Congressional Record (Bound Edition), Volume 160 (2014), Part 10 - Congressional Record (Bound Edition), Volume 160 for July 31, 2014

[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[Issue]
[Pages 13725-13959]
[From the U.S. Government Publishing Office, www.gpo.gov]

[[Page 13725]]

HOUSE OF REPRESENTATIVES--Thursday, July 31, 2014

The House met at 9 a.m. and was called to order by the Speaker pro
tempore (Mr. Hultgren).

____________________

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,

July 31, 2014.
I hereby appoint the Honorable Randy Hultgren to act as
Speaker pro tempore on this day.
John A. Boehner,
Speaker of the House of Representatives.

____________________

PRAYER

Reverend Roger Spradlin, Valley Baptist Church, Bakersfield,
California, offered the following prayer:
Father, we thank You for Your sovereignty and providence in each
person's life who stands before me and, more importantly, before You.
Grant them today Your guidance in their deliberations.
We acknowledge that our country is facing serious challenges and that
our world is in crisis. Give this body the courage that is necessary to
lead. Rather than allowing our ideology to further divide us, may You,
Father, unite us in our shared love for this great Nation.
Give the Members the wisdom to help the oppressed and the weakest
among us, as well as the courage to lead by conviction, rather than by
mere pragmatism.
Concerning our failures, rather than justice, we ask for Your mercy
and grace. Give us the will to acknowledge and to repent of all wrongs.
We thank You for the values on which this country was founded and for
Your continued blessing through the years. But we ask today, Father,
for our country, that our best days would not be behind us, but before
us.
We ask all these things in the strong name of Jesus.
Amen.

____________________

THE JOURNAL

The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
Mr. WILSON of South Carolina. Mr. Speaker, pursuant to clause 1, rule
I, I demand a vote on agreeing to the Speaker's approval of the
Journal.
The SPEAKER pro tempore. The question is on the Speaker's approval of
the Journal.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. WILSON of South Carolina. Mr. Speaker, I object to the vote on
the ground that a quorum is not present and make the point of order
that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.

____________________

PLEDGE OF ALLEGIANCE

The SPEAKER pro tempore. Will the gentleman from Pennsylvania (Mr.
Marino) come forward and lead the House in the Pledge of Allegiance.
Mr. MARINO led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

WELCOMING REVEREND ROGER SPRADLIN

The SPEAKER pro tempore. Without objection, the gentleman from
California (Mr. McCarthy) is recognized for 1 minute.
There was no objection.
Mr. McCARTHY. Mr. Speaker, I am both honored and humbled to welcome
my good friend, Pastor Roger Spradlin, as our guest chaplain this
morning.
Holding a doctorate in ministry and serving as a major leader within
the Southern Baptist community, Roger has served the Valley Baptist
Church in Bakersfield, California, since 1983. In that time, he has led
a congregation that has grown into a family of over 8,000 followers, a
family that my wife, Judy, my son, Connor, and Megan belong to.
I have watched Pastor Roger do many things for our community. I have
watched him use his grace, his humility, his ability to bring people
together. But the part that inspires me the most is I have watched him
in time of need, in time of tragic situations in our community, to help
us heal. I have watched him officiate and bring joy to a husband and
wife being married. I have watched him lift up those in harm's way. But
most importantly, I have watched him always bring the grace and inspire
others.
So it is with a great deal of joy on a special day today that I am
able to have my friend, an individual that helped change my life, be a
part of all of our lives.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. The Chair will entertain up to five further
requests for 1-minute speeches on each side of the aisle.

____________________

MIDDLE CLASS JUMP-START

(Mr. CICILLINE asked and was given permission to address the House
for 1 minute.)
Mr. CICILLINE. Mr. Speaker, hardworking American families deserve a
Congress that is working hard for them. Unfortunately, under Republican
leadership, the 113th Congress is set to be the least productive
Congress in history. Let me say that again. Speaker Boehner is
presiding over what will be the least productive Congress in history.
Mr. Speaker, leadership comes with responsibility. Rather than
working with Democrats to enact legislation that will strengthen the
middle class and expand economic opportunity for all Americans, my
friends on the other side of the aisle are obstructing progress and
suing the President.
Democrats have a different plan. Instead of blocking legislation that
will grow the economy, we have a plan that will jump-start the middle
class. It has concrete proposals that will bring jobs back to America,
provide women equal pay for equal work, raise the minimum wage, provide
emergency unemployment benefits, and help millions of students afford
college.
Mr. Speaker, we have serious challenges facing our Nation. Let's put
aside partisan differences and get to work to jump-start the middle
class and create jobs. Let's not adjourn. Let's cancel the recess and
stay here and do the work the American people expect us to do.

____________________

THE UNITED STATES MUST CONTINUE TO STAND BY ISRAEL

(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)

[[Page 13726]]

Mr. WILSON of South Carolina. Mr. Speaker, the world has watched
violence in the Middle East escalate due to Hamas rocket attacks. The
bottom line is that Israel, under the trusted leadership of Prime
Minister Benjamin Netanyahu, has the absolute right to defend its
citizens from murderous attacks.
Hamas is a terrorist organization attacking to achieve one goal:
bring death and destruction to the people of Israel. The Hamas threat
is: ``We love death more than you love life.''
Hamas continues to launch thousands of rockets into Israel and create
a network of terror tunnels. Sadly, Palestinian civilians have died
because Hamas uses the innocent as human shields.
The United States must stand by our greatest ally in the region.
Anything but total support of Israel by the President signals weakness
for future attacks on the American people.
Terrorist threats are increasing, despite the President's denial. The
President's actions to defeat terrorism are more significant than
words.
In conclusion, God bless our troops, and we will never forget
September the 11th in the global war on terrorism.
Rest in peace, Earl Brown, a South Carolina patriot.

____________________

RECOGNIZING THE PASSING OF SHERIFF RALPH FROEHLICH

(Mr. SIRES asked and was given permission to address the House for 1
minute.)
Mr. SIRES. Mr. Speaker, I rise today to speak about the recent loss
of Sheriff Ralph Froehlich.
Sheriff Froehlich was born and raised in Elizabeth, New Jersey. After
serving over 9 years in the U.S. Marine Corps as an Infantryman and a
drill instructor, Mr. Froehlich joined the Elizabeth Police Department.
Mr. Froehlich worked for almost 20 years, rising up to the rank of
Lieutenant.
In 1977, he was elected the Sheriff of Union County and, at the time
of his passing, was in the midst of serving his 13th term. This gave
him the distinction of being the longest-serving Sheriff in the history
of New Jersey.
While serving as the Sheriff of Union County, he implemented several
programs designed to make our community safer. He worked hard to
establish units regarding missing persons, domestic violence, and
search and rescue.
I want to express my deepest condolences for all who knew and cared
for Sheriff Froehlich, and my gratitude for the years he devoted to
keeping our community safe.

____________________

RECENT BIPARTISAN ACCOMPLISHMENTS OF THE HOUSE OF REPRESENTATIVES

(Mr. LANCE asked and was given permission to address the House for 1
minute.)
Mr. LANCE. Mr. Speaker, I rise this morning to draw attention to the
recent bipartisan accomplishments here in the House of Representatives.
These efforts include passage of legislation to keep the Internet tax-
free, a highway bill that will keep more than 700,000 construction
workers on the job, a series of education bills that will give students
and their families the tools they need to help make postsecondary
education more accessible and affordable, and legislation that will
reform the Veterans Administration.
The House has also acted on an energy bill that would make it easier
to ship our natural gas overseas, and put much-needed pressure on
Russia, as well as a tax measure that will allow U.S. companies, large
and small, to innovate, create jobs, and increase wages.
These are just a few of the more than 300 House-passed bills,
including more than 40 jobs bills, that wait for action in the Senate
of the United States. These bipartisan measures would benefit American
families and businesses. They all deserve an up-or-down vote in the
United States Senate.

____________________

THIS IS A SAD DAY IN THE HOUSE OF REPRESENTATIVES

(Mr. McDERMOTT asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. McDERMOTT. Mr. Speaker, I come today to this floor on what I
believe is a very sad day for this House. There is no place left safe
for children. Yesterday and today, we have condoned and endorsed
activities which put children at risk. Children are not safe in
mosques, in churches, in U.N.-protected schools, in hospitals, in
ambulances, or even playing on the beach.
167 years ago, my great-grandmother came from Ireland, 12 years old,
by herself, on a boat, landed in the docks of New York. If this
Congress had been sitting then, she would have been sent back to
Roscommon County, to her people, to her family, where a third of the
people were dying of famine, a third emigrated, and a third stayed.
That is what we would have sent her back to, without a hearing, without
anything. She had no rights. And, luckily, it wasn't that way.
There is no resonance for Jesus' command: Suffer the little children
to come unto me.
Our country will rue this day.

____________________

VETERANS ACCESS, CHOICE, AND ACCOUNTABILITY ACT

(Mr. THOMPSON of Pennsylvania asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I am here to celebrate the
most recent of many bills produced by this House, the Republican-led
House. This one is H.R. 3230, the Veterans Access, Choice, and
Accountability Act, with overwhelming bipartisan support. This
legislation will begin the process of reforming the Veterans Health
Administration and instituting great accountability across our
veterans' health system.
Being the father of an Army soldier and having worked for 30 years as
a health care practitioner, my heart broke when I first heard of the
disturbing revelations of gross misconduct and dysfunction at the VA.
Fortunately, with the passage of H.R. 3230, we have moved one step
closer to restoring the trust of our veterans. This legislation will
afford greater and timelier access to cost-effective care services,
while bringing necessary changes to the Department of Veterans Affairs.
However, Mr. Speaker, this is just the first step, and more needs to be
done to fulfill the commitments we have made to these brave men and
women.
I want to thank the chairmen of the House and the Senate Veterans'
Affairs Committees for their commitment to overcoming political
differences and finding common ground.

____________________

{time} 0915
KURDISTAN

(Mr. POLIS asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. POLIS. Mr. Speaker, over the conflict in the area of Iraq, dating
from the first gulf war to the second, we have had staunch allies in
the Kurdish people.
And just as the American people had within them the desire for
independence in 1776, so, too, rises the tide of self-determination
among the Kurdish people. And should they choose to take that path in a
referendum and seek to separate themselves from the failing Iraqi
State, I strongly encourage America to promptly recognize a new,
independent Kurdistan to take its place among other important American
allies, like Israel, in the region.

____________________

SUPPORT FOR ISRAEL

(Mr. DUNCAN of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. DUNCAN of South Carolina. Mr. Speaker, before we go home for the
August work period, I think it is important for this House to reaffirm
to the world our support for Israel. Under President Obama, it would
seem that America has switched sides from its historical support for
Israel, which dates back to 1948.

[[Page 13727]]

The President seems to want hostilities to end so bad that he and his
supporting cast within the mainstream media fail to remember or point
out that Hamas has been lobbing rockets into Israel from shortly after
Israel's withdrawal from Gaza in 2005.
In Secretary Kerry's mind, it would seem, a stop to hostilities means
Israel must stop defending its people. But there is never mention of
Hamas ending the constant barrage of rockets--22 red alerts have gone
off thus far in Israel today. That is not 22 rockets. That is 22
separate events where rockets have been launched into Israel.
This President seems more interested in appeasing Hamas, which is a
terrorist organization, than he is in comprehending Israel's desire to
end this threat to its people and its existence.
This position put forward by the President and his Secretary of
State, John Kerry, is an injustice and a betrayal toward a longtime
friend and ally in the region. Israel deserves better, and they deserve
more, Mr. President.
As for me and my office and my house and my family, we will always
stand with Israel.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.

____________________

PROVIDING FOR CONSIDERATION OF H.R. 5230, SECURE THE SOUTHWEST BORDER
ACT OF 2014; PROVIDING FOR CONSIDERATION OF H.R. 5272, PROHIBITIONS
RELATING TO DEFERRED ACTION FOR ALIENS; AND PROVIDING FOR CONSIDERATION
OF THE SENATE AMENDMENT TO H.R. 5021, HIGHWAY AND TRANSPORTATION
FUNDING ACT OF 2014; AND FOR OTHER PURPOSES

Mr. COLE. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 696 and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 696

Resolved, That upon adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 5230) making
supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes. All points of
order against consideration of the bill are waived. The bill
shall be considered as read. All points of order against
provisions in the bill are waived. The previous question
shall be considered as ordered on the bill and on any
amendment thereto to final passage without intervening motion
except: (1) one hour of debate equally divided and controlled
by the chair and ranking minority member of the Committee on
Appropriations; and (2) one motion to recommit.
Sec. 2. After passage of H.R. 5230, and on the legislative
day of July 31, 2014, the House shall consider in the House
the bill (H.R. 5272) to prohibit certain actions with respect
to deferred action for aliens not lawfully present in the
United States, and for other purposes. All points of order
against consideration of the bill are waived. The bill shall
be considered as read. All points of order against provisions
in the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage without intervening motion except:
(1) one hour of debate equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary; and (2) one motion to recommit.
Sec. 3. Upon adoption of this resolution it shall be in
order to take from the Speaker's table the bill (H.R. 5021)
to provide an extension of Federal-aid highway, highway
safety, motor carrier safety, transit, and other programs
funded out of the Highway Trust Fund, and for other purposes,
with the Senate amendment thereto, and to consider in the
House, without intervention of any point of order, a motion
offered by the chair of the Committee on Transportation and
Infrastructure or his designee that the House disagree to the
Senate amendment. The Senate amendment and the motion shall
be considered as read. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion except one hour of debate equally divided
and controlled by the chair and ranking minority member of
the Committee on Transportation and Infrastructure.
Sec. 4. Any motion pursuant to clause 4 of rule XXII
relating to H.R. 5021 may be offered only by the Majority
Leader or his designee.
Sec. 5. It shall be in order at any time on the
legislative day of July 31, 2014, for the Speaker to
entertain motions that the House suspend the rules as though
under clause 1 of rule XV. The Speaker or his designee shall
consult with the Minority Leader or her designee on the
designation of any matter for consideration pursuant to this
section.
Sec. 6. The requirement of clause 6(a) of rule XIII for a
two-thirds vote to consider a report from the Committee on
Rules on the same day it is presented to the House is waived
with respect to any resolution reported through the
legislative day of July 31, 2014.

The SPEAKER pro tempore. The gentleman from Oklahoma is recognized
for 1 hour.
Mr. COLE. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to my friend, the gentleman from Colorado (Mr.
Polis), pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.

General Leave

Mr. COLE. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
Mr. COLE. Mr. Speaker, on Wednesday, the Rules Committee met and
reported a rule for consideration of three measures: H.R. 5230, the
supplemental appropriations bill to deal with the influx of
unaccompanied minors across the southern border; H.R. 5272, a bill that
would prevent the administration from expanding the use of deferred
action for individuals who are not legally present in the United
States; and the Senate amendment to H.R. 5021, the Highway and
Transportation Funding Act of 2014.
The resolution provides a closed rule for consideration of H.R. 5230,
the supplemental appropriations bill. This is consistent with the way
all seven supplemental appropriations acts considered in the 110th and
111th Congresses were treated when my colleagues on the other side of
the aisle were in the majority. The rule provides for 1 hour of debate,
equally divided and controlled by the chairman and ranking member of
the Committee on Appropriations, and provides for one motion to
recommit.
In addition, the resolution also provides that after the passage of
H.R. 5230, that it be in order to consider H.R. 5272, a bill that would
prevent the administration from expanding the use of deferred action
for individuals who are not legally present in the United States. The
resolution provides a closed rule for consideration of H.R. 5272,
provides for 60 minutes of debate, equally divided by the chairman and
ranking member of the Committee on the Judiciary, and provides for a
motion to recommit.
In addition, the rule also provides for consideration of a motion to
disagree to the Senate's amendment to H.R. 5021, so we can send the
bill that easily passed the House on an overwhelming bipartisan vote
back to the Senate.
Finally, the rule provides for same-day and suspension authority
today to resolve any outstanding issues before the August recess.
Mr. Speaker, this rule demonstrates this House's careful
consideration of the President's supplemental request. Earlier this
month, the President submitted to Congress a $3.7 billion request to
deal with both the urgent crisis of unaccompanied juveniles crossing
the border and with wildfires.
Since then, Chairman Rogers, Chairman Granger, Speaker Boehner, and
the Republican Conference have thoughtfully considered what resources
the President needs to address this crisis through the end of the
fiscal year.
The result, Mr. Speaker, is a significantly pared-down piece of
legislation. It provides $659 million to meet the immediate border
security and humanitarian needs. This supplemental sends the message
that this administration has been unwilling to send, that if you come
here illegally, you will be deported. And it provides the resources to
effect just that.
It provides $334 million for Immigration and Customs Enforcement for
boosted enforcement efforts, accelerates judicial proceedings by
providing $22 million to hire temporary immigration judges and provide
courts with video teleconferencing equipment, and

[[Page 13728]]

makes smart policy reforms, like changing the 2008 sex trafficking law
to require that all unaccompanied minors are treated the same, among
others.
These important policy reforms, which the President initially asked
for, are a reasonable, thoughtful response to the tenfold increase of
unaccompanied alien children since 2011.
Mr. Speaker, the President's advisers warned him this crisis was
coming back in 2012 and 2013, but he ignored that advice. In fact, Mr.
Speaker, the administration has mismanaged this entire issue from the
beginning.
If the President's FY 2015 budget had become law, we would have seen
a reduction of nearly 3,500 detention beds, a 2 percent reduction in
ICE's investigative capacity, and a 12 percent reduction to CBP air and
marine operations, all vital tools to deal with this problem.
In addition, the President's budget request for the Central American
Regional Security Initiative, which confronts narcotics and arms
trafficking, gangs, and organized crime in that region and addresses
border security deficiencies and disrupts criminal infrastructure, was
actually proposed to be cut in the President's FY 2015 budget. The
House FY15 foreign operations bill reverses those cuts and actually
increases the resources to deal with these related problems.
Mr. Speaker, at every turn, the administration has failed to address
the border crisis adequately, and now the President wants a blank check
to proceed. His aim is not to stop and reverse the flow of
unaccompanied minors into this country. He merely aims to manage that
influx more efficiently. The House cannot accept that.
This legislation, H.R. 5230, adequately funds the shortfalls caused
by this administration's policy by using existing resources. And
Republicans are willing to provide additional resources should they be
needed in FY 2015 appropriations, within the bipartisan budget cap set
by the Ryan-Murray budget agreement. But we believe that this bill
provides the appropriate resources at this time.
In addition, Mr. Speaker, the bill provides for consideration of H.R.
5272, which would prevent the administration from expanding the
Deferred Action for Childhood Arrivals, the so-called DACA program. I,
like many of my colleagues, believe that DACA has incentivized
juveniles to attempt the long and dangerous journey from Central
America, with the hope of staying in this country permanently.
Executive orders, like DACA, only serve to keep that hope alive. I
believe it is important to send a strong signal that this program
should not be expanded. H.R. 5272 does just that.
Finally, Mr. Speaker, the rule would send back the original House-
passed highway bill to the Senate. While I appreciate what my friends
in the other body have been able to do, I believe it is important to
provide Members the maximum amount of flexibility to craft a long-term
highway bill. By accepting the Senate amendment, which would only
provide adequate funding of the highway trust fund through mid-
December, we would be effectively creating a new crisis in the middle
of a lame duck session of Congress. Given the limited number of session
days before the election, this does not seem like a prudent course to
take. Instead, the House should return to the Senate its bipartisan
legislation, which passed this Chamber by a vote of 367-55.
In closing, Mr. Speaker, I believe it is important to move forward on
these three important pieces of legislation before the August district
work period. I urge support for the rule and the underlying
legislation.
I reserve the balance of my time.

Parliamentary Inquiries

Mr. VAN HOLLEN. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Maryland will state his
parliamentary inquiry.
Mr. VAN HOLLEN. Mr. Speaker, I am looking over the rule that was
passed late last night, and my reading of the rule indicates that that
there was a change in the standing rules of the House. Mr. Speaker, I
would like some parliamentary clarification on that provision.
If you look at the resolution in section 4, it says, ``Any motion
pursuant to clause 4 of rule XXII relating to H.R. 5021''--that is the
transportation-related bill--``may be offered only by the Majority
Leader or his designee.''
Now, I am looking at the standing rules of the House, Mr. Speaker,
and the standing rules of the House provide that ``when the stage of
disagreement has been reached on a bill or resolution with House or
Senate amendments, a motion to dispose of any amendment shall be
privileged.''
My question is: Doesn't ``privileged'' mean available to any Member
of the House?
The SPEAKER pro tempore. The gentleman is asking the Chair to
interpret the pending resolution, and that provision will not be
interpreted by the Chair while it is under consideration.
Mr. VAN HOLLEN. Well, Mr. Speaker, my understanding of a
parliamentary inquiry was where the Speaker was supposed to clarify
questions of the rules and the parliamentary order.
I am simply asking whether or not, in previous rulings by this House
and by the Parliamentarian, ``privileged'' has been interpreted to mean
something that is available to any Member of the House, not just to the
majority leader or the designee of the majority leader?

{time} 0930

The SPEAKER pro tempore. The Chair will not interpret this resolution
during its pendency.
Mr. VAN HOLLEN. Parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. VAN HOLLEN. If the Chair does not want to interpret this
parliamentary inquiry at this time, at what point would it be in order
to ask the Parliamentarian and the Chair to interpret the rules of the
House?
The SPEAKER pro tempore. A parliamentary inquiry should relate in
some practical sense to pending proceedings.
Mr. VAN HOLLEN. Parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. VAN HOLLEN. Is it not the rule, passed out of the committee, that
is pending? That is the parliamentary inquiry. Is that what is pending
before the House, the rule?
The SPEAKER pro tempore. The gentleman's inquiry is a matter for
debate on the resolution.
Mr. VAN HOLLEN. But, Mr. Speaker, isn't the matter pending before the
House the rule that the designated chairman--acting chairman--of the
Rules Committee just spoke about?
The SPEAKER pro tempore. House Resolution 696 is pending at this
time.
Mr. VAN HOLLEN. That is correct, Mr. Speaker. And I am reading one of
the provisions of that resolution, specifically section 4 of that rule,
which is before the House which changes the rules of the House to say
that a motion may only be made by the majority leader or his designee,
as opposed to the privileged motion required under the underlying rule.
Is that correct?
The SPEAKER pro tempore. As the Chair has stated, the Chair will not
interpret the pending resolution. That is a matter for debate.
Mr. VAN HOLLEN. If I could ask for 1 minute of time to discuss this
matter.
The SPEAKER pro tempore. The gentleman from Colorado is recognized.
Mr. POLIS. Mr. Speaker, I will further yield 1 minute to the
gentleman from Maryland.
Mr. VAN HOLLEN. Look, yesterday, we were on the floor of the House,
Mr. Speaker, and our Republican colleagues passed a measure to sue the
President of the United States, waste millions of dollars of taxpayers'
money to sue the President of the United States, and the claim was the
President has exceeded his authority.
That is a specious claim, but what is incredible is the very next day
our Republican colleagues are here suspending democracy in the House,
changing the standing rules of the

[[Page 13729]]

House to take away from any Member of the House the opportunity to
offer a motion with respect to the transportation bill, which is what
the standing rules of the House provide, and they want to say no, we
are going to take that right away from a Member, and we are going to
give it exclusively to the Republican leader or the Republican leader's
designee.
Do you know, Mr. Speaker, the last time we saw this happen? On the
government shutdown. Our Republican colleagues used the same measure to
refuse to take up the Senate bill, which would have ended the
government shutdown. They didn't want to end it, so they kept it going.
That cost the American taxpayer $24 billion in damage to the economy.
Let's not play games with the rule, that this rule allows every
Member their rights. The Speaker is not the king, and we should make
sure that every Member has an opportunity.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to address the underlying rule, and I appreciate
the gentleman from Maryland's efforts to get clarity as to what is in
this rule.
As you know, Mr. Speaker, we saw this rule for the first time late
last night. We saw the bill for the first time late last night. I
believe the underlying bill was dropped shortly after 8 p.m., and Rules
Committee convened after 10 p.m.
We are still in the process of trying to understand what is in this
rule and this bill. I know that there are legitimate questions with
regard to how it changes the rules of our entire House of
Representatives, as well as what this bill actually does.
Mr. Speaker, I rise in strong opposition to both the process of the
rule and the underlying bill. The bill, of course, prohibits certain
actions with respect to deferred actions for people who are already in
our country.
This provision was added at the last minute in the midnight hour to
restrict the deferred action for the childhood arrivals program, which
is a form of prosecutorial discretion, which is used by all
prosecutorial and administrative agencies.
When you have a situation where 10 or 11 or 12 million people have
illegal presence in our country, clearly, with our limited enforcement
resources, we need to have prosecutorial discretion and priorities.
Whom should we be going after and in what form, given that it is not
possible with the limited resources they have, to in any way address
the entire issue?
Mr. Speaker, I would like to think that it makes perfect sense, with
regards to the deferred action program, that we focus our limited
enforcement resources on criminal aliens. Those are people who, in
addition to having unlawful presence here, have committed some kind of
crime. It might have been a DUI. It might have been an assault.
We need to focus on promptly bringing people who have committed
crimes to justice and deporting them under our laws. So whom does it
make sense to not focus on, given our prosecutorial discretion?
I think the deferred action program is a perfect example, and this
bill, in our understanding, even recognizes that, that many of the
people that grew up in our country, that know no other country, that
came when they were 2 or 3, that were cheerleaders or high school
football players and know no other country than the United States of
America and owe their loyalty to us, of course, should not be the
enforcement priority of laws that are broken until we can fix our
immigration system.
It makes sense that the President work--any President, Democrat or
Republican--to identify additional groups that we can use with our
prosecutorial discretion and offer some kind of deferred action to, so
that we can further focus our limited enforcement resources on those
who would do us harm or represent a threat to our safety or our
economy.
If there is a way, for instance, to include the parents of American
children who are here unlawfully and are not violating any criminal
laws of our country, it would make sense that their enforcement should
come after those who have committed criminal violations in our country.
That is a customary aspect of prosecutorial discretion ranging from any
DA to the Attorney General to the President of the United States.
Mr. Speaker, under the language of this bill, it would further
restrict the ability of the President to focus our limited enforcement
resources on criminal aliens who would do us harm, reducing the
security of the American people.
Now, we all know the real answer here is to replace our broken
immigration system with one that works. The answer is not to have 10
million, 12 million, who knows how many million people here illegally
and just focus on which group we can actually enforce the law on. We
need to have a law that we can enforce universally.
There should not be people that are here illegally in our country. We
need to secure our borders, we need to reunite American families, and
we need to grow our economy. Later on today, if we defeat the previous
question, Mr. Garcia will offer a bipartisan bill that will do just
that.
Instead of even allowing amendments on these controversial bills,
including amendments that are extremely commonsense, we have a closed
process that, as Mr. Van Hollen pointed out, changes the very rules of
the House, in the name of preventing the President from focusing on
deporting criminal aliens.
Look, Republicans and Democrats alike acknowledge that there is a
crisis on our southern border. Unaccompanied minors are fleeing from El
Salvador, Honduras, and Guatemala, fleeing horrific situations. I had
the opportunity to visit the border the weekend before last, along with
many of my colleagues, and got to speak to some of the kids, as well as
the Customs and Border Patrol and HHS officials, and hear some of those
stories firsthand.
We had this discussion yesterday in Rules Committee. Action means a
bill passing the House, a bill passing the Senate, and the President
signing it. Instead of taking action to address the crisis on our
southern border, the House is considering a House-only bill that the
President has said he would veto, that the Senate won't likely even
bring up, and then promptly going home for a 1-month vacation. We
wonder why Congress has a 12 percent approval rating.
Mr. Speaker, I reserve the balance of my time.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to disagree with my friend on a couple of points
that he made. First, I would suggest the President actually hasn't
taken action or suggested action. A month ago, he told us that the 2008
sex trafficking law was responsible for his inability to return people
to their country of origin, unaccompanied minors.
We have been waiting for his corrective for 30 days; instead, Mr.
Speaker, we get an open-ended supplemental that goes through from this
fiscal year to the end of the next fiscal year with a lot of measures--
some of which, by the way, we agree with--to manage the flow, but
absolutely nothing to stop and reverse the flow.
So we think, in that absence of leadership from the executive branch,
we have acted. We have actually done what a month ago at least he was
suggesting ought to be done, giving some discretion and giving some
ability to try to deal with the loophole in the law.
In the meantime, Mr. Speaker, we have looked at what he put in front
of us, and we have decided, look, we can actually offset this money. We
don't have to spend extra money. This is a higher priority. We will
take money from lower priority areas.
We will get us through the end of this fiscal year and through the
end of this calendar year, and in that interim time, we will have an
opportunity to work with the administration to continue to address the
problem within the limits of the Ryan-Murray budget agreement that we
agreed to on a bipartisan, bicameral basis not that long ago.
Now, Mr. Speaker, this issue of the DACA controversy that we have
here, I

[[Page 13730]]

would like to make the following points: first, nothing in this
legislation changes the current state of affairs at all. In other
words, what the President has done up to this point is left
undisturbed.
However, we do believe the abuse of prosecutorial discretion is
actually one of the things that contributed to the current crisis that
we have--not deliberately, but, frankly, I think the President
unwittingly or unknowingly sent a signal that if you get here and you
get across our border, you are going to be able to stay. So we want to
be very careful that doesn't happen again.
In addition, Mr. Speaker, the President has said if Congress doesn't
do certain things by such and such a date or by the August work period,
then I intend during that time to use my pen and my phone to effect
some changes that I want.
What is interesting to us, by the way, less than 2 years ago, he said
these kinds of things were unconstitutional and couldn't be done by the
executive branch. Now, he has changed his view on that.
So we are going to finally put in place something that will prevent
him in our absence from once again abusing prosecutorial discretion to
achieve other aims.
With that, I would like to reserve the balance of my time, Mr.
Speaker.
Mr. POLIS. Mr. Speaker, I would like to yield 2 minutes to the
gentleman from Massachusetts (Mr. McGovern), my colleague on the Rules
Committee.
Mr. McGOVERN. Mr. Speaker, my House Republican friends never cease to
amaze me. Once again, House Republicans have turned control of their
agenda to Senator Speaker Ted Cruz. The last time they did this, they
shut the government down, and look at how that worked out for them.
Some people never learn.
Mr. Speaker, it is not enough that House Republicans, despite Speaker
Boehner's promises of a more open House, continue to block
consideration of comprehensive immigration reform. No, they need to go
even further.
Last night, after a lengthy meeting with Senator Speaker Cruz, House
Republicans caved in a desperate and partisan way and produced an
extreme bill that would prevent President Obama from building upon the
Deferred Action for Childhood Arrivals program. This bill was
introduced last night. It has never had a hearing, but here it is.
Mr. Speaker, House Republicans are victims of their own
shortsightedness. In their attempts to placate the fringe elements on
the far right, especially as the November elections grow closer, House
Republicans continue to refuse to bring up any kind of comprehensive
immigration reform bill.
Of course, the Senate passed comprehensive immigration reform
overwhelmingly, and we know that the bill would pass this House if it
were brought up for a vote.
Mr. Speaker, this process is absurd. The bills we will consider today
are cruel and cheap political stunts. They would do nothing to
alleviate the crisis and merely serve as political cover, and what is
worse, the Republicans are playing games with the lives of vulnerable
children.
Further, the supplemental appropriations bill is a sham. It does not
even come close to addressing the humanitarian crisis on our border. It
provides nothing in terms of necessary resources for the Border Patrol,
HHS, Homeland Security, and our immigration system to give these
children and their families the attention that they need.
The policy is bad enough. The process absolutely stinks. The deal the
Republican leadership cut with the hard right is this: if you want the
opportunity to vote for a nasty bill to block expansion of DACA--which
has absolutely nothing to do with the crisis on the border--then you
have to vote for this terrible supplemental.
No wonder the approval rating of Congress is at 7 percent. With
stunts like this, I am surprised it is that high. I know this is an
election season, but I plead with Republicans: let's not lose our
humanity in this process.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, my friend is always a terrific and impassioned speaker,
and I love to hear him. I genuinely do, but what he is saying is,
frankly, at odds with the facts.
Look at the record. It was the President in his budget who wanted to
cut border security, cut detention beds, reduce aid to Central America,
and reduce law enforcement. That was the President's proposal.

{time} 1045

Before this crisis, we had already corrected some of those mistakes
in the FY15 Foreign Operations budget. So in terms of who has been
willing to put resources not only in a law enforcement sense but in a
humanitarian sense, it has been the majority side of the aisle, not the
minority.
Frankly, our plan will not increase suffering; it will decrease it.
What will increase suffering is continuing to send the signal that
coming here illegally will be rewarded. The challenge of that is,
number one, when you encourage that behavior, we are destroying the
societies from which those young people are coming. The officials of
those governments have met with ours, and they say that we would like
our children back. That is a terrible thing that we are doing to those
countries.
Number two, the people who are financing it, well-meaning people in
most cases, trying to bring children into the United States, are
turning their money over to criminal enterprises and cartels. They are
strengthening the very people who are destroying their society and
committing crimes across the entire region, not just our country.
And finally, the children that are encouraged to come are young
people, mostly juveniles from three countries and, frankly, are subject
to a horrific and dangerous journey. Along the way, they can be pressed
into sex trafficking. They can be turned into drug smugglers. They can
be physically abused. We don't know how many of them never make it here
at all.
Any policy left in place that encourages that, wittingly or
unwittingly, ought to be changed. Until the signal is sent unmistakably
to these societies, don't spend your money, don't put your kids at
risk, the flow will continue.
Now the President of the United States, at least 2 weeks ago, said:

The majority of these children are going to be returned.

That is his statement, not ours, not us doing something that he said
isn't going to happen. He said the overwhelming majority of these
children will be returned. Doing this quickly and humanely might keep
other children from following the same route.
This is a tough, tough situation. It is a situation, quite frankly,
that the President was warned would happen in 2012, was warned in 2013
by officials in his own administration, and ignored. You can see he
ignored it in terms of the budget he actually proposed to present to
Congress this year. Thank goodness we didn't actually do what he asked
us to do.
I think if you look at this objectively, you can see the President
was overtaken by a crisis. He fumbled it and mismanaged that crisis, in
my opinion, and now my friends on the other side of the aisle are
trying to turn this into something that it is not. It is a border
crisis debate and discussion. It is not an overall immigration debate.
It is not a political stunt. We certainly didn't plan for this to
happen. My friends clearly did not plan for it to happen. The President
didn't plan for it to happen or he would never have submitted the
budget that he did. So we are trying to respond quickly and
expeditiously to a crisis.
This is not, by the way, a once-and-for-all response. We are here in
August. We will be back here in September. We will be back here after
the election. We have an appropriations process, probably an omnibus
bill waiting in the lame duck that will continue to address this, but
something has to be done now.
What the President requests, again, doesn't address the problem. It
is an open-ended check and, frankly, sort of gets him off the hook
until September 30, 2015, when we would have to come back here again.

[[Page 13731]]

The bill in front of us is a much more prudent, much more targeted,
much more thoughtful, and much, frankly, more efficient use of
resources in the interim while we continue to work to get a handle on
the situation.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. O'Rourke).
Mr. O'ROURKE. Mr. Speaker, allow me to address some of the concerns
raised in the underlying bill concerning unaccompanied alien children.
If our concern is with a secure border, you can talk to someone such as
myself who represents El Paso, Texas, the largest city in Texas on the
Mexican border which, today, is also the safest city not just in Texas,
but in the entire United States. You can talk to other elected leaders,
to the folks who actually live on the border, and you can look at the
facts.
Apprehensions at the U.S.-Mexico border are down nearly 70 percent
over the last 15 years. In the year 2000, we had 1.6 million
apprehensions. This last year, 420,000. And even with this spike of
refugees from Central America, we are not expected to get to half a
million this year. The border, by the numbers, is as secure as it has
ever been.
If your concern is with the welfare of these children once they enter
this country, then I say let's increase the amount that we are spending
with Health and Human Services which, in this current bill, is a
pittance against what is necessary and what should be required.
And if your concern is with the welfare of these children in Central
America and along this journey, then I ask you to do what this
country's proud history, what our conscience, and what the law already
mandates, which is to accept their applications for asylum, to help
them once they are in this country, and to work with our neighbors in
Central America and this hemisphere to resolve the underlying problems.
I urge my colleagues to reject this rule, to reject the underlying
bill, and to come back together in September and to work on something
that is rational, that is humane, and that is in the best interests of
all concerned.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
Let's talk for a minute about the additional money to HHS. That is
exactly, by the way, what this does. The difference--and I think there
is probably some confusion here--is we are doing it for a short period
of time, and then we are going to probably continue to do it next year,
but do it within the constraints of the Ryan-Murray budget deal. The
President, frankly, hot-wires around the congressional agreement that
was made to lower the budget by extending these expenditures to the end
of the next fiscal year.
So just to reassure my friend, nobody is more interested, I think--
actually, let me put it this way. I think we are both interested in
making sure that, when anybody is in the custody of the United States,
they are treated humanely and that there are sufficient resources there
to do the job. So this does it in the short-term. I would expect in the
appropriations process--again, within the overall spending caps that we
have both agreed to--we would continue to do that by moving resources
from less important areas to more important areas.
I am going to disagree with my friend on, I think, his point that
most of these folks ought to remain inside the United States. Frankly,
I agree with the President of the United States: most of them should
not.
There is a process, by the way, if you want to apply for refugee
status. You do that by going to an American Embassy which is actually
in the countries there and they make that determination. You don't do
it by breaking the laws of Mexico and breaking the laws of the United
States by simply arriving here.
The President has said that most of these young people will be
returned. The longer they are here, the more you are going to encourage
other people to come, the more people will be subjected to that journey
that we all know is dangerous and deadly, and the more often criminal
enterprises will be enriched as people give them money to transport
juveniles to what they think will be permanent residence in the United
States when the President of the United States himself says it will not
be permanent, that most of them will return. Better to act on this now.
Now, again, I will be the first to tell you that I don't expect this
to be the final piece of legislation. This is an emergency measure. It
is timely, it is focused, and it is funded at an appropriate level. We
will be back here again in September. We will be back here working on
the appropriations process, no doubt, in a lame duck. Frankly, at that
time, the appropriate additional resources will undoubtedly be made
available, but they will be made available within the budget caps of
the Ryan-Murray deal.
I think sometimes when we compare this bill to the budget request the
President made, the supplemental request, we really are comparing
apples to oranges because the timeframes are much different. Remember,
the President's bill also includes wildfire funding. That may be
appropriate, but we just don't think it is appropriate in this vehicle,
in what ought to be a focused approach.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, it is my privilege to yield 2 minutes to the
gentlewoman from New York (Ms. Slaughter), the ranking member of the
Rules Committee.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman for yielding.
We spent a good time here yesterday debating and voting on a
resolution to sue the President for doing his job, and we are up to
about the same kind of tricks today. But if that show yesterday of the
Republican obstinance wasn't enough, last night at 10:30, the majority
changed the rules in the House to block efforts to achieve a long-term
solution to our infrastructure problem. Can you believe that? I want my
colleagues and everyone else to know what the majority is up to.
Mr. Speaker, we know and everybody knows that we need a long-term
highway bill that would create more jobs and strengthen our
infrastructure and provide more certainty for highway construction. And
under the rules of the House--always--any Member of the House would
have had the right to bring up real solutions to this problem, but not
any more. In the middle of the night, the Republicans at the Rules
Committee took that right away and gave it to one person, only one
person out of 435: the Republican leader. It seems that Republicans are
so fixated with my way or the highway that they are even willing to
change the rules of the House to block a vote.
This parliamentary trick has only been used once before in the
history of the House--only once--and it was during the government
shutdown that we recently experienced. While they were obsessing over
how to deny people health care, they changed the rules to ensure that
no one could open the government back up. None of us could bring that
up except one person, just one: the Republican leader. And the last
time they pulled this stunt with the government shutdown, it cost the
economy of the United States $24 billion. That is with a B.
Now, we don't know what will happen this time, but what we do know is
that it is a dangerous ploy that will undermine economic recovery and
job creation. The interest here today is not with the people of the
United States; it is purely, absolutely a political stunt after the
stunts yesterday. And the whole bill, what we are doing on the border
issue, again, is simply a diversionary tactic that signifies not much.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
Let me pull us back from arguing about rules and procedures to what
the real essence of the conflict on the transportation bill is: 357
Members, an overwhelmingly bipartisan vote, voted to send the
transportation bill to the United States Senate.
That bill, by the way, ran through, if I recall correctly, May of
next year, giving us enough time to actually then come to what I know
both sides want, and that is a longer-term highway bill.
What the Senate did was send us back something with fewer dollars and

[[Page 13732]]

a shorter timeframe that actually reaches simply into December, meaning
a lame duck Congress would have to deal with the transportation deal.
Not likely to happen, particularly when we will also be dealing with
the omnibus spending bill since the Senate, in its infinite wisdom, has
been unable to pass a single appropriations bill.
So I think cluttering the calendar with the transportation fund
dispute and problem in a short timeframe simply isn't wise. We think it
was a political game on the part of the United States Senate. But
regardless, the position of this House as expressed by a bipartisan
vote of 357, is overwhelmingly clear. We want to expedite that and get
it back to the other side so hopefully they can see that type of
gamesmanship doesn't work and they accede to the position that,
frankly, both sides of this Chamber adopted in overwhelming numbers.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Doggett).
Mr. DOGGETT. Sadly, Mr. Speaker, the do-nothingism of the 19th
century, the anti-immigrant fervor of that time, is alive and well here
today in the House. Republicans are overwhelmed with fear. They are
fearful of immigrants. They are fearful of little children at our
border. But I think most of all, they are fearful of their own
shadows--fearful that if they try to deal with any of the major
problems that our country faces, that they might suffer political
losses. So it is not only know-nothingism, it is do-next-to-nothing
that prevails today.
Even when the Republican chair of the Homeland Security Committee
last May obtained unanimous committee approval for a bill that he said
would secure our border, Republicans were afraid to have it debated on
the floor of the House for fear that it might lead to real
comprehensive immigration reform, reform that was approved by the
United States Senate over a year ago for which they have offered us
nothing but excuses, one excuse after another as to why we could not
permit a majority of this House to consider the best way to reform our
broken immigration system.

{time} 1000

Affording full participation to our DREAMers, students who came here
long ago as children through no fault of their own without a visa, will
not only benefit them as individuals to achieve their all, but it will
create jobs and grow our economy. I met with these DREAMers. They have
tremendous potential to give back to our country. Some want to deny
that opportunity.
What about these children at our border? Aren't they all God's
children? Aren't they our children? Don't all children deserve a chance
to survive without exploitation and violence and terror? We are not
asking that every one of these children be permitted to stay in the
United States.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield an additional 25 seconds to the gentleman from
Texas.
Mr. DOGGETT. We are not asking for amnesty, but how about just a
little decency, a little civility, a little humanity, how about just
following existing law, going after the smugglers, and providing the
supplemental resources needed to see that their rights are protected?
I believe that children who came here seeking refuge in this country
at least deserve a fair adjudication, not to be met with the barrel of
a gun and a one-way ticket back without considering whether they are
justly in this country.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
This is a subject on which, obviously, there is considerable passion
and considerable emotion. I respect that on all sides.
I will remind my friends who are insisting on immigration, they did
actually control the Chamber for 4 years and didn't bring up an
immigration bill ever, had two different Presidents who would have
signed anything that they cared to pass, and never introduced one.
Mr. POLIS. Will the gentleman yield?
Mr. COLE. I will not yield until I finish my point. You have got
plenty of time. I think you can make your points on your own.
Mr. POLIS. Will the gentleman yield on just a quick correction on
that point?
Mr. COLE. I certainly will yield to my friend on that.
Mr. POLIS. I thank the gentleman for yielding.
The House of Representatives did pass the DREAM Act during the lame
duck session.
Mr. COLE. Reclaiming my time, I thought we were talking about
comprehensive immigration reform--safely after an election I might add.
But the President of the United States, who ran in 2008, saying he
would have a bill on the floor within 100 days, didn't do it.
My friends had basically complete control of this Chamber and the
other Chamber. They demonstrated that by passing, again, ObamaCare
without a single Republican vote, passing Dodd-Frank, and passing the
stimulus bill, so they had the ability to do this and chose not to do
it. That is their right. They were in the majority. But please don't
lecture us on people stopping individual bills.
We have 350 bills, by the way, this Chamber has passed, sitting and
waiting for the Senate to consider any of them, any of them. So I
recognize, again, there is a great deal of passion here, but that is
not what this debate is about.
This debate is about a border crisis that we both recognize exist.
This debate is to give the President additional resources to deal with
that, even though he in some measure contributed to creating it. And
this debate is to make sure that we send the message unmistakably: if
you subject children to this journey and pay criminals thousands of
dollars to bring them across, they are not likely to get to stay--a
point that the President of the United States has made. He has said a
majority of these children are going to go home. If my friends have a
quarrel with that, they should direct that to the President, not to us.
In this case, we do think if you don't discourage that, you are going
to feed criminal behavior. You are going to put these children at risk,
and you are going to destroy the society from which they came.
I don't think we can in a single bill have an overall solution to
this problem of this level. I personally think it is going to take an
effort somewhat similar to what we did in Colombia--in a bipartisan
sense, I might add--on the drug trade, where we invested considerable
resources in Colombia to help them deal with that problem. I am not
going to tell you it is perfect there, but it is considerably better
than it was in the 1980s and 1990s.
So that is where we worked together constructively and did something
good for those societies and something good for our own country. That
will probably be the model that has to emerge again in Central America.
But, again, that is a problem far ahead of us and legislative in
scope. This is a response to a crisis. We think it is the appropriate
response.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield to the gentleman from Texas (Mr.
O'Rourke) for the purpose of a unanimous consent request.
Mr. O'ROURKE. Mr. Speaker, I enter into the Record the story of a 4-
year-old Honduran girl whose body was found in a nylon bag showing
signs of torture.

[From La Tribuna, July 20, 2014]

Kidnap and Kill a Girl in Olancho

(This is a Google Translation)

SAN FRANCISCO DE LA PAZ, Olancho. A heinous crime committed
against a minor, has shaken an entire community that is not
answered the savage and ruthless attitude of those involved
in the sadistic action.
A little of just four years had disappeared last Thursday
afternoon a little after 2:00 pm, according to the account of
his father Anibal Cardona, about 30, who wept inconsolably so
the tragedy.
Apparently a family would have caused neglect subjects
mysterious little girl lifted

[[Page 13733]]

backyard to lead to an unknown destination Quiscamotelugar
the community, the origin of the parents of the unfortunate
infant.

inside sack

The body of the girl was placed inside a nylon bag and left
abandoned near the home where a day earlier had kidnapped.
Showed signs of torture and was handcuffed, and the
conditions under which the body was giving signs of having
been killed on the day she disappeared.
The crime involves a mystery, which generates various
speculations in the whole population and in the same family,
which not only repudiate what happened, they also believe
that someone close may be linked to macabre done.
The house where he carried the creature is roughly an area
of half acre of land, fenced with cyclone wire mesh and only
one entry and when the body was found no one saw who placed
it on the site though many neighbors accompanied the family
at that time.

rescue

The other uncertainty that goes through the head of the
citizens, is related to an alleged phone call asking for
ransom, which the authorities are already investigating and
could become the thread from the skein that leads to the true
origin of what happened.
It was learned that the police is on the trail of four
subjects, which might be collusion, or have enough
information from individuals who committed the detestable
fact.
Those who were arrested in a nearby village and that from
the beginning of the alarm mentioned that they were
responsible, but last night only two people were detained for
investigation.
The girl's father, Anibal Cardona, and uncle, Luis Alonso
Duarte.
In less than a year, this olanchano municipality has been
involved in two violent incidents that result in death left
two young children, who still has shaken society.
On 11 October last year, another toddler died a brutal
hands of a mentally alienated, brutalized by the effect of
alcohol and drugs, committed a heinous murder.
At that time, parishioners wanted to take justice into
their own hands hours after police stopped the confessed
responsible, a young 22 year old named Carlos Peralta.
Today, the San Franciscan people revive those feelings of
grief, sorrow and helplessness, and calls to the appropriate
speed in the latter investigations mourns another family
event. (FS)

Mr. POLIS. I yield to the gentleman from Florida (Mr. Garcia) for the
purpose of a unanimous consent request.
Mr. GARCIA. Mr. Speaker, I enter into the Record the story of a 17-
year-old Guatemalan boy who received asylum because a gang killed his
father and they were threatening him.

Cesar, a 17-year old boy from Guatemala, lost his father to
gang violence at the age of 4. For 13 years, Cesar was
harassed by the same gang who killed his father. When he
refused to join the gang, he feared for his life and fled the
country, swimming across the Rio Grande to cross the border.
He was granted asylum, loves school and hopes to attend
college.

Cesar--Asylum

Cesar, from Guatemala, was four years old when his father
was killed by gangs in their community. The gang members were
never arrested and continued to live in the town. They
started harassing Cesar when he was very young and never
stopped. He was very scared but there was no way he could get
away from them.
By the time he turned 17, Cesar could not stand the gang
harassment any more. The gangs were trying very hard to get
him to join and he was very afraid he was going to be killed.
He decided to make the journey to the United States. He said
was very hard; sometimes he didn't think he would survive. He
swam across the Rio Grande to cross the border. A pro bono
attorney KIND matched him with from Kirkland & Ellis helped
him gain asylum. He loves school and wants to attend college.

Mr. POLIS. Mr. Speaker, I yield to the gentlelady from California
(Ms. Lofgren) for the purpose of a unanimous consent request.
Ms. LOFGREN. Mr. Speaker, I enter into the Record the story of an 11-
year-old Salvadoran boy who is applying for asylum because he was
threatened by gang members who killed his cousin and who suffered
severe domestic abuse.

Andres is an 11-year-old Salvadoran boy, abused by his
caretakers and fleeing gang violence after his cousin was
killed, he entered the U.S. to reunite with his mother,
grandmother (USC), and extended family. He entered in July
2013 when he was 10 years old. He is applying for asylum.

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore. As indicated by previous occupants of the
Chair on June 26, 2003, on June 27, 2002, and on March 24, 1995,
although a unanimous consent request to insert remarks in debate may
comprise a simple declarative statement of the Member's attitude
towards the pending measure, it is improper for a Member to embellish
such a request with other oratory, and it can become an imposition on
the time of the Member who has yielded for that purpose.
The Chair will entertain as many requests to insert as may be
necessary to accommodate the Members, but the Chair must also ask that
Members cooperate by confining such requests to the proper form.

Parliamentary Inquiries

Mr. POLIS. Mr. Speaker, I have a point of parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. When these requests are submitted, the Members are merely
stating the title of the document that is being submitted, which
clearly has to have a name. I want a clarification as to whether that
is charged to our time, if they are simply submitting a document and
telling you the name of that document?
The SPEAKER pro tempore. As most recently ruled by the Chair on July
11, 2013, a unanimous consent request that extends beyond a simple
declarative statement of a Member's attitude about the underlying
measure constitutes debate and may result in time being charged to the
yielding Member upon execution of that order.
Mr. POLIS. Again, Mr. Speaker, I inquire--I would like your judgment,
in fact--on when these motions are made and the document is submitted,
clearly the document that is being referred to has to be referred to in
the remarks. These Members are submitting a document, and they are, in
fact, naming that document that they are submitting. I want to ensure
that that complies with the Chair's interpretation of the House rules.
The SPEAKER pro tempore. Also stated on July 11, 2013, the Chair will
exercise discretion in determining whether an individual unanimous
consent request results in a yielding Member being charged time in
debate.
Mr. POLIS. Mr. Speaker, I have a further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Mr. Speaker, what is the Chair's conclusion with regard to
these unanimous consent requests?
The SPEAKER pro tempore. Requests that include remarks in the nature
of debate will be charged against the yielding Member.
Mr. POLIS. Mr. Speaker, I have a further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Mr. Speaker, have the previous submissions of documents
gone beyond the unanimous consent request compliance that the Chair
stipulated?
The SPEAKER pro tempore. The Chair has not yet charged any time to
the gentleman from Colorado.
Mr. POLIS. I thank the Chair.
I yield to the gentlewoman from New York (Ms. Slaughter) for the
purpose of a unanimous consent request.
Ms. SLAUGHTER. Mr. Speaker, I enter into the Record the story of a
12-year-old girl who was trafficked for sex and labor and escaped
slavery with her baby and received a T visa in the United States.

Lutheran Immigration and Refugee Service: Voices of Central American
Youth--Why They Are Fleeing Their Countries

Background on the Humanitarian Crisis in Central America

[[Page 13734]]

where she was held captive. She was beaten and raped on an
almost daily basis and eventually forced into prostitution.
Because of this she became pregnant and gave birth to a girl
while captive. Maria fled with her child, riding on top of
trains so that they might escape the sexual bondage. Maria
ended up qualifying for a T-visa and is currently doing well.
She has now graduated high school.

Mr. POLIS. Mr. Speaker, I yield to the gentleman from Texas (Mr.
Doggett) for the purpose of a unanimous consent request.
Mr. DOGGETT. Mr. Speaker, I enter into the Record the story of a
young Honduran girl the age of my granddaughter, who fled domestic
violence and kidnapping. The document is from Lutheran Immigration and
Refugee Service, and it is entitled: ``Voices of Central American
Youth--Why They Are Fleeing Their Countries.''

Laura, an 8 year old girl from Honduras fled domestic
violence and kidnapping. Laura was living in Honduras with
her aunt while mother was in the U.S. working to provide for
her family. One day a man she called ``step-father'' who was
an ex-boyfriend of her mother's, kidnapped her from her
aunt's care. Laura's mother in the U.S. said she could not
report the kidnapping to authorities as they would do
nothing. This step-father beat Laura daily with belts and
pieces of wood, resulting in bruises, bleeding, and leaving
visible scars on her body. On multiple occasions, he also
threatened to kill her with a gun. The step father finally
threatened Laura's mother that he would kill the Laura if her
mother did not send him money. Laura's mother was finally
able to save and send a large amount of money to the step-
father and Laura was able to escape to come live with her in
the U.S. A child like Laura might apply for asylum.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.
Mr. POLIS. Mr. Speaker, I yield to the gentlewoman from California
(Mrs. Capps) for the purpose of a unanimous consent request.
Mrs. CAPPS. Mr. Speaker, I enter into the Record the story of an 11-
year-old Honduran boy who was kidnapped, tortured, and murdered.

Parliamentary Inquiries

Mr. POLIS. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Mr. Speaker, I believe that the only unanimous consent
request that has been charged to our time is Mr. Doggett's. Is that
correct?
The SPEAKER pro tempore. That is correct.
Mr. POLIS. Mr. Speaker, I have a further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Again, Mr. Doggett stated the title of the document that
he submitted, which seems to be a prerequisite for submitting a
document. I would like to inquire as to why the Chair has ruled to
charge the time to us.
The SPEAKER pro tempore. In the Chair's discretion, the gentleman
engaged in debate.
Mr. POLIS. Mr. Speaker, I have a further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. POLIS. Mr. Speaker, how can submitting a document and saying what
the name of the document is constitute debate?
The SPEAKER pro tempore. In the opinion of the Chair, the gentleman
was engaging in debate.
Mr. DOGGETT. Mr. Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentleman is recognized for a
parliamentary inquiry.
Mr. DOGGETT. Mr. Speaker, can the Chair provide advice, so that my
colleagues will understand what it was in reading the title and the
source of the document that described the tragedy of this little
Honduran girl seeking refuge in our country, constituted debate, rather
than simply identifying the title?
The SPEAKER pro tempore. The Chair is exercising his discretion.
Mr. DOGGETT. Mr. Speaker, I have a further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. DOGGETT. Mr. Speaker, without any guidance to my colleagues as to
how they can present documents within the rules of the House without
reading the title and the source of the document, can the Speaker
describe anything about my remarks that differed from any of the other
remarks that were given by my colleagues, other than the reading of the
title and the source from Lutheran Services of this young girl who
sought refuge in our country?
The SPEAKER pro tempore. To clarify, the Chair has stated that a
unanimous consent request to insert extraneous material may include a
simple declarative statement of the Member's attitude towards the
measure, but it is improper for the Member to embellish such a request
with extended oratory.
Mr. POLIS. Mr. Speaker, I yield to the gentleman from Massachusetts
(Mr. McGovern) for the purpose of a unanimous consent request.
Mr. McGOVERN. Mr. Speaker, I enter into the Record the story of a 15-
year-old Salvadoran boy who has requested asylum because local gang
members threatened to kill him after he refused to sell drugs for them.

Pangea Legal Services Client Story

Jose is 15-years-old. He grew up in El Salvador with his
grandparents. His parents immigrated to the United States
when Jose was still a toddler, and he had not seen them
since. Jose considered his grandparents as his parents and
wished nothing but to continue living with them and his
little brother. In April 2013, at age 14, Jose was forced to
flee his country after gangs threatened to kill him if he
didn't sell drugs for them. The family suspects that Jose was
targeted by the gang because Jose's uncle is the mayor of the
small Salvadoran town, and has attempted to establish
rehabilitation and anti-gang programs for several years. Jose
is in removal proceedings and his asylum application is
currently pending with USCIS.

Mr. POLIS. Mr. Speaker, I yield to the gentlewoman from California
(Ms. Roybal-Allard) for the purpose of a unanimous consent request.
Ms. ROYBAL-ALLARD. Mr. Speaker, I enter into the Record the story of
seven very young Honduran children who were tortured and brutally
murdered after refusing to join a gang.
Mr. POLIS. Mr. Speaker, I yield to the gentleman from New Mexico (Mr.
Lujan) for the purpose of a unanimous consent request.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I enter into the Record
the story of a young Honduran girl who resisted being robbed for $5,
was clubbed over the head, dragged out by two men who cut a hole in her
throat and left her in a ravine.

[From the New York Times, July 11, 2014]

The Children of the Drug Wars

(By Sonia Nazario)

Cristian Omar Reyes, an 11-year-old sixth grader in the
neighborhood of Nueva Suyapa, on the outskirts of
Tegucigalpa, tells me he has to get out of Honduras soon--
``no matter what.''
In March, his father was robbed and murdered by gangs while
working as a security guard protecting a pastry truck. His
mother used the life insurance payout to hire a smuggler to
take her to Florida. She promised to send for him quickly,
but she has not.
Three people he knows were murdered this year. Four others
were gunned down on a nearby corner in the span of two weeks
at the beginning of this year. A girl his age resisted being
robbed of $5. She was clubbed over the head and dragged off
by two men who cut a hole in her throat, stuffed her panties
in it, and left her body in a ravine across the street from
Cristian's house.
``I'm going this year,'' he tells me.
I last went to Nueva Suyapa in 2003, to write about another
boy, Luis Enrique Motino Pineda, who had grown up there and
left to find his mother in the United States. Children from
Central America have been making that journey, often without
their parents, for two decades. But lately something has
changed, and the predictable flow has turned into an exodus.
Three years ago, about 6,800 children were detained by United
States immigration authorities and placed in federal custody;
this year, as many as 90,000 children are expected to be
picked up. Around a quarter come from Honduras--more than
from anywhere else.
Children still leave Honduras to reunite with a parent, or
for better educational and economic opportunities. But, as I
learned when I returned to Nueva Suyapa last month, a vast
majority of child migrants are fleeing not poverty, but
violence. As a result, what the United States is seeing on
its borders now is not an immigration crisis. It is a refugee
crisis.
Gangs arrived in force in Honduras in the 1990s, as 18th
Street and Mara Salvatrucha

[[Page 13735]]

members were deported in large numbers from Los Angeles to
Central America, joining homegrown groups like Los Puchos.
But the dominance in the past few years of foreign drug
cartels in Honduras, especially ones from Mexico, has
increased the reach and viciousness of the violence. As the
United States and Colombia spent billions of dollars to
disrupt the movement of drugs up the Caribbean corridor,
traffickers rerouted inland through Honduras, and 79 percent
of cocaine-smuggling flights bound for the United States now
pass through there.
Narco groups and gangs are vying for control over this
turf, neighborhood by neighborhood, to gain more foot
soldiers for drug sales and distribution, expand their
customer base, and make money through extortion in a country
left with an especially weak, corrupt government following a
2009 coup.
Enrique's 33-year-old sister, Belky, who still lives in
Nueva Suyapa, says children began leaving en masse for the
United States three years ago. That was around the time that
the narcos started putting serious pressure on kids to work
for them. At Cristian's school, older students working with
the cartels push drugs on the younger ones--some as young as
6. If they agree, children are recruited to serve as
lookouts, make deliveries in backpacks, rob people and extort
businesses. They are given food, shoes and money in return.
Later, they might work as traffickers or hit men.
Teachers at Cristian's school described a 12-year-old who
demanded that the school release three students one day to
help him distribute crack cocaine; he brandished a pistol and
threatened to kill a teacher when she tried to question him.
At Nueva Suyapa's only public high school, narcos ``recruit
inside the school,'' says Yadira Sauceda, a counselor there.
Until he was killed a few weeks ago, a 23-year-old
``student'' controlled the school. Each day, he was checked
by security at the door, then had someone sneak his gun to
him over the school wall. Five students, mostly 12- and 13-
year-olds, tearfully told Ms. Sauceda that the man had
ordered them to use and distribute drugs or he would kill
their parents. By March, one month into the new school year,
67 of 450 students had left the school.
Teachers must pay a ``war tax'' to teach in certain
neighborhoods, and students must pay to attend.
Carlos Baquedano Sanchez, a slender 14-year-old with hair
sticking straight up, explained how hard it was to stay away
from the cartels. He lives in a shack made of corrugated tin
in a neighborhood in Nueva Suyapa called El Infiernito--
Little Hell--and usually doesn't have anything to eat one out
of every three days. He started working in a dump when he was
7, picking out iron or copper to recycle, for $1 or $2 a day.
But bigger boys often beat him to steal his haul, and he quit
a year ago when an older man nearly killed him for a coveted
car-engine piston. Now he sells scrap wood.
But all of this was nothing, he says, compared to the
relentless pressure to join narco gangs and the constant
danger they have brought to his life. When he was 9, he
barely escaped from two narcos who were trying to rape him,
while terrified neighbors looked on. When he was 10, he was
pressured to try marijuana and crack. ``You'll feel better.
Like you are in the clouds,'' a teenager working with a gang
told him. But he resisted.
He has known eight people who were murdered and seen three
killed right in front of him. He saw a man shot three years
ago and still remembers the plums the man was holding rolling
down the street, coated in blood. Recently he witnessed two
teenage hit men shooting a pair of brothers for refusing to
hand over the keys and title to their motorcycle. Carlos hit
the dirt and prayed. The killers calmly walked down the
street. Carlos shrugs. ``Now seeing someone dead is
nothing.''
He longs to be an engineer or mechanic, but he quit school
after sixth grade, too poor and too afraid to attend. ``A lot
of kids know what can happen in school. So they leave.''
He wants to go to the United States, even though he knows
how dangerous the journey can be; a man in his neighborhood
lost both legs after falling off the top of a Mexican freight
train, and a family friend drowned in the Rio Grande. ``I
want to avoid drugs and death. The government can't pull up
its pants and help people,'' he says angrily. ``My country
has lost its way.''
Girls face particular dangers--one reason around 40 percent
of children who arrived in the United States this year were
girls, compared with 27 percent in the past. Recently three
girls were raped and killed in Nueva Suyapa, one only 8 years
old. Two 15-year-olds were abducted and raped. The kidnappers
told them that if they didn't get in the car they would kill
their entire families. Some parents no longer let their girls
go to school for fear of their being kidnapped, says Luis
Lopez, an educator with Asociacion Compartir, a nonprofit in
Nueva Suyapa.
Milagro Noemi Martinez, a petite 19-year-old with clear
green eyes, has been told repeatedly by narcos that she would
be theirs--or end up dead. Last summer, she made her first
attempt to reach the United States. ``Here there is only
evil,'' she says. ``It's better to leave than have them kill
me here.'' She headed north with her 21-year-old sister, a
friend who had also been threatened, and $170 among them. But
she was stopped and deported from Mexico. Now back in Nueva
Suyapa, she stays locked inside her mother's house. ``I hope
God protects me. I am afraid to step outside.'' Last year,
she says, six minors, as young as 15, were killed in her
neighborhood. Some were hacked apart. She plans to try the
journey again soon. Asking for help from the police or the
government is not an option in what some consider a failed
state. The drugs that pass through Honduras each year are
worth more than the country's entire gross domestic product.
Narcos have bought off police officers, politicians and
judges. In recent years, four out of five homicides were
never investigated. No one is immune to the carnage. Several
Honduran mayors have been killed. The sons of both the former
head of the police department and the head of the national
university were murdered, the latter, an investigation
showed, by the police.
``You never call the cops. The cops themselves will
retaliate and kill you,'' says Henry Carias Aguilar, a pastor
in Nueva Suyapa. A majority of small businesses in Nueva
Suyapa have shuttered because of extortion demands, while
churches have doubled in number in the past decade, as people
pray for salvation from what they see as the plague predicted
in the Bible. Taxis and homes have signs on them asking God
for mercy.
The United Nations High Commissioner for Refugees recently
interviewed 404 children who had arrived in the United States
from Honduras, El Salvador, Guatemala and Mexico; 58 percent
said their primary reason for leaving was violence. (A
similar survey in 2006, of Central American children coming
into Mexico, found that only 13 percent were fleeing
violence.) They aren't just going to the United States: Less
conflicted countries in Central America had a 712 percent
increase in asylum claims between 2008 and 2013.
``If a house is burning, people will jump out the window,''
says Michelle Brane, director of the migrant rights and
justice program at the Women's Refugee Commission.
To permanently stem this flow of children, we must address
the complex root causes of violence in Honduras, as well as
the demand for illegal drugs in the United States that is
fueling that violence.
In the meantime, however, we must recognize this as a
refugee crisis, as the United Nations just recommended. These
children are facing threats similar to the forceful
conscription of child soldiers by warlords in Sudan or during
the civil war in Bosnia. Being forced to sell drugs by narcos
is no different from being forced into military service.
Many Americans, myself included, believe in deporting
unlawful immigrants, but see a different imperative with
refugees.
The United States should immediately create emergency
refugee centers inside our borders, tent cities--operated by
the United Nations and other relief groups like the
International Rescue Committee--where immigrant children
could be held for 60 to 90 days instead of being released.
The government would post immigration judges at these centers
and adjudicate children's cases there.
To ensure this isn't a sham process, asylum officers and
judges must be trained in child-sensitive interviewing
techniques to help elicit information from fearful,
traumatized youngsters. All children must also be represented
by a volunteer or government-funded lawyer. Kids in Need of
Defense, a nonprofit that recruits pro bono lawyers to
represent immigrant children and whose board I serve on,
estimates that 40 percent to 60 percent of these children
potentially qualify to stay under current immigration laws--
and do, if they have a lawyer by their side. The vast
majority do not. The only way to ensure we are not hurtling
children back to circumstances that could cost them their
lives is by providing them with real due process.
Judges, who currently deny seven in 10 applications for
asylum by people who are in deportation proceedings, must
better understand the conditions these children are facing.
They should be more open to considering relief for those
fleeing gang recruitment or threats by criminal organizations
when they come from countries like Honduras that are clearly
unwilling or unable to protect them.
If many children don't meet strict asylum criteria but face
significant dangers if they return, the United States should
consider allowing them to stay using humanitarian parole
procedures we have employed in the past, for Cambodians and
Haitians. It may be possible to transfer children and
resettle them in other safe countries willing to share the
burden. We should also make it easier for children to apply
as refugees when they are still in Central America, as we
have done for people in Iraq, Cuba, countries in the former
Soviet Union, Vietnam and Haiti. Those who showed a well-
founded fear of persecution wouldn't have to make the
perilous journey north alone.
Of course, many migrant children come for economic reasons,
and not because they fear

[[Page 13736]]

for their lives. In those cases, they should quickly be
deported if they have at least one parent in their country of
origin. By deporting them directly from the refugee centers,
the United States would discourage future non-refugees by
showing that immigrants cannot be caught and released, and
then avoid deportation by ignoring court orders to attend
immigration hearings.
Instead of advocating such a humane, practical approach,
the Obama administration wants to intercept and return
children en route. On Tuesday the president asked for $3.7
billion in emergency funding. Some money would be spent on
new detention facilities and more immigration judges, but the
main goal seems to be to strengthen border control and speed
up deportations. He also asked Congress to grant powers that
could eliminate legal protections for children from Central
America in order to expedite removals, a change that
Republicans in Congress have also advocated.
This would allow life-or-death decisions to be made within
hours by Homeland Security officials, even though studies
have shown that border patrol agents fail to adequately
screen Mexican children to see if they are being sexually
exploited by traffickers or fear persecution, as the agents
are supposed to do. Why would they start asking Central
American children key questions needed to prove refugee
status?
The United States expects other countries to take in
hundreds of thousands of refugees on humanitarian grounds.
Countries neighboring Syria have absorbed nearly 3 million
people. Jordan has accepted in two days what the United
States has received in an entire month during the height of
this immigration flow--more than 9,000 children in May. The
United States should also increase to pre-9/11 levels the
number of refugees we accept to 90,000 from the current
70,000 per year and, unlike in recent years, actually admit
that many.
By sending these children away, ``you are handing them a
death sentence,'' says Jose Arnulfo Ochoa Ochoa, an expert in
Honduras with World Vision International, a Christian
humanitarian aid group. This abrogates international
conventions we have signed and undermines our credibility as
a humane country. It would be a disgrace if this wealthy
nation turned its back on the 52,000 children who have
arrived since October, many of them legitimate refugees.
This is not how a great nation treats children.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.

Parliamentary Inquiries

Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I have a parliamentary
inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, again, if there is
discretion that can be shared, that was directly from the article that
I asked to be entered into the Record. On many occasions I have been on
this floor and been part of many debates in the 5 years I have been
honored to serve with the Congress and have used the exact same
approach and have never been charged. Is there any discretion that the
Speaker can give us direction on?
The SPEAKER pro tempore. The Chair is exercising his discretion as
the Chair has said previously. The Chair has discretion in this matter.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I have a further
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, with that being said to
debate, even though the same practices are used by Members, rulings can
change by the Chair on this particular issue?
The SPEAKER pro tempore. The Chair does have discretion. The guidance
has been to confine the request to a simple declaratory statement of
the Member's attitude toward the pending measure.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, for clarification, that
is exactly what I did, which is I read a statement from the article.
I am confused, Mr. Speaker. I am just maybe a junior Member from a
small farm in New Mexico, but it seems that if I am reading from the
article directly, that I don't appear to be violating any rules to be
charged time.
The SPEAKER pro tempore. Embellishments or statements on other
matters are debate and will be charged to the manager.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I have a further
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, this was not an
embellishment. This was a direct quote from the article. It appears to
me that my understanding of an embellishment are my own words being
added.
The SPEAKER pro tempore. The Chair has advised that embellishments or
statements on other matters are debate and will be charged.
Mr. POLIS. Mr. Speaker, I thank the gentleman from New Mexico for
submitting that powerful testimony.
I yield to the gentlewoman from Illinois (Ms. Schakowsky) for the
purpose of a unanimous consent request.
Ms. SCHAKOWSKY. Mr. Speaker, I enter into the Record the story of a
17-year-old girl who fled her country with her 2-year-old daughter to
escape constant physical and sexual abuse from the baby's father.

[From the National Immigrant Justice Center]

Lauren, a 17-year old, fled the country with her 2-year old
daughter due to constant physical, sexual and verbal abuse
from the baby's father. While in DHS custody, Lauren and her
baby were held in two ``hieleras'' for a total of six days
without adequate food and warmth.
Lauren is a 17-year-old who came to the United States with
her two-year-old daughter, Charise. Charise's father, Juan,
was physically and verbally abusive. He has hit, choked, and
raped Lauren and threatened to kill her and take their baby.
Lauren fled to the United States with Charise to live with
her parents and U.S.-citizen sister. While in DHS custody,
both Lauren and her baby were held in two ``hieleras'' for
about six days total. Lauren had to use her own clothing to
keep Charise warm because DHS only gave her an emergency
mylar blanket for Charise, despite the cold. Lauren slept on
the floor of her cell with Charise in between her legs. DHS
gave Charise two small burritos to eat each day, and gave
Lauren a piece of bread with deli meat and an apple twice a
day. When she asked for more food for her baby, who was
hungry and cold, DHS told Lauren there wasn't any more food
available.

Mr. POLIS. Mr. Speaker, I yield to the gentlewoman from California
(Ms. Chu) for the purpose of a unanimous consent request.
Ms. CHU. Mr. Speaker, I enter into the Record the story of a 15-year-
old Salvadoran boy whose body was found in a plastic bag with his hands
and feet bound.

[From La Pagina, June 25, 2014]

Burn Bus Route 177 in Tecoluca After Assaulting Passenger

(By Maribel Montenegro and Carlos Hernandez)

A bus route 177 was intercepted by at least 8 heavily armed
men, forcing passengers to surrender their belongings and
then burned them down the unit, police said.
According to reports, the incident occurred in the village
of Las Pampas, on the road that leads to San Vicente
Zacatecoluca Tecoluca in the jurisdiction of the department
of San Vicente.
Police said the fire was set and the place has became a
unit of the Fire Department to extinguish the flames of the
unit was completely destroyed.
Depending on the version of the automotive PNC was off
course forcing it to penetrate into the community Las Pampas,
where 20 passengers were assaulted. The authorities say they
are on the trail of the perpetrators.
He also said that he reported no casualties, only material
damage.

Resume, Resume

The body of an unknown man was found this morning in the
subdivision Istepec, Canton El Cerrito, the, in the
department of Sonsonate municipality Nahuizalco. Police said
the incident occurred the night before and do not know the
motives of the crime that was committed with knives.

Resume, Resume

A 16 year old girl was killed by multiple gunshot wounds
that caused unknown subjects while walking on the 3rd km of
the Pan American Highway, in the jurisdiction of the
municipality of El Carmen, department of Cuscatlan.
The victim was identified as Adonis Hernandez, according to
the PNC disappeared yesterday. So far the police said he was
unaware if the victim had any connection with gang groups.

Colon, La Libertad

The body of a 15 year old boy was found is tied hand and
foot in a plastic bag that was abandoned in Lourdes, Colon,
La Libertad morning.
The victim was identified as Ivan N., who was kidnapped
last week in La Libertad.
According to the PNC, the young man had at least 36 hours
have passed.

[[Page 13737]]

Resume

A young man was killed last night near the resort Spain,
CV.
According to authorities, the victim, identified as Brandon
Ch, was attacked and killed by unknown assailants who left
him seriously injured so he had to be rushed to a hospital
emergency where he died in surgery.

San Salvador

The woman, identified as Marlene Rivas, was wounded with a
knife this morning in the vicinity of San Jose San Salvador
park.
According to police, the woman resisted being assaulted by
a homeless man, who reacted violently and caused a wound in
the neck.
The victim had to take shelter in a supermarket in the
area, where Rosales was taken to hospital.

Mercedes Umana, Usulutan

A gang Mara Salvatrucha, was murdered in Canton The
Caulote, Mercedes Umana, Usulutan.
The victim was identified as Fredy Mejia, 17, who
authorities say was attacked by two gang Barrio 18 traveling
on a motorcycle.

Gardens Seltsut Resume

A trader was shot to death at night in the Garden Colony
Selsut, Ilopango, San Salvador.
The victim was identified as Jorge Mario Arteaga, 53, who
was killed by gang members for refusing to pay extortion,
according to PNC.

New Guadalupe, San Miguel

A man who was deported from the United States months ago
was killed Tuesday evening in Freedom Colony, New Guadalupe
in San Miguel.
The victim was identified as Adilio Quintanilla, 41, who
had multiple gunshot wounds in the body. The authorities know
the motive for the attack.

Canton Plans Concepcion, La Paz

A man was killed in the canton Plans Concepcion, La Paz.
The victim was identified as Carlos Palma, 47, who was shot
at by unknown persons. Attack the causes are unknown.

San Martin

A blind seniors tonight was killed by gang members in the
neighborhood of Las Mercedes and Santa Teresa Street Project,
San Martin.
The victim was identified only as Francisco and authorities
said he was about 70 years. The old man died at the scene
after being shot several times.
According to the PNC, the man was hit by bullets when the
gang tried to assassinate some people who were inside a
vehicle on the street entered Project, Las Mercedes
neighborhood.
Subjects discharged a burst of lead impacted the blind who
could not dodge bullets due to its limitation. After
committing the fact, the gang fled in an unknown direction.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.

{time} 1015

Mr. POLIS. Mr. Speaker, I further yield to the gentleman from
California (Mr. Cardenas) for the purpose of a unanimous consent
request.
Mr. CARDENAS. Mr. Speaker, I will enter into the Record the story of
an 18-year-old Mexican boy who was trafficked into the United States
and held by the U.S. Marshals Service so he could testify as a material
witness to some deaths that he witnessed.

Juan Antonio is an 18-year-old Mexican UAC. He fled severe
cartel and criminal gang violence in his home town. His
uncle, cousin, and several family members were killed before
he fled from Mexico. He was trafficked to the US and
initially in the US Marshals custody to testify as a material
witness before being turned over to ICE and released to ORR
because he was a minor.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.
Mr. POLIS. Mr. Speaker, I further yield to the gentlewoman from
California (Ms. Lee) for the purpose of a unanimous consent request.
Ms. LEE of California. Mr. Speaker, I will enter into the Record the
story of a 12-year-old girl who was trafficked for sex and labor,
escaped slavery with her baby, and received a T visa in the United
States.

Lutheran Immigration and Refugee Service: Voices of Central American
Youth--Why They Are Fleeing Their Countries

Background on the Humanitarian Crisis in Central America

Since the Fall of 2011, prior to the President's
announcement of DACA, Customs and Border Protection (CBP)
started apprehending significantly more unaccompanied minors
from Central America. ORR promptly started to open more
shelters and detention sites for these children.
Updated data from the UNHCR, has shown a 712% increase in
asylum requests in Mexico, Panama, Nicaragua, Costa Rica and
Belize by nationals from El Salvador, Guatemala and Honduras.
ORR has reported a significant increase in both younger
children and girls coming.
Maria a 12 year old girl from Central America was
trafficked for labor and sex, she fled with her baby to
escape slavery. Maria was 12 years old, when she was
kidnapped at gunpoint and taken to a home where she was held
captive. She was beaten and raped on an almost daily basis
and eventually forced into prostitution. Because of this she
became pregnant and gave birth to a girl while captive. Maria
fled with her child, riding on top of trains so that they
might escape the sexual bondage. Maria ended up qualifying
for a T-visa and is currently doing well. She has now
graduated high school.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.
Mr. POLIS. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Farr), the ranking member of the Appropriations
Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies.
Mr. FARR. Mr. Speaker, I stand today in the well to appeal to my
Republican colleagues about this debate, which isn't about the
underlying bill, it is about the rule. You ought to all be worried. We
all ought to be worried. This rule is a sham to the institution of
Congress.
I am an appropriator, and I am proud to do that. We respect the
jurisdiction of all other committees. That is why we have standing
committees. We don't do their business.
This rule ignores all the standing committees in Congress. This rule
says you can write a bill in the darkness of night. Nobody has read it.
No Republicans read it, no Democrats read it. You can pick it up in the
hallway here. I read it this morning.
The rule waives all points of opposition, which we say in this rule,
``All points of order against consideration of the bill are waived.''
All points--that means all the ideas of all the committees that are
supposed to be writing these bills. Nobody is going to be thanked if
they vote for this. First of all, nobody is going to thank you for
voting for the rule because it does so many things that misjudge the
purpose of Congress, misappropriate the purposes of Congress, which is
to have transparency and allow people to get into the debate.
Nobody who understands the problem in the embassies of the host
country was able to testify. Nobody in the administration who deals
with the border was able to testify. No Member of Congress who has some
knowledge about this was able to testify. This bill says: So what? We
wrote the bill, and you just have to accept it, and if you any
objections, we waive all those points of orders.
So the rule does a disservice to Congress, and it ought to be
rejected.
Secondly, on the bill, when you get to it, if it isn't rejected--
first of all, if we reject the rule, nothing is broken. We can fix it.
We can make it better because no own is going to thank you for voting
for this.
Just to show you how outrageous it is, it says to the host countries
that: we are going to give you money, but you have 15 days to convene
your legislatures and enact legislation, secure your borders, and make
sure everything is secure.
You couldn't do that in Washington in 15 days, much less essentially
Third World countries. There are all kinds of provisions in here that
don't make any sense and don't help fix anything that is broken, and
for all the testimony you have just heard, there are a lot of other
things that need to be addressed that aren't in this bill.
So my colleagues on both sides of the aisle, the best thing we can do
to respect this institution is to reject this rule and vote ``no.''
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
I have a great deal of respect for my friend from the Appropriations
Committee. He is an excellent legislator and tremendous Member.
I am, though, going to point out the record of the Democratic
majority the last time they were here and in control of what happened
on the floor.
In the 111th Congress, the final 2 years of Representative Pelosi's
time

[[Page 13738]]

as Speaker, the House never considered a single bill under an open
rule--not one bill. That is the definition of a closed process.
Under Republican control, the House has returned to consideration of
appropriations bills under an open process, with 22 open rules. We had
no open rules on appropriations when my friends were in the majority.
This year alone, the House has considered 404 amendments during the
appropriations process, and 189 of them offered were by our friends on
the other side.
When you actually compare the record overall, frankly, I think the
comparison is much to the advantage of Republicans. So we are trying to
deal with complex issues in a relatively short period of time.
I know the Congress will be back in session in September. We will be
working on the appropriations process in the lameduck again, so there
are going to be ample legislative opportunities, but we are in a crisis
situation, which we are in this case.
We are trying to respond thoughtfully and expeditiously. We are
trying to put resources toward the problem. We are trying to get at the
core of the problem, which the administration itself a month ago
identified as a 2008 law, but has now offered absolutely no suggestions
how to fix.
So we have not tried to repeal it. We have tried to tweak it and
address the problem. If my friends have a better solution, we would
love to hear it, but we haven't heard it. Instead, we have been told
the 2008 law caused the problem, but you can't change the law. That
seems to me both politically and intellectually indefensible.
We are going to continue to try to solve the problem that has been
identified by the administration. At some point, we hope they will join
us in trying to actually correct the problem that they say exists.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, for the purpose of a unanimous consent
request, I yield to the gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Speaker, I enter into the Record the story of two
Honduran brothers who were tortured and murdered by gang members in San
Pedro Sula, the murder capital of the world.
Mr. Speaker, how we treat our children speaks to the character of our
Nation.

[From The New York Times, July 9, 2014]

Fleeing Gangs, Children Head to U.S. Border

(By Frances Robles)

San Pedro Sula, Honduras--Anthony O. Castellanos
disappeared from his gang-ridden neighborhood on the eastern
edge of Honduras's most dangerous city, so his younger
brother, Kenneth, hopped on his green bicycle to search for
him, starting his hunt at a notorious gang hangout known as
the ``crazy house.''
They were found within days of each other, both dead.
Anthony, 13, and a friend had been shot in the head; Kenneth,
7, had been tortured and beaten with sticks and rocks. They
were among seven children murdered in the La Pradera
neighborhood of San Pedro Sula in April alone, part of a
surge in gang violence that is claiming younger and younger
victims.
The killings are a major factor driving the recent wave of
migration of Central American children to the United States,
which has sent an unprecedented number of unaccompanied
minors across the Texas border. Many children and parents say
the rush of new migrants stems from a belief that United
States immigration policy offers preferential treatment to
minors, but in addition, studies of Border Patrol statistics
show a strong correlation between cities like San Pedro Sula
with high homicide rates and swarms of youngsters taking off
for the United States.
``The first thing we can think of is to send our children
to the United States,'' said a mother of two in La Pradera,
who declined to give her name because she feared gang
reprisals. ``That's the idea, to leave.''
Honduran children are increasingly on the front lines of
gang violence. In June, 32 children were murdered in
Honduras, bringing the number of youths under 18 killed since
January of last year to 409, according to data compiled by
Covenant House, a youth shelter in Tegucigalpa, the capital.
With two major youth gangs and more organized crime
syndicates operating with impunity in Central America,
analysts say immigration authorities will have a difficult
time keeping children at home unless the root causes of
violence are addressed.
In 2012, the number of murder victims ages 10 to 14 had
doubled to 81 from 40 in 2008, according to the Violence
Observatory at the National Autonomous University of
Honduras. Last year, 1,013 people under 23 were murdered in a
nation of eight million.
Although homicides dropped sharply in 2012 after a gang
truce in neighboring El Salvador, so far this year murders of
children 17 and under are up 77 percent from the same time
period a year ago, the police said.
Nowhere is the flow of departures more acute than in San
Pedro Sula, a city in northwestern Honduras that has the
world's highest homicide rate, according to United Nations
figures.
Between January and May of this year, more than 2,200
children from the city arrived in the United States,
according to Department of Homeland Security statistics, far
more than from any other city in Central America.
More than half of the top 50 Central American cities from
which children are leaving for the United States are in
Honduras. Virtually none of the children have come from
Nicaragua, a bordering country that has staggering poverty,
but not a pervasive gang culture or a record-breaking murder
rate. ``Everyone has left,'' Alan Castellanos, 27, the uncle
of Anthony and Kenneth, said in an interview in late May.
``How is it that an entire country is being brought to its
knees?''
He said the gangs operated with total impunity. ``They
killed all those kids and nobody did anything about it,'' Mr.
Castellanos said. ``When prosecutors wanted to discuss the
case, they asked us to meet at their office, because they
were afraid to come here. If they were afraid, imagine us.''
The factors pushing children to migrate vary, according to
an analysis of their home cities by the Department of
Homeland Security.
The Guatemalan children who arrive in the United States are
more often from rural areas, suggesting their motives are
largely economic. The minors from El Salvador and Honduras
tend to come from extremely violent regions ``where they
probably perceive the risk of traveling alone to the U.S.
preferable to remaining at home,'' the analysis said.
``Basically, the places these people are coming from are
the places with the highest homicide rates,'' said Manuel
Orozco, a senior fellow at the Inter-American Dialogue, a
Washington-based research group. ``The parents see gang
membership around the corner. Once your child is forced to
join, the chances of being killed or going to prison is
pretty high. Why wait until that happens?''
A confluence of factors, including discounted rates charged
by smugglers for families, helped ignite the boom, he said.
Children are killed for refusing to join gangs, over
vendettas against their parents, or because they are caught
up in gang disputes. Many activists here suggest they are
also murdered by police officers willing to clean up the
streets by any means possible.
In the case of the Castellanos family, the police said the
older boy was a lookout for the gang and had decided to quit.
The order to kill him, the police said, came from prison.
Several arrests have been made. Hector A. Medina, 47, who
the police said lived at an abandoned house controlled by the
18th Street gang, where Kenneth was killed, was charged in
the boys' deaths. ``It's a serious social problem: any
children born in this neighborhood are going to get involved
in a gang,'' said Elvin Flores, a police inspector in charge
of La Pradera. ``Our idea is to lower crime every day. We
need a state policy to involve kids from when they are little
to go to school.''
But gangs, which rob, sell drugs locally, kidnap people and
extort money from businesses, often recruit new members at
schools.
In some cities, blocks are empty because gangs demanding
extortion payments have forced out homeowners. Many people
have had to move within the country in a displacement pattern
that experts liken to the one seen in Colombia's civil war.
The office of the United Nations High Commissioner for
Refugees said that from 2008 to 2013, the number of asylum
claims filed in Mexico, Panama, Nicaragua, Costa Rica and
Belize increased sevenfold.
Most were from people of Guatemala, El Salvador and
Honduras, the three nations with large numbers of migrants
now arriving at the United States border.
Refugee advocacy organizations have urged the State
Department to treat the children arriving at the United
States border as refugees, and proposed a processing system
where asylum claims could be reviewed in Central America and
those accepted could move safely to the United States or
countries willing to accept them, as was done in countries
such as Haiti and Iraq. They have not yet received a
response, the United States Conference of Catholic Bishops
said.
President Obama urged Congress on Wednesday night to pass a
$3.7 billion budget supplement that would, among other
things, beef up border security, hasten deportations and help
Central American nations address security problems. ``The
best thing we can do is make sure the children can live in
their own countries, safely,'' he said.

[[Page 13739]]

During a recent late-night visit to the San Pedro Sula
morgue, more than 60 bodies, all victims of violence, were
seen piled in a heap, each wrapped in a brown plastic bag.
While picking bullets out of a 15-year-old boy shot 15 times,
technicians discussed how they regularly received corpses of
children under 10, and sometimes as young as 2.
Last week, in nearby Santa Barbara, an 11-year-old had his
throat slit by other children, because he did not pay a 50-
cent extortion fee.
``At first we saw a lot of kids who were being killed
because when the gang came for their parents, they happened
to be in the car or at the location with them,'' said Dr.
Darwin Armas Cruz, a medical examiner who works the overnight
shift. ``Now we see kids killing kids. They kill with guns,
knives and even grenades.''
Dr. Armas said his family was thinking of migrating, too.

Correction: July 11, 2014

Because of an editing error, an article on Thursday about
the murderous gang violence in Honduras that is a factor in
the recent wave of migration of Central American children to
the United States misstated the amount of money that
President Obama has requested from Congress to address the
problem. It is $3.7 billion, not more than $4 billion.

The SPEAKER pro tempore. The time of the gentleman from Colorado will
be charged.
Mr. POLIS. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Hinojosa), the chair of the Hispanic Caucus and the ranking
member on the Education and Workforce Subcommittee on Higher Education
and Workforce Training.
Mr. HINOJOSA. Mr. Speaker, as chairman of the Congressional Hispanic
Caucus, I rise in opposition to H.R. 5230 and the underlying rule.
I represent McAllen, Texas, which has been the epicenter for this
humanitarian crisis. For years, my Republican colleagues have been
ignoring the problems caused by their inaction on immigration reform.
They have cut funding for immigration judges, so that people wait years
to have their cases heard.
They have cut funding to help the countries of Central America deal
with the internal problems causing their children to flee. The
Republican solution has always been more walls and fences and more
soldiers to militarize the border.
I live on that border of Texas and Mexico, and I know that their
enforcement-only approach is not working because it doesn't address the
root cause of immigration. It has been economically devastating to
border communities who vainly try to persuade companies to move their
plants and factories to our region to create jobs and bring us out of
poverty that is the highest in the Nation.
Our veterans suffer because the VA can't get doctors to move to the
border. All these companies and doctors hear is that the border is a
war zone flooded with dangerous immigrants. That is not the border I
know. My border home is a vibrant, educated, fast-growing, culturally
diverse, welcoming region. I am proud of how we have embraced these
children and families.
We are now voting once again to militarize our border, deny children
legal representation and due process, and providing little help to
Central America. We are not fixing the problem, and I urge my
colleagues to oppose the rule and this bill.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
Just a few correctives, if I may. We are actually putting in
additional resources. We haven't cut resources. It is the President's
budget that cut resources. It cut detention beds, enforcement, and aid
to the countries in Central America that are dealing with this problem.
That is the President's budget.
Those things were all corrected in the Foreign Operations budget that
has not yet reached the floor, but has been passed by the full
Appropriations Committee.
I am going to disagree with my friends on the other side that this
has anything to do with comprehensive immigration reform. Quite
frankly, it does not. It is a border crisis. It has nothing to do with
this legislation.
The root cause of the problem here are criminals who go back and tell
people: if you pay money and subject yourself to a dangerous journey
and we get you to the United States, you will be able to stay. That is
who is at fault here. That is where the focus ought to be.
When my friends point to specific cases, I always point out, number
one, we have an avenue called the United States Embassy. In the
country, you can go and plead refugee status there. You don't have to
travel 1,000 or 2,000 miles across very dangerous country. You simply
afford yourself of the available opportunities.
Finally, in the President's judgment, most of these children will be
returned. That is the President's judgment. Frankly, I think he made
that judgment, trying to discourage what is happening now. That is
precisely what we are trying to do in this piece of legislation.
So I think there is a lot of passion, and it is appropriate because
there are some heartwrenching cases, but there is also a lot of
political theater here. The reality is, again, most of these children,
according to the President, will be returned.
The quicker that can happen, the less likely it is that other
children will follow them and be subjected to a very dangerous journey.
That is what we are trying to achieve. We are going to try to do that
in this measure today, but we invite our friends to work with us as we
go forward, as I suspect that we will.
Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 1 minute to the gentleman from New
Mexico (Mr. Ben Ray Lujan).
Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, last week, we were part
of a conversation and debate around strengthening antihuman trafficking
laws. We all came to this floor, and Democrats and Republicans found a
way to talk to one another and talk to the American public about what
we should do to protect these children that are in harm's way, not just
fleeing street violence, but being brutally murdered and raped, Mr.
Speaker.
This week, what my Republican colleagues are doing is coming out of a
conference and weakening antihuman trafficking laws.
Mr. Speaker, at this point, all I can say is God help this Congress
if it is now our policy to weaken human trafficking laws. It is a sad,
sad day, Mr. Speaker, and I certainly hope that my colleagues take a
chance to look at this and look into their hearts and pray on that and
come to the floor and do the right thing.
Mr. COLE. Mr. Speaker, I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Thompson), the distinguished ranking member on the
Committee on Homeland Security.
Mr. THOMPSON of Mississippi. I thank the gentleman from Colorado for
yielding.
Mr. Speaker, I rise in strong opposition to H. Res. 696. This rule
would provide for consideration of a supplemental appropriations bill
that clearly demonstrates its Republican authors either have no idea
what is needed to address the current situation at the border, or they
are more concerned with scoring political points than making public
policy.
The resources provided under the bill are both inadequate to provide
the necessary humanitarian relief and misdirected toward so-called
border security efforts that are unlikely to have any real effect on
the number of unlawful border crossings.
For example, deploying the National Guard to the border when children
and families are already running to the Border Patrol agents is a waste
of taxpayer money; instead, we should be providing the Border Patrol
with the funding necessary to move additional experienced agents to the
Rio Grande Valley, which is what their leadership has indicated they
need.
This misguided bill has also included provisions to undermine due
process for unaccompanied children, many of whom are refugees fleeing
terrible violence in their home countries.
Mr. Speaker, we are better than this as a Congress and as a Nation. I
urge my colleagues to oppose this rule and the underlying supplemental.

[[Page 13740]]

Mr. COLE. Mr. Speaker, I yield 1 minute to my colleague, the
distinguished Member from Texas (Mr. Culberson).

{time} 1030

Mr. CULBERSON. Mr. Speaker, the heartbreaking stories my colleagues
are telling about these young people coming across the border and being
exploited and hurt and injured just confirm the wisdom of the approach
the Republicans have taken to this problem based on common sense and
long experience. It is called law enforcement. This is not complicated.
In order to protect these kids, protect the people of the United
States, protect the communities along the border, we believe strongly
in enforcing the existing law and in ensuring that the people of the
United States are protected against the lawlessness: the drug dealers,
the cartels, the smugglers, the gun runners who are coming across the
border and exploiting these kids.
This is not a complicated problem. It has worked for years in Texas.
We understand the border problem. It is simply a matter of law
enforcement. No nation can survive that doesn't secure its borders and
enforce its laws.
By enforcing the law and by bringing peace and quiet to the border,
you will also ensure that free trade--that legal trade back and forth
between Mexico, our biggest trading partner--can proceed as it should.
Laredo is the largest inland port in the United States, and in order
for businesses to do their jobs, they have got to have peace and quiet,
and that means law enforcement.
That is the Republican approach to this problem. Enforce the law.
Mr. POLIS. I would like to inquire if the gentleman from Oklahoma has
any remaining speakers.
Mr. COLE. I do not. I am prepared to close whenever my friend is.
Mr. POLIS. Mr. Speaker, I would like to inquire as to how much time
remains on both sides.
The SPEAKER pro tempore. The gentleman from Colorado has 6\3/4\
minutes remaining. The gentleman from Oklahoma has 4\1/2\ minutes
remaining.
Mr. POLIS. I would ask the gentleman from Oklahoma for the courtesy
that, if somebody else shows up on my side, I might further yield, but,
otherwise, I am prepared to close.
Mr. COLE. I would certainly do that for my friend.
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
The House Republican proposal includes a provision that would roll
back our bipartisan antihuman trafficking protections that have been in
place for 20 years and that were most recently reaffirmed unanimously
by Congress in 2008. This is a debate to maintain our due process laws
under the Trafficking Victims Protection Reauthorization Act of 2008,
which this bill strips, that help promote the safety of unaccompanied
minors.
According to the United Nations High Commissioner of Refugees, 58
percent of children fleeing to the U.S. from Honduras, Guatemala, El
Salvador, and Mexico may have valid claims to asylum or other legal
protections. Our existing laws ensure that these children receive due
process. Many of them are victims of human trafficking, of sexual
violence, or of other persecution, and they need to have the meaningful
opportunity under a law to present their protection claims before an
immigration judge. The underlying bill would, according to the UNHCR,
drastically weaken the due process protections by subjecting Central
American children to an inadequate screening process.
We have had our additional speaker arrive to offer our PQ, Mr.
Speaker; and if the House had taken up the Senate immigration reform
bill, the current influx of migrant children from Honduras, El
Salvador, and Guatemala may never have even become the humanitarian
crisis that is facing us today. That is why today, Mr. Speaker, I am
proud to give the House a second chance.
If we defeat the previous question, I will offer an amendment to the
rule to bring up H.R. 15, the Border Security, Economic Opportunity,
and Immigration Modernization Act, so the House can finally vote on a
broad, long-term solution to overhaul our country's immigration system
and to address the border crisis. At the same time, it addresses the
systemic causes rather than simply trying to apply Band-Aid, after
Band-Aid, after Band-Aid. The House will soon find there are not enough
Band-Aids made. We need to address the health of the patient.
To discuss our proposal, I yield 3 minutes to the gentleman from
Florida (Mr. Garcia).
Mr. GARCIA. I thank the gentleman from Colorado.
Mr. Speaker, I wish I could say this bill were a joke. This is far
worse than a joke. Not only does the underlying bill fail to provide
adequate funding to deal with the situation at hand, it flat out
ignores the root cause of the problem.
By tacking on a vote on the so-called ``No New DREAMERS Act,'' House
leadership is not just refusing to take action on immigration reform,
it is prohibiting the President from doing things to fix a broken
system. This is akin to watching a train crash or knowing that it is
going to crash and stoking the furnace more, making the damage greater.
They have no interest in fixing this crisis. They have no interest in
fixing the problem. They are playing politics with people's lives, and
they are playing politics with our Nation's economy.
This isn't a game. These are human beings. This is doing damage to
our country. If we are truly committed to tackling this crisis on the
southwest border and to ensuring a fair and efficient process for
dealing with these kids, we need to begin with comprehensive
immigration reform.
If the previous question is defeated, we will offer H.R. 15, the
House bipartisan comprehensive immigration bill. Only by fixing our
broken immigration system can we begin to better allocate the resources
where they are needed most.
My bill provides a path forward for people already here so that their
cases are no longer clogging our immigration courts and so that
immigration officials can spend their time going after those who wish
to do our Nation harm. It will provide green cards for thousands of
Hondurans and El Salvadorans who have languished for over a decade
under temporary status, and it adds the necessary due process
protection for children on the border.
A speaker on the side opposite brought up the issue of what caused
this. What was the straw that broke the camel's back? I will tell you
what the straw is. Some of these children have waited 5 years; some of
them have waited 8 years; and some of them have waited over a decade on
the promises of this Congress--and there is blame to go to both sides--
to have comprehensive immigration reform. Then the Speaker who had
promised earlier in the year to work with the President finally
announced there would be no comprehensive immigration reform. That was
the straw that broke the camel's back because 55 percent of these
children are coming to be with their families.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield the gentleman an additional 30 seconds.
Mr. GARCIA. Mr. Speaker, our country needs comprehensive immigration
reform, and the American people support comprehensive immigration
reform. There are enough votes in this House to pass comprehensive
immigration reform.
I ask my colleagues to vote against the previous question so that we
can finally consider comprehensive immigration reform.
Mr. POLIS. Mr. Speaker, I am prepared to close, and I yield myself
such time as I may consume.
In our last week--on our last day--before this House adjourns for a
5-week recess, we have an opportunity with Mr. Garcia's previous
question in that, if we can defeat the previous question, we can
actually address these issues with a bipartisan bill, H.R. 15,
comprehensive immigration reform, nearly identical to the Senate bill.
I am confident that, if this body passes that bill, Senate Majority
Leader Reid will promptly act on it and send it to the

[[Page 13741]]

President's desk so that we not only can address this border crisis but
can prevent future border crises from arising by securing our border
and restoring the rule of law to our Nation. The American people expect
this body to act in a way that is consistent with our values. We have
that opportunity today.
Mr. Speaker, I ask unanimous consent to insert the text of the
amendment in the Record, along with extraneous material, immediately
prior to the vote on the previous question to bring up H.R. 15, the
House's bipartisan immigration reform bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. POLIS. Mr. Speaker, I urge my colleagues to vote ``no'' and
defeat the previous question so this body--this House and this
Congress--can tackle immigration reform and restore the rule of law to
our country. I further encourage my colleagues to vote ``no'' on the
underlying bills.
I yield back the balance of my time.
Mr. COLE. Mr. Speaker, I yield myself the balance of my time.
I am going to differ with my friends, obviously, on a number of
important issues.
First, I think they, probably, without thinking it through, accused
us of wanting to roll back a human sex trafficking bill that passed
this body unanimously. Absolutely untrue. Nobody has any intention of
doing anything like that. It is the administration that said that
legislation--a loophole in it--is what caused this crisis. I would
dispute that, quite frankly.
I think what has caused it is, first and foremost, the President's
sending an unmistakable signal, a signal that may have been
misinterpreted that, if you manage to get to the United States, you are
going to be able to stay. He did that by unilaterally changing and
thwarting whole sections of our own immigration law, by doing things
that he, himself, had said a year before were unconstitutional. That
signal, I think, has been picked up by criminals and turned into a
message that has been directed at naive and vulnerable people, saying,
if you give us thousands of dollars, we will take you on this journey,
get you to the United States, and then you are going to be able to
stay.
When the President first addressed this problem--again, he was warned
in 2012 and 2013 by his own advisers that this might well happen--he
did not prepare for it. He submitted a budget that actually cut border
enforcement and that cut security aid to the Central American countries
so they could secure their own territory. When he finally dealt with
this, he said this 2008 law is part of the reason.
What this bill does is tweak it. It simply says we are going to treat
children coming from the affected areas, from noncontiguous countries,
in the same way we treat Mexican children. It has always been a
question as to whether or not we should have that distinction. There is
no particular reason why somebody from Central America should
automatically be treated differently than somebody from Mexico.
In addition, I will point out to my friends there is an easier way.
Just go to the American Embassy in the country, and if you have got
status that would qualify as refugee status, you can make your case
there. You don't have to pay thousands of dollars. You don't have to
subject yourself to a dangerous journey in the company of criminals.
The President, frankly, has said that this is an immigration issue. I
don't think it is. I think it is a border crisis, and I think it needs
to be dealt with that way. I think the record is, again, pretty clear
on this, and that is exactly what we are trying to do. We have acted on
a problem the President has identified.
When my friends express concern that the majority of these children
will be returned, number one, remember they are going to be returned to
the custody of their governments. They are going to be returned to the
people who are actually responsible for trying to take care of them
within their societies. Second, that is exactly what the President said
is going to happen. Those were his words. The overwhelming majority of
these young people will be returned. The quicker and the more humanely
and the more expeditiously we accomplish that, the fewer of them will
undertake this journey, and the fewer of these families will be conned
out of their money. You are not doing the next people a favor by not
dealing with the problem in front of us.
Mr. Speaker, in closing, this legislation continues this House's
commitment to govern and deal with crises before they become even
worse--the shortfall in the highway trust fund, for instance, in the
supplemental request. They are all things the American people expect us
to deal with before the August district work period. I would urge my
colleagues to support the rule and the underlying legislation.
Ms. JACKSON LEE. Mr. Speaker I rise to speak in strong opposition to
the Rule for H.R. 5230, a bill to make supplemental appropriations for
the fiscal year ending September 30, 2014 to address the humanitarian
crisis on our nation's southern border.
As a senior member of the House Committee on Homeland Security and
the Ranking Member on the Subcommittee on Border and Maritime Security,
I have visited the border and seen the children that this bill intends
to help.
This bill offers to little in funding to address the need that over
50 states are attempting to address by providing shelter and assistance
to the tens of thousands of unaccompanied minors who are now living in
our country.
This bill does too little to actually help the thousands of children
who are awaiting immigration hearings. They are victims of human
trafficking, sexual violence, and witnesses to murders as well as acts
of violence against other children who took that dangerous trek to the
United States.
We should be focused on learning what they know and what they
experienced to be sure the guilty are found and punished.
I offered, along with several other members of the House amendments
in attempts to improve the bill, but all were rejected by the Rules
Committee, which chose to place H.R. 5230 before the House in the form
of a closed rule.
The Jackson Lee Amendment would have authorized designated federal
agencies to reimburse State and local governments and private nonprofit
organizations for the costs incurred in providing psychological
counseling, housing, education, medicine and medical care, food and
water, clothes, personal hygiene and other in dispensable consumables,
other human services in response to the humanitarian crisis on the
Southwest Border.
This Congress has had the Senate's version of a Comprehensive
Immigration reform bill for nearly a year, without accomplishing the
task of taking up the issue and passing a House version.
Our nation's immigration system is broken and needs reform, but the
only attempt at addressing immigration into the United States is this
bill that is being presented as an appropriations bill.
H.R. 5230 is not an appropriations bill it is an immigration reform
bill, which covers the jurisdictions of the two committees I serve on--
the House Judiciary and Homeland Security Committees. Neither of these
committees were given the opportunity to hold hearings or make the
needed changes to the bill to make sure it conforms with long standing
policies relating to unaccompanied minor or issues related to refugees.
The Jackson Lee amendment would have helped nonprofits, local and
state governments in all of the 50 states who are now providing
assistance to the tens of thousands of unaccompanied minors within the
United States.
The message has gotten to families in El Salvador, Honduras, and
Guatemala. Parents are no longer sending their children to the United
States once they learned of the dangers and the prospects for their
children surviving the journey without becoming victims of human
trafficking.
Over two-thirds of the language in H.R. 5230 will make significant
changes in existing law or creates new law regarding immigration policy
without going through the committees of jurisdiction such as the House
Committees on Homeland Security, Judiciary, and Foreign Affairs.
H.R. 5230 contains too much language that is legislative such as:
The bill makes significant changes to 2008 trafficking victims
protection act. This change will subject all children to the initial
screening process that now applies only to children from Mexico and
Canada; erects a new expedited immigration court screening for any
children

[[Page 13742]]

who pass the initial screening; prohibits administrative appeals from
children ordered removed through the new expedited process; requires
detention of certain children who demonstrate a credible fear of
persecution throughout the pendency of their asylum proceedings;
establishes new, high burdens of proof; and sets up a principle of
``Last In, First Out'' in the adjudication process.
The bill prohibits the secretaries of the interior and agriculture
from impeding, denying, or restricting the activities of U.S. customs
and border protection on federal land located within 100 miles of the
U.S./Mexico border--This issue has already been addressed. Both
Interior and Agriculture have existing Memorandum of Understanding
(MOUs) with U.S. Customs and Border Protection and all these agencies,
as well as the GAO, have testified that these agreements are working
and that federal land management laws and activities do not impair
border security.
The bill provides too few emergency immigration judges--the bill only
requires the Department of Justice to designate up to 40 temporary
immigration judges within 14 days of enactment of this legislation.
Then the bill permits hiring of retired judges or magistrate judges, or
the reassignment of current immigration judges, to conduct expedited
hearings for unaccompanied alien children to try to meet the new
requirement that their cases be heard within 7 days of being screened
by DHS officials.
The bill undermines a long standing policy reparging asylum--H.R.
5230 Prohibits anyone believed to have been convicted outside the U.S.
of any drug-related offense punishable by a prison term of more than a
year from being granted asylum.
The bill makes the wrong decision on border security by sending the
national guard support for border operations--H.R. 5230 would deploy
National Guard under Title 32 Status. National Guard troops with this
change may be assigned duties as deemed necessary to provide assistance
in operations, with priority given to high traffic areas experiencing
the highest number of crossing by unaccompanied children.
The bill denies safe shelter to children through its sense of
congress--the states that the Secretary of Defense should not be
allowed to shelter unaccompanied children or other migrants unless
certain conditions are met.
These children have found the compassion and love of thousands of
Americans founds in the states of Texas, Alabama, Alaska, California,
Illinois, North Carolina, South Dakota, New York, Utah, Virginia and--
yes--even the U.S. Virgin Islands.
The nature of America is that of the Good Samaritan.
On July 3, 2014, I went to McAllen, Texas and observed a Customs and
Border Protection (CBP) facility where unaccompanied children were
being processed by the Border Patrol.
As I walked through the facility, I saw frightened and needy
children, some as young as five years old.
Mr. Speaker, some members of this body who have not taken the time to
visit the border or visit the children who are now in their own states
will stand before this body and accuse them of being dangerous--but
they are not.
They are traumatized and frightened children driven from their homes
by violence and inducements of these same gangs to get payments from
desperate parents seeking to save the lives of their children to bring
them to the United States.
These children had risked their lives to make their way to the U.S.
by riding atop freight trains through dangerous territories in Mexico.
One can only imagine the desperation and hopelessness that would prompt
a parent to send their young child on such a treacherous journey.
It takes courage and desperation to escape senseless violence and I
know that is what Cuban Americans faced, and Christians, Jews and all
other groups facing violence have endured.
These are refugees and their status requires that the United States
act appropriately.
Some may mention that the United States has a quota on refugees that
we can take each year and that number has been reached. The program
they refer to is for refugees that other nations around the world are
providing shelter--but if the refugees are crossing our own border
there is not limit.
This international law that the United State has backed for decades
and pressured other nations to enforce. If the refugees are Christians
escaping ISIS or Boko Haram or they are children escaping violent gangs
in Central America they are not and should not be turned back.
Children do not leave their homes and families by the tens of
thousands unless fear is driving them from their homes.
Upon my visit to South Texas borders, I witnessed hundreds of
children whose young faces were pressed against glass jails with tears
running down their faces. We are dealing with helpless children who
have traveled a treacherous journey, and it should be within our
American values to care for these children who fled their homes to
escape violence.
These children are not perpetrators or criminals--they are in many
cases victims fleeing deadly violence in Guatemala, Honduras, and El
Salvador, and are seeking temporary safe haven in the United States, as
so many people before them have done for centuries.
The surge of unaccompanied children on our southern border does not
pose a threat to our national security. Contrary to the shrill rhetoric
used by some commentators, the nation is not being invaded by army an
of children dispatched to do us harm.
We are confronted instead with a humanitarian crisis resulting from
the alarming scale of violence and economic desperation in three
Central American countries that now lead the world in murder rates: El
Salvador, Honduras, and Guatemala.
Politicizing the issue will not solve the problem. Taking actions
that address the root causes in the short and long term will. We should
be taking up Immigration Reform to deal with the wide range of
immigration problems.
The current status on the border is the number of children coming
across the border has abated. Those children remaining in detention
shelters along the border number only a few hundred.
According to the United Nations Office on Drugs and Crime, these
three Central American countries have among the highest per capita
homicide rates in the world, with Honduras topping the list and the
other two nations in the top five.
To address this issue of the humanitarian crisis, I introduced H.R.
4990, the ``Justice for Children Now Act of 2014,'' which authorizes
the immediate hiring of an additional 70 immigration judges in the
Executive Office of Immigration Review.
This bill will help but it is not sufficient to address the backlogs
to help advance the flow of the children's immigration court hearings.
The amount allowed under this bill will leave states and aid agencies
footing a significant portion of the cost for assisting these helpless
children--when it is the role of the federal government to be present
and actively engaged in leading the effort.
I support the President's request for $3.7 billion to respond to the
humanitarian crisis on the border and urge my colleagues in leadership
to reconsider the level of funding for this great need.
Congress should allocate the resources needed to deal with the
increase in unaccompanied children seeking refuge in the United States.
Some of these persons are attempting to enter the country unlawfully
and without justification. Our laws do not permit this and they should
not be allowed entry.
The Administration is following immigration law as it relates to
these unaccompanied minors.
The Trafficking Victims Protection Reauthorization Act of 2008,
signed by President George W. Bush establishes the legal status of the
children who have entered the nation unaccompanied.
That law provides persons fleeing lethal violence or escape from
human trafficking the opportunity to have their case heard by an
immigration judge.
Over the time Congress has delayed acting and an additional 366,000
pending cases were added to the immigration courts that must have
hearings before any action can be taken.
Because this situation is untenable for everyone--law enforcement,
taxpayers, and individuals petitioning for relief, the first thing that
we can and should do to reduce the backlog is provide the funding
needed to appoint 70 new immigration judges, as provided under
legislation.
Ensuring that there are available sufficient facilities to house
detained children in a humane manner while they await their immigration
hearing is another challenge.
I ask that the Rules Committee approve the Jackson Lee Amendment for
inclusion in H.R. 5230.
The material previously referred to by Mr. Polis is as follows:

An amendment to H. Res. 696 Offered by Mr. Polis From Colorado

At the end of the resolution, add the following new
sections:
Sec. 7. Immediately upon adoption of this resolution the
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the bill (H.R.
15) to provide for comprehensive immigration reform and for
other

[[Page 13743]]

purposes. The first reading of the bill shall be dispensed
with. All points of order against consideration of the bill
are waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided among and
controlled by the chair and ranking minority member of the
Committee on the Judiciary. After general debate the bill
shall be considered for amendment under the five-minute rule.
All points of order against provisions in the bill are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions. If the Committee of the Whole rises and reports
that it has come to no resolution on the bill, then on the
next legislative day the House shall, immediately after the
third daily order of business under clause 1 of rule XIV,
resolve into the Committee of the Whole for further
consideration of the bill.
Sec. 8. Clause 1(c) of rule XIX shall not apply to the
consideration of H.R. 15.
____

The Vote on the Previous Question: What It Really Means

This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.

Mr. COLE. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. POLIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

____________________

REDUCING REGULATORY BURDENS ACT OF 2013

The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX,
proceedings will now resume on H.R. 935, which the Clerk will report by
title.
The Clerk read the title of the bill.

Motion to Recommit

Mrs. CAPPS. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Mrs. CAPPS. I am opposed in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mrs. Capps moves to recommit the bill H.R. 935 to the
Committee on Transportation and Infrastructure with
instructions to report the same back to the House forthwith
with the following amendment:
At the end of the bill, add the following:

SEC. 4. PROTECTING INFANTS AND CHILDREN FROM KNOWN OR
SUSPECTED CARCINOGENS.

(a) In General.--This Act, and the amendments made by this
Act, shall not apply to a discharge of a pesticide--
(1) if the pesticide--
(A) is a known or suspected carcinogen for infants or
children; or
(B) is known or suspected to harm the neurological or
physiological development of infants or children; or
(2) if the discharge is located in a geographic area that
contains a cancer cluster.
(b) Cancer Cluster Defined.--In this section, the term
``cancer cluster'' means a defined geographic area where
there is the occurrence of a greater than expected number of
cancer cases among infants or children over a specific time
period.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California is recognized for 5 minutes in support of her motion.
Mrs. CAPPS. Mr. Speaker, I rise today to offer this final amendment
to H.R. 935.
If this amendment is adopted, it will not kill the bill or send it
back to committee.

{time} 1045

The House will have an opportunity to vote on final passage
immediately after consideration of this amendment. What the amendment
will do is ensure that our children are protected from known chemical
threats.
Mr. Speaker, it should come as no surprise that when it comes to
pesticides, infants and children are among the most vulnerable to
harmful health impacts. Pound for pound, children drink more water, eat
more food, and breathe more air than adults, and, as a result, they
absorb a higher concentration of pesticides.
Infants and children are also exposed to pesticides in unique ways
because of how they interact with the world. As any parent can tell
you, children and infants crawl on the floor and on the grass, and they
put almost everything into their mouths, including their hands, again,
putting themselves at greater risk of exposure to pesticides than
adults.
And the exposure of infants and children to pesticides poses a
greater risk than the same exposure would do to an adult for an
additional reason, and that is because children's internal organs are
still developing, and their bodies may provide less natural protection
from these toxins than adults have.
Simply put, our children are at greater risk from pesticide exposure,
so they need greater protection, and that is what my amendment would
do. It would help reduce risk by preserving several commonsense tools
to protect children and infants from increased exposure to toxic
pesticides.
Mr. Speaker, I believe our farmers and mosquito control districts
have raised legitimate concerns about these regulations that need to be
addressed, and I have supported the underlying bill in the past because
I believe the legislative process needs to move forward to find the
right solution to these issues.
However, this bill is not perfect. It takes a very broad approach
that could be more targeted to ensure that we are

[[Page 13744]]

doing everything possible to protect our most vulnerable people.
Unfortunately, this bill now has come to the floor with no opportunity
to consider floor amendments to make these commonsense improvements,
and so this is our last--really, our only--opportunity to strike the
right balance between supporting our local farmers and protecting our
children.
Mr. Speaker, we all know that pesticide exposure can lead to a
variety of adverse health effects, especially for children. These
harmful effects range from neurological disorders to birth defects to
certain forms of cancer. In fact, recent news reports have highlighted
more and more examples of potential cancer clusters associated with
pesticide exposure.
For example, in Highland, New York, health officials are
investigating the cases of six children who, one after another, were
diagnosed with the same form of leukemia. Local residents believe that
environmental pollution may be the cause and point to the routine
pesticide sprayings in the area.
In Kern County, California, local officials are investigating over 20
cases of childhood malignancies, including the death of an 8-year-old
boy, that may be linked to pesticides in that area.
In Washington State, local health officials are investigating why
roughly 60 people in the Yakima area have fallen ill, reporting
difficulty breathing, skin rashes, nausea, vomiting, and headaches,
some of whom required emergency hospitalization. In this instance,
State health officials suspect these health issues may be related to 15
different instances of spraying in commercial orchards.
These are just a few examples.
Mr. Speaker, I represent an area of California with a vibrant
agricultural economy and culture that we all treasure. Our farmers and
their families drink the same water as everyone else, so they have just
as much at stake in this as anyone. Pesticides are an unfortunate but
necessary part of food production, and our central coast farmers do the
best they can to navigate the rules and use these pesticides safely,
but there is clearly more that could and should be done to minimize
pesticide exposure, especially when it comes to our children.
My amendment targets the most toxic of all pesticides, those that
research indicates are known or suspected to cause serious health
issues in infants and children. I want to be clear. This amendment does
not block the use of these pesticides or block consideration of this
bill. It simply says that if you are a pesticide applicator, you should
minimize your use of these toxic chemicals, monitor any adverse impacts
from their use, and report the location and quantities to local
permitting agencies.
We may not agree on all the potential impacts of this bill, but
surely we can agree that protecting our Nation's infants and children
from toxic chemicals warrants our full support. Simply put, that is
what my amendment does. And as a public health nurse, I strongly urge
its adoption.
Mr. Speaker, I yield back the balance of my time.
Mr. GIBBS. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Ohio is recognized for 5
minutes.
Mr. GIBBS. Mr. Speaker, this motion to recommit is unnecessary. There
are already adequate protections put in the law, in the FIFRA law.
FIFRA evaluates it. The EPA evaluates the process. It goes through the
process, and if there is any risk to the environment or human health,
they won't get their label. There won't be a label. It will be a
restricted pesticide, and it won't be approved.
So I say this is unnecessary. It is duplicative. There are already
enough protections in the current FIFRA law, and all this is redundant
and just plain unnecessary. So we need to move ahead.
I strongly oppose the motion to recommit and urge my colleagues to
vote ``no.''
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. CAPPS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of the bill, if ordered; ordering the
previous question on House Resolution 696; and adopting House
Resolution 696, if ordered.
The vote was taken by electronic device, and there were--yeas 195,
nays 233, not voting 4, as follows:

[Roll No. 469]

YEAS--195

Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Waxman
Welch
Wilson (FL)
Yarmuth

NAYS--233

[[Page 13745]]

McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

NOT VOTING--4

DesJarlais
Hanabusa
McKeon
Nunnelee

{time} 1120

Messrs. THORNBERRY, DUNCAN of Tennessee, GARDNER, CASSIDY, CRAMER,
Mrs. MILLER of Michigan, and Mrs. ROBY changed their vote from ``yea''
to ``nay.''
Mr. FARR, Ms. BROWN of Florida, Mr. HONDA, Mr. KIND, Ms. LORETTA
SANCHEZ of California, Mr. HUFFMAN, Ms. DeLAURO, and Mr. RICHMOND
changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.

(By unanimous consent, Mr. Cantor was allowed to speak out of order.)

The Honor and Privilege of Serving My Fellow Americans

Mr. CANTOR. Mr. Speaker, it has been an honor and a privilege to
serve as majority leader of this distinguished body. I look around this
remarkable Chamber, and I see so many friends and colleagues who have
inspired me and who have inspired this Congress to do great things for
the American people.
Walking into this building and walking on to this floor is something
that excited me every day since I was first elected to Congress, as it
should. Not one of us should ever take for granted the awesome honor
and responsibility we have to serve our fellow Americans.
This is a privilege of a lifetime. I think of the sacrifices that
helped me rise to serve the people of Virginia's Seventh District. My
grandparents fled religious persecution in Europe in order to find a
better life.
My grandmother, a young Jewish widow, was soon raising my dad above a
grocery store in Richmond, just trying to make ends meet, and so it
goes, two generations later, her grandson would represent part of what
was James Madison's seat in the House and then go on to serve as its
majority leader.
I have truly lived the American Dream. That is what this country is
supposed to be about: dreaming big and believing that each generation
can do better than the last. Now, unfortunately, we have seen that
dream erode in recent years, and our Nation faces many challenges. Too
many are left wondering if we can be an America that works, an America
that leads.
Too many children are condemned to a bad school because of the ZIP
Code they live in. Being poor in America should not mean being deprived
of a good education. We have all got to continue fighting for these
kids. This is the civil rights issue of our time.
Even after kids graduate high school, too many can't afford college
or access the skills they need to join a new and dynamic workforce.
Government policies often increase these costs and restrict
opportunities. During my time here, we have made some progress on some
of these issues, but frankly, not enough.
One of my proudest moments was watching the President sign into law
the Gabriella Miller Kids First Research Act sponsored by Congressmen
Gregg Harper and Peter Welch. Prioritizing Federal dollars toward
finding cures and treatments for disease can enrich and even save
lives. The added benefit? Cures can help alleviate health care costs.
All the while, too many moms and dads who are healthy are stuck
without a job or barely getting by in one that doesn't match their
potential. This Congress, the House has passed many bills, some of
which were bipartisan, to help create jobs and opportunities for those
who desperately need them. I hope more of those bills will make it to
the President's desk before year's end.
Our Nation and our economy cannot meet its full potential if we in
America are not leading abroad. I look around at colleagues on both
sides of the aisle, at chairmen, ranking members, and at my good
friend, Democratic Whip Steny Hoyer, all of whom have soberly and
seriously helped ensure a fight for a strong foreign policy, so that
our Nation can lead in order to help keep our people safe; yet never
before have I been more worried about the prospects of that peace due
to our diminished engagement on the world stage.
Instability and terror seem to be coming from every corner of the
globe. The Middle East is in chaos, Iran is marching towards a nuclear
weapon, and Russia has reverted to a cold war footing and invaded
Ukraine.
America does lead in so many areas, including innovation, scientific
discovery, and medicine, but we have also got to make leadership abroad
a priority. I shudder to think what the world will look like in 5 years
for us and our allies if we don't steel our resolve and stand tall with
those who stand with us.
Mr. Speaker, we don't always see eye to eye, even within our own
parties in this Chamber, but that is how it is supposed to be. Our
Founders did not design a rubber stamp.
This Congress, we have found ways to agree on much more than was ever
reported with many bills passing this House in a bipartisan way. For
that, much of the credit goes to the hardworking staff that quietly
works around the clock to help us do our job. I would especially like
to thank my team, starting with Chief of Staff Steve Stombres and my
deputy chief, Neil Bradley, as well as our whole team for being there
every day to assist Members on both sides of the aisle to help them
deliver on their legislative goals. Thank you.
Mr. Speaker, I would also like to thank you for all you have done.
Thank you for the example of firm leadership that you show and, at the
same time, for not being afraid to show us all your kind heart and your
soft spot from time to time.
Mr. Speaker, you reminded me yesterday that you and I have met with
each other at least once a day every day that we have been in session
for the past 5 years. For that, Mr. Speaker, I thank you for your
patience.
I would like to thank our Conference chair, Cathy McMorris Rodgers.
She is as tough as she is compassionate, and her voice has so often
helped our Conference and this House.
I would also like to recognize two of my colleagues and dear friends
who I joined seven years ago to begin a fight for reform on behalf of
the American people. To Chairman Paul Ryan, thank you for your
dedication to finding solutions to the problems that face our
government. But more importantly, thank you for your commitment to
identifying those conservative solutions that actually help people find
their path to the American Dream. I know your efforts will continue to
impact America in a positive way.
To my closest confidant and my good friend Kevin McCarthy, our new
majority leader, I know you will make this institution proud. I will
miss the daily challenges that we faced together at the leadership
table, but I know that your leadership will serve as an inspiration for
all of us.
There are so many more Members and staff on both sides of the aisle
who have made my time here so rewarding. Many of you have become as
close to me as family, and that is what has always sustained me while
being away from my own family in Richmond. I know that I speak for all
of us when I

[[Page 13746]]

extend a heartfelt thank-you to the Capitol Police and the Sergeant at
Arms for all they do to protect us and our families every day.
Finally, I want to thank my family: my wife, Diana; her mother; my
children, Evan, Jenna, and Mikey; my parents; my brothers, all of whom
have made sacrifices so that I could serve in this Chamber and as a
member of leadership. They are my inspiration, and they are the rocks
on which I will always lean.
Mr. Speaker, I close by once again thanking my colleagues for their
service. I thank them for their friendship and warmth.
(By unanimous consent, Mr. Hoyer was allowed to speak out of order.)

Thanking the Honorable Eric Cantor for His Service

Mr. HOYER. Mr. Speaker, I rise to thank the majority leader for his
service to this House and his service to this country.
When one of us leaves this body, it ought to remind us that all of us
are here for a relatively short time, perhaps some longer than others,
but all for a relatively short time.
Mr. Cantor and I have had the opportunity to work together. As he
pointed out, we have not always agreed, as we do not always agree
across the aisle. But we have an extraordinary honor bestowed upon us,
as he pointed out. There are less than 11,000 of us in the history of
this country who have served in this body. There are 435 of us who have
been asked by our fellow citizens to serve on their behalf, on behalf
of their families, and on behalf of their country.
Eric Cantor has done that well, not because I always agreed with him,
but because I always knew that he had the best interest of his country,
his State, his community, his family, and our neighbors in mind when he
acted. I want to congratulate him and I want to thank him for his
service, and I want to thank him for working with me on those areas
where we could find agreement. In those areas, we acted in a very
productive manner and created a large bipartisan majority on most of
those issues in this House. I thank him for doing that.
As one who has also had the honor, Mr. Speaker, of serving as the
majority leader of this House, it is a special honor that our
colleagues have bestowed upon us. I want to wish him well. I know that
he will not be leaving the public community, the public square, and his
voice will still be a voice of influence and he will make a difference
in whatever area he pursues. He will remain always a Member of this
body. He will visit us from time to time. We will welcome him back. We
wish him well.
The SPEAKER. Without objection, 5-minute voting will continue.
There was no objection.
The SPEAKER. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Ms. EDWARDS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 267,
noes 161, not voting 4, as follows:

[Roll No. 470]

AYES--267

Aderholt
Amash
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Camp
Campbell
Cantor
Capito
Capps
Carney
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Davis, Rodney
DelBene
Denham
Dent
DeSantis
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Enyart
Farenthold
Farr
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kelly (PA)
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Loebsack
Long
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lummis
Maloney, Sean
Marchant
Marino
Massie
Matheson
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McIntyre
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nolan
Nugent
Nunes
Olson
Owens
Palazzo
Paulsen
Pearce
Perlmutter
Perry
Peters (MI)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schrader
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Vela
Wagner
Walberg
Walden
Walorski
Walz
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

NOES--161

Bass
Beatty
Becerra
Bera (CA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Capuano
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kirkpatrick
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Lofgren
Lowenthal
Lowey
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Negrete McLeod
O'Rourke
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Peters (CA)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schwartz
Scott (VA)
Serrano
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Velazquez
Visclosky
Wasserman Schultz
Waters
Waxman
Wilson (FL)
Yarmuth

NOT VOTING--4

DesJarlais
Hanabusa
McKeon
Nunnelee

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (Mr. Hultgren) (during the vote). There are 2
minutes remaining.

{time} 1142

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

[[Page 13747]]

____________________

The SPEAKER pro tempore. The unfinished business is the vote on
ordering the previous question on the resolution (H. Res. 696)
providing for consideration of the bill (H.R. 5230) making supplemental
appropriations for the fiscal year ending September 30, 2014, and for
other purposes; providing for consideration of the bill (H.R. 5272) to
prohibit certain actions with respect to deferred action for aliens not
lawfully present in the United States, and for other purposes;
providing for consideration of the Senate amendment to the bill (H.R.
5021) to provide an extension of federal-aid highway, highway safety,
motor carrier safety, transit, and other programs funded out of the
Highway Trust Fund, and for other purposes; and for other purposes, on
which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 226,
nays 198, not voting 8, as follows:

[Roll No. 471]

YEAS--226

Aderholt
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Burgess
Byrne
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
Matheson
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

NAYS--198

Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Broun (GA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Waxman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--8

Crawford
DesJarlais
Hanabusa
Hanna
McKeon
Nunnelee
Price (GA)
Smith (TX)

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.

{time} 1149

So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. POLIS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 220,
noes 205, not voting 7, as follows:

[Roll No. 472]

AYES--220

Aderholt
Amash
Amodei
Bachmann
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Goodlatte
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Kelly (PA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
Meadows
Meehan
Messer

[[Page 13748]]

Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Olson
Palazzo
Paulsen
Pearce
Perry
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

NOES--205

Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Broun (GA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gohmert
Gosar
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (IA)
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Meng
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Polis
Posey
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Stockman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Waxman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--7

Bachus
Byrne
DesJarlais
Hanabusa
Hartzler
McKeon
Nunnelee

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.

{time} 1156

So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mrs. HARTZLER. Mr. Speaker, on Thursday, July 31, 2014, I was unable
to vote. Had I been present, I would have voted as follows: on rollcall
No. 472, ``yea.''

____________________

SECURE THE SOUTHWEST BORDER ACT OF 2014

Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution
696, I call up the bill (H.R. 5230) making supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes,
and ask for its immediate consideration.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 5230

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2014, and for other purposes, namely:

DIVISION A--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS

TITLE I

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$71,000,000, to remain available until September 30, 2015,
for necessary expenses to apprehend, transport, and provide
temporary shelter associated with the significant rise in
unaccompanied alien children and alien adults accompanied by
an alien minor at the Southwest Border of the United States,
including related activities to secure the border, disrupt
transnational crime, and the necessary acquisition,
construction, improvement, repair, and management of
facilities: Provided, That not later than 30 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of
the House of Representatives and the Senate an obligation and
quarterly expenditure plan for these funds: Provided further,
That the Secretary shall provide to such Committees quarterly
updates on the expenditure of these funds.

U.S. Immigration and Customs Enforcement

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$334,000,000, to remain available until September 30, 2015,
for necessary expenses to respond to the significant rise in
unaccompanied alien children and alien adults accompanied by
an alien minor at the Southwest Border of the United States,
including for enforcement of immigration and customs law,
including detention and removal operations, of which
$262,000,000 shall be for Custody Operations and $72,000,000
shall be for Transportation and Removal operations: Provided,
That not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate an obligation and quarterly
expenditure plan for these funds: Provided further, That the
Secretary shall provide to such Committees quarterly updates
on the expenditure of these funds.

GENERAL PROVISIONS--THIS TITLE

(including rescission)

Sec. 101. Notwithstanding any other provision of law, none
of the funds provided by this title shall be available for
obligation or expenditure through a reprogramming or transfer
of funds that proposes to use funds directed for a specific
activity by either of the Committees on Appropriations of the
House of Representatives or the Senate for a different
purpose than for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a
request for approval shall be submitted to such Committees.
Sec. 102. The Secretary of Homeland Security shall provide
to the Congress quarterly reports that include: (1) the
number of apprehensions at the border delineated by
unaccompanied alien children and alien adults accompanied by
an alien minor; (2) the number of claims of a credible fear
of persecution delineated by unaccompanied alien children and
alien adults accompanied by an alien minor, and the number of
determinations of valid claims of a credible fear of
persecution delineated by unaccompanied alien children and
alien adults accompanied by an alien minor; (3) the number of
unaccompanied alien children and alien adults accompanied by
an alien minor granted asylum by an immigration judge,
delineated by year of apprehension; (4) the number of alien
adults accompanied by an alien minor in detention facilities,
alternatives to detention, and other non-detention forms of
supervision; and (5) the number of removals delineated by
unaccompanied alien children and alien adults accompanied by
an alien minor.
Sec. 103. Of the unobligated balance available for
``Department of Homeland Security--Federal Emergency
Management Agency--Disaster Relief Fund'', $405,000,000 is
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on a budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That no amounts may be rescinded from
the amounts that were designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 104. Notwithstanding any other provision of law,
grants awarded under sections 2003 or 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605) using funds
provided under the heading ``Federal Emergency Management
Agency--State and Local Programs'' in division F of Public
Law 113-76, division D of Public Law 113-6, or division D of
Public Law 112-74 may be used by State and

[[Page 13749]]

local law enforcement and public safety agencies within local
units of government along the Southwest Border of the United
States for costs incurred during the award period of
performance for personnel, overtime, travel, costs related to
combating illegal immigration and drug smuggling, and costs
related to providing humanitarian relief to unaccompanied
alien children and alien adults accompanied by an alien minor
who have entered the United States.

TITLE II

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $12,419,000, to remain available until September 30,
2015, for necessary expenses related to the Southwest Border
of the United States.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $2,258,000, to remain available until September
30, 2015, for necessary expenses related to the Southwest
Border of the United States.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $15,807,000, to remain available until
September 30, 2015, for necessary expenses related to the
Southwest Border of the United States.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $4,516,000, to remain available until
September 30, 2015, for necessary expenses related to the
Southwest Border of the United States.

GENERAL PROVISION--THIS TITLE

(rescission)

Sec. 201. Of the unobligated balances of amounts
appropriated in title II of division C of Public Law 113-76
for ``Operation and Maintenance, Defense-Wide'', $35,000,000
is hereby rescinded to reflect excess cash balances in
Department of Defense Working Capital Funds.

TITLE III

DEPARTMENT OF JUSTICE

General Administration

administrative review and appeals

For an additional amount for ``Administrative Review and
Appeals'' for necessary expenses to respond to the
significant rise in unaccompanied alien children and alien
adults accompanied by an alien minor at the Southwest Border
of the United States, $22,000,000, to remain available until
September 30, 2015, of which $12,900,000 shall be for
additional temporary immigration judges and related expenses,
and $9,100,000 shall be for technology for judges to expedite
the adjudication of immigration cases.

GENERAL PROVISION--THIS TITLE

(rescission)

Sec. 301. Of the unobligated balances available for
``Department of Justice--Legal Activities--Assets Forfeiture
Fund'', $22,000,000 is hereby permanently rescinded.

TITLE IV

GENERAL PROVISIONS--THIS TITLE

Repatriation and Reintegration

Sec. 401. (a) Repatriation and Reintegration.--Of the funds
appropriated in titles III and IV of division K of Public Law
113-76, and in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, for assistance for the countries in Central
America, up to $40,000,000 shall be made available for such
countries for repatriation and reintegration activities:
Provided, That funds made available pursuant to this section
may be obligated notwithstanding subsections (c) and (e) of
section 7045 of division K of Public Law 113-76.
(b) Report.--Prior to the initial obligation of funds made
available pursuant to this section, but not later than 15
days after the date of enactment of this Act, and every 90
days thereafter until September 30, 2015, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to
the appropriate congressional committees a report on the
obligation of funds made available pursuant to this section
by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including
increasing penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States and to emphasize the lack of immigration benefits
available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) Suspension of Assistance.--The Secretary of State shall
suspend assistance provided pursuant to this section to the
government of a country if such government is not making
significant progress on each item described in paragraphs (1)
through (5) of subsection (b): Provided, That assistance may
only be resumed if the Secretary reports to the appropriate
congressional committees that subsequent to the suspension of
assistance such government is making significant progress on
each of the items enumerated in such subsection.
(d) Notification Requirement.--Funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations
of the House of Representatives and the Senate.

(rescission)

Sec. 402. Of the unexpended balances available to the
President for bilateral economic assistance under the heading
``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, $197,000,000 is rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.

TITLE V

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

refugee and entrant assistance

For an additional amount for ``Refugee and Entrant
Assistance'', $197,000,000, to be merged with and available
for the same time period and for the same purposes as the
funds made available under this heading in division H of
Public Law 113-76 ``for carrying out such sections 414, 501,
462, and 235'': Provided, That of this amount, $47,000,000
shall be for the Social Services and Targeted Assistance
programs.
This division may be cited as the ``Secure the Southwest
Border Supplemental Appropriations Act, 2014''.

DIVISION B--SECURE THE SOUTHWEST BORDER ACT OF 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Secure the Southwest Border Act of 2014''.
(b) Table of Contents.--The table of contents for this
division is as follows:

Sec. 1. Short title; table of contents.

TITLE I--PROTECTING CHILDREN

Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Expedited due process and screening of unaccompanied alien
children.
Sec. 103. Due process protections for unaccompanied alien children
present in the United States.
Sec. 104. Emergency immigration judge resources.
Sec. 105. Protecting children from human traffickers, sex offenders,
and other criminals.
Sec. 106. Inclusion of additional grounds for per se ineligibility for
asylum.

TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

Sec. 201. National Guard support for border operations.

TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

Sec. 301. Prohibition on actions that impede border security on certain
Federal land.
Sec. 302. Sense of Congress on placement of unauthorized aliens at
military installations.

TITLE I--PROTECTING CHILDREN

SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

[[Page 13750]]

(A) in the subparagraph heading, by striking ``Placement in
removal proceedings'' and inserting ``Expedited due process
and screening for unaccompanied alien children'';
(B) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),
shall be--'' and inserting ``who meets the criteria listed in
paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the following:
``(i) shall be placed in a proceeding in accordance with
section 235B of the Immigration and Nationality Act, which
shall commence not later than 7 days after the screening of
an unaccompanied alien child described in paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the immediate custody of a
nongovernmental sponsor or otherwise released from the
custody of the United States Government until the child is
repatriated unless the child is the subject of an order under
section 235B(e)(1) of the Immigration and Nationality Act;'';
(F) in clause (iii), as redesignated, by inserting ``is''
before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting ``shall
be'' before ``provided''.

SEC. 102. EXPEDITED DUE PROCESS AND SCREENING OF
UNACCOMPANIED ALIEN CHILDREN.

(a) Amendments to Immigration and Nationality Act.--
(1) In general.--Chapter 4 of the Immigration and
Nationality Act is amended by inserting after section 235A
the following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.

``(a) Defined Term.--In this section, the term `asylum
officer' had the meaning given such term in section
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(E)).
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)),
an immigration judge shall conduct a proceeding to inspect,
screen, and determine the status of an unaccompanied alien
child who is an applicant for admission to the United States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and any
witnesses;
``(B) may issue subpoenas for the attendance of witnesses
and presentation of evidence; and
``(C) is authorized to sanction by civil money penalty any
action (or inaction) in contempt of the judge's proper
exercise of authority under this Act.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in the
absence of the alien;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the alien shall be given the privilege of being
represented, at no expense to the Government, by counsel of
the alien's choosing who is authorized to practice in such
proceedings;
``(B) the alien shall be given a reasonable opportunity--
``(i) to examine the evidence against the alien;
``(ii) to present evidence on the alien's own behalf; and
``(iii) to cross-examine witnesses presented by the
Government;
``(C) the rights set forth in subparagraph (B) shall not
entitle the alien--
``(i) to examine such national security information as the
Government may proffer in opposition to the alien's admission
to the United States; or
``(ii) to an application by the alien for discretionary
relief under this Act; and
``(D) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--In the
discretion of the Attorney General, an alien applying for
admission to the United States may, and at any time, be
permitted to withdraw such application and immediately be
returned to the alien's country of nationality or country of
last habitual residence.
``(6) Consequences of failure to appear.--Any alien who
fails to appear at a proceeding required under this section,
shall be ordered removed in absentia if the Government
establishes by a preponderance of the evidence that the alien
was at fault for their absence from the proceedings.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a proceeding under
this section, the immigration judge shall determine whether
an unaccompanied alien child is likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from removal under
this Act.
``(B) Evidence.--The determination of the immigration judge
under subparagraph (A) shall be based only on the evidence
produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this section, an
alien who is an applicant for admission has the burden of
establishing, by a preponderance of the evidence, that the
alien--
``(i) is likely to be entitled to be lawfully admitted to
the United States or eligible for any form of relief from
removal under this Act; or
``(ii) is lawfully present in the United States pursuant to
a prior admission.
``(B) Access to documents.--In meeting the burden of proof
under subparagraph (A)(ii), the alien shall be given access
to--
``(i) the alien's visa or other entry document, if any; and
``(ii) any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the
alien's admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met
the burden of proof under subsection (d)(2), the judge shall
order the alien to be placed in further proceedings in
accordance with section 240.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under section 208;
or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the judge
shall order the alien referred for an interview by an asylum
officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Defined term.--In this subsection, the term `credible
fear of persecution' has the meaning given such term in
section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)).
``(2) Conduct by asylum officer.--An asylum officer shall
conduct interviews of aliens referred under subsection
(e)(3).
``(3) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution, the alien shall be held in the
custody of the Secretary of Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b)) during further consideration of the
application for asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an alien does not have a
credible fear of persecution the officer shall order the
alien removed from the United States without further hearing
or review.
``(B) Record of determination.--The officer shall prepare a
written record of a determination under subparagraph (A),
which shall include--
``(i) a summary of the material facts as stated by the
applicant;
``(ii) such additional facts (if any) relied upon by the
officer;
``(iii) the officer's analysis of why, in light of such
facts, the alien has not established a credible fear of
persecution; and
``(iv) a copy of the officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a credible fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--

``(I) shall include an opportunity for the alien to be
heard and questioned by the immigration judge, either in
person or by telephonic or video connection; and
``(II) shall be conducted--

``(aa) as expeditiously as possible;
``(bb) within the 24-hour period beginning at the time the
asylum officer makes a determination under subparagraph (A),
to the maximum extent practicable; and

[[Page 13751]]

``(cc) in no case later than 7 days after such
determination.
``(5) Mandatory protective custody.--Any alien subject to
the procedures under this subsection shall be held in the
custody of the Secretary of Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b))--
``(A) pending a final determination of an asylum
application under section 208; or
``(B) after a determination that the alien does not have a
credible fear of persecution, until the alien is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of
title 28, United States Code, after having been warned of the
penalties for falsely making such claim under such conditions
to have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.
``(h) Last In, First Out.--In any proceedings,
determinations, or removals under this section, priority
shall be accorded to the alien who has most recently arrived
in the United States.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 235A
the following:

``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.

(b) Judicial Review of Orders of Removal.--Section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, or an order of
removal issued to an unaccompanied alien child after
proceedings under section 235B'' after ``section 235(b)(1)'';
and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears; and
(ii) in subparagraph (A)--

(I) in the subparagraph heading, by inserting ``or 235b''
after ``section 235(b)(1)''; and
(II) in clause (iii), by striking ``section 235(b)(1)(B),''
and inserting ``section 235(b)(1)(B) or 235B(f);''; and

(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or 235B''
after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after ``section
235(b)(1)'' in each place it appears;
(C) in subparagraph (2)(C), by inserting ``or section
235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or section
235B'' after ``section 235(b)''.

SEC. 103. DUE PROCESS PROTECTIONS FOR UNACCOMPANIED ALIEN
CHILDREN PRESENT IN THE UNITED STATES.

(a) Filing Authorized.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, notwithstanding any other provision of law, shall,
at an immigration court designated to conduct proceedings
under section 235B of the Immigration and Nationality Act,
permit an unaccompanied alien child who was issued a Notice
to Appear under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) during the period beginning
on January 1, 2013, and ending on the date of the enactment
of this Act--
(1) to appear, in-person, before an immigration judge who
has been authorized by the Attorney General to conduct
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 102;
(2) to attest to their desire to apply for admission to the
United States; and
(3) to file a motion--
(A) to replace any Notice to Appear issued between January
1, 2013, and the date of the enactment of this Act under
section 239 of the Immigration and Nationality Act (8 U.S.C.
1229); and
(B) to apply for admission to the United States by being
placed in proceedings under section 235B of the Immigration
and Nationality Act.
(b) Motion Granted.--An immigration judge may, at the sole
and unreviewable discretion of the judge, grant a motion
filed under subsection (a)(3) upon a finding that--
(1) the petitioner was an unaccompanied alien child (as
such term is defined in section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279)) on the date on which a Notice to
Appear described in subsection (a) was issued to the alien;
(2) the Notice to Appear was issued during the period
beginning on January 1, 2013, and ending on the date of the
enactment of this Act;
(3) the unaccompanied alien child is applying for admission
to the United States; and
(4) the granting of such motion would not be manifestly
unjust.
(c) Effect of Motion.--Notwithstanding any other provision
of law, upon the granting of a motion to replace under
subsection (b), the immigration judge who granted such motion
shall--
(1) while the petitioner remains in-person, immediately
inspect and screen the petitioner for admission to the United
States by conducting a proceeding under section 235B of the
Immigration and Nationality Act, as added by section 102;
(2) immediately notify the petitioner of the petitioner's
ability, under section 235B(c)(5) of the Immigration and
Nationality Act to withdraw the petitioner's application for
admission to the United States and immediately be returned to
the petitioner's country of nationality or country of last
habitual residence; and
(3) replace the petitioner's notice to appear with an order
under section 235B(e) of the Immigration and Nationality Act.
(d) Protective Custody.--An unaccompanied alien child who
has been granted a motion under subsection (b) shall be held
in the custody of the Secretary of Health and Human Services
pursuant to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232).

SEC. 104. EMERGENCY IMMIGRATION JUDGE RESOURCES.

(a) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall
designate up to 40 immigration judges, including through the
hiring of retired immigration judges, administrative law
judges, or magistrate judges, or the reassignment of current
immigration judges, that are dedicated to conducting humane
and expedited inspection and screening for unaccompanied
alien children under section 235B of the Immigration and
Nationality Act, as added by section 102. Such designations
shall remain in effect solely for the duration of the
humanitarian crisis at the southern border (as determined by
the Secretary of Homeland Security, in consultation with the
Attorney General).
(b) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to the
purpose described in subsection (a) to comply with the
requirement under section 235B(b)(1) of the Immigration and
Nationality Act.

SEC. 105. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX
OFFENDERS, AND OTHER CRIMINALS.

Section 235(c)(3) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(3)) is amended--
(1) in subparagraph (A), by inserting ``, including a
mandatory biometric criminal history check'' before the
period at the end; and
(2) by adding at the end the following--
``(D) Prohibition on placement with sex offenders and human
traffickers.--
``(i) In general.--The Secretary of Health and Human
Services may not place an unaccompanied alien child in the
custody of an individual who has been convicted of--

``(I) a sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S.C.
16911)); or
``(II) a crime involving a severe form of trafficking in
persons (as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)).

``(ii) Requirements of criminal background check.--A
biometric criminal history check under subparagraph (A) shall
be based on a set of fingerprints or other biometric
identifiers and conducted through--

``(I) the Federal Bureau of Investigation; and
``(II) criminal history repositories of all States that the
individual lists as current or former residences.''.

SEC. 106. INCLUSION OF ADDITIONAL GROUNDS FOR PER SE
INELIGIBILITY FOR ASYLUM.

Section 208(b)(2)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by
inserting after ``a serious nonpolitical crime'' the
following: ``(including any drug-related offense punishable
by a term of imprisonment greater than 1 year)''.

TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY

SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPERATIONS.

(a) Deployment Authority and Funding.--Amounts appropriated
for the Department of Defense in this Act shall be expended
for any units or personnel of the National Guard deployed to
perform operations and missions under section 502(f) of title
32, United States Code, on the southern border of the United
States.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
as may be necessary to provide assistance for operations on
the southern border, with priority given to high traffic
areas experiencing the highest number of crossings by
unaccompanied alien children.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions on the southern border
shall be full-time duty under title 32, United States Code.

[[Page 13752]]

(c) Materiel and Logistical Support.--The Secretary of
Defense shall deploy such materiel and equipment and
logistical support as may be necessary to ensure success of
the operations and missions conducted by the National Guard
under this section.
(d) Exclusion From National Guard Personnel Strength
Limitations.--National Guard personnel deployed under
subsection (a) shall not be included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
(e) High Traffic Areas Defined.--In this section:
(1) The term ``high traffic areas'' means sectors along the
northern and southern borders of the United States that are
within the responsibility of the Border Patrol that have the
most illicit cross-border activity, informed through
situational awareness.
(2) The term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in the United
States; or
(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.

TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION

SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY
ON CERTAIN FEDERAL LAND.

(a) Prohibition on Secretaries of the Interior and
Agriculture.--The Secretary of the Interior or the Secretary
of Agriculture shall not impede, prohibit, or restrict
activities of U.S. Customs and Border Protection on Federal
land located within 100 miles of the United States border
with Mexico that is under the jurisdiction of the Secretary
of the Interior or the Secretary of Agriculture, to execute
search and rescue operations, and to prevent all unlawful
entries into the United States, including entries by
terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband through such international
land border of the United States. These authorities of U.S.
Customs and Border Protection on such Federal land apply
whether or not a state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border
Protection.--U.S. Customs and Border Protection shall have
immediate access to Federal land within 100 miles of the
United States border with Mexico that is under the
jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture for purposes of conducting the
following activities on such land that prevent all unlawful
entries into the United States, including entries by
terrorists, other unlawful aliens, instruments of terrorism,
narcotics, and other contraband through such international
land border of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver
referred to in this subsection), the waiver by the Secretary
of Homeland Security on April 1, 2008, under section
102(c)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law
104-208) of the laws described in paragraph (2) with respect
to certain sections of the international border between the
United States and Mexico shall be considered to apply to all
Federal land under the jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture within 100 miles of
such international land border of the United States for the
activities of U.S. Customs and Border Protection described in
subsection (b).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness Act (16 U.S.C.
1131 et seq.), the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the National Historic Preservation
Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469
et seq.), the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act
of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities Act of 1970 (Public Law 91-383) (16
U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the
National Parks and Recreation Act of 1978 (Public Law 95-625,
92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990
(16 U.S.C. 1132 note; Public Law 101-628).
(d) Protection of Legal Uses.--This section shall not be
construed to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(f) Tribal Sovereignty.--Nothing in this section
supersedes, replaces, negates, or diminishes treaties or
other agreements between the United States and Indian tribes.

SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAUTHORIZED
ALIENS AT MILITARY INSTALLATIONS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should not allow the placement
of unauthorized aliens at a military installation unless--
(A) the Secretary submits written notice to the
congressional defense committees and each Member of Congress
representing any jurisdiction in which an affected military
installation is situated; and
(B) the Secretary publishes notice in the Federal Register;
(2) the placement of unauthorized aliens at a military
institution should not displace active members of the Armed
Forces;
(3) the placement of unauthorized aliens at a military
institution should not interfere with any mission of the
Department of Defense;
(4) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens unless all other facilities of the Department of
Health and Human Services are unavailable;
(5) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens for more than 120 days;
(6) the Secretary of Health and Human Services should
ensure that all unauthorized alien children are vaccinated
upon arrival at a military installation as set forth in the
guidelines of the Office of Refugee Resettlement;
(7) the Secretary of Health and Human Services should
ensure that all individuals under the supervision of the
Secretary with access to unauthorized alien children at a
military installation are properly cleared according to the
procedures set forth in the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.);
(8) the Secretary of Health and Human Services should fully
comply with the provisions of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13001 et seq.) with respect to background
checks and should retain full legal responsibility for such
compliance; and
(9) in accordance with section 1535 of title 31, United
States Code (commonly referred to as the ``Economy Act''),
the Secretary of Health and Human Services should reimburse
the Secretary of Defense for all expenses incurred by the
Secretary of Defense in carrying out the placement of
unauthorized aliens at a military installation.
(b) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``Member of Congress'' has the meaning given
that term in section 1591(c)(1) of title 10, United States
Code.
(3) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code, but does not include an installation located
outside of the United States.
(4) The term ``placement'' means the placement of an
unauthorized alien in either a detention facility or an
alternative to such a facility.
(5) The term ``unauthorized alien'' means an alien
unlawfully present in the United States, but does not include
a dependent of a member of the Armed Forces.

The SPEAKER pro tempore (Ms. Foxx). Pursuant to House Resolution 696,
the gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.

General Leave

Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and to include extraneous material on H.R. 5230, and that I may
include tabular material on the same.

[[Page 13753]]

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself 6 minutes.
I rise today to present H.R. 5230, which provides immediate, short-
term funding to address the southwest border crisis.
In total, this bill provides $659 million to meet urgent border
security and humanitarian needs for this fiscal year ending on
September 30.
Thousands of illegal immigrants, including unaccompanied children,
have flooded our borders and overwhelmed our current facilities and
personnel.

{time} 1200

This includes a staggering number of children, arriving with no
family, who are being smuggled across our borders by criminal
organizations, subject to abuse and violence. We need to put safeguards
in place to prevent them from taking this dangerous journey, as well as
provide the resources needed to take care of them and process them
appropriately.
The President must take the lead on this by mitigating this crisis,
turning back the tide of illegal immigrants, and fully enforcing our
laws. This problem has, without a doubt, been exacerbated by the
administration's policies on immigration, and it is up to the
administration to find a way to fix that problem.
In the meantime, however, Madam Speaker, it is plain that something
must be done to ensure that our law enforcement personnel and Federal
agencies have the resources needed to deal with this dire situation in
the short term.
The $659 million in funding in this bill focuses on three areas--
border security, humanitarian assistance, and prevention--to meet the
most pressing needs. Of this total $659 million, $462 million is
provided to increase security and enforce our laws, boosting personnel,
and increasing detention space to the largest capacity in our history.
Part of this funding will help accelerate judicial proceedings by
increasing the number of temporary judges and outfitting all
immigration courtrooms in the Nation with teleconferencing equipment
that would allow them to be able to join in the process of adjudicating
those cases on the border. There are some 332 of those courtrooms
around the country.
We have doubled existing funding for the National Guard to bolster
their presence along our border, as they assist Customs and Border
Protection with surveillance, investigations, and humanitarian efforts.
The bill also provides $197 million to take care of these
unaccompanied children, ensuring they have proper housing, meals, and
temporary care while they are in U.S. custody.
Madam Speaker, to stave off the continued influx of illegal
immigration, the bill redirects existing State Department funding to
ensure that countries like Guatemala, Honduras, and El Salvador must
quickly accept and repatriate those returning from the U.S.
This bill draws a hard line on spending, scrubbing the President's
request to focus on the most immediate needs. It does not including
funding for longer-term needs or unnecessary programs, like cash
subsidies for coffee farmers. Any additional funding for this crisis
can and should be addressed under the regular appropriations process
for fiscal year 2015.
In addition, to make sure that this bill doesn't add a penny to our
deficit, Madam Speaker, every dollar spent here is fully offset from
somewhere else by making noncontroversial rescissions of unused, excess
prior-year funds.
Lastly, the bill includes several policy provisions recommended by
the Speaker's Working Group on the Border Crisis, led by the chairwoman
of the State and Foreign Operations Appropriations Subcommittee,
Representative Kay Granger from Texas. She will speak soon.
This includes a change in a 2008 law to ensure that all unaccompanied
minors arriving in this country are treated the same as Mexicans and
Canadians for the purpose of removal.
It also strengthens the law prohibiting immigration status to
criminals convicted of serious drug crimes and prohibits the
Secretaries of the Interior and Agriculture from restricting Customs
and Border Protection apprehension activities on Federal land on the
border, and it expresses congressional intent that detained aliens
awaiting processing should not be housed on military installations.
Madam Speaker, this is a good bill. This is a fair, sensible, and
reasonable address of the most immediate needs on the border. It also
puts in place much-needed policy changes that should stop the flow of
unaccompanied children who are being put at risk during their long,
dangerous journey through Mexico.
It is our congressional duty to quickly pass this bill in short
order. Therefore, I ask all Members to support it, and I reserve the
balance of my time.

[[Page 13754]]

[[Page 13755]]

[[Page 13756]]

Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume,
and I rise today to oppose this bill that, sadly, falls short in too
many ways.
The key Federal agencies tasked with responding to the humanitarian
crisis on our borders are dangerously close to running out of money.
These unanticipated costs are affecting the core functions at the
Department of Homeland Security and Health and Human Services. Although
the bill includes funding to hire additional immigration judicial teams
and help set up new repatriation centers in Central America, the
amounts provided are insufficient.
The Justice Department and the State Department will not be able to
handle their duties without significantly more resources. All four
departments need more funding than this bill provides and fewer
partisan immigration policy riders than this bill now contains.
Our majority unwisely included legislative language to make sweeping
changes to current law related to due process and immigration
proceedings. Controversial legislation hastily added to an emergency
supplemental is not the way to address a complicated problem.
On July 8, the President requested $3.7 billion in emergency funding.
The bill provides less than $700 million. The President requested
funding through fiscal year 2015. This bill barely covers the remaining
weeks in FY 2014, setting this House up to do this all over again in
September.
The President's request also sought emergency funding to combat a
dangerous wildfire season. As of Monday, the Forest Service reported 26
large uncontained wildfires burning in eight States. As a Member from
New York, a region devastated by Hurricane Sandy, I am acutely aware
how important it is for the Federal Government to provide a robust
response. With the House adjourning today, Federal agencies will be
left to fight August fires without more funds.
This bill also fails to provide funding to procure more Iron Dome
interceptors for Israel as requested. Hamas has used the ongoing crisis
in Israel and Gaza as an excuse to launch thousands of rockets at
Israeli cities and towns. The Iron Dome missile defense system has
proven highly effective at neutralizing the rockets.
In addition to not funding important priorities, the majority offsets
the funding that is provided with cuts to other programs. We should
provide emergency funds in a crisis situation.
Lastly, I strongly object to the majority's significant policy
changes to existing law without any hearings or markups. Three-quarters
of this appropriations bill is straight authorizing legislation.
Clearly, many factors led these desperate parents to hand off their
children to complete strangers, with the hope they make their way to
safety here.
We ought to consider the complicated policy questions and provide a
carefully considered solution, yet these policy changes reveal a knee-
jerk response coupled with another bill to deport children who are
already in the U.S.
In addition to emergency appropriations, we should consider
bipartisan comprehensive immigration reform passed by the Senate over 1
year ago, which could have helped to prevent the current humanitarian
crisis along our southwest border by increasing border security
personnel and nearly doubling the number of immigration judges.
The two measures we will consider today are deeply disappointing.
Madam Speaker, we should provide sufficient funding to cash-strapped
agencies quickly and without the baggage of controversial immigration
policy riders. I regret we will not do that with this bill, and I
regret even more the consequences of our failure.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 5 minutes to the
gentlewoman from Texas (Ms. Granger), the chairman of the Foreign
Operations Subcommittee on Appropriations, but more importantly, she
has accepted the responsibility of the Speaker to put together a task
force to investigate the problem on the border and to recommend
solutions--and she has, with great success.
Ms. GRANGER. Thank you, Mr. Chairman, for yielding.
Madam Speaker, as we speak, unaccompanied minors continue to be sent
from Central America through drug cartel smuggling networks across
Mexico and through our southern border.
Families are being lied to and manipulated by the coyotes. The $6,000
their families spend to send their children to the United States goes
into the bank account of the most powerful drug cartels in the world.
Since October, over 58,000 unaccompanied children have made the
dangerous journey to the United States, and many more will continue to
come unless we send a clear message that they will not be allowed to
stay in the United States.
I have seen firsthand the crisis that has unfolded at the southern
border in places like the Rio Grande Valley and south Texas. I have
seen the women and children sleeping on the floor of a bus station in
Laredo.
I have seen motherless infants being cared for by any stranger who is
around. I have seen the children who are alone in detention facilities
in McAllen, Texas, and I have seen the 1,200 children who are being
sheltered at Lackland Air Force Base in San Antonio, and--most
disturbing of all--I have heard the stories about the most God-awful
journey anyone should ever have to experience.
We are here today because we have a responsibility to stop this
crisis. The President has failed to lead, so I firmly believe this
Chamber must act. Doing nothing is not an option.
Since June, when the Speaker asked me to lead a working group to
provide policy recommendations on what we can do to address the crisis,
I have been to the Texas-Mexico border twice and led a codel to
Guatemala and Honduras, to see where the children are coming from and
why. I will be returning to the border tomorrow for a third time.
The members of the working group dove headfirst into this issue to
understand this crisis and provide recommendations for a short-term,
immediate response. The policies we recommended are not an attempt for
immigration reform. They are serious solutions to address this crisis.
I want to take a moment to recognize the hard work of the members of
the working group who have made policy recommendations to the
conference and the expertise they brought to the table.
I want to thank the chairman of the Judiciary Committee, Bob
Goodlatte; chairman of the Homeland Security Committee, Michael McCaul;
chairman of the Homeland Security Appropriations Subcommittee, John
Carter; chairman of the Western Hemisphere Foreign Affairs
Subcommittee, Matt Salmon; Congressman Steve Pearce from the Financial
Services Committee; and Mario Diaz-Balart from the Appropriations
Committee.

{time} 1215

One of our conclusions from the last several weeks is that Congress
should not provide more resources to the administration without
changing the policies that have led us to the situation we are in
today. Administration officials and officials in the Central American
countries have all said that we have to make changes to the Trafficking
Victims Protection Reauthorization Act of 2008. A month ago, it
appeared there was a bipartisan consensus forming on this issue.
White House Press Secretary Josh Earnest said from the White House
podium just 3 weeks ago, when discussing changes to the 2008 law, that
it is ``a priority of this administration, and if you listen to the
public comments of Democrats and Republicans, it sounds like it's a
bipartisan priority.''
I agree, and it is disappointing that the White House has backed down
from their original statements on how we can immediately address this
issue.
We are not asking for a repeal of this law. We are saying we need to
tweak the 2008 law so that all unaccompanied minors are treated the
same as Mexican and Canadian children for removal

[[Page 13757]]

purposes. The policy changes included in this bill ensure that children
receive a prompt hearing within 7 days after they are detained and
require that a judge rules no later than 72 hours after a hearing.
Accelerating the hearing times requires more judges. I thank the
chairman for including the necessary funding to hire 40 temporary
judges until this crisis is under control.
For repatriations, we are prioritizing last in-first out. That means
the last child to go into United States Government custody will be the
first one we send home. After families have spent between $6,000 and
$9,000 to send their children here, this will send a strong message to
the families in the countries of origin that their children will not be
permitted to stay. This is a message of deterrence.
I also note that Chairman Rogers has prioritized funding for Central
American countries to safely and humanely return these children,
working with these countries as we return their children, as they have
asked us to do.
With the surge of children, there has been increased pressure on our
Customs and Border Protection officials. This supplemental deploys the
National Guard to assist high-traffic States. This will free up the
Border Patrol to focus on their mission.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. ROGERS of Kentucky. Madam Speaker, I yield the gentlewoman an
additional 1 minute.
Ms. GRANGER. To fully support the Customs and Border Protection's
mission, we include a provision to allow unfettered access to Federal
lands. Right now, through a memorandum of understanding, Border Patrol
officials are only permitted to pursue suspects onto Federal lands.
They cannot do regular patrols.
Finally, the supplemental includes a sense of Congress that children
should not be detained at military bases. While this will not change
the law, this provision addresses a serious and growing concern for
Members of Congress, not the least of concerns is that children should
not be stored on military bases.
The Congressional Budget Office has given its assessment of policy
changes in this bill. They have said that, because the legislation
allows for the children to self-deport, it will lead to immediate
savings.
This is a smart, targeted bill that addresses the crisis immediately.
I urge my colleagues to vote ``yes'' on the supplemental and show the
American people that we are going to end this crisis.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from Connecticut (Ms. DeLauro), the distinguished ranking
member of the Labor, Health and Human Services Subcommittee on
Appropriations.
Ms. DeLAURO. Madam Speaker, I must rise in opposition against this
irresponsible and insufficient border supplemental.
For months, Democrats have urged this majority to pass comprehensive
immigration reform--the bill that was passed on a bipartisan basis in
the United States Senate--reform that reflects our values and the
country that we want to be: one with strong enforcement at the border,
the deportation of dangerous criminals, and a path to citizenship that
protects workers, helps families reunite, and clears backlogs.
But this Republican majority has done nothing. They have refused to
act. My colleague from Texas is right--doing nothing is not an option.
Now we face a humanitarian crisis on our border that demands an
immediate response, but the majority's answer is just to send home the
children who enter our country alone regardless of the violence and the
imminent danger that they face.
This bill only includes $197 million for providing shelter and care
for these refugee children. While these kids are here, we have a moral
and, yes, we have a legal responsibility to provide for their housing,
care, and processing in the most cost-effective way possible. This
insufficient amount will mean that HHS will have to make up the
difference through high-priced, short-term contracts. That will cost us
more in the long run, and it could result in cuts to other priorities,
like education, health, medical research, and job training.
If Congress tries to make up these shortfalls elsewhere, this is not
responsible leadership. Our policy, signed into law by President George
W. Bush, provides for the appropriate screening of those who may be
victims of trafficking, and that rightly includes unaccompanied
children. This supplemental appropriation would change this policy and
would almost certainly result in children being returned to the
violence that they are desperately trying to escape.
America can do and should do better. We should help protect those
kids who are in serious danger, and we should push the leaders of these
nations to address the root causes of why so many of their citizens are
fleeing. We should pass comprehensive immigration reform. It is time
for leadership from this Republican majority.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Carter), the chairman of the Appropriations
Subcommittee on Homeland Security.
Mr. CARTER. Thank you, Mr. Chairman.
Madam Speaker, it is a proven fact that lawlessness breeds
lawlessness, and, sadly, I believe this assertion sums up the issue
that is confronting us today.
Thanks in large part to the President's political decision not to
enforce our immigration laws, a chaotic situation has erupted into a
national security crisis and a law enforcement nightmare along the
border.
We all know the facts:
An estimated 90,000 unaccompanied alien children will cross into
south Texas' Rio Grande Valley by the end of this fiscal year. Another
145,000 children are estimated to flood the border in fiscal year 2015.
And these staggering figures do not include the tens of thousands of
families who will also surge across our border over the same period of
time.
As a result of this influx, our brave Border Patrol agents, CBP
officers, and ICE agents are spending countless hours in caring for
children rather than focusing on their primary enforcement missions.
This would be tragic if it weren't so preventable.
Madam Speaker, we do not have an open border policy in this country,
and as we tragically learned on 9/11, border security and the integrity
of our immigration system truly matter to our Nation's security and the
rule of law. So, today, we offer a strong but initial step to provide
both the right tools and the right authorities to address and deter
this seemingly unending influx of illegal aliens.
Included in this package is $405 million, completely offset by
recovered funds, for the Department of Homeland Security, funds that
will enable the CBP and ICE to enforce our laws and apprehend, detain,
and deport illegal aliens. Perhaps most importantly, this bill fully
funds the administration's realization that detention is, in fact, a
necessary deterrent to illegal immigration.
The President requested funds to fully support the long-mandated
annual bed capacity--a complete reversal from his budget request in
which he proposed, instead, to reduce detention beds by nearly 10
percent. The President has also retracted his policy on the detention
of families who illegally cross the border. This bill provides funding
through the end of the fiscal year to support 34,800 detention beds and
an additional 6,320 family detention beds--a total of over 41,100
detention beds--to enable the necessary consequence management for
breaking the law.
Lastly, this bill includes policy changes to bring reform and parity
to the adjudication and reparation of these children and to prevent
these children from being placed with criminals.
Madam Speaker, we must act and we must act now. Lawlessness has bred
lawlessness, and we must act to stop it and to secure our borders. I
urge my colleagues to support this strong bill.

[[Page 13758]]

Mrs. LOWEY. Madam Speaker, I am pleased to yield 4 minutes to the
gentleman from North Carolina (Mr. Price), the ranking member of the
Homeland Security Subcommittee of Appropriations.
Mr. PRICE of North Carolina. Madam Speaker, I rise in strong
opposition to this misconceived and under-resourced legislation.
For a while, it looked like we might do better than this. As the
ranking member of the Homeland Security Appropriations Subcommittee, I
was pleased to take part in a delegation to Guatemala and Honduras,
ably led by Chairman Kay Granger. But as successive versions of the
Republican bill have surfaced over the past 2 weeks, in an apparent
quest for votes only among Republicans, they have reflected less and
less of what we learned on that trip.
The bill under consideration provides less than $1 billion for the
Departments of Homeland Security, Health and Human Services, Justice,
and State--far below the President's request, what is being considered
by the Senate, or what is required to deal with the crisis on our
borders and beyond.
The bill only provides funding for anticipated needs for the
remainder of this fiscal year, a mere 2 months. I would object to that
less if the majority had any plans for actually completing our
appropriations bills before the end of September, but we all know that
they do not. Indeed, it appears unlikely that our Homeland Security
Appropriations bill will make it to the House floor.
The approach taken in this legislation shows a fundamental
misunderstanding of the issue before us. This isn't a border security
crisis. This is a humanitarian crisis. We don't need to deploy the
National Guard or surge our border capacity, because we are not failing
to catch individuals as they cross. In fact, these young people are
turning themselves in!
Now, we do have some agreement on the need to expedite the
consideration of the claims of these minors for asylum or other forms
of relief. But at $12.9 million, the House bill falls far short of even
the administration's modest request for more immigration judges.
Instead of focusing on this area of agreement, the majority relies
upon a questionable and controversial rewriting of the Wilberforce law,
enacted in 2008 to deal with child trafficking. My own view is that the
Cuellar-Cornyn proposal incorporated in the bill both fails to address
deficiencies in our present screening of Mexican youths for signs of
torture or fear of persecution, and risks transferring these
deficiencies to the treatment of Central American children. In any
event, it is not wise to complicate or delay the consideration of this
emergency supplemental request with an authorization bill that surely
requires more deliberation.
Madam Speaker, there have been some recent signs of progress down at
the border. Over the past few weeks, the average daily apprehensions of
unaccompanied children have dropped from 400 to well under 200. That
doesn't mean the crisis is over. We can easily see another spike in
apprehensions in the coming weeks.
We need a bill that both provides resources and reflects our values.
Faith leaders of all traditions across the country are calling on
Congress to provide the social and health services these children
desperately need.
Perhaps the greatest failing of this legislation is that it fails to
move us toward any viable, long-term strategy to address the causes of
the current crisis. Beyond any funding we appropriate to help manage
the flow of unaccompanied children or families over the next several
months, we are setting ourselves up for similar crises in the future if
we aren't willing to invest in a long-term strategy to help Honduras,
Guatemala, and El Salvador--the three countries that are the source of
the vast majority of unaccompanied minors--to stabilize their
economies, to modernize their institutions, to reduce the levels of
violence and the grip of the drug cartels and street gangs.

{time} 1230

Madam Speaker, I fear that the bill before us fails to address either
short-term or long-term needs, and much of what it does contain is
irrelevant to the current crisis.
Madam Speaker, I urge a ``no'' vote.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. McCaul), who chairs the Homeland Security
Committee of the House.
Mr. McCAUL. Madam Speaker, let me thank the chairman of the
Appropriations Committee for his hard work and Chairwoman Kay Granger
for heading up this task force that I was honored to be a part of.
As the chairman of the Homeland Security Committee and a former
Federal prosecutor who has dealt with the border for many years, I have
never seen a crisis quite like this one. This crisis demands action. It
demands leadership, and it demands a solution to the problem.
Since the President enacted DACA in 2012, we have seen 60,000
unaccompanied children cross into the border, in the Rio Grande Valley
sector of Texas alone, 250 per day.
We went down there to see these children. These children are the
victims caught between the administration's policies and the coyotes
and the traffickers who exploit them and make money, between $5,000 to
$10,000 apiece.
Madam Speaker, this bill fixes that crisis. First and foremost, this
changes the 2008 trafficking law as a message of deterrence. This
crisis will not stop until we start sending them back, and all this
does is it treats Central Americans the same way we treat Mexicans. It
will provide for swift removal in a humane way back to their countries
of origin.
It is unfortunate that the administration, while initially
supportive, has now flip-flopped on that issue.
It also provides for the detention, removal, and repatriation of
these children.
For me and my home State of Texas, importantly, it calls for the
deployment of the National Guard to the southwest border to secure our
border. My Governor, Governor Perry, has already activated the National
Guard. But it is the Federal Government's responsibility, under the
Constitution, to pick up that price tag, and that is precisely what
this bill does.
Finally, Madam Speaker, I think, importantly, it directs the Southern
Command, our military, to help secure the border between Guatemala and
Mexico, which I believe, and I know the chairman of Appropriations as
well believes, is a key to stopping the flow out of Central America.
Madam Speaker, the time to act is now.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from California (Ms. Roybal-Allard), a member of both the
Labor, Health and Human Services, and the Homeland Security
Subcommittees.
Ms. ROYBAL-ALLARD. Madam Speaker, 2 weeks ago, I visited the border
and saw small children held in tiny cells and forced to sleep on cold
concrete floors and benches. The treatment of these vulnerable kids,
many of whom fled their homes to escape extreme violence, shocked me as
a mother and as an American.
Unfortunately, this bill contains only 11 percent of the resources
the President requested for the Department of Health and Human
Services. This paltry amount will only make conditions worse for these
vulnerable children by limiting the Department's bedspace capacity and
exacerbating delays in transferring children away from the overcrowded
Border Patrol stations into the more suitable conditions of HHS.
Unfortunately, insufficient funding isn't the only flaw in this bill.
By treating all children the same, the majority means taking away
protections and treating Central American children like Mexican and
Canadian children who have limited protection under current law.
This legislation sadly undercuts the current critical humanitarian
and due process protections for these desperate children seeking safe
haven from the horrors of violence in their country.

[[Page 13759]]

Without due process, many of these children who would qualify for
protection under our laws will be returned straight into the arms of
the traffickers or their impoverished violent neighborhoods. That is
why, national antitrafficking organizations like the Alliance to End
Slavery and Trafficking strongly oppose this bill.
Madam Speaker, the Republican supplemental is an irresponsible and
inadequate bill that does little to protect our borders or address the
humanitarian crisis facing our Nation. The bill is a senseless and
deeply flawed political ploy that my Republican colleagues know will be
rejected by the Senate.
Instead of playing political games, let us act in the best interests
of our country and these kids by passing a bill that upholds our
American values, honors our heritage as a nation of immigrants,
protects our borders, and fully addresses the causes and consequences
of the humanitarian crisis on our border.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Pennsylvania (Mr. Dent), a member of our committee.
Mr. DENT. Madam Speaker, I rise in very strong support of this border
security legislation presented to us today, for a number of reasons.
It does provide for humanitarian assistance. This legislation does
deal with this issue in a compassionate, thoughtful way to deal with
the unaccompanied children. It secures the border, provides for funding
for the National Guard, and it does many other things, too, in terms of
policy changes that would treat these children just as we would treat
unaccompanied children who cross the border from Canada or Mexico. It
is the right policy for a whole host of reasons.
Just last week, Congressmen Gerlach, Meehan, and I visited an Office
of Refugee Resettlement program in Womelsdorf, Berks County in
Pennsylvania, and those children are treated compassionately.
But let me tell you what will happen if we do nothing here today. The
children who are coming into my district in Womelsdorf, and also in
Allentown, where I will be visiting a center tomorrow, these children
will, in fact, keep coming into our communities and they will be
treated humanely. Then they will be resettled and reunited with parents
or family members who are already in the United States and, in most
cases, here unlawfully.
That is what doing nothing means. The children will keep coming. They
will be resettled throughout the country, and they will basically
reside somewhere within the interior of this country. That is what
doing nothing means. It would be reckless and irresponsible for the
House to walk out of here today without addressing this border and
humanitarian crisis.
This bill is the right thing to do. It secures the border, provides
humanitarian assistance, and it makes the necessary policy changes to
stop this flow of children.
This is a tragedy that these children are leaving their countries in
this way. I can't imagine the desperation these families must feel,
that they would let their children travel with somebody unaccompanied,
drug dealers and cartels and human smugglers, coyotes. It is
unthinkable. We need to make sure this stops. Many children aren't
making it along the way.
I met with a 5-year-old girl who told me her horrible story, and I
shudder to think of the children who didn't make it.
That is why we need to act today. It is the right thing to do, it is
the compassionate thing to do, and it is in keeping with our American
tradition.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Maryland (Mr. Hoyer), the minority whip of the House.
Mr. HOYER. I thank the gentlelady for yielding.
Madam Speaker, I was going to ask my friend from Pennsylvania whether
he had talked to the Senate and thinks this has any chance of moving
this week; and the answer I think I would give is no, it does not. So I
agree with him. It would be tragic not to act.
It is tragic that we are acting in a partisan fashion, which almost
ensures inaction on this, the last day that we are going to be here. We
should be acting in a bipartisan fashion, as I have urged the majority
leader to do.
What is a bipartisan fashion?
A, considering the emergency need today and funding the resources
necessary to respond to that; B, taking under consideration the
substantive legislative changes that can be affected that will help
this issue, will send the messages that the gentleman wants to send.
He is my dear friend and a good Member of this body, but I will tell
you, this bill has had no hearings, no committee consideration. Yes,
there was a partisan task force, but this has had no consideration in
this legislative process.
The majority leader, last week told me that there would be no bill
that did not get 72 hours' notice. The gentleman knows you have a bill
on the floor, which is contingent, of course, on the passage of this,
which has had a few hours' notice, at best. Last night, I think at 10
o'clock the Rules Committee met on DACA.
So I will tell my friend that, had we acted in a bipartisan fashion,
A, at whatever level of funding we could agree, pass a bill to meet the
immediate crisis, B, have hearings on the ramifications of the law that
passed with only two votes in opposition--over 405 Members voted for
the 2008 legislation. We are changing that without a hearing either in
subcommittee, committee, or full committee. That is not the way we
ought to be working. That is not good for our country. It is not good
for this institution. It is not fair.
I would urge my colleagues to defeat this legislation.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. I yield the gentleman an additional minute.
Mr. HOYER. I believe, once again, we find the Republican Party
divided. Because they are divided, they are trying to cobble together
some of their hardest-line Members so that they can get them to vote
for this supplemental.
And they put on a bill which has had no notice to the American people
or to Members of Congress. It is ironic that people are supporting this
who demanded that we read the bills. There was no bill to read until
this morning.
How sad for the American people. We have a humanitarian crisis that
must be addressed without delay, and the way to address it without
delay is to give the resources necessary and then pursue the
legislative process, not together. It will slow it down, and I predict
it will not pass the Senate. I think the gentlemen and ladies on this
side of the aisle know that the Senate is not going to pass this bill.
So if you really think we ought to act now, do so in a bipartisan
fashion, and then let us debate the legislation before us.
Mr. McCaul just said this is a real crisis. He just said it just
minutes ago, Mr. McCaul, the chairman of the committee. This is a real
crisis which demands action. The recommendation that has been made to
us will undermine action by this body in the face of crisis. We should
not pass this legislation. We ought to pass a very simple resource to
the crisis now and legislation later.
I urge my colleagues to vote ``no.''
Mr. ROGERS of Kentucky. Madam Speaker, I don't know where the
gentleman gets his information, but this bill was filed Tuesday.
You have had since Tuesday morning to study this bill, and that is
the appropriate--under our rules, that is the appropriate time.
Mr. HOYER. Will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Maryland.
Mr. HOYER. As I understand it, the DACA legislation is dependent upon
this legislation. That was not filed 72 hours ago.
Mr. ROGERS of Kentucky. That is not this bill. Reclaiming my time,
this bill has been available to you since Tuesday.
Madam Speaker, may I inquire of the time we have remaining.
The SPEAKER pro tempore. The gentleman from Kentucky has 10\1/2\
minutes remaining, and the gentlewoman

[[Page 13760]]

from New York has 14 minutes remaining.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
distinguished gentleman from Pennsylvania (Mr. Fattah), the ranking
member of the Commerce, Justice, and Science Subcommittee.
Mr. FATTAH. Madam Speaker, we are here because the President of the
United States has requested an emergency supplemental appropriations of
about $3.7 billion. The Senate has acted in the range of about $2.7
billion. The House now comes in at one-sixth of the request to deal
with this crisis. It ignores the wildfires in the West, the challenges
that relate to other parts of the bill that were presented by the
administration, and it says we are acting responsibly.
I rise in opposition to the bill. I understand what the majority is
offering, and I think it has been stated pretty clearly.
I believe, if we have children who are presented to us without
adults--who have been the victims of trafficking, which is what the
majority has said, they have been trafficked by cartels and paid
criminal enterprises to bring them to our border; the majority says
some of them have been sexually abused and mistreated in other ways--I
don't believe that our response should be to close the door.

{time} 1245

So as we think about our responsibilities as the United States of
America, a Nation that had 12 million people without documents when the
President was sworn into office--50,000 children, just like the 5-year-
old girl that my colleague said he met and talked to--the idea that our
moral responsibility is to say to her, ``You go back to where you came
from,'' I don't believe that that is what we should be doing.
So I reject this--not because of the numbers or the other things. I
think this is morally deficient, that our great country would say, as
we demand other countries around the world take in refugees who are
facing dangerous circumstances, that what our answer is, No, not here.
Not in our backyard.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Virginia (Mr. Goodlatte), the chairman of the House
Judiciary Committee.
Mr. GOODLATTE. I thank the gentleman from Kentucky for his leadership
on this issue.
Madam Speaker, I urge my colleagues to support H.R. 5230. There is a
crisis at our border. It is a crisis, a disaster of the President's own
making.
The Obama administration's lax immigration enforcement policies have
given confidence to parents who are in the U.S. illegally that they can
stay, and now they are finding ways to bring their children, who are
still in Central America and beyond, to the United States unlawfully.
Although President Obama has many tools at his disposal to stop this
surge at the border, he refuses to use them, and instead proposes to
make the situation worse by taking more unilateral actions to stop the
enforcement of our immigration laws.
It is ultimately up to President Obama to end this crisis by
reversing his policies that created it. However, since he refuses to do
so, we have to act to the extent we can to provide narrow and targeted
funding to meet the immediate needs of our law enforcement agencies at
the southern border. We have to enable them to do their job, to secure
our border, and enforce our immigration laws. And we should act to
provide narrow tweaks to the 2008 law regarding the removal of
unaccompanied alien minors.
Because of the President's inaction, we are taking the responsible
step today of passing these narrow fixes that will help the American
people avoid billions of dollars in additional costs due to the
President not trying to solve this problem but asking for more money to
continue to resettle thousands and thousands, tens of thousands of
people into the interior of our country.
While the bill is not perfect, it does give law enforcement many
tools they have requested. For example, while I was in the Rio Grande
area earlier this month, Border Patrol agents cited administration-
created restrictions that bar them access to Federal land as a
significant stumbling block to securing the border. One of the most
important provisions of this bill gives Border Patrol agents access to
Federal lands so they can stop drug traffickers, human smugglers, and
unlawful immigrants from exploiting these gaps along the border.
Since the President isn't taking serious action to address the crisis
at the border, the House is doing so today, and I urge my colleagues to
support this bill.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
distinguished gentleman from California (Mr. Becerra), the chair of the
House Democratic Caucus.
Mr. BECERRA. I thank the ranking member for yielding.
Madam Speaker, I agree with those who have said that doing nothing is
not an option. But making matters worse should not be an option either.
Stripping children of the chance to establish their credible fear of
death or endangerment is a crude and cold way of dispensing justice in
America. That is not the American way.
This bill is a patch, not a solution. It lasts 2 months. So we will
be right back here, trying to solve this challenge again, in September.
Governing and budgeting in pieces is what leads to government
shutdowns. That is not the American way.
This bill robs Peter to give to Paul. How does this bill fund the
money to pay for the border work that has to get done? First, it strips
emergency funding to tackle devastating wildfires that the President
has requested because the States have requested it. Second, it takes
$407 million from the Federal Emergency Management Agency's disaster
relief fund, money which would be used to help people who have been
devastated by wildfires and other natural disasters.
Madam Speaker, if we had passed immigration reform a year ago with
the bill that passed the Senate on a bipartisan basis--which on this
floor, we have been denied a vote on for more than 380 days--we would
not be looking at a crisis on the border the way we are today. But that
is the difficulty we have.
When you don't fix the broken immigration system, this is what you
encounter. And these piecemeal approaches aren't going to solve
anything. We are going to be right back at it in September. That is not
the American way. We provide justice to people. We make sure we
dispense it the way we should, and we take care of our emergencies.
Let's get this done the right way. Let's do two things: let's give
the emergency funding that the people need at the border to run this
process right, and then let's finally on the floor of this House have a
vote to fix a broken immigration system.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Salmon), a member of the Speaker's task
force that investigated the border problem.
Mr. SALMON. Madam Speaker, I rise in strong support of the Secure the
Southwest Border Act of 2014.
This kind of came to light a few months ago when The Arizona Republic
published a story that these families were being dropped at bus
stations in Tucson and Phoenix. Then it highlighted the current
administration's catch-and-release policies that are encouraging
literally swarms of people to come across the 1,500-mile desert of
Mexico into the United States, risking life, risking their happiness.
And the fact is, we can't keep doing nothing. This bill will stop
these waves and waves of people from coming across our border.
As we went over to Guatemala and we went to Honduras and we talked
with our State Department folks, that is exactly what they said: You
have got to make it clear that we move from a catch-and-release policy
to a detain-and-deport policy. And that is what this bill does. If we
want to send a

[[Page 13761]]

strong message to people that that $5,000 to $8,000 that they are
paying to these thugs that are transporting across the border and
hurting these young boys and girls along the way and then holding them
for extra money, extorting their parents, that if we want to stop this
from happening and stop the pain that is going on with these children,
then the best thing that we can do is to send a clear message that in
America, there are no permisos--permits, permissions; if you make that
journey, you are going to be sent back to your country. That is the
only thing that is going to make it happen.
Now, our liberal friends, they want to just throw more money at the
problem and perpetuate the problem. They want it to keep happening. I
say that is not compassionate. I say continuing that pain and that harm
to these children is not a good thing to do, and the way to stop it is
to send a clear message.
We have got folks on my side of the aisle that have problems with the
bill. What do they have a problem with? Nothing inside the bill. Not
putting the National Guard on the border, not stopping the catch-and-
release programs, and not giving unfettered access to our Border
Patrol. They can't come up with a good reason to vote against it. They
are playing right into Harry Reid's hands.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROGERS of Kentucky. I yield the gentleman an additional 1 minute.
Will the gentleman from Arizona yield?
Mr. SALMON. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Do you understand that the experts have told
us that if we do nothing, if we don't change the law, that another
145,000 people will be with us next year alone? Is that not correct?
Mr. SALMON. That is what I understand.
I also understand that conservative estimates indicate it is going to
cost $2.6 billion a year to care for just half of the nearly 60,000
that are already here. We are talking about billions and billions of
dollars, not to mention the fact that these children are being sexually
molested along the way, that they are being killed along the way, that
they are being sold into slavery, and we can stop it.
Mr. ROGERS of Kentucky. Just focusing on the money part of this, the
gentleman from Arizona is saying, if we don't change the law, we can
expect to pay another few billion dollars a year----
Mr. SALMON. Just to care for those kids.
Mr. ROGERS of Kentucky. To care for that continuing stream of people
coming across?
Mr. SALMON. Right.
And, Mr. Chairman, I can't understand how any conservative in good
conscience would not want to stop that hemorrhage and make sure that we
are not spending those billions of dollars that should be going to pay
down our Federal debt.
Mr. ROGERS of Kentucky. Well, I would think that not only
conservatives would like it, but that everybody would like that kind of
savings.
Mr. SALMON. I think so too.
Mrs. LOWEY. Madam Speaker, I would just like to say to the
distinguished chairman, I would have liked to have heard from these
experts in hearings. Unfortunately, the majority has not had hearings,
and we are bringing this bill to the floor without any hearings,
without any witnesses, and without any information.
Mr. ROGERS of Kentucky. Will the gentlewoman briefly yield on that
point?
Mrs. LOWEY. I would be delighted to yield to the gentleman from
Kentucky, if I have the time.
Mr. ROGERS of Kentucky. The 145,000 additional people coming across
the border, that number came from the Department of Homeland Security.
So those are governmental estimates, if we do nothing on the law
change.
I thank the gentlewoman for yielding.
Mrs. LOWEY. Madam Speaker, I would also like to say to our
distinguished chairman that it would have been helpful in having an
analysis of the current statistics and the future prospects at
hearings. But we are bringing this bill to the floor. The majority is
bringing this bill to the floor without any hearings, without any
discussion. This is really not the way to pass important legislation.
And, again, we had a bill. We could have had comprehensive
immigration reform that passed the Senate in a bipartisan way.
I am now pleased to yield 1 minute to the gentlewoman from California
(Ms. Pelosi).
Ms. PELOSI. Madam Speaker, I thank the gentlewoman for yielding, the
ranking member on the Appropriations Committee, who, from day one of
knowing about this challenge that we have with the children at the
border, has reacted in a very wise, humanitarian--yes--and practical
way as to what the best way is to address the challenge, honor the
values of our country, and save the children.
I was interested in the back and forth between the distinguished
chairman of the Appropriations Committee, Mr. Rogers, and our ranking
member on the subject of the change in the law that is in the
legislative language that is in this supplemental, because I agree with
our distinguished whip, Mr. Hoyer, and other who have said: There are
two things happening here. We need to address the humanitarian
challenge. We need resources to do that for particular purposes. And we
should do that in the supplemental.
Another is to change the law, which we shouldn't do in a
supplemental. It is legislating on an appropriations bill in a manner
in which all kinds of statements can be made which may be anecdotally
significant but not significant in terms of the difference that they
make, a difference enough to change the law.
So when people talk about witnesses in one context or another, just
saying something on the floor of the House, it is interesting. But
there should be hearings. If we are going to change the law, there
should be hearings where testimony can come forth, be challenged,
confirmed, whatever it may be. But a serious discussion worthy of the
country that we are, worthy of the Congress that passed the Wilberforce
law, which was a very bipartisan initiative. And I salute my Republican
colleagues who played such an important role in passing the bill. And
that bill directed agencies of government to incorporate
antitrafficking and protection measures for vulnerable populations,
particularly women and children, into either post-conflict or
humanitarian emergency assistance and program activities, according to
the law.
There was a purpose for the law. But with a phrase in an
appropriations bill, we want to undermine that purpose. That is not
necessary to do here. Why does this belong in a bill where we are
allocating resources to meet a humanitarian challenge that we have?
Now let's get to what is in the actual supplemental.

{time} 1300

I had hoped that we could work in a bipartisan way, and I thought
that is the path we were on. The Republican majority wanted to decrease
the amount of resources and the amount of time--well, that is
commensurate, if it is a lower amount of money and a shorter period of
time, that is okay, but when you change what that money is for, then
you are doing a disservice to the entire issue.
Instead of providing adequate resources to meet the humanitarian
needs--the immediate humanitarian needs--largely of these children,
that is just totally inadequate in this legislation, in terms of its
proportionality in the bill, whether it fails to provide any resources
for legal assistance to these children to plead their case.
They may have a legitimate cause for asylum--refugee status to come
into the United States or not, but they should be represented, and they
should be represented in a way that repatriates them back to their home
country, if they do not qualify in a way that is safe. This legislation
does not do that.
The American people are fair-minded, they are wise, they are
practical, and they want to help, but they want to do so in a way that
is fair to everyone involved. They want to feed the

[[Page 13762]]

children. There are not enough resources here to do that with the
humanitarian side. They want us to honor who we are with due process
for these children. This legislation does not do that.
They want to have judges to quickly facilitate giving these people a
hearing, in addition to the representation that they should have due
process. The bill does not. It tramples due process to rush terrified
children back to the violence of their home countries.
That is not who we are as a country, and it also poses a particular
danger to children victims of gang violence and human trafficking,
which takes us right back to the Wilberforce bill--human trafficking.
It is a global crisis. It is happening at our border.
We have a bill to stop it. This legislation on the floor today
weakens that and then, in a manner of distribution of funds and paucity
of funds, does not address the challenge. It takes us backward. It is
hard to understand.
Now, what we should be talking about, what Mr. Tierney suggested, how
do we help communities that are receiving these children into their
communities and our country? Again, how do we help? This bill hurts.
Madam Speaker, in addition to this--I guess the way you were able to
get the votes for this bill--which is even opposed by people who are
anti-immigration because it is not bad enough--was that you had to
sweeten the pie by having a followup bill that would only be taken up
if enough of your Members agreed to vote for this bad bill, and that
again does not address who we are as a country.
We are a great country because we are a good country. Others have
said that as long ago as 200 years ago or longer, so let us be good and
let us be great, and let us do something that really was closer to what
the Republicans were talking about earlier in this discussion. It seems
that in order to get more votes, you had to make the bill worse; the
worse the bill, the more votes on the Republican side.
No, let's find common ground in the middle, where we can get the most
votes to do the best possible job that we can do. It may not be every
good thing we would ideally like to do, but it is a reasonable place to
go forward to honor what the national Catholic Conference of Bishops
have talked about, where all the people of faith are urging us to do
here in the Congress and the United States, and that is to honestly
respect the dignity and worth of all of these children, all of them
children of God.
I get mocked for quoting what the bishops have said because it is so
generous to the children, but let's give the children a fair shot.
Let's do better than this, and you know that this bill isn't going
anywhere, so once again, it is a waste of time. It is not a statement
of values. It is a statement of meanness.
The Republican bills responding to the humanitarian crisis at the
southern border are the latest evidence of their breathtaking
extremism.
The Republican proposal is unjust, inhumane and abhorrent to our
values as a nation. Their supplemental:
Fails to provide any resources for legal aid to children with
legitimate asylum claims;
Does not authorize enough judges to adjudicate extensive case
backlog;
Tramples due process to rush terrified children back to the violence
of their home countries; and
Poses a particular danger to child victims of gang violence and human
trafficking.
To coax their party into voting for even that much, Republicans are
also teeing-up a vote to bar any adjustment or expansion of DACA.
No additional relief for children and students;
No relief for parents of DREAMers;
No relief for parents of young U.S. citizens; and
Certainty that we will continue to tear apart immigrant families.
It is appalling that Republicans' price for doing next-to-nothing for
vulnerable children is the opportunity to vote against the young
immigrants who want nothing more than a future in the only country they
have ever known.
We should be acting on comprehensive immigration reform, but this
Republican Congress is allergic to meaningful solutions.
Mr. ROGERS of Kentucky. Madam Speaker, may I inquire of the time
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 5\1/2\
minutes remaining. The gentlewoman from New York has 8 minutes
remaining.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from California (Mr. Farr), the ranking member of the
Agriculture Subcommittee of the Appropriations Committee.
Mr. FARR. Thank you, Madam Ranking Chair, for yielding.
I rise, Madam Speaker, on this bill with great concern. I am bringing
a lot of passion to this debate because I lived in the barrios like the
ones the children are coming from when I was a Peace Corps volunteer in
Latin America, very violent barrios.
Look, this is not a border crisis. It is not a border security issue.
This is a humanitarian crisis, and it is caused by problems on both
sides of the border. Our country has a lot at fault here because we
have not addressed comprehensive immigration reform, which means we
have 11 million people living in the United States undocumented.
They are essentially incarcerated in this country. They are not
allowed to go home because the minute they go home and try to get back
to the United States, they get arrested, and they are not allowed to
ever return, or they are barred for 10 years from returning.
So what happens, Madam Speaker? They have been living here for years
and years. They have children that they left because there were job
opportunities here, and those children are now living in places that
are really dangerous, and all of a sudden, yeah, things have changed.
They have got to get out.
These countries are ranked number one, four, and five of the highest
murder rates in the world. They leave them because there are real,
serious humanitarian crises. They are showing up on our border. They
are not sneaking across the border.
There is nobody having to go out there for these kids trying to sneak
in. They are throwing themselves--help me, help me find my relative, my
dad, my parent, my mom--in this country.
What does this bill do? It doesn't address the humanitarian problems
at either end. It hires more cops and puts military in there, National
Guardsmen.
Now, if that is such a great idea, why is California--with probably
the busiest border in the world with Mexico--not putting its National
Guard down there? Our Governors and our mayors don't think it is
necessary.
Madam Speaker, why are we putting more money in for National Guard?
We don't need the National Guard. We need Red Cross--it is a
humanitarian crisis--Red Cross. No, we are putting more and more money
for arms and more money for military and cops. I don't think that is
the right answer.
We are also doing something really dumb. We are stripping a law now
that says when we give money to these countries--by the way, before you
spend this money on your cops and on your military, you have got to vet
them. We have a human rights standard. This bill throws that out.
You don't have to do that now. We are going to give you $40 million
of American taxpayer money, and you don't have to do anything to abide
by human rights. Now, that is really dumb, and I don't think American
taxpayers want their money spent that way.
Madam Speaker, I am going to call upon my colleagues here not to come
down here and think of themselves in a partisan way or an election year
way, but come to this floor when you have to vote on this bill and
think of yourself as a parent, as a neighbor.
A kid has knocked on your door, and you go to the door and say: Oh,
my God he is crying, or she is crying. You say: What happened? They
say: In my house, they are raping people and killing people, and I am
running away. This bill says: Oh, what is your address? I will take you
home.
Don't vote for it.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Cuellar).

[[Page 13763]]

Mr. CUELLAR. Madam Speaker, I support full comprehensive immigration
reform, but today's vote on this supplemental appropriation bill is to
provide funding to ICE, Border Patrol, and other agencies to deal with
the humanitarian crisis on the border, an area that I represent, an
area where I live, an area where 42,000 out of the 58,000 unaccompanied
kids have crossed.
The policy change in this bill is to get rid of a loophole in the
2008 law that the smugglers in Central America and Mexico have taken
advantage of. All due process and legal protections are left intact
under this proposed bill.
You will see under a CRS report that compares the current law to
today's bill, you will see that the same due process and the same legal
protections are left intact. In fact, I respectfully ask my colleagues
in opposition to show me specifically where there is due process and
legal protection that is taken away out of the bill. I yet have heard
where it does this.
Madam Speaker, I have also asked my colleagues in opposition
respectfully to sit down with me and offer their alternative solution
or their legislative proposal to this border crisis and have yet to
hear those solutions.
In this appropriation bill, we have to provide the funding to the
Federal agencies to provide an early border, but we can no longer
afford to play defense on the 1-yard line called the U.S.-Mexico
border. We need to play defense on the 20-yard line, and this is why
working with the Central American countries and working with Mexico to
address the core issues and to fix and to fight these smugglers is
vital.
I want to thank the men and women on the border that have defended
our homeland, and I want to thank the border communities, the churches,
and the nonprofits that have done so much to help these folks at the
border. In fact, I want to thank the chairman for allowing a provision
for the border communities to seek reimbursement for the allowable
expenses under this bill.
We cannot leave Washington today without putting the resources and
the policy change to address the border crisis. We are sent here to
address not the easy problems, but to address the hard problems.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROGERS of Kentucky. I yield the gentleman an additional 1 minute.
Mr. CUELLAR. I thank the Chairman.
Madam Speaker, we are sent here to Washington not to address the easy
problems, but to address the difficult problems that this Nation is
facing. When President John F. Kennedy was faced with a very difficult
crisis, he said:

I am not looking for a Republican answer or for a
Democratic answer. I am looking for the right answer.

I think today, in a bipartisan way, we need to look for that right
answer. I urge ``yes'' on this supplemental appropriation bill.
Mrs. LOWEY. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from California (Ms. Lee), a member of the Labor, Health,
and Human Services; and Foreign Operations Subcommittees.
Ms. LEE of California. Let me thank our ranking member on
Appropriations, Mrs. Lowey, for yielding and for her steadfast
leadership.
Madam Speaker, I rise in strong opposition to this woefully
inadequate Republican response to the humanitarian crisis along our
border. Let me start by saying that as an appropriator, I am very
troubled by the shamefully inadequate funding levels and misguided
offsets in this bill.
I am also deeply concerned by the dangerous policy riders that strip
protections for vulnerable children--protections signed into law by a
Republican President, mind you.
Let's be clear. This crisis has nothing to do with the lack of
funding for immigration enforcement. We don't do anything to help these
children by pouring tax dollars into the further militarization of our
border, and that is exactly what this bill does.
Madam Speaker, our response needs to put children first. In a hearing
by the Congressional Progressive Caucus this week, we heard firsthand
from Central American children who had fled violence in their home
countries and who had passed through our broken detention system.
These children and thousands like them risk their lives on their way
to this country. Some had witnessed murders and gang violence in their
home countries and suffered freezing conditions and inadequate
nutrition while in detention in the United States.
These stories were chilling and made clear where we need to direct
our resources: humane care, access to due process, and support to end
the violence and poverty plaguing Honduras, El Salvador, and Guatemala.
Now, no one disagrees with protecting our borders, but come on, we
also have a duty to protect these children who, according to the United
Nations High Commission on Refugees, 60 percent of whom were
interviewed, these children need international protection.
My home district makes up Alameda County, where over 200 of these
children have been reunited with their families locally. Their stories
are real, and their stories are very, very powerful, so I urge a ``no''
vote.
Let's guarantee due process for these children who are fleeing
violence. Let's have a heart.
Mr. ROGERS of Kentucky. May I inquire of the gentlewoman from New
York if she has further speakers? I am prepared to close. If the
gentlewoman has one additional speaker, then I reserve the balance of
my time.

{time} 1315

Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume
because before I turn to my colleague, the gentlewoman from California
(Ms. Lofgren), the ranking member, an expert on immigration on the
Judiciary Committee, I just want to make one statement again.
The Senate, after months of hearings, passed a bipartisan
comprehensive immigration reform bill. It is really very sad that today
we can't get together, Democrats and Republicans, and review the work
that had been done by the Senate and pass a comprehensive immigration
reform bill that would have prevented the emergency that we are trying
to address today. The majority of the bill that is included in the
supplemental should have been done through a thoughtful committee
process.
Madam Speaker, I am pleased to yield the balance of my time to the
gentlewoman from California (Ms. Lofgren), a member of the Judiciary
Committee Subcommittee on Immigration.
Ms. LOFGREN. Madam Speaker, the U.S. Conference of Catholic Bishops
tells us this bill would result in the U.S. sending children who have
relief available to them back to the conditions they fled, and will
result in many children being harmed and some being killed on their
return.
I join the bishops in opposing this bill.
With this bill, children who have been trafficked, who have fled
persecution, violence, and abuse, will be stripped of protections that
have existed for years.
Our laws provide that victims of persecution and torture must have a
meaningful opportunity to request safe haven. We need not prejudge the
outcome of these cases. We need only adhere to our laws that ensure
that each child is treated in a fair manner, that their case be
individually considered, and if they deserve protection under the law,
so be it; if not, they go home.
This is not new. Refugees have received protection in America for
decades. In 1980, the asylum system that we have today was established.
Most of the special protections for unaccompanied children were created
in 1997. Many were codified in 2002. Critics of the antislavery law of
2008 claim it has caused the influx of kids to America, but the
protections began in 1997, 17 years ago.
No, kids are fleeing because of the extreme violence in three
countries. Children from other countries in the region are not fleeing
here. And people from Honduras, El Salvador, and Guatemala are fleeing
to every other country in the region--a 712 percent increase in

[[Page 13764]]

asylum cases in Belize, Nicaragua, and the other Central American
countries.
What the 2008 law actually did was give less protection to kids from
Mexico and Canada, and that was a mistake because the U.N. review now
makes clear that, as a consequence, we are sending kids who have been
sex-trafficked back to their abusers. Rather than fix this loophole,
this bill would subject all kids to that flawed process. I can't help
but note that this will be the only immigration bill with an up-or-down
vote, a bill to strip victims of their protections.
Mrs. LOWEY. I yield back the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, we have a crisis on our border with Mexico right now.
It can't wait. It is a humanitarian crisis. It is also a failure of our
border. It is an open border now unless you fix it. If we don't change
the law to treat Central American children the same as we treat Mexican
children at the border, you are going to be flooded. The amount now on
the border will pale into insignificance because Homeland Security
tells us they anticipate another 145,000 children next year, on top of
the tens of thousands of adults and families flooding across that open
border.
So we have an immediate crisis today. This bill is an urgently needed
bill. It provides immediate funding for critical border security and
these humanitarian needs. The money will be there immediately. If we do
not pass this bill today, you are going to risk these resources running
out. Then your hands will be tied. More and more immigrants will
continue to flood across that border if you fail to act.
This bill will allow the DHS, the Department of Homeland Security,
and the National Guard to tighten security and restore the border. It
will allow the Department of Justice to process the cases that may be
needed more efficiently. It encourages repatriation in the countries
from which these immigrants came, and it provides much-needed shelter
and care for the thousands of unaccompanied children who have recently
crossed that border.
We must act today before we leave town, not only to protect our
borders, but to help these unaccompanied children who are being brought
here by criminals, no less, on a long, dangerous, arduous journey,
subject to abuse, injury, and death along the way. How can you turn
away from these faces?
This bill directs responsible levels of resources toward the front
line, toward the highest priority needs. The bill puts policy measures
into place that keep criminals out of the country and helps encourage
children not to make that very dangerous, life-threatening journey. The
President's request would do nothing to enforce our laws and make this
Nation a safer place.
Help the problem. Stop the crisis. This bill does it. Vote for it.
I yield back the balance of my time.
Mr. HASTINGS of Florida. Madam Speaker, how is it that we can find it
within our capabilities to fund billions of dollars of deficit spending
on unpaid-for tax extenders one week, but we can't muster the humanity
to fund adequate legal representation for refugee children the next?
The President's request included a modest $24.5 million to fund the
Department of Justice's programs to provide legal assistance to these
children, their guardians, and law enforcement advisors in Central
America, yet none of this was included in the legislation. Instead,
Republicans focus only on punitive measures that will hasten the misery
of these children.
Madam Speaker, I am interested to know why Republicans are
comfortable spending untold amounts of American taxpayer's money on a
frivolous lawsuit, but will provide absolutely no money on legal
assistance for a child who, after traversing some of the most dangerous
terrain our world has to offer, must now navigate our immigration
system without the benefit of counsel. Make no mistake, these children
are refugees.
If Republicans are so concerned about the plight of these children
and making sure that we find a humanitarian solution, why have they
stripped away all of the human rights conditions and certification
requirements on the Guatemalan and Honduran militaries allowing them to
use the $40 million allocated to help with repatriation efforts? We're
going to throw these children who have fled for their lives from
horrific conditions right back to the same wolves who caused them to
flee in the first place, and then pay to ensure they are stuck there.
Madam Speaker, rather than focus on sending these children back as
quickly as we can, maybe we should take a page from the history books,
and find it in our hearts to help them find safety and a new life here
in the United States. In 70 years, we should be able to look back
proudly on that accomplishment, and not have to shamefully admit that
the United States could have done more.
Mr. GENE GREEN of Texas. Madam Speaker, I rise in strong opposition
to H.R. 5230, the woefully inadequate supplemental appropriations bill
that will only exacerbate the growing humanitarian crisis impacting my
home state of Texas.
Since the beginning of this year, nearly 60,000 unaccompanied
children have crossed the Rio Grande into south Texas. The vast
majority of these children are coming from three countries--El
Salvador, Guatemala, and Honduras--where whole communities are being
terrorized by drug cartels and street gangs. Honduras, the U.N.
reports, has the highest homicide in the world. El Salvador and
Guatemala rank fourth and fifth.
Even before these children reach Texas, many of whom no more than
seven or eight years old, they must make the long and dangerous journey
through the remainder of Central America and Mexico. On the journey,
these children are easy targets for robbers, drug smugglers, and sex
traffickers, further traumatizing them before they reach our country.
Once reaching Brownsville, McAllen, or one of our other communities
on the border, these children are not trying to evade detection from
Border Patrol. In fact, there are countless stories of these children
running into the arms of our border protection officials, knowing that
they will be safe from the violence and trauma once in American
custody.
Madam Speaker, I can speak first hand, having visited our border
facilities in McAllen earlier this month, on the hard work our nation's
Border Patrol Officers are doing, along with their counterparts
throughout DHS and HHS during this humanitarian crisis.
Congress needs to respond to this crisis in the best traditions of
our great nation--with open eyes and compassion and balance the needs
of the American people with our nation's historic role as the place of
last refuge for those who are persecuted and in need.
The legislation before this chamber today, shamefully, does not
reflect our nation's best traditions. It is a misguided, knee-jerk
reaction that will do little to improve, or worst, exacerbate, the
growing crisis on the Rio Grande.
H.R. 5230 would provide only one-seventh of the funds the President
requested and would only authorize those funds through the end of
September. And of these funds, Madam Speaker, the vast majority are
directed towards greater border security and not--as is necessary--the
humanitarian aspect of this crisis.
I have always been supportive of greater border security and
providing our nation's Border Patrol Agents with the resources they
need to protect us. However, our country is already deporting record
numbers of people--over 1.2 million in the past three years--and there
is growing concern among our border communities that their towns and
cities are already being negatively affected by our border surge.
What these children need--and our DHS and HHS officials on the border
have requested--are not more boots on the ground, but more judges,
health officials, asylum officers, and facilities to temporarily house
these children while we determine if they need to return to their home
country or are eligible for asylum.
This legislation would further militarize our border, without regard
to the wishes of our border communities, by authorizing the deployment
of the National Guard and make null and void existing Memorandums of
Understanding between CBP and the Interior and Agriculture Departments
on protecting federal lands under these departments oversight, like Big
Bend National Park.
I urge my colleagues to demand a vote on a clean supplemental and to
vote against this shameful legislation.
Mr. JOHNSON of Georgia. Madam Speaker, I rise today in strong
opposition to H.R. 5230 ``the Supplemental Appropriations to Address
the Southwest Border Crisis.''
This partisan bill does nothing to address the humanitarian crisis at
the border. Instead this bill undermines due process protections for
children who have been victims of trafficking, torture, and
persecution.

[[Page 13765]]

It is shameful Republicans are using this crisis to advance their own
agenda. In doing so, Republicans are jeopardizing children's lives, and
hypocritically reversing their position on a law they once supported.
With this bill, Republican Hypocrisy has been taken to another level.
Yesterday, I met President and Vice-President of the National
Association of immigration Judges, who said no current protections and
due process for these children should be changed. Republicans should
listen to them.
I urge my colleagues to oppose the bill.
Ms. JACKSON LEE. Madam Speaker, I rise to speak in strong opposition
to H.R. 5230, a bill to make supplemental appropriations for the fiscal
year ending September 30, 2014 to address the humanitarian crisis on
our nation's southern border.
As a senior member of the House Committee on Homeland Security and
the Ranking Member on the Subcommittee on Border and Maritime Security,
I have visited the border and seen the children that this bill intends
to help.
This bill offers too little in funding to address the need that over
50 states are attempting to address by providing shelter and assistance
to the tens of thousands of unaccompanied minors who are now living in
our country.
Over two-thirds of the language in H.R. 5230 will make significant
changes in existing law or creates new law regarding immigration policy
without going through the committees of jurisdiction such as the House
Committees on Homeland Security, Judiciary, and Foreign Affairs.
H.R. 5230 contains too much language that is legislative such as:
The bill makes significant changes to 2008 Trafficking Victims
Protection Act. This change will subject all children to the initial
screening process that now applies only to children from Mexico and
Canada; erects a new expedited immigration court screening for any
children who pass the initial screening; prohibits administrative
appeals from children ordered removed through the new expedited
process; requires detention of certain children who demonstrate a
credible fear of persecution throughout the pendency of their asylum
proceedings; establishes new, high burdens of proof; and sets up a
principle of ``Last In, First Out'' in the adjudication process.
The bill prohibits the Secretaries of the Interior and Agriculture
from impeding, denying, or restricting the activities of U.S. Customs
and Border Protection on Federal land located within 100 Miles of the
U.S./Mexico border--This issue has already been addressed. Both
Interior and Agriculture have existing Memorandum of Understanding
(MOUs) with U.S. Customs and Border Protection and all these agencies,
as well as the GAO, have testified that these agreements are working
and that federal land management laws and activities do not impair
border security.
The bill provides too few emergency immigration judges--the bill only
requires the Department of Justice to designate up to 40 temporary
immigration judges within 14 days of enactment of this legislation.
Then the bill permits hiring of retired judges or magistrate judges, or
the reassignment of current immigration judges, to conduct expedited
hearings for unaccompanied alien children to try to meet the new
requirement that their cases be heard within 7 days of being screened
by DHS officials.
This is a rushed process for an emergency situation involving
children. They require our best efforts to ensure their safety and
wellbeing not a rushed job.
The bill undermines a long standing policy regarding asylum--H.R.
5230 Prohibits anyone believed to have been convicted outside the U.S.
of any drug-related offense punishable by a prison term of more than a
year from being granted asylum.
This provision has nothing to do with unaccompanied children entering
the United States and clearly is an immigration reform that would
impact several committees such as the House Committees on Judiciary and
Foreign Affairs.
This provision is problematic because what is considered unlawful in
one country is a constitutionally protected right in the United States.
Often people are fleeing religious, ethnic or political persecution.
Persecution means that they are experiencing or have experienced
actions taken by their countries governments, which often includes
imprisonment or torture while in custody.
This one change would hand repressive regimes like North Korea with
an easy way to block the United States from helping those seeking to
escape that country--charge and convict them of a felon.
A Sudanese woman was sentenced to death for being a Christian--would
this Congress bar her entry into the United States?
The bill makes the wrong decision on border security by sending the
National Guard support for border operations--H.R. 5230 would deploy
National Guard under Title 32 Status. National Guard troops with this
change may be assigned duties as deemed necessary to provide assistance
in operations, with priority given to high traffic areas experiencing
the highest number of crossing by unaccompanied children.
Sending armed soldiers to greet children escaping violence--Mr.
Speaker what is the leadership thinking?
These children need our help not frightening images of more adults
with guns.
The bill denies safe shelter to children through its sense of
Congress--the states that the Secretary of Defense should not be
allowed to shelter unaccompanied children or other migrants unless
certain conditions are met.
The military and the administration are well aware of the conditions
that are acceptable for children and this Congress should provide what
is needed so that their needs can be met.
This bill does too little to actually help the thousands of children
who are awaiting immigration hearings. They are victims of human
trafficking, sexual violence, and witnesses to murders as well as acts
of violence against other children who took that dangerous trek to the
United States.
We should be focused on learning what they know and what they
experienced to be sure the guilty are found and punished.
I offered, along with several other members of the House amendments
in attempts to improve the bill, but all were rejected by the Rules
Committee, which chose to place H.R. 5230 before the House in the form
of a closed rule.
The Jackson Lee Amendment would have authorized designated federal
agencies to reimburse State and local governments and private nonprofit
organizations for the costs incurred in providing psychological
counseling, housing, education, medicine and medical care, food and
water, clothes, personal hygiene and other indispensable consumables,
other human services in response to the humanitarian crisis on the
Southwest Border.
This Congress has had the Senate's version of a Comprehensive
Immigration reform bill for nearly a year, without accomplishing the
task of taking up the issue and passing a House version.
Our nation's immigration system is broken and needs reform, but the
only attempt at addressing immigration into the United States is this
bill that is being presented as an appropriations bill.
H.R. 5230 is not an appropriations bill it is an immigration reform
bill, which covers the jurisdictions of the two committees I serve on--
the House Judiciary and Homeland Security Committees. Neither of these
committees were given the opportunity to hold hearings or make the
needed changes to the bill to make sure it conforms with long standing
policies relating to unaccompanied minor or issues related to refugees.
The Jackson Lee amendment would have helped nonprofits, local and
state governments in all of the 50 states who are now providing
assistance to the tens of thousands of unaccompanied minors within the
United States.
The message has gotten to families in El Salvador, Honduras, and
Guatemala. Parents are no longer sending their children to the United
States once they learned of the dangers and the prospects for their
children surviving the journey without becoming victims of human
trafficking.
These children have found the compassion and love of thousands of
Americans found in the states of Texas, Alabama, Alaska, California,
Illinois, North Carolina, South Dakota, New York, Utah, Virginia and--
yes even the U.S. Virgin Islands.
The nature of America is that of the Good Samaritan.
On July 3, 2014, I went to McAllen, Texas and observed a Customs and
Border Protection (CBP) facility where unaccompanied children were
being processed by the Border Patrol.
As I walked through the facility, I saw frightened and needy
children, some as young as five years old.
Madam Speaker, some members of this body who have not taken the time
to visit the border or visit the children who are now in their own
states will stand before this body and accuse them of being dangerous--
but they are not.
They are traumatized and frightened children driven from their homes
by violence and inducements of these same gangs to get payments from
desperate parents seeking to save the lives of their children to bring
them to the United States.
These children had risked their lives to make their way to the U.S.
by riding atop

[[Page 13766]]

freight trains through dangerous territories in Mexico. One can only
imagine the desperation and hopelessness that would prompt a parent to
send their young child on such a treacherous journey.
It takes courage and desperation to escape senseless violence and I
know that is what Cuban Americans faced, and Christians, Jews and all
other groups facing violence have endured.
These are refugees and their status requires that the United States
act appropriately.
Some may mention that the United States has a quota on refugees that
we can take each year and that number has been reached. The program
that refer to is for refugees that other nations around the world are
providing shelter--but if the refugees are crossing our own border
there is not limit.
This international law that the United States has backed for decades
and pressured other nations to enforce. If the refugees are Christians
escaping ISIS or Boko Haram or they are children escaping violent gangs
in Central America they are not and should not be turned back.
Children do not leave their homes and families by the tens of
thousands unless fear is driving them from their homes.
Upon my visit to South Texas borders, I witnessed hundreds of
children whose young faces were pressed against glass jails with tears
running down their faces. We are dealing with helpless children who
have traveled a treacherous journey, and it should be within our
American values to care for these children who fled their homes to
escape violence.
These children are not perpetrators or criminals--they are in many
cases victims fleeing deadly violence in Guatemala, Honduras, and El
Salvador, and are seeking temporary safe haven in the United States, as
so many people before them have done for centuries.
The surge of unaccompanied children on our southern border does not
pose a threat to our national security. Contrary to the shrill rhetoric
used by some commentators, the nation is not being invaded by an army
of children dispatched to do us harm.
We are confronted instead with a humanitarian crisis resulting from
the alarming scale of violence and economic desperation in three
Central American countries that now lead the world in murder rates: El
Salvador, Honduras, and Guatemala.
Politicizing the issue will not solve the problem. Taking actions
that address the root causes in the short and long term will. We should
be taking up Immigration Reform to deal with the wide range of
immigration problems.
The current status on the border is the number of children coming
across the border has abated. Those children remaining in detention
shelters along the border number only a few hundred.
According to the United Nations Office on Drugs and Crime, these
three Central American countries have among the highest per capita
homicide rates in the world, with Honduras topping the list and the
other two nations in the top five.
To address this issue of the humanitarian crisis, I introduced H.R.
4990, the ``Justice for Children Now Act of 2014,'' which authorizes
the immediate hiring of an additional 70 immigration judges in the
Executive Office of Immigration Review.
This bill will help but it is not sufficient to address the backlogs
to help advance the flow of the children's immigration court hearings.
The amount allowed under this bill will leave states and aid agencies
footing a significant portion of the cost for assisting these helpless
children--when it is the role of the federal government to be present
and actively engaged in leading the effort.
I support the President's request for $3.7 billion to respond to the
humanitarian crisis on the border and urge my colleagues in leadership
to reconsider the level of funding for this great need.
Congress should allocate the resources needed to deal with the
increase in unaccompanied children seeking refuge in the United States.
Some of these persons are attempting to enter the country unlawfully
and without justification. Our laws do not permit this and they should
not be allowed entry.
The Administration is following immigration law as it relates to
these unaccompanied minors.
The Trafficking Victims Protection Reauthorization Act of 2008,
signed by President George W. Bush establishes the legal status of the
children who have entered the nation unaccompanied.
That law provides persons fleeing lethal violence or escape from
human trafficking the opportunity to have their case heard by an
immigration judge.
Over the time Congress has delayed acting and an additional 366,000
pending cases were added to the immigration courts that must have
hearings before any action can be taken.
Because this situation is untenable for everyone--law enforcement,
taxpayers, and individuals petitioning for relief, the first thing that
we can and should do to reduce the backlog is provide the funding
needed to appoint 70 new immigration judges, as provided under
legislation.
Ensuring that there are available sufficient facilities to house
detained children in a humane manner while they await their immigration
hearing is another challenge.
I ask that the Rules Committee approve the Jackson Lee Amendment for
inclusion in H.R. 5230.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 696, the previous question is ordered on
the bill.
Pursuant to clause 1(c) of rule XIX, further consideration on H.R.
5230 is postponed.

____________________

HIGHWAY AND TRANSPORTATION FUNDING ACT OF 2014

Mr. SHUSTER. Madam Speaker, pursuant to House Resolution 696, I call
up the bill (H.R. 5021) to provide an extension of Federal-aid highway,
highway safety, motor carrier safety, transit, and other programs
funded out of the Highway Trust Fund, and for other purposes, with a
Senate amendment thereto.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Highway
and Transportation Funding Act of 2014''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I--SURFACE TRANSPORTATION PROGRAM EXTENSION

Subtitle A--Federal-aid Highways

Sec. 1001. Extension of Federal-aid highway programs.

Subtitle B--Extension of Highway Safety Programs

Sec. 1101. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 1102. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 1103. Dingell-Johnson Sport Fish Restoration Act.

Subtitle C--Public Transportation Programs

Sec. 1201. Public transportation programs continuation.

Subtitle D--Hazardous Materials

Sec. 1301. Extension of hazardous materials programs.

TITLE II--REVENUE PROVISIONS

Sec. 2001. Extension of Highway Trust Fund expenditure authority.
Sec. 2002. Funding of Highway Trust Fund.
Sec. 2003. Additional information on returns relating to mortgage
interest.
Sec. 2004. Penalty for failure to meet due diligence requirements for
the child tax credit.
Sec. 2005. Clarification of 6-year statute of limitations in case of
overstatement of basis.
Sec. 2006. 100 percent continuous levy on payment to medicare providers
and suppliers.
Sec. 2007. Modification of tax exemption requirements for mutual ditch
or irrigation companies.
Sec. 2008. Equalization of excise tax on liquefied natural gas and
liquefied petroleum gas.
Sec. 2009. Extension of customs user fees.

TITLE III--BUDGETARY PROVISIONS

Sec. 301. Treatment for PAYGO purposes.

SEC. 2. DEFINITIONS.

In this Act and the amendments made by this Act:
(1) MAP-21.--The term ``MAP-21'' means the Moving Ahead for
Progress in the 21st Century Act (Public Law 112-141; 126
Stat. 405).
(2) Part-year extension period.--The term ``Part-Year
Extension Period'' means the period beginning on October 1,
2014, and ending on the Part-Year Funding Date.
(3) Part-year funding date.--The term ``Part-Year Funding
Date'' means December 19, 2014.
(4) Part-year ratio.--The term ``Part-Year Ratio'' means
the ratio calculated by dividing--
(A) the number of days included in the period beginning on
October 1, 2014, and ending on the Part-Year Funding Date; by

[[Page 13767]]

(B) 365.
(5) SAFETEA-LU.--The term ``SAFETEA-LU'' means the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144).

TITLE I--SURFACE TRANSPORTATION PROGRAM EXTENSION

Subtitle A--Federal-aid Highways

SEC. 1001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

(a) In General.--Except as otherwise provided in this
subtitle, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under divisions A and E of MAP-21 (Public Law 112-141), the
SAFETEA-LU Technical Corrections Act of 2008 (Public Law 110-
244), titles I, V, and VI of SAFETEA-LU (Public Law 109-59),
titles I and V of the Transportation Equity Act for the 21st
Century (Public Law 105-178), the National Highway System
Designation Act of 1995 (Public Law 104-59), titles I and VI
of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240), and title 23, United States Code
(excluding chapter 4 of that title), that would otherwise
expire on or cease to apply after September 30, 2014, are
incorporated by reference and shall continue in effect
through the Part-Year Extension Period.
(b) Authorization of Appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for the Part-Year Extension Period
a sum equal to--
(1) the total amount authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
for programs, projects, and activities for fiscal year 2014
under divisions A and E of MAP-21 and title 23, United States
Code (excluding chapter 4 of that title); multiplied by
(2) the Part-Year Ratio.
(c) Use of Funds.--
(1) In general.--Except as otherwise expressly provided in
this title, funds authorized to be appropriated under
subsection (b) for the Part-Year Extension Period shall be
distributed, administered, limited, and made available for
obligation in the same manner and in the same amounts (as
calculated using the Part-Year Ratio) as the funds authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for fiscal year 2014 to carry out
programs, projects, activities, eligibilities, and
requirements under--
(A) MAP-21 (Public Law 112-141);
(B) the SAFETEA-LU Technical Corrections Act of 2008
(Public Law 110-244);
(C) SAFETEA-LU (Public Law 109-59);
(D) the Transportation Equity Act for the 21st Century
(Public Law 105-178);
(E) the National Highway System Designation Act of 1995
(Public Law 104-59);
(F) the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240); and
(G) title 23, United States Code (excluding chapter 4 of
that title).
(2) Contract authority.--Funds authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) under this section shall be--
(A) available for obligation and shall be administered in
the same manner as if the funds were apportioned under
chapter 1 of title 23, United States Code; and
(B) for the Part-Year Extension Period, except as provided
in paragraph (3)(B), subject to the limitation on obligations
for Federal-aid highways and highway safety construction
programs for fiscal year 2015 in paragraph (3)(A) or an Act
making appropriations for fiscal year 2015 or a portion of
that fiscal year.
(3) Obligation ceiling.--
(A) In general.--In the absence of an Act making
appropriations for fiscal year 2015 or a portion of that
fiscal year--
(i) the annual limitation on obligations for Federal-aid
highway and highway safety construction programs for fiscal
year 2015 shall be equal to that of fiscal year 2014; and
(ii) the limitation on obligations shall be distributed and
funding shall be exempt from the limitation on obligations in
the same manner as for fiscal year 2014
(B) Application during part-year extension period.--
(i) Limitation on obligations.--During the Part-Year
Extension Period, obligations subject to the limitation
described in paragraph (2)(B) shall not exceed--

(I) the annual limitation on obligations imposed under that
paragraph; multiplied by
(II) the Part-Year Ratio.

(ii) Exempt nhpp funds.--During the Part-Year Extension
Period, the amount of funds under section 119 of title 23,
United States Code, that is exempt from the limitation on
obligations imposed under paragraph (2)(B) shall be--

(I) $639,000,000; multiplied by
(II) the Part-Year Ratio.

(C) Calculations for distribution of obligation
limitation.--The Secretary of Transportation shall, as
necessary for purposes of making the calculations for the
distribution of any obligation limitation during the Part-
Year Extension Period--
(i) annualize the amount of contract authority provided
under this Act for Federal-aid highways and highway safety
construction programs; and
(ii) multiply the resulting distribution of obligation
limitation by either the Part-Year Ratio or the pro rata for
the period of an Act making appropriations for a portion of
fiscal year 2015, whichever is applicable.

Subtitle B--Extension of Highway Safety Programs

SEC. 1101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.

(a) In General.--Except as otherwise provided in this
section, requirements, authorities, conditions, and other
provisions authorized under subtitle A of title I of division
C of MAP-21 (Public Law 112-141), section 2009 of SAFETEA-LU
(23 U.S.C. 402 note; Public Law 109-59), and chapter 4 of
title 23, United States Code, that would otherwise expire on
or cease to apply after September 30, 2014, are incorporated
by reference and shall continue in effect through the Part-
Year Extension Period.
(b) Authorization of Appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for the Part-Year Extension Period
a sum equal to--
(1) the total amount authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
for programs, projects, and activities for fiscal year 2014
under subtitle A of title I of division C of MAP-21 (Public
Law 112-141), section 2009 of SAFETEA-LU (23 U.S.C. 402 note;
Public Law 109-59), and chapter 4 of title 23, United States
Code; multiplied by
(2) the Part-Year Ratio.
(c) Use of Funds.--Funds authorized to appropriated or made
available for obligation under the authority of this section
shall be distributed, administered, and made available for
obligation in the same manner and at the same rate as funds
authorized to be appropriated or made available for fiscal
year 2014 to carry out programs, projects and activities
under--
(1) subtitle A of title I of division C of MAP-21 (Public
Law 112-141);
(2) section 2009 of SAFETEA-LU (23 U.S.C. 402 note; Public
Law 109-59); and
(3) chapter 4 of title 23, United States Code.
(d) Contract Authority.--Section 31101(c) of MAP-21 (126
Stat. 733) is amended by striking ``fiscal years 2013 and
2014'' and inserting ``fiscal years 2013, 2014, and 2015''.
(e) Law Enforcement Campaigns.--Section 2009(a) of SAFETEA-
LU (23 U.S.C. 402 note; Public Law 109-59) is amended by
striking ``fiscal years 2013 and 2014'' each place it appears
and inserting ``fiscal years 2013, 2014, and 2015''.

SEC. 1102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.

(a) Extension of Programs.--Except as otherwise provided in
this section, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under title II of division C of MAP-21 (Public Law 112-141),
title IV of SAFETEA-LU (Public Law 109-59), and part B of
subtitle VI of title 49, United States Code, that would
otherwise expire on or cease to apply after September 30,
2014, are incorporated by reference and shall continue in
effect through the Part-Year Extension Period.
(b) Authorization of Appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) for the period beginning October 1,
2014, and ending on the Part-Year Funding Date, a sum equal
to--
(1) the total amount authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
programs, projects, and activities for fiscal year 2014 under
title II of division C of MAP-21 (Public Law 112-141), title
IV of SAFETEA-LU (Public Law 109-59), and part B of subtitle
VI of title 49, United States Code; multiplied by
(2) the Part-Year Ratio.
(c) Contract Authority.--Funds authorized to be
appropriated under this section shall be available for
obligation and shall be administered in the same manner as if
the funds were authorized by section 4101 of SAFETEA-LU
(Public Law 109-59) and amendments made by that section, as
amended by section 32603 of MAP-21 (Public Law 112-141), or
authorized by section 31104 of title 49, United States Code.
(d) Use of Funds.--Funds authorized to be appropriated or
made available for obligation and expended under the
authority of this section shall be distributed, administered,
limited, and made available for obligation in the same manner
and at the same rate as funds authorized to be appropriated
or made available for fiscal year 2014 to carry out programs,
projects, activities, eligibilities, and requirements under--
(1) title II of division C of MAP-21 (Public Law 112-141);
(2) title IV of SAFETEA-LU (Public Law 109-59); and
(3) part B of subtitle VI of title 49, United States Code.

SEC. 1103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.

Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c) is amended--
(1) in subsection (a) in the matter preceding paragraph (1)
by striking ``2014'' and inserting ``2015''; and
(2) in subsection (b)(1)(A) in the first sentence by
striking ``2014'' and inserting ``2015''.

Subtitle C--Public Transportation Programs

SEC. 1201. PUBLIC TRANSPORTATION PROGRAMS CONTINUATION.

(a) Extension for Public Transportation Programs.--Except
as otherwise provided in this section, requirements,
authorities, conditions, eligibilities, limitations, and
other provisions authorized under division B of MAP-21
(Public Law 112-141) and chapter 53 of title 49, United
States Code, that would otherwise expire on or cease to apply
after September 30, 2014, are incorporated by reference and
shall continue in effect through the Part-Year Extension
Period.

[[Page 13768]]

(b) Authorization of Appropriations.--
(1) Mass transit account.--There shall be available from
the Mass Transit Account of the Highway Trust Fund for the
Part-Year Extension Period, a sum equal to--
(A) the total amount authorized to be appropriated out of
the Mass Transit Account of the Highway Trust Fund for
programs, projects, and activities for fiscal year 2014
authorized under division B of MAP-21 (Public Law 112-141)
and under chapter 53 of title 49, United States Code;
multiplied by
(B) the Part-Year Ratio.
(2) General fund.--There is authorized to be appropriated
from the general fund of the Treasury for the period
beginning October 1, 2014, and ending on the Part-Year
Funding Date, a sum equal to--
(A) the total amount authorized to be appropriated from the
general fund of the Treasury for programs, projects, and
activities for fiscal year 2014 under division B of MAP-21
(Public Law 112-141) and under chapter 53 of title 49, United
States Code; multiplied by
(B) the Part-Year Ratio.
(c) Contract Authority.--Funds made available under this
section from the Mass Transit Account of the Highway Trust
Fund shall be available for obligation in the same manner as
set forth in section 5338(j)(1) of title 49, United States
Code.
(d) Use of Funds.--Funds authorized to appropriated or made
available for obligation and expended under the authority of
this section shall be distributed, administered, limited, and
made available for obligation in the same manner and at the
same rate as funds authorized to be appropriated or made
available for fiscal year 2014 to carry out programs,
projects, activities, eligibilities, and requirements under
division B of MAP-21 (Public Law 112-141) and chapter 53 of
title 49, United States Code.
(e) Distribution of Funds Under Division B of MAP-21.--
Funds authorized to be appropriated or made available for
programs continued under this section shall be distributed to
those programs in the same proportion as funds were allocated
for those programs for fiscal year 2014.

Subtitle D--Hazardous Materials

SEC. 1301. EXTENSION OF HAZARDOUS MATERIALS PROGRAMS.

(a) Extension of Programs.--Except as otherwise provided in
this section, requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under title III of division C of MAP-21 (Public Law 112-141)
and chapter 51 of title 49, United States Code, that would
otherwise expire on or cease to apply after September 30,
2014, are incorporated by reference and shall continue in
effect through the Part-Year Extension Period.
(b) Authorization of Appropriations.--There is authorized
to be appropriated from the general fund of the Treasury and
the Hazardous Materials Emergency Preparedness Fund
established under section 5116(i) of title 49, United States
Code, for the period beginning October 1, 2014, and ending on
the Part-Year Funding Date, an amount equal to--
(1) the total amount authorized to be appropriated from the
general fund of the Treasury and the Hazardous Materials
Emergency Preparedness Fund for programs, projects, and
activities for fiscal year 2014 under title III of division C
of MAP-21 (Public Law 112-141) and chapter 51 of title 49,
United States Code; multiplied by
(2) the Part-Year Ratio.
(c) Use of Funds.--Funds authorized to be appropriated or
made available for obligation and expended under the
authority of this section shall be distributed, administered,
limited, and made available for obligation in the same manner
and at the same rate as funds authorized to be appropriated
or made available for fiscal year 2014 to carry out programs,
projects, activities, eligibilities, and requirements under
title III of division C of MAP-21 (Public Law 112-141) and
chapter 51 of title 49, United States Code.

TITLE II--REVENUE PROVISIONS

SEC. 2001. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.

(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2014'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``December 20,
2014'', and
(2) by striking ``MAP-21'' in subsections (c)(1) and (e)(3)
and inserting ``Highway and Transportation Funding Act of
2014''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``MAP-21'' each place it appears in
subsection (b)(2) and inserting ``Highway and Transportation
Funding Act of 2014'', and
(2) by striking ``October 1, 2014'' in subsection (d)(2)
and inserting ``December 20, 2014''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986
is amended by striking ``October 1, 2014'' and inserting
``December 20, 2014''.

SEC. 2002. FUNDING OF HIGHWAY TRUST FUND.

(a) In General.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraph (5) as paragraph (7) and by inserting after
paragraph (4) the following new paragraphs:
``(A) $5,633,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) in the Highway Trust Fund; and
``(B) $1,500,000,000 to the Mass Transit Account in the
Highway Trust Fund.
``(6) Additional increase in fund balance.--There is hereby
transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(3).''.
(b) Appropriation From Leaking Underground Storage Tank
Trust Fund.--
(1) In general.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(3) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund
there is hereby appropriated $1,000,000,000 to be transferred
under section 9503(f)(6) to the Highway Account (as defined
in section 9503(e)(5)(B)) in the Highway Trust Fund.''.
(2) Conforming amendment.--Section 9508(c)(1) of the
Internal Revenue Code of 1986 is amended by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.

SEC. 2003. ADDITIONAL INFORMATION ON RETURNS RELATING TO
MORTGAGE INTEREST.

(a) In General.--Paragraph (2) of section 6050H(b) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (C), by redesignating subparagraph
(D) as subparagraph (I), and by inserting after subparagraph
(C) the following new subparagraphs:
``(D) the unpaid balance with respect to such mortgage at
the close of the calendar year,
``(E) the address of the property securing such mortgage,
``(F) information with respect to whether the mortgage is a
refinancing that occurred in such calendar year,
``(G) the amount of real estate taxes paid from an escrow
account with respect to the property securing such mortgage,
``(H) the date of the origination of such mortgage, and''.
(b) Payee Statements.--Subsection (d) of section 6050H of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by
inserting after paragraph (2) the following new paragraph:
``(3) the information required to be included on the return
under subparagraphs (D), (E), (F), (G) and (H) of subsection
(b)(2).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns and statements the due date for which
(determined without regard to extensions) is after December
31, 2015.

SEC. 2004. PENALTY FOR FAILURE TO MEET DUE DILIGENCE
REQUIREMENTS FOR THE CHILD TAX CREDIT.

(a) In General.--Section 6695 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(h) Failure To Be Diligent in Determining Eligibility for
Child Tax Credit.--Any person who is a tax return preparer
with respect to any return or claim for refund who fails to
comply with due diligence requirements imposed by the
Secretary by regulations with respect to determining
eligibility for, or the amount of, the credit allowable by
section 24 shall pay a penalty of $500 for each such
failure.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2014.

SEC. 2005. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN
CASE OF OVERSTATEMENT OF BASIS.

(a) In General.--Subparagraph (B) of section 6501(e)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by reason of an
overstatement of unrecovered cost or other basis is an
omission from gross income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to--
(1) returns filed after the date of the enactment of this
Act, and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of
1986 (determined without regard to such amendments) for
assessment of the taxes with respect to which such return
relates has not expired as of such date.

SEC. 2006. 100 PERCENT CONTINUOUS LEVY ON PAYMENT TO MEDICARE
PROVIDERS AND SUPPLIERS.

(a) In General.--Paragraph (3) of section 6331(h) of the
Internal Revenue Code of 1986 is amended by striking the
period at the end and inserting ``, or to a Medicare provider
or supplier under title XVIII of the Social Security Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made on or after the date which is 6
months after the date of the enactment of this Act.

SEC. 2007. MODIFICATION OF TAX EXEMPTION REQUIREMENTS FOR
MUTUAL DITCH OR IRRIGATION COMPANIES.

(a) In General.--Paragraph (12) of section 501(c) of the
Internal Revenue Code of 1986 is

[[Page 13769]]

amended by adding at the end the following new subparagraph:
``(I) Treatment of mutual ditch irrigation companies.--
``(i) In general.--In the case of a mutual ditch or
irrigation company or of a like organization to a mutual
ditch or irrigation company, subparagraph (A) shall be
applied without taking into account any income received or
accrued--

``(I) from the sale, lease, or exchange of fee or other
interests in real property, including interests in water,
``(II) from the sale or exchange of stock in a mutual ditch
or irrigation company (or in a like organization to a mutual
ditch or irrigation company) or contract rights for the
delivery or use of water, or
``(III) from the investment of proceeds from sales, leases,
or exchanges under subclauses (I) and (II),

except that any income received under subclause (I), (II), or
(III) which is distributed or expended for expenses (other
than for operations, maintenance, and capital improvements)
of the mutual ditch or irrigation company or of the like
organization to a mutual ditch or irrigation company (as the
case may be) shall be treated as nonmember income in the year
in which it is distributed or expended. For purposes of the
preceding sentence, expenses (other than for operations,
maintenance, and capital improvements) include expenses for
the construction of conveyances designed to deliver water
outside of the system of the mutual ditch or irrigation
company or of the like organization.
``(ii) Treatment of organizational governance.--In the case
of a mutual ditch or irrigation company or of a like
organization to a mutual ditch or irrigation company, where
State law provides that such a company or organization may be
organized in a manner that permits voting on a basis which is
pro rata to share ownership on corporate governance matters,
subparagraph (A) shall be applied without taking into account
whether its member shareholders have one vote on corporate
governance matters per share held in the corporation. Nothing
in this clause shall be construed to create any inference
about the requirements of this subsection for companies or
organizations not included in this clause.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 2008. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL
GAS AND LIQUEFIED PETROLEUM GAS.

(a) Liquefied Petroleum Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of clause (i), by redesignating clause
(ii) as clause (iii), and by inserting after clause (i) the
following new clause:
``(ii) in the case of liquefied petroleum gas, 18.3 cents
per energy equivalent of a gallon of gasoline, and''.
(2) Energy equivalent of a gallon of gasoline.--Paragraph
(2) of section 4041(a) of such Code is amended by adding at
the end the following:
``(C) Energy equivalent of a gallon of gasoline.--For
purposes of this paragraph, the term `energy equivalent of a
gallon of gasoline' means, with respect to a liquefied
petroleum gas fuel, the amount of such fuel having a Btu
content of 115,400 (lower heating value).''.
(b) Liquefied Natural Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986, as amended by subsection
(a)(1), is amended by striking ``and'' at the end of clause
(ii), by striking the period at the end of clause (iii) and
inserting ``, and''' and by inserting after clause (iii) the
following new clause:
``(iv) in the case of liquefied natural gas, 24.3 cents per
energy equivalent of a gallon of diesel.''.
(2) Energy equivalent of a gallon of diesel.--Paragraph (2)
of section 4041(a) of such Code, as amended by subsection
(a)(2), is amended by adding at the end the following:
``(D) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term `energy equivalent of a
gallon of diesel' means, with respect to a liquefied natural
gas fuel, the amount of such fuel having a Btu content of
128,700 (lower heating value).''.
(3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of
the Internal Revenue Code of 1986, as redesignated by
subsection (a)(1) and paragraph (1), is amended--
(A) by striking ``liquefied natural gas,'', and
(B) by striking ``peat), and'' and inserting ``peat) and''.
(c) Effective Date.--The amendments made by this section
shall apply to any sale or use of fuel after September 30,
2014.

SEC. 2009. EXTENSION OF CUSTOMS USER FEES.

Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2023''
and inserting ``January 7, 2024'', and
(2) in subparagraph (B)(i), by striking ``September 30,
2023'' and inserting ``January 7, 2024''.

TITLE III--BUDGETARY PROVISIONS

SEC. 301. TREATMENT FOR PAYGO PURPOSES.

(a) Paygo Scorecard.--The budgetary effects of this Act and
the amendments made by this Act shall not be entered on
either PAYGO scorecard maintained pursuant to section 4(d) of
the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(b) Senate Paygo Scorecard.--The budgetary effects of this
Act and the amendments made by this Act shall not be entered
on any PAYGO scorecard maintained for purposes of section 201
of S. Con. Res. 21 (110th Congress).

Motion Offered by Mr. Shuster

Mr. SHUSTER. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:

Mr. Shuster moves that the House disagree to the Senate
amendment to H.R. 5021.

The SPEAKER pro tempore. Pursuant to House Resolution 696, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Transportation
and Infrastructure.
The gentleman from Pennsylvania (Mr. Shuster) and the gentleman from
West Virginia (Mr. Rahall) each will control 30 minutes.
The Chair recognizes the gentleman from Pennsylvania.

General Leave

Mr. SHUSTER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on this motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. SHUSTER. Madam Speaker, I yield myself such time as I may
consume.
We have an immediate, critical need to address the solvency of the
trust fund and extend the current surface transportation law. If
Congress fails to act, thousands of transportation projects and
hundreds of thousands of jobs across the country will be at risk.
Two weeks ago, the House acted and passed H.R. 5021, the Highway and
Transportation Funding Act of 2014. This important legislation extends
Federal surface transportation programs and ensures the solvency of the
highway trust fund through May of 2015. It provides certainty.
The House overwhelmingly passed H.R. 5021 with a bipartisan vote of
367-55. Then we waited for the Senate to act. We continue to wait and
wait. Then on Tuesday, the Senate finally acted. The Senate amended our
bill to reduce funding for the highway trust fund and only extend
surface transportation programs through December 19, 2014.
The Senate approach is deeply flawed. First, the Senate proposal is
not fully offset. It underfunds the highway trust fund by more than $2
billion. Second, the Senate's shorter extension would guarantee a
manufactured crisis in a lameduck session, when some might be inclined
to play politics with these issues or use them as vehicles for
unrelated policies that should be subject to the full and open debate
they deserve.
Today, the House is considering a motion to disagree with the Senate
amendment to H.R. 5021 and send our original bill back to the Senate. I
strongly support this motion. This course of action in no way precludes
Congress from continuing to work on addressing a long-term funding
solution and a long-term reauthorization bill, which remains a top
priority for the Transportation and Infrastructure Committee.

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore. The gentleman will suspend.
The Chair will remind all persons in the gallery that they are here
as guests of the House and that any manifestation of approval or
disapproval of proceedings or other audible conversation is in
violation of the rules of the House.
The gentleman from Pennsylvania is recognized.
Mr. SHUSTER. Madam Speaker, I look forward to working with my
colleagues in the Senate on our shared goal of enacting a long-term
surface transportation reauthorization bill. However, this approach is
the responsible solution at this time. It ensures that we don't play
politics with these programs and enables us to continue making
improvements to our surface transportation system.

[[Page 13770]]

I strongly urge all Members to support this motion. A vote against
this motion is a vote to shut down these projects and programs and
would put more than 6,000 projects and more than 700,000 jobs at risk.
Madam Speaker, I reserve the balance of my time.
Mr. RAHALL. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, 2 weeks ago, I stood in this exact spot and urged
passage of a highway trust fund patch as soon as possible to keep our
surface transportation programs up and running.
Now we stand at the edge of an enormous cliff with days--not weeks--
to go before the trust fund goes belly up and the Transportation
Department starts rationing payments to States. We do not have the
luxury of time to deliberate or trade further ideas. Congress needs to
act now to enact a bill and avert an unnecessary crisis. That is why I
support the motion before us today, but not because I think the House
bill is a better approach.
The Senate extended programs through December to keep the pressure on
Congress to enact a long-term highway bill as soon as possible. I fully
support this approach. Unfortunately, the Senate amendment contains a
technical error. It does not fully offset the transfer to the highway
trust fund, and the House Republican leadership has made clear that the
House will not consider a highway bill that is not fully offset.
With a single legislative day left to address this looming crisis, we
need to ensure continued funding of roads, bridges, transit systems,
and the safety of our travelers and passengers.
Two weeks ago, House Democrats supported a shorter extension as an
alternative to H.R. 5021.

{time} 1330

This approach was rejected by House Republicans. Today, the House
Republican leadership will not even allow us to vote on a fix to the
technical error in the Senate amendment.
The House bill and the Senate amendment both help States get through
the remainder of this construction season, and they both provide the
opportunity for Congress to come together on a bipartisan basis, which
the chairman and I have done so well under his tenure and for which I
commend him, and pass a long-term surface transportation law in a
lameduck session.
There is absolutely no reason that Congress cannot come together and
complete a long-term highway bill this fall. I repeat the point I just
made, that this legislation that we are acting on today does not
preclude us from coming together in a lameduck session of Congress and
doing what is necessary for the American people, and that is passing a
long-term, robustly funded transportation bill that puts our people to
work and repairs our decaying infrastructure.
While I will vote for this motion today, it is not because the House
approach is a better solution, but because it does provide the only
path forward available to us to avert an immediate crisis and still
allow the opportunity for Congress to do the right thing.
I reserve the balance of my time.
Mr. SHUSTER. Madam Speaker, I am now pleased to yield 3 minutes to
the gentleman from Indiana (Mr. Bucshon).
Mr. BUCSHON. Madam Speaker, I rise today in support of this important
motion.
Last year, I was honored to be a conferee on MAP-21, and I am proud
of the bill our conference committee produced. Our Nation's
transportation projects are being completed faster, and States like my
home State of Indiana received more Federal funding than they had in
the past.
With construction season under way, we need to ensure that every
State can continue with their important summer construction projects.
This legislation--this motion--is vital to keep thousands of Americans
working to rebuild our aging infrastructure.
Funding our Nation's infrastructure should not be a political issue.
We all agree that we need a long-term solution to fund our Nation's
crumbling infrastructure, but today we need to approve this motion.
The proposal from our Senate colleagues contained an error in
financing for their bill that only paid for funding through October,
not December. The error came in over $2 billion short. Nobody plans
even the smallest transportation project on a month-to-month basis, and
we should not be providing funding on a month-to-month basis. The
Senate bill is not a viable solution for our States.
I met with Indiana Governor Mike Pence this morning, who reiterated
to me how important it is to continue to provide long-term funding for
every State. The House bill is the only proposal that gives every State
the opportunity to adequately plan through this construction season and
into the spring. The House bill is the only solution that is going to
keep people working to rebuild our Nation's infrastructure.
I thank Chairman Shuster for his strong leadership on this issue, and
I urge all of my colleagues to support this motion.
Mr. RAHALL. Madam Speaker, I am honored to yield 2 minutes to the
gentlewoman from the District of Columbia, Eleanor Holmes Norton, the
distinguished ranking member on our Highways and Transit Subcommittee.
Ms. NORTON. Madam Speaker, I thank my good friend, the ranking member
of the full committee, for his work to try to get us a fully funded
bill, that I am sure the chairman desired as well.
But I must say, Madam Speaker, we have shored up the highway trust
fund four times since 2008--four patches, this would be the fifth--
until May. Everyone knows what we are doing. We are setting ourselves
up for another series of short-term extensions. We don't dare leave the
trust fund insolvent--not us. But we don't have the guts to help our
own States get on with urgently needed projects.
Short-term funding is like no funding. Where is the dissent on this
traditionally bipartisan bill, the highway bill. It is certainly not in
the States. It is in the Republican Conference, where they have a
crisis among some of their members who believe that spending money on
anything is an original sin, even at the demand of their own
constituents.
Madam Speaker, I don't have the figures from my own district, so I
give you some figures from the State of Arkansas, which I chose at
random, to indicate what this bill means for the States. Arkansas
relies for about 70 percent of its transportation funding on this bill.
However, it has put off 15 projects, even with this bill coming. I am
quoting from its Highway and Transportation Department:

We don't feel comfortable going forward with these projects
because we are not sure if the highway trust fund will be
resolved in time to fully see these projects to completion.

That is the position you are leaving the States in.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RAHALL. Madam Speaker, I yield an additional minute to the
gentlewoman.
Ms. NORTON. An official from the American Road and Transportation
Builders Association spoke about what this funding does. He said:

If you have your money coming in on an almost annual or
every other year basis, subject to being shut down by
Congress, you cannot make long-term investments and hire
people.

The tragedy of these patches is they have a human face: millions of
construction workers now working on a piecework basis. The differences
between the House and the Senate are easily reconcilable. The Senate
passed their bill 79-18. What is wrong with this House? In the past, we
would have gotten these differences resolved. There has been plenty of
time since MAP-21. If 2 years has not been enough, what in the world do
we think the next 8 or 9 months will mean? Time is not the problem;
will is. Let's spend this time in the recess getting a long-term bill,
as our States are demanding.
Mr. SHUSTER. Madam Speaker, it is now my pleasure to yield 2 minutes
to the gentleman from Oklahoma (Mr. Mullin).

[[Page 13771]]

Mr. MULLIN. Madam Speaker, it is with great pleasure that I stand in
front of you today in support of H.R. 5021, the Highway Transportation
and Funding Act.
We, as a body, stand here all the time and we talk about creating
jobs. What we need to do is create an atmosphere where jobs can thrive.
If this bill for some reason doesn't pass, we are talking about
putting over 700,000 jobs at risk. In Oklahoma alone, that is 200
construction jobs at risk.
We need time. Yes, this Congress, this body, every now and then we
push things down the road, but we are truly trying to find a real
solution. The Senate bill just didn't give us enough time. This will
push it through May and allow us to look at a long-term funding
solution.
Now, either we are going to stand up as a whole and say, yes, this is
our responsibility, yes, we are going to provide the industry
confidence that this body is going to stay with them, or what we say
when we are talking about creating jobs really doesn't mean anything.
Look, we have an opportunity here to build confidence in construction
workers and contractors that we depend on every day. We rely on them to
get to and from work. When we go to our local stores, we depend on them
to make sure the goods are delivered there. And are we going to
continue bickering about it a little bit or are we going to stand up
and say, let's make sure you are funded? Let's stand up and say, we
support you, we are going to make sure that industry and the 700,000
jobs that are there, we are going to make sure that you go to work
tomorrow.
Let's make sure that we stand together as a body and invest in our
infrastructure.
Mr. RAHALL. Madam Speaker, it is my honor to yield 4 minutes to the
gentleman from Oregon (Mr. Blumenauer), a former member of our powerful
House Transportation Committee, who decided to go to the esteemed Ways
and Means Committee.
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy
and his leadership.
I listened to my friend from Oklahoma. I wish his leadership would
listen to him to create an atmosphere of certainty and move forward.
There is a reason why the stakeholders uniformly supported the Senate
approach. The Senate approach said: Wait a minute, on a bipartisan
basis--79 votes, 25 Republicans--we said we are not going to kick this
into the next Congress, because that is where the crisis is going to
be. You will be in the middle of a new Congress, who knows what the
lineup is going to be in the House and the Senate, and Presidential
elections, and you won't be giving the certainty to the industry that
they are asking for.
That is why construction trades, contractors, the AFL-CIO, Chamber of
Commerce, the people who pave the roads, were uniformly supporting the
Senate approach. They don't want to slide it into the next year.
I serve on the Ways and Means Committee. I have been trying for now
3\1/2\ years to get the Republicans who control the Ways and Means
Committee to have a hearing on transportation finance. We have not had
one in 3\1/2\ years. Now, that is the responsibility of the Ways and
Means Committee. I left the T&I Committee hoping that I could help you
in the pursuit of resources--3\1/2\ years, not a single hearing. My
goodness. That is why we have had ever shorter reauthorizations. I
don't count a 27-month bill as a reauthorization. And we had 21 short-
term extensions.
Now, the House here, the Democrats uniformly said, let's get enough
money to get us through the year and let's work together on the long-
term issues, maybe we can even have a hearing on finance. When our
notion didn't pass--although it was supported by all but three of our
colleagues on the Democratic side--when it didn't pass, we didn't pick
up our marbles and go home. We provided enough votes, because the
Republicans didn't have enough votes to pass it, we provided enough
votes hoping that we could get something better coming back from the
Senate, and we did get something better coming back from the Senate.
There was a drafting error that we could pass a fix for in 14\1/2\
seconds on the floor of the House if we had the spirit of accommodation
and followthrough, which my friend, the ranking member, has seen in his
long years and has participated in. To try and advance it.
But, no, what we have seen is people are going to turn their back,
they are going to slide into the next Congress, and we are going to
duck all the tough issues. We haven't heard anything that deals with
how we are going to move forward. The T&I Committee doesn't have a
bill.
I would respectfully suggest that we ought to reject this motion,
that, in fact, we ought not to reject what the Senate did. Let's work
together. We can solve this in a matter of minutes if people are
committed to doing so. We would be keeping faith with the people who
build, who operate, and who rely upon the transportation systems in
this country.
We have a unique moment in history to be on the side of that vast
nonpartisan coalition that wants us to do our job. I would respectfully
request that we do it, and that we commit as a body that we are not
going on vacation in August, we are not going to recess to campaign,
and we won't recess for the year until we do our job for the American
public.
Mr. SHUSTER. Madam Speaker, we have no further speakers, and I
continue to reserve the balance of my time.
Mr. RAHALL. Madam Speaker, I am happy to yield 3 minutes to the
gentleman from Oregon (Mr. DeFazio), a valued member of our
Transportation and Infrastructure Committee and the ranking member of
the House Natural Resources Committee.
Mr. DeFAZIO. Madam Speaker, I thank the gentleman for yielding.
Many years ago, I worked as a bicycle mechanic, so I know how to
patch a tube. But if you get to the point where you can't see the tube
anymore for the patches, then it is time for a new tube.
Well, that is where we are at here today. We have had study after
study that we are not even investing enough money in our infrastructure
to bring it up to a state of good repair, let alone build a modern 21st
century infrastructure.

{time} 1345

We were the envy of the world with the Eisenhower program. We were
the number one in infrastructure in the world. Where are we now? We are
number 26. We are down there slugging it out with Third World
countries, in terms of our infrastructure.
140,000 bridges on the national highway system need repair or
replacement. Forty percent of the national highway system is so
deteriorated that it has to be totally replaced. You can't just patch
it anymore. You just can't resurface anymore.
Our transit agencies have a $70 billion backlog to bring their
existing systems up to a state of good repair--not to build new transit
options for Americans, no--just to bring what we have up to a state of
good repair.
Why are we here today? Because there are people on that side of the
aisle who actually don't believe it is either the duty, obligation, or
right of the Federal Government to invest in a national highway system,
a national transportation system. They believe in devolution. Make the
States do it.
We tried that. In the 1950s, Kansas built a brand-new turnpike. It
ended at the Oklahoma border because Oklahoma ran out of money, and
they didn't build it until the Eisenhower bill went through.
They want to go back to those good old days of the 1950s, when you
couldn't even have roads that connected between States. That is nuts.
It was bad in the middle of the last century, and it is nuts for the
21st century.
Are we just going to kick the can down the road again? If we pass
this Republican proposal to continue the current anemic levels of
funding until next May, that is not going to bring the States the
certainty they need. It is not going to bring the industry the robust
investment they need. It is not going to get us the jobs we need.

[[Page 13772]]

Yes, we will limp along until next May, and then there will be
incredible uncertainty about the next construction season. There won't
be major new projects planned. Nothing will happen. We need to resolve
that this year.
We should stay here, as the gentleman from Oregon said, and resolve
it this August. Five weeks, guys, and we can't get to this issue? Then
you are going to kick it into next year? Better, at least, that we are
confronted with it before the end of this year; then maybe we can get a
robust funding source.
Maybe we can make the investments we need. Maybe we could give the
States the tools they need next construction season and the certainty
they need next construction season to go forward.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RAHALL. Madam Speaker, I yield the gentleman an additional 1
minute.
Mr. DeFAZIO. We just had a Standard & Poor's study. 29,000 jobs are
created, and these are not just construction jobs. They are engineering
jobs, technical jobs, and manufacturing jobs for the equipment that
goes into this or the steel that goes into this. These are small
business jobs with a small business set-aside.
We are foregoing an incredible stimulus to our economy, putting
hundreds of thousands of Americans back to work or at work, building us
yet again toward a world-class infrastructure.
It is just shameful this has been bipartisan forever. Washington,
canals and highways; Lincoln, the transcontinental railroad;
Eisenhower, the national highway system; and Ronald Reagan put transit
into the national highway program--now, we are here limping along with
yet another patch that isn't adequate, won't give us the recovery we
need, and won't give us the transportation infrastructure we need to be
competitive in the 21st century.
It is a very sad day. We should reject this proposal and get to work.
Mr. SHUSTER. Madam Speaker, it is now my pleasure to yield 2 minutes
to the gentleman from Michigan (Mr. Camp), chairman of the Ways and
Means Committee.
Mr. CAMP. I thank the distinguished chairman for yielding.
Madam Speaker, the House passed their version of highway funding more
than 2 weeks ago. The Senate acted last night. Because of their rush,
there was actually a drafting error in the Senate version of the
highway bill that either creates a $2 billion hole in the deficit or
only funds the program through early October.
The House is not scheduled to be in session in October, so I would
suggest to my friends that I think the best thing to do at this stage
of the game is to accept this proposal and send the House bill back to
the Senate, which does a couple of things: it certainly does not
increase the deficit, as the Senate bill does, because of their
mistake; but also, it gets us through May 31.
I have committed to the distinguished gentleman on the other side
that the Ways and Means Committee will have a hearing on transportation
funding in September when we return, but this gives us the time to look
at the competing proposals to finance our infrastructure.
Those disagreements don't necessarily follow along partisan lines, as
the previous speaker might have suggested. Not everybody agrees with
the gas tax. Not everybody agrees with miles driven. Not everybody
agrees with tolls. We are going to have to work through those
alternatives and see what other proposals might be there to see where
we can move forward.
I believe we can move forward in a bipartisan way on this issue
because our infrastructure needs--I would agree with the previous
speaker--are dire. They are important. We do need to move forward on a
long-term funding bill, but if we don't get past October and if we
don't do this today, August 1 is the day the contracts start ending. I
think that would be completely irresponsible to allow that to begin to
occur.
So let's have continuity in transportation projects and funding.
Support the House bill. Send it back to the Senate. I am certain, given
the mistake in their legislation, that will be accepted when it gets to
the other side.
Mr. RAHALL. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Madam Speaker, I deeply appreciate the comments of my
good friend, the chairman of the Ways and Means Committee, with whom I
have enjoyed working for 8 years now on the committee. I appreciate his
commitment that we will have a hearing on transportation finance in
September. I welcome that.
I absolutely agree that people are all over the map. Some people want
to get us out of the transportation system on a Federal level--
devolution--some want more resources, some want just to limp along. I
look forward to having that conversation, but I would just make three
brief observations.
One is that it is true we are not scheduled to be in business in
October. I think that, frankly, is wrong. I don't think we should
recess to campaign when there are all these questions about
transportation, and we could roll up our sleeves and actually be doing
something. I, for one, would be happy to be here in October, working to
avoid a cliff next May.
Second, there is a $2 billion drafting mistake on the part of the
Senate. These things are not unforeseen or unexpected. We have had
experience with them in the past. I am quite confident, in a matter of
minutes, we could work with the Senate and put the right language in,
and we would be able to avoid that problem.
Finally, we were committed to solving the problem for stakeholders in
business, labor, local governments, State, transits, environmentalists,
equipment manufacturers, a whole range of people would be happy if we
would sit down and be able to fix the modest little technical problem
and embrace what all but three Democrats voted for 2 weeks ago and what
79 Republicans and Democrats voted for in the Senate.
I appreciate what I have heard, and I look forward to working with
the gentleman to see what progress we can make. I volunteer to be here
in October with him.
Mr. SHUSTER. Madam Speaker, I have no further speakers, and I
continue to reserve the balance of my time.
Mr. RAHALL. Madam Speaker, I yield back the balance of my time.
Mr. SHUSTER. Madam Speaker, I will conclude and yield myself the
balance of my time.
In closing, I would like to reiterate my strong support of this
motion. It strips the Senate amendments to H.R. 5021 and sends our
original bill back to the Senate, which we passed 367-55.
Our bill is the responsible solution that ensures that we don't play
politics with these programs and enables us to continue making
improvement to our surface transportation system.
This course of action in no way precludes Congress from continuing to
work on addressing a long-term funding solution and a long-term
reauthorization bill, which remains a top priority for the
Transportation and Infrastructure Committee.
I strongly urge all Members to support this motion. Let me be
perfectly clear: a vote against this motion is a vote to shut down
surface transportation projects and programs. The American people
deserve better than that, and we can do better than that.
I urge all my colleagues to join me in support of this motion, and I
yield back the balance of my time.
Ms. BROWN of Florida. Madam Speaker, Surface Transportation Programs
are too critical to our economy to become a political issue. The short-
term Highway Trust Fund extension that the House is voting on today
will keep workers on the job this summer and fall fixing our bridges,
operating our transit systems and making our highways safer.
Unfortunately, we're already behind the 8 Ball in preparing for
surface reauthorization and have some serious work to do in deciding
how we are going to fund the future of transportation in this country.
Developing a bill based on strong policy is always the best way to
write legislation, but

[[Page 13773]]

the most critical part of developing this next reauthorization bill is
clearly finding a way to pay for it. Without that everything else is
just talk.
As we prepare for reauthorization of MAP-21 we need to get serious
about funding our nation's transportation system. We can't continue to
provide grossly inadequate funding for our nation's infrastructure.
We're failing to keep pace with our international competitors who are
investing heavily in infrastructure, particularly rail infrastructure
to move people, goods, and services in their countries. I agree we need
to squeeze out every bit of efficiency we can through improved
technology and innovation, but we are kidding ourselves if we don't
think it will take a significant investment in our nation's
infrastructure to truly solve the congestion problems we are facing.
The Transportation and Infrastructure Committee needs to take the
bull by the horns and decide how we are going to fund all forms of
transportation for the future. Our committee needs to have all possible
options on the table to address our current shortfalls. The American
Society of Civil Engineers has given our nation infrastructure a D
grade. That is unacceptable for the greatest country in the world.
Transportation and Infrastructure funding is absolutely critical to
the nation, and, if properly funded, serves as a tremendous economic
and job creator. In fact, Department of Transportation (DOT) statistics
show that for every $1 billion invested in transportation
infrastructure, 44,000 jobs are created, as is $6.2 billion in economic
activity.
So, as the Transportation & Infrastructure committee prepares the
next transportation reauthorization bill, I hope we can develop a long
term bill with dedicated funding source for all modes of transportation
so we can improve our nation's infrastructure, create jobs and improve
the economy, and provide new and innovative transportation options for
the traveling public.
Mr. VAN HOLLEN. Madam Speaker, I rise in reluctant opposition to the
highway bill before us today. While I strongly support infrastructure
spending and believe we must pass a short-term fix to avert insolvency
this summer, I am concerned that this bill will allow us to simply kick
the can down the road one more time and delay a long-term solution.
This week, the Senate voted on a bipartisan basis to shorten the
timeline of this emergency extension, increasing pressure for a
permanent solution this year. The House should not now delay those
urgent conversations into next Spring. Our states and businesses have
repeatedly asked for a long-term highway bill that provides certainty
and allows them to tackle our greatest infrastructure needs. Congress
should pass a temporary patch to get us the next few months, and then
immediately begin work to fix the Trust Fund once and for all. Our
constituents expect solutions, not band-aids, and it is long past time
for Congress to deliver.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 696, the previous question is ordered.
The question is on the motion by the gentleman from Pennsylvania (Mr.
Shuster).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SHUSTER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adoption of the motion to disagree to the Senate
amendment will be followed by a 5-minute vote on the question on
agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 272,
nays 150, not voting 10, as follows:

[Roll No. 473]

YEAS--272

Aderholt
Amash
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Byrne
Calvert
Camp
Campbell
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Daines
Davis (CA)
Davis, Rodney
DelBene
Denham
Dent
DeSantis
Diaz-Balart
Duckworth
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Enyart
Esty
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Garcia
Gardner
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Heck (WA)
Hensarling
Herrera Beutler
Higgins
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kelly (PA)
Kilmer
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Lankford
Larsen (WA)
Latham
Latta
Lipinski
LoBiondo
Loebsack
Long
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Maffei
Maloney, Sean
Marchant
Marino
Massie
McAllister
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Neugebauer
Noem
Nolan
Nugent
Nunes
Olson
Palazzo
Pastor (AZ)
Paulsen
Pearce
Perry
Peters (MI)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Posey
Price (GA)
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Ruiz
Runyan
Ruppersberger
Ryan (WI)
Salmon
Sanford
Scalise
Schneider
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shea-Porter
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)

NAYS--150

Bass
Beatty
Becerra
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
Deutch
Doggett
Doyle
Edwards
Engel
Eshoo
Farr
Fattah
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garrett
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hastings (FL)
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kennedy
Kildee
Kind
Langevin
Larson (CT)
Lee (CA)
Levin
Lewis
Lofgren
Lowenthal
Lowey
Lynch
Maloney, Carolyn
Matheson
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Negrete McLeod
O'Rourke
Owens
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters (CA)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Velazquez
Wasserman Schultz
Waters
Waxman
Welch
Whitfield
Wilson (FL)
Yarmuth

NOT VOTING--10

Cantor
DesJarlais
Dingell
Ellison
Hanabusa
Jeffries
Kelly (IL)
Nunnelee
Pompeo
Scott (VA)

{time} 1424

Messrs. ISRAEL, SERRANO, and OWENS changed their vote from ``yea'' to
``nay.''
Messrs. HURT, SCHNEIDER, Ms. SHEA-PORTER, and Mr. POSEY changed their
vote from ``nay'' to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

[[Page 13774]]

Stated against:
Ms. KELLY of Illinois. Mr. Speaker, on rollcall No. 473, had I been
present, I would have voted ``no.''

____________________

LEGISLATIVE PROGRAM

(Mr. McCARTHY of California asked and was given permission to address
the House for 1 minute.)
Mr. McCARTHY of California. Madam Speaker, I want to advise all
Members that additional votes are possible today. We will send out
information as soon as it is possible.
Mr. HOYER. Will the gentleman yield?
Mr. McCARTHY of California. I yield to the gentleman from Maryland.
Mr. HOYER. I thank the gentleman.
We are going to have to call some Members back. They already left on
the representation that this was the last vote of the day. I would
imagine you have some Members that are in that category themselves.
Can the gentleman give me any idea of when we will have notice as to
whether or not there will be further votes today?
Mr. McCARTHY of California. Knowing that some Members, with this vote
just now closed, and earlier they announced that we would not walk off
the floor until 3:45, I think it is possible to advise all Members that
it is possible to have votes later today.
I am hopeful that by late this afternoon we will be able to notify
the time of it.

____________________

THE JOURNAL

The SPEAKER pro tempore. Without objection, 5-minute voting will
continue.
There was no objection.
The SPEAKER pro tempore. The unfinished business is the question on
agreeing to the Speaker's approval of the Journal, which the Chair will
put de novo.
The question is on the Speaker's approval of the Journal.
Pursuant to clause 1, rule I, the Journal stands approved.

____________________

RECESS

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 2 o'clock and 30 minutes p.m.), the House stood in
recess.

____________________

{time} 1819
AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Ms. Foxx) at 6 o'clock and 19 minutes p.m.

____________________

REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII
WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE
COMMITTEE ON RULES, AND PROVIDING FOR CONSIDERATION OF MOTIONS TO
SUSPEND THE RULES

Mr. COLE, from the Committee on Rules, submitted a privileged report
(Rept. No. 113-570) on the resolution (H. Res. 700) waiving a
requirement of clause 6(a) of rule XIII with respect to consideration
of certain resolutions reported from the Committee on Rules, and
providing for consideration of motions to suspend the rules, which was
referred to the House Calendar and ordered to be printed.

____________________

MAJORITY LEADER

Mrs. McMORRIS RODGERS. Madam Speaker, as chair of the Republican
Conference, I am directed by that Conference to notify the House
officially that the Republican Members have selected as majority leader
the gentleman from California, the Honorable Kevin McCarthy, effective
August 1, 2014.

____________________

MAJORITY WHIP

Mrs. McMORRIS RODGERS. Madam Speaker, as chair of the Republican
Conference, I am directed by that Conference to notify the House
officially that the Republican Members have selected as majority whip
the gentleman from Louisiana, the Honorable Steve Scalise, effective
August 1, 2014.

____________________

RECALL DESIGNEE

The SPEAKER pro tempore laid before the House the following
communication from the Honorable John A. Boehner, Speaker of the House
of Representatives:

House of Representatives,

Washington, DC, July 31, 2014.
Hon. Karen L. Haas,
Clerk of the House of Representatives, Washington, DC.
Dear Madam Clerk: Pursuant to House Concurrent Resolution
1, and also for purposes of such concurrent resolutions of
the current Congress as may contemplate my designation of
Members to act in similar circumstances, I hereby designate
Representative Kevin McCarthy of California to act jointly
with the Majority Leader of the Senate or his designee, in
the event of my death or inability, to notify the Members of
the House and the Senate, respectively, of any reassembly
under any such concurrent resolution. In the event of the
death or inability of that designee, the alternate Members of
the House listed in the letter bearing this date that I have
placed with the Clerk are designated, in turn, for the same
purposes.
Sincerely,
John A. Boehner,
Speaker.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. The Chair announces that the Speaker has
delivered to the Clerk a letter dated July 31, 2014, listing Members in
the order in which each shall act as Speaker pro tempore under clause
8(b)(3) of rule I.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, July 31, 2014.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Under Clause 2(g) of Rule II of the Rules
of the U.S. House of Representatives, I herewith designate
Robert Reeves, Deputy Clerk, and Kirk Boyle, Legal Counsel,
to sign any and all papers and do all other acts for me under
the name of the Clerk of the House which they would be
authorized to do by virtue of this designation, except such
as are provided by statute, in case of my temporary absence
or disability.
This designation shall remain in effect for the 113th
Congress or until modified by me.
With best wishes, I am
Sincerely,
Karen L. Haas,
Clerk of the House.

____________________

HOUR OF MEETING ON TOMORROW

Mr. COLE. Madam Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at 10 a.m. tomorrow.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.

____________________

CELEBRATING THE 75TH ANNIVERSARY OF LITTLE LEAGUE BASEBALL

(Mr. MARINO asked and was given permission to address the House for 1
minute.)
Mr. MARINO. Mr. Speaker, I rise today to recognize the 75th
anniversary of Little League Baseball.
Little League was founded by Carl Stotz in my hometown of
Williamsport, Pennsylvania, in 1938. Little League's success is because
of the dedication of the volunteers, coaches, organizers, and
especially youth that participate in this organization around the
world.
For the past 75 years, Little League timelessly worked to grow the
support of baseball and participation of youth in physical activity.
Since its inception, over 35 million kids have participated in Little
League baseball, with currently 2.4 million children playing in more
than 80 countries around the world in over 7,000 programs.

[[Page 13775]]

This year, some of these 11- and 12-year-old boys and girls will join
in South Williamsport, Pennsylvania, to celebrate their accomplishments
as they play in the 68th Little League World Series.
I am honored to offer my congratulations to Little League Baseball.
I commend the League for continuing to promote the ideals of fair
play, sportsmanship, and teamwork; providing a solid foundation of
skills and ethics that will assist these children for the rest of their
lives.
I am honored to offer my congratulations to all the participants,
coaches, volunteers, sponsors, and organizers of Little League and
Honor their dedication to the sport of baseball and the improvement of
youth around the world.

____________________

HOUSE BILLS APPROVED BY THE PRESIDENT

The President notified the Clerk of the House that on the following
dates he had approved and signed bills of the following titles:

June 30, 2014:
H.R. 316. An Act to reinstate and transfer certain
hydroelectric licenses and extend the deadline for
commencement of construction of certain hydroelectric
projects.
July 16, 2014:
H.R. 2388. An Act to take certain Federal lands located in
El Dorado County, California, into trust for the benefit of
the Shingle Springs Band of Miwok Indians, and for other
purposes.
July 22, 2014:
H.R. 803. An Act to amend the Workforce Investment Act of
1998 to strengthen the United States workforce development
system through innovation in, and alignment and improvement
of, employment, training, and education programs in the
United States, and to promote individual and national
economic growth, and for other purposes.
July 25, 2014:
H.R. 255. An Act to amend certain definitions contained in
the Provo River Project Transfer Act for purposes of
clarifying certain property descriptions, and for other
purposes.
H.R. 272. An Act to designate the Department of Veterans
Affairs and Department of Defense joint outpatient clinic to
be constructed in Marina, California, as the ``Major General
William H. Gourley VA-DOD Outpatient Clinic''.
H.R. 291. An Act to provide for the conveyance of certain
cemeteries that are located on National Forest System land in
Black Hills National Forest, South Dakota.
H.R. 330. An Act to designate a Distinguished Flying Cross
National Memorial at the March Field Air Museum in Riverside,
California.
H.R. 356. An Act to clarify authority granted under the Act
entitled ``An Act to define the exterior boundary of the
Uintah and Ouray Indian Reservation in the State of Utah, and
for other purposes''.
H.R. 507. An Act to provide for the conveyance of certain
land in holdings owned by the United States to the Pascua
Yaqui Tribe of Arizona, and for other purposes.
H.R. 697. An Act to provide for the conveyance of certain
Federal land in Clark County, Nevada, for the environmental
remediation and reclamation of the Three Kids Mine Project
Site, and for other purposes.
H.R. 876. An Act to authorize the continued use of certain
water diversions located on National Forest System land in
the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in the State of Idaho, and for
other purposes.
H.R. 1158. An Act to direct the Secretary of the Interior
to continue stocking fish in certain lakes in the North
Cascades National Park, Ross Lake National Recreation Area,
and Lake Chelan National Recreation Area.
H.R. 1216. An Act to designate the Department of Veterans
Affairs Vet Center in Prescott, Arizona, as the ``Dr. Cameron
McKinley Department of Veterans Affairs Veterans Center''.
H.R. 1376. An Act to designate the facility of the United
States Postal Service located at 369 Martin Luther King Jr.
Drive in Jersey City, New Jersey, as the ``Judge Shirley A.
Tolentino Post Office Building''.
H.R. 1813. An Act to redesignate the facility of the United
States Postal Service located at 162 Northeast Avenue in
Tallmadge, Ohio, as the ``Lance Corporal Daniel Nathan
Deyarmin, Jr., Post Office Building''.
H.R. 2337. An Act to provide for the conveyance of the
Forest Service Lake Hill Administrative Site in Summit
County, Colorado.
H.R. 3110. An Act to allow for the harvest of gull eggs by
the Huna Tlingit people within Glacier Bay National Park in
the State of Alaska.

____________________

SENATE BILLS APPROVED BY THE PRESIDENT

The President notified the Clerk of the House that on the following
dates he had approved and signed bills of the Senate of the following
titles:

June 30, 2014:
S. 1044. An Act to direct the Secretary of the Interior to
install in the area of the World War II Memorial in the
District of Columbia a suitable plaque or an inscription with
the words that President Franklin D. Roosevelt prayed with
the United States on D-Day, June 6, 1944.
S. 1254. An Act to amend the Harmful Algal Blooms and
Hypoxia Research and Control Act of 1998, and for other
purposes.
S. 2086. An Act to address current emergency shortages of
propane and other home heating fuels and to provide greater
flexibility and information for Governors to address such
emergencies in the future.
July 7, 2014:
S. 1681. An Act to authorize appropriations for fiscal year
2014 for intelligence and Intelligence-related activities of
the United States Government and the Office of the Director
of National Intelligence, the Central Intelligence Agency
Retirement and Disability System, and for other purposes.

____________________

ADJOURNMENT

Mr. COLE. Madam Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 6 o'clock and 23 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Friday, August 1, 2014, at 10 a.m.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 2 of rule XIV, executive communications were taken from
the Speaker's table and referred as follows:

6707. A letter from the Planning and Regulatory Affairs
Office, OPS, Food and Nutrition Service, Department of
Agriculture, transmitting the Department's final rule --
Commodity Supplemental Food Program (CSFP): Implementation of
the Agricultural Act of 2014 (RIN: 0584-AE31) July 23, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
6708. A letter from the Associate Administrator, Department
of Agriculture, transmitting the Department's final rule --
Domestic Dates Produced or Packed in Riverside County,
California; Revision of Assessment Requirements [Docket No.:
AMS-FV-13-0090; FV14-987-2 FR] received July 29, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
6709. A letter from the Associate Administrator, Department
of Agriculture, transmitting the Department's final rule --
Dried Prunes Produced in California; Increased Assessment
Rate [Doc. No.: AMS-FV-13-0065; FV13-993-1 FR] received July
29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
6710. A letter from the Associate Administrator, Department
of Agriculture, transmitting the Department's final rule --
Irish Potatoes Grown in Washington and Imported Potatoes;
Modification of the Handling Regulations, Reporting
Requirements, and Import Regulations for Red Types of
Potatoes [Doc. No.: AMS-FV-13-0068; FV13-946-3 FIR] received
July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
6711. A letter from the Associate Administrator, Department
of Agriculture, transmitting the Department's final rule --
Olives Grown in California; Decreased Assessment Rate [Doc.
No.: AMS-FV-14-0002; FV14-932-1 FR] received June 26, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
6712. A letter from the Acting Director, Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska; Dusky
Rocketfish in the Western Regulatory Area of the Gulf of
Alaska [Docket No.: 130925836-4174-02] (RIN: 0648-XD360)
received July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
6713. A letter from the Associate Administrator, Department
of Agriculture, transmitting the Department's final rule --
Oranges and Grapefruit Grown in Lower Rio Grande Valley in
Texas and Imported Oranges; Change in Size Requirements For
Oranges [Doc. No.: AMS-FV-14-0009; FV14-906-1 FIR] received
July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
6714. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting the
Department's final rule -- Defense Federal Acquisition
Regulation Supplement: Application of Certain Clauses to
Acquisitions of Commercial Items (DFARS Case 2013-D035)
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Armed Services.
6715. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting the
Department's final rule -- Defense Federal Acquisition
Regulation Supplement: Domestically Nonavailable Articles-
Elimination of DoD-Unique List (DFARS Case 2013-D020) (RIN:
0750-AI11) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Armed Services.

[[Page 13776]]

6716. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting the
Department's final rule -- Defense Federal Acquisition
Regulation Supplement: Use of Military Construction Funds in
Countries Bordering the Arabian Sea (DFARS Case 2014-D016)
(RIN: 0750-AI33) July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Armed Services.
6717. A letter from the Associate General Counsel for
Legislation and Regulations, Department of Housing and Urban
Development, transmitting the Department's final rule --
Removal of HOPE for Homeowners Program Regulations [Docket
No.: FR-5790-F-01] (RIN: 2501-AD68) received July 29, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
6718. A letter from the Acting Assistant General Counsel
for Regulatory Services, Department of Education,
transmitting the Department's final rule -- Final priority.
National Institute on Disability and Rehabilitation Research
---Research Fellowships Program (also known as the Mary E.
Switzer Research Fellowships) [Docket ID: ED-2014-OSERS-0041]
received July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Education and the Workforce.
6719. A letter from the Acting Assistant General Counsel
for Regulatory Services, Department of Education,
transmitting the Department's final rule -- Final priority.
National Institute on Disability and Rehabilitation Research-
-Rehabilitation Research and Training Centers [Docket ID: ED-
2014-OSERS-0028] received July 29, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Education and the
Workforce.
6720. A letter from the Acting Assistant General Counsel
for Regulatory Services, Department of Education,
transmitting the Department's final rule -- Final priority.
National Institute on Disability and Rehabilitation Research-
-Disability and Rehabilitation Research Projects and Centers
Program [Docket ID: ED-2014-OSERS-0023] received July 29,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Education and the Workforce.
6721. A letter from the General Counsel, National Endowment
for the Humanities, transmitting the Endowment's final rule
-- Nondiscrimination on the Basis of Age in Federally
Assisted Programs or Activities (RIN: 3136-AA33) received
June 26, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Education and the Workforce.
6722. A letter from the General Counsel, Pension Benefit
Guaranty Corporation, transmitting the Corporation's final
rule -- Benefits Payable in Terminated Single-Employer Plans;
Interest Assumptions for Paying Benefits received July 29,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Education and the Workforce.
6723. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; New Mexico; Grant County Sulfur
Dioxide Limited Maintenance Plan [EPA-R06-OAR-2013-0764; FRL-
9913-94-Region 6] received July 17, 2014, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
6724. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; New York State; Transportation
Conformity Regulations [EPA-R02-OAR-2014-0238; FRL-9913-73-
Region 2] received July 17, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
6725. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Idaho Franklin County Portion of the
Logan Nonattainment Area; Fine Particulate Matter Emissions
Inventory [EPA-R10-OAR-2014-0228; FRL-9913-97-OAR] received
July 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
6726. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; State of Missouri, Auto Exhaust
Emission Controls [EPA-R07-OAR-2014-0400; FRL-9913-81-Region
7] received July 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
6727. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; State of Missouri; Control of Nitrogen
Oxide Emissions from Large Stationary Internal Combustion
Engines [EPA-R07-OAR-2013-0674; FRL-9913-79-Region 7]
received July 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
6728. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Texas; Conformity of General Federal
Actions [EPA-R06-OAR-2011-0919; FRL-9913-92-Region 6]
received July 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
6729. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Washington: Infrastructure Requirements
for the 2008 Lead National Ambient Air Quality Standards
[EPA-R10-OAR-2014-0333; FRL-9914-11-OAR] received July 17,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
6730. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Idaho: Portneuf Valley PM10 Maintenance
Plan Amendment to the Motor Vehicle Emissions Budgets [EPA-
R10-OAR-2014-0388; FRL-9913-84-Region 10] received July 17,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
6731. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Polyoxyalkylated Trimethylopropanes;
Tolerance Exemption [EPA-HQ-OPP-2013-0023; FRL-9912-10]
received June 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
6732. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Regulation of Fuels and Fuel
Additives: RFS Pathways II, and Technical Amendments to the
RFS Standards and E15 Misfueling Mitigation Requirements
[EPA-HQ-OAR-2012-0401; FRL-9910-40-OAR] (RIN: 2060-AR21)
received July 17, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
6733. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- RFS Renewable Identification Number
(RIN) Quality Assurance Program [EPA-HQ-OAR-2012-0621; FRL-
9906-55-OAR] (RIN: 2060-AR72) received July 17, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
6734. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Zoxamide; Pesticide Tolerances [EPA-
HQ-OPP-2013-0644; FRL-9913-35] received July 17, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
6735. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Delaware; Redesignation
Requests, Associated Maintenance Plans, and Motor Vehicle
Emissions Budgets for the Delaware Portion of the
Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the
1997 Annual and 2006 24-Hour Fine Particulate Matter
Standards, and the 2007 Comprehensive Emissions Inventory for
the 2006 24-Hour Fine Particulate Matter Standard [EPA-R03-
OAR-2014-0022; FRL-9914-53-Region 3] received July 29, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
6736. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Alaska: Interstate Transport of
Pollution [EPA-R10-OAR-2011-0609; FRL-9914-48-Region 10]
received July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Energy and Commerce.
6737. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; State of Nebraska; Fine Particulate
Matter New Source Review [EPA-R07-OAR-2014-0468; FRL-9914-52-
Region 7] received July 29, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
6738. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Texas; Reasonably Available Control
Technology for the 1997 8-Hour Ozone National Ambient Air
Quality Standard [EPA-R06-OAR-2010-0332; FRL-9914-45-Region
6] received July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
6739. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval of Air Quality Implementation
Plans; Navajo Nation; Regional Haze Requirements for Navajo
Generation Station [EPA-R09-OAR-2013-0009; FRL-9914-62-Region
9] received July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
6740. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Bifenazate; Pesticide Tolerances [EPA-
HQ-OPP-2010-0904; FRL-9912-92] received June 29, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.

[[Page 13777]]

6741. A letter from the Acting Director, Office of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting the Commission's final rule -- Export Controls
and Physical Security Standards [NRC-2014-0007] (RIN: 3150-
AJ33) received July 30, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
6742. A letter from the Acting Director, Office of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting the Commission's final rule -- Revision of Fee
Schedules; Fee Recovery for Fiscal Year 2014 [NRC-2013-0276]
(RIN: 3150-AJ32) received July 30, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
6743. A letter from the Deputy Assistant Secretary for
Export Administration, Department of Commerce, transmitting
the Department's final rule -- Addition of Certain Persons to
the Entity List [Docket No.: 140429382-4382-01] (RIN: 0694-
AG16) received July 30, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Foreign Affairs.
6744. A letter from the Assistant Secretary, Legislative
Affairs, Department of State, transmitting Transmittal No.
DDTC 14-066, pursuant to the reporting requirements of
Section 36(c) of the Arms Export Control Act; to the
Committee on Foreign Affairs.
6745. A letter from the Assistant Secretary, Legislative
Affairs, Department of State, transmitting pursuant to
section 3(d) of the Arms Export Control Act, as amended,
certification regarding the proposed transfer of major
defense equipment (Transmittal No. RSAT-14-3942); to the
Committee on Foreign Affairs.
6746. A letter from the Acting General Counsel, Department
of Housing and Urban Development, transmitting two reports
pursuant to the Federal Vacancies Reform Act of 1998; to the
Committee on Oversight and Government Reform.
6747. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Federal Acquisition Circular 2005-76; Small
Entity Compliance Guide [Docket No.: FAR 2014-0052, Sequence
No. 4] received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Oversight and Government
Reform.
6748. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Technical Amendments [FAC 2005-76; Item IV;
Docket No. 2014-0053; Sequence No. 2] received July 28, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
6749. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Allowability of Legal Costs for Whistleblower
Proceedings [FAC 2005-76; FAR Case 2013-017; Items III;
Docket 2013-0017, Sequence 1] (RIN: 9000-AM64) received July
28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Oversight and Government Reform.
6750. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Small Business Protests and Appeals [FAC 2005-76;
FAR Case 2012-014; Item II; Docket 2012-0014, Sequence 1]
(RIN: 9000-AM46) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Oversight and Government
Reform.
6751. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation: Equal Employment and Affirmative Action for
Veterans and Individuals with Disabilities [FAC 2005-76; FAR
Case 2014-013; Item I; Docket 2014-0003, Sequence] (RIN:
9000-AM76) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Oversight and Government
Reform.
6752. A letter from the Senior Procurement Executive,
General Services Administration, transmitting the
Administration's final rule -- Federal Acquisition
Regulation; Federal Acquisition Circular 2005-76;
Introduction [Docket No.: FAR 2014-0051, Sequence No. 4]
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Oversight and Government Reform.
6753. A letter from the General Counsel, Peace Corps,
transmitting a report pursuant to the Federal Vacancies
Reform Act of 1998; to the Committee on Oversight and
Government Reform.
6754. A letter from the Acting Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting
the Administration's final rule -- Fisheries of the Exclusive
Economic Zone Off Alaska; Reapportionment of Halibut
Prohibited Species Catch Limit in the Bering Sea and Aleutian
Islands [Docket No. 131021878-4158-02] (RIN: 0648-XD347)
received July 30, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
6755. A letter from the Chief, FWS Endangered Species
Listing Branch, Department of the Interior, transmitting the
Department's final rule -- Endangered and Threatened Wildlife
and Plants; Revision of Critical Habitat for Salt Creek Tiger
Beetle [Docket No.: FWS-R6-ES-2013-0068] (RIN: 1018-AY56)
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
6756. A letter from the Chief, Branch of Listing,
Department of the Interior, transmitting the Department's
final rule -- Endangered and Threatened Wildlife and Plants;
Designation of Critical Habitat for the Northwest Atlantic
Ocean Distinct Population Segment of the Loggerhead Sea
Turtle [Docket No.: FWS-R4-ES-2012-0103; 4500030114] (RIN:
1018-AY71) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
6757. A letter from the Chief, Branch of Endangered Species
Listing, Department of the Interior, transmitting the
Department's final rule -- Endangered and Threatened Wildlife
and Plants; Endangered Species Status of the Zuni Bluehead
Sucker [Docket No.: FWS-R2-ES-2012-0101] (RIN: 1018-AY25)
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
6758. A letter from the Chief, Division of Policy and
Directives Management, Department of the Interior,
transmitting the Department's final rule -- Addresses of
Headquarters Offices [Docket No.: FWS-HQ-BPHR-2014-0028;
FXGO16600954000-134-FF09B30000] (RIN: 1018-BA52) received
July 29, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
6759. A letter from the Acting Director, Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Snapper-Grouper Fishery of the South Atlantic; 2014
Commercial Accountability Measure and Closure for the South
Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish
Complex [Docket No.: 120815345-3525-02] (RIN: 0648-XD350)
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
6760. A letter from the Acting Director, Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Northern Rockfish in the Western Regulatory Area of the Gulf
of Alaska [Docket No.: 130925836-4174-02] (RIN: 0648-XD359)
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Natural Resources.
6761. A letter from the Acting Director, Office of
Sustainable Fisheries, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Ocean Perch in the Western Regulatory Area of the
Gulf of Alaska [Docket No.: 130925836-4174-02] (RIN: 0648-
XD358) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
6762. A letter from the Deputy Assistant Administrator for
Regulatory Program, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Endangered and Threatened Species: Designation of a
Nonessential Experimental Population of Upper Columbia River
Spring-run Chinook Salmon in the Okanogan River Subbasin,
Washington and Protective Regulations [Docket No.: 13071662-
4522-02] (RIN: 0648-BD51) received July 29, 2014, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
6763. A letter from the Deputy Assistant Administrator for
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Atlantic
Bluefish Fishery; 2014 Atlantic Bluefish Specifications
[Docket No.: 140214138-4482-02] (RIN: 0648-XD139) received
July 30, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
6764. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Administrative Wage Garnishment [EPA-
HQ-OA-2014-0012; FRL-9913-63-OCFO] received July 17, 2014,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
6765. A letter from the Director of Regulation Policy and
Management, Office of the General Counsel, Department of
Veterans Affairs, transmitting the Department's final rule --
Servicemembers' Group Life Insurance -- Veterans' Group Life
Insurance Regulation Update -- ABO, VGLI Application, SGLI 2-
Year Disability Extension (RIN: 2900-AO74) received July 30,
2014, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
6766. A letter from the Federal Register Liaison Officer,
Department of Treasury, transmitting the Department's final
rule -- Establishment of the Malibu Coast Viticultural Area
[Docket No.: TTB-2013-007; T.D. TTB-121; Ref: Notice No. 138]
(RIN: 1513-AC01) received July 30, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
6767. A letter from the Federal Liaison Officer, Department
of the Treasury, transmitting the Department's final rule --
Establishment of the Upper Hiawassee Highlands Viticultural
Area [Docket No.: TTB-2013-

[[Page 13778]]

0008; T.D. TTB-120; Ref: Notice No. 139] (RIN: 1513-AC02)
received July 30, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
6768. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Branded Prescription Drug Fee;
Procedural and Administrative Guidance [Notice 2014-42]
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
6769. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Revenue Procedure Guidance on
Indexing Under Section 36B and Section 5000A (Rev. Proc.
2014-37) received July 28, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
6770. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Revenue Procedure Providing Guidance
To Compute the Section 162(I) Deduction with Section 36B
Credit (Rev. Proc. 2014-41) received July 28, 2013, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
6771. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Branded Prescription Drug Fee [TD
9684] (RIN: 1545-BJ39) received July 28, 2014, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
6772. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Section 5000A National Average
Premium for a Bronze level of Coverage [Rev. Proc. 2014-46]
received July 28, 2014, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
6773. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Further Guidance on the
Implementation of FATCA and Related Withholding Provisions
[Notice 2014-33] received June 26, 2014, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
6774. A letter from the General Counsel, Office of
Compliance, transmitting the Office's biennial report
entitled ``Americans With Disabilities Act Inspections
Relating to Public Services and Accommodations'' for the
112th Congress; jointly to the Committees on House
Administration and Education and the Workforce.

____________________

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:

Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 5078. A bill to preserve existing rights
and responsibilities with respect to waters of the United
States, and for other purposes (Rept. 113-568). Referred to
the Committee of the Whole House on the state of the Union.
Mr. McKEON: Committee on Armed Services. House Resolution
644. Resolution condemning and disapproving of the Obama
administration's failure to comply with the lawful statutory
requirement to notify Congress before releasing individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba, and expressing national security concerns over the
release of five Taliban leaders and the repercussions of
negotiating with terrorists; with amendments (Rept. 113-569).
Referred to the House Calendar.
Mr. COLE: Committee on Rules. House Resolution 700.
Resolution waiving a requirement of clause 6(a) of rule XIII
with respect to consideration of certain resolutions reported
from the Committee on Rules, and providing for consideration
of motions to suspend the rules (Rept. 113-570). Referred to
the House Calendar.

____________________

PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:

By Mrs. McMORRIS RODGERS:
H.R. 5303. A bill to promote the use of blended learning in
classrooms across America; to the Committee on Education and
the Workforce.
By Ms. JENKINS (for herself and Mr. Cartwright):
H.R. 5304. A bill to amend title XVIII of the Social
Security Act to provide for treatment of audiologists as
physicians for purposes of furnishing audiology services
under the Medicare program, to improve access to the
audiology services available for coverage under the Medicare
program and to enable beneficiaries to have their choice of a
qualified audiologist to provide such services, and for other
purposes; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PIERLUISI:
H.R. 5305. A bill to amend title 11 of the United States
Code to treat Puerto Rico as a State for purposes of chapter
9 of such title relating to the adjustment of debts of
municipalities; to the Committee on the Judiciary.
By Mr. LARSON of Connecticut:
H.R. 5306. A bill to protect our Social Security system and
improve benefits for current and future generations; to the
Committee on Ways and Means, and in addition to the
Committees on Education and the Workforce, and the Budget,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. LARSON of Connecticut:
H.R. 5307. A bill to amend the Internal Revenue Code of
1986 to reduce carbon pollution in the United States, invest
in the Nation's infrastructure, and cut taxes for working
Americans; to the Committee on Ways and Means, and in
addition to the Committee on Foreign Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FARENTHOLD:
H.R. 5308. A bill to prohibit foreign assistance to
countries that do not prohibit shark finning in the
territorial waters of the country or the importation, sale,
possession, or consumption of shark fins obtained as a result
of shark finning; to the Committee on Foreign Affairs.
By Ms. BONAMICI (for herself, Mr. Rohrabacher, Ms.
Eddie Bernice Johnson of Texas, Mr. Smith of Texas,
Mr. Schrader, and Mr. DeFazio):
H.R. 5309. A bill to authorize and strengthen the tsunami
detection, forecast, warning, research, and mitigation
program of the National Oceanic and Atmospheric
Administration, and for other purposes; to the Committee on
Science, Space, and Technology.
By Mr. GARY G. MILLER of California (for himself and
Mrs. Carolyn B. Maloney of New York):
H.R. 5310. A bill to amend the S.A.F.E. Mortgage Licensing
Act of 2008 to specify that courses offered by lenders for
their own employees may not satisfy the pre-licensing
education or continuing education requirement; to the
Committee on Financial Services.
By Mr. POLIS:
H.R. 5311. A bill to designate certain lands in the State
of Colorado as components of the National Wilderness
Preservation System, to designate the Tenmile Recreation
Management Area and Porcupine Gulch Protection Area, and for
other purposes; to the Committee on Natural Resources.
By Mr. PRICE of North Carolina (for himself and Mr.
Duncan of Tennessee):
H.R. 5312. A bill to direct the Administrator of the
Federal Aviation Administration to issue regulations to
improve the tracking of aircraft in flight, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. SEAN PATRICK MALONEY of New York:
H.R. 5313. A bill to amend the Patient Protection and
Affordable Care Act to allow sole proprietors and the spouses
and domestic partners of sole proprietors to purchase
insurance on the small business exchange, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. CARTWRIGHT (for himself, Mr. Blumenauer, Mr.
Capuano, Mr. Cole, Mr. Dent, Mr. Doggett, Mr. Grimm,
Mr. Hastings of Florida, Mr. Holt, Mr. Honda, Mr.
Huffman, Mr. Loebsack, Ms. Pingree of Maine, Mr.
Young of Alaska, Ms. Norton, Mr. Peters of
California, and Mr. Fitzpatrick):
H.R. 5314. A bill to amend title 31, United States Code, to
enhance the Federal Government's planning and preparation for
extreme weather, and the Federal Government's dissemination
of best practices to respond to extreme weather, thereby
increasing resiliency, improving regional coordination, and
mitigating the financial risk to the Federal Government from
such extreme weather; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Oversight
and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BURGESS:
H.R. 5315. A bill to authorize the President to transfer
certain military equipment to the Government of Ukraine, and
for other purposes; to the Committee on Foreign Affairs.
By Mr. STOCKMAN:
H.R. 5316. A bill to secure the border between the United
States and Mexico; to the Committee on the Judiciary, and in
addition to the Committees on Homeland Security, Ways and
Means, Armed Services, and Foreign Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.

[[Page 13779]]

By Mr. JEFFRIES (for himself and Mr. Capuano):
H.R. 5317. A bill to make the acquisition, installation,
and maintenance of security cameras, safety lighting, and
building locking mechanisms in public housing an eligible
activity under community development block grant program; to
the Committee on Financial Services.
By Mr. GOSAR (for himself and Mr. Franks of Arizona):
H.R. 5318. A bill to ensure certain safety measures are
utilized in the interest of public health security with
respect to labeling and transporting human tissue specimen or
collection of specimens into interstate commerce; to the
Committee on Energy and Commerce.
By Mr. HULTGREN (for himself and Mr. Neal):
H.R. 5319. A bill to amend the Internal Revenue Code of
1986 to modify certain rules applicable to qualified small
issue manufacturing bonds; to the Committee on Ways and
Means.
By Mr. BACHUS (for himself, Mr. Sessions, and Ms.
Moore):
H.R. 5320. A bill to direct the Attorney General to provide
State officials with access to criminal history information
with respect to certain financial service providers required
to undergo State criminal background checks, and for other
purposes; to the Committee on Financial Services, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BENISHEK:
H.R. 5321. A bill to amend the Public Health Service Act to
limit rescissions of coverage under health plans in the
individual and group market, contingent on the enactment of
legislation repealing the Patient Protection and Affordable
Care Act, and for other purposes; to the Committee on Energy
and Commerce.
By Mrs. BLACKBURN (for herself and Mr. Roe of
Tennessee):
H.R. 5322. A bill to establish the Department of Energy and
the Environment, and for other purposes; to the Committee on
Oversight and Government Reform, and in addition to the
Committees on Energy and Commerce, and Rules, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUTTERFIELD (for himself, Mr. Lynch, Mr. Jones,
and Mr. Price of North Carolina):
H.R. 5323. A bill to provide leave to certain new employees
who are veterans with a service-connected disability rated at
30 percent or more for purposes of undergoing medical
treatment for such disability, and for other purposes; to the
Committee on Veterans' Affairs.
By Mrs. CAPPS (for herself and Mr. Pascrell):
H.R. 5324. A bill to promote youth athletic safety and for
other purposes; to the Committee on Energy and Commerce, and
in addition to the Committee on Education and the Workforce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. CARDENAS (for himself, Mr. Joyce, Mr. McGovern,
Mr. Veasey, Mr. Ryan of Ohio, Mr. Enyart, and Mr.
Butterfield):
H.R. 5325. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives to meet the needs of the
American manufacturing workforce, and for other purposes; to
the Committee on Ways and Means, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CASSIDY:
H.R. 5326. A bill to amend the Internal Revenue Code of
1986 to provide for dependent care savings accounts; to the
Committee on Ways and Means.
By Mr. CICILLINE (for himself, Ms. Norton, and Mr.
Grijalva):
H.R. 5327. A bill to amend the Fair Labor Standards Act of
1938 to prohibit work by children in tobacco-related
agriculture as particularly hazardous oppressive child labor;
to the Committee on Education and the Workforce.
By Mr. COFFMAN (for himself, Mr. Pearce, and Mr.
Valadao):
H.R. 5328. A bill to amend the Public Health Service Act to
prohibit application of preexisting condition exclusions and
to guarantee availability of health insurance coverage in the
individual and group market, contingent on the enactment of
legislation repealing the Patient Protection and Affordable
Care Act, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. CONAWAY (for himself, Mr. Lucas, Mr. Ribble, Mr.
Neugebauer, Mr. Thompson of Pennsylvania, Mr.
Thornberry, Mr. Pearce, and Mr. Crawford):
H.R. 5329. A bill to amend the Endangered Species Act of
1973 to require establishment of objective numerical recovery
goals for removal of species from lists of endangered species
and threatened species under that Act, and for other
purposes; to the Committee on Natural Resources.
By Mr. CONYERS (for himself, Mr. Rangel, Ms. Kaptur,
Ms. Norton, Ms. Jackson Lee, Mr. Meeks, Ms. Wilson of
Florida, and Ms. Lee of California):
H.R. 5330. A bill to amend the Internal Revenue Code of
1986 to make the tax treatment for certain build America
bonds permanent and to provide for recovery zone economic
development bonds for certain cities, and for other purposes;
to the Committee on Ways and Means.
By Mr. COOK (for himself, Ms. Bass, Mr. Becerra, Mr.
Bera of California, Ms. Brownley of California, Mr.
Calvert, Mr. Campbell, Mrs. Capps, Mr. Cardenas, Ms.
Chu, Mr. Costa, Mrs. Davis of California, Mr. Denham,
Ms. Eshoo, Mr. Farr, Mr. Garamendi, Ms. Hahn, Mr.
Honda, Mr. Huffman, Mr. Hunter, Mr. LaMalfa, Ms. Lee
of California, Ms. Lofgren, Mr. Lowenthal, Ms.
Matsui, Mr. McCarthy of California, Mr. McClintock,
Mr. McKeon, Mrs. Negrete McLeod, Mr. McNerney, Mr.
Gary G. Miller of California, Mr. George Miller of
California, Mrs. Napolitano, Mr. Nunes, Ms. Pelosi,
Mr. Peters of California, Mr. Rohrabacher, Ms.
Roybal-Allard, Mr. Royce, Mr. Ruiz, Ms. Linda T.
Sanchez of California, Ms. Loretta Sanchez of
California, Mr. Schiff, Mr. Sherman, Ms. Speier, Mr.
Swalwell of California, Mr. Takano, Mr. Thompson of
California, Mr. Valadao, Mr. Vargas, Ms. Waters, and
Mr. Waxman):
H.R. 5331. A bill to designate the facility of the United
States Postal Service located at 73839 Gorgonio Drive in
Twentynine Palms, California, as the ``Colonel M.J. `Mac'
Dube, USMC Post Office Building''; to the Committee on
Oversight and Government Reform.
By Mr. CROWLEY:
H.R. 5332. A bill to promote identification of veterans and
their health needs in furnishing of items and services under
the Medicare, Medicaid, and other programs, and for other
purposes; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DAINES:
H.R. 5333. A bill to amend title 38, United States Code, to
ensure that a service animal of a patient receiving inpatient
medical care at a medical facility of the Department of
Veterans Affairs is able to access the room of the patient;
to the Committee on Veterans' Affairs.
By Mr. DELANEY:
H.R. 5334. A bill to require all candidates for election
for the office of Member of the House of Representatives to
run in a single open primary regardless of political party
preference, to limit the ensuing general election for such
office to the two candidates receiving the greatest number of
votes in such single open primary, and for other purposes; to
the Committee on House Administration, and in addition to the
Committees on Oversight and Government Reform, and the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. DEUTCH:
H.R. 5335. A bill to promote marine and hydrokinetic
renewable energy research and development, and for other
purposes; to the Committee on Science, Space, and Technology,
and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Ms. DUCKWORTH (for herself, Mr. Stivers, Mr.
Cuellar, and Ms. Hahn):
H.R. 5336. A bill to establish or integrate an online
significant event tracker (SET) system for tracking,
reporting, and summarizing exposures of members of the Armed
Forces, including members of the reserve components thereof,
to traumatic events, and for other purposes; to the Committee
on Armed Services.
By Mr. DUNCAN of Tennessee (for himself, Mr. Price of
North Carolina, and Mr. Pascrell):
H.R. 5337. A bill to direct the Administrator of the
Federal Aviation Administration to issue regulations to
improve flight recorder and aircraft crash location
requirements on certain commercial passenger aircraft in
accordance with new International Civil Aviation Organization
flight recorder standards; to the Committee on Transportation
and Infrastructure.
By Ms. EDWARDS (for herself, Mr. Connolly, Mr.
Cummings, Ms. Norton, Ms. Kaptur, Mr. Lynch, Mr.
Ellison, and Mr. Rangel):
H.R. 5338. A bill to repeal the revised annuity employee
and further revised annuity employee categories within the
Federal Employees Retirement System, and for other

[[Page 13780]]

purposes; to the Committee on Ways and Means, and in addition
to the Committees on Oversight and Government Reform, and
Foreign Affairs, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FOSTER (for himself, Mr. Sean Patrick Maloney of
New York, Mr. Ryan of Ohio, Ms. Esty, and Ms. Shea-
Porter):
H.R. 5339. A bill to authorize the Administrator of the
Substance Abuse and Mental Health Services Administration,
acting through the Director of the Center for Substance Abuse
Treatment, to award grants to States to expand access to
clinically appropriate services for opioid abuse, dependence,
or addiction; to the Committee on Energy and Commerce.
By Ms. FRANKEL of Florida (for herself and Mr.
Keating):
H.R. 5340. A bill to amend title XI of the Social Security
Act to expand the permissive exclusion from Federal health
programs to include certain individuals with prior interest
in sanctioned entities and entities affiliated with
sanctioned entities and to provide a criminal penalty for the
illegal distribution of Medicare, Medicaid, or CHIP
beneficiary identification or provider numbers, and for other
purposes; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GALLEGO:
H.R. 5341. A bill to delay for 1 year the application of
Revenue Ruling 2012-18 with respect to the characterization
of payments as tips or service charges; to the Committee on
Ways and Means.
By Mr. HECK of Nevada (for himself, Mr. Cole, Mr.
Brooks of Alabama, Mr. Amodei, Mr. Ribble, Mr. King
of New York, and Mr. Tipton):
H.R. 5342. A bill to direct the Secretary of Veterans
Affairs to expeditiously grant privileges to members of the
Armed Forces who are health care providers to provide
hospital care and medical services in medical facilities of
the Department of Veterans Affairs; to the Committee on
Veterans' Affairs.
By Mr. HONDA (for himself, Mr. Hinojosa, Mr. Grijalva,
Mr. Sablan, Ms. Meng, Ms. Clarke of New York, Mr.
Meeks, Mr. Lowenthal, Ms. Lee of California, Ms.
Bordallo, Ms. Chu, Ms. Matsui, and Mr. Takano):
H.R. 5343. A bill to amend section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 to require
that annual State report cards reflect the same race groups
as the decennial census of population; to the Committee on
Education and the Workforce.
By Mr. HONDA (for himself, Ms. Kelly of Illinois, Mr.
Hastings of Florida, and Mr. Pascrell):
H.R. 5344. A bill to prohibit the purchase, ownership, or
possession of enhanced body armor by civilians, with
exceptions; to the Committee on the Judiciary.
By Mr. KIND (for himself, Mr. Richmond, Mr. Michaud,
Ms. Pingree of Maine, Mr. Walz, and Mr. Lipinski):
H.R. 5345. A bill to establish the Railroad Emergency
Services Preparedness, Operational Needs, and Safety
Evaluation (RESPONSE) Subcommittee under the Federal
Emergency Management Agency's National Advisory Council to
provide recommendations on emergency responder training and
resources relating to hazardous materials incidents involving
railroads, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. KIND (for himself and Mr. Reed):
H.R. 5346. A bill to amend the Internal Revenue Code of
1986 to allow a business credit for investments in rural
microbusinesses; to the Committee on Ways and Means.
By Mr. KIND (for himself and Mr. Kelly of
Pennsylvania):
H.R. 5347. A bill to amend the Internal Revenue Code of
1986 to extend qualified zone academy bonds for 2 years and
to reduce the private business contribution requirement with
respect to such bonds, and for other purposes; to the
Committee on Ways and Means.
By Mr. KING of New York (for himself and Mr. McCaul):
H.R. 5348. A bill to require the Secretary of Homeland
Security to collaborate on foreign terrorist organization
designations; to the Committee on the Judiciary.
By Mr. LATTA (for himself, Ms. Fudge, Mr. Joyce, Mr.
Chabot, Mr. Ryan of Ohio, and Mr. Stivers):
H.R. 5349. A bill to direct the Secretary of Veterans
Affairs to establish a deadline for the certification of
certain forms by regional offices of the Department of
Veterans Affairs; to the Committee on Veterans' Affairs.
By Mr. LATTA (for himself and Mr. Murphy of
Pennsylvania):
H.R. 5350. A bill to amend the Federal Insecticide,
Fungicide, and Rodenticide Act to allow the marketing,
distribution, or sale of solid antimicrobial copper alloys
with certain claims, to amend the Federal Food, Drug, and
Cosmetic Act to exclude certain solid antimicrobial copper
alloys from regulation as drugs or devices, and for other
purposes; to the Committee on Energy and Commerce, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LATTA (for himself and Mr. Johnson of Ohio):
H.R. 5351. A bill to waive the application fee for veterans
with a service-connected disability rated at 50 percent or
more who apply to participate in the Transportation Security
Administration's Pre^TM program, and for
other purposes; to the Committee on Homeland Security, and in
addition to the Committee on Veterans' Affairs, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. LEE of California (for herself, Ms. Norton, Mr.
Conyers, Mr. Al Green of Texas, Mr. Rush, Ms. Sewell
of Alabama, Ms. Fudge, Ms. Eddie Bernice Johnson of
Texas, Mr. Cummings, Mr. Rangel, Mr. Lewis, Mr.
Meeks, Mr. Clyburn, Mr. Richmond, Mr. Payne, Mr.
Carson of Indiana, Ms. Clarke of New York, Ms.
Schakowsky, Ms. Kaptur, Mr. Crowley, Mr. Honda, Mr.
Ellison, Mr. Scott of Virginia, Ms. Hahn, Mr.
Hinojosa, Ms. Chu, Mr. Grijalva, Mrs. Beatty, Mr.
Huffman, Ms. Moore, Mr. Veasey, Ms. Roybal-Allard,
Mrs. Christensen, Mr. Cleaver, Mr. Butterfield, and
Ms. Jackson Lee):
H.R. 5352. A bill to strengthen and expand proven anti-
poverty programs and initiatives; to the Committee on Ways
and Means, and in addition to the Committees on House
Administration, Education and the Workforce, Financial
Services, Agriculture, Transportation and Infrastructure,
Rules, the Budget, Oversight and Government Reform, and the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LEWIS:
H.R. 5353. A bill to amend title XIX of the Social Security
Act to extend for 5 years payment parity with Medicare for
primary care services furnished under the Medicaid program,
and for other purposes; to the Committee on Energy and
Commerce.
By Mrs. CAROLYN B. MALONEY of New York (for herself,
Mr. Meehan, Mr. Poe of Texas, Mrs. Bustos, Ms. Moore,
Ms. Bonamici, Mrs. Brooks of Indiana, Mrs. Ellmers,
Ms. Jenkins, Mrs. Capito, Mrs. Noem, Ms. Roybal-
Allard, Mr. Reed, Mr. Scott of Virginia, Ms. Frankel
of Florida, Mr. Joyce, Ms. Kuster, and Mr. Peters of
Michigan):
H.R. 5354. A bill to amend the Higher Education Act of 1965
and the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act to combat campus sexual violence,
and for other purposes; to the Committee on Education and the
Workforce, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. McALLISTER:
H.R. 5355. A bill to prohibit the Department of Defense
from retaining any interest in real property disposed of
pursuant to a base closure law when that property was
originally acquired by the United States by donation for the
purpose of establishing or expanding a military installation;
to the Committee on Armed Services.
By Mr. McALLISTER:
H.R. 5356. A bill to amend section 3720D of title 31,
United States Code, to prohibit wage garnishment by the
Environmental Protection Agency; to the Committee on the
Judiciary.
By Mr. McKEON:
H.R. 5357. A bill to authorize a national memorial to
commemorate those killed by the collapse of the Saint Francis
Dam on March 12, 1928, and for other purposes; to the
Committee on Natural Resources.
By Mr. McKINLEY:
H.R. 5358. A bill to amend the National Environmental
Policy Act of 1969 to clarify that no Federal agency shall be
required to consider the social cost of carbon as a condition
of compliance with such Act, and for other purposes; to the
Committee on Natural Resources.
By Mr. McNERNEY (for himself and Mr. Costa):
H.R. 5359. A bill to provide for the designation of, and
the award of grant with respect to, air and health quality
empowerment zones; to the Committee on Energy and Commerce.
By Mr. MULVANEY (for himself, Mr. Hensarling, Mr. Price
of Georgia, Mr. Lamborn, Mr. Chabot, Mr. LaMalfa, Mr.
Hultgren, Mr. Roe of Tennessee, Mr. McClintock, Mr.
Schweikert, Mr. DeSantis, Mr.

[[Page 13781]]

Brooks of Alabama, Mr. Jordan, Mr. Huizenga of
Michigan, Mr. Duncan of Tennessee, and Mr. Crawford):
H.R. 5360. A bill to enhance the competitiveness of
American manufacturers and exports in the global marketplace
by providing tax relief, regulatory relief, liability relief,
and ensuring access to abundant and affordable supplies of
energy, and for other purposes; to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and
Means, the Budget, the Judiciary, Rules, Natural Resources,
Transportation and Infrastructure, and Science, Space, and
Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MURPHY of Florida (for himself and Mr. Joyce):
H.R. 5361. A bill to encourage, enhance, and integrate
Silver Alert plans throughout the United States, and for
other purposes; to the Committee on the Judiciary.
By Mr. MURPHY of Florida (for himself, Mr. Pittenger,
Ms. Kuster, Mr. Delaney, Mr. Joyce, Mr. Garcia, Mr.
Poe of Texas, Mr. Ruiz, Ms. Moore, Ms. Edwards, Mrs.
Kirkpatrick, Mr. Barrow of Georgia, Mrs. Bustos, and
Ms. Sinema):
H.R. 5362. A bill to provide that the Social Security
Administration pay fees associated with obtaining birth
certificate or State identification card for purposes of
obtaining a replacement social security card for certain
victims of domestic violence, and for other purposes; to the
Committee on Ways and Means.
By Mrs. NAPOLITANO (for herself, Ms. Roybal-Allard, Ms.
Chu, Mr. DeFazio, Mrs. Negrete McLeod, Mr. Garamendi,
Mr. Cardenas, Mr. Lowenthal, Ms. Eshoo, Ms. Hahn,
Mrs. Kirkpatrick, and Ms. Lee of California):
H.R. 5363. A bill to establish a WaterSense program, and
for other purposes; to the Committee on Natural Resources,
and in addition to the Committees on Transportation and
Infrastructure, Energy and Commerce, and Science, Space, and
Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. PALLONE (for himself, Mr. Waxman, Ms.
Schakowsky, Ms. Castor of Florida, Mrs. Capps, Mrs.
Christensen, Mr. Gene Green of Texas, Mr. Dingell,
Mr. Butterfield, Mr. Sarbanes, Mr. Engel, and Mr.
Matheson):
H.R. 5364. A bill to amend title XXI of the Social Security
Act to extend and improve the Children's Health Insurance
Program, and for other purposes; to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. PASCRELL (for himself, Ms. Linda T. Sanchez of
California, Ms. Edwards, Mr. Cartwright, and Mr.
Peters of California):
H.R. 5365. A bill to amend the Internal Revenue Code of
1986 to provide an above-the-line deduction for child care
expenses, and for other purposes; to the Committee on Ways
and Means.
By Mr. PETERS of Michigan (for himself and Mr.
Campbell):
H.R. 5366. A bill to establish a program to accurately
document vehicles that were significant in the history of the
United States, and for other purposes; to the Committee on
Natural Resources.
By Mr. POSEY (for himself, Mr. Huizenga of Michigan,
Mr. Mulvaney, and Mr. Westmoreland):
H.R. 5367. A bill to amend the Terrorism Risk Insurance Act
of 2002 to allow for the use of certain assets of foreign
entities to satisfy certain judgments against terrorist
parties, and for other purposes; to the Committee on the
Judiciary.
By Ms. ROYBAL-ALLARD (for herself, Mr. Polis, Mr.
McGovern, Mr. Farr, Ms. Chu, Mr. Cardenas, Mr. Sires,
and Mr. Lowenthal):
H.R. 5368. A bill to direct the Secretary of State to
develop a strategy to address the factors driving large
numbers of unaccompanied alien children from El Salvador,
Honduras, and Guatemala to seek admission to the United
States, and for other purposes; to the Committee on Foreign
Affairs, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. ROYCE (for himself and Ms. Hahn):
H.R. 5369. A bill to amend title 38, United States Code, to
ensure that the Secretary of Veterans Affairs is informed of
the interment of deceased veterans, and for other purposes;
to the Committee on Veterans' Affairs.
By Mr. RUIZ:
H.R. 5370. A bill to provide student loan forgiveness for
American Indian educators teaching in local educational
agencies with a high percentage of American Indian students;
to the Committee on Education and the Workforce.
By Mr. SALMON:
H.R. 5371. A bill to prohibit the use of Federal funds and
the provision of technical assistance for the Heritage
Partnership Program and National Heritage Areas; to the
Committee on Natural Resources.
By Ms. SCHAKOWSKY (for herself, Mr. Grijalva, Ms. Kelly
of Illinois, and Ms. Lee of California):
H.R. 5372. A bill to amend the Internal Revenue Code of
1986 to provide a tax credit to Patriot employers, and for
other purposes; to the Committee on Ways and Means.
By Ms. SCHAKOWSKY (for herself, Ms. Matsui, Ms. Roybal-
Allard, Mr. Payne, and Mr. Rangel):
H.R. 5373. A bill to amend titles XVIII and XIX of the
Social Security Act to establish a minimum direct care
registered nurse staffing requirement at nursing facilities
and skilled nursing facilities under Medicare and Medicaid
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. SCHOCK:
H.R. 5374. A bill to establish a maximum limitation on the
amount of the payment standard that may be used with respect
to housing choice vouchers provided under the Moving to Work
program of the Department of Housing and Urban Development;
to the Committee on Financial Services.
By Ms. SCHWARTZ (for herself, Mr. Doyle, Mr. Connolly,
Mr. Cartwright, Mr. Brady of Pennsylvania, Mr.
Fattah, Mr. Courtney, and Ms. Bonamici):
H.R. 5375. A bill to amend title 38, United States Code, to
improve the enforcement of employment and reemployment rights
of members of the uniformed services, and for other purposes;
to the Committee on Veterans' Affairs, and in addition to the
Committees on Armed Services, and Oversight and Government
Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. AUSTIN SCOTT of Georgia:
H.R. 5376. A bill to prohibit universal service support of
commercial mobile service and commercial mobile data service
through the Lifeline program; to the Committee on Energy and
Commerce.
By Mr. SERRANO (for himself and Ms. Lee of California):
H.R. 5377. A bill to provide for certain safeguards with
respect to the sale of historic postal facilities, and for
other purposes; to the Committee on Oversight and Government
Reform.
By Ms. SINEMA (for herself and Mr. Valadao):
H.R. 5378. A bill to establish an employment-based
immigrant visa for alien entrepreneurs who have received
significant capital from investors to establish a business in
the United States; to the Committee on the Judiciary.
By Mr. SMITH of New Jersey:
H.R. 5379. A bill to impose sanctions on individuals that
are responsible for the commission of serious and ongoing
violations of human rights or gross violations of human
rights against nationals of the People's Republic of China or
their family members, to protect universal freedoms in the
People's Republic of China, and for other purposes; to the
Committee on Foreign Affairs, and in addition to the
Committees on Financial Services, the Judiciary, and Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. THOMPSON of California (for himself, Mr. Harper,
and Mr. Welch):
H.R. 5380. A bill to amend title XVIII of the Social
Security Act to provide for a phased-in expansion of
telehealth coverage under the Medicare program; to the
Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. TIBERI (for himself and Mr. Neal):
H.R. 5381. A bill to amend the nondiscrimination provisions
of the Internal Revenue Code of 1986 to protect older, longer
service participants; to the Committee on Ways and Means.
By Mr. TIBERI:
H.R. 5382. A bill to amend the Internal Revenue Code of
1986 to exempt aircraft management services from the ticket
tax; to the Committee on Ways and Means.
By Ms. TITUS:
H.R. 5383. A bill to amend the Internal Revenue Code of
1986 to exempt sports betting from the tax on authorized
wagers; to the Committee on Ways and Means.
By Mr. VALADAO (for himself, Mr. Fitzpatrick, Mr.
Pearce, and Mr. Coffman):

[[Page 13782]]

H.R. 5384. A bill to amend the Public Health Service Act to
extend health plan coverage to dependent children in the
individual and group market, contingent on the enactment of
legislation repealing the Patient Protection and Affordable
Care Act, and for other purposes; to the Committee on Energy
and Commerce.
By Mrs. WAGNER (for herself, Mr. Clay, Mr. Luetkemeyer,
Mrs. Hartzler, Mr. Cleaver, Mr. Graves of Missouri,
Mr. Long, and Mr. Smith of Missouri):
H.R. 5385. A bill to designate the facility of the United
States Postal Service located at 55 Grasso Plaza in St.
Louis, Missouri, as the ``Sgt. Amanda N. Pinson Post
Office''; to the Committee on Oversight and Government
Reform.
By Mrs. WAGNER (for herself, Mr. Clay, Mr. Luetkemeyer,
Mrs. Hartzler, Mr. Cleaver, Mr. Graves of Missouri,
Mr. Long, and Mr. Smith of Missouri):
H.R. 5386. A bill to designate the facility of the United
States Postal Service located at 11662 Gravois Road in St.
Louis, Missouri, as the ``Lt. Daniel P. Riordan Post
Office''; to the Committee on Oversight and Government
Reform.
By Mrs. WAGNER (for herself, Mr. Clay, Mr. Luetkemeyer,
Mrs. Hartzler, Mr. Cleaver, Mr. Graves of Missouri,
Mr. Long, and Mr. Smith of Missouri):
H.R. 5387. A bill to designate the facility of the United
States Postal Service located at 14373 Manchester Road in St.
Louis, Missouri, as the ``Sgt. Zachary M. Fisher Post
Office''; to the Committee on Oversight and Government
Reform.
By Mr. WELCH:
H.R. 5388. A bill to clarify the definition of nonadmitted
insurer under the Nonadmitted and Reinsurance Reform Act of
2010, and for other purposes; to the Committee on Financial
Services, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. YOUNG of Alaska:
H.R. 5389. A bill to amend the National Marine Sanctuaries
Act to prescribe an additional requirement for the
designation of marine sanctuaries off the coast of Alaska; to
the Committee on Natural Resources.
By Mr. MARINO:
H.J. Res. 122. A joint resolution proposing an amendment to
the Constitution of the United States to end the practice of
including more than one subject in a single law by requiring
that each law enacted by Congress be limited to only one
subject and that the subject be clearly and descriptively
expressed in the title of the law; to the Committee on the
Judiciary.
By Mr. MEEKS (for himself, Mr. Camp, Mr. Levin, Mr.
Rangel, Mr. Nunes, Mr. Royce, Mr. Engel, Ms. Bass,
Mrs. Beatty, Mr. Bishop of Georgia, Ms. Brown of
Florida, Mr. Butterfield, Mr. Carson of Indiana, Mrs.
Christensen, Ms. Clarke of New York, Mr. Clay, Mr.
Cleaver, Mr. Clyburn, Mr. Conyers, Mr. Cummings, Mr.
Danny K. Davis of Illinois, Ms. Edwards, Mr. Ellison,
Mr. Fattah, Ms. Fudge, Mr. Al Green of Texas, Mr.
Hastings of Florida, Mr. Horsford, Ms. Jackson Lee,
Mr. Jeffries, Ms. Eddie Bernice Johnson of Texas, Mr.
Johnson of Georgia, Ms. Kelly of Illinois, Ms. Lee of
California, Mr. Lewis, Ms. Moore, Ms. Norton, Mr.
Payne, Mr. Richmond, Mr. Rush, Mr. David Scott of
Georgia, Mr. Scott of Virginia, Ms. Sewell of
Alabama, Mr. Thompson of Mississippi, Mr. Veasey, Ms.
Waters, Ms. Wilson of Florida, Mr. Young of Indiana,
Mr. Boustany, Mr. Larson of Connecticut, Mr.
Blumenauer, and Mr. McDermott):
H. Res. 699. A resolution welcoming African leaders to the
first United States-Africa Leaders' Summit and African trade
ministers to the 13th Forum of the African Growth and
Opportunity Act (AGOA); to the Committee on Foreign Affairs,
and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. BASS (for herself, Mrs. Davis of California, Mr.
Cicilline, Mr. Crowley, Mr. Hastings of Florida, Mr.
Honda, Ms. Jackson Lee, Ms. Lee of California, Mr.
Levin, Ms. McCollum, Mr. McGovern, Mr. Rush, Mr.
Wolf, Mr. Lewis, Mr. Price of North Carolina, Mr.
Meeks, Mr. Conyers, Mr. Carson of Indiana, Mr.
Clyburn, Mr. Ellison, Ms. Norton, Ms. Brown of
Florida, Mr. Danny K. Davis of Illinois, Mr. Fattah,
Mr. Al Green of Texas, Ms. Eddie Bernice Johnson of
Texas, Ms. Moore, Mr. Payne, Mr. Rangel, Mr.
Richmond, Mr. David Scott of Georgia, Ms. Sewell of
Alabama, Ms. Wilson of Florida, Ms. Kelly of
Illinois, Ms. Clarke of New York, Mrs. Christensen,
Mr. Thompson of Mississippi, Mr. Sires, Mr. Connolly,
Mr. Deutch, Mr. Engel, Ms. Gabbard, Mr. Keating, Mr.
Lowenthal, Mr. Schneider, Mr. Vargas, Ms. Frankel of
Florida, Mr. Marino, Ms. Ros-Lehtinen, Mr. Chabot,
Mr. Poe of Texas, Mr. Rohrabacher, Mr. Salmon, Ms.
Roybal-Allard, Ms. Kuster, Ms. Brownley of
California, Mrs. Negrete McLeod, and Mr. McDermott):
H. Res. 701. A resolution expressing the sense of the House
of Representatives that the current outbreak of Ebola in
Guinea, Sierra Leone, and Liberia is an international health
crisis and is the largest and most widespread outbreak of the
disease ever recorded; to the Committee on Foreign Affairs.
By Mr. CONAWAY (for himself, Mr. Pearce, Mr.
Luetkemeyer, Mr. Southerland, Mr. Collins of New
York, Mr. Hudson, Mr. Barton, Mr. Hall, Mr.
Thornberry, Mr. Sessions, Mr. Stockman, Mr. Marchant,
Mr. McHenry, Mr. Neugebauer, Mr. Hurt, Mr. Carter,
Mr. Farenthold, Mr. Austin Scott of Georgia, Mr.
Garrett, Mr. Fincher, Mr. Westmoreland, Mr. Smith of
Texas, Mr. McCaul, Mr. Crawford, Mr. Rooney, Mr.
Olson, Mr. Scalise, Mr. Gohmert, Mr. Stivers, Mr.
Flores, Mr. Boustany, Mr. Barrow of Georgia, Mr.
Rokita, and Mr. Stutzman):
H. Res. 702. A resolution affirming that private equity
plays an important role in growing and strengthening United
States businesses throughout all sectors of the economy and
in every State and congressional district and that it has
fostered significant investment in the United States economy;
to the Committee on Financial Services.
By Ms. DUCKWORTH:
H. Res. 703. A resolution establishing an academic
competition in the field of robotics among students in
Congressional districts; to the Committee on House
Administration.
By Mr. FORBES (for himself and Ms. Hanabusa):
H. Res. 704. A resolution reaffirming the strong support of
the United States Government for freedom of navigation and
other internationally lawful uses of sea and airspace in the
Asia-Pacific region, and for the peaceful diplomatic
resolution of outstanding territorial and maritime claims and
disputes; to the Committee on Foreign Affairs.
By Ms. HAHN:
H. Res. 705. A resolution recommending the designation of a
Presidential Special Envoy to the Balkans to evaluate the
successes and shortcomings of the implementation of the
Dayton Peace Accords in Bosnia and Herzegovina, to provide
policy recommendations, and to report back to Congress within
one year; to the Committee on Foreign Affairs.
By Mr. JONES (for himself and Mr. Massie):
H. Res. 706. A resolution raising a question of the
privileges of the House; to the Committee on Rules.
By Mr. NADLER (for himself, Mr. Roskam, and Mrs.
Lowey):
H. Res. 707. A resolution condemning all forms of anti-
Semitism and rejecting attempts to justify anti-Jewish hatred
or violent attacks as an acceptable expression of disapproval
or frustration over political events in the Middle East or
elsewhere; to the Committee on Foreign Affairs.
By Mr. SCHOCK:
H. Res. 708. A resolution expressing support for
designation of September 6, 2014, as ``Everett McKinley
Dirksen and Marigold Day'', and designating and adopting the
flower commonly known as the Marigold as the floral emblem of
Congress for September 10, 2014; to the Committee on House
Administration.
By Mr. VARGAS (for himself, Mr. Rodney Davis of
Illinois, Mr. Denham, Mr. Honda, Mr. Rush, and Ms.
Matsui):
H. Res. 709. A resolution recognizing the importance of
transformative breakthroughs in biomedicine, biotechnology,
and life sciences in the diagnosis, management, curing, and
treatment of illness and the existence of a ``Valley of
Death'' in biotechnology and life sciences funding that
stifles innovation and impedes translational medical
research; to the Committee on Energy and Commerce.

____________________

MEMORIALS

Under clause 3 of rule XII, memorials were presented and referred as
follows:

297. The SPEAKER presented a memorial of the House of
Representatives of the State of Louisiana, relative to House
Concurrent Resolution No. 138 memorializing the Congress to
take such actions as are necessary to raise awareness of
human trafficking and sex trafficking to abolish this modern-
day slavery; to the Committee on Foreign Affairs.
298. Also, a memorial of the Senate of the State of
Michigan, relative to Senate Resolution No. 151 urging the
President, the Secretary of State, and the Congress to invoke
the participation of the International Joint Commission under
Article IX, Article X, or

[[Page 13783]]

both, of the Boundary Waters Treaty; jointly to the
Committees on Transportation and Infrastructure and Foreign
Affairs.

____________________

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 7 of rule XII of the Rules of the House of
Representatives, the following statements are submitted regarding the
specific powers granted to Congress in the Constitution to enact the
accompanying bill or joint resolution.

By Mrs. McMORRIS RODGERS:
H.R. 5303.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to Congress' legislative
powers under Article I, Section 8.
By Ms. JENKINS:
H.R. 5304.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8:
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defense and general Welfare of the United States.
By Mr. PIERLUISI:
H.R. 5305.
Congress has the power to enact this legislation pursuant
to the following:
The constitutional authority on which this bill rests is
the power of the Congress to establish uniform laws on the
subject of bankruptcies throughout the United States, as
enumerated in Article I, Section 8, Clause 4 of the United
States Constitution; to make all laws which shall be
necessary and proper for carrying into execution such power,
as enumerated in Article I, Section 8, Clause 18 of the
Constitution; and to make rules and regulations respecting
the U.S. territories, as enumerated in Article IV, Section 3,
Clause 2 of the Constitution.
By Mr. LARSON of Connecticut:
Hit. 5306.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article I of the Constitution.
By Mr. LARSON of Connecticut:
H.R. 5307.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article 1 of the United States
Constitution
By Mr. FARENTHOLD:
H.R. 5308.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the United States Constitution
By Ms. BONAMICI:
H.R. 5309.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8 of the Constitution of the United
States.
By Mr. GARY G. MILLER of California:
H.R. 5310.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress in the United States Constitution under Article I,
Section 8, Clause 1 (relating to the general welfare of the
United States) and Article I, Section 8, Clause 3 (relating
to the power to regulate interstate commerce).
By Mr. POLIS:
H.R. 5311.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the United States Constitution,
specifically clause 1 relating to the power of Congress to
provide for the general welfare of the United States) and
clause 18 (relating to the power to make all laws necessary
and proper for carrying out the powers vested in Congress),
and Article IV, section 3, clause 2 (relating to the power of
Congress to dispose of and make all needful rules and
regulations respecting the territory or other property
belonging to the United States).
By Mr. PRICE of North Carolina:
H.R. 5312.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3 of the Constitution provides
Congress with the authority to ``regulate Commerce with
foreign Nations, and among the several States, and with the
Indian Tribes.''
By Mr. SEAN PATRICK MALONEY of New York:
H.R. 5313.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8
By Mr. CARTWRIGHT:
H.R. 5314.
Congress has the power to enact this legislation pursuant
to the following:
Article I; Section 8; Clause 1 of the Constitution states
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States;
and
Article I; Section 8; Clause 18 of the Constitution states
The Congress shall have Power To make all Laws which shall be
necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in
any Department or Officer thereof.
By Mr. BURGESS:
H.R. 5315.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section VIII, Clause 1: ``The Congress shall
have Power to lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common defence
and general welfare of the United States; but all duties,
imposts and excises shall be uniform throughout the United
States.'' Also, Article I, Section VIII, Clause 12 ``To raise
and support armies, but no appropriation of money to that use
shall be for a longer term than two years;
By Mr. STOCKMAN:
H.R. 5316.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8. To establish an uniform Rule of
Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States.
By Mr. JEFFRIES:
H.R. 5317.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress under Article I, Section 8, Clause 18 of the United
States Constitution.
By Mr. GOSAR:
H.R. 5318.
Congress has the power to enact this legislation pursuant
to the following:
The sale, transport, delivery, harvesting and storing of
cadavers, body parts, human tissues and samples typically
involves interstate commerce in that the original cadaver and
harvested organs there from start in one state but are
shipped to suppliers in other states. The nature of the
tissue harvesting and transplant business is typically
national in scope as donors and donees are matched through
national databases and then the tissue and parts are shipped
among the states.
The power to regulate inter-state commerce is set forth
Article I, Section 8 power to ``regulate commerce among the
several states.'' If the matter in question is not a purely
local matter (intra-state) or if it has an impact on inter-
state commerce, it falls within the Congressional power to
regulate interstate commerce. National Federation of
Independent Business v. Sebelius (2012).
By Mr. HULTGREN:
H.R. 5319.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3, as this legislation
regulates commerce between the states.
Article I, Section 8, Clause 18, providing Congress with
the authority to enact legislation necessary to execute one
of its enumerated powers, such as Article I, Section 8,
Clause 3.
By Mr. BACHUS:
H.R. 5320.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clauses 3 (``To regulate Commerce
with foreign Nations, and among the several States, and with
the Indian Tribes'')
By Mr. BENISHEK:
H.R. 5321.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 1 of the United States
Constitution.
By Mrs. BLACKBURN:
H.R. 5322.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section
By Mr. BUTTERFIELD:
H.R. 5323.
Congress has the power to enact this legislation pursuant
to the following:
Under Article I, Section 8, Clause 3 of the Constitution,
Congress has the power to collect taxes and expend funds to
provide for the general welfare of the United States.
Congress may also make laws that are necessary and proper for
carrying into execution their powers enumerated under Article
I.
By Mrs. CAPPS:
H.R. 5324.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3 of the United States
Constitution.
By Mr. CARDENAS:
H.R. 5325.
Congress has the power to enact this legislation pursuant
to the following:
Article I. Section I. All legislative Powers herein granted
shall be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives.
By Mr. CASSIDY:
H.R. 5326.
Congress has the power to enact this legislation pursuant
to the following:
The constitutional authority on which this bill rests is
the power of Congress as stated in Article I, Section 8 of
the United States Constitution.

[[Page 13784]]

By Mr. CICILLINE:
H.R. 5327.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8.
By Mr. COFFMAN:
H.R. 5328.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Sec. 8, Clause 1, of the United States
Constitution
This states that ``Congress shall have power to . . . lay
and collect taxes, duties, imposts and excises, to pay the
debts and provide for the common defense and general welfare
of the United States.''
By Mr. CONAWAY:
H.R. 5329.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the powers granted to
Congress under Article I, section 8, clause 3, that grants
Congress the power to regulate commerce among the several
states.
By Mr. CONYERS:
H.R. 5330.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1
The Congress shall have Power to lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform
throughout the United States.
By Mr. COOK:
H.R. 5331.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3.
By Mr. CROWLEY:
H.R. 5332.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the U.S. Constitution.
By Mr. DAINES:
H.R. 5333.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, of the United States Constitution
reserves to Congress the power to raise and support Armies
and provide and maintain a Navy, as well as make Rules for
the Government and Regulation of the land and naval Forces.
By Mr. DELANEY:
H.R. 5334.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 4, Clause 1;
Article I, Section 8
By Mr. DEUTCH:
H.R. 5335.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1 of the U.S. Constitution.
By Ms. DUCKWORTH:
H.R. 5336.
Congress has the power to enact this legislation pursuant
to the following:
``The constitutional authority of Congress to enact this
legislation is provided by Article I, section 8 of the United
States Constitution (clauses 12, 13, 14, 16, and 18), which
grants Congress the power to raise and support an Army; to
provide and maintain a Navy; to make rules for the government
and regulation of the land and naval forces; to provide for
organizing, arming, and disciplining the militia; and to make
all laws necessary and proper for carrying out the foregoing
powers.''
By Mr. DUNCAN of Tennessee:
H.R. 5337.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3:
3: To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
By Ms. EDWARDS:
H.R. 5338.
Congress has the power to enact this legislation pursuant
to the following:
Congress is authorized to enact this legislation under the
Commerce Clause, Article I, Section 8, Clause 3, ``to
regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes.'' Additionally, Congress
has the authority to enact this legislation pursuant to the
Preamble of the Constitution, ``to promote the general
welfare''
By Mr. FOSTER:
H.R. 5339.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress under Article I, Section 8, Clause 1 of the United
States Constitution.
By Ms. FRANKEL of Florida:
H.R. 5340.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8
By Mr. GALLEGO:
H.R. 5341.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, which allows Congress to lay and
collect taxes, duties, imposts, and excises, to pay the debts
and provide for the common defense and general welfare.
By Mr. HECK of Nevada:
H.R. 5342.
Congress has the power to enact this legislation pursuant
to the following:
The power granted to Congress under Article I, Section 8,
Clause 18 of the United States Constitution, to make all laws
which shall be necessary and proper for carrying into
execution the foregoing Powers, and all other powers vested
by the Constitution in the Government of the United States,
or in any Department or officer thereof.
By Mr. HONDA:
H.R. 5343.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8
By Mr. HONDA:
H.R. 5344.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the Constitution.
By Mr. KIND:
H.R. 5345.
Congress has the power to enact this legislation pursuant
to the following:
Article I Section 8.
By Mr. KIND:
H.R. 5346.
Congress has the power to enact this legislation pursuant
to the following:
Article I Section 8.
By Mr. KIND:
H.R. 5347.
Congress has the power to enact this legislation pursuant
to the following:
Article I Section 8.
By Mr. KING of New York:
H.R. 5348.
Congress has the power to enact this legislation pursuant
to the following:
This legislation is authorized by the United States
Constitution under Article I, Section 8, ``Congress shall
have the power . . . To define and punish piracies and
felonies committed on the high seas, and offenses against the
law of nations;''
By Mr. LATTA:
H.R. 5349.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 14
To make Rules for the Government and Regulation of the land
and naval Forces;
And
Article I, Section 8, Clause 18
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
By Mr. LATTA:
H.R. 5350.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
By Mr. LATTA:
H.R. 5351.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 14
To make Rules for the Government and Regulation of the land
and naval Forces;
And
Article I, Section 8, Clause 18
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
By Ms. LEE of California:
H.R. 5352.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress under Article I of the United States Constitution
and its subsequent amendments, and further clarified and
interpreted by the Supreme Court of the United States.
By Mr. LEWIS:
H.R. 5353.
Congress has the power to enact this legislation pursuant
to the following:
This bill is enacted pursuant to the power granted to
Congress under Article I of the United States Constitution
and its subsequent amendments, and further clarified and
interpreted by the Supreme Court of the United States.
By Mrs. CAROLYN B. MALONEY of New York:
H.R. 5354.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 18, which reads: The Congress
shall have Power * * * To make all Laws which shall be
necessary and proper for carrying into Excution the foregoing
Powers, and all other Powers vested by the Constitution in
the Government of the United States, or in any Department or
Officer thereof.
By Mr. McALLISTER:
H.R. 5355.
Congress has the power to enact this legislation pursuant
to the following:
clause 3 of section 8 of article I of the Constitution
By Mr. McALLISTER:
H.R. 5356.
Congress has the power to enact this legislation pursuant
to the following:

[[Page 13785]]

clause 3 of section 8 of article I of the Constitution
By Mr. McKEON:
H.R. 5357.
Congress has the power to enact this legislation pursuant
to the following:
The constitutional authority of Congress to enact this
legislation is provided by Article I, section 8 of the United
States Constitution, specifically clause 18, relating to the
power to make all laws necessary and proper for carrying out
the powers vested in Congress.
By Mr. McKINLEY:
H.R. 5358.
Congress has the power to enact this legislation pursuant
to the following:
According to Article I, Section 8, Clause 18 of the
Constitution: The Congress shall have power to enact this
legislation to enact this legislation to make all laws which
shall be necessary and proper for carrying into Execution the
foregoing powers, and all other powers vested by this
Constitution in the Government of the United States, or in
any Department or Officer thereof.
By Mr. McNERNEY:
H.R. 5359.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8 of the United States Constitution.
By Mr. MULVANEY:
H.R. 5360.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1. ``The Congress shall have
Power To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common Defence and
general Welfare of the United States; but all Duties, Imposts
and Excises shall be uniform throughout the United States.''
Article I, Section 8, Clause 3. ``To regulate Commerce with
foreign Nations, and among the several States, and with the
Indian Tribes.''
Article I Section 8, Clause 4. ``To establish a uniform
rule of naturalization, and uniform laws on the subject of
bankruptcies throughout the United States.''
Article I, Section 8, Clause 8. ``To Promote the progress
of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective
writings and discoveries.''
Article I, Section 8, Clause 9. ``To constitute tribunals
inferior to the Supreme Court.''
Article I, Section 8, Clause 14. ``To make Rules for the
Government and Regulation of the land and naval Forces.''
Article I, Section 8, Clause 18. ``To make all Laws which
shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in
any Department or Officer thereof.''
Article III, Section 1, Clause 1. ``The judicial power of
the United States, shall be vested in one Supreme Court, and
in such inferior courts as the Congress may from time to time
ordain and establish.''
Article III, Section 2. ``The judicial power shall extend
to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties
made, or which shall be made, under their authority;--to all
cases affecting ambassadors, other public ministers and
consuls;--to all cases of admiralty and maritime
jurisdiction;--to controversies to which the United States
shall be a party;--to controversies between two or more
states;--between a state and citizens of another state;--
between citizens of different states;--between citizens of
the same state claiming lands under grants of different
states, and between a state, or the citizens thereof, and
foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the
Supreme Court shall have original jurisdiction. In all the
other cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall
make.''
Article IV, Section 3. ``The Congress shall have power to
dispose of and make all needful rules and regulations
respecting the territory or other property belonging to the
United States; and nothing in this Constitution shall be so
construed as to prejudice any claims of the United States, or
of any particular state.''
By Mr. MURPHY of Florida:
H.R. 5361.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 section 8 Constitution of the United States,
which states the Congress shall have power to lay and collect
taxes, duties, imposts and excises, to pay the debts and
provide for the common defense and general welfare of the
United States.
By Mr. MURPHY of Florida:
H.R. 5362.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 section 8 Constitution of the United States,
which states, the Congress shall have power to lay and
collect taxes, duties, imposts and excises, to pay the debts
and provide for the common defense and general welfare of the
United States.
By Mrs. NAPOLITANO:
H.R. 5363.
Congress has the power to enact this legislation pursuant
to the following:
Congress has the power to enact this legislation pursuant
to Article I, Section 8, clause 1 and clause 18 of the
Constitution.
By Mr. PALLONE:
H.R. 5364.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, section 8
By Mr. PASCRELL:
H.R. 5365.
Congress has the power to enact this legislation pursuant
to the following:
Congress has the power to enact this legislation pursuant
to Article I, Section 8, Clause 3 of the United States
Constitution.
By Mr. PETERS of Michigan:
H.R. 5366.
Congress has the power to enact this legislation pursuant
to the following:
Section 8 of Article I of the Constitution of the United
States
By Mr. POSEY:
H.R. 5367.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 3 of the Constitution of the
United States:
To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes;
Article I, Section 8, Clause 9 of the Constitution of the
United States:
To constitute tribunals inferior to the Supreme Court;
Article I, Section 8, Clause 10 of the Constitution of the
United States:
To define and punish Piracies and Felonies committed on the
high Seas, and Offenses against the Law of Nations;
Article I, Section 8, Clause 18 of the Constitution of the
United States:
To make all Laws which shall be necessary and proper for
carrying into Execution the forgoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States or in any Department or Officer thereof;
Amendment V
No person shall be . . . deprived of life, liberty, or
property, without due process of law.
By Ms. ROYBAL-ALLARD:
H.R. 5368.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 18
By Mr. ROYCE:
H.R. 5369.
Congress has the power to enact this legislation pursuant
to the following:
The principal constitutional authority for legislation is
Article 1, Section 8: to provide for the common Defense and
general Welfare of the United States.
By Mr. RUIZ:
H.R. 5370.
Congress has the power to enact this legislation pursuant
to the following:
Article I, section 8, Clauses 1 and 18 of the United States
Constitution, to provide for the general welfare and make all
laws necessary and proper to carry out the powers of
Congress.
By Mr. SALMON:
H.R. 5371.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 9, Clause 7--``No Money shall be drawn
from the Treasury, but in Consequence of Appropriations made
by Law; and a regular Statement and Account of Receipts and
Expenditures of all public Money shall be published from time
to time.''
By Ms. SCHAKOWSKY:
H.R. 5372.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8
By Ms. SCHAKOWSKY:
H.R. 5373.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8
By Mr. SCHOCK:
H.R. 5374.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 1: ``The Congress shall have
Power to . . . provide for the . . . general Welfare of the
United States . . .''
By Ms. SCHWARTZ:
H.R. 5375.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 Section 8
By Mr. AUSTIN SCOTT of Georgia:
H.R. 5376.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8 of the Constitution.
By Mr. SERRANO:
H.R. 5377.
Congress has the power to enact this legislation pursuant
to the following:
Congress has the power to enact this legislation pursuant
to Article I, Section 8, Clause 7 of the Constitution, which
states that that ``The Congress shall have Power . . . . . To
establish Post Offices and post roads.'' In addition, this
legislation is introduced pursuant to Article I, Section 8,

[[Page 13786]]

Clause 18 of the Constitution, which states that Congress
shall have the power ``to make all laws which shall be
necessary and proper for carrying into execution the
foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in
any department or officer thereof''.
By Ms. SINEMA:
H.R. 5378.
Congress has the power to enact this legislation pursuant
to the following:
Article 1 Section 8
By Mr. SMITH of New Jersey:
H.R. 5379.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, section 8, clauses 3 and 18 of the Constitution
By Mr. THOMPSON of California:
H.R. 5380.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 6
The Congress shall have Power . . . to make all Laws which
shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in
any Department or Officer thereof.
By Mr. TIBERI:
H.R. 5381.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article I of the U.S.
Constitution.
By Mr. TIBERI:
H.R. 5382.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article I of the U.S.
Constitution.
By Ms. TITUS:
H.R. 5383.
Congress has the power to enact this legislation pursuant
to the following:
Clause 1 of Section 8 of Article I of the United States
Constitution.
By Mr. VALADAO:
H.R. 5384.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Sec. 8, clause 3.
By Mrs. WAGNER:
H.R. 5385.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 7
The Congress shall have Power * * * To establish Post
Offices and post roads.
By Mrs. WAGNER:
H.R. 5386.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 7
The Congress shall have Power * * * To establish Post
Offices and post roads.
By Mrs. WAGNER:
H.R. 5387.
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 7
The Congress shall have Power * * * To establish Post
Offices and post roads.
By Mr. WELCH:
H.R. 5388.
Congress has the power to enact this legislation pursuant
to the following:
Article 1, Section 8, Clause 18: The Congress shall have
Power To . . . make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the
Government of the United States, or in any Department or
Officer thereof..
By Mr. YOUNG of Alaska:
H.R. 5389.
Congress has the power to enact this legislation pursuant
to the following:
Article IV, Section 3, Clause 2
By Mr. MARINO:
H.J. Res. 122.
Congress has the power to enact this legislation pursuant
to the following:
Article V: ``The Congress, whenever two thirds of both
Houses shall deem it necessary, shall propose Amendments to
the Constitution, or, on the Application of the Legislatures
of two thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three
fourths thereof''

____________________

ADDITIONAL SPONSORS

Under clause 7 of rule XII, sponsors were added to public bills and
resolutions, as follows:

H.R. 20: Mr. Veasey.
H.R. 32: Ms. Bonamici, Mr. Garcia, Mr. Ruppersberger, Mr.
Foster, Mr. Rodney Davis of Illinois, Mr. Rothfus, Mr. Lynch,
Mrs. Bustos, Mr. Richmond, Ms. Frankel of Florida, and Mr.
Dent.
H.R. 148: Mr. Sean Patrick Maloney of New York.
H.R. 164: Mr. Gallego.
H.R. 279: Mr. Mulvaney.
H.R. 292: Ms. DeLauro, Mr. Grayson, Mr. Kennedy, Mr. Larson
of Connecticut, Ms. Roybal-Allard, Mr. Pallone, Ms. Speier,
Mr. Waxman, Mr. Castro of Texas, Mr. DeFazio, Ms. Eshoo, Mr.
Holt, Mrs. Lowey, and Mr. David Scott of Georgia.
H.R. 303: Mr. Cartwright, Mr. DeSantis, Mr. Rodney Davis of
Illinois, Mr. Garcia, and Mrs. Bustos.
H.R. 333: Mrs. Bustos, Mr. Richmond, Ms. Frankel of
Florida, Mrs. Capito, and Ms. Clark of Massachusetts.
H.R. 467: Mrs. Negrete McLeod.
H.R. 494: Mr. Veasey.
H.R. 498: Mr. Perlmutter, Ms. Ros-Lehtinen, Mr. Cartwright,
Mr. Veasey, Mr. Conyers, Mr. Engel, Mr. Gutierrez, Mr.
Hinojosa, Mr. Matheson, Mr. Ellison, Mr. Jones, Mr. George
Miller of California, Mr. Cummings, Mrs. Davis of California,
Mr. Doggett, Ms. Schwartz, Mr. Waxman, and Mr. Israel.
H.R. 515: Mrs. Negrete McLeod.
H.R. 532: Mr. Welch.
H.R. 535: Ms. Kelly of Illinois.
H.R. 609: Mr. Braley of Iowa.
H.R. 628: Mr. Kilmer.
H.R. 690: Ms. Esty, Mr. Rodney Davis of Illinois, Mr.
Vargas, Ms. Jenkins, Mr. Himes, Mr. Garcia, Mr. Cartwright,
Mr. Pearce, Mrs. Bustos, Ms. Frankel of Florida, Mr. Rothfus,
and Mr. Cole.
H.R. 713: Mr. Garcia.
H.R. 715: Mr. Veasey.
H.R. 860: Mr. Owens.
H.R. 920: Mr. Reed.
H.R. 921: Mr. Schock.
H.R. 942: Mr. McKinley and Mr. Barber.
H.R. 956: Mr. Johnson of Georgia.
H.R. 975: Ms. Kelly of Illinois.
H.R. 986: Mrs. Black.
H.R. 997: Mr. Hunter.
H.R. 1015: Mr. Swalwell of California.
H.R. 1020: Mr. Poe of Texas.
H.R. 1024: Mr. Reed.
H.R. 1074: Mr. Tiberi and Ms. Eshoo.
H.R. 1125: Mr. Bishop of New York.
H.R. 1150: Ms. Edwards.
H.R. 1180: Ms. Brownley of California.
H.R. 1276: Ms. Kuster and Mr. Nolan.
H.R. 1284: Mr. Walz.
H.R. 1317: Mr. Tierney.
H.R. 1318: Mr. Young of Alaska and Mr. Whitfield.
H.R. 1387: Mr. LaMalfa, Mr. Collins of New York, Mr. Lucas,
and Mr. Yoho.
H.R. 1428: Mr. Garcia.
H.R. 1462: Ms. Frankel of Florida.
H.R. 1507: Mr. Cotton.
H.R. 1563: Ms. Sinema.
H.R. 1594: Mrs. Bustos.
H.R. 1620: Mr. Rodney Davis of Illinois, Ms. Bonamici, Ms.
Esty, Ms. Jenkins, Mrs. Bustos, Mr. Pearce, Mr. Richmond, Ms.
Frankel of Florida, Mr. Lynch, and Ms. Clark of
Massachusetts.
H.R. 1625: Mr. Moran.
H.R. 1627: Mr. Schneider and Ms. Tsongas.
H.R. 1638: Mr. Goodlatte.
H.R. 1663: Mr. Sensenbrenner.
H.R. 1666: Ms. Wasserman Schultz.
H.R. 1705: Mr. Meehan.
H.R. 1738: Mr. Cartwright and Mr. Horsford.
H.R. 1767: Mr. Pascrell.
H.R. 1774: Mr. Cicilline, Ms. DeLauro, and Mr. Johnson of
Georgia.
H.R. 1787: Mr. Sean Patrick Maloney of New York.
H.R. 1795: Mr. Calvert and Mr. Veasey.
H.R. 1812: Mr. Womack.
H.R. 1827: Mr. Huffman.
H.R. 1830: Mr. Swalwell of California.
H.R. 1838: Mr. Gibson.
H.R. 1852: Mrs. Negrete McLeod, Mr. Hastings of Washington,
Mr. Lucas, Mr. Brady of Texas, Mr. Collins of New York, Mr.
Cramer, Mr. Fitzpatrick, Mr. McKinley, Ms. Brown of Florida,
Mr. Nunes, Mr. Johnson of Ohio, Mr. Blumenauer, Mr. Renacci,
and Mr. Posey.
H.R. 1878: Mr. Vargas.
H.R. 1884: Mrs. Bustos.
H.R. 1893: Mrs. Negrete McLeod.
H.R. 1913: Mr. Enyart.
H.R. 1923: Mr. Capuano.
H.R. 1953: Ms. Wasserman Schultz and Ms. Pingree of Maine.
H.R. 1975: Mr. Veasey and Ms. Sinema.
H.R. 1998: Mr. Schock.
H.R. 2012: Mrs. Negrete McLeod.
H.R. 2028: Ms. Esty, Mr. Engel, and Mr. Veasey.
H.R. 2084: Mr. Bishop of Georgia.
H.R. 2116: Mr. Braley of Iowa.
H.R. 2146: Mr. Langevin and Mrs. Bustos.
H.R. 2159: Ms. Edwards.
H.R. 2185: Mr. Gallego.
H.R. 2224: Mr. Capuano.
H.R. 2235: Mr. Veasey.
H.R. 2241: Mr. Sires.
H.R. 2384: Mr. Quigley and Mr. Capuano.
H.R. 2386: Ms. Esty.
H.R. 2415: Mr. Hultgren, Mr. Barber, and Mr. Bishop of New
York.
H.R. 2426: Mrs. Davis of California.
H.R. 2457: Mr. Loebsack.
H.R. 2468: Mrs. Negrete McLeod.
H.R. 2506: Mr. Meadows.
H.R. 2529: Mr. Veasey.
H.R. 2536: Mr. Perlmutter, Mr. Rokita, Mr. Garcia, Mr.
Pierluisi, Mr. Veasey, Ms. Roybal-Allard, Mr. McNerney, Mr.
Higgins, Ms. Hahn, Ms. Wilson of Florida, Mr. Cicilline, Mr.
Schrader, Ms. Shea-Porter, Ms. Chu, Mr. Smith of Washington,
Mrs. Negrete McLeod, and Mr. Cleaver.

[[Page 13787]]

H.R. 2607: Ms. McCollum.
H.R. 2663: Mr. Meehan and Mr. Bishop of New York.
H.R. 2664: Mr. Meehan.
H.R. 2673: Mr. Tipton and Mr. Rothfus.
H.R. 2686: Mr. Womack.
H.R. 2692: Mr. Cummings.
H.R. 2694: Mr. Meadows.
H.R. 2707: Mr. Rodney Davis of Illinois.
H.R. 2725: Ms. Ros-Lehtinen.
H.R. 2734: Mrs. Negrete McLeod.
H.R. 2757: Ms. Esty.
H.R. 2827: Mrs. Negrete McLeod.
H.R. 2852: Mrs. Beatty.
H.R. 2856: Ms. Frankel of Florida, Mrs. Bustos, Mr. Vargas,
Mr. Gibson, Ms. Slaughter, Mr. Ruppersberger, Mrs. Capps, Ms.
Meng, and Mr. Lance.
H.R. 2870: Mr. Delaney, Mr. Sean Patrick Maloney of New
York, and Mr. Calvert.
H.R. 2901: Mrs. Bustos, Mr. Kinzinger of Illinois, Mr.
Dent, Mr. Cohen, and Mr. Carson of Indiana.
H.R. 2917: Mr. Braley of Iowa.
H.R. 2959: Mr. Terry and Mr. Calvert.
H.R. 2994: Mr. Johnson of Georgia, Mr. Meadows, Mr. Johnson
of Ohio, Mr. Latham, Mr. Grijalva, and Ms. Wilson of Florida.
H.R. 2996: Mr. Gary G. Miller of California, Mr. Maffei,
and Mr. Tonko.
H.R. 3043: Mr. Walden.
H.R. 3116: Ms. Ros-Lehtinen and Mr. Peters of California.
H.R. 3152: Mrs. Bustos.
H.R. 3172: Mrs. Negrete McLeod.
H.R. 3382: Ms. McCollum.
H.R. 3383: Mr. Kind and Ms. Eshoo.
H.R. 3391: Mrs. Negrete McLeod.
H.R. 3397: Ms. Gabbard.
H.R. 3398: Mr. Bera of California, Mr. Sherman, Mr.
Swalwell of California, and Mr. Crenshaw.
H.R. 3463: Mr. Gallego.
H.R. 3465: Mr. Veasey.
H.R. 3471: Mr. Barber and Mr. Gene Green of Texas.
H.R. 3481: Mr. Lipinski.
H.R. 3482: Mr. Smith of New Jersey.
H.R. 3489: Mr. Paulsen.
H.R. 3494: Mrs. Negrete McLeod.
H.R. 3499: Mr. Gallego.
H.R. 3505: Ms. Edwards.
H.R. 3513: Mrs. Negrete McLeod.
H.R. 3544: Mr. Messer, Mr. Rohrabacher, Mr. Peterson, and
Mr. McKinley.
H.R. 3566: Ms. Frankel of Florida.
H.R. 3580: Mr. Kilmer.
H.R. 3630: Ms. Lofgren.
H.R. 3662: Mr. Connolly.
H.R. 3690: Mr. Veasey and Ms. DelBene.
H.R. 3708: Ms. McCollum, Mrs. Miller of Michigan, and Mr.
Byrne.
H.R. 3712: Mr. Veasey and Mr. Pascrell.
H.R. 3717: Ms. Brownley of California and Mrs. Negrete
McLeod.
H.R. 3723: Mr. Pierluisi.
H.R. 3743: Mr. Gallego.
H.R. 3750: Mr. Ben Ray Lujan of New Mexico and Mr. Polis.
H.R. 3776: Mrs. Walorski.
H.R. 3867: Mr. Harper.
H.R. 3902: Mr. Keating and Mr. Honda.
H.R. 3978: Mrs. Negrete McLeod.
H.R. 4051: Mr. Braley of Iowa.
H.R. 4060: Mr. Womack, Mr. Amodei, Mr. Bishop of Utah, Mr.
Farenthold, Mr. Wenstrup, and Mr. Gardner.
H.R. 4129: Mr. Cartwright.
H.R. 4148: Mrs. Negrete McLeod.
H.R. 4158: Mr. Sensenbrenner, Mr. Valadao, and Mr. Stewart.
H.R. 4172: Mr. Bishop of New York.
H.R. 4188: Mr. Sires and Mr. Tipton.
H.R. 4190: Mr. Terry and Mr. Reed.
H.R. 4216: Mrs. Christensen.
H.R. 4217: Mr. Keating and Mrs. Bustos.
H.R. 4227: Mrs. Negrete McLeod.
H.R. 4234: Mr. Cartwright.
H.R. 4308: Mr. Blumenauer.
H.R. 4319: Mr. Mullin, Mrs. Black, and Mr. Neugebauer.
H.R. 4325: Ms. Slaughter.
H.R. 4333: Mr. Rothfus.
H.R. 4347: Ms. Chu and Ms. Hahn.
H.R. 4351: Mr. Pascrell.
H.R. 4385: Ms. DelBene.
H.R. 4407: Mr. Long.
H.R. 4426: Mrs. Negrete McLeod and Mr. Ellison.
H.R. 4433: Mr. McCaul.
H.R. 4440: Mr. Nadler and Mr. Carson of Indiana.
H.R. 4510: Mr. Messer, Mr. Wenstrup, Mr. Gerlach, Mrs.
Miller of Michigan, Mr. Duncan of Tennessee, Mr. Clay, Mr.
Swalwell of California, Mr. Serrano, Mr. Graves of Georgia,
Mr. Peters of California, and Mr. Pallone.
H.R. 4521: Mr. Nunnelee.
H.R. 4525: Mr. Blumenauer.
H.R. 4551: Mr. Goodlatte.
H.R. 4574: Mrs. Negrete McLeod.
H.R. 4577: Mrs. Beatty.
H.R. 4592: Ms. Lofgren.
H.R. 4612: Mr. Price of Georgia.
H.R. 4634: Mr. Connolly.
H.R. 4644: Ms. Eshoo, Ms. Pingree of Maine, Mr. Lowenthal,
Mr. Blumenauer, and Mr. Waxman.
H.R. 4645: Mr. Connolly.
H.R. 4647: Mr. Loebsack.
H.R. 4664: Mr. McNerney.
H.R. 4675: Mr. Veasey.
H.R. 4682: Mr. Lamborn, Ms. Esty, Mr. Pearce, Mr. Poe of
Texas, Mr. Cole, Mr. Rothfus, Mr. Bishop of Georgia, and Mr.
Coble.
H.R. 4717: Ms. McCollum and Mr. Enyart.
H.R. 4732: Mr. Cartwright.
H.R. 4748: Mr. Roskam, Mr. Kelly of Pennsylvania, Mr. Young
of Indiana, and Mrs. Noem.
H.R. 4763: Mr. Gardner, Mr. McCaul, Mr. Chaffetz, Ms.
Lofgren, Mr. Polis, and Ms. Eshoo.
H.R. 4772: Mr. Rooney.
H.R. 4783: Ms. Lofgren.
H.R. 4793: Ms. Brown of Florida, Mr. Veasey, Mr. McNerney,
Ms. Frankel of Florida, Mr. David Scott of Georgia, Mr.
Honda, and Mr. Takano.
H.R. 4815: Mr. Enyart.
H.R. 4816: Mr. Connolly.
H.R. 4818: Ms. Brown of Florida, Mr. Cartwright, Mr.
Veasey, Mr. McNerney, Mr. David Scott of Georgia, and Mr.
Honda.
H.R. 4833: Ms. McCollum.
H.R. 4837: Mr. Schock.
H.R. 4843: Mr. Simpson.
H.R. 4856: Mr. Engel and Mr. McKinley.
H.R. 4857: Mr. Crowley and Mrs. Blackburn.
H.R. 4863: Mr. Nolan.
H.R. 4885: Mr. Kilmer.
H.R. 4886: Mr. Daines.
H.R. 4888: Mr. Rahall, Ms. DeLauro, Mr. Welch, Mr. Cohen,
Mr. Swalwell of California, Ms. DeGette, Ms. Clarke of New
York, and Mr. Lowenthal.
H.R. 4897: Mr. Cuellar.
H.R. 4902: Mr. Delaney, Ms. Matsui, Mr. McNerney, and Mr.
Swalwell of California.
H.R. 4904: Ms. Esty.
H.R. 4906: Ms. Norton.
H.R. 4913: Mr. Hinojosa.
H.R. 4916: Mr. Runyan, Mr. Peters of Michigan, and Mr. Ryan
of Ohio.
H.R. 4920: Mr. Courtney, Mr. Bishop of New York, and Mr.
Loebsack.
H.R. 4930: Mr. Thompson of Mississippi.
H.R. 4947: Mr. Pearce.
H.R. 4960: Mr. Latham, Ms. Sewell of Alabama, Mr. Ben Ray
Lujan of New Mexico, Mr. Israel, Mr. Nadler, Ms. Hanabusa,
Ms. Eshoo, Mr. McNerney, Mr. Connolly, Ms. Frankel of
Florida, Ms. Bordallo, Mr. Rogers of Kentucky, Mr.
Sensenbrenner, and Mr. Rush.
H.R. 4969: Mr. Terry, Mrs. Kirkpatrick, Mr. Wenstrup, Mr.
Hanna, and Mr. Griffith of Virginia.
H.R. 4978: Mr. Ben Ray Lujan of New Mexico.
H.R. 4981: Ms. McCollum and Mr. Johnson of Ohio.
H.R. 4985: Ms. Bonamici.
H.R. 4990: Mr. Higgins, Mr. McGovern, and Mr. Grijalva.
H.R. 4998: Ms. Esty and Mr. Takano.
H.R. 5000: Mr. Pascrell and Mr. Murphy of Florida.
H.R. 5005: Ms. Pingree of Maine.
H.R. 5023: Mr. Rahall.
H.R. 5024: Mr. Cartwright, Mrs. Carolyn B. Maloney of New
York, Ms. Jackson Lee, Mr. Hinojosa, Ms. Brown of Florida,
Mr. Owens, Mr. Horsford, Ms. Edwards, Mr. Danny K. Davis of
Illinois, Mr. Garamendi, Ms. Brownley of California, Mr.
McGovern, Ms. McCollum, Mr. Lowenthal, and Ms. Sinema.
H.R. 5025: Mr. Wolf.
H.R. 5033: Ms. Norton.
H.R. 5041: Mr. Franks of Arizona.
H.R. 5052: Mr. Rooney, Mr. Hudson, Mr. Byrne, Mr. Broun of
Georgia, Mr. Gallego, Mr. Sam Johnson of Texas, and Mr.
Sessions.
H.R. 5054: Mr. Gallego.
H.R. 5059: Mr. McHenry, Mr. Smith of New Jersey, Mr.
Keating, Ms. Brownley of California, Mr. Higgins, Mr. Pearce,
Mr. Bishop of New York, and Mr. Rothfus.
H.R. 5063: Mr. Sensenbrenner, Mr. Bera of California, and
Mr. Swalwell of California.
H.R. 5071: Mr. Womack, Mrs. Hartzler, Mr. Sensenbrenner,
Mr. Stivers, Mrs. Lummis, Mr. Gingrey of Georgia, and Mr.
Neugebauer.
H.R. 5077: Mr. Rothfus.
H.R. 5078: Mr. Joyce, Mr. Wenstrup, Mr. Amash, Mr.
Goodlatte, Mr. Sensenbrenner, Mrs. Hartzler, Mr. Gibson, Mr.
Rogers of Kentucky, Mr. Gingrey of Georgia, Mr. Neugebauer,
Mr. Guthrie, and Mr. Harris.
H.R. 5083: Mr. Bishop of New York.
H.R. 5088: Mr. Cartwright, Mr. Veasey, Ms. Gabbard, Mr.
Meeks, Mr. David Scott of Georgia, and Mr. Honda.
H.R. 5095: Mr. Pocan, Mr. Joyce, and Mr. Neugebauer.
H.R. 5101: Ms. Lee of California and Mr. McNerney.
H.R. 5109: Mr. Lowenthal, Mr. Waxman, Mr. Farr, Mr. Schiff,
Mrs. Davis of California, and Ms. Roybal-Allard.
H.R. 5136: Mrs. Negrete McLeod.
H.R. 5137: Mr. Kelly of Pennsylvania and Mr. Burgess.
H.R. 5143: Mr. Burgess.
H.R. 5156: Mr. Cartwright.
H.R. 5159: Mr. Payne and Mr. Peters of Michigan.
H.R. 5160: Mr. Southerland, Mr. Rahall, Mr. Barton, Mrs.
Miller of Michigan, Mr. Pittenger, and Mr. Murphy of
Pennsylvania.
H.R. 5168: Ms. Shea-Porter, Mr. Huffman, and Mr. Cummings.
H.R. 5179: Mr. Ellison, Mr. Blumenauer, Ms. Schakowsky, and
Mr. Takano.
H.R. 5182: Mr. Huffman.
H.R. 5183: Mr. Renacci.

[[Page 13788]]

H.R. 5186: Mr. Holt, Mr. Hinojosa, Mrs. McCarthy of New
York, Mr. Tierney, and Ms. Bonamici.
H.R. 5213: Mrs. Black, Mr. Boustany, Mr. Joyce, and Mr.
Valadao.
H.R. 5219: Mr. Ben Ray Lujan of New Mexico, Ms. Roybal-
Allard, and Mr. Moran.
H.R. 5228: Mr. Johnson of Georgia, Mr. Payne, Ms. DeGette,
Ms. Clarke of New York, Ms. Brown of Florida, Ms. Lee of
California, Ms. Roybal-Allard, Mr. Grayson, Mr. Rush, Mr.
Cardenas, Ms. Norton, Mr. Takano, Mr. McGovern, and Ms.
Titus.
H.R. 5229: Mr. Jones.
H.R. 5232: Mrs. Walorski.
H.R. 5233: Mr. Collins of Georgia, Mr. Reed, Mr.
Sensenbrenner, Mr. Smith of Texas, and Mr. Hanna.
H.R. 5241: Mr. Moran and Mr. Kinzinger of Illinois.
H.R. 5243: Mr. Crenshaw.
H.R. 5248: Mr. Cicilline.
H.R. 5249: Mr. Keating, Mr. Carson of Indiana, Mr. Cole,
and Mr. Himes.
H.R. 5253: Mr. Griffin of Arkansas and Mr. Culberson.
H.R. 5256: Mr. Southerland.
H.R. 5257: Mr. Southerland.
H.R. 5258: Mr. Southerland.
H.R. 5269: Ms. Castor of Florida and Ms. Frankel of
Florida.
H.R. 5270: Mr. Gene Green of Texas.
H.R. 5278: Mr. Cicilline.
H.R. 5285: Mr. Gerlach, Mrs. Hartzler, Mr. Renacci, Mr.
Luetkemeyer, Mr. Goodlatte, Mr. Forbes, Mr. Miller of
Florida, Mr. Fleming, and Mr. Neugebauer.
H.R. 5287: Mr. Cartwright.
H.R. 5288: Mr. Hastings of Florida.
H.R. 5294: Mr. Grayson, Mr. Al Green of Texas, Mrs. Carolyn
B. Maloney of New York, Mr. Becerra, and Ms. Moore.
H.R. 5300: Mrs. Hartzler and Mr. Rogers of Kentucky.
H. Con. Res. 16: Mr. Shuster.
H. Con. Res. 109: Mr. Johnson of Ohio and Mr. Lance.
H. Con. Res. 110: Mr. Lamborn, Mr. Larson of Connecticut,
Ms. Matsui, Mr. Swalwell of California, Ms. DeLauro, Mr.
Vargas, Mr. Sherman, Ms. Chu, Mr. Yoder, Mr. Boustany, Mr.
Gosar, Mr. Stivers, Mr. Wenstrup, Ms. McCollum, Mr. Peters of
Michigan, Mr. Latta, Mrs. Miller of Michigan, Mr. Moran, Ms.
Schakowsky, Mr. Rush, Mr. Honda, Mr. Posey, and Mr. Polis.
H. Res. 72: Ms. Hanabusa and Mr. Heck of Nevada.
H. Res. 208: Mr. Capuano, Mr. Carson of Indiana, and Mr.
McNerney.
H. Res. 410: Mr. Garcia.
H. Res. 428: Mr. Duncan of Tennessee.
H. Res. 456: Mr. Wolf.
H. Res. 525: Mr. Peters of Michigan.
H. Res. 601: Ms. Norton and Mr. King of Iowa.
H. Res. 607: Ms. Meng.
H. Res. 620: Mrs. Noem, Ms. Jenkins, Mr. Yoder, Mr.
Lipinski, and Mr. Garcia.
H. Res. 640: Mr. Grijalva.
H. Res. 668: Mr. Larson of Connecticut, Mrs. Beatty, Ms.
Herrera Beutler, Mr. Thompson of California, Ms. Loretta
Sanchez of California, Mr. Serrano, Mr. Vela, Mr. Sablan, Ms.
Wilson of Florida, Mr. Kind, and Mr. McNerney.
H. Res. 679: Mr. Quigley.
H. Res. 688: Mr. McGovern, Mr. Ellison, Mr. Israel, Mr.
Butterfield, Mrs. Carolyn B. Maloney of New York, Mr.
Conyers, Ms. Lofgren, Ms. DelBene, and Mr. Rangel.
H. Res. 689: Mr. Doyle.
H. Res. 691: Ms. Kaptur and Mr. Vela.
H. Res. 697: Mr. Keating, Mr. Peters of Michigan, Mr. Scott
of Virginia, Mr. Pittenger, Mr. Higgins, Ms. Brownley of
California, and Ms. Bonamici.

____________________

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS

Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:

Offered By Mr. Goodlatte

The provisions that warranted a referral to the Committee
on Judiciary in H.R. 5272 do not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.

____________________

PETITIONS, ETC.

Under clause 3 of rule XII,

94. The SPEAKER presented a petition of Morris County Board
of Chosen Freeholders, New Jersey, relative to Resolution No.
47 urging the President to secure the release of Untied
States Marine Sgt. Andrew Tahmooressi from Mexican custody;
which was referred to the Committee on Foreign Affairs.

[[Page 13789]]

SENATE--Thursday, July 31, 2014

The Senate met at 9:30 a.m. and was called to order by the Honorable
John E. Walsh, a Senator from the State of Montana.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal Lord God, as we make the August exit, may we hear the words
of the poet Longfellow when he said:

Art is long, time is fleeting and our hearts though stout
and brave still like muffled drums are beating funeral
marches to the grave.

May our lawmakers remember that history will not judge them so much
on what they say as on what they accomplish. They will be known by
their fruits. Teach them to number their days, that they may have
hearts of wisdom. As the seasons come and go, may this wisdom keep them
from majoring in minors and minoring in majors. Working together may
they avoid the frivolous and reap a harvest worthy of their high
calling.
Lord, we thank You for the service of our faithful pages.
We pray in Your merciful Name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Presiding Officer led the Pledge of Allegiance, as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Leahy).
The assistant legislative clerk read the following letter:

U.S. Senate,

President pro tempore,

Washington, DC, July 31, 2014.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
John E. Walsh, a Senator from the State of Montana, to
perform the duties of the Chair.
Patrick J. Leahy,
President pro tempore.

Mr. WALSH thereupon assumed the Chair as Acting President pro
tempore.

____________________

RECOGNITION OF THE MAJORITY LEADER

The ACTING PRESIDENT pro tempore. The majority leader is recognized.

____________________

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2014--MOTION TO PROCEED

Mr. REID. Mr. President, I move to proceed to Calendar No. 488, S.
2648.
The ACTING PRESIDENT pro tempore. The clerk will report the motion.
The assistant legislative clerk read as follows:

Motion to proceed to Calendar No. 488, S. 2648, a bill
making emergency supplemental appropriations for the fiscal
year ending September 30, 2014, and for other purposes.

Schedule

Mr. REID. Mr. President, following my remarks and those of the
Republican leader, the Senate will resume consideration of the motion
to proceed to S. 2648, the emergency supplemental appropriations bill,
postcloture. The time until 10 a.m. will be equally divided between the
two leaders or their designees. The ranking member of the Budget
Committee, Senator Sessions, will control the time from 10 a.m. to 11
a.m. and the majority will control the time from 11 a.m. to 12 noon.
We will notify all Senators when votes are scheduled.

Measure Placed on the Calendar--S. 2709

Mr. REID. Mr. President, I understand that S. 2709 is at the desk and
due for a second reading.
The ACTING PRESIDENT pro tempore. The clerk will read the bill by
title for the second time.
The assistant legislative clerk read as follows:

A bill (S. 2709) to extend and reauthorize the Export-
Import Bank of the United States, and for other purposes.

Mr. REID. Mr. President, I would object to any further proceedings
with respect to this bill.
The ACTING PRESIDENT pro tempore. Objection is heard. The bill will
be placed on the calendar.
Mr. REID. Mr. President, I respect, admire, and applaud Senators
Cantwell and Manchin for the work they have done on this most important
bill. We need to find a way forward on it.
There are some in the House of Representatives and a few over here
who have made this very difficult to do, and it is so important to the
economic stability of our country.
I met yesterday with the head of Boeing aircraft, and they have
800,000 jobs directly and indirectly connected to this--I shouldn't say
``to this.'' But it is a significant part of what they do and need to
do to get their finances in order. It would be a shame if we weren't
able to renew this. It expires at the end of September.

September Work Schedule

Before we finish our business and Senators return for the work period
at home, I want everyone to know about what is going to happen when we
come back.
Following the August recess, when we convene on September 8, we will
be here for 1 week, 2 weeks, and 2 days. That is it. September 23 is
our target date to adjourn until after the election. I hope we can do
that. This leaves us little more than 2 weeks and 2 days. That is not a
lot of time for the workload we have to do.
We need to pass appropriations measures to keep the government from
shutting down. We need to pass a temporary extension to the Internet
Tax Freedom Act. We need to do something about the items I just
mentioned about the Ex-Im Bank. We have to do the Defense authorization
bill, which is extremely important for the fighting men and women of
this country. We are going to address the Udall constitutional
amendment on capping finance reform. And we are going to reconsider a
number of issues: college affordability, minimum wage, Hobby Lobby,
student debt.
We have a lot of work to do. So everyone needs to know that when we
come back on September 8, there will be no weekends off. There are only
2 weeks until we go home, and everyone should not plan things on these
weekends. So no one can say: You need to give us notice.
You have been given notice.
I had a chairmen's lunch yesterday. Every chairman there said we
should work those two weekends. So everybody, this isn't me trying to
dictate a schedule. At lunch yesterday, the chairmen of this
institution said we should work those two weekends.
I just mentioned a few things we have to do. So again, Saturday,
September 13; Sunday, September 14; Saturday, September 20; Sunday,
September 21, we need to be here, including the Fridays that precede
those dates that I gave. Every day between September 8 and September 30
is fair game. Friday, Saturday, Sunday, we need to be here.
I repeat for the third time here this morning: There is so much to do
and so little time to do it. We have not had a productive Congress. We
can't push everything back to the so-called lameduck. Much of what we
are able to accomplish in September depends on the Republicans in the
House. Will they get their business done and pass legislation that is
important for our country and including the economy?

[[Page 13790]]

Here we have lamented the fact that they refuse to take up and pass
our comprehensive immigration reform. What a good piece of legislation,
a bipartisan bill passed out of this body by an overwhelming margin,
and Republicans refuse to take it up. Among other things, it will
reduce the debt by $1 trillion.
We have no extension of long-term unemployment benefits. I have
talked about minimum wage and I have talked about student debt. I have
talked about Hobby Lobby. I have talked about equal pay for women,
getting paid equally for the work they do that is the same as men. But
they have no interest in these issues. They certainly have no interest
in getting corporate bosses out of health care for women.
No, they are busy turning the House floor into a theater. And it is a
double feature like we used to go to when they had double features--at
least I don't think they do anymore. It is a double feature.
House Republicans are, first of all, going to sue the President. And,
above all, the Republicans in the House and the Senate--the most anti-
trial-lawyer group of legislators in the history of the country--who
are they going to? Trial lawyers. Who is going to pay those trial
lawyers? The American taxpayers. And if that isn't enough, once their
lawsuit gets going, they are going to try to impeach the President.
So that is what it is all about. We have a lot to do. A lot depends
on the political theater in the House. If the House Republicans are
serious and focus their time on legislation to help American families,
then it could be a very productive month in September. If they keep up
the sue-and-impeach show, we will stay right here working until they
finally get serious about giving the American people a fair shot.

Reservation of Leadership Time

The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
Under the previous order, the time until 10 a.m. will be equally
divided and controlled between the two leaders or their designees.

Recognition of the Minority Leader

The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.

Border Crisis

Mr. McCONNELL. Mr. President, the ongoing humanitarian crisis at our
Nation's southern border demands a solution. It really just boggles the
mind that the President of the United States would rather fund raise in
Hollywood than work with members of his own party to forge a
legislative response to this tragic situation and to do something to
prevent more young people from making the perilous and potentially
life-threatening journey across the desert.
The President initially laid out reforms that, while modest,
represented a step in the right direction. But evidently the politicos
who increasingly have the President's ear these days couldn't go along
with that, so the President stopped defending his own policy reforms.
Instead, he demanded a blank check that would literally preserve the
status quo, a blank check he knew wouldn't fix the problem, a blank
check he knew couldn't pass Congress, and a blank check he knew members
of his own party in Congress didn't even support.
Faced with a national crisis, he listened once again to his most
partisan instincts instead of uniting Congress around a common solution
so he could lay blame for that crisis on somebody else. Apparently no
crisis is too big to be trumped by politics in the Obama White House.
It is exasperating for those of us who want to work toward bipartisan
solutions; it is confusing, I am sure, to the Democrats who share our
desire to get something accomplished; and it is emboldening to
Democrats who don't, including the Senate Democratic leadership.
When faced with a crisis, a President's job is to show Presidential
leadership and to get his party on board with the reforms necessary to
address it. Scuttling reform and prolonging the crisis is not part of
the job description.
So what I am suggesting, Mr. President, is that you spend a little
more time actually doing the job you were elected to do. Press
``pause'' on the nonstop photo-ops and start demonstrating some real
leadership instead. The barbecue joints and the pool halls will still
be there after we solve this problem.
Mr. President, it is a dangerous journey to the border. Children are
suffering at the hands of some seriously bad actors down there. News
reports suggest you even knew about this long before it started making
national news. You could have intervened before this turned into a
full-blown humanitarian crisis, but you didn't. You could have worked
with us to get a bipartisan solution. You didn't.
Mr. President, you have a special responsibility to help us end this
crisis in a humane and appropriate way. Congress cannot do it without
your leadership or your engagement. It is literally impossible to do
this without you. So pick up the phone you keep telling us about and
call us. Call your fellow Democrats and lobby them to get on board.
Work with us, and let's address this crisis.

Foreign Policy

Recently I expressed deep concern that the President pursued a
foreign policy based on withdrawing from America's forward presence and
alliance commitments, hollowing out our Nation's conventional military
forces, placing an overreliance upon personal diplomacy and
international organizations, and literally abandoning the war on
terror. I believe this will leave his successor to deal with a more
dangerous world and with fewer tools to meet the threats.
Later this morning several Members of Congress charged with leading
national security committees and policymaking will meet with the
President to discuss national security. I don't expect the President to
brief us on his plan for rebuilding the military, especially in a way
that would allow us to meet our commitments in Europe and the Middle
East or that would allow for an effective strategic pivot to Asia, nor
do I expect the President to lay out for us his plans to provide the
intelligence community with all the tools it will need to deal with the
threat of international terrorism from Al Qaeda and its affiliated
groups over the next decade. Those are strategic threats best addressed
by integrating all the tools of our Nation's power, and, candidly, it
would require the President to revisit the policy stances he took as a
candidate back in 2008.
I do hope that at a minimum the President will discuss two near-term
issues:
First, I hope he will explain his plan or efforts to assist the
Israelis in demilitarizing Gaza and ensuring that Hamas is not left
with the ability to launch indirect fire attacks against the civilian
populace or to infiltrate Israel through tunnels. In coordination with
Israel, we can assist the Palestinian Authority with any programs to
assume responsibility for monitoring those access points into Gaza.
Absent any active efforts by the administration, I would at least
like assurances that the President is not working to impose a cease-
fire upon Israel that is harmful to the objectives of the current
military campaign.
Second, earlier this month a group of Republican Senators wrote to
the President imploring him to craft a plan for containing the threat
posed to Iraq and Jordan by the Islamic State of Iraq and the Levant.
Specifically, we asked the President to deploy an assessment team to
Jordan to develop a plan to prevent the spread of ISIL in a way that
threatened our ally Jordan.
Although Ambassador Susan Rice responded to our letter, her letter
did not address how the administration intends to combat ISIL. Instead,
Ambassador Rice renewed the administration's request for a new
counterterrorism partnership fund. To this point, the administration
has failed to provide the Congress with any plan for how this new
counterterrorism fund would assist our ally, further our own interests,
or train and equip a moderate opposition within Syria. That would be a
good starting point for today's discussion with the President.

[[Page 13791]]

Opiate Addiction Impacts

Prescription drug and heroin abuse have risen to epidemic levels in
my home State of Kentucky. More Kentuckians now lose their lives to
drug overdose--largely driven by painkillers--than to car crashes. It
is a huge problem.
Earlier this year I convened a listening session in the Commonwealth
to hear from those closest to the problem, from professionals across
the medical, public health, and law enforcement spheres, as well as a
brave young man who managed to break his heroin addiction after
watching his own friends overdose. We discussed the extent of the
problem, and one issue in particular that grabbed my attention was the
increasing number of infants being born in Kentucky dependent on
opiates. Researchers estimate that more than one baby every hour--one
baby every hour--is now born dependent on drugs and suffering from
withdrawal--a number that has increased in my home State by more than
3,000 percent since the year 2000. We have gone from 29 infants
identified as suffering from drug withdrawal annually to more than 950.
Experts believe there are even more cases that go unreported. This is
heartbreaking. I say this especially as a father of three daughters.
These children are the most innocent members of our society. We have to
protect them.
Thankfully, the Commonwealth is taking this problem seriously. Both
the Kentucky Perinatal Association and the Kentucky Perinatal Quality
Initiative Collaborative have made as their primary focus reducing the
number of infants born dependent on opiates and other drugs. I
certainly commend their efforts, but there is more we can do at the
Federal level.
Maternal addiction and infant opiate dependency are epidemics that
can best be overcome by effective coordination between stakeholders at
the State and Federal levels.
One bill that was recently introduced in the House, the CRIB Act,
would help address the need for greater coordination between doctors,
nurses, hospitals, and governments at the State and Federal level. I
commend the sponsors of that legislation for their leadership.
Today in the Senate I will introduce the Protecting Our Infants Act,
which seeks to address not only infants suffering from opiate
withdrawal but maternal opiate addiction as well. It would help
identify and disseminate recommendations for preventing and treating
maternal addiction so that we can reduce the number of infants born
dependent on opiates and other drugs.
My bill would also promote recommendations as to how to pinpoint
those babies suffering from withdrawal and how best to treat them.
Because I have heard from so many experts in Kentucky on the need for
more research into infant withdrawal and its long-term effects, my bill
would shine a light on those areas as well.
The Protecting Our Infants Act would also encourage the Centers for
Disease Control and Prevention to work with States to improve the
availability and quality of data so that they can respond more
effectively to this public health crisis.
My legislation is certainly no silver bullet, but it is a step in the
right direction, and it would help ensure that our public health system
is better equipped to treat opiate addiction in mothers and in their
newborn children. Together we can overcome this tragic problem. I am
going to remain focused on it until we do.
The ACTING PRESIDENT pro tempore. The Senator from Nebraska.

Family Medical Leave

Mrs. FISCHER. I thank the Chair.
Mr. President, I rise today to discuss the need to strengthen
American families and enhance workplace flexibility, and I am very
pleased to be joined here on the floor of the Senate this morning by my
good friend the junior Senator from Maine.
In Nebraska and all throughout the country, too many families
continue to struggle in this weak economy. Even with moms and dads
working two or three jobs, some families find it hard to get ahead.
Household income has plummeted by more than $3,300, and 3.7 million
more women are in poverty. The average price for a gallon of gas has
nearly doubled, and the labor force participation rate has declined by
2.9 percentage points since 2009.
Many economists agree that the surest way to generate sustained
economic growth and empower struggling families is to pass
comprehensive tax reform. Addressing overregulation should also be a
top priority. Moreover, it is a simple truth that less government
spending means families will keep more of their own money. Agreement on
how exactly to achieve these needed fiscal reforms remains elusive and,
unfortunately, unlikely in a Capitol paralyzed with election fever.
Nonetheless, there are reasonable policy changes we can all agree on,
and those changes will make life easier for families.
I have been working on a number of commonsense measures--my Strong
Families, Strong Communities plan--to empower working families,
increase take-home pay, and ensure flexibility in the workplace. Today
I would like to discuss part of that plan.
The Strong Families Act is a bipartisan proposal I introduced with
Senator King to address the challenge of paid leave. It is no secret
that balancing responsibilities at home with duties at work is a common
struggle for working parents. For an increasing number of Americans
these pressures include raising young children while also caring for
aging parents.
While I believe we must do more to help these working families, the
usual Washington answers of one-size-fits-all Federal mandates and
higher taxes are not a part of the solution we are proposing. Instead,
I believe we should focus on a more balanced approach that respects
both family obligations and the employer's costs of doing business.
There are ways to increase the options for working adults without
hurting existing employment arrangements or threatening job security.
The Family and Medical Leave Act--FMLA--of 1993 requires employers of
50 or more employees to provide up to 12 weeks of unpaid leave, which
can be used for events such as the birth or adoption of children,
serious medical issues, or providing care to close family members.
The problem for many families is that current law does not require
paid time off. Unpaid leave is practically impossible for countless
Americans, especially hourly workers who live paycheck to paycheck.
Many employers voluntarily offer generous compensation packages that
include paid parental or medical leave. A survey of more than 1,100
employers found that 68 percent of large employers provide paid
parental leave. At the same time not all workers enjoy these options
despite increasingly complex family demands. Again, this is especially
true for low-wage workers. With more than half of women working as the
primary breadwinners, workplace flexibility has become a necessity for
our 21st-century families.
It is not just children who require personal care and attention; it
is also our aging parents. Nearly half of middle-aged adults have
elderly parents, and they are still supporting their own children. Over
43 million Americans provide direct care to older family members, with
women serving as 66 percent of all primary caregivers. As the baby
boomer generation ages, the number of senior citizens requiring care
will likely spike. Less take-home pay for these caregivers means
tighter finances, more stress, and lost opportunities--all at a time
when families are confronting health crises or dealing with unique
challenges of starting a new family. With such events often coinciding
with high medical bills, the last thing a stressed family needs is a
smaller working budget.
Senator King and I have offered a proposal that would enable working
families to have continued access to pay while they are meeting
necessary family obligations. Our plan would create a tax credit to
encourage employers to voluntarily offer paid leave for workers. To be
eligible for that tax credit, the employer must at a minimum offer 4
weeks of paid leave, but they could offer more. Paid leave would be
available on an hourly basis and would be separate from the other
vacation or sick leave. For each hour of

[[Page 13792]]

paid leave provided, the employer would receive a 25-percent
nonrefundable tax credit. The more pay the employer offers, the greater
the tax credit. This tax credit will be available to any employer with
qualified employees regardless of size. Importantly, our bill is
reasonable. It is a balanced solution that can make a real difference
in the lives of working families.
When we do this without new mandates or new taxes, it creates an
incentive structure to encourage employers to offer that paid leave,
specifically targeting those who hire lower income hourly paid workers.
This should not be just another election-year issue. This is a middle-
class issue and our bill takes the partisan politics out of it and
offers a meaningful solution we can pass.
I wish to thank my friend from Maine, Senator King, who joined me in
offering this bill.
Once again, this now famous surf-and-turf caucus is working together
on a commonsense proposal, and it is a proposal that can help American
families. I am grateful for the Senator's input, his hard work and
friendship, and I look forward to closely working with him in the
future so we can advance this measure in the Senate.
I thank the Presiding Officer and yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Maine.
Mr. KING. Mr. President, I am delighted to join my colleague from
Nebraska to introduce what I think is an important and commonsense and
workable bill that could be passed in the next several weeks, and I
think there will be broad agreement across the political spectrum.
The question we are answering is: What does Suriname, Papua-New
Guinea, and the United States have in common? The answer is: They are
the only three countries in the world that we have been able to turn up
that don't have any provision for paid maternity leave. Every member of
the industrialized world, except the United States, has some kind of
coverage for paid maternity leave.
This chart gives the various levels. You will see in red is the
United States, Suriname, Papua New Guinea, and that is it in the whole
world. This is something we can do that will not affect our
competitiveness, will not be a problem in our economic growth, and in
fact I believe it will contribute to it.
Today a family who has a health crisis with an elderly parent, a
child or has the joyful issue of a new child in their family has a
terrible dilemma. The dilemma is: Do I stay home to take care of the
child or the elderly parent in a health crisis or do I have to put food
on the table by going to work because for every hour of work I miss I
lose an hour of pay. That is a dilemma we should not put our people
through.
As I have said, I believe this is a productivity issue. All of the
discussions we have had in recent months about pay and gender inequity
often come down to the issue of workplace flexibility, particularly in
the case of women who are often the ones who are put in the dilemma I
mentioned of having to choose between their earnings and family
obligations. Women are the ones who are often trapped in this dilemma,
and they are the ones who are asking for and seeking--quite
reasonably--the same kind of flexibility that virtually every other
working person in the world already enjoys.
I like this bill and agreed with my colleague from Nebraska to join
in it because it is voluntary. It is not a mandate from Washington, it
is not something that says every employer in the country has to do
this, and there will be rules and bureaucracy and adjudications and all
those kinds of things. No, this is a voluntary, incentive-based program
that says every employer--not just those 50 and above or 100 and above
or 500 and above--in the country will have this tax credit available to
them that will allow them to offer paid leave to their employees.
I think this is the way we should approach this and not, as my
colleague has said, with a one-size-fits-all mandate emanating from
Washington. I think incentives are always better than mandates.
The other element that is important about this bill is it focuses on
the people who are currently least likely to have some kind of paid
leave available to them, and usually those are people who work on an
hourly basis. That is whom this bill is focused on. The interesting
aspect of the data is that as it goes up the income scale into salaried
employees, more than two-thirds of American workers in this category
already have a paid leave policy. It is when you get down into the
working people--the hourly workers--that we have discovered the real
problem lies. That is why I think this bill has an important focus on
hourly workers, people who are covered by the Fair Labor Standards Act
and people who otherwise are not going to have this kind of protection.
This is about flexibility. As I have talked to and listened to
women's groups and advocacy groups, flexibility is always first on the
agenda, and that is exactly what we are talking about, so people--men
or women--don't have to make that agonizing decision, people who are
living paycheck to paycheck don't have to make the agonizing decision
between being able to put food on the table and pay the rent or staying
home to take care of an ill child or an elderly parent or to stay home
a reasonable period after the joyous occasion of the arrival of a new
child.
It is also about productivity. I believe we will see an increase in
productivity because people will not be preoccupied when they are at
work. They know they are going to be there and they know they are going
to have this protection and it takes away that agonizing worry and
anxiety. It also--by giving people paid leave--will enable them to
continue to contribute to the economy, and I believe it will actually
be a positive stimulus to our economy.
Of course everybody says we are in competition with the rest of the
world. Not on this. Every place else in the world provides this level
of benefits so we are in a catchup situation, and I believe, as I said,
I think we will see an increase in productivity and in economic
activity.
Finally, it is about fairness. Frankly, to some extent it is about
gender fairness. It is about fairness to working women who are expected
in our culture to be the ones to take care of a sick child. That may
not be fair, that may not be the wave of the future, but that is a fact
today. It is about fairness to those working women who have to make a
choice between putting food on the table or taking care of a sick child
or taking the necessary time off after the birth of a child in order to
have that event be a happy one and not an economic strain on the
family.
I am delighted to join my colleague from Nebraska--the leader of the
surf-and-turf caucus--on her brilliant bill that I believe is something
we can come together on, on a bipartisan basis, and actually do
something about and not just talk about the problem of income equality
and not just talk about the problem of fairness and not just talk about
the problem of flexibility in the workplace but actually do something
about it in a practical and commonsense way that I think will have
tremendous ramifications across the country.
I am delighted to be able to join her. I compliment the Senator from
Nebraska for her work in bringing this forward, and I look forward to
what I hope will be an expeditious consideration of her bill in the
Senate and in the Congress. This is a change we can make that will make
a real difference in people's lives across America.
I thank the Presiding Officer and suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SESSIONS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Immigration Reform

Mr. SESSIONS. Mr. President, the people of the United States have
truly begged and pleaded with their lawmakers for years to create a
lawful system of immigration--one that works, one that is fair, one
that serves the national interest, one that we can believe

[[Page 13793]]

in. They have been justly and rightly convinced of that fact, and they
have demanded it of their elected officeholders to secure their
communities and protect the integrity of our national borders. Some say
there is something wrong with that. I say there is absolutely nothing
wrong with that. That is the right thing. That is the moral thing. That
is the responsible thing. That is the decent thing. That is what any
great nation should have--an immigration policy that serves its
national interest and is fairly and lawfully conducted.
But these pleas have fallen on deaf ears. Our border is absolutely
not secure. It is in a state of crisis. Our communities are not safe.
Preventable crimes occur every day because our laws are not being
enforced and our sovereignty, at its base level, is not being
protected. And, we have a President planning to issue sweeping
executive amnesty in violation of law, in ways in which he has no
power, and threatens the constitutional separation of powers. Congress
passes laws; the President must execute the laws. The President is not
entitled to make laws, to conduct actions contrary to plain laws. The
President simply cannot say Congress didn't act, so I have to act.
Well, Congress decided not to act in a way he wanted. They considered
legislation, rejected it, and now he is going to--it appears from
article after article--go forward and carry out an action anyway. It
would be fundamentally wrong. This cannot stand. It will not stand.
My position has been and remains that Congress should not pass border
legislation that does not foreclose the possibility of these unlawful
Executive orders. As an institution, this Congress has a duty to
protect this institution and our constituents.
Currently, the President has issued approximately half a million
grants of administrative amnesty and work permits to individuals
unlawfully present in the country up to 30 years of age. Now the
President wants to issue another 5 to 6 million work permits to illegal
immigrants of any age, despite a clear prohibition in the Immigration
and Nationality Act. He is not entitled to do that. Plain law says you
cannot employ someone in the country unlawfully.
People think: Well, it is one thing to say you will not deport
somebody. But, colleagues, what was done previously was to provide,
under the DACA legislation, an ID card with the words ``Work Permit''
across the top, ``Work Authorization'' across the top.
So the President is providing, in violation of plain law, the ability
of people in the country to work who are not entitled to work, who will
be able to take jobs from any American today. We have a lot of
Americans today struggling for work. At a time when millions of
Americans are out of work, the President's plan is a direct affront to
them--to every single unemployed American, to people around the world
who have applied to come to the United States and have not been
admitted, so they did not come unlawfully. What do we say to them when
this happens?
It is particularly damaging to those in the poorest and most
vulnerable communities in America. So who is speaking for them? Who
will give them a voice in Congress? Will Members hear? Will we hear
their pleas? I have been shocked that we have not seen a willingness in
the Congress to resist more effectively than what we are seeing today.
So let's consider a bit more deeply for a moment what the President's
Executive action would do to immigration enforcement in America. Let me
say clearly, colleagues, we are not making this up. We are not having
some idea that he might do something for 5 or 6 million more people. It
has been repeatedly leaked from the White House--not leaked; they have
discussed it. The President has promised it to activist groups like La
Raza and the ACLU that he has been meeting with. He has told them he
intends to do this. It is only a question of how and the time. The
latest article yesterday in the Wall Street Journal--a big article--
said it would happen shortly after Labor Day. Well, this is not
something we are making up. It is a direct threat, a direct promise, a
statement, it appears, from the White House.
I hope they will not go forward with it. Surely cooler heads in the
White House will push back. Surely his Attorney General will say: Mr.
President, you cannot do this. His legal counsel in the White House
will say: Mr. President, do not do this. This is not lawful. The
Department of Homeland Security needs to be saying: This would be
devastating, Mr. President. How can we enforce any laws? Please do not
do this.
I do not think it is absolutely certain to happen. But it seems to me
that by every indication it is an absolute intention right now of the
President to go forward with this or they would not have had at least a
half a dozen articles on it--the National Journal, Time magazine, and
others.
I have spoken many times with a great American by the name of Chris
Crane, a former marine. He is also an ICE officer and president of the
officers' ICE Council--the Immigration and Customs Enforcement Council.
He has explained how his officers are ordered not to do their job. They
have even sued the Secretary of Homeland Security for blocking them
from fulfilling their oath to enforce the laws of the United States of
America. Can you imagine that? I was in Federal law enforcement for 15
years. I have never heard of a situation in which a group of law
officers sue their supervisor saying, in Federal court: Mr. Judge, my
supervisor is ordering me not to do what my duty and my oath requires
on a daily basis.
That is a stunning development. Their morale for years has been one
of the lowest in the Federal Government. Now I think it is the lowest
because they have been demeaned and rejected in a duty they believe is
worthwhile for them to carry out.
One of the things Mr. Crane explained is that the President's
previous Executive amnesty for the so-called DREAMers basically halted
enforcement for anyone who asserted protections under that new
administration policy. Mr. Crane would report that ICE officers would
come into contact with individuals unlawfully present in the country--
individuals they would encounter in prisons and jails. They would be
called by a local police department that they have arrested someone for
a serious crime. They would tell the ICE officers. Routinely they are
supposed to go and pick them up and deport them. They would encounter
people in jail--that is one of the big jobs they have--and they would
be forced to release them simply because they assert: I came here as a
youth. Nobody is going to do any investigation on this. How do you
investigate it? The effect is to demoralize and make it difficult, and
almost impossible, to enforce the law.
Now imagine, then, what would happen if the President expands this
administrative amnesty and work authorization program to cover millions
of unlawful immigrants of all ages. Everyone ICE comes in contact with
will assert these protections: I am qualified under the President's
amnesty. And any who fail the application will say they are eligible
for this amnesty.
So what then? Will the FBI open investigations, check when they
entered the country or whom they entered the country with, and where
they came from? They are not going to do that--of course not. The
officers are going to be totally unable to resist false claims from
applicants, who happen to be the people they have arrested. It is going
to demoralize immigration enforcement officers. ICE officers will again
be issued orders basically to stand down. No enforcement is going to
occur. It will be the effective end of immigration enforcement in
America, in my opinion.
You cannot maintain an effective, lawful, consistent, fair
immigration enforcement policy with these kinds of regulations
occurring and these kinds of orders from the White House, who is the
Chief Executive Officer of America, who is empowered and directed to
ensure that the laws of the United States are carried out--not
empowered to violate the laws of the United States.

[[Page 13794]]

We have also heard from officers who have processed immigration
applications. These are people who receive applications to come to the
United States in a lawful way. These dedicated folks at the U.S.
Citizenship and Immigration Services are people who have to process all
of these millions of applicants if the President issues his order.
So let me read at length from a statement from the President of the
USCIS Council, who represents these CIS officers who have an awesome
duty. He wrote last year--this is what he said:

USCIS adjudications officers are pressured to rubber stamp
applications instead of conducting diligent case review and
investigation.

This is the officers saying that their bosses are pressuring them to
just rubber stamp applications right now--not to investigate, not to
ask questions--just approve them. He goes on:

The culture at USCIS encourages all applications to be
approved, discouraging proper investigation into red flags
and discouraging the denial of any applications. USCIS has
been turned into an ``approval machine.''

That is what the top CIS officer said in a statement last fall. They
have been turned into an approval machine. No wonder the American
people are unhappy with what goes on here. Does anyone really know how
serious this is? It is amazing that we would undermine the very
integrity, really, of the entire process, and that is why they have
protested. That is why they have come forward. It hurts them. They feel
bad to see the great laws of the United States being routinely
eviscerated.
He went on to say this:

USCIS has created an almost insurmountable bureaucracy
which often prevents USCIS adjudications officers from
contacting and coordinating with ICE agents--

Who know something about these people, perhaps--

and officers in cases that should have their involvement.
USCIS officers are pressured to approve visa applications for
many individuals ICE agents have determined should be placed
into deportation proceedings.

That is a very serious charge, and that is happening. He is not
making that up. It goes on:

The USCIS officers who identify illegal aliens that, in
accordance with law should be placed into immigration removal
proceedings before a federal judge, are prevented from
exercising their authority and responsibility to issue
Notices To Appear.

This is a notice to appear in court. They are being obstructed and
told not to do it. He goes on to say:

The attitude of USCIS management is not that the Agency
serves the American public or the laws of the United States,
or public safety and national security, but instead that the
agency serves illegal aliens and the attorneys which
represent them. While we believe in treating all people with
respect, we are concerned that this agency tasked with such a
vital security mission is too greatly influenced by special
interest groups--to the point that it no longer properly
performs its mission.

What a devastating critique. Does anyone care? Has the President done
one thing to respond to these allegations? Is the Senate bill that is
offered by Senator Reid and our Democratic colleagues, with the
blessings of the President--does it do one thing to fix one of these
problems? No. They have no intention of fixing these problems. They do
not want to fix these problems. This is their policy: to foment more
lawlessness and to see that the laws are undermined in such a way they
cannot be effectively enforced.
It is just wrong, colleagues. Republicans and Democrats need to stand
up to this. Don't we need to respond to the desires of the American
people for a lawful system of immigration? Isn't that right and just
and decent that they ask of us? Yet we go along in total ignorance and
ignore these kinds of statements from our own enforcement officers,
which anybody who looks at the border and sees what is happening could
believe every bit of. And indeed it is true.
It goes on to say:

This agency is tasked with such a vital security mission is
too greatly influenced by special interest groups--to the
point that it no longer properly performs its mission.

In virtually every article we see the President is meeting with some
group, such as La Raza, which has very extreme policies on
immigration--basically an open borders policy. They have opposed every
policy of lawfulness. Another similar group, the ACLU, was commenting
recently on what they thought the President had told them he was going
to do about not enforcing the law.
These are the kinds of groups he is meeting with. He is not meeting
with the law officers. He never sat down with them to ask: Tell me what
it is like on the border. Let's see if we fix this thing. Let's make
this system work. He has never done that. That is very indicative. This
legislation that would spend $2.7 billion, proposed by the Democratic
leadership in the Senate, and totally blessed by the President. This is
the President's bill and it does nothing to fix any of the problems. It
just asks for more money.
The President of the United States Citizenship and Immigration
Services wrote last year:

DHS and USCIS leadership have intentionally established an
application process for DACA--

That is his first amnesty for DREAMers that the President issued.

--that bypasses traditional in-person investigatory
interviews with trained USCIS adjudications officers. These
practices were put in place to stop proper screening and
enforcement,--

He is saying that these practices were put in place to stop proper
screening and enforcement.

--and guarantee that applications will be rubber-stamped for
approval, a practice that virtually guarantees widespread
fraud and places public safety at risk.

This is the head of the USCIS Officers Association. He is laying out
event after event, action after action, that demonstrates we are
dealing with an administration that does not want the law enforced. Can
you believe these words?
The president of USCIS goes on to say:

U.S. taxpayers are currently tasked with absorbing the cost
of over $200 million worth of fee waivers bestowed on
applicants for naturalization during the last fiscal year.
This is in addition to the strain put on our Social Security
system that has been depleted by an onslaught of refugees
receiving SSI benefits as soon as their feet touch U.S. soil.

So the story that there are no Social Security benefits is not
correct. The refugees who enter our asylum system through the refugee
program are entitled to these benefits when they hit the soil.
He goes on to say:

Large swaths of the Immigration and Nationality Act are not
effectively enforced for legal immigrants and visa holders,
including laws regarding public charges as well as many other
provisions as the USCIS lacks the resources to adequately
screen and scrutinize legal immigrants and non-immigrants
seeking status adjustment. There is also insufficient
screening and monitoring of student visas.

These are breathtaking reports from our top officers, from the front
lines of law enforcement, from people who screen and review
applications every day for the United States of America.
Now think--just imagine what will happen to our system if the
President goes forward with his executive action. It would overwhelm a
system that is already buckling under the weight of massive illegality
on our southern border.
We must end this lawlessness. We can end this. We can do so. Let me
repeat. I know it can be done. But to do so, we must first stop doing
more damage. We must prevent the President's massive executive amnesty
from going forward. The public, once riled to these issues, will not be
ignored this time, in my opinion. They will not let the representatives
of either party acquiesce to lawlessness. That is why I have said that
Congress as an institution must not support any border bill that come
forward that does not expressly prohibit the President's executive
amnesty ideas that he has been talking about, and would block him from
spending any money to execute an unlawful plan of this kind.
How can we not take this position, colleagues? What basis do we have
to say we will not take any action when we were being told on a daily
basis what the President plans to do? Are we ready to go to recess for
August having done nothing, said nothing, offered

[[Page 13795]]

nothing to oppose the stated intentions of the President in this way?
There is currently no legislation pending for a vote in either
Chamber, House or Senate, which passes this test. Senator Cruz has
offered language, but they are not willing to allow it to come up for a
vote. As a result, both the House and Senate packages should not be
supported. Congress should not adjourn until it has firmly stood
against the President's unconstitutional and dangerous action.
The American people are asking for us to help. They are pleading with
us to help. We must answer their call. We must fight for the lawful and
just system of immigration that we can be proud of. Let's put this into
a bigger picture. Wages are down. Labor force participation is
declining. The percentage of people in the working ages who are
actually working has been declining steadily. Indeed, it has not
reached a level this low since the 1970s.
Since 2000, the Federal Government has lawfully issued nearly 30
million immigrant and foreign work visas--for people to come to this
country to work--almost 30 million visas to legally work in the United
States or permanently reside in the United States. During this time,
the number of Americans with jobs--Americans with jobs--declined on
net. On net, fewer U.S.-born workers ages 16 to 65 had jobs in 2014
than in 2000. Amazing.
There are fewer people working today--even though the population has
increased--than in 2000. The President's planned work permits for
illegal immigrants is in addition then to the already huge flow of low-
wage labor into the United States.
We have a problem, colleagues, with Americans needing jobs. We do not
have too few workers. We have too few jobs. I would contend that that
is pretty clear because wages are down.
If we had a shortage of workers, wages would be up. When you have a
surplus of labor and surplus of workers, wages decline. According to
the Wall Street Journal, in 2007, a family income of 4 would amount to
about $55,000, on average. It has now dropped to $50,000. That
represents a huge diminishment of the wealth of America. Is it not time
we did something for American workers? Who do we represent? Do we not
represent the people of this country? Do we not know we cannot--while
we believe in immigration, we respect and admire and love immigrants,
we ought to have a lawful system. The number of people who come ought
not to be so large that it destabilizes our labor market. Is that not
the right policy for a great country to pursue? The American people
have begged and pleaded for this system. I believe we ought to give it
to them.
Let me sum up one more time here. What we are seeing in the bill
presented by the majority, and demanding that it pass the Senate today,
is a bill that just provides money. It does not deal with any of the
policy problems in any real way that would end the lawlessness and end
the belief by people around the world that if they can just come to the
United States, particularly if they come as a young person, they will
be allowed to stay. We have not acted to end this belief in any
effective way.
It could easily be done. We do not need a law to fix that. We have
looked at it. Some legal changes could help. But, first of all, the
President needs to act.
The House is putting up some money. They are saying it has got to be
used for some of the things that would be beneficial to ending this
flow. But even then, we have seen the President does not have to use it
and does not have to comply with their vision to end immigration into
America.
So the President has set this up. He issued his amnesty documents,
his policies, and encouraged more people to come to America. If he does
this new Executive order amnesty, it would encourage more adults to
come to America. It just will. It will weaken the moral authority of
all our immigration laws. You cannot take these kinds of actions--as
somebody who has been in law enforcement for a long time, you cannot
take these actions and think there are not ramifications on them, that
there are not impacts throughout the entire world and throughout the
entire law enforcement community, for our ICE officers and our USCIS
officers working every day dealing with hundreds of these cases.
You have to have clarity. You have to have integrity. You have to
have consistency. You have to mean what you say. You cannot say: I am
for strong borders, and I am for legal immigration, and then present a
bill that is going to do nothing to change the path we are on. It is
something I hope our people will look at and pay attention to it.
This bill is going to go down. It is not going to pass. It should not
pass. It will be blocked. It will have no chance to pass in the House
if it were to get out of the Senate. What I want to say to colleagues
is: It is indicative of the lack of seriousness from the majority party
when they produce such a poor piece of legislation.
I wish to remind my colleagues of one more thing. The only way the
administration can run out of money is if it refuses to spend the money
that is currently available to it for the border disaster. There is no
law, no regulation preventing the administration from spending money in
the current fiscal year. Even the bill they submitted to us, when it
was examined, showed it only asked for $25 million for this fiscal
year, through September 30. So it is not the kind of crisis we have to
rush out and pass a bill today, tonight, or the country is going to
shut down. They can reallocate funds. But what we need is, and what
Congress needs to do as a representative of the American people, is to
say: We are prepared to provide some money, but we need to know, Mr.
President, that you are serious. We need to know, Mr. President, you
are going to let your officers do their duty and not block them from
doing their duty. We need to know, Mr. President, you are not, in a few
weeks, going to issue a massive administrative amnesty to millions of
people who will be given work permits to compete in America for any job
that is out there--any job.
We need to know where you stand on this. We represent our people. We
cannot just throw money at this problem, which is what this legislation
does.
Let me take a moment to go back and discuss how we got here. We have
had the current law basically in effect for a number of years: 5, 6, 7
years. We did not see a spike in entries of young people until the
President issued an Executive order basically legalizing people of
youth--up to 30 years of age--who came to America. That was seen around
the world as an invitation for young people to come. They have come in
extraordinary numbers, overwhelming our system.
In 2011, it was 6,000. This year it is going to be 90,000. What a
huge surge that is. It should never have happened. Now we are reduced
to being here in the Congress and having the President come to us
demanding billions of dollars to fund this program and deal with the
crisis his policies created. Because it is true, and has been true, the
young people who come to America turn themselves in to the immigration
officers, who then take them to the Health and Human Services officers
and turn them over to them. They go out and find housing. That is why
we have seen this all over the country. Find housing for them. Months
go by, or, if anyone comes to pick them up, they are turned over to
them. They do not inquire if they are legally here, those who come to
pick them up. They expect no proof that they are related to the child.
Maybe it is a 17-year-old. Most of them are older teenagers who pick
them up, and they are released on a permiso or bail and they never show
up. Nobody has the time or the numbers or the capacity to begin to go
look and see why they didn't show up in court. But if we get a traffic
ticket and don't show up in court in Alabama, California, Texas,
somebody is coming after us.
This is the way the system is being collapsed in America today. It is
just a tragedy. It breaks my heart. The American people have never
approved of this.
So word got out and we had this surge, and now the President, without

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any real plan to fix it, comes forward and says: Give me $4 billion--
the bill here I think is $2.7 billion--without any clear commitment or
proof that we have any plan or any commitment from his leadership to
alter the dynamics of the situation we are in.
This is not acceptable. The bill before us now is not acceptable. It
will not pass. It will not become law. We need to insist--the American
people will continue to insist--that this Congress and this White House
do their duty to make sure we have good, sound immigration laws and
then ensure they are faithfully and fairly executed to serve the
national interests of the United States.
I yield the floor.
The PRESIDING OFFICER (Mr. Booker). The Senator from Vermont.
Mr. LEAHY. Mr. President, I am glad that people have decided to speak
about immigration reform.
This body passed overwhelmingly--Republicans and Democrats joined
together--a comprehensive immigration bill last year.
We did it after six hearings during which we received testimony from
42 witnesses. We had five markups and 37 hours of debate, often late
into the night, over three weeks. There were 212 amendments, of which
136 were adopted, all but three of them on a bipartisan bases. Staff
and Senators, Republicans and Democrats, worked together throughout
that time, and the Senate, by a better than 2-to-1 margin, passed a
comprehensive immigration bill. It was supported by people from the
right to the left.
It went over to the other body. In the other body there were enough
votes to pass it. And what happened? The Republican leadership said:
No, we will not bring it up. And so it died there.
Today, faced with a surge of migrants from Central America, they are
giving great speeches: Oh, my God. We have to do something about
immigration. Why don't we do something about immigration? And then they
blame Democratic President Obama.
My response is: What are you doing? They could have brought up the
bill. We would be a lot better off had they brought it up and voted on
it. Vote yes or vote no. That is what we are supposed to do. The Senate
did that, and we passed it.
The Republican leadership is so afraid they might actually have to
take a stand on immigration. They might actually have to vote yes or
no. It is so much easier to do nothing, just to let it sit there and
say: Oh, it must be President Obama's fault. Oh, it must be the
Senate's fault. Oh, it must be somebody else's fault. Or maybe it is
the fault of these 6- and 7-year-old children who are trying to escape
being killed or molested, the 12-year-old girls who are afraid they are
going to be raped by gangs, the 12-year-old boys who are going to be
forced into gangs or be shot in front of their families.
It is so much easier to say: This is terrible. It has to be President
Obama's fault. Let's sue him.
What I say is: Why don't you have the courage to vote yes or no on
the immigration bill we sent you?
I defy any one of them to go home during August and say: Oh, we have
to do something about immigration. I hope people ask: How did you vote?
Well, they didn't vote yes and they didn't vote no. They didn't vote at
all.
I spoke in this Chamber earlier this month about the importance of
living up to our own principles and traditions by addressing the influx
of unaccompanied Central American children because it is a humanitarian
crisis.
While there is no easy solution, the Border Supplemental
Appropriations Bill offers a chance to make a downpayment on a strategy
to address this crisis comprehensively, in accordance with our legal
obligations and moral values.
The supplemental was described by the Appropriations Committee
chairwoman Senator Mikulski yesterday. We know it is significantly
different than the bill put forward by the House Republican leadership
this week. The House bill provides $1 billion less than the Senate to
help unaccompanied children currently in the United States and $700
million less to support the Departments of Homeland Security and
Justice so they can effectively address this issue and adjudicate these
children's cases appropriately.
There is nobody in this body or the other body, if they have children
or grandchildren, who has to worry about them going hungry or has to
worry about them living in fear every day. Let's get out of our ivory
tower and pay attention to what is happening.
As I said earlier, the House ignored our bipartisan comprehensive
immigration reform bill. Thirty pages of policy reforms included in the
House supplemental and all it does is support their enforcement-only
agenda to get rid of these children. Just throw them out. Let's pretend
we have no responsibility. Send them back to face whatever horrors back
home.
While many of these children and families don't qualify for
international protection and would be better off not risking the
dangerous journey, which the Senate bill seeks to address, many others
have legitimate claims to protection because of the violence and
persecution they have suffered in their home countries.
That is why this is a humanitarian issue. That is why we can't expect
other countries with far fewer resources--such as Jordan or Turkey or
Ethiopia--to accept far larger numbers of refugees from outside their
borders if we are not willing to do our part.
The little country of Jordan is being overwhelmed by hundreds of
thousands of refugees from Syria. We say: Oh, thank you for doing that.
Here we are talking about a tiny percentage compared to the size of our
country. We say we want other countries to do this--but, gosh, the
wealthiest, most powerful nation in the world can't. That's not who we
are as Americans.
That is why it is unconscionable that the House on the one hand
recognizes these Central American countries are among the most
dangerous in the world, where gangs and other violent crime is taking a
horrific toll on children and families. They will give speeches on
that, but on the other hand they will say: However, that is their
problem. Send these children back. Eight-year-old, you can fend for
yourself against the gangs with machine guns. Go back, and do it as
quickly as possible because we have to go on recess. We don't want to
be bothered about you.
That is why it is also unacceptable that the House would pay for
their misguided approach in part by cutting nearly $200 million from
other programs in the foreign aid budget, the very funding needed to
help reduce poverty, corruption, and violence in Central America so
children won't flee in the first place.
Critics of the administration want to point fingers, but blame games
aren't going to solve this problem. There is no single cause. It didn't
occur overnight. It has been building for years as drug cartels,
responding to the insatiable demand for illegal drugs in the United
States, have migrated to Guatemala and Honduras and El Salvador.
It is caused by members of Central American gangs, arrested and
imprisoned in the United States and then deported, who have resumed
their threats and extortion and killing sprees with a vengeance.
It is caused by abusive and corrupt police forces and judges and the
failure of the Central American governments to address the lawlessness
and impunity in their own countries.
It is caused by the lack of educational and employment opportunities
that are among the reasons Central American youth join the gangs.
So let's not play politics over something as complex and deadly as
this. Let's vote for the Senate supplemental. It includes the funding
needed to begin addressing some of the contributing causes of the
migration and leaves intact the important legal protections in the
Trafficking Victims Protections Act.
The $300 million in the State and foreign operations chapter of this
bill requires a multiyear strategy to support the efforts of Central
American governments to dismantle their criminal gangs and combat
extortion, human smuggling and trafficking and domestic and sexual
abuse, strengthen their social services, law enforcement, and

[[Page 13797]]

judicial systems, develop child welfare services, and expand programs
in education and get rid of the barriers to economic growth and
opportunity.
It also provides funds for public information campaigns to discourage
potential migrants from making the perilous journey in the first place,
and it includes provisions that will ensure vigorous oversight of the
aid we provide.
The emergency spending in this supplemental is needed to respond
urgently and responsibly to this crisis. It is about what we stand for
as Americans. Let's uphold our Nation's longstanding tradition of
providing a safe haven for refugees that is engraved in the Statue of
Liberty, for the well-being of thousands who have fled violence and
risked everything to arrive at our borders, and for the millions in
Central America who live every day in fear. Let's give them some hope
for a better life. Let's pass this bill.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, I thank Senator Leahy for his
extraordinary leadership on this issue. He serves on the Appropriations
Committee that has brought us this supplemental appropriation. He is
also the chair of the Judiciary Committee.
I had the great privilege for a short period of time to serve on the
Judiciary Committee--too short a period of time--and saw his
extraordinary leadership. I know it was his committee that brought
together an immigration reform bill that would have dealt with some of
the major problems we have in our immigration system. Through great
work we got that bill passed in the Senate over 1 year ago.
I find it somewhat ironic that in the House they are now talking
about how they can change the immigration law while we have a bill that
is over there. Pass our bill and it would go a long way toward helping
this issue.
I thank Senator Leahy for his leadership on immigration issues and
his passion on the humanitarian issues we have before us.
I join Senator Leahy, and I hope the majority of this membership
will, in support of the emergency supplemental. I hope we can pass it
today, and I hope our colleagues in the House will also pass it.
I thank Senator Mikulski, my colleague from Maryland, for her
leadership as chair of the Appropriations Committee and bringing
forward a supplemental appropriation that deals with the humanitarian
crisis on our border.
We all know about the unaccompanied children on our border. In fiscal
year 2014 it will equal 60,000. That is an extraordinary number. But
let me make it clear. It is not because of border security issues that
we have this problem. When these children approach our border they say:
We are here. They are not trying to sneak into the United States. They
are trying to get to our country and then they turn themselves in. We
know most are coming from Honduras, El Salvador, and Guatemala, and we
know the circumstances in those three Central American countries.
First and foremost, the information they have about the transit and
welcome in America is different than reality. The reality is that if
children are transited to our border, they are very likely to be at
great risk, great risk because of the traffickers who could very well
abuse them--certainly very costly transit--and give them information
that is not accurate about the laws of our country.
If they make it to our border, what happens is they are put in
deportation. There is no right to enter America. We have to evaluate
their circumstance. Those are our immigration laws.
First and foremost, we want to make sure the people of Honduras and
El Salvador and Guatemala understand the risk factors and that their
children should remain in their country.
But the root cause, as Senator Leahy pointed out, is also the current
circumstances in these three Central American countries. It is not
safe. Too many young people have the choice to either join a gang of
violence or themselves be victimized by violence. The economic
circumstances in these three countries give little hope for an economic
future for these children. It is in our interests to partner with all
three of these countries to deal with the root causes of why parents
would put their children in transit to our borders at great risk or why
families would try to come to America and leave their native country.
So it is in our interests to deal with that, and the supplemental
appropriations bill that is now on the floor provides $300 million of
help that we can use to deal with root causes in the Central American
countries. We can make a difference.
I will give the dollars for one second. Three hundred million dollars
might seem like a lot of money, but it is not the billions we need to
take care of the problems on our border as a result of families sending
their children to our border.
We can make a difference. Our development assistance programs work.
They work. It is part of our national security. We understand that if
we have stable countries, it provides a more stable relationship and
strategic partnership with us and other countries, helping our national
security interests, and we can make a difference.
Let me remind my colleagues that under President George W. Bush, in a
bipartisan manner in 2003, we passed the PEPFAR law which dealt with
HIV/AIDS because we recognized the security of the world was being
jeopardized by the spread of HIV/AIDS. And guess what. Our PEPFAR
initiative made a huge consequential difference. Today the landscape is
totally different than it was just a decade ago. That is because we,
the United States, showed leadership.
We can show the same kind of leadership in dealing with the root
problems in Central America that can make our hemisphere safer--and, by
the way, help children and help children of the future who could help
their country and help the global economy. We have programs in these
countries. We have the Partnership for Growth as one example in El
Salvador.
But we have to make it consequential. We have to make it
consequential to get rid of these gangs, to give economic hope, to deal
with good governance. The first step is in this supplemental
appropriation that provides $300 million of help to these countries.
These children at the border require a humanitarian response from the
United States.
I have the honor of chairing the U.S. Helsinki Commission. It is
known for many things. It is known for standing up for human rights
globally.
We have talked about America asking the international community to
have open borders when there is instability in their community--most
recently the problems in Syria. We thank the people of Turkey and the
people of Jordan for having open borders so people can find safe
havens. We had better take care of our issues at home first.
We have humanitarian responsibilities, and this supplemental
appropriation takes care of that, with $1.2 billion to help human
services to deal with adequate shelter for these children so they are
properly cared for. That is our responsibility; they have certain
rights.
The majority will be returned to the host country in a safe manner,
but there are many who are entitled to asylum. There are many who have
been victimized by the traffickers and are in fear of their life and
there is no safe option and have a right to expect our country to reach
out in a humanitarian way to take care of their needs.
This supplemental takes care of that--with moneys for HHS, moneys for
the Department of Justice--$124 million to deal with the judges so we
can handle these issues in a prompt manner--to deal with adequate legal
representation.
As I mentioned at the beginning of my comments, yes, we have to
improve our immigration laws. We have already done it. The bill from
the Senate is at the House. All they have to do is take up our bill,
pass it, and in a balanced way, representing I think not only the
philosophical views of the Congress--which can be a challenge at
times--but

[[Page 13798]]

representing the views of most Americans.
I hope we will support the supplemental bill. I might also add it
provides $615 million for wildfires in the West. We know that is an
emergency, an urgent situation that needs to be dealt with. It provides
help to our ally and friend Israel, $225 million to replenish the
missiles that have been used in Iron Dome to shoot down the missiles
coming into Israel. It is a well-balanced supplemental. It represents
the best interests of this country, and I urge my colleagues to support
it.
Mr. CARDIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, I know the Senate is now considering
whether we should vote on the motion to proceed to the emergency
supplemental bill. That means under our rules of another century we
actually don't get to the bill. We have a debate or even have a
filibuster on whether we should even move to the bill. It was designed
to cool the passions of the time so the Senate could be the greatest
deliberative body in the world. However, these procedures now have been
distorted. We are no longer the greatest deliberative body in the
world; we are the greatest delaying body in the world. Delay has become
not only a tactic to come up with better ideas, delay has become an
outcome unto itself.
We are facing a serious problem in our country, and I hope we would
vote on the motion to proceed so we could actually get on the
legislation for the urgent supplemental funding to deal with three
crises facing our country, one of which is wildfires burning in the
West, in which property, communities, and livelihoods are being
destroyed and first responders are being exhausted. While they are
being exhausted, local and State funds are being exhausted, along with
the Forest Service of our own government.
We need to stand with our neighbors in these Western States because
this is a calamity. The Presiding Officer was the mayor of a great city
in New Jersey--Newark. He knows what happens when a hurricane hits the
city and hits a State. He could tell me and I know he has spoken
frequently about how New Jersey is still trying to recover from Sandy.
Well, the fires raging in the Western States are their hurricane. It
is their tornado. It is their Sandy. I hope we would pass the $615
million to help our own fellow citizens in the 8 Western States.
Then we have a treasured ally that is under attack by a terrorist
organization and needs to defend itself using technology called the
Iron Dome. They defend themselves by shooting interceptor rockets. It
is not an offensive rocket, shoot to kill, it is shoot to defend. They
are using up these rockets at an unprecedented rate, and the Secretary
of Defense sent a letter to the Congress asking for $225 million to be
able to replenish their arsenal.
We also have a crisis in Central America and the violence by the
narcotraffickers--or the narcoterrorists--that is causing a surge of
children to come into our country. I hope we will pass the legislation
which will allow us to get the money that is needed to address that
situation, and I will elaborate on that in a moment.
After all is said and done, I hope this will not be another day where
more gets said than gets done. We need to respond to the needs that are
presented to us.
I wish to talk about the children at this time. Much has been said on
the floor about the current situation, and much has been said about
President Obama's failed immigration policy; we need to give the
National Guard police powers.
I am proud many Senators went down to the border. I myself went to
the border. I went to see the situation, as chair of the Appropriations
Committee. No. 1, I wanted to see if there was an urgent need; No. 2,
what would it take to meet that need; and No. 3, how we can work
together on a bipartisan basis to protect the children and protect our
own country. Well, I got an eyeful, and I have to tell you about it.
I traveled with the Secretary of Homeland Security and the Secretary
of HHS, Secretary Burwell, down to the border. We went to the McAllen
Border Patrol station. We also went to Lackland Air Force Base, where
children are temporarily housed. I had the opportunity to meet with
great Border Patrol agents, a wonderful faith-based organization that
is caring for the children, and fantastic young lawyers from the
University of Texas at Austin campus and St. Mary's Law School. The law
students and professors are there to make sure the kids have legal
services on a pro bono basis. They are doing it on their own time. We
saw a lot. I also had a chance to talk to the children.
First, I will talk about the number of children. There was talk on
the floor that made it sound as if we were under siege rather than
facing a surge. I think there is a big difference between feeling as if
we are under siege and facing a surge. As of this minute, we are
talking about 60,000 children. That is a lot of children, but if you
went to Baltimore to the Ravens stadium, the Ravens stadium holds
60,000 people. We are not talking 600,000 or 6 million children; we are
talking about 60,000 children. Maybe it will swell to 90,000 children.
All 90,000 children could still fit in the new Dallas stadium.
We are talking about a number so small that it could fit into an
American stadium.
We are a country with 300 million people. We can certainly deal with
60,000 children who are fleeing traffickers, drugs, and sexual slavery.
Are we not big enough, tough enough, and strong enough to be able to
deal with that? I think we are. If you could see what has been going
on, you would know what I mean.
Let's talk about these 60,000 children. It is literally a children's
March across Guatemala, Honduras, and El Salvador, through Mexico, and
coming up the Rio Grande. They are not coming across all 1,900 miles of
the border. They are going to a specific area, and they are crossing
the river on rafts, swimming, and doing whatever they can to get to the
border.
It starts like this: The children either come on their own or they
come because a smuggler or coyote brings them here. That means some
mother, father, or aunt in the United States of America, making minimum
wage, is scraping together the $3,000 to $5,000 the smuggler is
charging to deliver--kind of like a FedEx or UPS for human beings--
these children to the Rio Grande border. The violence is so bad that
they are willing to trust a crook to bring the children to this
country.
These children trek through a jungle, through filth and dirt and
danger. They stop at what they call safe houses. That is an oxymoron;
there is nothing safe about a safe house. There are children with all
kinds of different people on that road. These people take advantage of
the children. I won't describe it.
From this safe house, they finally make it to the border by a train
called The Beast. The Beast is a cargo train. This is not a lovely
train that goes up and down our coast from Boston to Savannah. This is
a train called The Beast. The children ride on the top of these trains,
holding and clutching to each other. I talked to a 9-year-old girl who
said that she rode for 2 days and had to stay awake for 48 hours
because she was worried about falling off and losing an arm or leg or
death itself.
Why would children risk this? Why would parents risk this? It is
because of the danger, danger, danger in Central America. We are
talking about arming the border more. We need to go after these
criminals and arm our law enforcement officers so they can fight the
narcotraffickers in Central America. We need to deal with our
insatiable appetite for drugs that fuels and is driving this movement.

[[Page 13799]]

When they send the children back, what are they going to send them
back to? We are sending them back to countries that are recruiting boys
to engage in criminal activity, and girls are recruited into human
trafficking. It is not as though we are going to send them back on a
plane and Juan Diaz will be there with yellow roses saying: Welcome
back, children of Honduras and El Salvador. They will go back to the
very danger from which they ran.
When I went to the McAllen Border Patrol station, which is really a
detention facility--it was designed to detain adults--underline that
word. It was designed to hold up to 300 people, usually illegal
immigrants trying to cross the Rio Grande. These really look like
cells. They are cement cinder block facilities that were designed to
hold 10 or 12 adults, and they hold as many as 20 or 30 children who
are sleeping on the floor.
The Border Patrol is doing the best they can. The Border Patrol is
taking care of children because we can't move them to humanitarian
facilities as the law requires. The children are taking turns sitting
on a cement block to even be able to rest. There are 20 or 30 in a room
sleeping on the floor and using empty water bottles for pillows. They
have blankets that look like aluminum foil. These are the lucky ones.
They are able to come in from the overfilled outdoor area, where the
boys are often put in a covered area where they sleep outside. The
girls can be ``inside,'' but they are in these holding cells. They have
very limited showers and very limited hygiene.
The Border Patrol is doing everything they can. It is not something
we are used to seeing in the United States.
I know there is another codel going to the border. Go, go, go, go. Go
and see this.
I talked to a 12-year-old girl. She was in charge of bringing her 6-
year-old sister to the border. Their parents sent them here to escape
the gang violence. The mother told the older girl to watch out for her
younger sister. They said to her: Don't let her out of your sight until
you get to America, and then try to get to your aunt.
I talked to a 15-year-old girl from Honduras. Both of her parents had
been killed by gang violence. She worked in a restaurant to save enough
money to pay the coyote. It took her 2 months to get to the United
States. She escaped violence along the route to get here.
Are you going to send her back? Are you going to send the 6-year-old
back? Wow.
I then had the opportunity to see what the conditions were like for
these children. If you talk to the border law enforcement agents, they
want to be law enforcement guys. Gee, are they terrific. They know the
surge at the border has been caused by the criminal activity here. They
talked openly about it. There are seven organized crime syndicates that
are sparking a lot of this. They know about the false recruitment of
young people who are promised a new way and new day to get to the
United States of America. They know about that, and they want to be
able to do what they were hired to do--law enforcement. But in order
for them to be able to do what they need to do, we have to have the
facilities for the children to be housed, clothed, and fed while their
legal status is being determined under the law.
I went up to Lackland Air Force Base. The children are being cared
for in unused dormitories that once housed our Air Force. We have new
facilities for our enlisted personnel. Did you know we pay for that?
The Department of Health and Human Services has to pay the Department
of Defense to house those children. It is on a military base with all
the rules and regulations associated with that. It is the most
expensive housing we have, but it is the best housing we have right now
because of this rejectionist fear that is being promulgated through our
country that somehow or other these children pose a danger to us. It is
the best we can do.
I will say that it is a very nice facility. It is operated by a
faith-based organization, the Baptist Conference. My hat is off to
them. I speak now as a professionally trained social worker. It is one
of the most outstanding child welfare service organizations I have
seen, from the nurses to the social workers.
They are doing a fabulous job, but they are under a contract.
Although they are a voluntary, faith-based organization, they are being
compensated for their time and services because that is what we should
do. We want to be able to use such groups all over America. What was so
heartwarming to me was that Catholic Charities, based in Oklahoma, came
to Texas to see what the Baptists were doing because they were getting
ready to take care of the kids. That is the American way--Catholic
Charities learning from the Baptists.
They were all concentrating on the welfare of the children. They know
these are all children in God's eyes and should be treated with
dignity.
I then talked to the legal services people--the lawyers, law
professors, law students from the University of Texas at Austin and St.
Mary's College. The services they were providing were on their own time
and their own dime. They are using their money and their summer
vacation to help these children. There was no compensation, even for
expenses, so they could begin the interview process to determine if any
of these children had the opportunity to voluntarily return home. It is
clear the coyotes misled them.
Well, we can't keep doing this on this emergency patchwork basis. We
need the urgent supplemental, No. 1, to help Homeland Security's law
enforcement and help Health and Human Services. They need to crack this
backlog, and they need to be able to place these children in a proper
facility. They need to determine if they have a right to refugee
status.
Even when you have volunteer legal services such as the outstanding
work I saw in Texas--outstanding. I know the Presiding Officer is a
lawyer and would have been proud of these volunteers and the way they
were responding to these children. They also offered bilingual
services. They need more help, for example, from paralegals.
They need help to pay for the backlog of cases. We need to make sure
we have enough immigration judges.
There is so much myth, so much misinformation, and so much distortion
out there that I am afraid we will end this day and still not have had
a vote to proceed to the urgent supplemental. Debate it, discuss it,
and then let's vote on it or else it will languish.
As a social worker, I want to say that what I have seen these
children go through is unimaginable. They have come here to escape
violence and death. They deserve to be treated with compassion and
integrity, and they deserve for us to do our job. Anyone who thinks we
should just deport these children without giving them every right
afforded them under our law should go down to McClellan and look into
their eyes and listen to their stories.
The time to act is now. Let's put together a comprehensive program,
and I believe we can meet this surge, deal with the root cause, and be
able to function in a way in which we are all proud.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.

Internet Tax Freedom Act

Mr. WYDEN. Mr. President, the Internet has been possibly the most
significant force driving our economy over the past 16 years. It is
clearly this century's shipping lane and history's most powerful
communications tool. Part of the reason the Internet has revolutionized
American life is that it has been protected from discriminatory
taxation, thanks to the Internet Tax Freedom Act, first enacted 16
years ago.
This law, as we might expect, is extraordinarily popular among the
American people, and it has obviously been of enormous importance to
the millions of families and businesses that use the Internet each day.
However, in a few short months the Internet Tax Freedom Act is set to
expire. If it does, millions of American Internet users could face
multiple and discriminatory taxes from thousands of state and local tax
collectors around the country. That cannot be allowed to happen.
Congress needs to come together on a bipartisan basis and say

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clearly: Don't hit the Internet with discriminatory taxation.
Sixteen years ago I was the author of the Internet Tax Freedom Act,
along with our former Republican colleague, Congressman Chris Cox.
Along with our colleague from South Dakota, Senator Thune, and 52
bipartisan cosponsors, I am the author of the pending bill that would
make that protection permanent. I believe if we were able to hold a
vote on our bill today, it would pass with overwhelming support.
Unfortunately, that is not a political reality. Yet the clock keeps
ticking toward expiration.
Protecting the Internet and every Internet user in our country ought
to be a matter that takes precedence over politics and partisanship.
The Senate can move this short-term extension today while the Senate
works on a bipartisan basis to deal with the issues raised by those who
believe that allowing localities to collect taxes across the country is
more important than a ban on discriminatory taxation.
I hope the Senate will join me in supporting the temporary extension
of the Internet Tax Freedom Act as a bridge to permanent legislation.
To reflect very briefly for a minute, we thought this law would work
well 16 years ago. To describe what triggered my interest, 16 years
ago, when I was a young Member of this body and I had a full head of
hair and rugged good looks, we would hear for example about how if
someone bought the newspaper--the online edition of the paper--they
would face a stiff tax in some jurisdictions, but if they bought the
snail mail edition they wouldn't face the tax. Democrats and
Republicans coming together said that is discriminatory. That is
discriminating against technology, against the future, against the
promise of the Internet.
We thought this proposal would work well. It is quite clear. We just
have to make sure what we do online is not more burdensome and an
endeavor that involves more taxes than what we do offline. That is what
the bill has been all about. So we thought it would be promising, but
it has far exceeded our expectations in terms of what it has done to
promote innovation and for small businesses and others who don't have
political action committees and don't have big lobbies advocating for
them. Ensuring they are not hammered by multiple and discriminatory
taxes by thousands of localities has been a lifeline in terms of their
being successful.
I could take more time this morning. We have colleagues and of course
many matters still to deal with before we leave. I hope that given this
history, which has been a bipartisan history--I so enjoyed working with
our former colleague Chris Cox on this legislation 16 years ago. My
take is that the overwhelming number of Senators would like to
permanently reauthorize this ban on multiple and discriminatory taxes
on the Internet today, and that is what Senator Thune and I have sought
to do in our legislation, which has more than half of the Senate
cosponsoring it. That is not possible today. But what is possible is
that we act now so we don't bump up against that deadline that if
reached our small businesses are subject--we have more than 5,000
taxing jurisdictions, and if even a small number of them were to
inflict discriminatory taxes on Internet commerce, that would be a big
blow in a fragile economy.
So for purposes of the temporary extension of the Internet Tax
Freedom Act as a bridge to permanent legislation, let us say loudly and
clearly that we as a body--we as the U.S. Senate--are not going to
hammer the Internet with multiple and discriminatory taxes.
I yield the floor. I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BOOKER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Baldwin). Without objection, it is so
ordered.

Veterans Health Care

Mr. BOOKER. Madam President, I rise today to urge support for a
successful veterans health care program that will be extended if we
pass this bipartisan package of Veterans Affairs reforms.
My colleague across the aisle Senator Heller and I have joined to
introduce legislation to extend the Assisted Living Program for
Veterans with Traumatic Brain Injury, or AL-TBI, and give it the kind
of support veterans with these severe brain injuries deserve.
I am grateful for the leadership of Senator Heller and his
partnership on this very important critical issue. I am proud to work
with him, and I am hopeful all of our colleagues will join to pass the
bipartisan package of VA reforms which now includes our legislation.
I thank Senator Sanders, Ranking Member Burr, along with Senators
McCain, Pryor, Murkowski, Landrieu, Johanns, and Baldwin for joining
with us in this important effort.
This program places veterans suffering from moderate to severe
traumatic brain injury, or TBI, in privately run facilities where they
receive 24-hour team-based attention.
These are our veterans who stood for us, who answered the call to
service, who went into harm's way, and have suffered traumatic brain
injury, who now need to get the kind of care and attention they
deserve.
They are immersed in this therapy that helps them with their
movement, their memory, their speech, their gradual community
integration. That last point is actually the key. This program does not
just prepare veterans for transition from one health care setting to
another health care setting; it is about giving them the practical
skills they need to return to their communities and live independently.
That is what is so special about this program.
This is the kind of innovative work that Senator Heller stands for in
his community and I in New Jersey and that all of our veterans across
the country should have. Congress should support this kind of work more
often.
This past week I had the opportunity to visit a facility in
Plainsboro, NJ--one of several facilities using this program. While I
was there, I spoke with an incredible veteran named Gary.
Gary first enlisted in the military and completed his tour in the
Navy after graduating from high school. Then 9/11 happened, and Gary
stood up, reenlisted, this time with the National Guard, and served in
Iraq.
During his time there he suffered a traumatic brain injury. Upon
return home, Gary was confined to a wheelchair and the doctors told him
he would never ever walk again. But then he began treatments through
this program that Senator Heller, myself, and others are trying to
extend.
Now, because of this program, Gary can walk again. He, himself, and
his family called it a miracle. He is now using a cane. When he is
indoors he can walk without assistance.
Gary's sister told me that before receiving this unique care through
the program, Gary was very negative, often depressed, often angry. But
now that he has made progress, Gary's whole attitude has changed. He is
more than upbeat. He is social and enjoys cooking. In fact, he offered
to cook me a meal, which, I say to Senator Heller, as a bachelor, I
take all the meals I can get.
Another veteran named Duane sustained a traumatic brain injury in
2003 while serving our country in the Navy. Unable to live
independently or get around without the aid of a wheelchair, this
gentleman, this honorable veteran, who was not even 25 years old, found
himself living in a nursing home alongside a population many decades
his senior.
In 2011, through this program in our legislation, his life was
changed. He moved into a specialized facility in New Jersey, where he
still lives today and receives a range of treatments, including
physical, occupational, speech therapies, as well as psychological
counseling and residential assistance.
He is making incredible progress. I saw it with my own eyes, heard it
from his family and his care workers. He has

[[Page 13801]]

actually also traded his wheelchair for a cane and manages a regime of
his own chores, adding more dignity to his already exemplary life of
courage. He has an active social life. He has friends and comrades, and
he believes he has a country that has been there for him when he is in
need.
These are the heroes who stepped up to serve our country when we
needed them most, and now it is our responsibility to serve them with
the extension of this incredible program.
This program means independence for these veterans with severe brain
injuries. We cannot cut their or any other veterans' care short. This
is a cost of war. We should not just be there to spend resources when
we are sending them off; we should be there with open arms and support
when we are welcoming them home.
The VA now offers no alternative program to the one I have
described--no alternative program--that provides the same kind of
comprehensive, rehabilitative, long-term care in a residential setting.
These brave men and women who are benefiting from this specialized care
were willing to put their lives on the line for our country. It should
not be an option; it should be our obligation to take care of them when
they return home.
I strongly urge my colleagues in the Senate to do their duty, to pass
this reform package, and extend this life-changing program.
I want to again thank Senator Heller.
If I may yield to him, he has been a stalwart partner, a leader on
this issue. I have been encouraged by this opportunity to work together
with him. I am only disappointed that he would not shave his head, as I
have. That would have shown true bipartisan camaraderie. But despite
that, I look forward to his continued leadership on issues for our
veterans, and now I look forward to his remarks.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. HELLER. Madam President, let me begin, if I may, by thanking my
friend and colleague, Senator Booker, for partnering with me on this
critical piece of legislation that helps our Nation's veterans,
especially those suffering from traumatic brain injuries. I would urge
him to participate in that meal from that veteran. I assure the Senator
that in this city where the food is so rich, he will probably find the
meal much healthier--much healthier. I know that is important to the
Senator. Having said that, I know that Senator Booker and I have always
viewed veterans issues to be truly a bipartisan issue. I am pleased we
were able to work together and we were able to accomplish this work as
partners.
I would also like to applaud my other colleagues, Senators Sanders,
McCain, and Burr, for their work on the conference report, and also
House Veterans' Affairs Committee Chairman Miller and the rest of the
conference members for reaching an agreement to ensure that Congress
keeps its promise to our Nation's veterans.
The conference committee's bill is a good start to address problems
with appointment wait times, VA scheduling practices, accountability,
and overall quality of care provided at VA's medical facilities.
As my colleague Senator Booker discussed, there is a very critical
provision in the conference report legislation that he and I took a
lead on addressing; and that is the extension of the Assisted Living
Program for Veterans with Traumatic Brain Injury. I applaud my friend.
I applaud my colleague for the ability and the opportunity to work
together. So I thank him for that.
As a member of the Senate Veterans Affairs' Committee, I was eager to
resolve this issue because of its impact on Nevada's and our Nation's
veterans, and together we were proud partners.
This program operates in two locations in Nevada and serves wounded
warriors who are trying to restore their quality of life.
As the battlefield has changed over the years, so have the injuries
that servicemembers and veterans sustain, including traumatic brain
injuries. TBI is a complicated injury to treat because the effects can
be both mental and physical--from headaches, dizziness, and irritation,
all the way to speech difficulties, visual impairment, loss of memory,
and severe depression.
Every traumatic brain injury is different, which is why some veterans
need more advanced care to rehabilitate and regain their full
independence.
That is why Congress created the assisted living TBI pilot program in
2008. Under that program, veterans can access a full range of
rehabilitation services in a residential setting, including physical
therapy, speech therapy, occupational therapy, and other activities to
prepare veterans to return home and live a productive life.
When I found out the program would be expiring and the VA was
prepared to start kicking veterans out, I teamed up with Senator Booker
to introduce legislation to extend authorization of this program for
another 3 years.
At a time when the VA is facing a health care crisis and access to
timely care, it would have been unacceptable to let this critical
program expire, leaving veterans in Nevada without a comparable
alternative to treating this serious injury.
I wish to thank the conference committee for listening to us when we
expressed the urgency of extending this program so veterans could
continue receiving residential rehabilitation. I am also pleased the
conference committee provided a 3-year extension so veterans can have
the certainty that this program will remain in place for the next few
years.
I also wish to thank Representative Cassidy from Louisiana for his
work in pushing this issue in the House of Representatives, as well as
the veterans service organizations that fought alongside of us for this
extension. It is our responsibility in Congress to ensure veterans
across this Nation receive timely and quality care from the Veterans'
Administration. Senator Booker and I share this commitment.
I am pleased we were able to work together to get our legislation
into the final compromise. As the Senate prepares to vote on final
passage of this critical VA reform bill, I hope my colleagues recognize
the importance of this compromise bill at a time when veterans are
losing faith in the VA system and need certainty that Congress will be
there to provide oversight, accountability, and legislative action to
approve the care they receive from the Nation they sacrificed for and
served.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REED. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Unemployment Insurance Benefits

Mr. REED. Madam President, I come to the floor today to once again
press for action on my bipartisan legislation to restore emergency
unemployment benefits. Over 3.5 million Americans have lost benefits
since the program expired last December. The need to help these
individuals, their families, and the economy remains compelling to all
of us.
In April, Senator Heller and I were able to draft a bipartisan bill,
and with the help of many of our colleagues, the Senate acted to
restore these benefits. Unfortunately, the House Republican leadership
has refused to take up the Senate-passed bill or consider their own
proposal. While the President has occasionally talked a good game about
the need to extend this aid to job seekers, it has never been made a
``must have'' by the administration. Indeed, it is hard to understand
why an extension of these benefits was not included in the President's
supplemental appropriations request.
So as we consider this supplemental appropriations bill this week,
which includes critically important emergency funding measures, it is
somewhat disheartening that extending unemployment insurance, another
emergency need, has once again been ignored.
In the past 6 months, the national unemployment rate has dropped from
6.7 to 6.1 percent. The long-term unemployment rate has dropped just
below 2

[[Page 13802]]

percent. It is great to see these positive strides in our economy. But
I strongly disagree with those who would argue that these signs of
improvement suggest that emergency benefits are no longer needed. Let
me underscore a few reasons why emergency unemployment benefits are
still necessary.
First, while the long-term unemployment rate has dropped from 2.3
percent in January to just under 2 percent in June, the current level
is still significantly higher than at any other point when emergency
benefits were allowed to expire. In June 2008, under President George
W. Bush, when the long-term unemployment rate was just 1 percent, a
supermajority of Members in both Chambers voted to create emergency
unemployment insurance benefits for the long-term unemployed. That was
at 1 percent.
Now we are about twice that. Today our long-term unemployment rate of
about 2 percent means over 3 million Americans are out of work through
no fault of their own, and have been searching for work for more than 6
months. These individuals are struggling. With each passing month,
their financial situation becomes increasingly dire. They should not be
held to a different standard than those who were searching for work in
2008.
Second, the long-term unemployed are still struggling mightily to
find work. According to a recent report by economists at the Federal
Reserve, when you look at the likelihood that someone will find a job
in a given month, the rate for the long-term unemployed is roughly the
same as it was at the height of the great recession several years ago.
In fact, someone who is long-term unemployed is almost twice as likely
to stop looking for work altogether and fall out of the labor force as
they are to get a job.
These difficulties in finding work are persistent across educational
levels and age groups, although they are much more pronounced among the
African-American and Latino communities. So we are seeing people who
are trying very hard to find work but they are facing the same
obstacles they were facing at the height of the great recession.
Again, I think this underscores the need to help these people. Some
have argued that the improvement in the labor market is driven by
Congress's failure to extend emergency benefits. According to this
argument, taking away unemployment insurance benefits pushes people to
step up their job search. I find this argument very difficult to accept
when you face people back in my home State of Rhode Island who have
been looking desperately, in a situation where there are usually three,
four, five, six applicants, in some cases, for every job. They are
looking and looking and looking. In Rhode Island, our unemployment rate
is tied for the highest in the Nation. It is not the position we want
to be in.
To suggest that these people are not desperately searching for work
really sort of, I think, demeans them unnecessarily. We all know,
because we go home. There are people who have been looking. They are
skilled. They are talented. They have worked for 20 years. They want to
work. Getting the $300 a week, perhaps, in benefits is nothing like the
salary they commanded. It will not, in the long term, pay for their
mortgage, pay for their children's education, pay for the necessities
of life. They know that. They are in a desperate situation. This
assistance helps a little bit.
Not only the contact we have with our constituents but recent
research also demonstrates that this argument is flawed, that ``just
cut off the benefits and everybody goes right back to work.''
We can use North Carolina to test the impact of cutting benefits,
because that State took steps in July 2013 to terminate unemployment
benefits for anyone who has been out of work for 20 weeks or more. If
opponents of extending unemployment insurance are correct, North
Carolina's policy change should have led to significantly sharp
declines in its unemployment rate.
A recent article in the New York Times by Justin Wolfers, an
economist with the University of Michigan and the Brookings
Institution, explores evidence from North Carolina to assess this
claim. According to his research, when North Carolina is compared with
other Southern States that did not cut their programs, North Carolina's
economic growth ``looks quite similar to its peers, and certainly not
better.'' The levels of job growth in North Carolina are similar to
neighboring States such as South Carolina that did not change their
programs. Dr. Wolfers concludes that, ``There's simply no evidence . .
. that cutting benefits cuts unemployment.''
Others have argued that cutting UI at the State level will save money
and help the economy of the States. In response, eight States decreased
the number of weeks an individual could receive State-level
unemployment insurance benefits. However, a recent report from the
Economic Policy Institute suggests these States did not save
significant amounts of money or boost employment. This is further
evidence that cutting UI benefits is simply not a good idea.
The refusal by House Republicans to renew unemployment insurance
benefits does not just hurt individuals and families for each week they
do not get this modest support. The effects are more far reaching, with
research suggesting that the long-term unemployed will be hurt for
decades to come.
According to research by a senior economist at the Federal Reserve
Bank of Boston, ``workers unemployed for more than 26 weeks experience
a much larger negative income effect and have lower earnings even after
10 or 15 years than those workers that experienced shorter-duration
unemployment spells.''
Many are forced to rack up debt on their credit cards just to meet
basic level needs.
A recent Gallup poll also shows that nearly 20 percent of individuals
who were unemployed for 12 months have been treated for depression.
This is a serious blow not just to your economic well-being but to your
identity, to your sense of worth, to your sense of being able to help
your family and provide for your family. These effects are long term
and very serious.
This rate of depression is twice as high as for those who have been
unemployed for just a few weeks. So there is, apparently, a
correlation.
The impact is far-reaching for individuals, their families, and the
economy as a whole. It undercuts, again, the notion that there is no
cost or that there is some benefit to cutting these benefits. There is
a long-term cost.
One of the aspects too, is in order to qualify for these benefits,
you have to be actively searching for work. Without these benefits, the
incentive to look for work is, in some respects, diminished. Indeed,
other phenomena take place: the lack of resources, the increasing
desperation and depression.
Again, it is encouraging to see that there are signs of economic
improvement. It is encouraging to see that some of the long-term
unemployed have found jobs. We dipped below that 2-percent level.
But that does not mean we should turn our backs on those who are
still looking. That does not mean we should treat them differently than
we did people in 2008 in the same position in a difficult economy
looking for work. Those of us who continue to fight for the long-term
employed--I must also say that Senator Heller in this effort has been a
stalwart. We have heard lots of excuses and a lot of discussion, in my
view, of flawed arguments about how we should abandon the program, and,
more pointedly, abandon these people. I don't think we should.
What is certain in terms of analysis is the nonpartisan Congressional
Budget Office estimates that our failing to renew this program last
December will cost over the course of this year 200,000 jobs. And this
emergency aid helps families make ends meet until they find work.
One of the great ironies here is that in refusing to extend these
benefits, we basically shut down 200,000 jobs in this country. It is
almost absurd. It is a catch-22: We are shutting the doors on the
unemployed so we can get them to work, but yet the analysts will tell
us that if we had extended benefits, we would have gained 200,000 jobs.

[[Page 13803]]

Why? Because these payments go right back into the economy. Someone
who is unemployed is going to take that modest check, about $300, $350,
and pay the phone bill so they can call about work, they are going to
get the car repaired so they can get to the job interview, and they are
going to do the things they have to do to help their children get
through the day. They are not going to save it or buy French
impressionist paintings. They are going to go right into the local
economy and spend the money.
For many reasons this is why I think we have to do it. That is why
Senator Heller and I have filed an amendment to this emergency
appropriations bill, on a bipartisan basis. The amendment will be the
same as we have proposed previously, except for offsets, because for
the second time offsets we have identified to pay for an extension of
benefits have been used for another measure. I guess we must take some
satisfaction that we have developed offsets for restoring emergency
unemployment insurance and then another program grabs them and it gets
passed here. But I would rather have the extension of benefits too.
So we are moving forward. I hope we can. I am committed to fighting
for these American workers so they won't be left behind now and in the
years to come.
Madam President, I encourage my colleagues to join us.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. VITTER. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER (Ms. Hirono). Without objection, it is so
ordered.

Border Security

Mr. VITTER. Madam President, I rise to talk about the crisis at our
southern border and the need for unified action to deal with it and the
need to come together on a commonsense enforcement approach that
undoubtedly will need some additional resources, but also clearly
demand some changes to the current law so we may quickly deal with the
need to quickly deport folks illegally coming over our Mexican border
back to their home country.
In the case of alien children, we need to get them out of the hands
of criminal gangs and reunite them with their families in their home
country. That is an obvious need in the eyes of the American people. I
think a vast majority of Americans realize we need that sort of
approach which starts with much better enforcement of our southern
border, and, yes, if people do get across, they need to quickly deal
with their situation and quickly and effectively deport them. That is
the approach we need. Sadly, that is not what the President has
proposed, and that is not what Harry Reid is even allowing us to vote
on on the Senate floor.
For a couple of weeks, at least, after this crisis hit the first page
of the newspaper, President Obama constantly pointed to those parts of
the law that he said tie his hands in terms of quickly and effectively
deporting some of these individuals. He pointed to the 2008 changes of
the law over and over and over again. The problem is that a couple of
weeks after that--when he actually sent a proposal to Congress to deal
with the crisis--any mention of that was gone. There was no suggestion
of any change in the law in that regard or any other regard. The only
request he made was for $3.7 billion--a huge amount of additional
money. The great majority of that money is to feed, house, and relocate
these illegal aliens, including unaccompanied alien children, within
our own country.
The problem with that is it will encourage this flow of illegal
immigrants into our country and this problem will continue to grow. It
will not discourage it and it will not end it. We need that
comprehensive approach--including necessary changes to the law and
enforcement--to quickly deport these folks to their home countries and
reunite them with their families.
In the absence of the President leading us in that regard, I came up
with my own legislation. I introduced it in the Senate, and I have now
introduced it as a floor amendment to the spending bill which Senator
Reid is bringing to the Senate floor. It would change the aspects of
the law that we need to change in order to streamline the process and
allow us to quickly deport individuals within 72 hours so they can be
safely reunited with their families in their home country. That is the
only thing that will stem this increased tide, this increasing flow,
and this increasing problem.
There has also been a lot of debate about the resources that are
necessary and the increased spending that is clearly necessary. But
before we pass the President's proposal, we need to marry it with these
enforcement measures and these changes to the law. We need to pay for
that enforcement and deportation and not simply pay to feed and house
these illegal aliens within our country. We need to actually relocate
them to other places within our country with no foreseeable end in
sight. We can't do that unless we get the right enforcement measures.
I also have suggestions on how we can help pay for whatever increased
enforcement, border security, and quick deportation we need. I have two
suggestions in particular. I have two specific bills which I introduced
some time ago in the Senate. I introduced each of these bills this week
as amendments to the spending bill that Harry Reid is bringing to the
Senate floor.
One is S. 1176, which is a freestanding bill, but I also introduced
it as a floor amendment. It is called the Remittance Status
Verification Act of 2013. What is this about? This is about remittances
by illegal aliens in this country and how they are sending money back
to families and others in their home country.
The GAO--which is a respected nonpartisan organization--previously
noted that the United States is the largest remittance-sending country
in the world, with the majority of funds being sent to Latin America
and the Caribbean and substantial amounts of money also being sent to
Asia and Africa.
In the past 10 years the total number of international remittances
has increased by 8 percent in 2013, and is expected to grow 10.1
percent in 2014 and 10.7 percent in 2015. It is reaching an
astronomical number. In 2015, it will be over half a trillion dollars.
If folks are working in this country legally, that is fine. We don't
want to hassle them or make any problems for them. But, clearly, a
significant portion of the folks we are talking about are here
illegally and working illegally. That is wrong, and we need the
legislation I am proposing to fix that, with four important goals in
mind.
First of all, we need to see if the folks who are sending these
remittances are here illegally; second, we need to ensure U.S. taxpayer
fairness; third, we need to address inaccurate U.S. data on remittances
and collect all the facts; and, fourth, we need to make sure that
illegal aliens who are receiving U.S. benefits are--we need to see if
they are remitting higher amounts abroad.
My legislation would address all of these goals and would
fundamentally get a handle on the situation and make sure that those
who are not in this country legally pay a substantial fee, and that fee
would be used on border security and other immigration enforcement.
That could grow a significant amount of revenue specifically dedicated
to border and other enforcement.
The second proposal I have is in the form of other freestanding
legislation, which I also introduced this week as a Senate floor
amendment for the supplemental appropriations bill. It is about child
tax credits. This amendment addresses a clear loophole in the IRS code
that allows illegal aliens to access income-tax-based benefits, such as
the child tax credit and the additional child tax credit.
According to the Treasury Department's inspector general--again, this
is not some partisan Republican source, it is the Obama
administration's inspector general for Treasury. They

[[Page 13804]]

issued a report recently that said $4.2 billion--with a B--is sent each
year to folks who are probably here illegally and do not qualify under
these programs. We send them a check, a refundable tax credit, and it
costs the taxpayers $4.2 billion.
As the inspector general has said, there is a pretty simple way to
fix this by requiring a valid Social Security number or other
appropriate identification number. This approach is straightforward, it
is simple, and it will fix the problem. It would cut down the $4.2
billion--with a B--worth of spending that we are sending improperly and
illegally to largely illegal aliens and illegal alien families. We can
use those resources, instead, on enforcement.
Those are simply two specific suggestions that I filed this week in
the form of Senate floor amendments that could help raise the
additional resources we need to address this issue.
Again, I want to emphasize that we need to do a number of things, and
it is not all about throwing money at the situation, particularly when
most of that money under President Obama's proposal is simply to house
and feed these folks who are here illegally and then distribute them
throughout the country for an indefinite period of time. Fundamentally,
we need to marry that with real enforcement measures, including those
addressed and listed in my bill. I hope we take that approach. I hope
Senator Reid allows that debate and allows those votes. Right now he is
lying across the tracks. The only thing he is allowing a vote on is
this spending measure which just gives the President a blank check.
That will not solve the problem. That is not the correct response. We
need to do all of the things, broadly speaking, I have laid out. I hope
we do that and come together--as, in fact, the American people have--
around my commonsense approach with a clear consensus.
I thank the Presiding Officer, relinquish the floor, and suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. NELSON. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Health Care

Mr. NELSON. Madam President, I wish to speak about health insurance.
We notice that nationally and back in our States, the angst over the
Affordable Care Act--often derisively referred to as ObamaCare--has
subsided. In part, that has occurred because more people are being
covered. As a matter of fact, in the first tranche of signups of people
who did not have insurance, over 8 million people--which exceeded the
goal of 7 million--by the time the cutoff came for signing earlier this
year, over 8 million people had signed up. And that was just a narrow
population of those who wanted insurance but could not afford it. Then
they had it available through the State exchanges or the Federal
exchange in the States.
Another part of the population that did not have health care was
people who were actually in a low-income situation; therefore, there
was no chance they could afford it. That is why we expanded Medicaid in
the Affordable Care Act to up to 138 percent of poverty, which is a
very low level of income. I believe, if I remember correctly, for a
family of four, it is somewhere around $32,499 of annual income. Well,
we can imagine that with a family of four, people can't even think
about having the money to provide health insurance with that kind of
limited income, and that brings them up to 138 percent of poverty.
The only part of the Affordable Care Act, since it was declared by
the Supreme Court as constitutional--the only part that was struck down
as unconstitutional was the part of the law that was mandating upon the
States to expand Medicaid, which is funded by a State and Federal joint
program, up to 138 percent. So it made it voluntary. Well, half of the
States have expanded it and about half of the States have refused, such
as my State of Florida. The Republican Governor and the Republican
legislature, not wanting to have anything to do with what they were
condemning as ObamaCare, refused to expand Medicaid in Florida and
thereby refused to give health care to a population, if my colleagues
can believe this, of 1.2 million people in Florida--people who would
have had health care but do not get it because the State legislature
and the Governor refused to raise the level.
By the way, that was taking Floridians' Federal taxpayer dollars of
51 billion over the next several years that were allocated for that
purpose and refusing to accept them for the health care of poor
Floridians, over 1 million people. That seems unconscionable.
This stuff is so complicated. People don't realize that in large part
that is, in fact, what happened over the course of the last two
legislative sessions--that they could have expanded health care in
Florida, and it is Floridians' tax dollars they are giving away instead
of letting that apply to health care for Floridians.
Nationwide, if I recall correctly, it was somewhere around another
6.7 million people were brought on with the expansion of Medicaid even
though States such as Florida were refusing to expand it, and that is
in addition to getting health care to those who could afford it with
subsidies or because of better rates could afford it in the first
place. That was a group of another 8 million.
We can see we are starting to chip away at that group of people in
the country who had no health care because they had no health
insurance. Yet, when they got sick, where did they end up? They ended
up in the emergency room. They couldn't pay. Of course, now it was an
emergency because they had no preventive health care. And since they
couldn't pay, who do my colleagues think pays? All the rest of us pay
in our insurance premiums. It is estimated that in a State such as
Florida, for the average family health insurance policy, people are
paying upwards of $800 to $1,000 of their premiums per year just to
take care of the group who ended up in the emergency room because they
didn't have any health care. That is part of what the Affordable Care
Act was intended to do.
Another part of the Affordable Care Act was to save Medicare from
going into bankruptcy. Back in the early part of the last decade, we
passed a nice-sounding law called the prescription drug bill. As its
name suggests, it was to provide prescription drugs for senior
citizens. Omitted in the explanation of it was that not only were
people paying premium prices that the government had always gotten as a
discount, but now the government was paying a premium price with no
discount for all the drugs under Medicare. But a part of that was
setting up Medicare being delivered by an insurance company with a
fancy name called Medicare Advantage.
Always before, if we were going to deliver Medicare through a health
maintenance organization--an HMO, which is an insurance company--one
would expect it would bring the costs down per person. That is how it
started out--about 95 percent of the per-person cost in Medicare,
regular Medicare fee-for-service. But, no, in the prescription drug
bill, this was turned upside down. Now they were going to offer
Medicare through an HMO, but the reimbursement from Medicare was going
to be 14 percent above Medicare fee-for-service per person, reimbursed
to the insurance company at 114 percent of Medicare fee-for-service. As
a result of that, Medicare was going broke.
That was another reason for the ACA--to stop Medicare from going
broke by winnowing down that 14 percent and giving incentives to the
insurance companies to do what ought to be the goal, which was quality
of care instead of just paying a dollar percentage value per patient.
Thus, we have the re-created Medicare Advantage, and it is being rated
on its quality so that seniors can vote with their feet by going to the
better rated insurance plans in Medicare Advantage.
Why am I retracing all of this? To get to this point: For this next
round of Medicare Advantage, we are just getting to the point of having
the insurance companies announce their rates.

[[Page 13805]]

Some of them are going to go up. Some of them are going to go down.
But I want the people of Florida to know that 2 years ago in their
State legislature they took away the legal power of the insurance
commissioner of Florida to approve the rate hikes. They took that away.
I happen to understand something about this. Before I came to the
Senate, I was the elected insurance commissioner of Florida, and I
jealously guarded the ability to approve rate increases and decreases
in order to protect the insurance consumer. The Florida Legislature
stripped that ability of the insurance commissioner--now appointed, not
elected--in Florida. Therefore, if they see rate hikes for Medicare
Advantage in this next round just about to be announced--they took the
ability of the State regulator to limit the rate hikes. That sounds
unconscionable. It certainly does. Every year insurance companies are
going to try to raise their rates. It is the job of a State regulator
to regulate what happens to those rates. So the Florida Legislature
last year passed senate bill 1842, and one of the things it did is it
stripped the Office of Insurance Regulation of one of its chief
responsibilities--regulating health insurance rates. That is after
Florida had had some of the strongest laws governing insurance, and
that was the case when I was insurance commissioner 15 years ago, where
I could not only approve rates but I could reject rate increases.
Well, we saw this at the time a year ago. I contacted the Governor
and urged him to veto the bill, but, sadly, it is the law of Florida.
Therefore, that is why I come to the floor today, because I am
disappointed in the news reports that are starting to say that these
rate increases in Florida are being blamed on the Affordable Care Act.
They are being blamed on ObamaCare.
Well, the insurance commissioner used to have an opportunity to look
at those rates and say they were not right and to stop those rate
increases or to give a rate increase that was actuarially sound. Not
any more. There were a lot of other things that had been done in our
State of Florida to stop the implementation of the Affordable Care Act.
First of all, our State refused to accept a planning grant in order to
get ready for the Affordable Care Act before it was ever starting to be
implemented.
I have already told you about refusing to expand Medicaid to cover
more than an additional million people in Florida who otherwise would
not get health care.
What was the purpose of the ACA other than trying to save Medicare--
which it has done--financially from disaster? It was to help make
insurance coverage available and affordable. There were provisions in
there, technical terms like ``medical loss ratio,'' that said that an
insurance company had to give 80 percent of the premium dollar back in
health care instead of giving it off to CEOs' salaries and executive
perks; and if they did not, what the insurance company had to do--if
they did not get 80 percent of the premium dollar back in health care
to the patient--they had to return that part in refunds.
I can tell you that, happily, that law is working. One million
Floridians last year received over $41 million in refunds. It was an
average of $65 per family. Why? Because some insurance companies did
not spend enough on medical care for their policyholders.
Another part that we had talked about was making private insurance--
remember how they said this was going to be government health care--
private insurance companies selling insurance. People could afford it
because there were subsidies for families with income up to the level
of 400 percent of poverty. Well, of the 1 million Floridians who
enrolled--and remember, I gave you the figure that 8 million nationally
enrolled. Of that 8 million, 1 million people needed and wanted
insurance so much in our State alone that they enrolled, and 91 percent
of them were able to receive a subsidy under the graduated subsidy
level in order that they could purchase that private insurance. The
folks who bought a plan using subsidies reduced their premiums through
the subsidies by an average of 80 percent.
So what we had in health insurance before the Affordable Care Act was
not--it was like the Wild West. Plans could deny you coverage. An
insurance plan, if you had coverage and you were suddenly getting
treatment, could cancel your coverage. They could also deny you
coverage by saying you had a previous existing condition, and it could
have been something as simple as a rash. You could not get health
insurance. Now all of those things they cannot use as an excuse.
So what I see is the last throes of this resistance to the Affordable
Care Act, and you are going to hear it again as insurance plans come
out on Medicare Advantage and show that they are hiking their rates.
Yet I want the people of Florida to know it was the State legislature
that took away the ability of the Insurance Commissioner of Florida to
regulate those rates.
Madam President, I would like to clarify my previous remarks. I was
referring to the removal of the authority to regulate private insurance
rates by the state insurance commissioner in SB 1842, not Medicare
Advantage.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. COBURN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COBURN. Madam President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

Debt

Mr. COBURN. Madam President, this is my 10th year in the Senate.
Every time we come to a close of the session for a summer break or for
a holiday break all of a sudden we start hearing all these unanimous
consent requests--they come to the Senate. For those of you who are
listening to this and to my colleagues, these are requests that bills
be passed without a vote. I am fine with that, as long as they meet
certain characteristics and considerations.
But what the American public does not know is that about 70 percent
of the work the Senate does happens by unanimous consent, with no
recorded vote on the back of any one Senator. Today is no different. I
have heard of five or six requests for unanimous consent. They are fine
with a couple of provisions. The first provision is they ought to be
within the powers of Congress as enumerated by the Constitution in the
enumerated powers. The tendency is: Oh, we have to do this; it has to
happen now. For some of the things that is true, but the reason it has
to happen now is because we had not done it before now because we
failed to do it. We utilize the end of the session to force people to
give on positions they would never give on otherwise because they do
not want to take the heat for being responsible for stopping something
from happening, even though it might not fit within the enumerated
powers, it might not be under our constitutional authority.
But the most egregious of all of this is the fact that we are going
to be asked today, probably 7 or 10 times, to pass pieces of
legislation the very cost of which will fall on the backs of our
children and our grandchildren--not us. With over $400 billion in waste
per year in the Federal Government--waste, fraud, duplication--to ask
us to spend $200 million here or $2 billion here or in the case of the
veterans bill, $17 billion, of which $5 billion of it is actually paid
for, without doing the hard work of not transferring more debt to our
children is not acceptable to me.
So my rights as an individual Senator are going to be utilized
today--until we go home--to make sure we do not transfer another penny,
if I can stop it, onto the backs of our children. It would be different
if we were efficient, if we did not have any waste, if we did not have
any fraud, if we did not have any duplication. But you see, it is an
excuse to not do the hard work we were sent to do.

[[Page 13806]]

So I am putting my colleagues on notice that if they want to pass any
bill that is going to go by unanimous consent, they better find some
waste somewhere to offset it with or I will object. I do not mind
taking the heat, no matter what the issue. I have done it before, I
will do it again. Our children and our grandchildren are worth any
amount of heat that creates a future opportunity for them that is at
least as equal to what we have had.
I wanted to say that before I start talking about the veterans bill.
I voted for the veterans bill that went out of the Senate. My
background as a physician and businessman--businessman first, a
physician second, regrettably a politician third--but I voted for that
because I thought in conference we would actually fix it. What is wrong
with the VA? Leadership, a culture of corruption, a culture of not
caring. That does not apply to all of the VA employees, it does not
apply to all of the VA hospitals, but it certainly does apply to a
number of them.
How did we get there? I would note for the record that VA spending is
up 60 percent since 2009. Let's start in 2010, 2011, 2012, 2013, and
2014. It is up 60 percent. Patient demand is up only 17 percent in that
same period of time. The number of providers has increased by 40
percent. So it surely cannot be a problem of money.
If we look at the increased utilization of those services over the
next progressive 10 years, it will be less than 20 percent. We did some
good things in the bill in the Senate, most of which are capped, but we
did not do enough. If we are going to manage the VA, we have to give
the head of that organization the ability to be able to manage it.
Senior Executive Service, the Secretary of the VA is going to have that
capability to hire and fire. For a very limited number of title 38
employees--those are hospital managers, physicians--for a very limited
number, he will have that as well. But for where we have seen a lot of
the problems, he will not be able to fire people who have directly
harmed our veterans.
So we have not given him the tools to create the environment and the
change that has to happen and a cultural change that has to happen in
the veterans organization.
The other thing I would note is that if we look at the requirement
for primary care physicians and physician extenders--nurse
practitioners and PAs--their load is about one-fourth of the load of
private practitioners in this country. That is not true clinic to
clinic, but on average that is true. In Oklahoma we have some great
physicians who work every night until 10:00 taking care of veterans. We
have great caregivers in lots of instances. But we have a lot of
stinkers, and on average we are not demanding of them what the private
sector routinely does.
One of the good things in the bill is we are going to finally have VA
hospitals and clinics reporting outcomes, just as every other hospital
in this country has to report. If they take Medicare or Medicaid
dollars, they have to report to CMS their outcomes--their readmissions,
their death rates, their infection rates, their quality of care. They
have to be reported.
Also, physicians have to be credentialed. Not true in the VA. So if
they are not credentialed, the VA patient is going to know what their
credentials are--if they have lost their medical license.
Those are positive aspects of this bill. What is not positive is the
fact that we won't fix the real problem, and we are going to say we did
and we are going to spend our grandkids' money saying we did over a
very short period of time, and we are still not going to hold the
organization accountable.
It is unconscionable to me, after a 60-percent increase in funding
over the last 4 years, that we would borrow against our children's
future an additional $12 billion when we have all this waste throughout
the Federal Government and in the VA and say that is the best Congress
could do. I think that is an incrimination upon Congress, and it is a
dereliction of our duty--to our Republic but also our future.
So I will be doing a couple things:
No. 1, I will be raising a point of order against this bill; and No.
2, I will be voting against it.
Let me say a little bit about why I am voting against it. Yesterday I
talked to a Vietnam veteran who is 100 percent disabled and presented
to the emergency room of a major VA hospital in this country with chest
pain. This patient was observed for 2 hours. She had no acute changes
on her EKG, but she had--as any doctor would know--unstable angina. Her
pain never went away. She was sent home. In less than 48 hours she
presented to an emergency room in her local community and an hour after
that had three stents placed in her left coronary artery. She was
ignored medically. That is happening today as we have had this
discussion.
Another wonderful retired veteran in Oklahoma had to have a knee
replaced. She was service-connected. She went to the VA and had her
knee replaced. It was a failure. She had to have it done again. A
couple years later her other knee needed to be replaced. They replaced
her knee. It failed. As they replaced the second knee, as can happen,
they fractured her femur. Today she has a replaced knee, and she walks
with a terrible limp because her left leg is 1\1/2\ inches shorter than
her right one. The likelihood of that happening to one individual is
about 1 in 10 billion, but the outcomes never get reported. A femur can
break while doing a knee prosthesis, there is no question about it. But
five major surgeries? That means outcomes don't compare.
When this VA episode started soaking in, as a physician I went to the
medical literature and looked at all the studies that have been
published on VA care. I did a LexisNexis. I looked at them all. What
did they show? VA care is better than anyplace in America. That is what
the studies show. Except when we drill down on it, what we find is the
way they were cheating on appointments is the way they were cheating on
outcomes. In other words, the outcomes weren't accurate. So the culture
is one of looking good, protecting those within the VA, and not
protecting our veterans. Again, I would say that does not apply to all
VA employees. The vast majority of them are great. But the leadership
has stunk. We have to have a bill that fixes that. I don't believe this
is going to do it.
I also wish to talk about whistleblowers because I have had a
multitude of whistleblowers whose complaints I have investigated and
found to be truthful. The culture at the VA against whistleblowers has
been a channel in the past from whistleblowers back to management. And
what happens to them? They get fired. They get demoted. They get
harassed. They end up ultimately leaving. These are the people who
care, who want to make it better.
There is a big job ahead of Secretary McDonald. He has the capability
and he has the experience to fix this but only if we give him the
tools. My fear is that we will not give him the tools with this bill.
The final point I would make, and I think we all ought to think about
it--every American ought to think about it. Remember, we are an All-
Volunteer Army right now. If somebody has served this country in
combat, putting their life on the line to protect us, to protect our
way of life, to protect the very freedoms we cherish, should that same
individual ever be at the back of the line on anything related to
health care that is associated with their service? They should be in
the front. They should be ahead of every Senator, every President,
every doctor. They should get the first care, not the last. They should
get the best care, not the worst. That is how it ought to be. It is the
veterans VA system, not ours. It is for them. And when they no longer
are the object of service by this country, for them, for their
sacrifice, then we are in a whole lot more trouble than any of us
realize. We have turned things upside down. Union representation at the
VA is more important than the VA patient. Benefits for VA managers are
more important than the VA patient.
The one critical thing that really needs to happen to clean up the VA
is to give veterans the absolute choice to go wherever they want, their
freedom

[[Page 13807]]

to choose whatever care they want based on what they have done for us.
By doing that, the VA will either have to become competitive and just
as good or they should die. We have not done that in this bill. We need
to do that in this bill.
We have centers of excellence in the VA that beat all the private
industry, all the private health care. When it comes to prosthetics,
when it comes to closed-head injuries, when it comes to traumatic brain
injury, when it comes to post-traumatic stress disorder and depression,
we are great. The VA is great, but in too many areas it is not. Tell me
this bill will change all that, and I will vote for it even if it does
sacrifice our children. But it won't.
I won't be here when the results are assessed, but I can predict what
they will be--more of the same, too much money and not enough
leadership.
With that, I yield the floor.
The PRESIDING OFFICER (Ms. Heitkamp). The Senator from Connecticut.
Mr. MURPHY. Madam President, I ask unanimous consent to speak as if
in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

Affordable Care Act

Mr. MURPHY. Madam President, before I speak on the topic of
Affordable Care Act, reports are emerging that the House of
Representatives is going to adjourn without taking any votes on a
border supplemental that would allow this country to humanely deal with
a crisis of epidemic proportions on our border as over 50,000 children
right now are being warehoused, shoulder to shoulder, without any sign
from the Congress of help coming.
There are legitimate differences in what manner we provide this
emergency funding to try to deal with this humanitarian crisis, but
shame on the House of Representatives as they leave town today without
even having attempted to take a vote on a supplemental appropriations
bill for the border.
I was in the chair yesterday as I listened to about three or four of
our Republican colleagues come down to the floor, as they often do, and
register their ongoing complaints about the Affordable Care Act. As has
been the trendline over the past 4 months, those complaints have moved
from those rooted in data to those rooted in anecdote.
There is no doubt that there are people in every single State in this
country who continue to have poor interactions with the American health
care system. It is one-sixth of our economy, and as was the case before
the Affordable Care Act, it will be the case after the Affordable Care
Act. There are many people who will still pay too much, and there are
still plenty of people who will not get enough in return.
But I wanted to spend a little bit of time on the floor today talking
about what the actual data shows us, what the empirical evidence shows
us. It is overwhelming in its conclusion that the Affordable Care Act
is working--in many respects working better than anybody thought it
would. So I want to take my colleague's arguments one at a time.
The first is a pretty simple one. Every bad interaction that happens
in the American health care system is not the fault of the Affordable
Care Act. I woke up a couple of days ago with a sore throat, but that
wasn't President Obama's fault. That wasn't the fault of the Affordable
Care Act. I had kind of a rough day. But I understand there are bad
things that are going to continue to happen to me--especially when it
comes to health care--that cannot necessarily be fixed by the
Affordable Care Act. So one of the ongoing statistics that is used is
the number of people who had their plans canceled. Well, most of the
nonpartisan medical journals that have surveyed the number of
cancellations before the Affordable Care Act and the number of
cancellations after the Affordable Care Act suggest this has been a
problem that has been ongoing for years, that there is substantial
churn every single year in terms of the number of plans that were
offered that then are stopped being offered. The Affordable Care Act is
not solely responsible for the fact that plans are being cancelled.
People will still pay a lot in premiums. The Affordable Care Act makes
it better. There are a lot fewer premium increases of over 10 percent
since the Affordable Care Act was passed than before it was passed. But
every time somebody is paying more than they would like for the health
care they receive, that is not the fault of the Affordable Care Act.
The second argument is the difference between data and anecdote. So
let me just spend a few minutes talking about what the ongoing
avalanche of information, of data, of statistics tells us. So many of
my colleagues come down and talk about the huge rates that people are
paying for health care and blame it on the Affordable Care Act. The
average premium that individuals paid for a plan on one of the
Affordable Care Act exchanges over the course of the first year of its
implementation was $82 per month--$82 per month. Now, there are some
people who are paying more, but the average is $82 a month. That is a
pretty sweet deal to get health care coverage in this country.
And they needed it. A study showed that 60 percent of adults with new
coverage used it and 60 percent of those individuals say they could
never have afforded to get the care had they not had insurance in the
first place.
And people like it. Consumer survey after consumer survey shows that
the majority of people who are on these new plans want to keep them and
have said their experience has been good, excellent or satisfactory. So
that is the real story about what is happening on the exchanges.
What about cost? My colleagues say it really hasn't done anything to
control costs. That is not the case. Health care inflation in this
country is at a 50-year low. Medicare spending--that is the money that
we all pay as federal taxpayers--is $1,000 per beneficiary lower than
it was projected to be in 2014. So $1,000 in spending per individual
has disappeared from the system, and a large part of the reason for
that is the Affordable Care Act.
We had a bipartisan briefing sponsored by the Commonwealth Fund this
week, and both the Republican economists and the Democratic economists
believe the Affordable Care Act, though not solely responsible for that
reduction in price, is a big, big part of that cost-reduction story.
People will say it is not coming through on premiums; we are still
seeing premium increases that are bigger than we would like. Well, they
are smaller than they were before the Affordable Care Act, but the
Affordable Care Act also has this provision in it that requires
insurance companies to spend a certain percentage of all the money they
collect on care, and if they pad their profits with too much of your
premiums, then they have to return that money to you. We just found out
that consumers have already saved $330 million in money that was
directly returned to them, and over all have saved $9 billion in
savings on premiums because of this provision, which essentially says
if you get charged too much, the insurance company now cannot keep that
money for themselves. They have to return it to you. That is the best
protection you can have from premiums that are too high. It is not
theoretical; it is practical--the $330 million in checks written by
insurance companies and given to individuals.
The data continues to show us the Affordable Care Act is working, and
I haven't even gotten into the data I have brought down here week after
week, which is stunning in terms of the number of people who now have
insurance: 8 million people insured on the exchanges--a 25-percent
reduction in the number of uninsured in this country. Even the most
optimistic of ACA supporters could never have thought we would have a
25-percent reduction in the number of uninsured in this country in the
first 6 months of implementation. The numbers don't lie.
But here is my last point: Senators and Members of Congress who come
down and complain about the performance of the Affordable Care Act in
their State, when their State has done everything in its power to
undermine the Affordable Care Act, have some explaining to do. The
reality is there are

[[Page 13808]]

States such as Connecticut that are working hard to implement the
Affordable Care Act, and there are other States that are working to
undermine the Affordable Care Act. The Affordable Care Act works really
well in States that want it to work, and it has a little bit more
trouble in States that are trying to undermine it. Let me give you an
example that comes from a speech given earlier on the floor by Senator
Nelson. Senator Nelson talked about how Florida, through its Republican
Governor and Republican legislature, has taken away from the insurance
commissioner the ability to approve increases in insurance rates. And
so, guess what. They are seeing premium increases that are rather
unappetizing to Florida residents because the legislature has taken
away from the government the ability to monitor, review, and approve
those rates.
Compare that with the State of Connecticut, which is working hard to
implement the Affordable Care Act and act on behalf of rate payers and
consumers. Our biggest insurer a couple of months ago proposed a 12-
percent increase in rates under the Affordable Care Act in
Connecticut's exchange. We have the ability to review those rates in
Connecticut. We did that, and the insurance commission in our State
just 2 days ago came back and reduced that rate increase from 12
percent to 1 percent. Blue Cross Blue Shield is not going to stop
offering insurance on the Connecticut exchange. They are just going to
do it with a rate increase that is commensurate with the actual
increase in costs of care to Anthem rather than a number that is not
based on actual data.
So in a State such as Connecticut, where we have seen twice as many
people enroll as we originally estimated, where we have seen Medicaid
expansion provide access to insurance for thousands upon thousands of
Connecticut residents who have insurance in a way that people in
Florida do not because of their lack of Medicaid expansion, we also
have taken steps to protect consumers from premium increases.
So for colleagues who are going to complain about high premium
increases, you have to acknowledge there are steps that your State
could have taken to make it better. For colleagues who are going to
talk about the fact that there aren't enough people enrolled, well,
then your State could have taken steps to enroll more people.
Not everything is the fault of the Affordable Care Act when things go
wrong for families. The data does not back up the anecdotes that are
brought to this floor. In States that are working to implement the law,
it works a lot better than in States that are working to undermine it.
The story is clear. Whether it is a decrease in people that don't
have insurance, the decreasing rate of medical inflation all across the
country or the improving quality of health care in every corner of this
Nation, the Affordable Care Act is working.
I yield back the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Madam President, I see two of my colleagues who are here,
and I want to ask unanimous consent that Senator Barrasso be given 10
minutes, then Senator Sessions be given 3 minutes, and then the
remainder of the time be turned over to me.
The PRESIDING OFFICER. Is there objection?
Mr. HATCH. Did the Chair rule?
Mr. MURPHY. Reserving the right to object----
Mr. HATCH. Madam President----
Mr. MURPHY. Madam President, I would ask that the Senator modify his
request to allow Senator Bennet to alternate with one of the Republican
speakers in this series of remarks.
Mr. HATCH. I was supposed to speak here at 2:15 p.m.
Mr. MURPHY. Madam President, I will withdraw my request for
modification.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Wyoming.

Health Care

Mr. BARRASSO. Madam President, I have come to the floor to discuss
some of the issues related to the health care law and the side effects
of the health care law. I see my friend and colleague from the State of
Connecticut--a place where I spent 5 years as part of my residency
program training--has just spoken on this issue. So I followed the
developments in that State quite a bit and talked to many of the
physicians who practice there on a regular basis, some of whom I have
studied with for up to 5 years. So they have routinely sent me articles
about the failure of the President's health care law in Connecticut--
because remember, the President said, actually, that the costs would go
down, not go up under the President's health care law. I think he said
$2,500 per family per year. Nancy Pelosi on ``Meet The Press'' said
costs would go down for everyone--down for everyone. She didn't say
they would go up a little. She didn't say they would go up at all. She
said they would go down for everyone, and this was in the last 2 years.
I come to the floor noting that just the other day in Hartford, CT,
the headline story said that one of the insurance companies was seeking
a 12\1/2\-percent rate increase. The Norwich Bulletin says: ``Anthem
seeks 12.5 percent rate increase.''
I heard my colleague from Connecticut say the insurance commissioner
wouldn't allow it to go up that much but did allow it to go up and said
it was going up; is that what my colleague just said on the floor?
Perhaps not as much as this, but certainly the President said they were
going to go down by $2,500 a family. Nancy Pelosi, the Speaker of the
House, said they were going to go down for everyone. And in Connecticut
people who believed the President, people who believed the Speaker of
the House, Nancy Pelosi, realized they weren't told the truth. Rates
even after this 12.5-percent request was reviewed and lessened--the
rates still went up.
So I look at these headlines.
Another story out in the Daily Caller: ``Obamacare Update: Now EVEN
MORE States Report Double-Digit Premium Hikes.'' They talk about
Vermont and they talk about Arizona, States where premiums are going up
over 10 percent.
I looked at the story in Politico last month: Connecticut exchange
reports breach--breach of security of individual people, hundreds of
names left on the sidewalk, with Social Security numbers, with
addresses, with information about them.
A story coming out of the Connecticut Mirror: ``CT's Latinos face
hurdles in enrolling in ObamaCare.'' It says: ``No group of people in
Connecticut is more likely to be uninsured than the state's Latinos,
and ObamaCare won't change that.''
I just heard from my colleague that it is working. Not according to
the press in his home State.
July 1, 2014, the Connecticut Mirror:

Federal auditors question Access Health CT's internal
controls.
Federal auditors reported Tuesday--

These are not individual stories of one person or another, because we
know all across Connecticut there have been families who have been
dropped, people who have had problems, individuals who are being hurt.
``Access Health CT says it will start calling thousands of customers
Friday''--this was earlier this month--
``. . . 5,784 customers were identified as having incorrect tax
credits'' under this program that my colleague says is working in his
home State.
It says: ``About 3,900 customers,'' in the State of Connecticut
``were told that they qualified for government-funded Medicaid coverage
when, in fact, they did not.''
It says: ``An unknown number of customers got a bill from their
insurance company that was more than they expected . . . ''
`` . . . 903 customers were dropped by their insurer.''
These are the facts.
So I hear that the Federal auditors are questioning Connecticut's
internal controls, and then look at the many stories about doctors who
are saying no to ObamaCare: ``Report: Connecticut is Less Competitive
After Federal Health Care Reform'' in the Hartford Courant.

[[Page 13809]]

It just reminds me there are so many side effects of this health care
law all across the country--stories from every State. Premiums are
going up, people are having to pay more in copays, people are having to
pay more in terms of their deductibles, and people continue to be
offended that they were not told the truth.
The rates continue to go up. The President said they would go down.
Nancy Pelosi said they would go down for everyone. That is not the
case. And I think what I am hearing also is----
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. MURPHY. Madam President----
Mr. BARRASSO. People believe that Washington is in control.
Mr. MURPHY. Would the Senator yield for a question?
Mr. BARRASSO. The Senator will yield for a question.
The PRESIDING OFFICER. Would the Senator yield for a question?
Mr. BARRASSO. Yes.
Mr. MURPHY. I thank the Senator.
I appreciate the amount of time the Senator has taken to educate my
colleagues on Connecticut's success in adding 200,000 people to the
rolls of the insured. But the chart the Senator just had up next to him
for the majority of his remarks about Anthem's request to increase
rates in Connecticut by 12 percent is, frankly, the best advertisement
you can make for the Affordable Care Act because under the Affordable
Care Act, States are given the ability to review these rate increases
and modify them. Connecticut has taken advantage of that, and had you
read the papers from 2 days ago, rather than taking the headline from
several months ago, you would have seen that the Connecticut insurance
commission rejected the 12-percent increase and actually approved a 1-
percent increase.
Regardless of someone's claim that insurance premiums were going to
go down, my constituents in Connecticut will be very welcome to take a
1-percent increase in premiums. Should you repeal the Affordable Care
Act--parts or all of it--you would remove from many State the ability
to offer these plans in the first place or to be able to monitor them.
So I appreciate the Senator putting a month's old headline on the floor
of the Senate, but yesterday's headline actually tells us that because
of the Affordable Care Act rates under the exchange for the people in
Connecticut will be at historic lows in terms of premium increases.
Given the fact the Senator is putting up news about the State of
Connecticut, I want to make sure that he is putting up the latest and
most accurate news about our State.
Mr. BARRASSO. Madam President, I didn't hear a question posed in
that, but I concur. And I mentioned in my remarks, as the Senator from
Connecticut has said, that the rates were not allowed to go up to the
double-digit request, although I also mentioned they are going up by
double-digits in many other States. Yet the President of the United
States said the rates would go down by $2,500 per family per year.
Speaker of the House Nancy Pelosi--who was Speaker when the Member from
Connecticut was a Member of the House and voted for the health care
law--said on ``Meet the Press'' that they would go down for everyone,
and that is not the case. The case is, as I have continued to say on
the floor of this body, rates are going up across the country even
though the President promised something else. What people are seeing is
higher premium rates, higher deductibles, higher copays, and loss of
doctors. They feel Washington is taking control over their lives. We
are also seeing lower paychecks in Connecticut as people try to comply
with the 30-hour workweek requirements, which are causing school
districts to have to choose whether to hire reading teachers as a
result of the mandates of the health care law.
I thank the Presiding Officer.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Madam President, I understand there will be 3 minutes for
the Senator from Alabama and then I will be able to deliver my full
remarks.
The PRESIDING OFFICER. The Senator is correct.
The Senator from Alabama.

Veterans Health Care

Mr. SESSIONS. Madam President, I just want to say how much I
appreciate the work by all the Members who worked on the veterans bill.
We had some difficulties of a very serious nature, and all of us wanted
to fix that. I was not able to support the bill that came out of the
Senate.
We learned minutes before the vote that the average cost in the out
years would be $50 billion a year if the program was funded, and there
was no money to pay for that. It would really just be adding to the
debt. It was sort of avoided by saying it would be a 3-year bill, but
once you start these kinds of motions rolling, they never seem to end,
and in the end we would be faced with a difficult situation
financially.
The conference committee went to work, and I salute all the people
who worked on this legislation. It has some good policy issues in it.
Senator Tom Coburn, who spoke earlier, was engaged in that conference.
He is a doctor. He understands these matters, he cares about them, and
he was actively engaged, as we all know. In Tom Coburn we have one of
the Senate's finest, most committed Senators. He loves this country.
Every day he tries to save us money and make us more productive. There
is nobody here who works harder or is more effective in addressing that
issue than he is, and he says we need to do better. He is not able to
support the conference report because it will add at least $10 billion
to the debt in 3 years. I will acknowledge that it is better than
before. As a result, he will raise a point of order against it, and I
have to say I will support that.
Our doctors there do not carry the kinds of patient caseloads private
doctors do.
While we have some policy changes that are good, more are needed. We
are going to have a new Administrator, and I am very impressed with
him. He is a military academy graduate from West Point, spent 5 years
in the military, and was a Procter & Gamble CEO. He has bipartisan
support in the Senate. A lot of confidence and a lot of hope is being
placed in him.
I think the better action for us today is to not try to establish big
policy changes that continue indefinitely at great expense. The better
choice for us today is to wait a bit, see how effective this new leader
is, and see how much he can save without reducing benefits. Maybe we
can get some ideas from this top-flight, world-class businessman, who
can help us develop policies that serve our veterans. We have an
absolute commitment to serve our veterans and fulfill our
responsibilities.
I will support the budget point of order, but if it were to be
sustained--and it probably will not be sustained because people want to
go forward and do this--I am confident we would be able to work with
the new Administrator and develop an even better plan for securing the
benefits which our veterans have earned and to which they are entitled.
I thank the Chair and yield the floor.

The PRESIDING OFFICER. The Senator from Utah.

Standing Strong

Mr. HATCH. Madam President, in recent days I have twice spoken here
on the floor--not about a particular issue, bill, or nomination pending
before the Senate, but about the Senate itself.
While issues, bills, nominations, and even partisan majorities come
and go, the Senate as an institution must remain--and remain not only
in some tattered form, some distorted shadow of its former self, but,
rather, the Senate must remain as it was designed to be. The political
winds may blow, but the institution must stand strong.
Unfortunately, in my 38 years of service in this body I have never
seen it weaker than it is today. There once was a consensus here not
only about the need to keep this institution strong but also about how
to do it. That consensus evolved from how the Framers designed this
body so that it could play its unique role in the system of government
they inspirationally crafted.
James Madison, for example, remarked at the 1787 Constitutional
Convention that the Senate's proceedings

[[Page 13810]]

could have more coolness, more system, and more wisdom than the House
of Representatives. He was not talking about coolness in the way our
teenagers talk about it today. The House is designed for more or less
direct expression of the popular will and operates by simple majority.
By contrast, the Senate is designed for deliberation. For more than two
centuries it has operated by a supermajority and even unanimous
consent. This fundamental difference between the House and the Senate
is by express design and not historical accident. It is the conjunction
of the two that makes the legislative branch work in the manner the
Framers intended. This basic principle of bicameralism is above
politics and above party.
This longstanding consensus about the importance of the Senate's
unique design and how it must operate to fulfill its constitutional
role has all but fallen apart over the last few years. I began
addressing this problem in earnest last week and will continue to do so
in the weeks ahead and, I might add, in the months to come, urging my
colleagues to heed history's wisdom and change course.
I am not alone in this endeavor. My friend the senior Senator from
Tennessee has also spoken with great passion on this issue and
developed a thoughtful assessment of the Senate's institutional decay.
Two longtime colleagues in this body--one Democrat and one Republican--
offered similar critiques when leaving the Senate in the last few
years.
For 30 years I served in this body with my friend from Connecticut,
Senator Christopher Dodd. In his final speech on the Senate floor on
November 30, 2010, he observed that the Senate was established as a
place where every Member's voice could be heard and where a
deliberation and even dissent would be valued and respected. Senator
Dodd explained that ``our Founders were concerned not only with what
was legislated, but, just as importantly, with how we legislated.'' He
urged Senators to resist the temptation to abandon the Senate's
longstanding traditions to make it ``more like the House of
Representatives, where the majority can essentially bend the minority
to its will.''
Two years later Senator Olympia Snowe concluded her three terms in
the Senate representing the State of Maine in this body with a
reflection on the state of the Senate. She observed that a commitment
to the rights of the minority helped ensure that the Senate would be a
body where all voices are heard. Senator Snowe concluded, however, that
``the Senate is not living up to what the Founding Fathers
envisioned,'' in large part by ignoring the minority's rights.
Senator Dodd concluded his Senate service in the majority while
Senator Snowe concluded hers in the minority, but their assessment was
the same--a leading Democrat and a leading Republican. That is what a
consensus looks like. They shared an understanding of the unique role
the Senate was designed to play in our system of government, and they
knew from experience that the Senate is not operating by that design
today.
Diagnosing our current institutional ills and prescribing a path back
to health must begin by recognizing the primacy of the Senate's
purpose, design, and place in our system of government. Without the
anchor of these principles, which have throughout the Senate's history
been shared throughout this body, across all partisan and ideological
lines, the gamesmanship of politics and the quest for power will
decimate our deliberate contribution to the legislative process.
Unfortunately, that is exactly what is happening today.
In my previous remarks, I noted that many of the sage students of the
Senate--from Vice President Adlai Stevenson in the 19th century to
Robert C. Byrd of West Virginia in our time--all identified the same
two features as critical to the Senate's proper functioning: the right
of amendment and the right to debate. It is not difficult to see how
they serve the critical function of setting the Senate apart from the
House. These rights temper majority rule. They emphasize individuals
over parties and factions. They ensure that all voices can be heard.
They encourage deliberation and, yes, even beneficial compromise. These
rights secure a substantive role for all Senators--even those in the
minority--in how the Senate legislates, a feature that does not exist
in how the House operates.
During my service throughout the past four decades, the Senate has
often lived up to these ideals. For example, I worked with the junior
Senator from Iowa on the Americans with Disabilities Act, which the
Senate in 1989 passed by a vote of 76 to 8. At that time Democrats held
55 Senate seats, just as they do today. This body addressed amendments
on the floor offered by both Democrats and Republicans on issues
ranging from tax credits for small businesses to accessibility of
buses. On a single day in September of 1989, the Senate adopted nearly
twice as many minority amendments to this single bill than the Senate
today has adopted in more than a year.
Today the majority leader uses his right to priority recognition to
eliminate virtually all opportunities for amendments unless he agrees
to them, and even then he generally stops amendments. He has used this
procedural maneuver--called filling the amendment tree--more than twice
as often as the previous six majority leaders combined.
There is a time when you can fill the amendment tree, and that is
after there has been a full and fair debate on all the reasonable
amendments Members have brought to the floor and it is when a
reasonable time has been given to a bill and there have been a number
of votes.
Yet, when he was in the minority, even he condemned this tactic as
``a very bad practice.'' He explained that ``it runs against the basic
nature of the Senate.'' He was right then, but he is wrong now. Perhaps
the majority leader has reconsidered what he believes to be the basic
nature of the Senate. Perhaps he now believes that denying the
minority's right to offer amendments is a very good rather than a very
bad practice. If he does, then I think he, of all people, owes the
Senate an explanation. I don't think he believes that; otherwise, such
an about-face is nothing more than a desire to rig the rules so he can
win all the games, and in the process he is destroying the Senate
itself. When I say games, I don't really mean games. It is so he can
win all the votes. He can put the Senate on any motion he wants to
without any real rights for the minority, and in the process he is
destroying the Senate itself, destroying the institutional
characteristics the Founders thought critical to our government's
design, and destroying precisely those practices and traditions that
have enabled the Senate to serve the common good throughout our
Nation's history.
The other defining feature of this body--the right to unlimited
debate--is also under attack. By empowering the minority, that right
has always annoyed the majority whether we have been in the minority or
whether we have been in the majority and vice versa. But a little
history can provide a lot of perspective for us today.
For more than a century, ending debate on anything required unanimous
consent. A single Senator could prevent a final vote on a matter by
preventing an end to debate. The Senate adopted a rule in 1917 that
lowered the threshold to two-thirds. Not until 1975 was the threshold
lowered to three-fifths, where it stands today.
It is easier to end debate today than ever before in the Senate's
history, but that is not enough for the current majority. Urged on by
many of the 34 Senators who have not yet ever served in the minority,
the majority apparently does not want any obstacle whatsoever to stand
in its way--not even full and fair debate.
Last November the majority leader used a parliamentary maneuver to
lower the threshold for any debate on most nominations from a
supermajority to a simple majority. It took him only a few short
minutes to end more than 200 years of Senate practice and effectively
eliminate the minority's role in the confirmation process.

[[Page 13811]]

As I have detailed here on the Senate floor and in print, the
minority leader's reasons for this revolution amounted to filibuster
fraud. At the time he invoked the so-called nuclear option, the Senate
had confirmed 98 percent of President Obama's nominations, and
filibusters, of course, were on the decline. But 98 percent was not
good enough for the majority.
I noted the current majority leader's about-face regarding the right
to offer amendments. He defended that right when in the minority and
actively suppressed it when in the majority. Similarly, when he was in
the minority, he voted more than two dozen times for filibusters of
Republican judicial nominees. The Democrats were the ones who started
that. Then, last November, once in the majority, he abolished the right
to debate nominations.
While the majority leader effectively neutralized the Senate cloture
rule to stop the minority from debating nominations, he has also used
that rule to stop the minority from debating legislation. He again uses
his right of priority recognition to bring up a bill and, at the very
same time, file a motion to end debate. But it makes no sense to speak
of ending debate--ending what he wrongly characterizes as a Republican
filibuster--when such debate had no chance to begin with. The majority
leader uses this cloture rule not to end debate but to prevent it
altogether.
Just like the practice of filling the amendment tree, the majority
leader is using his position to prevent debate far more often than any
of his predecessors. Unlike the current majority leader, most Senators
on the other side of the aisle have never served in the minority. Most
Senators in both parties--56, to be exact--have served here only under
the current leadership. Unfortunately, this means that most Senators
serving today have only witnessed leadership that prefers power to
principle and is rapidly dismantling the longstanding practices and
traditions of an institution that took centuries to build. The only
leadership that most Senators serving today have experienced uses
parliamentary maneuvers to deny senatorial rights so that the partisan
ends justify the procedural means.
The current Senate leadership is wrong. The road we are on today
leads only to one destination. Just as maintaining the integrity and
foundation of the Senate's design and operation is essential to its
proper role in our system of government, attacking that integrity and
dismantling that foundation can only destroy that proper role. Since
the Senate's proper role is essential for protecting the liberties of
the American people, destroying those longstanding practices and
traditions puts our liberties at risk.
The minority leader spoke here in January about the state of the
Senate and noted that what many call partisanship today is nothing new.
But what I have been addressing in recent days is not the result of
that ideological competition but how that competition is conducted.
At the beginning of my first term, there were only 38 Republican
Senators--not even enough to end debate under Senate rules. Democrats
have not been in such a small minority in nearly 60 years.
According to the Brookings Institution and American Enterprise
Institute, 42 percent of all rollcall votes during my first 2 years
here were so-called party unity votes, in which a majority of each
party sticks together and votes in opposite ways. That means a majority
of votes involve Senators reaching across the aisle.
In the last several years under the current leadership, however, even
though the margin between the parties is narrower, the percentage of
such party unity votes has risen to 62 percent. This trend of
retreating to partisan corners is yet another indication that this body
is becoming like the House and, therefore, abandoning the tradition of
unlimited debate and amendment at the core of the Senate's identity.
The way Senator Snowe described it, the great challenge is to create
and maintain a system ``that gives our elected officials reasons to
look past their differences and find common ground if their initial
party positions fail to garner sufficient support.'' The Senate's
design provided those reasons and those incentives, and undermining
that design destroys them.
Building is much harder and takes much longer than destroying. The
current leadership's recklessness in choosing power over principle is
dismantling what took centuries to establish.
That does not, however, mean it cannot be changed. Senator Dodd
suggested a formula for a better course when he distinguished what we
legislate from how we legislate. Restoring the Senate as the world's
greatest deliberative body requires recommitting ourselves to the
principles of how we legislate so that we can properly discuss and
debate what we should legislate.
We must first restore the longstanding consensus about the rules,
procedures, and traditions governing how the Senate is run. Only on
that firm footing can we discuss, deliberate, and legislate in a
constructive manner.
In addition to restoring many of this body's fundamental rights for
amendment and debate, the minority leader spoke in January about
restoring a vigorous and meaningful committee process. These elements
of our legislative process are related and they are complementary.
Increasingly, bills are drafted in the leader's office and taken
directly to the full Senate for consideration where the majority leader
will immediately fill the amendment tree and file a motion to end
debate. In my 38 years in this body, I have never seen a consolidation
of so much power in so few hands.
America's Founders were right in the principles of government they
laid out and in the institutional design they built on those
principles. But they did so at the beginning of this journey, creating
the blueprint before anything had been built. I fear that returning to
the right path may be even harder than embarking on it.
The majority today has engaged in a hostile takeover of the Senate
for one simple reason: aggrandizing power. But remember the axiom that
power tends to corrupt. It makes principle harder to see, fainter to
hear, and tougher to grasp, and it makes principle very difficult to
restore. Restoration will require believing in something greater than
power, something more important than the bill or nomination on the
calendar, something more significant than the latest polling numbers.
It will require holding fast to a system that can provide power today
but take that power away tomorrow.
Winston Churchill famously said, ``Democracy is the worst form of
government except for those other forms that have been tried from time
to time.'' There is certainly wisdom in that, but consider when
Churchill said it. He was speaking on the floor of the British House of
Commons on November 11, 1947, 2 years after his party lost half its
seats in Parliament and the Labor Party led its first majority
government. Churchill expressed his faith in the very form of
government that had turned his party into a small minority.
We continue on the path the current Senate leadership has charted at
our peril, not just the peril of this institution but the peril of our
system of government and the liberties it makes possible for the
American people. This may sound like a grand statement, but remember
what Senator Byrd repeatedly told us--remember what he said: ``So long
as the Senate's defining features such as the rights of amendments and
debate remain intact, the liberties of the people are secure.''
There is perhaps no greater statement of principle regarding this
Nation than our Declaration of Independence, which asserts that the
government exists to secure the inalienable rights of the people. That
is why we are here, and that should be our reason to change course--not
simply partisan advantage or ideological superiority but liberty. The
liberty we enjoy in America did not occur by chance. It will not
survive by neglect, and it cannot thrive by preferring power over
principle.
My staff and I recently visited the National Archives and saw the
words

[[Page 13812]]

engraved beneath in one of the statues at the entrance: ``Eternal
vigilance is the price of liberty.''
I hope we can turn this around. I hope the leadership of the majority
will wake up and realize that some day they may be in the minority. I
don't know when, but some day they will be. If they were treated as we
are being treated, I can just hear the fulminations up and down in the
Senate. All I can say is that these principles are more important than
either party. They are more important than either party, and whether
Democrats or Republicans like them or not, the fact is, this is the
greatest deliberative body in the world that is no longer the greatest
deliberative body in the world, and that is because of what is going
on. I hope we can end that and begin anew.
I think everybody enjoyed the debate over the highway bill. For once,
we were able to have at least four amendments--on both sides, by the
way. And I have to say it was kind of a thrill to vote again on
amendments. It was kind of a thrill to pass a piece of legislation the
right way. Whether a person likes or doesn't like the legislation, it
was thrilling to be here. I would like to see more of that happening so
that everybody here will feel that not only are they a part of the
Senate but they are helping to keep the Senate the vibrant place it
always has been up until now.
I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii.
Ms. HIRONO. Madam President, I rise today to support S. 2648, the
Emergency Supplemental Appropriations Act.
I recently led a congressional delegation to McAllen, TX, and to
Lackland Air Force Base to see firsthand what the administration was
doing to handle this border crisis. It was clear to me that the hard-
working men and women on the front lines of this crisis are doing the
best they can under very difficult circumstances.
We should pass this important bill to provide the necessary resources
to fairly address this humanitarian crisis. We should provide Customs
and Border Protection the resources they need to pay their agents
overtime when needed, and to provide the necessary food, water, and
medical supplies to these children.
My colleagues and I saw children in these CBP facilities as young as
7. We learned that many of these children arrive severely malnourished
and dehydrated. They are clearly desperate. They are not traveling here
simply because they want to. They are fleeing mortal danger at the
hands of violent drug gangs. These gangs have rendered their home
countries some of the most dangerous places in the world to live. We
should be working together to make sure these children are given proper
care in our facilities and that our CBP agents have the support they
need.
It was also clear to me that these CBP facilities, meant to safely
hold dangerous criminals, are no place for children to be held, even
for just a few days. This is a view also shared by CBP officers on the
ground who said this is no place for children.
That is why I believe it is so important to provide necessary funding
to the Department of Health and Human Services so they can continue to
maintain shelter capacity at places such as Lackland Air Force Base
where we visited. At Lackland, I was given hope. I saw children being
educated, being taught English, praying if they chose to, and learning
the Pledge of Allegiance. I saw a place that reflected our values as a
country.
This is why I strongly oppose altering the protections of the 2008
Trafficking Victims Protection Reauthorization Act. The answer is not
expediting screenings and deporting these children as soon as possible
at the border. All this will accomplish is to send these children back
into harm's way--indeed, into the murder capitals of the world--even
more quickly.
I have actually seen what these expedited screenings look like.
During our trip we saw small children sitting on concrete blocks in a
noisy and overwhelming CBP facility. In this environment, these
children struggle to answer questions from uniformed Customs and Border
Protection officers. Let me be clear. That officer was doing the best
he could, but children arriving here after a dangerous journey are in
no condition to quickly explain their reasons for coming to the United
States, much less understand the legal basis for their claim to relief
under U.S. law. When children are asked to provide that explanation in
the kind of harsh environment we saw in McAllen, they have little
chance of making a compelling case for asylum or other protection. At
this facility children cannot access legal help to make their case.
Many of these children have legitimate legal claims that they have been
physically abused, raped, or victimized by gangs or human traffickers.
We must give them a fair chance to tell their stories.
This bill, which I support, does not repeal these protections.
Instead, it takes the important steps of funding our immigration courts
to levels necessary to timely hear these children's claims.
This bill also helps with legal representation and orientation
services--something the faith communities and other advocates we met
with told us were necessary. This will help to speed up the legal
process, while ensuring that the rights of these children are
protected.
Just as importantly, this bill funds our efforts to address the root
causes of why these children are arriving in our country in the first
place. It will help us stop drug trafficking from this region and will
help stabilize these economies that have been ravaged by the
narcotrafficking violence.
This past weekend, columnist and commentator George Will eloquently
spoke on this issue. He said:

My view is that we have to say to these children welcome to
America. You're going to go to school and get a job and
become Americans.
We have 3,141 counties in this country. That would be 20
per county. The idea that we can't assimilate these 8-year-
old criminals with their teddy bears is preposterous.
We can handle the problem is what I'm saying. We've handled
what Emma Lazarus famously called: ``the wretched refuse of
your teeming shores,'' a long time ago, and a lot more people
than this.

George Will is right. We are a country that welcomes refugees--as
many of these children are--from all around the world.
I urge my colleagues to support this important supplemental
appropriations measure.
I yield back my time.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Ms. Warren). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CRUZ. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Unanimous Consent Request--H.R. 3086

Mr. CRUZ. Madam President, I rise today to speak in favor of a
principle that should unite us all--the principle of Internet tax
freedom. One of the great blessings of our modern economy is the
productivity, the entrepreneurial spirit the Internet has created, the
ability of anyone with an idea to jump online, to communicate, to
create a business, to reach the world.
One of the reasons the Internet has been such an entrepreneurial
haven is that Congress has wisely decided to keep it free from
taxation, not to subject the Internet to taxation. Well, unfortunately,
we are at the precipice of that long tradition changing. If the Senate
refuses to take action, the Internet will be taxed this November.
For a decade and a half, Americans have been able to use the Internet
all across the country free of taxes, and Republicans and Democrats
have agreed on this basic principle. There is not a lot of agreement in
this town on much of anything, including what time of day it is. Yet on
Internet taxes--in 1998 President Bill Clinton signed the law banning
Internet taxes. Congress has extended it three times--in 2001, 2004,
and 2007.
Today there is a bipartisan coalition on the record to keep the
Internet tax free. The senior Democratic Senator from New York and the
senior Democratic Senator from Wisconsin both

[[Page 13813]]

publicly support keeping the Internet free from taxation. Conservatives
in the Senate, such as the junior Republican Senator from Utah, the
junior Republican Senator from Florida, and the senior Republican
Senator from Louisiana, agree as well. There are 52 cosponsors in the
Senate on the bill by the senior Democratic Senator from Oregon, who is
here with us, to keep the ban on Internet taxes.
This should be easy. This should be a matter of easy agreement
because rarely is there an issue that has united parties so broadly as
keeping the Internet tax free. Yet, unfortunately, this session of the
Senate is also seeing politicians who want to extend sales taxes to the
Internet, who want to subject small businesses, mom-and-pops,
businesses started by people just wanting to build a business, to
crushing sales taxes from 9,600 jurisdictions nationwide.
I am passionate in saying we should fight against taxing the
Internet, and we should not open the door to Internet taxes. The
average tax rate right now on telephone services and other voice
services is 17 percent. The average tax rate on cable and video
services is 12 percent. If this Senate does not act, you are going to
see consumers in States such as Montana and South Dakota and
Massachusetts, on November 1, begin paying taxes for having basic
Internet service. Those State laws are already in effect and will go
into effect on Internet services.
I would note for the Senators who represent Montana and South Dakota
and Massachusetts that come November 2--which, I might note, is right
before an election day--anyone in those States should be prepared to
answer questions from their citizens on why the Senate stood by and let
taxes be raised on their citizens just for having an Internet
connection.
Americans are struggling to pay their bills in the Obama economy.
Life has gotten harder and harder for working men and women in this
country. Life has gotten harder and harder for the most vulnerable
among us--for young people, for Hispanics, for African Americans, for
single moms. The last thing we should be doing is playing politics and
jacking up taxes on people accessing the Internet.
I would note that the U.S. House of Representatives has already
acted. On July 15 the House voice voted H.R. 3086, the Permanent
Internet Tax Freedom Act. It had 228 cosponsors. My friend Senator
Wyden has introduced the Senate version of it, S. 1431. It has 52
cosponsors, including 18 Democrats. This ought to be something where we
stop playing games and say let's all come together and agree: Do not
tax the Internet. Yet, unfortunately, we are not in that situation.
Unfortunately, we are seeing an objection to the House-passed bill, to
a bill that has the support of a majority of Senators. Why? The only
reason is because there is hope that by holding the Internet Tax
Freedom Act hostage, it can become a vehicle to impose sales taxes on
transactions over the Internet, to impose sales taxes on every small
business.
I would note one of many wonderful things. It used to be that if you
were a single mom and you wanted to start a small business, you wanted
to make something, you wanted to sit down and make something, whether
it was a computer program or sweaters for dogs or anything else, it
used to be that to create a small business took time, it took money, it
took infrastructure. You had to have in place warehouses and
distributors. You had to have a mechanism to sell your products.
Do you know the great thing about the Internet? If you are a single
mom and you have an idea to start a business, you can put up a Web
site, and with FedEx you can deliver anywhere in the country.
Anyone all over the country can do it, if you have an idea. Let me
tell you, my cousin had an idea to sell scarves. She thought she had
some good design ideas. My cousin Beatriz worked with her best friend
to design scarves.
If you put up a Web site, suddenly you can sell all over the country.
Well, what would the Internet sales tax do? It would say that when you
start your business, if you start getting customers, you have to
collect taxes in 9,600 jurisdictions all over the country. If the
school district across the country changes its tax rate from 4.5
percent to 4.75 percent, you have to know that and collect that
differential tax. This does not make any sense.
We should stand together united in protecting the entrepreneurial
haven that is the Internet. We should stand united against taxing the
Internet.
I would note that my friend the Senator from New Hampshire has a long
and passionate record on this issue as well, and I am happy to yield to
her for a question on this important topic.
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. AYOTTE. Madam President, I thank the Senator from Texas for
coming to the floor to talk about this incredibly important issue to
the American people.
I ask the Senator, isn't it true that for 16 years the Internet Tax
Freedom Act has prevented politicians nationwide from using the Web as
a piggy bank and has helped commerce thrive by keeping it free from
burdensome tax restrictions? And isn't it true that by making this
permanent--the way the House bill does and the way the bill does that
my colleague from Oregon has offered that has 52 cosponsors in the
Senate--we never have to allow the people of this country again to feel
uncertainty that suddenly this great freedom we have on the Internet is
going to be gone, where they are going to be taxed when they access the
Internet or that somehow we are going to use the Internet as a way to
raise money and a way to hurt e-commerce?
I would ask that of my colleague from the State of Texas. Is this all
true, that if we can pass the House bill right now--which is similar to
the bill offered by my colleague from Oregon--we can give the American
people certainty that we are not going to tax what they are doing on
the Internet?
Mr. CRUZ. I thank my friend from New Hampshire. I would note that she
is exactly right. We have the ability to do something productive,
something that does not happen in Washington an awful lot. We have the
ability right now to come together in a bipartisan way for the Senate
to demonstrate that it can function productively to address the
economic challenges in this country the way the House has.
The House is doing its job. The House has passed this bill. It is the
Senate that has refused to take it up for a vote. It is the Senate that
is refusing to do its job. We have an ability not just to protect the
Internet from taxes but also to honor our word. How many Members of
this body, on both sides of the aisle, go to the tech community and
say: We want to stand with tech. We want to stand for the
entrepreneurial vibrancy of tech?
Yet I would note anyone objecting to this right now is setting the
stage for a massive Internet tax. How many of us make the case to young
people that we are standing for the future for young people, we are
standing for greater opportunity, we are standing for the chance to
help young people achieve the American dream? You know, young
Americans, 18 to 29 years old, oppose an Internet sales tax by 73
percent to 27 percent.
Yet if this body refuses to stand together in a bipartisan manner, we
are telling young people: What we say on the campaign trial is not
backed by action on the floor.
We ought to come together on what should be an uncontroversial bill,
a bill that has passed three times before, a bill that was signed by
President Bill Clinton, a bill that in this body is introduced by a
senior Democrat. We ought to come together in a bipartisan way to say:
We stand in unison protecting Internet tax freedom.
Accordingly, I ask unanimous consent that the Senate proceed to the
immediate consideration of H.R. 3086, which was received from the
House. I ask unanimous consent that the bill be read a third time and
passed, and the motion to reconsider be laid upon the table.
The PRESIDING OFFICER. Is there objection?
The Senator from North Dakota.
Ms. HEITKAMP. Reserving the right to object, I want to first make a
couple

[[Page 13814]]

of points, which as we talk about this, I think it is clear to identify
who is the taxing authority. The distinguished and very learned
constitutional scholar from the State of Texas knows well that the
imposition does not come from this body. The imposition comes from
States and local governments which have 10th Amendment sovereign
rights. They have the ability to finance their own government. They
have the ability to make those decisions. Congress has the right to
make decisions on their ability, based on a concept that Congress
ultimately has the obligation to control and to deal with interstate
commerce. Only in the rarest of circumstances when interstate commerce
is critically involved has Congress stepped up. It is very rare that
this body, or that any previous Congress, has actually dictated the
constraints of that sovereign right of States and local governments
under the 10th Amendment to impose their own taxes.
I can tell you the RRRR Act is probably one of the most glaring
examples. During a time in the 1970s when the railroads were struggling
and different kinds of transportation organizations were struggling, we
saw this body step up with a unified approach to improving the
railroads. Guess what. The railroads got better. The States know now
what the constraints are, established by this body, very limited on
their ability to do centralized assessments on the railroads.
We saw it in something called Public Law 86-272, regarding income
taxes--a very narrow exemption to those sovereign rights. Yes, the
Internet Tax Freedom Act is an exercise of this body's commerce clause
responsibility to take a look at what is in the best interests of
moving forward. But let's not forget, what we are doing is a very
interesting balance responsibility to improve interstate commerce.
So when my distinguished colleague suggests that this body is
imposing any tax, that clearly is a misstatement of the facts today.
There is no locality, there is no organization, State organization or
State body that is required to impose any tax on the Internet or
required to impose any tax on sales tax. So, yes, I believe we too need
to address the Internet tax moratorium which expires on November 1. But
we also need to have a discussion in this context of commerce clause
responsibility, to give the States the right to decide whether they
are, in fact, going to collect State and local taxes and use taxes.
I would remind the Senator, the collection responsibility is on the
use tax for remote sales. Congress's responsibility and failure to meet
that responsibility, of creating an opportunity to level the playing
field for Main Street businesses--what do I say? I tell you if you are
selling a widget in North Dakota and you have bricks and mortar and you
participate in the society, you provide dollars for the schools, you
provide scholarship dollars, you collect a sales tax. But if you are a
remote seller, taking advantage of the same marketplace and competing
directly against that Main Street business, you no longer have that
responsibility.
So to suggest that this body, by doing any of this, would be imposing
any taxes on mom and pop ignores the fact that the imposition of this
tax comes from State and local governments, which all too often my
friends on the other side of the aisle say: Closer to the people, the
more responsive those State governments are. I would suggest that in
the great State of Texas, the current Governor, who is a Republican,
certainly has the ability to decide tax policy. The legislatures are
Republican and certainly can decide if they want to do any imposition
of taxes.
So with all of that in mind, I object.
The PRESIDING OFFICER. Objection is heard.
The Senator from Oregon.

Unanimous Consent Request--S. 2735

Mr. WYDEN. Madam President, I am going to be brief, having spoken on
this already once today. I simply want to highlight my sense of where
all of this is. Back in 1998, along with Congressman Chris Cox, a
Republican Congressman from California, one of the most market-oriented
individuals I have ever seen in public service, he and I came together
to write the original Internet Tax Freedom Act. The reason we did is we
were concerned about discrimination, which looked as though it could do
enormous damage to innovation and the future of the Internet. For
example, we saw early on that if someone bought the newspaper in some
jurisdiction online, they would pay a hefty tax. But if they bought the
snail-mail edition, they would pay no tax.
So Congressman Cox and I, on a bipartisan basis, came together and
said: ``We do not want to see that kind of discrimination against the
future. We do not want to see that kind of discrimination against
innovation and technology.'' So that is what the Internet Tax Freedom
Act was all about in 1998. The subsequent reauthorizations were all
about trying to build on that enormous success.
Congressman Cox and I thought the Internet tax freedom bill would be
a success back in 1998. It has far exceeded expectations in terms of
promoting innovation and small business and many of the concerns that
all three colleagues have touched on.
So then to fast forward to today, I am the author of the legislation,
with our colleague from South Dakota, Senator Thune, of the permanent
Internet tax freedom extension. I will just say to colleagues: I would
like nothing more--nothing more--than to be able to stand here today to
see this enormously valuable piece of legislation made permanent now.
The reality, however, is--and we have seen it and heard about it--
there are objections on both sides at this point to seeing the bill I
wrote with Senator Thune--and Senator Cruz correctly notes that more
than half of the Senate has co-sponsored--we have objections to seeing
that bill move today. So the best thing that can be done now, for the
hundreds of millions of American Internet users and the economy for
which the Internet is a lifeline, is to extend the current ban until it
is possible to lock in a path to pass a permanent extension.
This is not a political issue. That point has been made. There are a
number of Democrats and Republicans who join myself and Senator Thune
in supporting the permanent moratorium. There are a number of
Republicans and Democrats opposing the extension of that moratorium,
reluctantly. We will have that debate. They seem to think it is okay to
impose discriminatory taxes on the Internet.
So it seems to me that no one who supports keeping the moratorium in
place ought to object to a short-term extension now. Doing so only
makes it more likely that Internet access and services would be subject
to discriminatory taxation.
Let me now, in the interest of time, simply ask unanimous consent the
Senate proceed to the consideration of S. 2735, a 2-month extension of
the Internet Tax Freedom Act, to December 31, 2014, the text of which
is at the desk; that the bill be read three times and passed, and the
motion to reconsider be laid upon the table with no intervening action
or debate.
The PRESIDING OFFICER. Is there objection?
Ms. AYOTTE. Madam President, reserving the right to object. First of
all, let me say to my colleague from Oregon, I share what you have
described and the work that you did in bringing forth the Internet Tax
Freedom Act. The success we have seen from keeping the Internet free
from discriminatory taxes has been astounding. So I commend the Senator
for that.
I am a proud cosponsor of your permanent act that you have with the
Senator from South Dakota. I appreciate that you recognize how
important it is that we keep this freedom for our Internet that has
been so productive for the American people and, frankly, giving people
from all walks of life access to this great tool on the Internet. So I
thank my colleague from Oregon for that.
Unfortunately, I object. I want to note today that I am reserving my
right to object because to extend this only to December 31 is to invite
uncertainty to the American people.
I think the American people have had enough of these dramatic New
Year's

[[Page 13815]]

Eve moments in this body where they are wondering: Are we going to act
upon important things, like will we ensure that the Internet remains
free from discriminatory taxes? I know my colleague from Oregon shares
the same goals.
But to put this to December 31, the lameduck of this body, at a
moment where we can all be sitting here on New Year's Eve and the
American people again can be looking at us saying: Why do you all leave
this to the very last minute on something that has 52 cosponsors and is
the right thing to do for the American people? We should give them
certainty now by extending this law permanently.
I also note that if this is going to be extended into the lameduck
session, I am very worried about the shenanigans that are going to
happen. The shenanigans are on an issue that the Senator from Oregon
and I are quite passionate about, and that is the so-called Marketplace
Fairness Act my colleague from North Dakota just referenced, which,
instead of the Marketplace Fairness Act, I like to call the Internet
Sales Tax Selection Act.
My colleague from North Dakota mentioned that this is about the State
and local selecting taxes. I respect that State and localities should
be able to collect taxes. But for States such as Oregon and New
Hampshire which don't have a sales tax, why should our businesses or
why should any Internet business in this country take on the
responsibility which has traditionally been the responsibility of State
and local governments to collect taxes?
Under the so-called Market Fairness Act, what would happen is
Internet businesses across this country--including in States such as
Oregon and New Hampshire--would become the sales tax collectors for
almost 10,000 tax jurisdictions in this country, which is a
bureaucratic nightmare for so many thriving Internet businesses. It is
an anathema to States such as ours--Oregon and New Hampshire--which
have chosen not to have a sales tax.
Most importantly, to subject our great online businesses to the
potential that they could be subject to an audit in almost 10,000
taxing jurisdictions to me is the opposite of what I know my colleague
from Oregon is trying to accomplish with all the work he has done in
this body, not only on the Wyden-Thune Internet Tax Freedom Forever
Act--which I fully support--but all the other work he has done to make
sure the Internet remains free and prosperous in this country for the
benefit of all the American people.
So I object to what my colleague from Oregon has offered. I think a
short-term fix is no fix at all. In fact, it leaves the American people
again uncertain that we will protect their rights against
discriminatory taxes that can be imposed on them over the Internet, and
it also invites shenanigans with the so-called Marketplace Fairness Act
that can get attached.
I know some of my colleagues have talked about the potential of
attaching this unfair act, which I would like to call the Internet
Sales Tax Collection Act, which makes our online businesses across this
country the sales tax collectors for almost 10,000 tax jurisdictions in
this Nation.
So, for those reasons, I object. I would like to see what my
colleague from Oregon has put forth--which is excellent legislation,
and I thank him for that--which is permanent tax freedom for the
Internet.
With that, I believe the Senator from Texas would also like to be
heard on this issue.
The PRESIDING OFFICER. Objection is heard.
The Senator from Texas.
Mr. CRUZ. Madam President, I wish to briefly explain to people
watching the back-and-forth that just occurred what is going on here,
because it is easy to not understand everything that is happening.
There are three things going on here:
No. 1, what we are unfortunately seeing is the Senate holding one
bill hostage in order to try to force through another unpopular bill.
There are two bills concerning the Internet. The first is the
Internet Tax Freedom Act. That has been in place for over a decade. It
has had bipartisan support. It has been championed by the Senator from
Oregon who has been an outspoken and passionate advocate of making sure
that when you and I go and sign up for the Internet, we don't face
taxes for getting Internet service, and it has worked very well. That
law has always been an area of bipartisan agreement.
But there is a second law that has been proposed in this body but not
passed. The second law is the Internet sales tax, what its proponents
call the Marketplace Fairness Act. The Internet sales tax is not
focused on taxing someone just for signing up to the Internet. Rather,
the people being punished by the Internet sales tax are all the small
businesses trying to sell their wares online, and there are a number of
Senators who very much want to impose taxes on those small businesses
in 9,600 jurisdictions nationwide.
What is happening here, right now, is even though no one has serious
objection to the Internet Tax Freedom Act, we are, unfortunately,
seeing our colleagues from the Democratic side of the aisle hold that
bill hostage in an effort to try to force through the Internet sales
tax.
I would note the reason my friend from New Hampshire had no choice
but to object to the 2-month proposal is the 2-month time period was
not picked out of a hat. Two months means the Internet Tax Freedom Act
would expire during a lameduck session. And why is that? Because in a
lameduck session there are a bunch of Members who have been defeated,
who aren't going to face voters ever again. A lameduck session is the
session most likely to raise taxes.
So why is it there is an effort to extend this just 2 months? So when
the Internet Tax Freedom Act expires in the lameduck, the Members of
this body who lost their election and are immune from democratic
accountability will all come together and say: OK, now let's pass the
Internet sales tax. We shouldn't be holding the Internet hostage to the
rapacious desire of tax collectors.
A second point I want to make about what is going on here--this is
about discriminatory taxes, not about federalism. My friend, the
Senator from North Dakota, was a learned attorney general who talked
about the 10th Amendment and federalism. I welcome seeing friends of
mine on the Democratic side of the aisle embrace the 10th Amendment. I
look forward and hope aspirationally that friends on the Democratic
side of the aisle will embrace the 10th Amendment on other issues.
I would note, however, that the constitutional history we were told
was a little bit off, because if we look at the history of our country,
originally we had the Articles of Confederation. The Articles of
Confederation allowed States to enact discriminatory taxes against each
other, and it led to chaos. It didn't work. One of the reasons our
Constitution was adopted was to prevent discriminatory taxes, one State
picking on another State.
So when Congress was given the authority to regulate interstate
commerce, it is precisely to prevent a little mom and pop selling
online from being forced by 9,600 jurisdictions nationwide to collect
all of those taxes. If someone is living and working in the State of
Texas, they shouldn't have to collect taxes for New York or
California--for politicians they don't get to vote for. For politicians
they don't get any input on, they shouldn't be forced to collect their
taxes.
Indeed, for the approach of Members of this body who want to pass the
Internet sales tax, recall President Reagan's famous admonition:

Government's view of the economy could be summed up in a
few short phrases: If it moves, tax it. If it keeps moving,
regulate it. And if it stops moving, subsidize it.

Why don't we stop it at the outset? The Internet is moving. It is
generating entrepreneurial steam throughout this country. We haven't
been taxing it. Let's not start now.
The third and final point I will make about what this exchange is
about is, more than anything, this exchange is about crony capitalism.

[[Page 13816]]

I would note the Presiding Officer today has been quite passionate
discussing the corruption in Washington that favors big business. What
we just saw on this Senate floor illustrates that as powerfully as
anything that has happened this year. Because what is the Internet
sales tax all about? It is about a coalition of big businesses coming
together, both big bricks-and-mortar retailers and big online retailers
coming to their elected officials, saying: You know what. We don't like
competition. These little guys, these little upstarts, these single
moms who start businesses and compete with us, we don't like that. So
let's go to our friends in Washington--our friends, mind you, whom we
hold campaign fundraisers for, whose campaigns we contribute to--and
let's get the Congress to come together and hammer every small online
business we can.
That is what we are seeing. This is crony capitalism. This is a law
designed to benefit big companies and hurt small startups.
The beauty of our country is that anybody can come to this country
with nothing but a hope and a dream and a vision and achieve anything.
It is because the entrepreneurial vibrancy of this country gives the
little guy a chance. Yet I am sorry to say Washington more and more
behaves as though it is for sale to the highest bidder.
Right now, today, the top 1 percent in our country earns a higher
share of our income than any year since 1928. We ought to come together
in a bipartisan way and say: Stop being the handmaidens of big
business. Stop using government to make it harder for the little guy,
for young people, for single moms, for Hispanic and African-American
entrepreneurs. Stop making it harder for them to achieve the American
dream. Stop pulling up the ladder so the big companies can say: We have
got ours; nobody else gets theirs.
When big business comes to Washington and says: We want government's
help stifling small business, both parties should stand together and
say: Sorry. That is not what the Congress is for. We work for the
American people. But, I am sorry to say, what we just saw was a
powerful demonstration that this Senate right now is more interested in
preserving crony capitalism than it is in protecting mom-and-pops, in
protecting opportunity, in protecting Internet tax freedom.
But the great thing about our system is at the end of the day, the
American people don't work for the 100 Members of this body. It is the
other way around: All 100 of us work for the American people. And I
will tell you, the American people are getting fed up. They are getting
fed up with Members of both parties who spend more time giving in to
the corruption of Washington and entrenching power than they do
removing barriers to people achieving the American dream.
I am hopeful and confident that the voters are waking up, are
standing up, and will hold every one of us accountable. Democrats and
Republicans, every one of us, will be held accountable: Have you fought
to make it easier to achieve the American dream or have you simply
preserved the corrupt crony capitalism of Washington?
I hope we can together aspire to our better angels. I hope we can
come together and keep and preserve in a bipartisan manner Internet tax
freedom.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Madam President, to briefly respond to the Senator from
Texas.
Mr. CORNYN. If the Senator would yield for a unanimous consent
request.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. I ask unanimous consent that following the remarks of the
Senator from Oregon, the Senator from Kansas be recognized, following
that I then be recognized, and then Senator Sanders from Vermont would
be following me.
The PRESIDING OFFICER. Is there objection?
Mr. WYDEN. Madam President, reserving the right to object, just to be
clear: Senator Cornyn would speak next, and then Senator Sanders would
speak after him?
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, the unanimous consent would be the
Senator from Oregon, the Senator from Kansas, the Senator from Texas,
and the Senator from Vermont.
Mr. WYDEN. I withdraw my reservation.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Oregon.
Mr. WYDEN. Madam President, very briefly to describe where I think
the Internet tax debate is, we have Republicans and Democrats objecting
to what I happen to think is in the country's national interest, and
that is a permanent ban on Internet tax discrimination. So we have
Republicans and Democrats objecting to that.
Now my colleague from Texas comes forward and says: OK, let's not do
a 2-month extension because we don't want to consider this in the lame
duck session. But, colleagues, if you don't do the 2-month extension,
the Internet Tax Freedom Act will have expired and you are still in the
lame duck session. And by the time you get to the lame duck, millions
of Americans will be vulnerable to discriminatory Internet taxes.
I am going to close this discussion by saying that in my view neither
of the options is exactly ideal, because I think I made it very clear
after 16 years that I would like to make permanent the ban against
discriminatory taxes. Neither situation is ideal from my standpoint
because Republicans and Democrats both object to doing that today. But
what we know is that one option we have in front of us today is worse
than the other, and the really bad option is to not do a short-term
extension and leave millions of Americans vulnerable to discriminatory
taxes.
With that, Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MORAN. Thank you, Madam President.
I wish to speak for a few moments this afternoon on the topic of
veterans and veterans affairs, knowing, or at least expecting a vote
later today on a piece of legislation that has now been compromised
between the House and Senate versions of the bill, and something that I
look forward to supporting.

Honoring Herb Schwartzkopf

First of all, though, I wish to take a moment to honor a Kansas
veteran, a veteran who dedicated much of his life to serving our
country, whether that was on active duty in the Navy or advocating on
behalf of other veterans, Mr. Herb Schwartzkopf from Ransom, KS.
Mr. Schwartzkopf's many selfless acts began when he served in the
Navy in Vietnam. After separating from the service, he returned to
Kansas and joined the Veterans of Foreign Wars, the VFW, which he has
been a member of now for more than 35 years. He is considered a life
member of the VFW.
Last year the Hutchinson News asked Herb about his life and
dedication to serving his fellow veterans. His response was, ``I will
talk about the `V,' but I am not going to talk about me.'' The V is
Herb's beloved VFW Post, because he is a humble man who has
accomplished much and his priorities in life have been taking care of
his country and taking care of the veterans who have served his
country.
The countless contributions Herb Schwartzkopf has made over 35 years
of advocacy for veterans has earned him the highest honor bestowed by
the VFW, the All-American Commander of Post 7972 in Ransom, KS. Herb's
VFW post serves as a meeting place and a community service hub for the
Lions Club meetings and Thanksgiving feasts for the 296 residents of
his hometown. It is also a place for raising funds for local cancer
patients and victims, helping fund annual Honor Flights to come see the
World War II Memorial by Kansas veterans. The 160 members of Post 7972
complete more than 250 service projects and volunteer more than 4,000
hours a year.

[[Page 13817]]

His leadership at the VFW post has deservedly won the National
Community Service Post of the Year award five times, including 3 years
in a row for 2009, 2010, and 2011.
The Ransom VFW's success is a result of true selflessness. As Herb
put it: ``If something comes up and somebody needs help, we just try to
rise to the occasion.'' It seems only fitting that he has earned this
prestigious award as All-American Post Commander.
I pay tribute to him, to his post, his service to our country, and
his service to other Kansans, and thank him for that care and concern
for other veterans across the country. So I say thank you for your
selfless dedication. On behalf of all Kansans, we wish you well and we
are fortunate to have you as a citizen of our State and a citizen of
our Nation.

Toxic Exposure Research

I also want to speak about legislation today that has been introduced
by Senator Blumenthal and me. It is an issue that Senator Blumenthal
brought to my attention and today we have introduced the Toxic Exposure
Research Act of 2014.
We unfortunately live in a nation where men and women volunteer their
services to sacrifice and support us to have the strongest, freest,
greatest Nation in the world. When servicemembers raise their right
hand and take the oath of enlistment or commissioning, they commit
their lives to support and defend the Constitution of the United States
and to protect the freedoms we hold dear.
Standing by their side through combat tours and multiple duty
stations around the world is their family. We should and we must
acknowledge that their family members are being called to sacrifice for
our Nation as well.
The Toxic Exposure Research Act is about addressing the wounds of war
that might impact a servicemember's family--wounds that may not be
evident for decades later when it is passed on to the next person of
their family or the next generation. This legislation would provide for
the research on health conditions of dependents of veterans who were
exposed to toxins during their service to our Nation such as Agent
Orange in Vietnam, gulf war neurotoxins, burn pits in Iraq, or other
chemicals from recent conflicts overseas.
I am not a veteran, but my life has been shaped by the fact that the
Vietnam war took place during my high school years. Many of my
conversations in high school were spent talking to those who were a few
years older than I who were volunteering or being drafted, and for
those who returned home to my hometown after their service in Vietnam.
During Vietnam, many of our veterans were exposed to Agent Orange and
years later many veterans and their families are still struggling with
the side effects of that exposure. Agent Orange specifically has been
shown to cause birth defects in children of military members who came
in contact with the toxin during the Vietnam war. There are other
poisons from wars since Vietnam that have led to life-altering health
problems and painful tragedies among veterans and their families.
A story of Herb Worthington and his daughter Karen is compelling. Mr.
Worthington was drafted to serve in Vietnam and was exposed to Agent
Orange. Years after his service came to an end he suffered from many
conditions as a proven result of his exposure to Agent Orange. His
daughter has battled MS for more than 19 years and has been treated for
other conditions such as melanoma and an extremely painful nerve
condition. Her life has been handicapped by health problems and various
kinds of illnesses which must be studied in connection with the
exposure of her father and what he experienced with Agent Orange.
Stories like Mr. Worthington's and his daughter Karen's have been
shared all across the country in townhall meetings. I have heard them
in stories at home in Kansas and they have been collected by the
Vietnam Veterans of America. This is an issue that is important to all
veterans. It is important to all Americans that we live up to our
commitment to those who serve, and it is time we take necessary steps
to help and protect their families now and for generations to come.
Many people we will never know may be affected by the consequences of
their mother, father, grandmother, or grandfather's service to their
country. Clear evidence of unsettling conditions and those personal
stories warrant the need to collect data to research and study the
consequences of these toxins.
I invite my colleagues to learn more about these conditions and the
impact they are having on family members of veterans by checking out a
social media page, Faces of Agent Orange, through the Vietnam Veterans
Association, VVA. The fact is many symptoms from toxic exposure are
misdiagnosed in descendants of veterans because of lack of
understanding and lack of scientific proof.
I would ask my colleagues to join us in giving the authority to the
Secretary--the new Secretary we confirmed earlier this week--a tool he
needs so he can designate a VA medical center as a national center for
research on the diagnosis and treatment of health conditions of
descendants of individuals or soldiers exposed to toxic substances
during their service to our country, during their time as military
members.
This legislation would establish an advisory board of experts to
advise the national center and the VA Secretary with determining the
health conditions studied and those that are a result of toxic
exposure.
The Department of Defense has a role to play here in this research,
sharing incidents of military members who were exposed to substances,
to enhance the studies and outcomes conducted by the Department of
Veterans Affairs. Ultimately our hope is this medical research would
determine those conditions that are the result of debilitating toxins
and lead to appropriate support and benefits, cures and treatments for
family members.
Military families support our Nation in their love and commitment to
those who served in the Armed Forces, and they should not inherit the
painful residual wounds of war that put their lives at risk long after
the military operation is over. Toxic exposure research is a necessary
step toward making certain our military men and women and their
descendants will be properly cared for. It is also a step toward making
certain that those toxins are not used in a way that causes this to be
repeated again in any future war.
We must keep our promises to our veterans and to their families who
have made the greatest sacrifice for the sake of our country, our
security, our freedom, and our country's future.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.

Border Crisis

Mr. CORNYN. Madam President, later on today I expect we would be
voting on the emergency supplemental appropriation that the President
had requested to deal with the humanitarian crisis on the Texas border.
Over the past few weeks I have spoken about this and made several trips
down to the valley. I will be leaving tonight along with colleagues.
There is a bipartisan congressional delegation going down again to the
valley and to Lackland Air Force Base where about 1200 children are
currently being housed by the Department of Health and Human Services
pending their placement with their relatives in the country.
As part of this discussion we have been having in the search for
solutions to this unexpected flood of humanity in the form of
unaccompanied children coming across the southwestern border, many of
us are trying to figure out exactly what the cause of this flood is. In
fact, I think it is probably more than one cause. I think perhaps it is
the President's statements that he is going to defer action or refuse
to enforce our current immigration laws against a certain class of
immigrants that is known as the President's deferred executive action
order of 2012.
But there is also another cause that has been recognized on a
bipartisan basis, and this is a 2008 human trafficking law that passed
essentially unanimously in 2008, because we were

[[Page 13818]]

focused on one problem; that is, human trafficking, but the unexpected
consequences or unintended consequences of that created a business
model that is being exploited by the transnational criminal
organizations, or cartels, as they traffic in human beings coming from
Central America through Mexico up to the Texas border.
Together with my colleague in the House, Henry Cuellar, a Democrat,
we have introduced a bipartisan, bicameral reform, something we call
the HUMANE Act, and it has been cosponsored by people who have
supported the so-called Gang of 8 bill in the Senate and people who
opposed the Gang of 8 bill.
I raise that point to note that this isn't about comprehensive
immigration reform. We have a lot of work to be done. But this is
actually intended to solve this immediate problem right in front of our
eyes and to stop this hemorrhaging on our southwestern border. My hope
is once we address that problem, we can come together in a bipartisan
way and address the larger defects in our immigration system, of which
there are many. This is, simply put, an attempt to tackle a national
emergency.
Let me briefly recapitulate what I am talking about. Since October of
last year 57,000 unaccompanied children have been detained on the
southwestern border. Under current law--this 2008 law I mentioned--
these children are processed by the Border Patrol and they are placed
with the Department of Health and Human Services, as it turns out an
average of 35 days, and then placed with a family member in the United
States or, if not a family member, some sponsor.
Part of the problem is that they are given a notice to appear at a
future court hearing and very few of them appear. Thus, they are
successful in making their way from Honduras, El Salvador, or Guatemala
up through Mexico into the United States, and end up successfully
immigrating to the United States illegally, outside of our broken
immigration system.
What we need to do in order to fix that gap in the law, that loophole
which was unintended by those of us who voted to pass the 2008 law, is
to require that these children be held in protective custody and given
a speedy hearing in front of an immigration judge for those who want to
make the claim for asylum or some other relief. But the truth is the
vast majority of these children, like the adults, will not have a claim
to stay under existing law and our bill doesn't change that existing
law. But for those who do, they have a speedy opportunity to appear in
front of a judge and make that claim. Those who do not have a valid
claim will simply be returned to their home country, to their family.
This morning I was invited, along with Members of the House and the
Senate, to visit with the President about national security matters. He
talked about Ukraine, he talked about Syria, he talked about Gaza, and
all of the hot spots around the world. I used the opportunity to ask
the President what he proposed that we do when this emergency
supplemental bill goes down this afternoon.
The reason this bill will fail is because the majority leader simply
is asking us to appropriate money and do nothing to fix the problem we
have attempted to address in the HUMANE Act with Congressman Cuellar
that I mentioned a moment ago.
In essence, the President asked for a blank check, when he himself
acknowledged this morning in my presence and the presence of a
bipartisan group of Senators and Congressmen that he knows we need to
address this problem or it will just get worse if we don't address it.
It is quite remarkable to me that the President of the United States
acknowledges we have a problem we need to address. When the Secretary
of Homeland Security, who is trying to use the tools available to him
to solve this crisis but knows he needs more tools and more authority,
at the same time the President makes that acknowledgment, and at the
same time his Secretary of Homeland Security identifies the need for
additional authority in order to address the problem, the President has
reported he wants to actually expand this deferred action Executive
order he issued in 2012 and say to the people who are coming to our
country outside of our immigration laws: It is OK. You can stay here.
There are no consequences associated with that.
The problem with that is the message that is being sent to the
cartels who traffic in human beings and make a lot of money off of it--
like I said a moment ago, this is part of their business model--by
exploiting this loophole in the law.
What sort of message does this send to the families who would send
their children on this horrific journey from Central America through
Mexico on the back of a train called The Beast? They are willing to
send their children on this journey even though they could be injured,
sexually assaulted, kidnapped or held for ransom. We don't know how
many of them start the journey but don't make it because of the
horrific conditions by the criminal organizations, not to mention the
exposure to the hot weather and difficult environmental circumstances.
By failing to address the root cause of the problem, what we are
saying is: That is OK. Keep coming. Indeed, that is why it is projected
that of the 57,000 unaccompanied children who have made it here so far
and have been detained--by the way, they are not trying to evade
detection by Border Patrol. They are turning themselves in because they
realize they will be processed and placed with Health and Human
Services, and essentially, by and large, they will be able to stay.
That is what we need to address.
Unfortunately, the House tried to work together today to pass a bill
that would, I believe, have provided more money, as the President
requested--not as much as he requested, but an emergency appropriation,
together with the reforms to that 2008 law which would have addressed
this problem.
Unfortunately, because the House of Representatives could not get any
Democratic support, that bill failed and so the Speaker of the House
pulled the bill from the floor. As a result, they will not be able to
pass any legislation to send over to the Senate. That should not cause
any of our colleagues here in the Senate much joy because the fact of
the matter is the House has its independent duty to act and we have our
own duty to act, and we can and should do that this afternoon.
We should do what the House attempted to do, which is to pass a
slimmed-down appropriations bill on an emergency basis to help surge
resources to the border but at the same time find a way to come
together and plug the hole in this 2008 law, which is necessary to stop
the problem--at least on this surgical basis.
What is so confusing is to listen to the President talk in his
conference room at the White House about this and acknowledge the
nature of the problem, and then to see that the White House threatened
to veto the legislation that the House was considering. There are a lot
of mixed messages, to say the least, with regard to the President's
commitment to actually enforce the law. We know that in too many
instances he has simply refused to enforce the law, and our immigration
law is just one of those. But to hear such mixed messages out of the
White House and the administration that yes, we need to act--we should
not just write a blank check. We ought to do the policy reforms with it
that would solve the problem.
I will just add that in talking to Secretary Johnson--I don't think I
am disclosing any confidence he himself wouldn't repeat--there is
actually an earlier experience we had in 2005 and 2006 which I think is
very instructive and which we have discussed.
Secretary Chertoff was Secretary of Homeland Security when President
Bush was in the White House and we had a surge of people coming from
countries other than Mexico, so-called OTMs--in this case Brazilians.
In 2005, we saw a surge of 30,000 Brazilian immigrants at the
southwestern border. Upon investigation, they realized the reason we
saw a surge in these numbers was because of a policy known as catch and
release--colloquially.

[[Page 13819]]

In other words, people came to the country, were caught, given notice
to appear at a future court hearing, and they simply disappeared and
melted into the great American landscape, knowing they would
successfully immigrate illegally into the United States.
It is the same policy of catch and release that is causing this surge
of unaccompanied minors, not to mention single adults with young
children. We don't have adequate detention facilities for them, so they
are released, given a bus ticket, and told to come back for their court
hearing a year or more later. And they simply never show up.
We have all been noticing with great concern this humanitarian crisis
at the border and the conflicting and contradictory messages and
actions coming out of Washington, DC. So it was not really all that
surprising to me to see a new poll that was reported this morning where
68 percent of the respondents disapproved of the President's handling
of the immigration issue--68 percent. According to the Washington Post
this morning, no other single issue trumps immigration in terms of
Presidential disapproval. That is a shocking number.

Unfortunately, when I asked the President today: What
happens, Mr. President, when we leave for the August recess
and nothing happens to address this problem? He said: Well,
one thing we are going to have to do is reprogram money from
other programs and use that money to address this hole and
this surge needed at the southwestern border.

I was disappointed the President didn't say what I was hoping he
would say, and that is: I am going to call majority leader Harry Reid,
and I am going to tell him he needs to allow a vote on some of the
amendments we are going to offer, such as the HUMANE Act, on this
emergency supplemental, and give the Senate an opportunity to vote for
a solution and not just another blank check. Unfortunately, I didn't
hear that commitment from the President.
As a result, this afternoon we are going to leave this city and go
back home without doing anything to address what the President himself
has called a humanitarian crisis. The problem is just going to get
worse. As long as the magnet exists, as long as this business model
that the cartels have figured out continues to be lucrative and they
continue to make money exploiting it and we don't do anything to fix
it, the numbers will get worse and worse. And as we see children being
placed in literally warehouse-type settings around the country, we are
going to continue to see more and more backlash from the American
people as they realize the Federal Government is failing in its most
basic function, which is to secure our border and enforce our laws.
Unfortunately, this is what Presidential abdication of duty looks
like. The President identified a national emergency, but has done
virtually nothing to address it. Indeed, he said: We have a problem,
and we need to fix it. He then threatened to veto the very legislation
the House proposed would fix it.
This is what happens when a President openly and proudly is
contemptuous of his obligation to faithfully enforce the law of the
land by not only issuing an Executive order in 2012 that is beyond his
legal authority to do but also by saying that because Congress has not
done what I want them to do as far as reforming our immigration laws, I
am going to further expand my Executive order and refuse to enforce the
law with regard to more and more people. That is not a secret. It is
well reported in the newspapers and on television, and it is not lost
on the people who make money exploiting this system nor the people who
want to come to the United States outside of our immigration laws.
Sadly, I can only conclude that although the President plainly knows
what we need to do, as do his cabinet members, and although prominent
Democrats have plainly identified what we need to do to fix the
problem, when he doesn't demand that the majority leader allow a vote
and a solution to that problem, I can only conclude that he is
listening to his political advisers and not making the best judgment
that is in the best interest of the American people. I can't explain it
any other way.
So on in one last attempt this afternoon to address this crisis, I,
along with several of my colleagues, am introducing an alternative to
this blank check that the President has requested and Majority Leader
Reid will set for a vote. It will include many of the reforms I
mentioned earlier in the HUMANE Act, but specifically our legislation
would treat all unaccompanied minors the same under the law. It would
correct that loophole in the 2008 law that treats unaccompanied minors
from Mexico differently from unaccompanied children from noncontiguous
countries. It would give Federal, State, and local authorities the
resources they need in order to manage the crisis. It would improve our
detention capacity so we would end this catch and release which is
being exploited, and it would ensure safe repatriation by filing for
protective custody for all those children who don't qualify for an
immigration benefit under current law.
Our bill would prevent the Obama administration also from
unilaterally creating yet another deferred action program that would
further add gasoline to this fire and cause these numbers to continue
to grow and the humanitarian crisis to expand. In other words, our bill
would help resolve the current crisis and would help prevent a similar
crisis from occurring in the future.
Under the Senate procedures, the only person who can make the
decision whether the Senate will have an opportunity to vote on such a
reform is the majority leader, and he has already announced that he
intends not to allow us to offer that reform. So I expect we will end
up leaving here today having done nothing, in spite of the fact there
is bipartisan and bicameral recognition that we are experiencing a
crisis and the President and his own cabinet have identified the causes
but refuse to do anything about them. To me that is the very definition
of dysfunction and the very reason that the American people are
absolutely disgusted with the refusal of Congress and the executive
branch to do what we know needs to be done--and it is a tragedy.
I hope the majority leader will reconsider and give us a chance to
vote on this reform to help solve the problem, and then we can move on
and address other important problems that face our country.
I yield the floor.
The PRESIDING OFFICER (Mr. Markey). The Senator from Vermont.

VA Conference Report

Mr. SANDERS. Mr. President, I rise today in strong support of the VA
conference committee report, which I expect and hope will be on the
floor here in a couple of hours. That conference committee report was
passed yesterday by the House with an overwhelming vote of 420 to 5,
and I hope very much our vote here in the Senate will be as strong as
the vote in the House.
The conference committee legislation that we will be voting on,
frankly, is certainly not the legislation I would have written. I think
it is fair to say it is not the legislation that the chairman of the
House Veterans' Affairs Committee, Jeff Miller, would have written; it
is, in fact, a compromise, but it is a compromise I can strongly
support, and I hope all of my Senate colleagues will support it as
well.
This bill does a number of very important things to address the
problems facing the veterans of our country. Right now veterans in many
parts of this country are on very long waiting lists before they get VA
health care. I think in the last month or so the VA has made a
concerted effort to reach out to those veterans and to get them care
when necessary in the private sector, and I think Acting Secretary
Sloan Gibson did a good job in jump-starting that process and saying to
veterans we are going to do everything we can to get them quality care
in a timely manner. Obviously, this is an expensive proposition, but it
is one we have to address.
This legislation we will be voting on in a few hours provides $10
billion to make sure every eligible veteran in this country will get
timely health care, quality health care, and they will do that through
the private sector,

[[Page 13820]]

through community health centers, through Department of Defense
facilities, and Indian Health Service Clinics when those facilities
work for veterans. If there is a community health center in a
community, the veteran can go in there and the VA will pay that bill.
That is the effort we are making to significantly reduce these long
waiting lines.
This bill also provides a remedy for a condition many of us consider
to be terribly important, and that is it gets to the root of why it is
that we have long waiting periods in many VA facilities around the
country. The reality is that in the last 4 or 5 years we have seen, as
a result of the wars in Iraq and in Afghanistan, some 2 million more
veterans coming into the VA, a net increase of about 1.5 million
patients. That is a lot of people. There is not the slightest doubt in
my mind or in the mind of the VA that if we are going to do justice to
our veterans, we are going to need more doctors, more mental health
counselors, more nurses, more medical personnel in general, so that
when a veteran walks into a VA facility, that veteran will get quality
care in a timely manner.
I have heard testimony in the Senate Committee on Veterans' Affairs,
which was very clear, and what virtually every major veterans
organization has said is that when veterans get into the system, the
quality of care they receive is good. It is good. That is not just what
veterans are saying and what veterans organizations are saying; that is
what a number of independent surveys and studies show us. The problem
is access, and if we are going to on a long-term basis address that
access problem, it is important to make sure we have the doctors, the
nurses, and the medical personnel we should have. This bill provides $5
billion to make sure we get that personnel.
In addition to that, there are many facilities all over the country
where there are very serious space problems. There are not the
examination rooms doctors need in order to work efficiently, and this
legislation addresses that with a $5 billion appropriation.
In addition, there has been legislation passed in the House
overwhelmingly that says, quite correctly, we need to fund 27 major
medical facilities all over this country in 18 States and in Puerto
Rico, and this legislation does that as well.
In addition, what this legislation says--and this is mostly
applicable to our rural States--is that if someone is a veteran living
hundreds of miles away from a VA facility, when they are sick in the
middle of winter or in the middle of summer, they are not going to have
to travel hundreds of miles to get their physical therapy or to get the
health care they need. If a veteran is living 40 miles away from a VA
facility, they will be able to get their care in their community, again
through a private doctor, through a community health center, through an
Indian Health Service facility, through a Department of Defense
facility.
This is a big step forward for many veterans in rural communities who
will now be able to get care in the area they live rather than having
to travel long distances to get health care.
This legislation also addresses some other very important issues that
have not gotten a whole lot of attention but they are important, and I
will mention what they are. All of us know that one of the outrages we
have seen in recent years within the military is the very high level of
sexual assault against women and against men as well. This legislation
provides funding for the VA to increase their capability so women and
men who are sexually assaulted will be able to come into the VA and get
the care they need to address the problems associated with that
assault, and I think that is a very important step forward.
This legislation also takes action we should have taken some years
ago. The post-9/11 GI bill has been enormously successful in providing
educational opportunities for the men and women who have served in Iraq
and Afghanistan and people who have served since 9/11. There was a gap
in that legislation, and that gap was that a spouse of someone who died
in Iraq or in Afghanistan was not eligible for all of the educational
benefits of that post-9/11 GI bill. This legislation remedies that
omission. It expands the John David Fry Scholarship Program to include
surviving spouses of members of the Armed Forces who died in the line
of duty. That means many young women out there will now have the
opportunity to get a college education who otherwise would not have,
and I think we owe that to all of those people who have already
suffered so much.
This legislation also allows for veterans--all veterans eligible for
the post-9/11 GI bill--to qualify for instate tuition under that
legislation. This was part of a bill previously passed in the House,
and we are going to pass it in the Senate.
There is another provision in here which is very important. A program
which provides housing for veterans with traumatic brain injury was
about to expire. This legislation extends that program for a number of
years, which will be a real relief for people who were worried they
would be out on the street and not have adequate housing.
It has been from day one--from my first day as chairman of the
veterans committee--my belief that the cost of war in terms of what it
does to the men and women who fight our battles is a lot greater than
most Americans fully understand. We all mourn the 6,700-plus men and
women who died in Iraq and in Afghanistan, but we should understand the
cost of war is much greater than that tragedy. The cost of war is the
men and women who came home without legs, came home without arms,
without eyesight, loss of hearing; the cost of war is the 500,000 men
and women who came home from Iraq and Afghanistan with the signature
illnesses of this war, which are post-traumatic stress disorder and
traumatic brain injury. Those are the signature injuries of this war,
and we are talking about 500,000 men and women coming home with those
very serious problems. In fact, today--just today--and every day close
to 50,000 veterans are going to get outpatient mental health care in VA
facilities all over this country--close to 50,000.
It has also been my view that when we fully understand the costs of
war and the needs of the veterans and their families, it is absolutely
imperative that we do not make veterans into political pawns. We do not
say, yes, we are going to fund veterans' needs, but we are going to cut
Head Start, we are going to cut the National Institutes of Health or we
are going to cut education. That is absolutely unfair to our veterans.
A cost of war is the cost of planes and guns and tanks and aircraft
carriers--those are a cost of war. An equally significant cost of war
is the needs of men and women who fought our battles and who used those
weapons. What this legislation says and what the House just passed by a
420-to-5 vote is that taking care of veterans is in fact a cost of war.
The CBO has come up with some recent estimates which lower the costs
a little bit. But this bill will put close to--a little bit less than
$17 billion into VA health care over the next several years. There is
$5 billion in offsets from within the VA that I was comfortable with
that will bring the total cost of this package down to somewhere around
perhaps $11 billion. Is that a lot of money? It is a lot of money. But
that is the cost of war, and that is what happens when millions of
veterans come home and need the care they are entitled to receive.
As I mentioned a moment ago, the House passed this legislation by an
overwhelming vote of 420 to 5. I wish to thank Chairman Miller in the
House for the work he has done in getting that result. My understanding
is that in a few hours we will be voting on that bill, and I hope we
can pass this legislation with a very strong bipartisan vote.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri.

Israel

Mr. BLUNT. Mr. President, early this week I joined with Senator Boxer
to introduce the United States-Israel Strategic Partnership Act of
2014. This is an updated version of bipartisan legislation we
introduced in March of last

[[Page 13821]]

year. It is designed to help the economic strength, the security
cooperation between our two countries.
As of right now, Senator Boxer and I and 79 of our colleagues,
including the chairman of the Foreign Relations Committee, Senator
Menendez, are cosponsors, so 81 Members have cosponsored this
legislation at a very important time. I think it sends a message to the
world and it sends a message to Israel that our partnership is strong.
It sends the message that the Congress, starting with the Senate, is
committed to that partnership. It says that not only do we want to have
the kind of defensive understanding we have had so we have joint
defense agreements, so we have the kind of equipment and supplies
stationed in Israel that we need and use in a time of crisis or they
could borrow from us in times of crisis, but also the economic
partnerships in water, energy, in cybersecurity and other information.
Certainly looking at what is happening in Gaza, looking at the unique
relationship between our two countries, where at least two of the
members of the Israeli Defense Forces who have been killed in the last
few weeks have also been American citizens. Those two individuals,
along with a number of others serving in the defense forces for Israel,
backed up and supported by other Americans who go to Israel to support
the defense of their country--this is a particularly important time to
send this message. It is a message that there is broad agreement on in
a bipartisan way, with virtually 81 Senators agreeing.
I will turn to my friend with whom I have worked on this for 2 years
now, Senator Boxer, to make a unanimous consent request so our bill can
be done and this message sent to Israel and the world before we leave
this week.
The PRESIDING OFFICER. The Senator from California.

Unanimous Consent Request--S. 2673

Mrs. BOXER. Mr. President, Israel faces 100 rocket attacks a day from
a terrorist organization called Hamas. Israel is trying to cope with
getting rid of tunnels that have been built by this terrorist
organization, with one purpose: to send terrorists through those
tunnels so they can kidnap, torture, and kill Israeli citizens.
Mr. President, I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 492, S. 2673; that the bill be
read a third time and passed, and the motion to reconsider be
considered made and laid upon the table, with no intervening action or
debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Tennessee.
Mr. CORKER. Mr. President, reserving the right to object, I just want
to say the partnership Senator Blunt and Senator Boxer have on this
issue is one that I think is spectacular. I have talked to both of them
ad nauseam about this issue. Senator Blunt and I have had multiple
conversations this week. He is one of our great leaders in this body
and is always trying to find a way to come to a solution. Senator Boxer
and I have worked on another issue this week, and I cannot tell you how
much I have enjoyed working with her office.
This is an actual bill. This is not a resolution. In order to try to
expedite this being able to come to the floor before we go to the
August recess, we had scheduled a committee meeting here today, one
impromptu, but to go through the normal committee process. I thank
Chairman Menendez for his cooperation and willingness to do that.
As it was scheduled, it is my understanding that a number of Members
had amendments to this bill. I know for that reason--and I understand
this fully--the business meeting to actually have a markup in committee
was then canceled. I know the chairman of EPW has committee protocol,
and when committee members want to amend things they try to go through
that protocol. I know Senator Blunt, being the leader he has been in
the House and here, understands that process.
I am going to, over the next hour or so--I have a little time here--
check with committee members and see, relative to the normal protocols,
how they might feel about this coming directly to the floor. I just
tried to do that a minute ago, but knowing this is not the typical way
of doing things and knowing that people actually had some amendments--I
know there were some reservations about the visa waiver process and
other things--I am going to have to object. I do so with total respect
for these two Senators but also for respect for the committee process
we all try to work through together. So with that, I object.
I do not know how long we are going to be in this evening but----
The PRESIDING OFFICER. Objection is heard.
Mr. CORKER. I thank the Chair.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Mr. President, if you sense some emotion and anger in my
voice, I have it. I am shocked and deeply saddened that my friend would
come here and object, when for days and days and days he told me--he
told me--he would not do this. My friend told me he would not object.
This bill has the support of 81 Senators. To come here and object
that his committee, which I am so proud to be--as a matter of fact, I
am a senior person on that committee. My chairman is one of the great
chairmen of the U.S. Senate. We bent over backward. I wanted to offer
this on Monday with Senator Blunt. He was disappointed. I said: I am
talking to Senator Corker. We are trying to work together. Eighty one
Senators support this, and 1 Senator comes and says: Oh, it is a little
bit--we need to go to the committee. There is a war going on. Hamas has
put on its channel proudly showing terrorists going through tunnels.
This bill is absolutely critical. It is an updated version of the
bipartisan legislation we introduced last March. We worked for 16
months. We had issues with the visa waiver. We tried to take it through
the committee in May. They tried to attach amendments on Iran. We need
to work hard with the administration on the Iran issue. It is critical.
But there is a war going on. This bill is critical, and I am so
grateful to Senator Blunt and all of my cosponsors.
In passing this bill today, the Senate would send a clear and
unequivocal message. Let's be clear. We are leaving town. I do not want
to leave town, but we are leaving town, and we are not going to have a
chance, with all due respect to my friend, to take a look at this for a
long time. This is the time, on the way out the door, to send an
unequivocal message to our ally.
Hamas continues to escalate through those tunnels. We all mourn every
civilian life lost--every life lost on either side. Think about it. If
in our country we had rockets coming over here from Canada or from
Mexico or from the sea into our Nation, what would we do? What would we
do?
Concrete that was meant to build up Gaza--and I stood at that line
when Israel gave up Gaza, gave it up. I was proud they did it, and I
thought: What a chance for the Palestinians. I feel for them because
Hamas has taken over and they use that concrete that was meant to
rebuild for tunnels. I watched the video. I saw the terrorists go
through, proudly bearing their weapons, sneaking up on a post and
killing five Israelis. They tried to kidnap their bodies but they were
unable to do it.
So if not now, when is the time to pass this legislation? To say it
is bipartisan is an understatement. Almost the entire Senate is on it.
We all know there are a lot of important issues. My goodness. I am
going to be standing here and talking about a lot of them.
This is an emergency. That is why this United States-Israel Strategic
Partnership Act is so critical, including our assistance for the Iron
Dome missile defense system.
What is important in our bill is we increase by $200 million the
value of U.S. weapons we hold, we stockpile in Israel to a total of
$1.8 billion. At the rate these rockets are coming over, at the rate
these tunnels need to be destroyed, we need to act. We need to act. We
need to send a clear message to our friend Israel, and it sends a
message to Hamas.
I have to say, yes, we have a visa waiver program in here. Guess what
it does. It treats Israel the same way we

[[Page 13822]]

treat other countries. I will read the names of those countries:
Lithuania, Latvia, Hungary, Slovakia, Estonia, and the Czech Republic.
Why shouldn't Israel have that same opportunity? We worked on this
provision. I know my friend has problems, but we fixed those
provisions. We have given maximum flexibility on those provisions.
So I am sad--that is an understatement--I am distressed, I am shocked
and stunned that this afternoon, before we go out the door, with 81
Senators on a bill--a bill we actually passed a couple years ago, a
similar bill, and the House passed a similar bill--that I have a
friend, who is my friend--he is my friend--treating this Senator and
the chairman in a way that I think is so unfair and to me betrays all
the days that we talked about this, the weeks we talked about this, the
way we have fixed this legislation.
Most of all, I think it is a dark moment--a dark moment--when we
would walk away from this opportunity to take a stand against
terrorism.
I thank the Chair.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I would just like to say that, look, I do
not know what happened. We had a committee meeting scheduled today. The
Senator is right that I agreed not to object to this and also not to
offer any amendments in committee, and if it came through committee I
was perfectly fine with it being unanimously consented to.
For some reason, the Senator caused the committee hearing to be
called off. So she is exactly right, I would not be down here objecting
to something being discharged from committee had the committee meeting
not been called off.
I say to the chairman--I talked to him late last night. I thank him
for trying to make this process work in the right way, and I thank his
staff for being willing to set up a committee meeting today. But for
some reason, the Senator from California decided she did not want to
have the committee meeting.
I am sorry she is sad. I am a little emotional now that she would
suggest that I would agree to UC something, when I--yes, I will if it
comes through committee. I do not understand why the committee was
called off. But apparently the committee--the person sponsoring this
bill apparently does not want to vote on amendments other members want
to offer. Not me. I had no idea any members wanted to offer amendments,
by the way, but they did, and I am sorry this has not worked out
either. But that is the way it is. I have no idea why the committee
meeting was called off. I would love for the Senator to tell me that.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Mr. President, I think my colleague knows absolutely the
reason why. All this is just disingenuous. My friend knows--we
discussed it--that if we load down this bill with extraneous amendments
on other subjects it would never pass. We know that. I have been around
here a long time. I know how a bill becomes a law, and thank God I
learned it.
One thing I know. When you start loading down a very important piece
of legislation that is emergency legislation with unrelated amendments,
it is not going to be able to be done on the way out the door, and my
friend knows it. We have----
Mr. CORKER. Well----
Mrs. BOXER. Excuse me. I have the time.
My friend can get emotional about process. Be my guest. I am not
emotional about process. I am emotional about results. How would the
Senator feel if he had a terrorist group digging tunnels under his
cities? That is an issue separate and apart from our agreement we have
to have a good agreement on Iran. But you know when you start amending
these bills like that, they are not going to go through on unanimous
consent.
So I am disheartened, disappointed, saddened, and I think everybody
knows what has happened here.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, let me say one more time, I have no
amendments to offer to this bill. I was in no way going to load down
this bill with any amendments. I just asked that it go through a
committee process. By the way, if amendments should not be added to a
bill, typically what happens is people vote them down. I would assume
that had we had a committee meeting today--I know we had one scheduled
earlier today--extraneous amendments would have been voted down. But
with that, I am certainly, I can tell you at this point, ready to
dismiss this issue. I have no desire to try to call members of the
committee at this moment to try to resolve this. I am very disappointed
that the Senator from California would take liberties to say such
things that this Senator would come down and agree to a unanimous
consent without it going through committee.
I thank the chairman again for agreeing to do that. But it was called
off because there were amendments. I understand that. I really do. But
that is the prerogative. I think the Senator from Wyoming--standing in
the well--had an amendment he wanted to have heard. I have not even
seen the amendment. But that is what people do in a committee process.
Again, if they do not want it attached to a bill, what they typically
do is vote down the amendment.
But I am very disappointed in the comments by the Senator from
California. It looks as if this will not be heard. I am sorry.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. Mr. President, I came to the floor in the first
instance to support Senator Boxer's unanimous consent request on the
U.S.-Israel strategic partnership, which, as she has pointed out, has--
in this institution we do not very often get 81 Members to agree that
there is a course of action we want to take. She and Senator Blunt have
acquired 81 cosponsors--including me and a majority of the Senate
Foreign Relations Committee--to do exactly that.
Given the current situation in the region, I think the legislation
sends the right message at the right time. Israel clearly has a right
to self-defense. No country should stand by while thousands of rockets
are being launched at it and a terrorist organization next door digs
tunnels to funnel fighters into its country to kill its citizens. That
is what is happening.
Part of the effort of this legislation, the U.S.-Israel cooperation--
well, one example is an antimissile system called Iron Dome, which is
an example of what our two countries can do together--save lives
through technological advancement and defense cooperation. I think
these are incredibly important opportunities.
Beyond that, given the advances in shared achievement that have
resulted from this U.S.-Israel partnership, this bill authorizes the
President to further enhance cooperation in the fields of water,
energy, homeland security, agriculture, and alternative-fuel
technology.
But the U.S.-Israel partnership extends far beyond our excellent
security partnership. Senator Boxer's legislation does just that. It
authorizes increased, enhanced, and enriched cooperation that reflects
the critical importance of our bilateral relationship. It goes into
Israel's energy security.
Not long ago Israel was completely dependent on energy imports, but
given recent discoveries they may soon be energy independent. But they
need help. Thanks in part to work by Senator Landrieu, this bill would
help provide the technical know-how on how to regulate a responsible
natural gas extraction industry, how to charge and collect royalties,
and how to plan for distribution and export networks. In other words,
this bill can help make Israel an energy provider for the region and
for Europe, greatly enhancing Israel's energy security and forming
important economic ties with its neighbors.
There are a lot of reasons for the Senate to pass this legislation
and particularly to do so now.
Let me address the process question. The ranking member did ask me
late yesterday to have a markup. When we

[[Page 13823]]

talk about process, we called for a markup in short order, without the
regular timeframe, but also with what was, for me, an understanding
that there were going to be no amendments. It was going to be an up-or-
down vote on the legislation. If I had understood there were going to
be amendments offered, then we would have had to have a timeframe to
know what amendments they were going to be so Members could consider
what those amendments are and could judge them--not at the spur of the
moment when we sat down and convened a meeting but so they could make
an informed judgment.
Because it was a truncated process, which I was trying to accommodate
the ranking member on, and because I felt we were going to go through
basically an up-or-down vote, I called for the meeting. But then,
unbeknownst to us, all of a sudden we were told there were going to be
a series of amendments--amendments which were not even filed and for
which there was no timeframe and therefore would come at a moment's
notice when the meeting was convened and with no one having had the
opportunity to understand the nature, substance, or consequences of
those amendments. In my mind, that is not regular order.
So maybe there was a misunderstanding, but because there was a clear
understanding, from my perspective, to do it in an irregular fashion--
very short notice, with no amendment filing deadlines--but in order to
accommodate the concern that legislation should not come but through
the committee and onto the floor, I agreed to a special session, a
special business meeting. Unfortunately, I do not know whether there is
a misunderstanding of agreements here, but that is the nature under
which I agreed.
When I found out there were going to be all types of amendments,
including amendments that are extraneous to the subject matter, I
decided we could not do that in good order and in reasonable
conscience, so we pulled down the business meeting.
Let me say that I understand we have two concurrent resolutions
pending before the Senate on the use of human shields by Hamas and
supporting Israel's security. I support the substance of both of those
Republican resolutions. However, I am not willing to allow them to move
and provide lipservice to Israel's security when Members of the same
party are preventing us from taking real action to support Israel's
security by objecting to this bill, even though I do not question my
distinguished colleague, who has worked incredibly well with me over
the last year and a half, about what his concerns are about process.
But we can't have Members want to offer all types of amendments,
including extraneous amendments to this bill, and then say ``But we are
asking the chairman to release the resolutions on human shields''--
which I in substance support--``from the committee,'' but when we can
really do something for Israel, which is to pass this legislation, to
say ``No, we cannot go through this process because it is not regular
order.'' It is also not regular order to allow resolutions not to come
through the committee as well. I hope that maybe in the timeframe there
might be a way to consult with Members on both sides of the aisle to
see if there can be a resolution.
I do not judge anybody's purposes. But let me make it clear for the
record that, yes, we did have a special business meeting. It was out of
the regular order as to how we would call such a meeting and the
procedures we would have for such a meeting. But it was done in good
faith in order to accommodate the ultimate goal, which is passing an
incredible piece of legislation at an incredibly important period of
time.
I see my colleague wants to say something. I have something else to
say that is not related.
I will yield.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I want to say that everything the chairman
has said is absolutely correct. Of course, the committee can meet with
the consent of everyone willing to do so. I appreciate him and his
willingness to do that.
I will say one of the members--I am actually speaking through the
Chair to the chairman, if I could. I just had one of the members on the
floor walk by and share with me that he really was not going to ask for
a vote on amendments; he just wanted to share some thoughts but was
going to pull them.
I understand how the chairman would want to pull down a committee
meeting if there were going to be lots of amendments, and I assure you
I had no idea there would be any amendments. But I know some people
brought some forward. My sense is that there may not have been a desire
to have a vote on those, especially based on one of the Senators on our
committee just walking by and sharing that with me. So what I might do
in the interim is get on the phone and see if the committee members who
had amendments actually wanted a vote on those or just wanted to
express concerns. Maybe it is possible, within the time left, to handle
this in a way that works for all.
But I very much appreciate the chairman's willingness. I want to say
to him again that I had no idea people had amendments to offer.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. If I may through the Chair--I appreciate that.
Let me just say we were told there were amendments for the purposes
of votes. Maybe that did not end up being the ultimate intention of
some; others may have wanted votes. But I will say to the distinguished
ranking member that if there are colleagues who want to express a
reservation but are not seeking a vote, they would have the opportunity
to come to the floor. I am sure we could carve out some time under
which we could talk about what those reservations are. They would be
fully on the record, and we might find a pathway forward to being able
to cast a vote on this bill. But I will leave that for my colleague and
his conversations with his colleagues on the Republican side of the
aisle.
Mr. CORKER. I will close by saying that I think it is perfectly fair
for the chairman to say that if we can't have a bill like this
discharged on the floor, then other resolutions which sometimes do come
to the floor without going through committee because they do not have a
binding effect--I can understand why he would take that position.
But I really do appreciate the way the chairman has worked with me on
so many occasions. Again, I am disappointed in the comments that were
made earlier. But this is the understanding we have had. I think had
the committee process gone forward, we probably would not have had
votes. But we will just see.
I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Mr. President, before Senator Corker leaves the floor, I
want to make sure I understand because maybe there is a window of
opportunity to revisit this. I want to make sure I heard what he said.
It was my clear understanding--and the Senator said he does not know
why I thought this--that my friend would not object to this if it came
to the floor. I had staff conversations. I know the Senator is saying
after it came out of committee, but there were other conversations I am
privy to staff to staff. So let me say that.
Is it my friend's interest to go and talk to Senator Barrasso in
particular--a friend of mine--and see whether he was just going to use
these amendments as talking points? If, in fact, he was not going to do
that, call for a vote, and he stands down, would my friend allow us to
get this done tonight just given the moment in time in which we find
ourselves at this late hour?
Mr. CORKER. Well, I would say that every time I get a sense I want to
do that, the Senator from California says something that challenges the
integrity of another Senator, so it makes me not wish to do that. So I
don't know.

[[Page 13824]]

I will say that I am going to leave here and take into account--I
have always understood that if it went through the committee, even
though there are some issues I have with this legislation, because of
the fact that we have so many cosponsors, I do not want to be one
Senator who holds up a piece of legislation. I want the will of the
body to work. I always have. But I did want it to go through the
committee process, and it was called off.
I wish the Senator from California would quit saying things that I do
not believe to be the case. We tried to make it go through the right
way today. I really did. I appreciate so much the chairman and the way
he works with me in that regard. But we will see. I get disappointed
every time another word is said about this, and sort of characterizing
not the way I understand we were going to do this. But we will see. I
appreciate everybody's time.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. I would say to my dear friend and distinguished ranking
member that I know how he feels about his integrity and the process. I
respect that. Only because the stakes are so high are the passions so
strong with what is going on with Israel right now. So I would urge my
distinguished ranking member to maybe have that informal survey with
members and see if there is a way in which reservations could be
expressed, and we might be able to move this legislation on the floor.
I have worked with the Senator other times and on other issues and we
have worked with each other, and I hope this might be a moment in which
we could actually achieve that as well. I have nothing but the greatest
admiration for the Senator's work and cooperation.

Supplemental Appropriations

I wish to move to another equally important topic and in part respond
to my colleague from Texas. That is the question of the supplemental
and the comments made that we are unwilling to do what the House has
been incapable of doing so far--at least the last time I checked. I do
not know if something has happened since I came to the floor, but the
House has been incapable of even sending what they viewed as their
supplemental.
I do not know exactly why we would be blamed for not voting on
something the House has not even passed, No. 1.
Yes, there are many of us who will oppose what the House is sending
because, No. 1, it doesn't even provide the resources necessary for an
emergency--an emergency of unforeseen dimension: a refugee crisis and a
humanitarian crisis that needs to be dealt with.
When we look at the proposals that are contemplated in the House, not
only do they not fund appropriately to meet the challenge, they
misappropriate how they are going to do funding to meet this crisis.
I don't know that we need to militarize the border, because no one is
threatening the border so far as the consequences of any violence. I
don't know that a National Guardsman with a rifle is necessary against
an 8-year-old. I really don't. We heard our colleague from Texas say:
Well, these children are actually submitting themselves to the Border
Patrol, not trying to flee them.
So part of what the House of Representatives wants is to spend
millions of dollars for the National Guard. I would rather spend it on
the Border Patrol, not the National Guard. We don't need to militarize
our border.
I would like to make sure that when a child does come over, having
fled 2,000 miles because they were raped or a child was told by the
gang to join us or die or a child who saw their father or mother killed
before them and thought they would be the next one--that if that
happens to be the case for that child, that they would have the
opportunity to make their case, and they can't do that in 72 hours.
I was at the same meeting earlier today with the President, which was
really about national security. But the Senator from Texas raised this
question--and it is a legitimate question to raise--and I didn't hear
the same response in the context that the Senator from Texas
characterized that response.
The President said there has to be due process; but yet we need to
find a way to try to accelerate that process but within the context of
due process, and not to strip away the law that was passed in a
bipartisan process and signed by a Republican President because he
understood, as did the Congress at the time, that if you flee 2,000
miles and actually get here, it must be a lot more than an economic
refugee. It must be because you have a credible fear of the loss of
your life or your safety. That is what is at stake here.
Now, it boggles my mind that we cannot get a successful vote. I don't
know if we will or we won't, but I get a sense from what I hear from my
Republican colleagues that they won't cast a positive vote for the type
of supplemental that would give the resources to meet the challenge. To
do what? To put more people on the border in terms of Border Patrol. To
do what? To create more immigration judges, to create more prosecutors.
What are they going to all do, coddle the child? No. They are going
to be enforcing the border--the border in States where some of my
colleagues seem to be the biggest opponents of the supplemental. I
don't get it.
Now, I have never voted for a supplemental that is enforcement only,
but I am ready to do it because this is an emergency. I understand the
gravity of the situation, both on the human side as well as the
national security question. But I can't fathom, for the life of me, the
views that say: No, let's vote against the money and create a crisis
which basically is going to leave us in a situation in which, if we do
not pass the supplemental prior to leaving on this recess, monies for
the Department of Homeland Security and Department of Health and Human
Services for these purposes will run out. The crisis won't have been
abated, but the situation will continue to exist and the monies will
have run out, which means what the President said: Well, I am going to
have to reallocate resources from within those Departments for other
purposes; which means that other national security, homeland security,
and other health issues are not going to have the resources to meet the
challenges they are presently meeting. That is not in the collective
interests of the country.
So I am strongly going to support a supplemental that I would have
never voted for because of the emergent nature of what we have. But at
the same time we can't be about putting the National Guard at the
border. It can't be about militarizing the border when there is no
military threat, and it cannot be about stripping a law that was passed
in a strong bipartisan vote and signed by a Republican President
because they understood the nature of the potential challenge and they
understood the very essence of a child fleeing 2,000 miles and having a
shot--only a shot, no guarantee--that they in fact make their case.
That would send a message across the globe, as we are telling other
countries in the world--in Africa; in Jordan, where we tell them to
handle the Syrian refugees; in Turkey, where we tell them to handle the
Syrian refugees; in the Dominican Republic, when there was the
hurricane and we said let the Haitians come on over--we can't handle
the humanitarian needs of children who have a credible sense and a
credible case about fear for their life. Not every child will have that
case, and those will be deported. But not every child should be
automatically denied either.
Mrs. BOXER. I wish to engage with my friend in a bit of a colloquy
here.
I listened to the Senator from Texas, Senator Cornyn--who is working
to try to solve these problems--lament the fact that Democrats in the
House would not go along with the Republican version of this emergency
appropriation. So I went back and I asked my staff to detail--and my
friend did that.
I want to make sure that he agrees with what I think basically was in
there: First of all, a change in the 2008 law that President George W.
Bush signed, written by Senator Feinstein and others--quite
bipartisan--to treat

[[Page 13825]]

these children with human dignity and ascertain that in fact they had a
real problem. If they didn't have a real problem, send them back home;
and if they did have a real problem, make sure they were safe here. So
that was in there. Then, as my friend said, the National Guard piece
was in there.
Now, what is really interesting is these children are coming over,
and they are saying to the Border Patrol: Take me.
So I don't mind having the National Guard at the border if we really
have to defend, et cetera. I have come after that in the past.
But it just seems to me--and my friend made the point--it is one
thing to put Border Patrol on and it is another thing to send down the
military to face off with these children.
The other thing is, of course, they strip down the money dramatically
so that these kids may well have to remain in some of the worst
conditions in these customs facilities.
Now, the question I really want to talk to my friend about is this. I
researched this today and asked to find out, every year, how many
foreign nationals become legal residents under current law even without
changing our law. We know the immigration bill didn't pass over there.
It is 1 million a year. Every year, we take 1 million foreign
nationals, and they become legal residents in America.
Doesn't my friend believe that since we take 1 million people a year
in legally, we can deal with 56,000 children, that we can do that, that
we have the capacity to do that? We know, if it follows trends, that
most of them will be placed with relatives or caring friends, a few may
not be, and some will be sent back.
But doesn't my friend believe, in this great Nation of immigrants--I
am a first-generation American on my mother's side. My mother was born
in Europe and her whole family escaped before the Holocaust. I don't
think there is anyone in this Chamber, unless they are Native American,
who can say truly at one time their relatives weren't immigrants.
My friend is so eloquent on the point. We handle 1 million foreign
nationals becoming permanent legal residents every year. Don't we think
America has the capacity to handle 56,000 children?
Mr. MENENDEZ. I appreciate my colleague's point. I would say America
certainly has the capacity to give the legal opportunity for those
children to make the case that they have asylum. And when we fail to do
so, I think we undermine our own principles. We undermine our own
history, we undermine our own legal obligation under existing law, and
we also undermine our standing in the world when we ask others to take
in refugees but we say in our case that we cannot.
Mrs. BOXER. I thank the Senator.
Mr. MENENDEZ. Madam President, I yield the floor.
The PRESIDING OFFICER (Ms. Hirono). The Senator from Utah.
Mr. LEE. Madam President, before I get on to my remarks regarding
immigration, I wish to echo briefly the sentiments expressed by my
friends, Senators Ayotte and Cruz, who spoke on the floor earlier this
afternoon.
I believe the Senate should immediately take up and pass the
Permanent Internet Tax Freedom Act--a bill that cleared the House with
a bipartisan voice vote and 228 House cosponsors--instead of
manufacturing a crisis with a short-term extension that will let this
very popular, very bipartisan policy be taken hostage.
The situation at the border is indeed heartbreaking. Tens of
thousands of single adults, families, and children have made an
incredibly dangerous journey north from countries such as Guatemala,
Honduras, and El Salvador. They are leaving these countries because
they offer too little opportunity and are mired in poverty and
violence. No one begrudges them for wanting to find a better place to
live.
Americans are compassionate and they are generous. The American
people have always extended and always will extend a helping hand to
every other corner of the world. And even as the number of illegal
border crossings has exploded over the past year, we have treated these
individuals with dignity and respect.
Today we have on our southern border a multifaceted crisis that faces
the entire country. But President Obama is not interested in solving
the humanitarian problem or the security problem or the legal problem
or the fiscal problem. He is interested only in solving a personal
political problem--avoiding blame for this crisis which he himself has
created.
For years the President's clear message to the world has been that he
is not interested in enforcing or fixing America's immigration laws. He
is unconcerned about strengthening our border, improving our entry-exit
system or bolstering the workplace verification. He has made no effort
to fix our visa system so that we have an efficient process to serve
immigrants trying in good faith to obey the law. He has ignored serious
immigration reforms that would solve these problems.
So what has the President been doing on immigration? Systematically
undermining the rule of law by ignoring the laws that are already on
the books, taking action he has no authority to take, and blaming
others for the consequent failures.
That is what has led us here today, considering what hypothetical
actions Congress can take to address the real crisis the President has
created.
But the solutions to this immediate crisis and our longer term
immigration needs as well begin with the President finally enforcing
the law. There is no amount of money that Congress can spend. There is
no new law that can solve this crisis if the President and the
leadership of his party continue down their current path.
There are several steps the President can take immediately that do
not require any action by Congress or another dime from the American
people.
He can stop abusing what he refers to as ``prosecutorial
discretion.'' He can end the DACA program, which provides
administrative amnesty and work permits to those who enter the United
States illegally as minors. He can close the door to any further
expansion of DACA to millions of additional adults. And he can signal
his commitment to this solution by quickly returning those who entered
the United States illegally to their home countries.
But by announcing to the world--the entire world--that he will not
enforce laws requiring DHS to process and return those who come here
unlawfully, the President is encouraging hundreds of thousands of
children and adults to make this very dangerous journey to come to the
United States illegally. He is encouraging families to pay coyotes
controlled by drug cartels thousands of dollars to smuggle their
children into the United States. That is truly the humanitarian crisis.
The President's threats to widen the scope of DACA are only going to
make this crisis worse. That is why I agree with my friends Ted Cruz,
Jeff Sessions, David Vitter, Jim Inhofe, and Mike Johanns that at the
very least we must take steps to prevent the President from providing
any more Executive amnesty.
I understand the desire for Members of Congress to want to pass some
kind of legislation. Members want to be able to go home to their
constituents over the August recess armed with talking points that
suggest they have done something about the border crisis. But I would
argue that the bill before the Senate today is just a distraction from
the true cause of and true solution to the crisis.
Congress could send the President a bill with billions of dollars in
aid and multiple policy changes, but none of these will work unless the
President makes a commitment to enforce our laws and secure our
southern border. Congress could do that, but none of it will work
unless Congress does what needs to be done.
As with so many bills Congress takes up these days, this legislation
does not solve the American people's problems; it only solves
Washington's problems.
President Obama already has the authority to correct the failed
policy, to restore the rule of law to our immigration system and solve
the crisis on the border. He just doesn't want to, and the American
people are paying the price.

[[Page 13826]]

One of the reasons we have a constitution of separated powers is that
when Presidents try to be legislators too, they tend to be bad at both
jobs. The crisis on the border is of the President's own making, and
its solution is already in his own power.
I stand ready to work with the President and members of his party to
craft solutions to these problems--we all do--but until President Obama
enforces the laws he is sworn to administer, those solutions will
remain out of reach.
For all the good intentions, all the good will, with all the
compromises in the world, Congress cannot do its job until the
President finally does his.
Thank you, Madam President.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. CARPER. Madam President, I ask unanimous consent that once I
finish speaking--I will talk for less than 10 minutes, and I ask that
the senior Senator from Utah, Mr. Hatch, be recognized next.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARPER. Madam President, I would like to say to the Senator from
Utah, who is a dear friend and the ranking Republican on the Finance
Committee, that something magical happened here about 48 hours ago
right here in this Chamber. What happened is we saw the Senate evolve
in a very good way. We saw Senators bringing amendments to the floor,
Democratic and Republican. We saw them having a chance to offer
amendments, debate the amendments, and get votes on the amendments. And
it was on an important issue. The issue was how we were going to
provide and fund the transportation system for our country, which
includes roads, highways, bridges, tunnels, transit systems, and more.
At the end of the day, 79 Senators, Democratic and Republican, a
majority of Republicans and Democrats, voted to say we would like to
make sure we don't run out of money in the Federal transportation trust
fund this year. We are going to replenish that trust fund but not for a
year or a year and a half but for a relatively short period of time--
until the end of the year, really until the end of December. Why would
we stop there? It is because we believe that if we keep on going--for
example, one of the proposals coming over from the House was to fund
the transportation program until maybe next May or next June. Our fear
and the fear of 79 Senators who voted--I think with their conscience--
our fear was that we will get to next May 31 and say: Well, we can't
make these votes. It is too tough to pass a 6-year transportation
program for our country. Let's just cobble together enough revenues
from disparate sources that have nothing to do with transportation, do
what my friend Senator Bob Corker calls generational theft and steal 10
years' of revenues and use it to fix highways and bridge problems for 3
or 4 or 5 months. That is what we have been doing for the last 5 years.
We have done it 11 times.
What we have done is we said to Governors and State departments of
transportation and others who are trying to build highways, roads, and
transportation highway systems: We are going to give you a little bit
of money, and you can count on it for a couple of months. If it runs
out, we will try to do it some more.
Stop and go. It is hugely inefficient. It is hugely inefficient. I
speak as on old Governor--not that old--as a recovering Governor, a
former Governor, and have some idea of all the work put into these
projects. Take, for example, when you plan your highway, bridge, or
transit system. You have to plan the project, you have to fund the
project, you have to contract the project, and you have to get permits
for the project. It takes years. And providing that we have the
revenues--or won't we--will the Federal Government be there as a
partner? The kind of system we have is wasteful--or at least the kind
of system we have shown in recent years.
A bunch of us say: Why don't we Senators--Democratic and Republican--
do our job and fund a 6-year transportation program for our country?
For the most part, I think for myself and for many, why don't we stop
using sources of revenue that have absolutely nothing to do with
transportation? Why don't we just stop taking money from the general
fund, which borrows money from China and all kinds of other places
around the world? Why don't we fund it ourselves? For projects that are
worth having, we ought to pay for them.
Last Tuesday night, 2 nights ago, this Senate worked, and it was a
joy to behold. At the end of the day we passed and sent over to the
House of Representatives legislation that said we are going to not let
the transportation trust fund run out of money this year. We are not
going to kick the can down the road. We will keep this on a short leash
and make sure that when we come back after the election, we will be
likely to actually fund a 6-year transportation program.
It is a smart approach and a principled approach.
I want to say a big thank-you to a couple of people. I want to say to
Senator Bob Corker, the Republican from Tennessee, and Senator Barbara
Boxer, Democrat from California, who chairs the Environment and Public
Works Committee on which I serve as the chairman of the Transportation
and Infrastructure Subcommittee, I thank you for your leadership. Thank
you for standing up for doing the right thing.
Andrew Jackson used to say, ``One man with courage makes a
majority.'' Mr. Jackson, I would like to say said one woman with
courage makes a majority. But in this case we had a courageous
Republican from Tennessee and a courageous Democrat from California,
and they let me draft it. The three of us put together this proposal.
We worked with Senator Ron Wyden, who chairs the Finance Committee. We
appreciate very much his support for our proposal as well.
At the end of the day, 79 Senators said it was the right thing to do.
It went over to the House. The House, to my disappointment--not to my
surprise but to my disappointment--said: No, we are going to strip off
what the Senate has done in a bipartisan way, and we are just going to
go back to what we sent to you some time ago--which, I must say, is not
likely to get a 6-year transportation program funded anytime soon--not
this year and probably not anytime soon. They said that to us.
But there is good news. There is good news. Seventy-nine Senators--
again, over half of the Republicans and almost all the Democrats--said:
We want to do our job and we want to do it this year. We want to fully
fund the transportation plan for the next 6 years.
That is what the people want us to do. That is what State and local
governments want us to do, what mayors and Governors want us to do.
People who work and build roads, highways, bridges, transit systems--
that is what they want us to do. Contractors, the business community,
labor unions--that is what they want us to do. Do our job. And we are
prepared to do it.
The good news out of all of this is 79 of us are prepared to do that,
and I suspect some others who may have voted the other way Tuesday
night are prepared as well.
I thank Bob Corker and Barbara Boxer and Ron Wyden and others who are
part of this vote of 79 for the leadership they provided.
I want to say to my friend Senator Orrin Hatch, whom I love and love
working with and with whom I am pleased to serve on the Finance
Committee--I have admired him forever--that when we come back into
session after the election, the lameduck session, my hope and prayer is
that we will all be able to work together and get this job done. I know
Senator Hatch, and I think he is the kind of person who will help get
it done.
Let me close with this thought, if I could, and then I will yield to
the Senator from Utah. To my pleasure, one of the things that happened
during the last several weeks and months was the establishment of a
broad-based coalition of business, labor, State and local governments,
all kinds of organizations and people who came together and said: Do
the right thing. They told us to do the right thing. They have been
terrific supporters and have encouraged our

[[Page 13827]]

colleagues, Democratic and Republican, to join with Senators Corker,
Boxer, Wyden, and me to do what we did Tuesday night.
That coalition is not going away. They worked the House of
Representatives very hard in the last 2 days,--the last 48 hours--and
they are not going away. When we come back here after the election,
they will come back strong, and we will too. We are not going to go
away on this issue.
One of the most important things we do as Senators and
Representatives is to provide a transportation system that is worthy of
this country. It helps with the movement of people and goods that we
need to be a strong and efficient economy and nation.
I will close with the words of Mark Twain. I used them the other
night, and Senator Hatch has heard these words before. The words of
Mark Twain all those years ago: When in doubt, do what is right. You
will confound your enemies and astound your friends.
Seventy-nine of us the other night did what we thought was right and
what I am sure was right, and we are going to come back in a couple of
months and we will have a chance to have our colleagues join us and
really, as a whole body--hopefully with the House of Representatives
and the President too--do our job, make sure we have the roads,
highways, bridges, and transportation systems we need in this country.
Again, my thanks to the Senator from Utah for letting me ramble on a
bit, and I want to express once again my admiration for him. I look
forward to working with him not just on this issue but on many others
in the years to come.
With that, Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. I thank my dear friend for his kind remarks, and I
understand how much zeal he has for the things he does here on the
floor. He is a fine man, and I really appreciate it.
Madam President, earlier today--just a little while ago, in fact--the
House of Representatives once again passed legislation extending
funding for the Federal highway trust fund. This is the latest step in
the process for which the final outcome has been known for some time.
The bill the House passed today is virtually identical to the one they
passed last week. It is basically the very same bill.
Earlier this week the Senate passed its own version of the highway
bill and sent it to the House. Of course, we did so knowing full well
the House would not accept the Senate bill. I don't think there was
ever any real doubt in this Chamber as to what was going to happen, but
in my view it is good that the Senate acted.
I was particularly pleased to see that the version of the highway
bill reported by the Senate Finance Committee received such strong
bipartisan support when it came up for a vote. Senator Wyden and I
worked hard on that bill. The effort was bipartisan from the outset,
and in the end we produced a product that both parties could support.
Of course, I was a little less pleased that the Senate on the very next
vote opted to strike the Finance Committee's language and replace it
with what is, in my view, a less viable vehicle for funding the highway
trust fund, but in the end that is the direction a majority of the
Senators decided to go, and I accepted it and am proud of everybody who
participated.
As I said, it is good that the Senate acted. But now the House has
acted again. It is good that the Senate had some amendments for a
change, and I think we all felt good about that. I felt a renewed
spirit in the Senate because of this since it had been a year without
having real amendments in a real process. Of course there were only
four of them, but compared to what we have had over the last year, that
still was an amazing occurrence. But now the House has acted again, and
although there are likely to be a number of Senators who do not like
the House bill, there doesn't appear to be enough time for the Senate
to try once again to go in a different direction.
As we all know, we are on the verge of a crisis with regard to
funding for the highway trust fund. Congress needs to act immediately
to prevent a shortfall in the trust fund and to ensure that the States
can continue to plan and implement their highway projects. Thousands of
jobs are at stake. If Congress doesn't pass a bill and get it to the
President before we leave for recess, we will be doing a great
disservice to a lot of people. We all know this. It is not a secret. It
is not a surprise.
As far as I can see, the only viable solution before the Senate today
is to take up the House bill and pass it as is. Once again, we have all
known this was the most likely outcome for some time now. It is time we
accept it and move on. That is not to say that I am disappointed that
we have to pass the House bill. As I said a number of times, if you
compare the House bill with the one reported by the Senate Finance
Committee--which, once again, received broad bipartisan support when it
was voted on in the Senate earlier this week--you will see that the
bills are not all that far apart in terms of policy. The core funding
mechanisms are the same.
The principal difference is that the Senate bill raises some revenue
through some tax compliance provisions that are not in the House bill.
The House bill goes a little further on pension smoothing than the
Finance Committee bill does, and this has brought heartburn to a number
of us in both bodies.
These are not fundamental differences. Any Senator who supported the
Finance Committee's bill should be able to support the House bill,
which is a good thing, because as I said we don't have many other
options if we want to get this done before the recess.
I plan to support the House-passed highway bill. I urge all of my
colleagues in the Senate to do the same.
Finally, I wish to take a moment to address a major setback we
encountered with regard to the temporary highway extension that passed
in the Senate earlier this week. As we learned yesterday, the Senate-
passed bill has a shortfall of about $2.4 billion due to a drafting
error. Some have suggested that this error originated in the Finance
Committee's version of the legislation. However, anyone who takes the
time to compare our language with that of the subsequently passed
substitute amendment will find this is not the case.
I am not here to point fingers or try to embarrass anyone, but I will
say these are the types of mistakes that happen when tax policy is
written outside of the tax-writing committee, and we should all be
careful of that.
The Finance Committee has an open and transparent process that allows
for all of our numbers to be scrutinized well in advance. The committee
has all the necessary expertise at its disposal to prevent these types
of mishaps.
I am well aware that mistakes happen. I would just like to suggest
that fewer of these types of mistakes will happen in the future if the
Finance Committee is allowed to do its work when it comes to writing
tax policy. That is all I have to say on that matter.
Once again, we are at a critical juncture. We need to get a temporary
highway bill over the finish line. As far as I can see, the only way to
do that is for us to take up and pass the House bill. As I stated
earlier, this should not be a difficult lift. I think we can get this
done in short order.
It was a lot of fun to be on the floor--for the first time in about a
year--where anybody who wanted to at least had a shot at being able to
bring up an amendment for a vote. Four of our colleagues did get
amendments up, and they were thrilled. Isn't it amazing we were
thrilled about something the Senate ought to be doing every time we
bring up a bill? We can get both sides together on a limited number of
amendments, but we should not have either side demanding to approve or
disapprove the amendments in advance, and that has been happening all
too often in the Senate with the way it is being run.
I love all of my colleagues. I love my friends on the other side.
There is no use trying to kid about it, I care for everybody in this
body, and I cared for everybody I have served with. I admit

[[Page 13828]]

that occasionally there have been Members whom I cared a little less
for than most of the others, but the fact is this is a great body. We
have had some great people on both sides of the aisle over the 38 years
I have been in the Senate.
We need to allow our committees to work. Let's allow our individual
Senators to work too. Let's understand that we don't all come from the
same State or the same jurisdiction. Each of us has a desire to
represent his or her jurisdiction in the best possible manner. Frankly,
we need to get this Senate back to where it is the greatest
deliberative body in the world rather than just something that is run
for the benefit of the majority. I don't want it to run for the benefit
of the minority either.
We can get together--just as we did on this bill--and do much better
around here than we have been doing. I hope that as we go into the
future, everybody in this body will want to work better together and
quit playing politics with everything.
We understand this is a political body, and we understand there will
be politics played from time to time. It is kind of fun sometimes but
not on everything, and especially not when it prevents what the Senate
is truly all about, which is wide-open debates and wide-open
amendments, and we certainly need to find a bipartisan way of working
together.
I particularly enjoyed working with Senator Wyden. He has made a
distinguished effort to try to make things as bipartisan as he can, and
that is hard to do around here anymore in both the House and Senate.
The House is supposed to be a body that fights over everything, I
guess, because it is a majoritarian body. But even then the House has
had many Democratic amendments they could have stopped. While they have
had many amendments, we have basically been stopped from being able to
act as the Senate should act, which is to allow people the right to
bring up their amendments and try to make points that maybe all of us
would do well to consider from time to time.
I am grateful I am a Member of this body, and I am grateful for the
people I have served with all these years on both sides of the aisle.
In all the time I have been here, there were only two people whom I
thought had no redeeming value. I should not have said that, I guess,
but there were two people whom I thought truly didn't have the Senate
at heart and truly didn't do what I thought they should do. I have
loved all the rest and appreciated them very much.
I appreciate the leadership on both sides, but I just hope we can get
past all of this bickering and start running the Senate as it has
always been run. A lot of it started when you break the rules to change
the rules, and this is what happens. It was a real mistake on the part
of the majority to do that. They might not think so because they are
packing the Federal courts with judges--most of whom would have gotten
through. About 98 percent of the President's nominees were getting
through and very few were even contested. The fact is that some have
gotten through and others should never have gotten through to the
Federal bench, and it is because of breaking the rules to change the
rules. It is not right for either side to do that, but it has been
done. Let's overcome it, and let's be the most deliberative body in the
world today, and I think we can do it.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Kaine). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
All postcloture time having expired, the question is on agreeing to
the motion to proceed.
The motion was agreed to.

____________________

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2014

The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 2648) making emergency supplemental
appropriations for the fiscal year ending September 30, 2014,
and for other purposes.

Amendment No. 3750

Mr. REID. I have an amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 3750.

The amendment is as follows:

At the end, add the following:
This Act shall become effective 1 day after enactment.

Mr. REID. I ask for the yeas and nays on that amendment.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second.
The yeas and nays were ordered.

Amendment No. 3751 to Amendment No. 3750

Mr. REID. I have a second-degree amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 3751 to amendment No. 3750.

In the amendment, strike ``1 day'' and insert ``2 days''.

Motion to Commit With Amendment No. 3752

Mr. REID. I have a motion to commit S. 2648, with instructions, which
is at the desk.
The PRESIDING OFFICER. The clerk will report the motion.
The assistant legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] moves to commit the bill
to the Committee on Appropriations with Instructions to
report back forthwith with an amendment numbered 3752.

The amendment (No. 3752) is as follows:

At the end, add the following:
This Act shall become effective 3 days after enactment.

Mr. REID. On that motion I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.

Amendment No. 3753

Mr. REID. I have an amendment to the instructions at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 3753 to the instructions of the motion to commit.

The amendment is as follows:

In the amendment, strike ``3 days'' and insert ``4 days''.

Mr. REID. I ask for the yeas and nays on that amendment.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second.
The yeas and nays were ordered.

Amendment No. 3754 to Amendment No. 3753

Mr. REID. I have a second amendment now at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 3754 to amendment No. 3753.

The amendment is as follows:

In the amendment, strike ``4'' and insert ``5''.

Cloture Motion

Mr. REID. I have a cloture motion at the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move

[[Page 13829]]

to bring to a close debate on S. 2648, a bill making
emergency supplemental appropriations for the fiscal year
ending September 30, 2104, and for other purposes.
Harry Reid, Barbara Mikulski, Patty Murray, Debbie
Stabenow, Richard J. Durbin, Bernard Sanders, Barbara
Boxer, Robert P. Casey, Jr., Elizabeth Warren, Tim
Kaine, Christopher A. Coons, Mark L. Pryor, Ron Wyden,
Michael F. Bennet, Benjamin L. Cardin, Charles E.
Schumer, Christopher Murphy, Patrick J. Leahy.

Mr. REID. Mr. President, I ask unanimous consent that the mandatory
quorum required under rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES--MOTION
TO PROCEED

Mr. REID. I now move to proceed to Calendar No. 471, S.J. Res. 19.
The PRESIDING OFFICER. The clerk will report the motion.
The assistant legislative clerk read as follows:

Motion to proceed to Calendar No. 471, S.J. Res. 19,
proposing an amendment to the Constitution of the United
States relating to contributions and expenditures intended to
affect elections.

____________________

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2014--Continued

The PRESIDING OFFICER. The majority leader.
Mr. REID. I ask unanimous consent that the Senate resume
consideration of S. 2648.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. I ask unanimous consent that the time until 6:45 be equally
divided between the two leaders or their designees, and that at 6:45
this evening, it be in order for Senator McConnell or his designee to
be recognized for the purpose of moving to table amendment No. 3751;
that if the motion to table is not agreed to, Senator Sessions or his
designee be recognized for the purpose of raising a budget point of
order against the bill; that if a point of order is raised, then
Senator Mikulski or her designee be recognized for a motion to waive;
that if the motion to waive is made, the Senate immediately proceed to
vote on the motion to waive; that if that motion to waive is agreed to,
then, notwithstanding rule XXII, the Senate immediately proceed to the
vote on the motion to invoke cloture on the bill; that if cloture is
not invoked, the bill be returned to the calendar; if cloture is
invoked, all postcloture time be yielded back and the pending
amendments be withdrawn and the Senate proceed to vote on passage of S.
2648.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Mr. President, I ask unanimous consent that at a time to be
determined by me, after consultation with Senator McConnell, the Senate
proceed to the consideration of the conference report to accompany H.R.
3230, the Veterans Access to Care Act; that Senator Coburn or his
designee be recognized for the purpose of raising a budget point of
order against the conference report; that if the point of order is
raised, then Senator Sanders or his designee be recognized for a motion
to waive; that if the motion to waive is made, there be up to 10
minutes equally divided between Senators Coburn and Sanders or their
designees; that upon the use or yielding back of time, the Senate
proceed to vote on the motion to waive; that if the motion to waive is
agreed to, the Senate immediately proceed to vote on adoption of the
conference report; that the vote on adoption be subject to a 60-
affirmative-vote threshold; that if the conference report is adopted,
the Senate then proceed to the consideration of H. Con. Res. 111; that
the concurrent resolution be agreed to and the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I now ask unanimous consent that upon
disposition of the conference report to accompany H.R. 3230, the Chair
lay before the Senate a message from the House with respect to H.R.
5021; that following the reporting of the message, I be recognized to
make a motion to recede from the Senate amendment; that following the
leader's motion, Senator Sessions or his designee be recognized for the
purpose of raising a point of order against the bill; that if the point
of order is raised, Senator Wyden or his designee be recognized to move
to waive the point of order; that no other motions be in order to the
bill; that if the motion to waive is made, there be up to 20 minutes
equally divided between the two leaders or their designees and the
Senate immediately proceed to vote on the motion to waive; that if the
motion to waive is agreed to, the Senate proceed to vote on the motion
to recede from its amendment to H.R. 5021.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. Under the previous order, the time until 6:45
p.m. will be equally divided between the two leaders.
The majority leader.
Mr. REID. Mr. President, we expect the votes to begin about 6:45
tonight, but they could come earlier, so everyone should be aware of
that.
Seeing no one here to speak, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MIKULSKI. Mr. President, we are now in the closing hours of this
session of the Congress. We are getting ready to take our break. I am
rising to exhort our Members to vote for the urgent supplemental. I
appreciate the fact that we have adopted the motion to proceed.
I remind our colleagues what is in the urgent supplemental. First, it
is to fight wildfires in our own country: $615 million to fight 27
large fires that are sending homes and communities up in smoke in eight
Western States.
Second, it fortifies Israel's antimissile defense system, Iron Dome,
by providing $225 million to enable Israel to purchase interceptor
rockets that they have utilized in their own self-defense. It is
lifesaving technology. It is defensive technology.
Third, and not at all least, it is to deal with issues on the border,
providing $2.7 billion to deal with the surge of children coming
through Central America, through a treacherous route through Mexico,
presenting themselves to our border, asking that we consider their
petition for refugee or asylum status. This bill is a reduction by $1
billion of what the President asked for. The President originally asked
for $3.7 billion for the surge of the children all by itself and then
additional funds for Iron Dome and the wildfires.
When we looked at the request for the surge at the border, we felt we
could reduce that by $1 billion, and to ensure the taxpayers that we
are doing rigorous and vigorous oversight, we have money in there for
the inspector general.
This is an emergency spending bill, which means no offsets are
required.
Also, it is meant to deal with humanitarian crises, both in our own
country with firefighting and then a crisis a treasured ally is dealing
with and then a crisis in Central America, where the violence is so
severe that children are on the march to be able to escape it. These
funds will pay for additional law enforcement for our Border Patrol,
humanitarian assistance for HHS to house, clothe, and feed the children
on a temporary basis while we find a relative and their legal status is
determined; that is, do they qualify for asylum or refugee status.
Much has been said about the backlog and even a mockery--some States
mocked the current system because they said there were so many awaiting

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these types of hearings. Maybe if we passed regular appropriations,
which we haven't done in 3 years, we wouldn't be in this crisis. But
this supplemental includes money for additional immigration judges to
be able to expedite the determination of these children's legal status.
Also, it goes after the drug smugglers, the human smugglers, the drug
traffickers, the human traffickers, and the coyotes who are exploiting,
creating the misery and violence in Central America, and also, while
they are doing that, exploiting these children who are on the move and
on the march.
I understand there is a great deal of reluctance to either vote for
the money or to weaken our asylum laws. I would caution us in weakening
our asylum refugee laws, particularly as it affects children. I hope we
can pass this bill and begin to move forward with it.
I want everyone to be aware we are talking about a surge of
children--approximately 60,000 children, not 600,000 children--just
barely enough to fill Ravens stadium. We are a country of 300 million;
we are talking only about this.
I hope we can move on this bill, meet our responsibilities to our
neighbors in the West facing wildfires and an ally who is running out
of interceptor rockets to protect itself and not only deal with the
children and their request to determine asylum status, but at the same
time we put the money in the Federal checkbook to go where the crime
and the criminals are, which is the narcotraffickers in Central
America.
I will have more to say before we wrap up, but I now yield the floor.
The PRESIDING OFFICER (Mrs. Hagan). The Senator from Texas.
Mr. CORNYN. Madam President, the distinguished Senator from Maryland
has described the President's request and what she has proposed, the
Appropriations Committee has proposed in response. The problem with the
response is it does not solve the underlying problem, which is a
loophole in a 2008 law, which is now being exploited as part of the
business model of the cartels that smuggle children and other
immigrants illegally from Central America through Mexico into South
Texas.
It makes no sense to me just to write a check for this surge, which I
agree that there is money needed for additional judges, additional
detention facilities, and the like in some dollar figure. But if you do
not solve the underlying problem, we are going to be back here months
later and doing this all over again. This, of course, is an emergency
supplemental. We will be doing this emergency every 2 or 3 months
because what we have seen over the last couple years is that the
numbers of children coming into the country because of this loophole in
the 2008 law I described a moment ago--the numbers have nearly doubled
over the last couple of years, and there are projections that there
will be not just the 57,000 unaccompanied children who have been
detained so far this year but that the number could grow as high as
90,000 by the end of this year and 145,000 next year. We are going to
be in deep trouble, not to mention the crisis for these children. Our
capacity to deal with them at the border and in local communities there
is overtaxed, and there is the fact that the Border Patrol is diverted
from interdicting illegal drug traffic and other necessary activities
because they are taking care of these children, who deserve to be taken
care of, at least while they are in our protective custody. So this is
not a solution to the problem.
I know from meeting with the President--I see the distinguished
majority leader and the majority whip here. We all were invited over to
the White House this morning to talk to the President about national
security matters. My distinct impression was the President understands
the nature of the problem, and he conceded that we cannot endlessly
accept people who want to come to the United States from troubled
regions of the world because it would simply overtax and overwhelm our
capacity to deal with it. That is why it is so important to have legal
immigration. I agree that we need immigration reform. I do not agree
that we need the Gang of 8 bill. But I am committed to trying to fix
our broken immigration system on a step-by-step basis when we next have
an opportunity to do so.
But right now we have an emergency that is disproportionately
affecting my State, the State of Texas, and our local communities and
our State are being overwhelmed. It is the Federal Government's
responsibility and the Federal Government needs to step up. That is why
I agree some amount of money--I do not agree it is $2.7 billion, as an
emergency, but at some level we do need to come up with the money to
deal with this emergency. But we cannot just write a check because, as
I said, we will continue to come back. This crisis will be unabated
and, in fact, it will get worse.
I mentioned earlier today the polling that I saw that miraculously
said 68 percent of the American people disapprove of the way the
President is handling this immigration crisis, which is a rather
dramatic development. I think all that the American people expect and
deserve from us is that we try to work together to solve this problem.
Congressman Henry Cuellar, my friend from Laredo, TX, a Democrat, a
self-described blue dog Democrat, and I have come up with one
suggestion: The HUMANE Act. It is our proposal, and if anybody has a
better idea, we are all ears and all willing to consider it. But so far
we have heard no alternative proposals and only a request to write a
check for $2.7 billion. I think it would be irresponsible for us to
only appropriate money and not deal with the underlying cause.
So, Madam President, I ask unanimous consent to temporarily set aside
the pending amendment so I may call up my amendment No. 3747, which is
at the desk.
The PRESIDING OFFICER. Is there objection?
Ms. MIKULSKI. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. MIKULSKI. Madam President----
Mr. CORNYN. Madam President, if I may, I hold the floor, if I am not
mistaken. I just have a couple concluding comments and then I will turn
it back over.
What we need to do is learn the lesson that we learned in 2005 and
2006. In talking with Secretary Johnson, he understands this problem
very well. I know the Senator from Arizona remembers this. In 2005, we
saw a surge of what were at the time called OTMs, immigrants from
countries other than Mexico. Strangely enough, we saw a surge of 30,000
Brazilians who were detained at our southwestern border.
What Secretary Chertoff came to learn is that a loophole they were
exporting was the so-called catch and release at the time. They did not
have detention facilities. What would be done is they would be
released, essentially based on their own recognizance, and we would
never hear from them again. They would escape into the great American
landscape.
Well, the same phenomenon is happening now with these unaccompanied
children because of that 2008 law that needs to be addressed so that
they will remain in protective custody pending any court hearing, which
we would give on an expedited basis. If they have a legal claim to
stay, an asylum claim, a victim of human trafficking and the like, then
the judge would determine that. And those who do not would have to be
returned to their home country. I think I heard the President say as
much today. I certainly have heard Secretary Johnson and others say the
same thing.
That is what my amendment would do. I am sorry the distinguished
Senator from Maryland has seen fit to object to it. I think this
virtually guarantees that we will leave here today without having
solved the problem, and that is a tragic circumstance.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Madam President, if I could respond to the Senator from
Texas, first of all, I do not want my objection to be interpreted by
him or by the Senate or those watching as a pugnacious dismissal of the
Senator's request. The distinguished Senator from

[[Page 13831]]

Texas has always stood for Texas and he has also stood for the
protection of the border. He comes with an incredible background where
he was a judge, a former judge of the highest court in Texas. So I
understand. And I have also heard him speak repeatedly about the plight
of these children, and he has spoken with great compassion. He and I
both agree that we should not have open borders and open wallets, that
we have to deal with this.
But I say to my colleague, this bill is a money bill. It is an
appropriations bill. We do not legislate on appropriations. There is no
legislative language in this bill. What the Senator is proposing,
working with the administration, with the Judiciary Committee, on a
bipartisan basis--because I think there is a sentiment perhaps we could
arrive at some other language, but on this bill I objected because this
would be legislating on appropriations. The type of pragmatic approach
the Senator from Texas is proposing--and we have perhaps some ideas--
cannot be done on this bill tonight with the urgent nature of it.
So I want the Senator from Texas to know my great respect for him and
his advocacy on this issue, and I know of his heartfelt compassion for
the children and his desire to have a broader immigration policy. I
look forward to working with him on legislative matters in a different
forum.
Mr. CORNYN. Madam President, will the Senator yield for a question?
Ms. MIKULSKI. The Senator will yield for a question.
The PRESIDING OFFICER. The minority whip.
Mr. CORNYN. Madam President, here is the conundrum I think we find
ourselves in. The President has made a request for the money. The
Secretary of Homeland Security has said he needs more authority in
order to deal with the problem, and what my proposal would do is to
give him that authority necessary to solve the problem.
The Senator from Maryland has always been very kind and gracious, and
I appreciate her response, and I know of her compassion, given her
background, particularly in social work, that she has great compassion
for these children, as we all do. But we have a problem and we need to
solve the problem.
What is so confusing to me is, when the House was considering a
proposal which would combine both policy changes together with some
money to deal with them, the White House issued a notice the President
would veto it if it were passed. So it seems to me that--well, it is
confusing, to say the least. I am not sure how we get out of this place
we are in.
Ms. MIKULSKI. Is that the Senator's question?
Mr. CORNYN. The fact is, we are dysfunctional. But if the Senator has
a suggestion for how we get out of this dysfunction, I would love to
hear it.
Ms. MIKULSKI. First I would like to respond----
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Thank you very much. We are eager to engage in
conversation with each other.
It is the belief of the members of the Judiciary Committee--at least
the Democrats on the Judiciary Committee--that the President has enough
current authority to provide what Secretary Johnson is asking. I too
have heard what Secretary Johnson has. So there is a dispute about
whether he needs more authority or whether the President can exercise
the authority he has. We believe he already has enough authority.
Then there are two large issues. The two large issues are:
immigration reform, commonsense, sensible, along the lines that passed
the Senate--Senator McCain of Arizona and others have worked on this,
Senator Durbin--and then the other is what is going on in Central
America with these drug traffickers.
Quite frankly, the fact is we need to start to pay attention to our
own hemisphere. I note that when everybody talks about how much money
this is, it is less money than we are going to spend to give to the
Afghan security force. OK. We give $4 billion to the Afghan security
force. Let's hope they are going to use it and shoot in the right
direction.
I am looking at making sure our country goes in the right direction,
and I am going to work on a bipartisan basis. I say pass this bill.
Let's put together a bipartisan task force and see if we can deal with
these two problems of both immigration reform--to move it through both
bodies--and also bring our focus back to our own hemisphere and deal
with the issues in Central America.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Madam President, as I was watching the back and forth
here on the floor of the Senate, I could not help but notice that my
three colleagues on the other side of the aisle there and I have
roughly the same amount of time here in the Senate. In fact, the
distinguished majority leader and my friend from Illinois and I came to
the House together way back more than 30 years ago.
When I came to this body, and when they came to this body, we had
leaders. We had leaders. Do you know what those leaders used to do?
They would say at the beginning of the week: We are going to take up a
certain piece of legislation, and we are going to work through it. We
are going to do what the Senate does. We are going to have amendments
proposed, and we are going to have votes on those amendments, and we
are going to have the Senate be a deliberative and debating
organization, praised as the greatest debating institution in the
world, although that probably is not true--and Senator Byrd, a
distinguished majority leader, Senator Mitchell, a distinguished
majority leader--do you know what they would say--Senator Lott, Senator
Dole--do you know what they would say They would say: We are going to
take up a bill and we are going to have amendments and we are going to
have debate and we are going to have votes, and then we are going to
vote on final passage. For 30 years that is how I have watched the
Senate function.
Now we have a humanitarian crisis on our border, a humanitarian
crisis of incredible proportion, where thousands of young people--while
they are being transported by these coyotes, young women are being
raped, they are falling off trains, terrible things are happening--and
what are we presented here in the Senate? I say shame on you. I say
shame on you for not allowing those of us who represent the States that
are most affected by this to have an amendment, an amendment voted on.
That is unbelievable to me. We put together--and I say with great
respect to the Senator from Maryland, saying that we do not legislate
on appropriations--excuse me. Excuse me.
We have legislated a lot on appropriations, mostly to my dismay. Year
after year I have watched legislating on appropriations. On the Defense
authorization bill, it has caused me heartburn time after time. So
please don't--please. I have been around here too long for you to tell
me we do not legislate on appropriations.
I want to have some amendments debated. I want to be able to tell the
people of my State that are being flooded by immigrants--I want to be
able to tell them that I had a proposal representing them here in the
Senate and I wanted it debated and I wanted it voted on. Is that a hell
of a lot to ask? I do not think so. I do not think so.
This is a crisis of proportions that we have seldom seen the likes
of. I am sure the majority leader will come over and talk about
Republican obstructionism and how we cannot get anything done around
here. We have now compiled a record, according to the experts, as the
least productive Congress in history--in history. So I am supposed to
go back to my home State of Arizona, which is experiencing terrific
problems, horrific problems--my constituents are really angry. They
expect me to come here and represent them in the Senate and debate and
have their views and their desires and their ambitions and their
reputation here in the Senate.
What have we done? The parliamentary situation is that there will be
no

[[Page 13832]]

amendments that will be allowed to be debated or voted on no matter
what.
The Senator from Maryland said: Well, we do not legislate on
appropriations.
We have some amendments on money that would either reduce or increase
the amount of funding. Are we going to be able to have that amendment
voted on? Hell no. We are not going to be able to have a single thing
voted on. Everyone wants to get out of town. So sometime tonight or
maybe tomorrow we are going to close up shop and we are going to go
home. The humanitarian crisis goes on. It goes on.
What about these children? Are they going to be enticed by coyotes
for their families to give a year's salary to transport them from one
of these countries to the United States of America? Are an untold
number of young women going to be raped along the way? Are there going
to be kids who fall off these trains? Is that what is going to happen?
We are going to go for 5 weeks without debate on a single amendment,
not a single one. What kind of an institution is this? What has
happened since the days when the Senator from Nevada and the Senator
from Illinois and the Senator from Maryland and I came to this body
proud--proud to be a Member of this institution?
I can remember time after time the junior Senator being able to come
down here, propose an amendment, have it disposed of--usually losing
but at least I was representing the people of my State. Now I cannot
represent them. I cannot give them what they believe they deserve here
in the Senate.
In a second I will stop and I will ask unanimous consent to set aside
the pending amendment so that the amendment Senator Flake, my colleague
from Arizona, and I have put together after visiting our border, after
talking to all of our constituents, after discussing the issue with our
Governor--we came here to represent them. How can I represent them if I
am not allowed to express their beliefs and their ambitions and their
desires to help solve this problem?
How do I go down to the ranchers in the southern part of my State and
say: I am sorry there are people crossing your property every night.
What do I say to the families of those people who are being separated?
What am I supposed to tell my citizens whom I represent--that I came
here to ask for something that I know is going to be objected to? What
has happened to this body? What has happened to the Senate, I ask my
colleagues?
The approval rating of Congress, the last time I checked, was either
a single digit or low double digits. Everybody kind of thinks, well,
that is normal. It is not normal. I hearken back again to the days when
we first came here. Our approval rating with the people of our country
was 70 percent, 80 percent, maybe even a little lower. Is all the fault
on that side of the aisle? No. But I would say that the people in
charge here have an obligation to allow all of us to represent the
people who sent us here. That is not happening today. It has not
happened all year. It may not happen until next January, where I am
committed and I believe the majority of my conference is committed to
bringing up legislation and having debate and having votes. That is the
way the Senate was supposed to function.
I know what is going to happen here in about 30 seconds. I say to my
colleagues, this is not right. This is not right. This is not the way
we are supposed to represent the people we asked to send us here and
let us represent them.
Senator Flake and I have pretty simple legislation. It has to do with
the fact that, as the President said, it would modify the Trafficking
Victims Protection Reauthorization Act. It would do some other things.
It would provide for funds--and I will not go through all of the
details of it except to say that I know what is going to happen, but it
is not right. It is not the right way for this institution to function.
We all should be a bit embarrassed.
I ask unanimous consent to temporarily set aside the pending
amendment so that I may call up amendment No. 3742, which is at the
desk.
The PRESIDING OFFICER. Is there objection?
The Senator from Illinois.
Mr. DURBIN. Madam President, reserving the right to object, let me
say at the outset that I have the highest respect for my colleague from
Arizona. We are friends. We came to Congress at the same time, as has
mentioned on the floor, and spent month after month together on the
comprehensive immigration bill. I believe there were 130 amendments
that were considered to that bill. I thought that was an orderly,
thoughtful process. I hope we can return to it.
I object.
The PRESIDING OFFICER. Objection is heard.
Mr. DURBIN. Madam President, this is what we are facing: The
President has come to us facing a crisis at the border. He has asked us
for the resources for the Border Patrol that has to process these
children coming in and for Health and Human Services so that once these
children--some of whom are toddlers and infants--are in our country,
they can be treated humanely. He has asked us for the resources for
that purpose.
He has also asked us initially for some resources to get to the heart
of the problem, which Senator Cornyn of Texas has acknowledged. The
heart of the problem is not in the United States; the problem is in
Honduras, El Salvador, and Guatemala. There is clearly a crisis
situation there.
What Senator Mikulski, the chairman of the Senate Appropriations
Committee, has done is reduced the President's budget request by $1
billion, if I am not mistaken, and said: We will respond to this
emergency request with these resources and realize that more is going
to be done.
On the other side of the aisle, the senior Senator from Texas has
come in and talked about changing immigration law. He was kind enough
to acknowledge that we made an effort to change the immigration law
right here on the floor of the Senate over a year ago with 68 votes.
Fourteen Republicans joined the Democrats in a comprehensive
immigration bill. The Senator from Texas acknowledged he did not vote
for it. Had he voted for it, he would have voted for the most dramatic
increase in border security in American history. But he voted against
it. That is his choice. I respect his judgment. But to come to us today
and say: Now we have to vote again on border security--we had a chance.
The Senate passed it. What happened to the comprehensive immigration
reform bill? It made it over to the House of Representatives and
disappeared into vapor. It was never called for consideration.
So it is not as if we have ignored the problems of immigration. We
addressed them forthrightly in a bipartisan fashion, in a comprehensive
fashion, and the House of Representatives refused to even call the
bill.
Let's go to this particular issue. The heart of the problem is
clearly in three Central American countries that are so lawless that
people are desperately sending their children to the United States of
America. We have to deal with that issue. We are. The President has
dealt with it. The Vice President has visited those countries. Last
week the Presidents of all three countries came here. So to say the
President is doing nothing about the cause of the crisis is not
accurate. The President is addressing it directly to discourage any
more children from making this dangerous, deadly journey, No. 1.
No. 2, I hope we all agree: No mercy for these smugglers. No mercy
for those coyotes who are exploiting these families and sadly abusing
many of these children.
No. 3--and the President has made this point--we have an obligation.
When a child is entrusted to you, people stand in judgment of how you
treat that child. We have many children now entrusted to us on a
temporary basis. The President has asked for money so that they can be
treated humanely on a temporary basis. Not an unreasonable request.
Time and again America has responded to crises around the world--
families and children who are victims of war, earthquakes, tsunamis.
For virtually every natural disaster, we have

[[Page 13833]]

been there. America has a reputation for being there. Now that children
are at our border, will we do anything less?
What we are doing with the bill before us, the supplemental bill, is
providing enough money for humanitarian care and still working on the
root causes of the problem. I think that is responsible.
I hope we do not leave here this week having failed to come up with
this money. I hope we provide the resources to this administration. I
hope my colleagues on a bipartisan basis will do two things: Vote for
this emergency appropriation and, secondly, let's join in a thoughtful
discussion about how to pass a comprehensive immigration bill which
includes this aspect--asylees and refugees.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Madam President, I think I have said enough with enough
emotion. But I will say to my friend from Illinois that the way you
have a thoughtful discussion is to have debate and amendments and
votes. That is generally the accepted way. You want a thoughtful
discussion; I want a thoughtful discussion. Why can't we just accept
the fact that we should go forward with our amendments and have debate?
That way we can best serve the American people.
I yield the floor.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Madam President, how much time is remaining?
The PRESIDING OFFICER. The Republicans have 8 minutes remaining.
Mr. SESSIONS. Madam President, the problem we have at the border
today is a direct result of the actions of the President of the United
States. In 2011 we had 6,000 young people coming to America unlawfully.
They were apprehended. Now we have 60,000. It was because of his DACA
program and his open statement that was heard throughout the world as:
If you come to America as a young person, you will be able to stay.
That was exactly and I think to some degree remains the situation.
If you come to America as a young person from Central America, not
Mexico, and you turn yourself in, you will be released on a permiso or
bond or promise to reappear.
People come and pick up the children and they stay.
This is no way to run a lawful system of immigration. You know, it
was said: Well, we offered a comprehensive bill to fix it.
That bill was flawed. I opposed that bill. It was rejected by the
House of Representatives.
I would say with great confidence that because the House of
Representatives rejected the bill that Members of this Senate supported
and that the President of the United States supported does not thereby
mean the President of the United States can do what the bill says when
it was rejected and did not become law. It takes both Houses to pass a
piece of legislation.
The bill would not have worked. It would not have been effective. The
people of the United States, through their elected representatives, did
not allow it to become law.
I would point out that this administration amazingly has announced
its intention to bypass Congress and to implement an executive amnesty
by fiat. This would include, as has been widely reported, 5 million to
6 million work permits and legal status for illegal immigrants into
America.
This is contrary to Congress's decision. Congress has not approved
that. But Congress has approved a law that says it is unlawful for
somebody in the country, for example, to work if they are not here
lawfully. They can't work in the United States. They are not approved
for work.
The President is saying he is going to give them legal status and
permission to work contrary to plain law. This is very serious. This
action would be in violation of the Immigration and Nationality Act. It
would be an executive nullification of our laws and the protections
that American workers are entitled to. Congress must not surrender to
such lawlessness.
It has been in half a dozen papers. The Wall Street Journal 2 days
ago: Millions of people by executive action of the President--it is
unbelievable to be so open and bold about this, as if he thinks maybe
this would intimidate Congress to force us to adopt legislation
Congress has rejected.
We have the power--the power of the purse--to stop it. That is the
appropriate response of Congress. When the President proposes something
that is improper and outside of law, when we have powers as coequal
branches of government, we can respond, and we should use the power of
the purse.
Senator Cruz has filed an amendment to this bill that would prohibit
the executive expenditures by the President of any funds for
administrative amnesty or work authorization for unlawful immigrants.
However, the majority leader, with the support of his conference, has
blocked all amendments to this border supplemental. If we do not stop
this Presidential action, we will ensure that the border crisis
continues a catastrophe.
The President's planned action would also represent a total breach of
our constitutional system, and it would be a hammer blow to millions of
unemployed American citizens. We do have the power to stop this. We
ought to stop it. We have a duty to Congress, we have a duty to the
rule of law, and we have a duty to the Constitution.
What we can do today by voting yes on my motion to clear the
amendment tree and to consider and pass Senator Cruz's amendment would
fix this problem. It would say: Mr. President, you are not authorized
to utilize any money of the U.S. Government to spend on a program to
grant amnesty and work permits to millions.
The vote we are about to have will be a vote on whether to support
the President's illegal amnesty or to block it. It will be a vote to
allow us to vote on it, because right now the tree is filled and we
can't vote.
I am going to be asking to table what is on the tree and clear that
amendment out so we can vote on this amendment, and we will have a vote
on it. Everyone in this Chamber will cast a vote before this whole
Nation and reveal whether they stand for our laws, for our border
sovereignty or whether they stand in support of the President's illegal
activities, in truth.
A number of cosponsors support this amendment. I think it is the
right thing to do, and we will be asking for that later today.
Colleagues, in addition, the administration has announced its
intention to bypass Congress, according to the Associated Press, the
Wall Street Journal, Time Magazine, and others, with as many as 5
million to 6 million of these work permits.
Unfortunately, the bill before us is merely a blank check to
perpetuate the failure of this administration to fix the problems at
the border. This can be done, colleagues. It is not impossible. It is
not hopeless. We simply need a President who wants it to happen.
He has been sued by his own ICE officers, saying that they are being
blocked from doing their duty. They asked a court to give them relief
and tell their supervisors to quit telling them to violate the law and
not enforce the law. That is amazing. Their morale is in the tank.
The current crisis on the border can be attributed to specific
actions taken unilaterally by the President. After his 2012 Executive
order, the number of unaccompanied minors apprehended at the border
jumped from 7,100 in 2011 to nearly 15,000 in 2012, and now we have
already hit more than 57,000 heading to 90,000. Estimates suggest
approximately 32,000 unaccompanied minors are projected to cross the
border in the remaining months of this fiscal year.
We have this egregious funding supplemental before us that would
equal more than $110,000 per child who is coming into the country.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. SESSIONS. I ask unanimous consent for 1 additional minute.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. SESSIONS. I thank my colleagues. We do have good colleagues here,
and we have great robust debate,

[[Page 13834]]

and I appreciate the chairman of the committee, Senator Mikulski.
Moreover, this border supplemental provides the Department with
unlimited transfer authority of $1.1 billion--an unlimited ability of
up to $1 billion. It becomes, really, a slush fund in that sense. They
can use it for anything. Finally, the border supplemental would provide
an additional $1.2 billion to the Department of Homeland Security.
So I am raising a point of order. And I am sure a motion to waive
will be heard. But make no mistake. A vote to suspend the budget rules
and to block our point of order is a vote for the President's amnesty;
it is a vote for continued chaos. I urge my colleagues to sustain it.
The bill before us today is in clear violation of the budget. All the
money is borrowed money, it violates the budget, and I raise that point
of order.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Madam President, a parliamentary question: Did the
Senator from Alabama raise a budget point of order? Did the Senator
from Alabama raise a budget point of order?
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Madam President, I have not raised it at this point,
but I do intend to. I thought we had an understanding so we could make
the votes occur at the agreed-upon time.
Ms. MIKULSKI. I say to the Senator from Alabama, do you want to raise
it now or do you want to raise it later?
Mr. SESSIONS. I would raise it later.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Madam President, I note that the Senator from Maryland
wishes to respond.
How much time do the Democrats have in this debate?
The PRESIDING OFFICER. The Democrats have 9 minutes remaining.
Ms. MIKULSKI. I ask unanimous consent that the Senator from Illinois
have 4 minutes to offer a rebuttal and I have 5 minutes for the wrapup
debate before we move to vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Illinois.
Mr. DURBIN. Madam President, the Senator from Alabama now joins the
Senator from Texas, coming to the floor of the Senate complaining about
the state of immigration laws in America. They have in common the fact
that they both voted against comprehensive immigration reform.
When we had a chance in committee--which the Senator from Alabama and
the Senator from Texas serve on--and on the floor to offer amendments
and change the bill accordingly, both of them at the end of the day
voted against comprehensive immigration reform. Now, over a year later,
they come and complain about the state of law when it comes to
immigration in America. They can't have it both ways.
They could have participated with us in changing the law in a
positive fashion. They chose not to. They wanted to wait until a year
later and complain about President Obama not meeting his obligation.
When it comes to comprehensive immigration reform, the Senate met its
obligation, and those who voted for it did as well. It was the House of
Representatives that failed to call the bill.
Now the Senator from Alabama says, well, the reason these children
are coming to our border is because President Obama signed an Executive
order which said that if you were a child brought to the United States
by August 15, 2007, you could qualify to be benefited by this order and
not deported, under DACA on a temporary basis.
Now, that has nothing to do with any child that comes after that
date. They are not covered by that order. They are not protected by
that order. To blame President Obama for the children coming to the
border is to ignore the obvious. The law that brings these children to
the border was a law signed by President George W. Bush in 2008. That
is the law that governs the treatment of these children. Everything has
to be blamed on President Obama from that side of the aisle. In this
case, the law was signed by President George W. Bush.
I happen to believe that this DACA Executive order by the President
was thoughtful and humane. Here is what it said: If you were brought to
the United States before the age of 16, as a child, you lived in the
United States and finished high school, with no criminal record of any
magnitude, you would be allowed to stay in the United States on a
temporary basis and not deported.
I have met these children. There are many of them who are growing
into magnificent contributors to America--doctors, engineers, teachers.
They beg to join our military. They are not what they are characterized
to be. These are young people who believe this is their homeland, this
is their country, and all they are asking for is a chance.
President Obama gave them that chance, and the Republicans time and
again--Senator Sessions now, later Senator Cruz--can't wait to deport
all these children who have gone through high school, gone through
college, and only aspire to be contributors to the future of America.
That is the Republican party position for some: Deport these children;
we don't want them in our country any longer. That is their position.
That is not the position of a majority of Americans. They deserve a
chance to prove themselves and earn their way to legal status. And to
blame them for this border crisis is unfair.
Mr. GRASSLEY. Madam President, the majority leader has brought a $3.5
billion emergency supplemental spending bill to the floor at the
request of President Obama. This bill, while it shaves off $1 billion
from the President's original request, is still a blank check that does
not solve the crisis along our southern border.
This Democratic spending bill isn't a solution, and it is not a
reasonable or responsible request. The majority in the Senate want
taxpayers to fund a bandaid that is needed because of the President's
own policies and practices.
Not only does the President want a blank check, but he wants
unfettered authority to keep people unlawfully in the country from
being returned to their home country. While we are facing a crisis,
President Obama is looking at ways to weaken our immigration laws.
I understand that there are a variety of reasons that people come
here--to be with family, to find work, and to have a better life. We
are a compassionate country, and we provide a safe haven for people who
need it. But we are also a country based on the rule of law.
That rule of law has been a principle of our country since its
founding. This principle means that the government will enforce the
laws it writes. People need to be able to trust their government and
trust that it will be fair.
Today, people don't trust the government to enforce the laws. They
see lawlessness at the border. Individuals--including both children and
adults--are crossing the border without repercussions, and instead of
taking responsibility for it, the President wants to fuel the fire and
provide them with more benefits.
Instead of providing a blank check, Republicans have come forward
with solutions. Today, Senators Cornyn, McConnell, Flake and I are
introducing a humanitarian solution to the problem. We provide funding
while changing the law to ensure speedy repatriation of unaccompanied
minors to their home country.
We provide equal treatment to young children of noncontiguous
countries to voluntarily return to their home country when apprehended
by a border agent. Today, these young people can't voluntarily return.
They wait 6 or 12 months until they go before an immigration judge.
They are released, and we can only hope that they will show up for
their court date.
Our bill provides a new and special process for unaccompanied
children to have an immediate court proceeding. This new process would
be conducted within 7 days, and children would remain in protective
custody.
We also require expedited removal--meaning, no opportunity for formal
removal proceedings--of criminals, gang members, those who have
previously violated our immigration laws, and those who have
fraudulently claimed to be an unaccompanied alien child. Expedited
removal is a tool that will help

[[Page 13835]]

border agents return people who don't have a right to be here, and it
will avoid an influx of individuals going through our lengthy court
system.
Our efforts, unfortunately, are only worthwhile if the home countries
cooperate. We would require the President to certify that the
Governments of El Salvador, Guatemala, and Honduras are cooperating in
taking back their nationals. Moreover, we tie taxpayer dollars to their
cooperation.
In addition to fixing the immigration court system for children, our
alternative approach requires information sharing between Federal
partners, including the Departments of Homeland Security and Health and
Human Services.
It requires information sharing between the Federal Government and
States, providing transparency and notice to States about individuals
released. This administration has an abysmal record with transparency,
and many States are left wondering how they are going to deal with the
influx of undocumented children in their schools and health systems.
By the end of this fiscal year, up to 90,000 children will have
entered the country. People are rightly concerned that they are being
released into our communities. They are also being released to
nonrelatives and people without lawful immigration status. Our bill
fixes that. It requires children to be in the government's protective
custody unless their parent is in legal status and undergoes a criminal
background check.
Our bill prohibits the government from placing children with sex
offenders or traffickers. Doesn't that just make sense. We are talking
about vulnerable young people, and we need to be careful about who is
taking custody of them.
Why are these young people coming? Aside from President Obama's weak
policies, there is reason to believe that they are being trafficked and
used as a commodity by drug traffickers. There are serious gang issues
in some of these countries. And these issues are seeping into our
country.
Our bill ensures that alien gang members are not provided a safe
haven in the United States by rendering them inadmissible and
deportable, requiring the government to detain them, and it prohibits
alien gang members from gaining U.S. immigration benefits such as
asylum or temporary protected status.
Border Patrol agents are being strained during this crisis. They are
being taken off the line to care for children and adults. States along
the border are stepping up and paying the price. Our bill supports
State and local governments by reimbursing the costs they have had to
bear.
Our bill ensures that Customs and Border Protection agents are
provided access to Federal lands along the border. It also increases
the penalties for smuggling offenses.
Finally, our bill deals with the lawless policies of this President
and his administration. Over the last few years, the President has
shown an astonishing disregard for the Constitution, the rule of law,
and the rights of American citizens and legal residents. He has made
promises and threats to go around Congress by using his phone and pen.
Well, today we are exercising our constitutional right in cutting off
funding for the President to expand his administrative amnesties. Our
bill would stop him from expanding the deferred action for childhood
arrivals. It would stop other legalization programs that President
Obama is contemplating. Congress has a role to play in reforming our
immigration system. He should not circumvent the process and go against
the will of the American people.
Again, our bill is a reasonable alternative to a blank check. We have
a solution that provides due process for minors who illegally enter our
country. We are being responsible and showing leadership on this issue,
and I encourage my fellow colleagues to seriously consider our proposal
so that we can humanely deal with this crisis.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Madam President, as we begin to close out this part of
the debate, I would just say that the issues I am advocating are deeply
personal to me and, I believe, deeply personal to all Senators.
When I talk about the fact that we have to fund help for wildfires in
several States and help them be able to help themselves by replenishing
the money for the Forest Service, I am reminded of the fact that a
great writer by the name of de Tocqueville came to the United States to
hear: What is this thing called democracy? He wrote that famous book,
``Democracy in America.'' In it he called for something that he
observed. He said what sets America apart is its habits of the heart,
that it helps neighbor helping neighbor.
Now, we used to do that through barn raising and pancake suppers.
But, my gosh, these issues have gotten too big, too horrific. We now
have thousands of acres burning, homes being destroyed, businesses
being destroyed. We need to be able to help our neighbors in the West.
And I say to my colleagues from the West: I appreciate all the
support you have given us on the East Coast who faced hurricanes. We
didn't say we practice ZIP Code politics, that we only help one part of
the country when they are facing a disaster.
Habits of the heart, de Tocqueville said that is what defines us. We
now need to help that.
This issue now in terms of the Israelis and Iron Dome began for me
right after I was elected to the Congress. When I traveled to Poland I
went to Auschwitz and saw forever and a day--6 million Jews
exterminated--why they needed a homeland, forever--a homeland safe and
secure. Now they are asking for help to replenish their interceptor
rockets on the eve of the Warsaw Ghetto Uprising, where people fought
with sticks and stones and children crawled through sewers to defend
themselves.
We are not going to fool around here. We are not going to delay until
we come back from the 5-week break. Israel is the homeland for the
Jews. We need to help them defend themselves.
My journey in Central America began as a brand new Member of
Congress, with four Maryknoll nuns and a woman named Jean Donovan, who
were raped and killed by the death squads in El Salvador. I watched a
gallant, brilliant, charismatic bishop named Oscar Romero killed,
gunned down in his own cathedral. Then we finally got around to looking
at Central America and what was going on. We were worried more about
communism than the rise of violence. For 30 years we have been up and
down in Central America. We have inherited the winds. Our way of
ignoring these three countries is by turning a blind eye, by always
looking elsewhere in the world. If we have $4 billion to arm the Afghan
security forces, I think we ought to back our Border Patrol, back our
FBI, back our law enforcement to go after organized crime in Central
America, because if we don't, it will be an additional threat and it
will not only be the children--and now we have 60,000 children crossing
the border.
I understand Texas and Arizona, the border States, are facing these
problems. We do want to work together. But could we in the final
minutes of this Congress get ourselves together enough to meet the
urgent supplemental request to do this? This is what America is. This
is who we are, helping our neighbors in the West, helping the country
fighting for its survival, and also helping our own country dealing
with the crisis in Central America facing our border.
I think it is time we pass this legislation, move forward, and come
back and deal with the crisis there and also at the same time take a
good look at immigration reform and do it in the way I think we can do
it.
How much time do I have?
The PRESIDING OFFICER (Mr. Kaine). The Senator has 10 seconds
remaining.
Ms. MIKULSKI. With that I urge the adoption of this bill and hope we
could move forward as a united bipartisan Congress.
I yield the floor. I yield what time I would have.

[[Page 13836]]

The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Mr. President, this is a $2 billion bill, all the money
borrowed as a result of a crisis the President has created at the
border, money this country does not have, and there are zero policy
changes in it.
Republicans on the floor today have filed and argued for a number of
amendments and attempted to offer those that are focused on critical
policy changes to strengthen this legislation and make it more
effective.
Unfortunately, the parliamentary maneuvering has been executed, the
amendment tree is filled, and we have been prevented from offering any
amendments at all that are necessary to establish a lawful system of
immigration that works and that we can be proud of.
So I move to table the Reid amendment on the tree, 3751, for the
purpose of offering the Cruz amendment. That amendment would prohibit
the President of the United States from expending any funds to
unilaterally provide amnesty and work authorizations for millions of
people as has been reported in the press. The Cruz amendment is No.
3720.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from the Senator from Iowa
(Mr. Harkin), and the Senator from Hawaii (Mr. Schatz) are necessarily
absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Alexander), the Senator from Mississippi
(Mr. Cochran), and the Senator from Kansas (Mr. Roberts).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 43, nays 52, as follows:

[Rollcall Vote No. 251 Leg.]

YEAS--43

Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Collins
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
Manchin
McCain
McConnell
Moran
Murkowski
Paul
Portman
Risch
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker

NAYS--52

Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Leahy
Levin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden

NOT VOTING--5

Alexander
Cochran
Harkin
Roberts
Schatz
The motion was rejected.
The PRESIDING OFFICER. The majority leader.
Mr. REID. I ask unanimous consent that all remaining votes be 10
minutes in duration.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. Mr. President, the pending measure, S. 2648--a bill
providing emergency supplemental appropriations for fiscal year 2014--
contains a number of provisions in violation of the Budget Act and
spends in violation of the Budget Act. Specifically, it contains matter
within the jurisdiction of the Budget Committee that was not reported
or discharged from the Budget Committee. Therefore, I raise a point of
order against the measure pursuant to section 306 of the Congressional
Budget Act.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, pursuant to section 904 of the
Congressional Budget Act of 1974, I move to waive all applicable
sections of that act for purposes of the pending bill, and I ask for
the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The Senator from Maryland.
Ms. MIKULSKI. Mr. President, first of all, the Senate is not in
order.
The PRESIDING OFFICER. The Senate will come to order.
The Senator from Maryland is recognized.
Ms. MIKULSKI. I ask unanimous consent to speak for up to 3 minutes in
support of my motion to waive.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Ms. MIKULSKI. The bill that is before the Senate contains $3.57
billion of emergency spending, a reduction of $1 billion, to help fund
and care for the children who seek refuge and to fight the criminal
traffickers at the border. We fund fighting wildfires for our States
and we also help Israel replenish its interceptor rockets.
What happens if the motion to waive fails? If the Senate fails to
waive the point of order, the bill will go back to the Appropriations
Committee, but the urgent need will remain. If the Senate fails to
waive the point of order, agencies will take from other programs to
fund this compelling need. What does that mean?
It means that HHS, which has already cut $138 million from the
National Institutes of Health, the Centers for Disease Control, and
others--we could have an ebola crisis in the world, and maybe even come
to our border, and we are fooling around cutting HHS and CDC and other
agencies. Please, let's look at what we are doing.
Homeland Security is also spending resources that would otherwise be
used to secure the border, such as FEMA disaster relief money has to be
there if we have a hurricane.
Simply put, failing to act is irresponsible. Let's waive the Budget
Act, let's get on with the bill, and let's do our job.
I yield back my time.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SESSIONS. I ask unanimous consent for 2 additional minutes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. SESSIONS. I respect the remarks of the chairman of the
Appropriations Committee, but I would note that every penny of this
bill is borrowed. None of it is funded through any offsets or other
sources of income. This country has to be more careful. The bill needs
to go through the Budget Committee. It did not get approved properly
there. I would note, again, it is all borrowed. It does not make any
policy changes. I think we all should stand firm to reject this bill,
and to sustain the point of order.
The PRESIDING OFFICER. The question is on agreeing to the motion to
waive.
The yeas and nays were previously ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
Mr. DURBIN. I announce that the Senator from North Carolina (Mrs.
Hagan), the Senator from Iowa (Mr. Harkin), and the Senator from Hawaii
(Mr. Schatz) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Alexander), the Senator from Mississippi
(Mr. Cochran), and the Senator from Kansas (Mr. Roberts).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``nay.''

[[Page 13837]]

The yeas and nays resulted--yeas 50, nays 44, as follows:

[Rollcall Vote No. 252 Leg.]

YEAS--50

Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Leahy
Levin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden

NAYS--44

Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Collins
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Landrieu
Lee
Manchin
McCain
McConnell
Moran
Murkowski
Paul
Portman
Risch
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker

NOT VOTING--6

Alexander
Cochran
Hagan
Harkin
Roberts
Schatz
The PRESIDING OFFICER. On this vote the yeas are 50, the nays are 44.
Three-fifths of the Senators duly chosen and sworn not having voted in
the affirmative, the motion is rejected and the point of order is
sustained.
The majority leader.
Mr. REID. Mr. President, it is regretful that the Republicans have
blocked the Senate from addressing urgent needs.
Senator Mikulski has worked very hard on this urgent supplemental. It
is very regrettable that we are not able to move forward on it. I would
like to address at least two of what I believe are urgent needs. I
understand that Republican Senators are unwilling to fund a proposed
response to the crisis we have at the border. But certainly could we
not agree that we have situation in the western part of the United
States that is very difficult.
We responded when we had problems in the South with the hurricanes,
in the East with the hurricanes. We have a problem in the West. We have
fires that are raging all over the West. We have a fire in Washington
that has been burning for weeks. Hundreds of homes have been burned. In
Oregon, we have 400,000 acres that are burning. California has a couple
of big fires. Nevada has a fire. A fire started, I understand, in Idaho
a day or two ago. Thousands and thousands of firefighters are there.
With temperatures rising, we have a drought all over the western part
of the United States. Fires have gotten more and more difficult to
fight and more expensive. They have been easier and easier to start.
We are in dire need of additional funds. That is why this is part of
the emergency supplemental. This is an emergency. The West is burning.
The funds we seek would ensure that we protect life and property in the
West without draining funds from other programs that help us stop this
destructive wildfire cycle.
Another urgent need. We have all watched as the tiny state of Israel,
our friend who is with us on everything, they have had in the last 3
weeks 3,000 rockets fired into their country--3,000. Iron Dome, as I
have spoken here on the floor, has done a good job, but it does not
cover Israel. They are mobile units. They move them around as well as
they can. They depend on Iron Dome. The system works 90 percent of the
time, not all of the time.
Last week Secretary of Defense Chuck Hagel asked for $225 million in
emergency funding so that Israel's arsenal as it relates to the Iron
Dome could be replenished. It is clear this is an emergency. We should
be able to agree on that. That is why I make the following unanimous
consent request.
First of all, so everyone understands, I am going to make a request
that we have emergency funding for the wildfires in the West and the
money I have talked about for Israel and Iron Dome.

Unanimous Consent Requests--H.J. Res. 76

I ask unanimous consent that the Senate proceed to Calendar No. 220,
H.J. Res. 76; that a Mikulski substitute amendment at the desk
providing emergency appropriations for the Iron Dome defense system in
Israel and combating wildfires in the Western States be agreed to; that
the joint resolution, as amended, be read a third time and passed, and
the motion to reconsider be considered made and laid on the table with
no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Texas.
Mr. CORNYN. Mr. President, reserving the right to object, the
President has called the crisis at the border a humanitarian crisis. If
that is not an emergency, I do not know what is. But as a result of the
majority leader's refusal to allow us to offer any constructive
suggestions to reform the law to stop this flow of humanity across our
borders and actually solve the problem, the supplemental has now fallen
to a budget point of order.
Likewise, this unanimous consent request to fund Iron Dome and
wildfires exceeds the budget caps and the Budget Control Act. It is
subject to a budget point of offer. Therefore, I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Mr. President, I am frankly not surprised that this
objection has been made. It is too bad. I ask unanimous consent that
the Senate now proceed to the consideration of Calendar No. 220, H.J.
Res. 76; that a Mikulski substitute amendment at the desk providing
emergency appropriations for combating wildfires in the Western States
be agreed to; that the joint resolution, as amended, be read a third
time and passed and the motion to reconsider be considered made and
laid on the table with no intervening action or debate.
This relates just to the wildfires.
The PRESIDING OFFICER. Is there objection to the request?
Mr. CORNYN. Mr. President, reserving the right to object, I agree,
like the crisis at the border, the wildfires in the Western States
represent a genuine emergency and something we should address. But
inasmuch as this consent asks for money that would break the budget
caps and the Budget Control Act, it is subject to a budget point of
order. I must object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Mr. President, this is an emergency. There are no budget
caps involved with an emergency. Everyone knows that. I am shocked that
anyone in this Chamber would stop us from getting these critical funds
to fight these fires that I have outlined on a very preliminary basis,
and, of course, to help defend Israel.
By requesting this amendment, I am disappointed that it has been
rejected. I have one more and then we can go on to something else.
I ask unanimous consent the Senate proceed to Calendar No. 220, that
a Reid-McConnell-Mikulski substitute amendment at the desk providing
emergency funding for the Iron Dome defense system in Israel be agreed
to; that the joint resolution, as amended, be read a third time and
passed, and the motion to reconsider be considered made and laid on the
table with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Oklahoma.
Mr. COBURN. Mr. President, reserving the right to object, would the
Senator from Nevada, the majority leader, consider an amendment that
would modify his request that would provide an offset for this bill?
The PRESIDING OFFICER. Does the majority leader agree to modify his
request?
Mr. REID. Mr. President, reserving the right to object, this is an
emergency. Our No. 1 ally, at least in my mind, is under attack. If
this is not an emergency, I do not know anything that is. So I refuse
to modify my request.
The PRESIDING OFFICER. Objection is heard.
Is there objection to the original request?

[[Page 13838]]

Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Mr. President, the Senator's amendment would cut the United
States assessed contribution to NATO and the World Health Organization.
Now as we speak, they are fighting to control an Ebola outbreak in
Central Africa. Peace Corps volunteers have been called home from three
different countries.
The amendment of the Senator, my friend from Oklahoma, would cut the
International Civil Aviation Organization, which is now investigating
what took place in Ukraine, killing 298 people. So even if you do not
like the U.N., the Senator's amendment would cut UNICEF funds to help
the world's poorest children. The Senator's amendment would cut the
U.N. Voluntary Fund for Victims of Torture.
Now, that says it all. I have no more to say.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I would note--everybody should know that
the U.N. gets well over $7 billion of money every year from this
Congress, the American people, with absolutely no accountability. There
is no transparency on how it is spent. There is no accountability. They
are not held accountable for how it is spent. The oversight that we
have done over the past 6 or 7 years shows that the waste associated
with the money that is sent to the U.N. is at least 30 percent--at
least 30 percent when you do the actual oversight of it.
So we can talk about specifics. We can take a small portion from
everywhere. I do not care. Or I will offer another pay-for. But the
fact is, we do not get any accountability of the money this country
sends to the U.N. today. Go see if you can find it. You cannot. You
will not be able to find it. I want to fund Israel. I want to supply
them. I also want to make sure our children have a future. It is not
hard to find $225 million out of $4 trillion.
I yield the floor.
Mr. REID. Mr. President, under the previous order, I call for the
Senate to proceed to the veterans conference report.

____________________

VETERANS ACCESS, CHOICE, AND ACCOUNTABILITY ACT OF 2014--CONFERENCE
REPORT

The PRESIDING OFFICER. The Chair lays before the Senate the
conference report to accompany H.R. 3230, which the clerk will report.
The assistant legislative clerk read as follows:

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of
the Senate to the bill H.R. 3230, making continuing
appropriations during a Government shutdown to provide pay
and allowances to members of the reserve components of the
Armed Forces who perform inactive-duty training during such
period, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment and the House agree to the same, signed by a
majority of the conferees on the part of both Houses.

(The conference report is printed in the House proceedings of the
Record of July 28, 2014.)
Mr. McCAIN. What is the parliamentary situation?
The PRESIDING OFFICER. The Senator from Oklahoma is to be recognized
to raise a budget point of order.
Mr. COBURN. Mr. President, let me say, first of all, I voted for the
bill when it left here with the hope that we could accomplish
something. We did accomplish some things. But it came back with $12
billion unpaid for. Because of that, I raise a point of order against
the emergency designation provision contained in section 8803(b) of the
conference report for H.R. 3230, the Veterans' Access to Care Through
Choice, Accountability and Transparency Act of 2014 pursuant to section
403(e)(1) of the fiscal year 2010 budget resolution, S. Con. Res. 13.
I ask for the yeas and nays.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Mr. President, pursuant to section 904 of the
Congressional Budget Act of 1974, the waiver provisions of applicable
budget resolutions, and section 4(g)(3) of the Statutory Pay-As-You-Go
Act of 2010, I move to waive all applicable sections of those acts and
applicable budget resolutions for purposes of the pending conference
report.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Mr. President, I will speak very briefly. Mainly, I come
here on the floor to thank the Senator from Vermont and my good friend
from North Carolina on the hard work they and members of the Veterans
Affairs' Committee have done on this issue. I greatly respect my dear
friend from Oklahoma and his concern. But I would have to say to my
colleagues: If there was ever a definition of an emergency, that
emergency faces us today because our veterans are not receiving the
care we owe them as a nation.
There are veterans who are dying as we speak for lack of care. There
is gross mismanagement. There are problems that will take our new
Secretary of Veterans Affairs literally years to fix. I am proud that
in this legislation there is choice, and there is the ability of the
Secretary of Veterans Affairs to fire people who are not doing their
job.
Those are the important aspects, most important to me, because I
think we can change the Veterans Administration. But the present
situation cries out for immediate action. Obviously there were parts of
this legislation that I did not agree with. Obviously there were parts
that the Senator from Vermont did not agree with. But the hard work put
together by the Senator from North Carolina and the Senator from
Vermont--I am very proud to say we bring before you a way to put a
final stamp on beginning to end. This is not the beginning of the end.
This is the beginning of the beginning of our effort to help those men
and women who have defended our Nation with honor and dignity. We owe
them that.
I urge my colleagues to vote in favor of the waiver of the Budget Act
and to vote in favor of this legislation.
Mr. SANDERS. Mr. President, yesterday the House voted 420 to 5 for
this conference report. They understood that taking care of veterans,
as Senator McCain just indicated--the men and women who have put their
lives on the line to defend us, who have sacrificed so much--is a cost
of war, and in fact what we are talking about is an emergency. That is
what the House said overwhelmingly yesterday.
On June 11, 2014, 6 or so weeks ago, by a vote of 93 to 3, the Senate
supported the Sanders-McCain bill and it was emergency funded as a cost
of war.
This bill, as Senator Coburn indicated, is about one-third of the
cost of what we voted on in the original Sanders-McCain bill.
Let us defeat this point of order. Let us stand with the veterans of
this country, let us reform the VA, and let us go forward.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I will be very quick.
What our colleagues should know is, since 2009, the VA budget has
increased 58.7 percent, a 40-percent increase in the number of
providers, with a 17-percent increase in the number of veterans using
those providers. The problem is not money at the VA. The problem is
management, accountability, and culture. So we are going to borrow $12
billion from our children and reward the poor behavior and charge it to
our children.
I ask for the yeas and nays.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. I would say in response to my dear friend from Oklahoma,
I agree with every single thing that he has said. But we must embark on
fixing this problem. The choice and the ability to give the Secretary
of Veterans Affairs the authority to hire and fire people is important
to me that I believe they deserve our support.

[[Page 13839]]

I would also ask my friend from Oklahoma, can we leave here for 5
weeks and not address this issue? There are 50 veterans in my State
that have probably died--at least allegations are such. Can we leave
here and not act?
If I had written this bill with only you and me, I would say to my
friend from Oklahoma, it would probably be $10 billion less and all of
it paid for. But we had to negotiate, not only with the other side of
the aisle but with the other side of the Capitol.
So this is not perfect legislation. But for us not to pass it at this
time would send a message to the men and women who have served this
country that we have abandoned them. We can't do that.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I first thank everybody who worked on
this. I know there are a lot of political conundrums that people find
themselves in. We have an August recess. This issue has come up. But I
wonder if I could ask a question of the Senator from Oklahoma, who
knows so much about these issues.
Our staff has looked at the CBO report, and people keep talking about
$10 billion on the floor, but the Choice Program is only funded for 3
years. It looks to me as if this bill is really creating an unfunded
liability. It is a $250 billion cost over the next decade. I can't
verify that based on the CBO numbers that have come out. But as we look
at them, it looks as if the Choice Program continues and grows, and the
number we are talking about is massive.
So I do wish we had more detailed information from CBO, the kind of
information we got on the first bill after the fact. For some reason,
we are not getting it on this.
But it appears to me that if this choice concept continues and we
don't do those things to actually wind down and backfill--wind down VA
for not providing services to these people because they are seeking it
elsewhere--the cost of this could well be $250 billion over the next 10
years unpaid for.
I would like for somebody to answer that. I don't know if Senator
Coburn or someone else could. But we are not talking about $10 billion
is all I am saying.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. What we are talking about is an errant CBO score that
doesn't fit with reality or the information given to them by the VA.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Mr. President, what we are talking about, really, is
rather than get in a car or van and drive for 40 miles and hours and
have that all reimbursed and paid for, a person will go to the local
care provider. Common sense shows that costs one heck of a lot less, I
would say to my colleague.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Mr. President, Senator Coburn forgot to mention one
point when talking about the increase in VA funding. He forgot to
mention that we were in two wars.
He forgot to mention that 500,000 men and women came back from Iraq
and Afghanistan with posttraumatic stress disorder and TBI, not to
mention the loss of legs, the loss of arms, eyesight and hearing.
He forgot to mention that many of the veterans from World War II,
Korea, and Vietnam are getting older and need more detailed care.
So I think it is important that we put $5 billion into the VA to
provide the doctors, the nurses, the personnel they need, so that the
veterans can get into the VA and have quality and timely care. That is
what this legislation is about.
I ask for the yeas and nays.
The PRESIDING OFFICER. The question is on agreeing to the motion to
waive.
The yeas and nays have been previously ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from North Carolina (Mrs.
Hagan), the Senator from Iowa (Mr. Harkin), and the Senator from Hawaii
(Mr. Schatz) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Alexander), the Senator from Mississippi
(Mr. Cochran), and the Senator from Kansas (Mr. Roberts).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``yes.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 86, nays 8, as follows:

[Rollcall Vote No. 253 Leg.]

YEAS--86

Ayotte
Baldwin
Begich
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Collins
Coons
Cornyn
Crapo
Cruz
Donnelly
Durbin
Feinstein
Fischer
Franken
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Risch
Rockefeller
Rubio
Sanders
Schumer
Scott
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wicker
Wyden

NAYS--8

Barrasso
Coburn
Corker
Enzi
Flake
Johnson (WI)
Lee
Sessions

NOT VOTING--6

Alexander
Cochran
Hagan
Harkin
Roberts
Schatz
The PRESIDING OFFICER. On the motion to waive, the yeas are 86, the
nays are 8. The motion to waive is agreed to.
Mr. DURBIN. Mr. President, this week, the Senate confirmed Bob
McDonald as the new Secretary of the VA and today we passed a
compromise veterans bill that will help repair the overwhelmed Veterans
Health Administration. These are two steps in the right direction to
help the men and women who serve in our military receive the care they
need when they come home.
Bob McDonald is an excellent choice to head the VA. I met with
McDonald soon after he was nominated for this position and there is no
doubt he is eager to take on the task of seeing that the VA honors its
promise to the men and women of our armed services. McDonald ran
Proctor and Gamble for several years and knows what it means to put the
customer first. At the VA, veterans are the customers and we have to
provide them with the best service possible. McDonald is a veteran, a
West Point grad, and best of all, he is from Arlington Heights, IL. I
am confident he is the right person for this difficult job.
After an internal audit, the VA confirmed whistleblower assertions
that many VA employees manipulated waitlists to make wait times look
better than they really were. The agency found that in some cases,
staff intimidated schedulers into falsifying data. This is
unacceptable.
I visited the Hines VA Hospital near Chicago last Friday where I met
with Joan Ricard, director of the facility, and Rob Nabors, President
Obama's Deputy Chief of Staff, who is overseeing the investigation into
problems at the VA. We discussed some problems identified by
whistleblowers at Hines pertaining to waitlists and other issues.
I am pleased that the Senate adopted the Veterans bill conference
report. The House passed the bill 420-to-5 yesterday. VA Committee
Chairman Sanders worked very hard both with Members across the aisle
and in the House to put this bill together. It will begin to fix some
of the problems identified by the various investigations into
misconduct at VA medical facilities.
This bill will allow the Secretary to fire senior staff who are not
doing their job or who lied about secret waitlists.

[[Page 13840]]

It will create 27 new VA health facilities to expand capacity,
including a new research lab at Hines in Chicago. That research lab is
100-years-old and in dire need of repair. The new lease will help make
it usable again.
This legislation will make it easier for veterans to get the care
they need outside the VA system if necessary. Now, any enrolled veteran
who lives more than 40-miles from the nearest VA facility or who would
have to wait too long for an appointment will be able to go to a
private doctor. We need to get those waitlists down, and this is one
way to make sure veterans are seen.
The IG investigation has cited a shortage of doctors, nurses, and
other staff as being partly to blame for the waitlist problem. There
simply is not enough staff to see all the veterans who need treatment.
The bill also provides $5 billion to hire new staff.
These are improvements we can all agree on.
Some have expressed concern about the cost of this bill but caring
for veterans is part of the cost of going to war. We spent $1.7
trillion in the Iraq War alone. We can spend $12 billion to honor the
promise we made to our servicemembers.
When we talk about war, we are not just talking about the thousands
of people who died in Iraq and Afghanistan. We're talking about 200,000
men and women who came home with major injuries, both those we can see
and some we cannot. We are talking about people with post-traumatic
stress and traumatic brain injury, people missing limbs and those who
lost hearing or eyesight. Veterans who are entitled to healthcare
services should get the best healthcare they can, and they should get
it in a timely manner.
There is no question that we need to fix this health care system.
Where misconduct has been identified, those responsible should face the
consequences, criminal or otherwise. The Sanders-Miller compromise is a
good step in that direction. Secret waitlists and failures to provide
care do not reflect the promise we made to the men and women who serve
this country. Wars create veterans and veterans need medical care.
Caring for servicemembers is part of the cost of going to war.
The PRESIDING OFFICER. The question occurs on adoption of the
conference report.
The Senator from Vermont is recognized.
Mr. SANDERS. Mr. President, before we vote, I wish to take this
opportunity to thank Senator McCain for his intervention and making
sure that we had serious negotiations.
I thank the staff of the Veterans' Affairs Committee: Steve
Robertson, Dahlia Melendrez, Travis Murphy, Jason Dean, Carlos Fuentes,
Becky Thowman, Ann Vallandingham, Janet Gehring, Elizabeth Austin-
Mackenzie, Kathryn Monet, Katie Van Haste, Shanna Lawrie, Raphael
Anderson, and Shannon Jackson. These guys worked really hard for
months, and I very much appreciate what they did.
The PRESIDING OFFICER. The question is on agreeing to the adoption of
the conference report.
Mr. BARRASSO. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from North Carolina (Mrs.
Hagan), the Senator from Iowa (Mr. Harkin), and the Senator from Hawaii
(Mr. Schatz) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Alexander), the Senator from Mississippi
(Mr. Cochran), and the Senator from Kansas (Mr. Roberts).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``yea'' and the Senator from Mississippi
(Mr. Cochran) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 91, nays 3, as follows:

[Rollcall Vote No. 254 Leg.]

YEAS--91

Ayotte
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Collins
Coons
Cornyn
Crapo
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Lee
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Risch
Rockefeller
Rubio
Sanders
Schumer
Scott
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wicker
Wyden

NAYS--3

Coburn
Corker
Sessions

NOT VOTING--6

Alexander
Cochran
Hagan
Harkin
Roberts
Schatz
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for adoption of the conference report, the conference report is agreed
to.

MAKING CERTAIN CORRECTIONS IN THE ENROLLMENT OF H.R. 3230

The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to consideration of H. Con. Res. 111 which the clerk will
report.
The assistant legislative clerk read as follows:

A concurrent resolution (H. Con. Res. 111) directing the
Clerk of the House of Representatives to make certain
corrections in the enrollment of the bill H.R. 3230.

The PRESIDING OFFICER. Under the previous order, the concurrent
resolution (H. Con. Res. 111) is agreed to and the motion to reconsider
will be considered made and laid upon the table.
The majority leader.

____________________

ORDER OF PROCEDURE

Mr. REID. Mr. President, I ask unanimous consent that notwithstanding
rule XXII, following disposition of the House message related to H.R.
5021, the highway bill, the Senate vote on cloture on Calendar No. 848,
the Pryor nomination; further, that if cloture is invoked, all
postcloture time be expired at 5:30 p.m. on Monday, September 8, 2014,
the Senate resume executive session and the Senate proceed to vote on
confirmation of the nomination; further, that if confirmed, the motion
to reconsider be considered made and laid upon the table, with no
intervening action or debate; that no further motions be in order to
the nomination; that any statements related to the nomination be
printed in the Record; that the President be immediately notified of
the Senate's action and the Senate then resume legislative session.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Mr. President, we will have two more votes.
We will be in session tomorrow. There will be no votes tomorrow, but
there will be some activity here that we have to complete. So the next
vote will be Monday, September 8.

____________________

HIGHWAY AND TRANSPORTATION FUNDING ACT

Mr. REID. Mr. President, I ask that the Chair lay before the Senate
the House message to H.R. 5021.
The Presiding Officer laid before the Senate the following message
from the House of Representatives:

Resolved, That the House disagree to the amendment of the
Senate to the bill (H.R. 5021) entitled ``An Act to provide
an extension of Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the
highway trust fund and for other purposes.''

The PRESIDING OFFICER. The majority leader.
Mr. REID. I move to recede in the Senate amendment to H.R. 5021.

[[Page 13841]]

I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Mr. President, we request 2 minutes of debate on this side,
1 minute for the chairman of the Finance Committee and 1 minute for the
chairman of the public works committee.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Following that, I ask that 18 minutes be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Oregon.
Mr. WYDEN. Mr. President, it is no secret that this Transportation
bill is not the Senate's first choice. However, the alternative to
acting tonight on transportation is to put at risk America's economy,
our communities, and our quality of life. As Senator Hatch noted
earlier tonight, the Senate had a real transportation debate this week
with amendments, alternatives, and bipartisan initiatives. This will
serve us well as we begin to work as soon as the Senate returns to
develop a long-term, bipartisan transportation plan that ensures that
our big-league economy is not plagued by little-league infrastructure.
I urge the Senate to support the legislation.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Senators, I will be brief. It is so unfortunate that the
House walked away from the work we did, the bipartisan work we did
together--79 votes. My goodness. We can't get that these days for
Mother's Day. So it was fantastic what we did: the work of Senator
Wyden and Senator Hatch, the work of Senator Carper and Senator Corker,
the work of Senator Vitter in our committee that I as chair. It is very
sad because what we wanted to do was to take care of this problem this
year, in this Congress, on our watch, not kick the can down the road.
That is what they chose to do in the House. It is most unfortunate, and
their pay-fors were just a lot of smoke and mirrors.
Having said all of that, we all know--and colleagues have asked me
how am I going to vote--that we can't walk away from the highway trust
fund. We can't let it stagger and fall. Millions of jobs and thousands
of businesses depend on it.
So I will be voting aye, and I will be working with Senator Wyden and
the rest of my friends and colleagues to make sure we get a multiyear
bill as soon as possible.
Thank you. I yield the floor.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
The PRESIDING OFFICER (Ms. Baldwin). Are there any other Senators in
the Chamber desiring to vote?
Mr. DURBIN. I announce that the Senator from North Carolina (Mrs.
Hagan), the Senator from Iowa (Mr. Harkin), and the Senator from Hawaii
(Mr. Schatz) are necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Alexander), the Senator from Mississippi
(Mr. Cochran), and the Senator from Kansas (Mr. Roberts).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``nay.''
The result was announced--yeas 81, nays 13, as follows:

[Rollcall Vote No. 255 Leg.]

YEAS--81

Ayotte
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Cardin
Casey
Chambliss
Coats
Collins
Coons
Cornyn
Crapo
Donnelly
Durbin
Enzi
Feinstein
Fischer
Franken
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Risch
Rockefeller
Sanders
Schumer
Shaheen
Shelby
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Walsh
Warner
Warren
Whitehouse
Wicker
Wyden

NAYS--13

Carper
Coburn
Corker
Cruz
Flake
Johnson (WI)
Lee
McCain
Paul
Portman
Rubio
Scott
Sessions

NOT VOTING--6

Alexander
Cochran
Hagan
Harkin
Roberts
Schatz
The PRESIDING OFFICER. The motion to recede from the Senate amendment
to H.R. 5021 is agreed to.

____________________

EXECUTIVE SESSION

______

CLOTURE MOTION

The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session and, pursuant to rule XXII, the Chair lays
before the Senate the pending cloture motion, which the clerk will
state.
The assistant legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Jill A. Pryor, of Georgia, to be United State Circuit Judge
for the Eleventh Circuit.
Harry Reid, Patrick J. Leahy, Christopher A. Coons,
Sheldon Whitehouse, Patty Murray, Amy Klobuchar, Maria
Cantwell, Jack Reed, Bill Nelson, Elizabeth Warren, Tom
Udall, Mazie K. Hirono, Richard Blumenthal, Barbara
Boxer, Tom Harkin, Benjamin L. Cardin, Charles E.
Schumer.

Mr. LEAHY. Madam President, for the fifth year in a row, more than a
dozen qualified, consensus judicial nominees pending before the full
Senate will remain on the Executive Calendar during the August recess.
Each year, I have come before the Senate to remind my fellow Senators
that their refusal to take action on these nominations prior to the
August recess is an unfortunate departure from Senate tradition and to
urge them to stop their obstructive practices and delay tactics. Again,
I am disappointed to see partisanship and senseless obstruction
continue to keep the Senate from fulfilling its constitutional duty of
advice and consent.
We could be voting today to confirm 13 nominees to serve on our
Federal courts, 12 of whom were reported favorably by the Senate
Judiciary Committee by unanimous voice vote. Instead, we are voting to
invoke cloture on only one nomination, that of Jill Pryor, to fill a
judicial emergency vacancy on the U.S. Court of Appeals for the
Eleventh Circuit. She has received the American Bar Association's
highest rating of unanimously ``well qualified'' and has the support of
both of her Republican home State Senators. She will no doubt be
confirmed unanimously, or near unanimously, when we return in
September. As the senior Senator from Georgia, Mr. Chambliss, noted at
her confirmation hearing, ``Jill Pryor has been in private practice in
Atlanta for nearly 25 years. During that time she has played a pivotal
role in some of the largest and most complex cases in Georgia
history.'' We have before us an outstanding candidate to serve on the
Federal bench. Yet her nomination is being filibustered by Senate
Republicans who are delaying her vote for the sake of obstruction.
Despite this unyielding and irrational partisan strategy, the Senate
has made great strides to fill vacancies on courts around the Nation by
confirming 61 circuit and district court nominees this year. I have
heard some Republican Senators point to these confirmations to claim
that today's Senate is treating judicial nominees fairly. These
Senators overlook an important truth: This progress was made because of
the persistent dedication of the majority leader and Democratic
Senators to confront vacancies on the Federal bench and despite the
unprecedented levels of opposition and obstruction from Republican
Senators.

[[Page 13842]]

Because of our Democratic leadership in the Senate, there are now
fewer vacancies on the Federal courts than at any time since January
2009. Since the beginning of this year, we have reduced the vacancies
on our Federal courts by over a third, from 92 to 57, and reduced the
number of judicial emergency vacancies by nearly half, from 37 to 19.
There are now only eight vacancies on the U.S. courts of appeals. Not
since December 1990--over 23 years ago--have there been so few. This is
real progress for the millions of Americans who depend on our courts
for justice.
Many of these confirmations were of nominees to courts that began the
year with record-high numbers of vacancies. In Arizona, I worked with
Senator McCain and Senator Flake to confirm six nominees to fill
judicial emergency vacancies on their district court. In Florida, I
worked with Senator Nelson and Senator Rubio to confirm seven nominees
to fill judicial emergency vacancies in the Southern and Middle
Districts of Florida as well as on the Eleventh Circuit. These States
are success stories, and the people of Arizona and Florida are better
served for having trial and appellate judges ready to hear their cases.
No Senator should believe, however, that our work is done. There are
13 judicial nominees pending on the Senate floor who should be
confirmed without delay. Yet, even if the Senate were to confirm these
nominees today, the Federal judiciary would remain understaffed. In
addition to the 57 current vacancies, the Judicial Conference has
identified the need for 91 new judgeships in some of America's judicial
districts and circuits with the most burdensome caseloads. Last year,
Senator Coons and I introduced the Federal Judgeship Act of 2013 to
enact these recommendations into law. The timely administration of
justice should not be a partisan issue. It is an issue that affects all
Americans and the Senate should take it seriously by passing this bill.
The recommendations of the Judicial Conference only underscore how,
despite the 61 judicial confirmations so far in 2014, the Senate
continues to fall short of its obligations to the Federal judiciary and
the American people. I have heard some Republican Senators claim the
opposite by citing the total judicial confirmation figures of current
and former Presidents. It is true that the Senate has now confirmed 277
of President Obama's circuit, district, and U.S. Court of International
Trade nominees, compared to 253 confirmations at the same point in the
last administration. Yet these numbers are meaningless without
providing their proper context. These confirmations were sorely needed.
There remain 57 vacancies on the Federal bench--far more than the 42
vacancies at this point during the Bush administration. There are an
additional 24 announced future vacancies on our Federal courts that
will also need to be filled in the coming months.
Vacancies remain high not because of a failure of Senate Democrats or
President Obama to make judicial confirmations a priority; Americans
seeking justice around the country face delays because of the endless
obstruction of partisan Republicans who take every opportunity they can
to shut down the important work of the Senate. Last year, no longer
content to block individual judges, Senate Republicans attempted a
wholesale filibuster of three nominees to the DC Circuit, without even
considering their qualifications. Then, instead of confirming the
consensus judicial nominees pending on the Executive Calendar prior to
the end of the congressional session, Republicans forced the President
to renominate each nominee and the Senate Judiciary Committee to report
them again this year.
This year, Senate Republicans have proceeded to filibuster each and
every judicial nominee. After today, the Senate will have taken 62
cloture votes on judicial nominations so far this year, amounting to
well over 400 wasted hours the Senate should have spent considering
legislation to help the American people. Never before has the Senate
seen the systematic filibuster of every judicial nominee, or such
unfair treatment of qualified, consensus nominees.
The result of these tactics has been high vacancy levels on the
Federal courts. The implications of these vacancies were made clear by
a recent Brennan Center for Justice paper titled ``The Impact of
Judicial Vacancies on Federal Trial Courts.'' In it, judges and
attorneys in districts with high levels of vacancies describe the way
empty court rooms slow the administration of justice, ``raise the cost
of litigation, cause evidence to go stale, make it harder to settle
civil cases, and even put pressure on criminal defendants to plead
guilty.'' Chief Judge Leonard Davis in the Eastern District of Texas
said the impact of vacancies comes down to ``simple math.'' Vacancies
lead to heavier caseloads and judges ``have less time to give to [an
individual] case . . . It affects the quality of justice that's being
dispensed and the quantity of work you can complete.''
The incredible burden facing Federal courts in Texas is
understandable with its nine current district court vacancies--more
than any other State. Therefore, I hope that Republicans on the
Judiciary Committee, including both Senators from Texas, will be ready
to proceed with a hearing on the three pending Texas district court
nominees as soon as the Senate returns to session in September. I also
hope that the Texas Senators will continue to work with the
administration on nominees to fill the six other current district
vacancies in their State as well as the four known future district
court vacancies.
The continued high number of vacancies across our Federal courts is
unacceptable to me and should be unacceptable to every Member of this
body. The Senate should act quickly to confirm the consensus nominees
pending on the Senate floor. The Senate should also pass the Federal
Judgeship Act of 2013 to ensure that our coequal branch of government
has the resources it needs to serve its constitutionally mandated
function.
I am glad that we are voting to overcome the Republican filibuster of
the nomination of Jill Pryor, and I thank the majority leader for
taking action on her nomination. If the Senate were operating as it
once did, without this partisan treatment of judicial nominations, she
would have been confirmed weeks ago.
I hope that in the weeks following the August recess Senators will
start working together to continue the progress we have made so far in
2014. The American people deserve courts capable of providing access to
swift justice, not empty courtrooms and delays.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Jill A. Pryor, of Georgia, to be United States Circuit
Judge for the Eleventh Circuit, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN, I announce that the Senator from North Carolina (Mrs.
Hagan), the Senator from Iowa (Mr. Harkin), and the Senator from Hawaii
(Mr. Schatz) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Tennessee (Mr. Alexander), the Senator from Mississippi (Mr.
Cochran), the Senator from Texas (Mr. Cornyn), the Senator from Kansas
(Mr. Roberts), the Senator from South Carolina (Mr. Scott), and the
Senator from Pennsylvania (Mr. Toomey).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``nay'' and the Senator from Texas (Mr.
Cornyn) would have voted ``nay.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 58, nays 33, as follows:

[[Page 13843]]

[Rollcall Vote No. 256 Ex.]

YEAS--58

Ayotte
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chambliss
Collins
Coons
Donnelly
Durbin
Feinstein
Fischer
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Isakson
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden

NAYS--33

Barrasso
Blunt
Boozman
Burr
Coats
Coburn
Corker
Crapo
Cruz
Enzi
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Paul
Portman
Risch
Rubio
Sessions
Shelby
Thune
Vitter
Wicker

NOT VOTING--9

Alexander
Cochran
Cornyn
Hagan
Harkin
Roberts
Schatz
Scott
Toomey
The PRESIDING OFFICER. On this vote the yeas are 58, the nays are 33.
The motion is agreed to.
The majority leader.

Unanimous Consent Request--H.J. Res. 76

Mr. REID. Madam President, I renew the request I made earlier this
evening.
I ask unanimous consent that the Senate proceed to Calendar No. 220;
that a Reid-McConnell-Mikulski substitute amendment at the desk
providing emergency appropriations for the Iron Dome defense system in
Israel be agreed to; that the joint resolution, as amended, be read a
third time and passed; that the motions to reconsider be considered
made and laid on the table with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
The Senator from New Jersey.

UNANIMOUS CONSENT REQUEST--EXECUTIVE CALENDAR

Mr. MENENDEZ. Madam President, I rise in support of all of the career
Foreign Service officers whose nominations have been held up in the
Chamber until there is a crisis somewhere in the world, until there is
a Presidential or Vice Presidential trip to some part of the world that
suddenly demands our attention, and then miraculously holds are lifted
and nominees are approved.
On a Thursday, Malaysian Airlines Flight 17 crashed in eastern
Ukraine. On the following Monday, the Senate confirmed Michael Lawson
as the U.S. Ambassador to the International Civil Aviation
Organization. He had been pending before the Senate. His first day on
the job, his first time meeting his colleagues, he was forced to
grapple with this crisis.
In the last week or 10 days, two more plane crashes have occurred in
Taiwan and in Mali, an Algerian plane. Random events around the world
cannot determine when the Senate acts on nominees. We cannot continue
to follow a policy of confirmation by crisis. It took the President to
travel to Saudi Arabia--an important ally--and the Vice President to
travel to Chile for the Senate to confirm the nominees to those
countries. In the case of Chile, Ambassador Hammer was taken to his new
office in Santiago for his first day on the job on Air Force Two
because the Senate approved his nomination just before the Vice
President was to visit Chile. It should not require flying on Air Force
Two to get to your posting for your first day of work as a U.S.
Ambassador. Take the case of our Ambassador to Qatar. She waited for
months, and then Bergdahl was exchanged for five Guantanamo detainees
released to Qatar, and suddenly she was approved. It almost required
the President to be ``wheels up'' on Air Force One on his way to Riyadh
before we confirmed an Ambassador to Saudi Arabia.
I repeat, the criteria for confirming nominees should not be
determined by a sudden just-breaking crisis, with the urgent need to
fill a vacant post. Confirmation-by-crisis is not a strategy. It is not
in the national security interests of the United States.
Now the Foreign Relations Committee has moved judiciously--in some
cases with record-setting speed--to confirm nominees. In the face of
obstructionism on the floor of the Senate, the committee has proven
that bipartisanship is not only possible but it can thrive when
American national security interests are put first.
It is my view that we must lift up our Ambassadors and their
families, not put them down. These individuals are serving our Nation.
Their families are sacrificing for our Nation. They deserve better. Our
career Foreign Service officers serve Democratic and Republican
Presidents. They should not, must not be treated as political pawns.
We cannot continue to allow the pulpits where we preach American
values to remain vacant. No Nation can listen to us if we are not
present to speak for ourselves. American leadership can only occur if
American leaders are present on the international stage.
The Senate standoff that has left so many career Foreign Service
nominees in political and personal limbo is damaging our credibility,
undermining our national security, and it has to end now.
I rise today for the career ambassadors who have not gotten the
decency of a vote in the Senate, career ambassadors who are waiting,
along with their families, for months, some more than a year, to take
their posts. They are trapped on the Executive Calendar, unable to
assume their appointed posts because the leadership on the Republican
side has chosen to hold them hostage as a political tool. They have
consciously chosen a strategy to do nothing, pass nothing, approve
nothing, and leave key diplomatic posts unfilled for months,
threatening national security and our ability to conduct foreign
policy.
I ask unanimous consent that the Senate proceed to executive session
to consider the following nominees: Calendar No. 524, Adam M. Scheinman
to be Special Representative of the President for Nuclear
Nonproliferation, with the rank of Ambassador; Calendar No. 533, Karen
Stanton to be the Ambassador to the Republic of Timor-Leste; Calendar
No. 536, Eric Schultz to be Ambassador to the Republic of Zambia;
Calendar No. 540, Donald Lu to be the Ambassador to the Republic of
Albania; Calendar No. 542, Amy Hyatt to be Ambassador to the Republic
of Palau; Calendar No. 544, John Hoover to be the Ambassador to the
Republic of Sierra Leone; Calendar No. 546, Matthew Harrington to be
the Ambassador to the Kingdom of Lesotho; Calendar No. 548, Thomas
Daughton to be the Ambassador to Namibia; Calendar No. 637, Arnold
Chacon to be Director General of the Foreign Service; Calendar No. 696,
Luis Moreno to be Ambassador to Jamaica; Calendar No. 699, Maureen
Cormack to be the Ambassador to Bosnia and Herzegovina; Calendar No.
707, Linda Thomas-Greenfield, an Assistant Secretary of State of
African Affairs, to be a Member of the Board of Directors of the
African Development Foundation; Calendar No. 898, Ted Osius to be
Ambassador to the Republic of Vietnam; Calendar No. 902, Gentry O.
Smith to be Director of the Office of Foreign Missions and have the
rank of Ambassador during his tenure; Calendar No. 927, Leslie Bassett
to be Ambassador to Paraguay; Calendar No. 953, George Albert Krol to
be Ambassador to the Republic of Kazakhstan; Calendar No. 954, Marcia
Stephens Bloom Bernicat to be Ambassador to the People's Republic of
Bangladesh; Calendar No. 955, James D. Pettit to be Ambassador to the
Republic of Moldova; Calendar No. 956, John R. Bass to be Ambassador to
the Republic of Turkey; Calendar No. 957, Allan P. Mustard to be
Ambassador to Turkmenistan; Calendar No. 958, Todd Robinson to be
Ambassador to the Republic of Guatemala; Calendar No. 961, Erica J.
Barks Ruggles to be Ambassador to the Republic of Rwanda; Calendar No.
962, Brent Robert Hartley to be Ambassador to the Republic of Slovenia;
Calendar No. 966, Michele Jeanne Sison to be the Deputy Representative
of the United States of

[[Page 13844]]

America to the United Nations, with the rank and status of Ambassador,
and the Deputy Representative of the United States of America to the
Security Council of the United Nations; finally, Calendar No. 967,
Michele Jeanne Sison to be Representative of the United States of
America to the Sessions of the General Assembly of the United Nations,
during her tenure of service as the Deputy Representative of the United
States of America to the United Nations.
The PRESIDING OFFICER. Is there objection?
The Senator from Wyoming.
Mr. ENZI. Madam President, I don't think he is finished with his
unanimous consent request.
Mr. MENENDEZ. I appreciate that.
Further, that their nominations be confirmed en bloc, the motions to
reconsider be considered made and laid upon the table, with no
intervening action or debate; that no further motions be in order to
any of the nominations; that any related statements be printed in the
Record; that the President be immediately notified of the Senate's
action and the Senate resume legislative session.
The PRESIDING OFFICER. Is there objection?
The Senator from Wyoming.
Mr. ENZI. Madam President, reserving the right to object, we used to
pass ambassadors and all kinds of people en bloc like that. But we have
this nuclear option that the majority chose, so it takes a little
longer to do the whole process.
On that basis, I object.
The PRESIDING OFFICER. Objection is heard.
Mr. MENENDEZ. Madam President, I don't know about nuclear options,
but I do know about national security.
When we have objections to some career ambassadors--I am not even
talking about other nominees who are equally as important to places in
the world where we face a challenge. But when I extract those out of
the list that are also pending before the Senate in critical places in
the world and just say, my God, if a career ambassador--someone who
serves under Democratic and Republican administrations and has
committed their life to the service of our country in the foreign
service--cannot get to their places, I don't understand.
I don't understand how we can actually object to places like
Guatemala where we are having the crisis that we just debated right
now. Wouldn't it be great to have a U.S. Ambassador to Guatemala to
direct the Guatemalan Government as to our concerns about how children
are coming here? Wouldn't it be great to have the Ambassador to Turkey
at a time when we have all of these challenges in the region, where
Turkey has a huge number of Syrian refugees. And we say we object to
those? Or Vietnam, where we are looking at a 123 nuclear agreement and
where we are concerned about what China is doing in the South China Sea
as it ultimately challenges Vietnam in international waters for
drilling purposes? And the list goes on and on.
So let me at least try some. If I can't do them as a bloc, let's see
if we can get somebody confirmed here at the end of the day to critical
positions.
So let me ask unanimous consent that the Senate proceed to executive
session to consider this following nomination: Calendar No. 968, John
Tefft to be Ambassador to Russia, a career ambassador.
Now, imagine if we cannot send a United States Ambassador to Russia
in the midst of the enormous challenges.
So I ask unanimous consent that the Senate proceed to executive
session to consider nomination Calendar No. 968, John Tefft, Ambassador
to Russia; that the nomination be confirmed; that the motion to
reconsider be considered made and laid upon the table; that there be no
intervening action or debate; that no further motions be in order to
that nomination; that any related statements be printed in the Record;
that the President be immediately notified of the Senate's action, and
the Senate then resume legislative session.
The PRESIDING OFFICER. Is there objection?
The Senator from Wyoming.
Mr. ENZI. Madam President, this is the procedure the majority set up.
And the majority is going to be stuck with their decision to delay
people, thinking they could speed them up and take away some of the
minority rights.
So I object.
The PRESIDING OFFICER. Objection is heard.
Mr. MENENDEZ. Madam President, this is not a procedure the majority
set up. The procedure that is being set up is one where career nominees
and critical nominees are being held on the floor as a procedure that
the Republicans have decided to do.
Let me try once again. Let's see whether there is a more important
place than Russia.
I ask unanimous consent that the Senate proceed to executive session
to consider the following nomination: Mark Lippert to be Ambassador to
South Korea, Calendar No. 893; that the nomination be confirmed; that
the motion to reconsider be considered made and laid upon the table
with no intervening action or debate; that no further motions be made
in order to that nomination; that any related statements be printed in
the Record; that the President be immediately notified of the Senate's
action, and the Senate then resume legislative business.
The PRESIDING OFFICER. Is there objection?
The Senator from Wyoming.
Mr. ENZI. Madam President, this is a political appointment, not a
career appointment. If I objected to a career appointment, I certainly
object to a political appointment.
So I object.
The PRESIDING OFFICER. Objection is heard.
Mr. MENENDEZ. It is true it is a political appointment, but to the
Republic of South Korea. At a time when we are facing challenges in the
South China Sea, where there is a dispute between China and Korea,
where we have critical interests, where we are dealing with North
Korea, we can't have an Ambassador to South Korea?
Let me just say that I could go through a list of critical countries.
And it is pretty amazing to me. I have some of my colleagues who have
come to the floor to talk about national security. Well, national
security isn't only about having a trigger and a gun. National security
is also about having an ambassador in a country to ultimately press our
case and our concerns as it relates to our bilateral relationship with
that country.
So places like Russia, which was objected to, places like South
Korea, places like Guatemala, where we are having the crisis, and a
whole bunch of African countries that were in the career list--we are
going to have the African leader come here next Monday and Tuesday, but
we are not going to have ambassadors to a whole bunch of their
countries--career ambassadors to a whole bunch of their countries. That
is not in the national interests and security of the United States.
I hope that after having waited quite some time in order to finally
get to this point where I felt the necessity to come to the floor and
ask for unanimous consent, that instead of the trickle that we
occasionally get because there is a crisis and therefore there is a
response to the crisis, that we can avoid responding by crisis and
having people in places that maybe would help us to ensure that the
crisis doesn't take place.
Madam President, I yield the floor.
Mr. CARPER. Will the Senator yield for a question?
Mr. MENENDEZ. I would be happy to yield.
Mr. CARPER. Would the chairman tell us again the name of the
ambassador nominated by the President to be Ambassador to Guatemala?
Mr. MENENDEZ. The gentleman who is nominated, a career nominee to be
the Ambassador to Guatemala is Todd D. Robinson.
Mr. CARPER. I would say to my colleagues, as chairman of the homeland
security committee, I have been down to a number of Central American
countries--Mexico, Colombia, Guatemala, El Salvador. If there is
anybody that needs a U.S. ambassador down there, it

[[Page 13845]]

is Guatemala. We see all these young people, not so young people,
coming to this country, trying to get in this country. The reason they
are coming up here is there is no hope--no economic hope, crime, lack
of opportunity--and we have no ambassador there. We haven't had an
ambassador there for months.
I would just make a plea for the chairman to make a unanimous consent
if only for the Ambassador to Guatemala. And I would just plead with my
colleague, my friend from Wyoming, not to object.
Mr. MENENDEZ. I say to my distinguished colleague from Delaware that
I already included the Ambassador to Guatemala in my list and there was
objection. If the Senator from Wyoming, who I believe is not doing this
in his own course but on behalf of his leadership, has an indication
that he would accept that, I would be happy to do it; otherwise, I
think we would further not be able to achieve it.
Mr. CARPER. I would ask, would the Senator one more time make the
unanimous consent request for Todd Robinson.
Mr. MENENDEZ. I ask unanimous consent that the Senate proceed to
executive session to consider the following nomination: Calendar No.
958, Todd D. Robinson to be the Ambassador to Guatemala; that the
nomination be confirmed; that the motion to reconsider be made and laid
upon the table; that no intervening action or debate or further motions
be in order to that nomination; that any related statements be printed
in the Record; that the President be immediately notified of the
Senate's action, and the Senate then resume legislative session.
The PRESIDING OFFICER. Is there objection?
Mr. ENZI. Madam President, reserving the right to object.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. ENZI. We have been through this nomination and the others before.
There is a procedure that was set up that is recognized now by both
sides but that our side feels forced into because of the nuclear option
where the other side broke the rules in order to change the rules. And
the way that works, the majority leader is still the one that has every
power within this body--except the Congressional Review Act--and he
hasn't chosen to bring these up in the normal order, instead asking to
bring them up en bloc.
My college roommate was a career ambassador, and I helped him get
assignments and brought a lot of people through en bloc at the same
time. But that was before we had the nuclear option.
So on that basis, I object.
The PRESIDING OFFICER. Objection is heard.
Mr. MENENDEZ. Madam President, I will close on this. Look, the
reality is that if each of these ambassadors was going to be brought up
and had to go through cloture and go through the whole process of time
or the debate time that would be attributed to each one of them, we
would spend the rest of this congressional session doing exactly that.
That would not help our national security interests in terms of getting
these people in place.
I want to get these people in place. I have limited the requests to
countries that have career individuals and to countries that also are
critical for our national security. I just hope that, in the national
interest of the United States, we can come to a better position at some
other time.
Madam President, I yield the floor.
The PRESIDING OFFICER. Cloture having been invoked on the Pryor
nomination, the Chair directs the clerk to report the nomination.
The legislative clerk read the nomination of Jill A. Pryor, of
Georgia, to be United States Circuit Judge for the Eleventh Circuit.
The PRESIDING OFFICER. The Senator from Wyoming.

____________________

MORNING BUSINESS

Mr. ENZI. Madam President, I ask unanimous consent that the Senate
proceed to a period of morning business, with Senators permitted to
speak therein for up to 10 minutes each.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Oregon.
Mr. MERKLEY. Madam President, reserving the right to object, would
the Senator from Wyoming consider modifying that request to include me
to follow on, following his remarks?
Mr. ENZI. Certainly.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. COBURN. Reserving the right to object----
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Senator Rubio has been waiting all day to offer a
unanimous consent request on a bill he has. I ask unanimous consent
that the 2 minutes that Senator Rubio would like to have be available
between Senator Enzi and Senator Merkley.
Mr. MERKLEY. I have absolutely no objection to that.
Mr. ENZI. I revise my unanimous consent request for my speech, then
Senator Rubio for 2 minutes, then Senator Merkley.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. Reserving the right to object.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. I will be very brief. I want to join Senator Rubio, if
I can have 2 minutes as well, before going to Senator Merkley.
THE PRESIDING OFFICER. Without objection, the modified request is
agreed to.
The Senator from Wyoming.

____________________

RETIREMENT OF ROBIN BAILEY

Mr. ENZI. Madam President, the speech I need to give now is not one
of my favorite speeches. It is a very important speech.
There is an old saying we have all heard before: Good help is hard to
find. Here is my experience: Good help is not only hard to find, it is
almost impossible to replace. Those words have come to my mind quite
often in the days since my State director Robin Bailey told us she had
decided to retire.
As we began our search for a new State director, it soon became
apparent that you can't replace Robin Bailey.

____________________

MESSAGES FROM THE PRESIDENT

Messages from the President of the United States were communicated to
the Senate by Mr. Pate, one of his secretaries.

____________________

EXECUTIVE MESSAGES REFERRED

As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations which were referred to the appropriate committees.
(The messages received today are printed at the end of the Senate
proceedings.)

____________________

MESSAGES FROM THE HOUSE

At 11:35 a.m., a message from the House of Representatives, delivered
by Mr. Novotny, one of its reading clerks, announced that the House has
passed the following bill, in which it requests the concurrence of the
Senate:

H.R. 5195. An act to provide additional visas for the
Afghan Special Immigrant Visa Program, and for other
purposes.

Enrolled Bill Signed

The President pro tempore (Mr. Leahy) reported that he had signed the
following enrolled bill, which was previously signed by the Speaker of
the House:

S. 1799. An act to reauthorize subtitle A of the Victims of
Child Abuse Act of 1990.
____

At 4:10 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House
disagrees to the amendment of the Senate to the bill (H.R. 5021) to
provide an extension of Federal-aid highway, highway safety, motor
carrier safety, transit, and other programs funded out of the Highway
Trust Fund, and for other purposes.

[[Page 13846]]

____________________

MEASURES PLACED ON THE CALENDAR

The following bill was read the second time, and placed on the
calendar:

S. 2709. A bill to extend and reauthorize the Export-Import
Bank of the United States, and for other purposes.

The following bill was read the first and second times by unanimous
consent, and placed on the calendar:

H.R. 4450. An act to extend the Travel Promotion Act of
2009, and for other purposes.

____________________

MEASURES READ THE FIRST TIME

The following bills were read the first time:

S. 2772. A bill making supplemental appropriations for the
fiscal year ending September 30, 2014, and for other
purposes.
S. 2773. A bill making supplemental appropriations for the
fiscal year ending September 30, 2014, for border security,
law enforcement, humanitarian assistance, and for other
purposes.

____________________

ENROLLED BILL PRESENTED

The Secretary of the Senate reported that on today, July 31, 2014,
she had presented to the President of the United States the following
enrolled bill:

S. 1799. An act to reauthorize subtitle A of the Victims of
Child Abuse Act of 1990.

____________________

EXECUTIVE AND OTHER COMMUNICATIONS

The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:

EC-6686. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Bifenazate; Pesticide Tolerances'' (FRL No. 9912-
92) received in the Office of the President of the Senate on
July 29, 2014; to the Committee on Agriculture, Nutrition,
and Forestry.
EC-6687. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting the report of
one (1) officer authorized to wear the insignia of the grade
of major general, as indicated, in accordance with title 10,
United States Code, section 777; to the Committee on Armed
Services.
EC-6688. A communication from the Assistant Director,
Senior Executive Management Office, Department of Defense,
transmitting, pursuant to law, (9) reports relative to
vacancy announcements within the Department, received in the
Office of the President of the Senate on July 30, 2014; to
the Committee on Armed Services.
EC-6689. A communication from the Assistant Director,
Senior Executive Management Office, Department of Defense,
transmitting, pursuant to law, (25) reports relative to
vacancy announcements within the Department, received in the
Office of the President of the Senate on July 30, 2014; to
the Committee on Armed Services.
EC-6690. A communication from the Associate General Counsel
for Legislation and Regulations, Office of Housing--Federal
Housing Commissioner, Department of Housing and Urban
Development, transmitting, pursuant to law, the report of a
rule entitled ``Federal Housing Administration (FHA):
Refinancing an Existing Cooperative Under Section 207
Pursuant to Section 223(f) of the National Housing Act''
(RIN2502-AI92) received in the Office of the President of the
Senate on July 30, 2014; to the Committee on Banking,
Housing, and Urban Affairs.
EC-6691. A communication from the Acting Chief Counsel,
Federal Emergency Management Agency, Department of Homeland
Security, transmitting, pursuant to law, the report of a rule
entitled ``Suspension of Community Eligibility'' ((44 CFR
Part 64) (Docket No. FEMA-2014-0002)) received in the Office
of the President of the Senate on July 30, 2014; to the
Committee on Banking, Housing, and Urban Affairs.
EC-6692. A communication from the Acting Director of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting, pursuant to law, the report of a rule entitled
``Revision of Fee Schedules; Fee Recovery for Fiscal Year
2014'' ((RIN3150-AJ32) (NRC-2013-0276)) received in the
Office of the President of the Senate on July 30, 2014; to
the Committee on Environment and Public Works.
EC-6693. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Air Quality
Implementation Plans; Delaware; Redesignation Requests,
Associated Maintenance Plans, and Motor Vehicle Emissions
Budgets for the Delaware Portion of the Philadelphia-
Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual
and 2006 24-Hour Fine Particulate Matter Standards, and the
2007 Comprehensive Emissions Inventory for the 2006 24-Hour
Fine Particulate Matter Standard'' (FRL No. 9914-53-Region 3)
received in the Office of the President of the Senate on July
29, 2014; to the Committee on Environment and Public Works.
EC-6694. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Implementation Plans;
State of Nebraska; Fine Particulate Matter New Source Review
Requirements'' (FRL No. 9914-52-Region 7) received in the
Office of the President of the Senate on July 29, 2014; to
the Committee on Environment and Public Works.
EC-6695. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Implementation Plans;
Alaska; Interstate Transport of Pollution'' (FRL No. 9914-48-
Region 10) received in the Office of the President of the
Senate on July 29, 2014; to the Committee on Environment and
Public Works.
EC-6696. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Implementation Plans;
Texas; Reasonably Available Control Technology for the 1997
8-Hour Ozone National Ambient Air Quality Standard'' (FRL No.
9914-45-Region 6) received in the Office of the President of
the Senate on July 29, 2014; to the Committee on Environment
and Public Works.
EC-6697. A communication from the Director of the
Regulatory Management Division, Environmental Protection
Agency, transmitting, pursuant to law, the report of a rule
entitled ``Approval and Promulgation of Air Quality
Implementation Plans; Navajo Nation; Regional Haze
Requirements for Navajo Generating Station'' (FRL No. 9914-
62-Region 9) received in the Office of the President of the
Senate on July 29, 2014; to the Committee on Environment and
Public Works.
EC-6698. A communication from the Acting Director of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting, pursuant to law, the report of a rule entitled
``Export Controls and Physical Security Standards''
((RIN3150-AJ33) (NRC-2014-0007)) received in the Office of
the President of the Senate on July 30, 2014; to the
Committee on Foreign Relations.
EC-6699. A communication from the Acting Chief Financial
Officer, transmitting, pursuant to law, a report entitled
``U.S. Department of Homeland Security Annual Performance
Report for Fiscal Years 2013-2015''; to the Committee on
Homeland Security and Governmental Affairs.
EC-6700. A communication from the General Counsel, Office
of Compliance, United States Congress, transmitting, pursuant
to law, a biennial report to Congress entitled ``Americans
with Disabilities Act Inspections Relating to Public Services
and Accommodations''; to the Committee on Homeland Security
and Governmental Affairs.
EC-6701. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety
Zones; Annual Events in the Captain of the Port Zone
Buffalo'' ((RIN1625-AA00) (Docket No. USCG-2014-0081))
received in the Office of the President of the Senate on July
30, 2014; to the Committee on Commerce, Science, and
Transportation.
EC-6702. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone;
Fireworks Display, Lake Michigan; Winnetka, IL'' ((RIN1625-
AA00) (Docket No. USCG-2014-0259)) received in the Office of
the President of the Senate on July 30, 2014; to the
Committee on Commerce, Science, and Transportation.
EC-6703. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone,
Patapsco River; Baltimore, MD'' ((RIN1625-AA00) (Docket No.
USCG-2014-0201)) received in the Office of the President of
the Senate on July 30, 2014; to the Committee on Commerce,
Science, and Transportation.
EC-6704. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone;
Columbus Road Bridge Installation, Cuyahoga River, Cleveland,
OH'' ((RIN1625-AA00) (Docket No. USCG-2014-0556)) received in
the Office of the President of the Senate on July 30, 2014;
to the Committee on Commerce, Science, and Transportation.
EC-6705. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone;
2014 Fireworks Displays in Northern New England'' ((RIN1625-
AA00) (Docket No. USCG-2014-0491)) received in the Office of
the President of the Senate on July 30, 2014; to the
Committee on Commerce, Science, and Transportation.

[[Page 13847]]

EC-6706. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone;
Belt Parkway Bridge Construction, Gerritsen Inlet; Brooklyn,
NY--Correction'' ((RIN1625-AA00) (Docket No. USCG-2013-0471))
received in the Office of the President of the Senate on July
30, 2014; to the Committee on Commerce, Science, and
Transportation.
EC-6707. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone,
Marine Week Seattle Seahawks Demonstration, Lake Washington;
Seattle, WA'' ((RIN1625-AA00) (Docket No. USCG-2014-0574))
received in the Office of the President of the Senate on July
30, 2014; to the Committee on Commerce, Science, and
Transportation.
EC-6708. A communication from the Federal Register Liaison
Officer, Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Establishment of the Upper Hiwassee
Highlands Viticultural Area'' (RIN1513-AC02) received in the
Office of the President of the Senate on July 30, 2014; to
the Committee on the Judiciary.
EC-6709. A communication from the Assistant Attorney
General, Office of Legislative Affairs, Department of
Justice, transmitting, pursuant to law, a report relative to
the Department's activities under the Civil Rights of
Institutionalized Persons Act during fiscal year 2013; to the
Committee on the Judiciary.
EC-6710. A communication from the Director, Administrative
Office of the United States Courts, transmitting, pursuant to
law, a report relative to applications for delayed-notice
search warrants and extensions during fiscal year 2013; to
the Committee on the Judiciary.
EC-6711. A communication from the Assistant Attorney
General, Office of Legislative Affairs, Department of
Justice, transmitting, pursuant to law, a report entitled
``Uniformed Services Employment and Reemployment Rights Act
of 1994 (USERRA) Quarterly Report to Congress; Third Quarter
of Fiscal Year 2014''; to the Committee on Veterans' Affairs.
EC-6712. A communication from the Assistant Administrator
for Procurement, National Aeronautics and Space
Administration, transmitting, pursuant to law, the report of
a rule entitled ``NASA Federal Acquisition Regulation
Supplement (NFS): Contractor Whistleblower Protections''
(RIN2700-AE08) received in the Office of the President of the
Senate on July 30, 2014; to the Committee on Commerce,
Science, and Transportation.
EC-6713. A communication from the Assistant Administrator
for Fisheries, Office of Sustainable Fisheries, Department of
Commerce, transmitting, pursuant to law, the report of a rule
entitled ``Atlantic Highly Migratory Species; 2014 Atlantic
Bluefin Tuna Quota Specifications'' (RIN0648-XD092) received
in the Office of the President of the Senate on July 30,
2014; to the Committee on Commerce, Science, and
Transportation.
EC-6714. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Special
Local Regulation; Suncoast Offshore Grand Prix; Gulf of
Mexico, Sarasota, FL'' ((RIN1625-AA08) (Docket No. USCG-2013-
0789)) received in the Office of the President of the Senate
on July 30, 2014; to the Committee on Commerce, Science, and
Transportation.
EC-6715. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Special
Local Regulation and Safety Zones; Recurring Marine Events
and Fireworks Displays within the Fifth Coast Guard
District'' ((RIN1625-AA08) (Docket No. USCG-2014-0095))
received in the Office of the President of the Senate on July
30, 2014; to the Committee on Commerce, Science, and
Transportation.
EC-6716. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Drawbridge
Operation Regulation; Gulf Intracoastal Waterway, Venice,
FL'' ((RIN1625-AA09) (Docket No. USCG-2013-0848)) received in
the Office of the President of the Senate on July 30, 2014;
to the Committee on Commerce, Science, and Transportation.
EC-6717. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Navigation
and Navigable Waters; Technical, Organizational, and
Conforming Amendments'' ((RIN1625-AC13) (Docket No. USCG-
2014-0410)) received in the Office of the President of the
Senate on July 30, 2014; to the Committee on Commerce,
Science, and Transportation.
EC-6718. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Regulated
Navigation Area and Safety Zone: Tappan Zee Bridge
Construction Project, Hudson River; South Nyack and
Tarrytown, NY'' ((RIN1625-AA00; 1625-AA11) (Docket No. USCG-
2013-0705)) received in the Office of the President of the
Senate on July 30, 2014; to the Committee on Commerce,
Science, and Transportation.
EC-6719. A communication from the Attorney-Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Lifesaving
Equipment: Production Testing and Harmonization with
International Standards'' ((RIN1625-AA00) (Docket No. USCG-
2010-0048)) received in the Office of the President of the
Senate on July 30, 2014; to the Committee on Commerce,
Science, and Transportation.
EC-6720. A communication from the Attorney Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Quarterly
Listings; Safety Zones, Security Zones, Special Local
Regulations, Drawbridge Operation Regulations and Regulated
Navigation Areas'' (Docket No. USCG-2014-0567) received in
the Office of the President of the Senate on July 30, 2014;
to the Committee on Commerce, Science, and Transportation.
EC-6721. A communication from the Federal Register Liaison
Officer, Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Establishment of the Malibu Coast
Viticultural Area'' (RIN1513-AC01) received in the Office of
the President of the Senate on July 31, 2014; to the
Committee on the Judiciary.

____________________

REPORTS OF COMMITTEES

The following reports of committees were submitted:

By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, without amendment:
S. 1771. A bill to amend the Wild and Scenic Rivers Act to
adjust the Crooked River boundary, to provide water certainty
for the City of Prineville, Oregon, and for other purposes
(Rept. No. 113-225).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, with an amendment in the nature of a substitute:
S. 1800. A bill to require the Secretary of the Interior to
submit to Congress a report on the efforts of the Bureau of
Reclamation to manage its infrastructure assets (Rept. No.
113-226).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, with an amendment:
S. 1946. A bill to amend the Reclamation Safety of Dams Act
of 1978 to modify the authorization of appropriations (Rept.
No. 113-227).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, without amendment:
S. 1965. A bill to amend the East Bench Irrigation District
Water Contract Extension Act to permit the Secretary of the
Interior to extend the contract for certain water services
(Rept. No. 113-228).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, with an amendment in the nature of a substitute:
S. 2010. A bill to amend the Water Conservation and
Utilization Act to authorize the development of non-Federal
hydropower and issuance of leases of power privileges at
projects constructed pursuant to the authority of the Water
Conservation and Utilization Act, and for other purposes
(Rept. No. 113-229).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, with amendments:
S. 2019. A bill to reauthorize and update certain
provisions of the Secure Water Act (Rept. No. 113-230).
By Ms. LANDRIEU, from the Committee on Energy and Natural
Resources, with an amendment in the nature of a substitute:
H.R. 1963. A bill to amend the Water Conservation and
Utilization Act to authorize the development of non-Federal
hydropower and issuance of leases of power privileges at
projects constructed pursuant to the authority of the Water
Conservation and Utilization Act, and for other purposes
(Rept. No. 113-231).
By Mrs. FEINSTEIN, from the Select Committee on
Intelligence, without amendment:
S. 2741. An original bill to authorize appropriations for
fiscal year 2015 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes
(Rept. No. 113-233).
By Mr. ROCKEFELLER, from the Committee on Commerce,
Science, and Transportation, with an amendment in the nature
of a substitute:
S. 2250. A bill to extend the Travel Promotion Act of 2009,
and for other purposes (Rept. No. 113-234).
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, without amendment:
S. 231. A bill to reauthorize the Multinational Species
Conservation Funds Semipostal Stamp (Rept. No. 113-235).
S. 1214. A bill to require the purchase of domestically
made flags of the United States of

[[Page 13848]]

America for use by the Federal Government (Rept. No. 113-
236).
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, with an amendment in the nature of a
substitute:
S. 1486. A bill to improve, sustain, and transform the
United States Postal Service (Rept. No. 113-237).
By Mrs. BOXER, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute:
S. 1961. A bill to protect surface water from contamination
by chemical storage facilities, and for other purposes (Rept.
No. 113-238).
S. 2042. A bill to amend the Federal Water Pollution
Control Act to reauthorize the National Estuary Program, and
for other purposes (Rept. No. 113-239).
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, with an amendment:
S. 2519. A bill to codify an existing operations center for
cybersecurity (Rept. No. 113-240).
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, without amendment:
H.R. 606. A bill to designate the facility of the United
States Postal Service located at 815 County Road 23 in
Tyrone, New York, as the ``Specialist Christopher Scott Post
Office Building''.
H.R. 1671. A bill to designate the facility of the United
States Postal Service located at 6937 Village Parkway in
Dublin, California, as the ``James 'Jim' Kohnen Post
Office''.
H.R. 2291. A bill to designate the facility of the United
States Postal Service located at 450 Lexington Avenue in New
York, New York, as the ``Vincent R. Sombrotto Post Office''.
H.R. 3472. A bill to designate the facility of the United
States Postal Service located at 13127 Broadway Street in
Alden, New York, as the ``Sergeant Brett E. Gornewicz
Memorial Post Office''.
H.R. 3765. A bill to designate the facility of the United
States Postal Service located at 198 Baker Street in Corning,
New York, as the ``Specialist Ryan P. Jayne Post Office
Building''.
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, with an amendment in the nature of a
substitute:
H.R. 4194. A bill to provide for the elimination or
modification of Federal reporting requirements.
By Mr. CARPER, from the Committee on Homeland Security and
Governmental Affairs, without amendment:
H.R. 4197. A bill to amend title 5, United States Code, to
extend the period of certain authority with respect to
judicial review of Merit Systems Protection Board decisions
relating to whistleblowers, and for other purposes.
S. 2117. A bill to amend title 5, United States Code, to
change the default investment fund under the Thrift Savings
Plan, and for other purposes.

____________________

EXECUTIVE REPORTS OF COMMITTEE

The following executive reports of nominations were submitted:

By Mr. WYDEN for the Committee on Finance.
*Maria Cancian, of Wisconsin, to be Assistant Secretary for
Family Support, Department of Health and Human Services.
*D. Nathan Sheets, of Maryland, to be an Under Secretary of
the Treasury.
*Robert W. Holleyman II, of Louisiana, to be a Deputy
United States Trade Representative, with the rank of
Ambassador.
*Ramin Toloui, of Iowa, to be a Deputy Under Secretary of
the Treasury.
*Cary Douglas Pugh, of Virginia, to be a Judge of the
United States Tax Court for a term of fifteen years.

*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.

____________________

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:

By Mr. BLUNT (for himself and Mrs. McCaskill):
S. 2714. A bill to require the Secretary of the Treasury to
mint coins in commemoration of the centennial of World War I;
to the Committee on Banking, Housing, and Urban Affairs.
By Mr. CARPER:
S. 2715. A bill to amend the Internal Revenue Code of 1986
to increase and make permanent the alternative simplified
research credit, and for other purposes; to the Committee on
Finance.
By Mr. BEGICH:
S. 2716. A bill to authorize the Secretary of the Interior
to conduct a special resource study to determine the
suitability and feasibility of adding the sites associated
with the forced relocation and confinement of the Aleut
people during World War II in the State of Alaska as a unit
of the National Park System, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mrs. GILLIBRAND:
S. 2717. A bill to amend the Internal Revenue Code to
provide a refundable credit for costs associated with
Information Sharing and Analysis Organizations; to the
Committee on Finance.
By Mr. MENENDEZ:
S. 2718. A bill to promote youth athletic safety and for
other purposes; to the Committee on Health, Education, Labor,
and Pensions.
By Mr. COONS (for himself and Mr. Graham):
S. 2719. A bill to emphasize manufacturing in engineering
programs by directing the National Institute of Standards and
Technology, in coordination with other appropriate Federal
agencies including the Department of Defense, Department of
Energy, and National Science Foundation, to designate United
States manufacturing universities; to the Committee on
Health, Education, Labor, and Pensions.
By Mrs. HAGAN (for herself and Mr. Burr):
S. 2720. A bill to amend the Intermodal Surface
Transportation Efficiency Act of 1991 with respect to high
priority corridors on the National Highway System, and for
other purposes; to the Committee on Environment and Public
Works.
By Mr. INHOFE (for himself and Mr. Donnelly):
S. 2721. A bill to amend title 23, United States Code, with
respect to weight limitations for natural gas vehicles, and
for other purposes; to the Committee on Environment and
Public Works.
By Mr. McCONNELL:
S. 2722. A bill to facilitate identification and
dissemination of evidence-informed recommendations for
addressing maternal addiction and neonatal abstinence
syndrome and to provide for studies with respect to neonatal
abstinence syndrome; to the Committee on Health, Education,
Labor, and Pensions.
By Mr. FRANKEN (for himself, Mr. Portman, Mrs. Murray,
and Ms. Collins):
S. 2723. A bill to amend the Internal Revenue Code of 1986
to qualify homeless youth and veterans who are full-time
students for purposes of the low income housing tax credit;
to the Committee on Finance.
By Mr. UDALL of New Mexico:
S. 2724. A bill to amend the Internal Revenue Code of 1986
to provide for the tax treatment of small business start-up
savings accounts; to the Committee on Finance.
By Mr. RUBIO (for himself, Mr. Risch, Mr. Hatch, and
Mr. Wicker):
S. 2725. A bill to address noncompliance by the Russian
Federation of its obligations under the Intermediate-Range
Nuclear Forces (INF) Treaty; to the Committee on Foreign
Relations.
By Mr. LEAHY (for himself and Mr. Graham):
S. 2726. A bill to clarify the definition of nonadmitted
insurer under the Nonadmitted and Reinsurance Reform Act of
2010, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
By Mr. WYDEN (for himself and Mr. Merkley):
S. 2727. A bill to approve and implement the Klamath Basin
agreements, to improve natural resource management, support
economic development, and sustain agricultural production in
the Klamath River Basin in the public interest and the
interest of the United States, and for other purposes; to the
Committee on Finance.
By Mrs. MURRAY:
S. 2728. A bill to amend title XVIII of the Social Security
Act to provide community-based medical education payments to
primary care teaching centers, to provide for a Medicare
indirect medical education performance adjustment, and to
increase Medicare graduate medical education transparency,
and for other purposes; to the Committee on Finance.
By Mr. PRYOR (for himself and Mr. Boozman):
S. 2729. A bill to amend the Endangered Species Act of 1973
to require the Secretary of the Interior to publish and make
available for public comment a draft economic analysis at the
time a proposed rule to designate critical habitat is
published; to the Committee on Environment and Public Works.
By Mr. BROWN (for himself and Mr. Blunt):
S. 2730. A bill to establish or integrate an online
significant event tracker (SET) system for tracking,
reporting, and summarizing exposures of members of the Armed
Forces, including members of the reserve components thereof,
to traumatic events, and for other purposes; to the Committee
on Armed Services.
By Mr. NELSON (for himself and Mr. Portman):
S. 2731. A bill to amend title XVIII of the Social Security
Act to provide for the application of Medicare secondary
payer rules to certain workers' compensation settlement

[[Page 13849]]

agreements and qualified Medicare set-aside provisions; to
the Committee on Finance.
By Mr. TOOMEY (for himself and Mr. Donnelly):
S. 2732. A bill to increase from $10,000,000,000 to
$50,000,000,000 the threshold figure at which regulated
depository institutions are subject to direct examination and
reporting requirements of the Bureau of Consumer Financial
Protection, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
By Mr. McCAIN (for himself and Mr. Barrasso):
S. 2733. A bill to establish a certification process for
opting out of the individual health insurance mandate; to the
Committee on Finance.
By Mr. WYDEN:
S. 2734. A bill to improve timber management of Oregon and
California Railroad and Coos Bay Wagon Road grant land, and
for other purposes; to the Committee on Finance.
By Mr. PRYOR (for himself and Mr. Wyden):
S. 2735. A bill to provide for an extension of the Internet
Tax Freedom Act; to the Committee on Finance.
By Mr. HATCH (for himself and Mr. Wyden):
S. 2736. A bill to amend the Internal Revenue Code of 1986
to prevent identity theft related tax refund fraud, and for
other purposes; to the Committee on Finance.
By Mr. BROWN (for himself, Mr. Merkley, and Ms.
Baldwin):
S. 2737. A bill to ensure that transportation and
infrastructure projects carried out using Federal financial
assistance are constructed with steel, iron, and manufactured
goods that are produced in the United States, and for other
purposes; to the Committee on Commerce, Science, and
Transportation.
By Mr. BLUMENTHAL (for himself, Mr. Moran, and Mr.
Begich):
S. 2738. A bill to establish in the Department of Veterans
Affairs a national center for research on the diagnosis and
treatment of health conditions of the descendants of veterans
exposed to toxic substances during service in the Armed
Forces, to establish an advisory board on exposure to toxic
substances, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. SCHUMER:
S. 2739. A bill to amend the Internal Revenue Code of 1986
to make qualified biogas property eligible for the energy
credit and to permit new clean renewable energy bonds to
finance qualified biogas property; to the Committee on
Finance.
By Ms. HEITKAMP:
S. 2740. A bill to require the Secretary of Veterans
Affairs to establish a voluntary national directory of
veterans to support outreach to veterans, and for other
purposes; to the Committee on Veterans' Affairs.
By Mrs. FEINSTEIN:
S. 2741. An original bill to authorize appropriations for
fiscal year 2015 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes;
from the Select Committee on Intelligence; placed on the
calendar.
By Mr. SCHUMER (for himself, Mr. Nelson, and Mr.
Begich):
S. 2742. A bill to provide for public notice and input
prior to the closure, consolidation, or public access
limitation of field or hearing offices of the Social Security
Administration, and for other purposes; to the Committee on
Finance.
By Mr. CORNYN (for himself, Mr. Grassley, Mr.
McConnell, Mr. Flake, Mr. Coats, Mr. Isakson, Mr.
Alexander, Mr. Chambliss, Mr. Barrasso, and Mr.
Cochran):
S. 2743. A bill making supplemental appropriations for the
fiscal year ending September 30, 2014, for border security,
law enforcement, humanitarian assistance, and for other
purposes; to the Committee on Appropriations.
By Mrs. HAGAN:
S. 2744. A bill to authorize a settlement in accordance
with the agreement entered into by the Tennessee Valley
Authority, the Department of the Interior, and counties
within the Great Smoky Mountains National Park; to the
Committee on Energy and Natural Resources.
By Mr. JOHANNS (for himself and Mrs. Fischer):
S. 2745. A bill to amend the National Trails System Act to
direct the Secretary of the Interior to conduct a study on
the feasibility of designating the Chief Standing Bear
National Historic Trail, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mr. BROWN (for himself and Ms. Ayotte):
S. 2746. A bill to amend the Public Health Service Act to
improve the health of children and help better understand and
enhance awareness about unexpected sudden death in early
life; to the Committee on Health, Education, Labor, and
Pensions.
By Mr. KIRK:
S. 2747. A bill to require Federal agencies to review
certain rules and regulations, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
By Mr. LEE:
S. 2748. A bill to amend the Endangered Species Act of 1973
to conform citizen suits under that Act with other existing
law, and for other purposes; to the Committee on Environment
and Public Works.
By Mrs. SHAHEEN:
S. 2749. A bill to establish a board of directors and CEO
to oversee the Federal Exchange and State Exchanges, and to
provide health insurance oversight; to the Committee on
Health, Education, Labor, and Pensions.
By Mr. KIRK:
S. 2750. A bill to encourage investments in airports
through public-private partnerships, and for other purposes;
to the Committee on Commerce, Science, and Transportation.
By Mr. WALSH:
S. 2751. A bill to provide payments to States for
activities to expand early voting access, provide for an
equitable distribution of early voting polling locations,
including early voting polling locations on Indian tribal
land, and to implement voter registration reforms for
elections for Federal office, and for other purposes; to the
Committee on Rules and Administration.
By Mr. LEE:
S. 2752. A bill to amend the Endangered Species Act of 1973
to improve the disclosure of certain expenditures under that
Act, and for other purposes; to the Committee on Environment
and Public Works.
By Mr. TESTER:
S. 2753. A bill to increase the recruitment and retention
of school counselors, school social workers, and school
psychologists by low-income local educational agencies; to
the Committee on Health, Education, Labor, and Pensions.
By Mr. BENNET:
S. 2754. A bill to provide limits on bundling, to reform
the lobbyist registration process, and for other purposes; to
the Committee on Rules and Administration.
By Mr. REED (for himself, Mr. Durbin, Mr. Whitehouse,
Mr. Markey, and Mr. Leahy):
S. 2755. A bill to prevent deaths occurring from drug
overdoses; to the Committee on Health, Education, Labor, and
Pensions.
By Mr. BLUMENTHAL (for himself, Mr. Schumer, and Mr.
Lee):
S. 2756. A bill to promote competition and help consumers
save money by giving them the freedom to choose where they
buy prescription pet medications, and for other purposes; to
the Committee on Commerce, Science, and Transportation.
By Mr. ROCKEFELLER (for himself, Mr. Durbin, Mr.
Nelson, Mr. Pryor, Mr. Coons, and Mr. Markey):
S. 2757. A bill to invest in innovation through research
and development, to improve the competitiveness of the United
States, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
By Mr. TESTER (for himself, Mr. Pryor, Mr. Begich, Mr.
Walsh, Mrs. Gillibrand, Mr. Schumer, Mr. Enzi, and
Mr. Carper):
S. 2758. A bill to authorize the Secretary of the Air Force
to modernize C-130 aircraft using alternative communication,
navigation, surveillance, and air traffic management program
kits and to ensure that such aircraft meet applicable
regulations of the Federal Aviation Administration; to the
Committee on Armed Services.
By Mrs. McCASKILL (for herself and Mr. Blunt):
S. 2759. A bill to release the City of St. Clair, Missouri,
from all restrictions, conditions, and limitations on the
use, encumbrance, conveyance, and closure of the St. Clair
Regional Airport; to the Committee on Commerce, Science, and
Transportation.
By Mrs. McCASKILL:
S. 2760. A bill to extend National Highway Traffic Safety
Administration authorizations, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
By Mr. BOOKER:
S. 2761. A bill to amend title 23, United States Code, to
permit the consolidation of metropolitan planning
organizations, and for other purposes; to the Committee on
Environment and Public Works.
By Mr. FRANKEN (for himself, Mr. Portman, and Ms.
Baldwin):
S. 2762. A bill to prevent future propane shortages, and
for other purposes; to the Committee on Energy and Natural
Resources.
By Mr. MERKLEY:
S. 2763. A bill to amend the Older Americans Act of 1965 to
create a collaborative network with a single point of entry
for services and supports, to improve programs to prevent
elder financial exploitation, to create a community care
wrap-around support demonstration program, and to create a
national campaign to raise awareness of the aging network and
promote advance integrated long-term care planning, and for
other purposes; to the Committee on Health, Education, Labor,
and Pensions.
By Mr. WALSH:
S. 2764. A bill to support country-of-origin labeling, ban
imports of fresh meat and meat food products from countries
with foot-and-

[[Page 13850]]

mouth disease, reform certain livestock programs, and for
other purposes; to the Committee on Agriculture, Nutrition,
and Forestry.
By Mr. KIRK (for himself and Mr. Manchin):
S. 2765. A bill to amend the Investment Advisers Act of
1940 to prevent duplicative regulation of advisers of small
business investment companies; to the Committee on Banking,
Housing, and Urban Affairs.
By Mr. RUBIO:
S. 2766. A bill to combat terrorism and promote reform in
the Palestinian Authority and the United Nations, and for
other purposes; to the Committee on Foreign Relations.
By Mr. KIRK:
S. 2767. A bill to prohibit the fraudulent transfer of
custody of unaccompanied alien children; to the Committee on
the Judiciary.
By Mr. HELLER (for himself, Mr. Crapo, Mr. Risch, Mr.
Barrasso, and Mr. Hatch):
S. 2768. A bill to amend the Healthy Forests Restoration
Act of 2003 to expand the use of categorical exclusions for
hazardous fuel reduction projects; to the Committee on
Agriculture, Nutrition, and Forestry.
By Mr. WICKER (for himself, Mr. Tester, and Mr.
Cornyn):
S. 2769. A bill to ensure appropriate judicial review of
Federal Government actions by amending the prohibition on the
exercise of jurisdiction by the United States Court of
Federal Claims of certain claims pending in other courts; to
the Committee on the Judiciary.
By Mr. WALSH:
S. 2770. A bill to amend titles 5 and 28, United States
Code, to require annual reports to Congress on, and the
maintenance of databases on, awards of fees and other
expenses to prevailing parties in certain administrative
proceedings and court cases to which the United States is a
party, and for other purposes; to the Committee on the
Judiciary.
By Mrs. BOXER (for herself and Mrs. Feinstein):
S. 2771. A bill to establish a WaterSense program, and for
other purposes; to the Committee on Environment and Public
Works.
By Mr. FLAKE:
S. 2772. A bill making supplemental appropriations for the
fiscal year ending September 30, 2014, and for other
purposes; read the first time.
By Mr. CORNYN (for himself, Mr. Grassley, and Mr.
McConnell):
S. 2773. A bill making supplemental appropriations for the
fiscal year ending September 30, 2014, for border security,
law enforcement, humanitarian assistance, and for other
purposes; read the first time.
By Mr. MURPHY (for himself and Mr. Grassley):
S.J. Res. 41. A joint resolution approving the location of
a memorial to commemorate the more than 5,000 slaves and free
Black persons who fought for independence in the American
Revolution; to the Committee on Energy and Natural Resources.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:

By Mrs. FEINSTEIN (for herself and Mr. McCain):
S. Res. 531. A resolution honoring the life,
accomplishments, and legacy of Louis Zamperini and expressing
condolences on his passing; to the Committee on the
Judiciary.
By Mr. CARDIN (for himself, Ms. Collins, Mr.
Blumenthal, Mr. Brown, Mr. Casey, Mr. Franken, Mr.
Grassley, Mr. King, Ms. Klobuchar, Mr. Manchin, Mr.
Markey, Mr. Murphy, Mr. Portman, Mr. Rockefeller, and
Ms. Warren):
S. Res. 532. A resolution designating the week beginning
September 7, 2014, as ``National Direct Support Professionals
Recognition Week''; considered and agreed to.
By Mr. RUBIO (for himself and Mr. Nelson):
S. Res. 533. A resolution designating September 2014 as
``National Spinal Cord Injury Awareness Month''; considered
and agreed to.
By Mr. KIRK (for himself and Mr. Durbin):
S. Res. 534. A resolution designating September 6, 2014, as
``Everett McKinley Dirksen and Marigold Day''; considered and
agreed to.
By Mr. SCHUMER:
S. Res. 535. A resolution to authorize the printing of a
revised edition of the Senate Rules and Manual; considered
and agreed to.
By Mr. JOHANNS (for himself and Ms. Ayotte):
S. Con. Res. 42. A concurrent resolution recognizing
caregiving as a profession and the extraordinary
contributions of paid and family caregivers; to the Committee
on Health, Education, Labor, and Pensions.

____________________

ADDITIONAL COSPONSORS

S. 234

At the request of Mr. Reid, the name of the Senator from Minnesota
(Mr. Franken) was added as a cosponsor of 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.

S. 240

At the request of Mr. Tester, the names of the Senator from Indiana
(Mr. Donnelly), the Senator from Virginia (Mr. Warner), the Senator
from Minnesota (Mr. Franken) and the Senator from Pennsylvania (Mr.
Casey) were added as cosponsors of S. 240, a bill to amend title 10,
United States Code, to modify the per-fiscal year calculation of days
of certain active duty or active service used to reduce the minimum age
at which a member of a reserve component of the uniformed services may
retire for non-regular service.

S. 338

At the request of Mr. Kaine, his name was added as a cosponsor of S.
338, a bill to amend the Land and Water Conservation Fund Act of 1965
to provide consistent and reliable authority for, and for the funding
of, the land and water conservation fund to maximize the effectiveness
of the fund for future generations, and for other purposes.

S. 567

At the request of Mr. Harkin, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 567, a bill to improve the
retirement of American families by strengthening Social Security.

S. 635

At the request of Mr. Brown, the name of the Senator from New York
(Mrs. Gillibrand) was added as a cosponsor of S. 635, a bill to amend
the Gramm-Leach-Bliley Act to provide an exception to the annual
written privacy notice requirement.

S. 641

At the request of Mr. Wyden, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 641, a bill to amend the
Public Health Service Act to increase the number of permanent faculty
in palliative care at accredited allopathic and osteopathic medical
schools, nursing schools, and other programs, to promote education in
palliative care and hospice, and to support the development of faculty
careers in academic palliative medicine.

S. 709

At the request of Ms. Stabenow, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 709, a bill to amend title
XVIII of the Social Security Act to increase diagnosis of Alzheimer's
disease and related dementias, leading to better care and outcomes for
Americans living with Alzheimer's disease and related dementias.

S. 734

At the request of Mr. Nelson, the names of the Senator from Indiana
(Mr. Donnelly), the Senator from Idaho (Mr. Crapo) and the Senator from
Pennsylvania (Mr. Casey) were added as cosponsors of S. 734, a bill to
amend title 10, United States Code, to repeal the requirement for
reduction of survivor annuities under the Survivor Benefit Plan by
veterans' dependency and indemnity compensation.

S. 754

At the request of Mrs. Gillibrand, the name of the Senator from
Connecticut (Mr. Murphy) was added as a cosponsor of S. 754, a bill to
amend the Specialty Crops Competitiveness Act of 2004 to include farmed
shellfish as specialty crops.

S. 759

At the request of Mr. Casey, the names of the Senator from Virginia
(Mr. Warner), the Senator from Rhode Island (Mr. Reed), the Senator
from Minnesota (Mr. Franken), the Senator from New Hampshire (Mrs.
Shaheen) and the Senator from Maine (Mr. King) were added as cosponsors
of S. 759, a bill to amend the Internal Revenue Code of 1986 to allow a
credit against income tax for amounts paid by a

[[Page 13851]]

spouse of a member of the Armed Forces for a new State license or
certification required by reason of a permanent change in the duty
station of such member to another State.

S. 809

At the request of Mrs. Boxer, the name of the Senator from New Jersey
(Mr. Booker) was added as a cosponsor of S. 809, a bill to amend the
Federal Food, Drug, and Cosmetic Act to require that genetically
engineered food and foods that contain genetically engineered
ingredients be labeled accordingly.

S. 948

At the request of Mr. Schumer, the name of the Senator from
Connecticut (Mr. Murphy) was added as a cosponsor of S. 948, a bill to
amend title XVIII of the Social Security Act to provide for coverage
and payment for complex rehabilitation technology items under the
Medicare program.

S. 987

At the request of Mr. Schumer, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 987, a bill to
maintain the free flow of information to the public by providing
conditions for the federally compelled disclosure of information by
certain persons connected with the news media.

S. 1012

At the request of Mr. Blunt, the names of the Senator from Montana
(Mr. Walsh) and the Senator from Utah (Mr. Lee) were added as
cosponsors of S. 1012, a bill to amend title XVIII of the Social
Security Act to improve operations of recovery auditors under the
Medicare integrity program, to increase transparency and accuracy in
audits conducted by contractors, and for other purposes.

S. 1030

At the request of Mr. Wyden, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 1030, a bill to amend the
Internal Revenue Code of 1986 to provide for an energy investment
credit for energy storage property connected to the grid, and for other
purposes.

S. 1158

At the request of Mr. Johanns, his name was added as a cosponsor of
S. 1158, a bill to require the Secretary of the Treasury to mint coins
commemorating the 100th anniversary of the establishment of the
National Park Service, and for other purposes.

S. 1249

At the request of Mr. Blumenthal, the name of the Senator from
Florida (Mr. Nelson) was added as a cosponsor of S. 1249, a bill to
rename the Office to Monitor and Combat Trafficking of the Department
of State the Bureau to Monitor and Combat Trafficking in Persons and to
provide for an Assistant Secretary to head such Bureau, and for other
purposes.

S. 1323

At the request of Mrs. Feinstein, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 1323, a bill to
address the continued threat posed by dangerous synthetic drugs by
amending the Controlled Substances Act relating to controlled substance
analogues.

S. 1406

At the request of Mr. Nelson, his name was added as a cosponsor of S.
1406, a bill to amend the Horse Protection Act to designate additional
unlawful acts under the Act, strengthen penalties for violations of the
Act, improve Department of Agriculture enforcement of the Act, and for
other purposes.

S. 1410

At the request of Mr. Durbin, the name of the Senator from
Massachusetts (Ms. Warren) was added as a cosponsor of S. 1410, a bill
to focus limited Federal resources on the most serious offenders.

S. 1463

At the request of Mrs. Boxer, the name of the Senator from Rhode
Island (Mr. Reed) was added as a cosponsor of S. 1463, a bill to amend
the Lacey Act Amendments of 1981 to prohibit importation, exportation,
transportation, sale, receipt, acquisition, and purchase in interstate
or foreign commerce, or in a manner substantially affecting interstate
or foreign commerce, of any live animal of any prohibited wildlife
species.

S. 1477

At the request of Mr. Moran, the name of the Senator from Nebraska
(Mrs. Fischer) was added as a cosponsor of S. 1477, a bill to clarify
the rights of Indians and Indian tribes on Indian lands the National
Labor Relations Act.

S. 1555

At the request of Mr. Wicker, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 1555, a bill to amend titles
XVIII and XIX of the Social Security Act to provide for a delay in the
implementation schedule of the reductions in disproportionate share
hospital payments, and for other purposes.

S. 1645

At the request of Mr. Brown, the name of the Senator from Rhode
Island (Mr. Reed) was added as a cosponsor of S. 1645, a bill to limit
the authority of States to tax certain income of employees for
employment duties performed in other States.

S. 1842

At the request of Mr. Grassley, his name was withdrawn as a cosponsor
of S. 1842, a bill to require the Secretary of the Treasury to mint
coins in recognition and celebration of the Pro Football Hall of Fame.

S. 1875

At the request of Mr. Wyden, the name of the Senator from Alaska (Mr.
Begich) was added as a cosponsor of S. 1875, a bill to provide for
wildfire suppression operations, and for other purposes.

S. 1904

At the request of Mr. Lee, the name of the Senator from Louisiana
(Mr. Vitter) was added as a cosponsor of S. 1904, a bill to amend the
eligibility requirements for funding under title IV of the Higher
Education Act of 1965.

S. 1974

At the request of Mr. Roberts, the name of the Senator from Iowa (Mr.
Grassley) was added as a cosponsor of S. 1974, a bill to amend the
Elementary and Secondary Education Act of 1965 to prohibit Federal
education mandates, and for other purposes.

S. 2082

At the request of Mr. Menendez, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 2082, a bill to provide for
the development of criteria under the Medicare program for medically
necessary short inpatient hospital stays, and for other purposes.

S. 2141

At the request of Mr. Reed, the name of the Senator from North
Carolina (Mrs. Hagan) was added as a cosponsor of S. 2141, a bill to
amend the Federal Food, Drug, and Cosmetic Act to provide an
alternative process for review of safety and effectiveness of
nonprescription sunscreen active ingredients and for other purposes.

S. 2143

At the request of Mrs. Shaheen, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 2143, a bill
to increase access to capital for veteran entrepreneurs to help create
jobs.

S. 2182

At the request of Mr. Walsh, the name of the Senator from Nevada (Mr.
Reid) was added as a cosponsor of S. 2182, a bill to expand and improve
care provided to veterans and members of the Armed Forces with mental
health disorders or at risk of suicide, to review the terms or
characterization of the discharge or separation of certain individuals
from the Armed Forces, to require a pilot program on loan repayment for
psychiatrists who agree to serve in the Veterans Health Administration
of the Department of Veterans Affairs, and for other purposes.

S. 2192

At the request of Mr. Markey, the names of the Senator from Montana
(Mr. Walsh) and the Senator from Missouri (Mr. Blunt) were added as
cosponsors of S. 2192, a bill to amend the National Alzheimer's Project
Act to require the Director of the National Institutes of Health to
prepare and submit, directly to the President for review and
transmittal to Congress, an annual budget estimate (including an
estimate of the number and type of

[[Page 13852]]

personnel needs for the Institutes) for the initiatives of the National
Institutes of Health pursuant to such an Act.

S. 2250

At the request of Ms. Klobuchar, the name of the Senator from
Minnesota (Mr. Franken) was added as a cosponsor of S. 2250, a bill to
extend the Travel Promotion Act of 2009, and for other purposes.

S. 2309

At the request of Mr. Toomey, the name of the Senator from Louisiana
(Ms. Landrieu) was added as a cosponsor of S. 2309, a bill to amend
title 18, United States Code, to authorize the Director of the Bureau
of Prisons to issue oleoresin capsicum spray to officers and employees
of the Bureau of Prisons.

S. 2329

At the request of Mrs. Shaheen, the names of the Senator from
Pennsylvania (Mr. Toomey), the Senator from Minnesota (Mr. Franken) and
the Senator from Arkansas (Mr. Pryor) were added as cosponsors of S.
2329, a bill to prevent Hezbollah from gaining access to international
financial and other institutions, and for other purposes.

S. 2333

At the request of Mrs. Murray, the name of the Senator from Alaska
(Mr. Begich) was added as a cosponsor of S. 2333, a bill to amend title
10, United States Code, to provide for certain behavioral health
treatment under TRICARE for children and adults with developmental
disabilities.

S. 2340

At the request of Mr. Booker, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. 2340, a bill to amend the
Higher Education Act of 1965 to require the Secretary to provide for
the use of data from the second preceding tax year to carry out the
simplification of applications for the estimation and determination of
financial aid eligibility, to increase the income threshold to qualify
for zero expected family contribution, and for other purposes.

S. 2359

At the request of Mr. Franken, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. 2359, a bill to amend
title XVIII of the Social Security Act to protect and preserve access
of Medicare beneficiaries in rural areas to health care providers under
the Medicare program, and for other purposes.

S. 2396

At the request of Mr. Pryor, the name of the Senator from Washington
(Ms. Cantwell) was added as a cosponsor of S. 2396, a bill to establish
the veterans' business outreach center program, to improve the programs
for veterans of the Small Business Administration, and for other
purposes.

S. 2501

At the request of Mr. Manchin, the name of the Senator from New
Jersey (Mr. Menendez) was added as a cosponsor of S. 2501, a bill to
amend title XVIII of the Social Security Act to make improvements to
the Medicare hospital readmissions reduction program.

S. 2508

At the request of Mr. Menendez, the names of the Senator from New
York (Mrs. Gillibrand) and the Senator from Washington (Mrs. Murray)
were added as cosponsors of S. 2508, a bill to establish a
comprehensive United States Government policy to assist countries in
sub-Saharan Africa to improve access to and the affordability,
reliability, and sustainability of power, and for other purposes.

S. 2513

At the request of Mr. Enzi, his name was withdrawn as a cosponsor of
S. 2513, a bill to establish a demonstration project for competency-
based education.

S. 2520

At the request of Mr. Leahy, the name of the Senator from Hawaii (Ms.
Hirono) was added as a cosponsor of S. 2520, a bill to improve the
Freedom of Information Act.

S. 2527

At the request of Mrs. Gillibrand, the name of the Senator from
Oregon (Mr. Wyden) was added as a cosponsor of S. 2527, a bill to amend
the Richard B. Russell National School Lunch Act to improve the
efficiency of summer meals.

S. 2543

At the request of Mrs. Shaheen, the name of the Senator from Alaska
(Mr. Begich) was added as a cosponsor of S. 2543, a bill to support
afterschool and out-of-school-time science, technology, engineering,
and mathematics programs, and for other purposes.

S. 2545

At the request of Ms. Ayotte, the names of the Senator from Maine
(Ms. Collins) and the Senator from North Carolina (Mrs. Hagan) were
added as cosponsors of S. 2545, a bill to require the Secretary of
Veterans Affairs to revoke bonuses paid to employees involved in
electronic wait list manipulations, and for other purposes.

S. 2547

At the request of Ms. Heitkamp, the name of the Senator from Montana
(Mr. Walsh) was added as a cosponsor of S. 2547, a bill to establish
the Railroad Emergency Services Preparedness, Operational Needs, and
Safety Evaluation (RESPONSE) Subcommittee under the Federal Emergency
Management Agency's National Advisory Council to provide
recommendations on emergency responder training and resources relating
to hazardous materials incidents involving railroads, and for other
purposes.

S. 2552

At the request of Mr. Brown, the name of the Senator from Kentucky
(Mr. Paul) was added as a cosponsor of S. 2552, a bill to enhance
beneficiary and provider protections and improve transparency in the
Medicare Advantage market, and for other purposes.

S. 2567

At the request of Mr. Paul, the name of the Senator from New York
(Mrs. Gillibrand) was added as a cosponsor of S. 2567, a bill to
provide for the sealing or expungement of records relating to Federal
nonviolent criminal offenses, and for other purposes.

S. 2591

At the request of Mr. Rubio, the name of the Senator from New York
(Mrs. Gillibrand) was added as a cosponsor of S. 2591, a bill to
authorize the Secretary of State and the Administrator of the United
States Agency for International Development to provide assistance to
support the rights of women and girls in developing countries, and for
other purposes.

S. 2609

At the request of Mr. Enzi, the name of the Senator from West
Virginia (Mr. Manchin) was added as a cosponsor of S. 2609, a bill to
restore States' sovereign rights to enforce State and local sales and
use tax laws, and for other purposes.

S. 2631

At the request of Mr. Cruz, the names of the Senator from Kansas (Mr.
Moran) and the Senator from Kansas (Mr. Roberts) were added as
cosponsors of S. 2631, a bill to prevent the expansion of the Deferred
Action for Childhood Arrivals program unlawfully created by Executive
memorandum on August 15, 2012.

S. 2650

At the request of Mr. Corker, the name of the Senator from Kansas
(Mr. Moran) was added as a cosponsor of S. 2650, a bill to provide for
congressional review of agreements relating to Iran's nuclear program,
and for other purposes.

S. 2659

At the request of Mr. Murphy, the name of the Senator from
Connecticut (Mr. Blumenthal) was added as a cosponsor of S. 2659, a
bill to amend title 49, United States Code, to require the Assistant
Secretary of Homeland Security (Transportation Security Administration)
to establish a process for providing expedited and dignified passenger
screening services for veterans traveling to visit war memorials built
and dedicated to honor their services, and for other purposes.

S. 2660

At the request of Ms. Cantwell, the name of the Senator from
Minnesota (Ms. Klobuchar) was added as a cosponsor of S. 2660, a bill
to amend the Internal Revenue Code of 1986 to clarify the special rules
for accident and

[[Page 13853]]

health plans of certain governmental entities, and for other purposes.

S. 2664

At the request of Mr. Begich, the name of the Senator from Missouri
(Mrs. McCaskill) was added as a cosponsor of S. 2664, a bill to amend
the Homeland Security Act of 2002 to direct the Administrator of the
Federal Emergency Management Agency to modernize the integrated public
alert and warning system of the United States, and for other purposes.

S. 2667

At the request of Mr. Kirk, the name of the Senator from Wyoming (Mr.
Barrasso) was added as a cosponsor of S. 2667, a bill to prohibit the
exercise of any waiver of the imposition of certain sanctions with
respect to Iran unless the President certifies to Congress that the
waiver will not result in the provision of funds to the Government of
Iran for activities in support of international terrorism, to develop
nuclear weapons, or to violate the human rights of the people of Iran.

S. 2685

At the request of Mr. Leahy, the name of the Senator from New Jersey
(Mr. Booker) was added as a cosponsor of S. 2685, a bill to reform the
authorities of the Federal Government to require the production of
certain business records, conduct electronic surveillance, use pen
registers and trap and trace devices, and use other forms of
information gathering for foreign
intelligence, counterterrorism, and criminal purposes, and for other
purposes.

S. 2687

At the request of Mrs. Shaheen, the names of the Senator from
Colorado (Mr. Udall) and the Senator from New Jersey (Mr. Menendez)
were added as cosponsors of S. 2687, a bill to amend title 10, United
States Code, to ensure that women members of the Armed Forces and their
families have access to the contraception they need in order to promote
the health and readiness of all members of the Armed Forces, and for
other purposes.

S. 2693

At the request of Ms. Cantwell, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 2693, a bill to
reauthorize the women's business center program of the Small Business
Administration, and for other purposes.

S. 2703

At the request of Mrs. Boxer, the name of the Senator from Alaska
(Mr. Begich) was added as a cosponsor of S. 2703, a bill to establish
eligibility, assignment, training, and certification requirements for
sexual assault forensic examiners for the Armed Forces, and for other
purposes.

S. 2709

At the request of Mr. Manchin, the names of the Senator from
Louisiana (Ms. Landrieu), the Senator from Washington (Mrs. Murray),
the Senator from Missouri (Mrs. McCaskill), the Senator from New York
(Mr. Schumer) and the Senator from New Hampshire (Mrs. Shaheen) were
added as cosponsors of S. 2709, a bill to extend and reauthorize the
Export-Import Bank of the United States, and for other purposes.
At the request of Mr. Durbin, his name was added as a cosponsor of S.
2709, supra.

S. 2710

At the request of Mr. Menendez, the name of the Senator from
Minnesota (Ms. Klobuchar) was added as a cosponsor of S. 2710, a bill
to amend the Internal Revenue Code of 1986 to exempt private
foundations from the tax on excess business holdings in the case of
certain philanthropic enterprises which are independently supervised,
and for other purposes.

S. RES. 513

At the request of Mr. Portman, his name was added as a cosponsor of
S. Res. 513, a resolution honoring the 70th anniversary of the Warsaw
Uprising.

S. RES. 522

At the request of Mr. Coons, the name of the Senator from Minnesota
(Ms. Klobuchar) was added as a cosponsor of S. Res. 522, a resolution
expressing the sense of the Senate supporting the U.S.-Africa Leaders
Summit to be held in Washington, DC, from August 4 through 6, 2014.

S. RES. 530

At the request of Mr. Portman, the name of the Senator from Virginia
(Mr. Kaine) was added as a cosponsor of S. Res. 530, a resolution
expressing the sense of the Senate on the current situation in Iraq and
the urgent need to protect religious minorities from persecution from
the Sunni Islamist insurgent and terrorist group the Islamic State,
formerly known as the Islamic State of Iraq and the Levant (ISIL), as
it expands its control over areas in northwestern Iraq.

AMENDMENT NO. 3588

At the request of Mr. Tester, the name of the Senator from Alaska
(Ms. Murkowski) was added as a cosponsor of amendment No. 3588 intended
to be proposed to S. 2410, an original bill to authorize appropriations
for fiscal year 2015 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes.

AMENDMENT NO. 3719

At the request of Mr. Wicker, the names of the Senator from New
Hampshire (Ms. Ayotte) and the Senator from Utah (Mr. Hatch) were added
as cosponsors of amendment No. 3719 intended to be proposed to S. 2648,
a bill making emergency supplemental appropriations for the fiscal year
ending September 30, 2014, and for other purposes.

AMENDMENT NO. 3720

At the request of Mr. Cruz, the name of the Senator from Tennessee
(Mr. Alexander) was added as a cosponsor of amendment No. 3720 intended
to be proposed to S. 2648, a bill making emergency supplemental
appropriations for the fiscal year ending September 30, 2014, and for
other purposes.

____________________

STATEMENTS ON INTRODUCED BILLS AN1D JOINT RESOLUTIONS

By Mr. McCONNELL:
S. 2722. A bill to facilitate identification and dissemination of
evidence-informed recommendations for addressing maternal addiction and
neonatal abstinence syndrome and to provide for studies with respect to
neonatal abstinence syndrome; to the Committee on Health, Education,
Labor, and Pensions.
Mr. McCONNELL. 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. 2722

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 ``Protecting Our Infants Act
of 2014''.

SEC. 2. EVIDENCE-INFORMED RECOMMENDATIONS WITH RESPECT TO
MATERNAL ADDICTION AND NEONATAL ABSTINENCE
SYNDROME.

(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
coordinate and facilitate the--
(1) identification and compilation of evidence-informed
recommendations for physicians, nurses, and hospital
facilities with respect to neonatal abstinence syndrome; and
(2) identification of any gaps, as appropriate, in such
evidence-informed recommendations that may require additional
research or analysis with respect to--
(A) screening and intervention for maternal substance
abuse, including the misuse or abuse of prescription drugs in
women of childbearing age and pregnant women;
(B) treatment for pregnant and postpartum women with a
substance use disorder, including the misuse or abuse of
prescription drugs;
(C) screening of infants for neonatal abstinence syndrome
and for the risk of developing neonatal abstinence syndrome;
(D) treatment for infants with neonatal abstinence
syndrome, including evidence-informed recommendations
surrounding evaluation and treatment with pharmacological and
non-pharmacological interventions; and
(E) ongoing treatment, services, and supports for
postpartum women with a substance use disorder, including
misuse or abuse of prescription drugs, and infants and
children with neonatal abstinence syndrome.
(b) Input.--In carrying out subsection (a), the Secretary
shall consider input from stakeholders, such as health
professionals, public health officials, and law enforcement.

[[Page 13854]]

(c) Dissemination of Information.--The Secretary shall
disseminate to appropriate stakeholders in States and local
communities the evidence-informed recommendations identified
under subsection (a).
(d) Addressing Research Needs for Maternal Addiction and
Neonatal Abstinence Syndrome.--The Secretary shall conduct a
study to evaluate--
(1) factors related to the increased prevalence of maternal
opiate misuse and abuse;
(2) factors related to maternal misuse and abuse of
opiates, including--
(A) barriers to identifying and treating maternal misuse
and abuse of opiates; and
(B) the most effective prevention and treatment strategies
for pregnant women and other women of childbearing age who
are at risk for or dependent on opiates; and
(3) factors related to neonatal abstinence syndrome,
including--
(A) epidemiological studies concerning neonatal abstinence
syndrome;
(B) the most effective methods to diagnose and treat
neonatal abstinence syndrome; and
(C) the long-term effects of neonatal abstinence syndrome
and the need for a longer-term study on infants and children
at risk for developing neonatal abstinence syndrome or
diagnosed with neonatal abstinence syndrome.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives the findings from the study under
subsection (d) and a report that identifies the gaps in
evidence-informed recommendations that require additional
research or analysis, and priority areas for additional
research.

SEC. 3. IMPROVING DATA ON NEONATAL ABSTINENCE SYNDROME.

The Secretary of Health and Human Services, acting through
the Director of the Centers for Disease Control and
Prevention, shall provide technical assistance to States to
improve the availability and quality of data collection and
surveillance activities regarding neonatal abstinence
syndrome, including--
(1) incidence and prevalence of neonatal abstinence
syndrome;
(2) the identification of causes for neonatal abstinence
syndrome, including new and emerging trends; and
(3) the identification of demographics and other relevant
information associated with neonatal abstinence syndrome.

SEC. 4. PAIN MANAGEMENT ALTERNATIVES.

It is the sense of Congress that the Director of the
National Institutes of Health should continue research with
respect to pain management, including for women of
childbearing age.

SEC. 5. GAO STUDY.

Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study evaluating--
(1) the availability and effectiveness of federally-
facilitated substance abuse treatment programs for pregnant
women and their children;
(2) the availability and effectiveness of Federal programs
that encourage State adoption and implementation of programs
to ensure--
(A) the safety and health of mothers who have a substance
use disorder; and
(B) the safety and health of children with neonatal
abstinence syndrome;
(3) the effectiveness of Federal data systems and
surveillance programs used to monitor or track drug
utilization and resulting trends, including whether
information on neonatal abstinence syndrome is incorporated
into such data systems; and
(4) the identification of the use of all discretionary
funds to address maternal substance abuse, including the
misuse and abuse of prescription drugs.
______

By Mr. LEAHY (for himself and Mr. Graham):
S. 2726. A bill to clarify the definition of nonadmitted insurer
under the Nonadmitted and Reinsurance Reform Act of 2010, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Mr. LEAHY. Mr. President, today, I introduce the Captive Insurers
Clarification Act. This simple, commonsense legislation will clarify
terms included in the Dodd-Frank Wall Street Reform and Consumer
Protection Act that stand to threaten the viability of the captive
insurance industry in Vermont, South Carolina, and across the country.
I am glad to have Senator Graham's support in this effort.
Vermont is one of the leading onshore captive insurance domiciles in
the country, with over 1000 licensed captive insurance companies. I
have heard from the captive industry in Vermont, understandably
concerned that language included in the Dodd-Frank Act may result in
the double taxation of captives that operate in states where their
headquarters are not domiciled. The Nonadmitted and Reinsurance Reform
Act, NRRA, as included in Dodd-Frank, intended to facilitate the proper
collection and allocation of self-procurement taxes. Captives are taxed
and regulated in the state in which they are domiciled, not necessarily
where their corporate headquarters are located. However, due to the
ambiguity of the NRRA, captive insurers are concerned that both the
state in which a captive is headquartered, and the state in which the
captive is domiciled, may claim the premium tax.
The Captive Insurers Clarification Act would simply clarify that such
companies were never intended to be included under the Nonadmitted and
Reinsurance Reform Act. Applying the NRRA to captives would eliminate
the specialized regulation of the captive industry that states like
Vermont have worked to cultivate.
This is commonsense legislation to clarify the intention of Congress
in passing the Nonadmitted and Reinsurance Reform Act, and I hope
Members of Congress will support its enactment.
______

By Mr. HATCH (for himself and Mr. Wyden):
S. 2736. A bill to amend the Internal Revenue Code of 1986 to prevent
identity theft related tax refund fraud, and for other purposes; to the
Committee on Finance.
Mr. HATCH. 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. 2736

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

SECTION 1. SHORT TITLE; ETC.

(a) Short Title.--This Act may be cited as the ``Tax Refund
Theft Prevention Act of 2014''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; etc.
Sec. 2. Safe harbor for de minimis errors on information returns and
payee statements.
Sec. 3. Internet platform for Form 1099 filings.
Sec. 4. Requirement that electronically prepared paper returns include
scannable code.
Sec. 5. Single point of contact for identity theft victims.
Sec. 6. Criminal penalty for misappropriating taxpayer identity in
connection with tax fraud.
Sec. 7. Extend Internal Revenue Service authority to require truncated
social security numbers on Form W-2.
Sec. 8. Improvement in access to information in the National Directory
of New Hires for tax administration purposes.
Sec. 9. Password system for prevention of identity theft tax fraud.
Sec. 10. Increased penalty for improper disclosure or use of
information by preparers of returns.
Sec. 11. Increase electronic filing of returns.
Sec. 12. Increased real-time filing.
Sec. 13. Limitation on multiple individual income tax refunds to the
same account.
Sec. 14. Identity verification required under due diligence rules.
Sec. 15. Report on refund fraud.

SEC. 2. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION
RETURNS AND PAYEE STATEMENTS.

(a) In General.--Subsection (c) of section 6721 is
amended--
(1) by striking ``Exception for De Minimis Failure to
Include All Required Information'' in the heading and
inserting ``Exceptions for Certain De Minimis Failures'',
(2) by striking ``In general'' in the heading of paragraph
(1) and inserting ``Exception for de minimis failure to
include all required information'', and
(3) by adding at the end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to an information
return filed with the Secretary--
``(i) there are 1 or more failures described in subsection
(a)(2)(B) relating to an incorrect dollar amount, and
``(ii) no single amount in error differs from the correct
amount by more than $25,

then no correction shall be required and, for purposes of
this section, such return shall be treated as having been
filed with all of the correct required information.

[[Page 13855]]

``(B) Exception.--Subparagraph (A) shall not apply to
returns required under section 6049.
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under
this paragraph, including regulations providing that this
subparagraph shall not apply to the extent necessary to
prevent any such abuse.''.
(b) Failure to Furnish Correct Payee Statements.--
Subsection (c) of section 6722 is amended by adding at the
end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to any payee
statement--
``(i) there are 1 or more failures described in subsection
(a)(2)(B) relating to an incorrect dollar amount, and
``(ii) no single amount in error differs from the correct
amount by more than $25,
then no correction shall be required and, for purposes of
this section, such statement shall be treated as having been
filed with all of the correct required information.
``(B) Exception.--Subparagraph (A) shall not apply to payee
statements required under section 6049.
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under
this paragraph, including regulations providing that this
subparagraph shall not apply to the extent necessary to
prevent any such abuse.''.
(c) Conforming Amendments.--
(1) Subsection (i) of section 408 is amended by striking
``$10'' and inserting ``$25''.
(2) Paragraph (5) of section 3406(b) is amended--
(A) by striking ``$10'' both places it appears and
inserting ``$25'', and
(B) by adding at the end the following flush text:

``The preceding sentence shall not apply to payments of
interest to which section 6049 applies.''.
(3) Subparagraphs (A) and (B) of section 6042(a)(1) are
each amended by striking ``$10'' and inserting ``$25''.
(4) Paragraph (2) of section 6042(a) is amended by striking
``$10'' and inserting ``$25''.
(5) Paragraphs (1) and (2) of section 6044(a) are each
amended by striking ``$10'' and inserting ``$25''.
(6) Paragraph (1) of section 6047(d) is amended by striking
``$10'' and inserting ``$25''.
(7) Subsection (a) of section 6050B is amended by striking
``$10'' and inserting ``$25''.
(8) Subsection (a) of section 6050E is amended by striking
``$10'' and inserting ``$25''.
(9) Paragraphs (1) and (2) of section 6050N(a) are each
amended by striking ``$10'' and inserting ``$25''.
(10) Paragraphs (1) and (2) of section 6652(a) are each
amended by striking ``$10'' and inserting ``$25''.
(11) The heading of subsection (a) of section 6652 is
amended by striking ``$10'' and inserting ``$25''.
(d) Effective Date.--The amendments made by this section
shall apply to information returns required to be filed, and
payee statements required to be provided, on or after the
date of the enactment of this Act.

SEC. 3. INTERNET PLATFORM FOR FORM 1099 FILINGS.

(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Treasury (or
such Secretary's delegate) shall make available an Internet
website or other electronic media, similar to the Business
Services Online Suite of Services provided by the Social
Security Administration, that will provide taxpayers access
to resources and guidance provided by the Internal Revenue
Service and will allow taxpayers to--
(1) prepare and file (in batches of not more than 50) Forms
1099,
(2) prepare Forms 1099 for distribution to recipients other
than the Internal Revenue Service, and
(3) create and maintain necessary taxpayer records.
(b) Early Implementation for Forms 1099-MISC.--Not later
than 1 year after the date of the enactment of this Act, the
Internet website under subsection (a) shall be available in a
partial form that will allow taxpayers to take the actions
described in such subsection with respect to Forms 1099-MISC
required to be filed or distributed by such taxpayers.

SEC. 4. REQUIREMENT THAT ELECTRONICALLY PREPARED PAPER
RETURNS INCLUDE SCANNABLE CODE.

(a) In General.--Subsection (e) of section 6011 is amended
by adding at the end the following new paragraph:
``(5) Special rule for returns prepared electronically and
submitted on paper.--The Secretary shall require that any
return of tax which is prepared electronically, but is
printed and filed on paper, bear a code which can, when
scanned, convert such return to electronic format.''.
(b) Conforming Amendment.--Paragraph (1) of section 6011(e)
is amended by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (5)''.
(c) Effective Date.--The amendments made by this section
shall apply to returns of tax the due date for which
(determined without regard to extensions) is after December
31, 2014.

SEC. 5. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury (or
such Secretary's delegate) shall establish new procedures to
ensure that any taxpayer whose return has been delayed or
otherwise adversely affected due to misappropriation of the
taxpayer's taxpayer identity (as defined in section
6103(b)(6) of the Internal Revenue Code of 1986) has a single
point of contact who--
(1) is an individual employee of the Internal Revenue
Service, and
(2) tracks the case of the taxpayer from start to finish
and coordinates with other specialized units to resolve case
issues as quickly as possible.
(b) Change of Contact.--The procedures under subsection (a)
shall provide that the single point of contact may be
changed--
(1) upon request of the taxpayer, or
(2) in any case where the individual employee ceases
employment or is otherwise unavailable for any period, or a
change is required to meet agency staffing needs, but only if
the taxpayer is notified of any such change within 5 business
days.

SEC. 6. CRIMINAL PENALTY FOR MISAPPROPRIATING TAXPAYER
IDENTITY IN CONNECTION WITH TAX FRAUD.

(a) In General.--Section 7206 is amended--
(1) by striking ``Any person'' and inserting the following:
``(a) In General.--Any person'', and
(2) by adding at the end the following new subsection:
``(b) Misappropriation of Identity.--Any person who
willfully misappropriates another person's taxpayer identity
(as defined in section 6103(b)(6)) for the purpose of making
any list, return, account, statement, or other document
submitted to the Secretary under the provisions of this title
shall be guilty of a felony and, upon conviction thereof,
shall be fined not more than $250,000 ($500,000 in the case
of a corporation) or imprisoned not more than 5 years, or
both, together with the costs of prosecution.''.
(b) Aggravated Identity Theft.--Section 1028A(c) of title
18, United States Code, is amended by striking ``or'' at the
end of paragraph (10), by striking the period at the end of
paragraph (11) and inserting ``; or'', and by adding at the
end the following new paragraph:
``(12) section 7206(b) of the Internal Revenue Code of 1986
(relating to misappropriation of identity in connection with
tax fraud).''.
(c) Effective Date.--The amendments made by this section
shall apply to offenses committed on or after the date of the
enactment of this Act.

SEC. 7. EXTEND INTERNAL REVENUE SERVICE AUTHORITY TO REQUIRE
TRUNCATED SOCIAL SECURITY NUMBERS ON FORM W-2.

(a) In General.--Paragraph (2) of section 6051(a) is
amended by striking ``his social security number'' and
inserting ``an identifying number for the employee''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 8. IMPROVEMENT IN ACCESS TO INFORMATION IN THE NATIONAL
DIRECTORY OF NEW HIRES FOR TAX ADMINISTRATION
PURPOSES.

(a) In General.--Paragraph (3) of section 453(i) of the
Social Security Act (42 U.S.C. 653(i)) is amended to read as
follows:
``(3) Administration of federal tax laws relating to
fraud.--The Secretary of the Treasury shall have access to
the information in the National Directory of New Hires for
the sole purpose of identifying and preventing fraudulent tax
return filings and claims for refund under the Internal
Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 9. PASSWORD SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX
FRAUD.

(a) In General.--The Secretary of the Treasury shall
implement an identity theft tax fraud prevention program
under which any individual taxpayer may elect to be provided
with a unique password which, as a result of such election,
will be required to be included on any Federal tax return
filed by such individual before the return will be processed.
Such program shall be available not later than January 1 of
the first calendar year beginning on or after the date that
is 2 years after the date of the enactment of this Act.
(b) Study and Report.--The Secretary of the Treasury shall
conduct a study of the program under subsection (a) and, not
later than 3 years after the January 1 date under such
subsection, shall report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives on the efficacy of such program in reducing
tax refund fraud. Such report shall include a recommendation
as to whether the program under subsection (a) should be made
mandatory, rather than elective, for all taxpayers.

SEC. 10. INCREASED PENALTY FOR IMPROPER DISCLOSURE OR USE OF
INFORMATION BY PREPARERS OF RETURNS.

(a) In General.--Section 6713 is amended--

[[Page 13856]]

(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Enhanced Penalty for Improper Use or Disclosure
Relating to Identity Theft.--
``(1) In general.--In the case of a disclosure or use
described in subsection (a) that is made in connection with a
crime relating to the misappropriation of another person's
taxpayer identity (as defined in section 6103(b)(6)), whether
or not such crime involves any tax filing, subsection (a)
shall be applied--
``(A) by substituting `$1,000' for `$250', and
``(B) by substituting `$50,000' for `$10,000'.
``(2) Separate application of total penalty limitation.--
The limitation on the total amount of the penalty under
subsection (a) shall be applied separately with respect to
disclosures or uses to which this paragraph applies and to
which it does not apply.''.
(b) Criminal Penalty.--Section 7216(a) is amended by
striking ``$1,000'' and inserting ``$1,000 ($100,000 in the
case of a disclosure or use to which section 6713(b)
applies)''.
(c) Effective Date.--The amendments made by this section
shall apply to disclosures or uses after the date of the
enactment of this Act.

SEC. 11. INCREASE ELECTRONIC FILING OF RETURNS.

(a) In General.--Subparagraph (A) of section 6011(e)(2) is
amended by striking ``250'' and inserting ``the applicable
number of''.
(b) Applicable Number.--Subsection (e) of section 6011, as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(6) Applicable number.--For purposes of paragraph (2)(A),
the applicable number is--
``(A) in the case of returns and statements relating to
calendar years before 2015, 250,
``(B) in the case of returns and statements relating to
calendar year 2015, 100,
``(C) in the case of returns and statements relating to
calendar year 2016, 50, and
``(D) in the case of returns and statements relating to
calendar years after 2016, 20.''.
(c) Returns Filed by a Tax Return Preparer.--
(1) In general.--Subparagraph (A) of section 6011(e)(3) is
amended to read as follows:
``(A) In general.--The Secretary shall require that--
``(i) any individual income tax return, and
``(ii) any return or statement under subpart B, C, or E of
part III of this subchapter,

which is prepared by a tax return preparer be filed on
magnetic media. The Secretary may waive the requirement of
the preceding sentence if the Secretary determines, on the
basis of an application by the tax return preparer, that the
preparer cannot meet such requirement based on technological
constraints (including lack of access to the Internet).''.
(2) Conforming amendment.--Paragraph (3) of section 6011(e)
is amended by striking subparagraph (B), and by redesignating
subparagraph (C) as subparagraph (B).
(d) Effective Dates.--The amendments made by this section
shall apply to returns the due date for which (determined
without regard to extensions) is after December 31, 2014.

SEC. 12. INCREASED REAL-TIME FILING.

(a) Accelerated Filing of Forms W-2 and W-3.--
(1) In general.--Section 6071 is amended by redesignating
subsection (c) as subsection (d), and by inserting after
subsection (b) the following new subsection:
``(c) Returns Relating to Employee Wage Information.--
Returns and statements made under sections 6051 and 6052
shall be filed on or before February 15 of the year following
the calendar year to which such returns relate.''.
(2) Conforming amendment.--Subsection (b) of section 6071
is amended by striking ``subparts B and C'' and inserting
``section 6053 and subpart B''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns and statements relating to calendar
years beginning after the date of the enactment of this Act.
(b) Accelerated Filing for Certain Forms 1099.--
(1) In general.--Subsection (c) of section 6071, as amended
by subsection (a), is amended--
(A) by striking ``Wage Information'' in the heading and
inserting ``Wage Information and Forms 1099-MISC'', and
(B) by inserting ``, and any return which is filed on Form
1099-MISC,'' after ``6052''.
(2) Conforming amendment.--Subsection (b) of section 6071,
as amended by this Act, is amended by striking ``section 6053
and subpart B of part III of this subchapter'' and inserting
``subpart B of part III of this subchapter (other than
returns filed on Form 1099-MISC)''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns relating to calendar years beginning
after December 31, 2014.
(c) Study Regarding Administrative Implementation.--Not
later than January 1, 2017, the Secretary of the Treasury
shall report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives including--
(1) a recommendation of whether the due dates for filing
Forms W-2 and W-3 with the Internal Revenue Service and the
Social Security Administration should be accelerated to
January 31 to match the due date for furnishing copies of
such forms to the recipient of the reported income,
(2) recommendations for processes--
(A) to match the information reported on Forms W-2 and
Forms 1099-MISC for the effective processing of returns and
accurate determination of refunds, and
(B) to correct errors on such documents, and
(3) any other recommendations such Secretary may have for
accelerating information reporting, including the
identification of any other forms that should be due on an
accelerated schedule in order to prevent tax refund fraud.

SEC. 13. LIMITATION ON MULTIPLE INDIVIDUAL INCOME TAX REFUNDS
TO THE SAME ACCOUNT.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall
issue regulations that restrict the delivery or deposit of
multiple individual income tax refunds from the same tax year
to the same individual account or mailing address.
(b) Exception.--The regulation promulgated under subsection
(a) shall provide that the restrictions shall not apply in
cases and situations where the Secretary of the Treasury
determines there is not a likelihood of tax fraud.

SEC. 14. IDENTITY VERIFICATION REQUIRED UNDER DUE DILIGENCE
RULES.

(a) In General.--Subsection (g) of section 6695 is amended
by adding at the end the following new sentence: ``Such due
diligence requirements shall include a requirement that such
preparer verify (in such manner and with such documentation
as the Secretary shall provide) the identity of the taxpayer
with respect to such return or claim for refund.''.
(b) Effective Date.--The amendment made by this section
shall apply to returns or claims for refund filed after
December 31, 2014.

SEC. 15. REPORT ON REFUND FRAUD.

Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of the
Treasury (or the Secretary's delegate) shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on the extent and
nature of fraud involving the use of a misappropriated
taxpayer identity with respect to claims for refund under the
Internal Revenue Code of 1986 during the preceding completed
income tax filing season, and the detection, prevention, and
enforcement activities undertaken by the Internal Revenue
Service with respect to such fraud, including--
(1) the development of fraud detection filters and how they
are or may be updated and improved;
(2) the effectiveness of fraud detection activities, and
the ways in which such effectiveness is measured; and
(3) the methods by which such Service categorizes of refund
fraud, and the amounts of fraud that are associated with each
category.
______

By Ms. HEITKAMP:
S. 2740. A bill to require the Secretary of Veterans Affairs to
establish a voluntary national directory of veterans to support
outreach to veterans, and for other purposes; to the Committee on
Veterans' Affairs.
Ms. HEITKAMP. Mr. President, today I am introducing legislation to
help new veterans get information about the programs, benefits and
services available to them as they transition back to civilian life.
The Connect with Veterans Act will make it easier for cities, counties
and tribes, as well as the State Departments of Veterans Affairs, to
interact directly with new veterans.
Since I joined the Senate in January 2013, I have traveled all across
North Dakota, listening to our veterans. One thing I heard, time and
time again, was the need for more information about programs and
services. Recently, I hosted my first Native American Veterans Summit
in Bismarck, ND. One of the things which struck me at the Summit was
how the Department of Veterans Affairs and other agencies simply
weren't connecting with the veterans who wanted information about
health care options and other benefits. It is clear that we, as a
society, must do better.
In June 2013, I was proud to form the Senate Defense Communities
Caucus along with my co-chair, Senator Johnny Isakson. We found that
people and communities all across the nation are passionate about
helping our military perform its mission. Through my work with the
Caucus, I found these communities are equally passionate about

[[Page 13857]]

helping our veterans as well. I heard, through a close partnership with
the Association of Defense Communities, that folks wanted to do more,
at the local level, to help veterans.
From those ideas, the Connect with Veterans Act was created. It is a
simple bill, and one that is entirely voluntary. Separating
servicemembers can choose to share their contact information with the
communities they are moving to after their military service. Interested
cities, counties and tribes can request the contact information for the
new veterans moving to their area and then provide them with
information about services and benefits. Throughout this process, the
veterans contact information will be kept secure.
It is critical that we provide veterans with access to the benefits
and services they have earned once they leave the military and--knowing
what services and benefits are available to them is the first step.
This bill will expand the sources of information available to veterans.
It is not just the VA that has the responsibility to help veterans. We
all share that responsibility.
I have heard from North Dakotans, in particular, about how this bill
would be incredibly beneficial as many communities in my state have
unmet employment needs. Veterans have proven to be great employees.
And, with good-paying jobs in North Dakota, this program can provide a
way to bring veterans into these open positions. But this bill gives
local control of what information is provided to veterans. Communities
throughout the nation will be able to make this program fit their
needs.
Our Nation must do a better job of taking care of our veterans. A
great first step is figuring out how best to welcome new veterans into
our communities. I know my bill will help that critical process.
______

By Mr. CORNYN (for himself, Mr. Grassley, Mr. McConnell, Mr.
Flake, Mr. Coats, Mr. Isakson, Mr. Alexander, Mr. Chambliss,
Mr. Barrasso, and Mr. Cochran):
S. 2743. A bill making supplemental appropriations for the fiscal
year ending September 30, 2014, for border security, law enforcement,
humanitarian assistance, and for other purposes; to the Committee on
Appropriations.
Mr. CORNYN. 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. 2743

DIVISION A--SUPPLEMENTAL APPROPRIATIONS

TITLE I

DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

Department of Justice

general administration

administrative review and appeals

For an additional amount for ``Administrative Review and
Appeals'', $63,200,000, to remain available until September
30, 2015, as follows:
(1) $54,000,000 for the Executive Office for Immigration
Review to hire 54 Immigration Judge Teams, which shall be
trained and assigned to adjudicate juvenile cases.
(2) $6,700,000 for the Executive Office for Immigration
Review for the purchase of video teleconferencing equipment,
digital audio recording devices, and other technology that
will enable expanded immigration courtroom capacity and
capability.
(3) $2,500,000 for the Executive Office for Immigration
Review's Legal Orientation Program, of which not less than
$1,000,000 shall be for the Legal Orientation Program for
Custodians:
Provided, That not later than 15 days after the date of
enactment of this Act, the Executive Office for Immigration
Review shall submit a reorganization plan to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives that includes
detailed plans for prioritizing the adjudication of non-
detained, unaccompanied alien children and specific plans to
reassign Immigration Judge Teams to expedite the adjudication
of juveniles on the non-detained docket:
Provided further, That the submitted plan shall ensure that
juveniles will appear before an immigration judge for an
initial hearing not later than 10 days after the juvenile is
apprehended.

legal activities

salaries and expenses, general legal activities

For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,100,000, for necessary
expenses to respond to the significant rise in unaccompanied
children and adults with children at the southwest border and
related activities, to remain available until September 30,
2014.

TITLE II

DEPARTMENT OF HOMELAND SECURITY

U. S. Customs and Border Protection

salaries and expenses

For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, including the
acquisition, construction, improvement, repair, and
management of facilities, and for necessary expenses related
to border security, $71,000,000, to remain available until
September 30, 2015.

U. S. Immigration and Customs Enforcement

salaries and expenses

For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, and for the
necessary expenses for enforcement of immigration and customs
law, detention and removals of adults with children crossing
the border unlawfully, and investigations, $398,000,000, to
remain available until September 30, 2015, of which,
$50,000,000 shall be expended for 50 additional fugitive
operations teams and not less than $14,000,000 shall be
expended for vetted units operations in Central America and
human smuggling and trafficking investigations: Provided,
That the Secretary of Homeland Security shall support no
fewer than an additional 3,000 family and 800 other beds and
substantially increase the availability and utilization of
detention space for adults with children.

general provisions

Sec. 201. (a) For an additional amount for meeting the data
collection and reporting requirements of this Act,
$5,000,000.
(b) Notwithstanding section 503 of Division F of the
Consolidated Appropriations Act, 2014 (Public Law 113-76),
funds made available under subsection (a) for data collection
and reporting requirements may be transferred by the
Secretary of Homeland Security between appropriations for the
same purpose.
(c) The Secretary may not make a transfer described in
subsection (b) until 15 days after notifying the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives of such
transfer.

TITLE III

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES

Department of Health and Human Services

administration for children and families

refugee and entrant assistance

(including transfer of funds)

For an additional amount for ``Refugee and Entrant
Assistance'', $150,000,000, to be merged with and available
for the same period and purposes as funds appropriated in
Public Law 113-76 ``for carrying out such sections 414, 501,
462, and 235'': Provided, That funds appropriated under this
heading may also be used for other medical response expenses
of the Department of Health and Human Services in assisting
individuals identified under subsection (b) of such section
235: Provided further, That, the Secretary may, in this
fiscal year and hereafter, accept and use money, funds,
property, and services of any kind made available by gift,
devise, bequest, grant, or other donation for carrying out
such sections: Provided further, That funds appropriated
under this heading for medical response expenses may be
transferred to and merged with the ``Public Health and Social
Services Emergency Fund'': Provided further, That transfer
authority under this heading is subject to the regular
notification procedures of the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives.

general provisions

(rescission)

Sec. 301. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act (42 U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is
rescinded.

TITLE IV

GENERAL PROVISIONS--THIS TITLE

Repatriation and Reintegration

Sec. 401. (a) Of the funds appropriated in titles III and
IV of division K of Public Law 113-76, and in prior Acts
making appropriations for the Department of State, foreign

[[Page 13858]]

operations, and related programs, for assistance for the
countries in Central America, up to $40,000,000 shall be made
available for such countries for repatriation and
reintegration activities: Provided, That funds made available
pursuant to this section may be obligated notwithstanding
subsections (c) and (e) of section 7045 of division K of
Public Law 113-76.
(b) Prior to the initial obligation of funds made available
pursuant to this section, but not later than 15 days after
the date of enactment of this Act, and every 90 days
thereafter until September 30, 2015, the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a report on the
obligation of funds made available pursuant to this section
by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including
increasing penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States and to emphasize the lack of immigration benefits
available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) The Secretary of State shall suspend assistance
provided pursuant to this section to the government of a
country if such government is not making significant progress
on each item described in paragraphs (1) through (5) of
subsection (b): Provided, That assistance may only be resumed
if the Secretary reports to the appropriate congressional
committees that subsequent to the suspension of assistance
such government is making significant progress on each of the
items enumerated in such subsection.
(d) Funds made available pursuant to this section shall be
subject to the regular notification procedures of the
Committee on Appropriations of the Senate and the Committee
on Appropriations of House of Representatives and the Senate.

TITLE V

general provisions -- this act

Sec. 501. Not later than 30 days after the date of the
enactment of this Act, the Attorney General, working in
coordination with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to individuals whose cases will be adjudicated by
the Executive Office for Immigration Review that ensures
that--
(1) the Department of Justice is capable of electronically
receiving information from the Department of Homeland
Security and the Department of Health and Human Services
related to the apprehension, processing, detention,
placement, and adjudication of such individuals, including
unaccompanied alien children;
(2) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to
appear are electronically integrated with information
collected by the Department of Justice's Executive Office for
Immigration Review during the adjudication process;
(3) cases are coded to reflect immigration status and
appropriate categories at apprehension, such as unaccompanied
alien children and family units;
(4) information pertaining to cases and dockets are
collected and maintained by the Department of Justice in an
electronic, searchable database that includes--
(A) the status of the individual appearing before the court
upon apprehension;
(B) the docket upon which the case is placed;
(C) the individual's presence for court proceedings;
(D) the final disposition of each case;
(E) the number of days each case remained on the docket
before final disposition; and
(F) any other information the Attorney General determines
to be necessary and appropriate; and
(5) the final disposition of an adjudication or an order of
removal is electronically submitted to--
(A) the Department of Homeland Security; and
(B) the Department of Health and Human Services, if
appropriate.
Sec. 502. Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security,
working in coordination with the Attorney General and the
Secretary of Health and Human Services, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to individuals who are apprehended or encountered
for immigration enforcement purposes by the Department of
Homeland Security that ensures that--
(1) case files prepared by the Department of Homeland
Security after an individual has been issued a notice to
appear are electronically transmitted to--
(A) the Department of Justice's Executive Office for
Immigration Review for integration with case files prepared
during the adjudication process; and
(B) to the Department of Health and Human Services, as
appropriate, if the files relate to unaccompanied alien
children;
(2) the Department of Homeland Security is capable of
electronically receiving information pertaining to the
disposition of an adjudication, including removal orders and
the individual's failure to appear for proceedings, from the
Department of Justice's Executive Office for Immigration
Review; and
(3) information is collected and shared with the Department
of Justice regarding the immigration status and appropriate
categories of such individuals at the time of apprehension,
such as--
(A) unaccompanied alien children or family units;
(B) the location of their apprehension;
(C) the number of days they remain in the custody of the
Department of Homeland Security;
(D) the reason for releasing the individual from custody;
(E) the geographic location of their residence, if released
from custody;
(F) any action taken by the Department of Homeland Security
after receiving information from the Department of Justice
regarding an individual's failure to appear before the court;
(G) any action taken by the Department of Homeland Security
after receiving information from the Department of Justice
regarding the disposition of an adjudication; and
(H) any other information that the Secretary of Homeland
Security determines to be necessary and appropriate.
Sec. 503. Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, working in coordination with the Attorney General
and the Secretary of Homeland Security, shall institute a
process for collecting, exchanging, and sharing specific data
pertaining to unaccompanied alien children that ensures
that--
(1) the Department of Health and Human Services is capable
of electronically receiving information from the Department
of Homeland Security and the Department of Justice related to
the apprehension, processing, placement, and adjudication of
unaccompanied alien children;
(2) the Department of Health and Human Services shares
information with the Department of Homeland Security
regarding its capacity and capability to meet the 72-hour
mandate required under section 235(b)(3) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)(3)); and
(3) information is collected and shared with the Department
of Justice and the Department of Homeland Security
regarding--
(A) the number of days a child remained in the custody of
the Department of Health and Human Services;
(B) whether the child was placed in a facility operated by
the Department of Defense;
(C) for children placed with a sponsor--
(i) the number of children placed with the sponsor;
(ii) the relationship of the sponsor taking custody of the
child;
(iii) the type of background check conducted on the
potential sponsor; and
(iv) the geographic location of the sponsor; and
(D) any other information the Attorney General or the
Secretary of Homeland Security determines to be necessary and
appropriate.
Sec. 504. The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of
2010, shall be determined by reference to the latest
statement titled ``Budgetary Effects of PAYGO Legislation''
for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the
vote on passage.
Sec. 505. This Act may be cited as the ``Protecting
Children and America's Homeland Act of 2014''.

DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY

TITLE X--UNACCOMPANIED ALIEN CHILDREN

Subtitle A--Protection and Due Process for Unaccompanied Alien Children

SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

[[Page 13859]]

States'' and inserting ``Canada, El Salvador, Guatemala,
Honduras, Mexico, and any other foreign country that the
Secretary determines appropriate'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(3) inserting after paragraph (2) the following:
``(3) Mandatory expedited removal of criminals and gang
members.--Notwithstanding any other provision of law, the
Secretary of Homeland Security shall place an unaccompanied
alien child in a proceeding in accordance with section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225a) if, the
Secretary determines or has reason to believe the alien--
``(A) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
``(B) has been convicted of an offense which involved--
``(i) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
``(ii) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(iii) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
``(iv) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
``(v) driving while intoxicated (as defined in section 164
of title 23, United States Code); or
``(vi) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));
``(C) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
``(D) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
``(E) is or was a member of a criminal gang (as defined in
paragraph (53) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(F) provided materially false, fictitious, or fraudulent
information regarding age or identity to the United States
Government with the intent to wrongfully be classified as an
unaccompanied alien child; or
``(G) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.''; and
(4) in subparagraph (D) of paragraph (6), as redesignated
by paragraph (2)--
(A) by amending the subparagraph heading to read as
follows: ``Expedited due process and screening for
unaccompanied alien children.--'';
(B) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),
shall be--'' and inserting ``who meets the criteria listed in
paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the following:
``(i) shall be placed in a proceeding in accordance with
section 235B of the Immigration and Nationality Act, which
shall commence not later than 7 days after the screening of
an unaccompanied alien child described in paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of a
nongovernmental sponsor or otherwise released from the
immediate custody of the United States Government until the
child is repatriated unless the child--

``(I) is the subject of an order under section 235B(e)(1)
of the Immigration and Nationality Act; and
``(II) is placed or released in accordance with subsection
(c)(2)(C) of this section.'';

(F) in clause (iii), as redesignated, by inserting ``is''
before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting ``shall
be'' before ``provided''.

SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.

(a) Humane and Expedited Inspection and Screening for
Unaccompanied Alien Children.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
inserting after section 235A the following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.

``(a) Asylum Officer Defined.--In this section, the term
`asylum officer' means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208; and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph (1); and
``(B) has had substantial experience adjudicating asylum
applications.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)),
an immigration judge shall conduct and conclude a proceeding
to inspect, screen, and determine the status of the
unaccompanied alien child who is an applicant for admission
to the United States.
``(2) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the unaccompanied
alien child and any witnesses;
``(B) may issue subpoenas for the attendance of witnesses
and presentation of evidence;
``(C) is authorized to sanction by civil money penalty any
action (or inaction) in contempt of the judge's proper
exercise of authority under this Act; and
``(D) shall determine whether the unaccompanied alien child
meets any of the criteria set out in subparagraphs (A)
through (G) of paragraph (3) of section 235(a) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)), and if so, order the alien
removed under subsection (e)(2) of this section.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in the
absence of the unaccompanied alien child;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of the mental incompetency of the unaccompanied alien child
for the alien to be present at the proceeding, the Attorney
General shall prescribe safeguards to protect the rights and
privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the unaccompanied alien child shall be given the
privilege of being represented, at no expense to the
Government, by counsel of the alien's choosing who is
authorized to practice in the proceedings;
``(B) the alien shall be given a reasonable opportunity--
``(i) to examine the evidence against the alien;
``(ii) to present evidence on the alien's own behalf; and
``(iii) to cross-examine witnesses presented by the
Government;
``(C) the rights set forth in subparagraph (B) shall not
entitle the alien--
``(i) to examine such national security information as the
Government may proffer in opposition to the alien's admission
to the United States; or
``(ii) to an application by the alien for discretionary
relief under this Act; and
``(D) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--An
unaccompanied alien child applying for admission to the
United States may, and at any time prior to the issuance of a
final order of removal, be permitted to withdraw the
application and immediately be returned to the alien's
country of nationality or country of last habitual residence.
``(6) Consequences of failure to appear.--An unaccompanied
alien child who does not attend a proceeding under this
section, shall be ordered removed, except under exceptional
circumstances where the alien's absence is the fault of the
Government, a medical emergency, or an act of nature.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a proceeding under
this section, the immigration judge shall determine whether
an unaccompanied alien child is likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from removal under
this Act.
``(B) Evidence.--The determination of the immigration judge
under subparagraph (A) shall be based only on the evidence
produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this section, an
unaccompanied alien child who is an applicant for admission
has the burden of establishing, by a preponderance of the
evidence, that the alien--
``(i) is likely to be entitled to be lawfully admitted to
the United States or eligible for any form of relief from
removal under this Act; or

[[Page 13860]]

``(ii) is lawfully present in the United States pursuant to
a prior admission.
``(B) Access to documents.--In meeting the burden of proof
under subparagraph (A)(ii), the alien shall be given access
to--
``(i) the alien's visa or other entry document, if any; and
``(ii) any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the
alien's admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met
the burden of proof under subsection (d)(2), the immigration
judge shall--
``(A) order the alien to be placed in further proceedings
in accordance with section 240; and
``(B) order the Secretary of Homeland Security to place the
alien on the U.S. Immigration and Customs Enforcement
detained docket for purposes of carrying out such
proceedings.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under section 208;
or
``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the
immigration judge shall order the alien referred for an
interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Credible fear of persecution defined.--In this
subsection, the term `credible fear of persecution' means,
after taking into account the credibility of the statements
made by an unaccompanied alien child in support of the
alien's claim and such other facts as are known to the asylum
officer, there is a significant possibility that the alien
could establish eligibility for asylum under section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct the interviews of an unaccompanied alien child
referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the asylum officer
determines at the time of the interview that an unaccompanied
alien child has a credible fear of persecution, the alien
shall be held in the custody of the Secretary for Health and
Human Services pursuant to section 235(b) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)) during further consideration
of the application for asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an unaccompanied alien child
does not have a credible fear of persecution, the asylum
officer shall order the alien removed from the United States
without further hearing or review.
``(B) Record of determination.--The asylum officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as stated by the
alien;
``(ii) such additional facts (if any) relied upon by the
asylum officer;
``(iii) the asylum officer's analysis of why, in light of
such facts, the alien has not established a credible fear of
persecution; and
``(iv) a copy of the asylum officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a credible fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--

``(I) shall include an opportunity for the alien to be
heard and questioned by the immigration judge, either in
person or by telephonic or video connection; and
``(II) shall be concluded as expeditiously as possible, to
the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination
under subparagraph (A).

``(D) Mandatory protective custody.--Any alien subject to
the procedures under this paragraph shall be held in the
custody of the Secretary of Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b))--
``(i) pending a final determination of an application for
asylum under this subsection; and
``(ii) after a determination under this subsection that the
alien does not have a credible fear of persecution, until the
alien is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of
title 28, United States Code, after having been warned of the
penal ties for falsely making such claim under such
conditions to have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.
``(h) Last in, First Out.--In any proceedings,
determinations, or removals under this section, priority
shall be accorded to the alien who has most recently arrived
in the United States.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 235A the
following:

``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.
(b) Judicial Review of Orders of Removal.--Section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 235(b)(1))''
and inserting ``section 235(b)(1) or an order of removal
issued to an unaccompanied alien child after proceedings
under section 235B''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears; and
(ii) in subparagraph (A)--

(2) in subsection (e)--
(A) in the subsection heading, by inserting ``or 235B''
after ``Section 235(b)(1)'';
(B) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears;
(C) in subparagraph (2)(C), by inserting ``or section
235B(g)'' after ``section 235(b)(1)(C)''; and
(D) in subparagraph (3)(A), by inserting ``or section
235B'' after ``section 235(b)''.

SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN
CHILDREN PRESENT IN THE UNITED STATES.

(a) Special Motions for Unaccompanied Alien Children.--
(1) Filing authorized.--During the 60-day period beginning
on the date of the enactment of this Act, the Secretary of
Homeland Security shall, notwithstanding any other provision
of law, permit an unaccompanied alien child who was issued a
notice to appear under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) during the period beginning
on January 1, 2013, and ending on the date of the enactment
of this Act--
(A) to appear, in-person, before an immigration judge who
has been authorized by the Attorney General to conduct
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 1002;
(B) to attest that the unaccompanied alien child desires to
apply for admission to the United States; and
(C) to file a motion--
(i) to replace any notice to appear issued between January
1, 2013, and the date of the enactment of this Act under such
section 239 that has not resulted in a final order of
removal; and
(ii) to apply for admission to the United States by being
placed in proceedings under such section 235B.
(2) Adjudication of motion.--An immigration judge may, at
the sole and unreviewable discretion of the judge, grant a
motion filed under paragraph (1)(C) upon a finding that--
(A) the petitioner was an unaccompanied alien child (as
defined in section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232)) on the date on which a notice to appear was issued to
the alien under section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229);
(B) the notice to appear was issued during the period
beginning on January 1, 2013, and ending on the date of the
enactment of this Act;
(C) the unaccompanied alien child is applying for admission
to the United States; and
(D) the granting of such motion would not be manifestly
unjust.
(3) Effect of motion.--Notwithstanding any other provision
of law, upon the granting of a motion to replace a notice to
appear under paragraph (2), the immigration judge who granted
such motion shall--
(A) while the petitioner remains in-person, immediately
inspect and screen the petitioner for admission to the United
States by conducting a proceeding under section 235B of the
Immigration and Nationality Act, as added by section 1002;
(B) immediately notify the petitioner of the petitioner's
ability, under section 235B(c)(5) of the Immigration and
Nationality Act to withdraw the petitioner's application for
admission to the United States

[[Page 13861]]

and immediately be returned to the petitioner's country of
nationality or country of last habitual residence; and
(C) replace the petitioner's notice to appear with an order
under section 235B(e) of the Immigration and Nationality Act.
(4) Protective custody.--An unaccompanied alien child who
has been granted a motion under paragraph (2) shall be held
in the custody of the Secretary of Health and Human Services
pursuant to section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232).

SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION
SHARING.

Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)) is amended by adding at the end the following:
``(5) Information sharing.--
``(A) Immigration status.--If the Secretary of Health and
Human Services considers placement of an unaccompanied alien
child with a potential sponsor, the Secretary of Homeland
Security shall provide to the Secretary of Health and Human
Services the immigration status of such potential sponsor
prior to the placement of the unaccompanied alien child.
``(B) Other information.--The Secretary of Health and Human
Services shall provide to the Secretary of Homeland Security
and the Attorney General any relevant information related to
an unaccompanied alien child who is or has been in the
custody of the Secretary of Health and Human Services,
including the location of the child and any person to whom
custody of the child has been transferred, for any legitimate
law enforcement objective, including enforcement of the
immigration laws.''.

SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

Section 235(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(b)), as amended by section 1004, is further amended by
inserting at the end the following:
``(6) Inspection of facilities.--The Inspector General of
the Department of Health and Human Services shall conduct
regular inspections of facilities utilized by the Secretary
of Health and Human Services to provide care and custody of
an unaccompanied alien children who are in the immediate
custody of the Secretary to ensure that such facilities are
operated in the most efficient manner practicable.
``(7) Facility operations costs.--The Secretary of Health
and Human Services shall ensure that facilities utilized to
provide care and custody of unaccompanied alien children are
operated efficiently and at a rate of cost that is not
greater than $500 per day for each child housed or detained
at such facility, unless the Secretary certifies that
compliance with this requirement is temporarily impossible
due to emergency circumstances.''.

SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL
REMOVAL PROCEEDING.

Section 235(c) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)) is amended--
(1) in paragraph (2) by inserting at the end the following:
``(C) Children in formal removal proceedings.--
``(i) Limitation on placement.--An unaccompanied alien
child who has been placed in a proceeding under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a) may
not be placed in the custody of a nongovernmental sponsor or
otherwise released from the immediate custody of the United
States Government unless--

``(I) the nongovernmental sponsor is a biological or
adoptive parent of the unaccompanied alien child;
``(II) the parent is legally present in the United States
at the time of the placement;
``(III) the parent has undergone a mandatory biometric
criminal history check; and
``(IV) the Secretary of Health and Human Services has
determined that the unaccompanied alien child is not a danger
to self, danger to the community, or risk of flight.

``(ii) Exceptions.--If the Secretary of Health and Human
Services determines that an unaccompanied alien child is a
victim of severe forms of trafficking in persons (as defined
in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)), a special needs child with a
disability (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has
been a victim of physical or sexual abuse under circumstances
that indicate that the child's health or welfare has been
significantly harmed or threatened, or a child with mental
health needs that require ongoing assistance from a social
welfare agency, the unaccompanied alien child may be placed
with a grandparent or adult sibling if the grandparent or
adult sibling meets the requirements set out in subclauses
(II), (III), and (IV) of clause (i).
``(iii) Monitoring.--

``(I) In general.--An unaccompanied alien child who is 15,
16, or 17 years of age placed with a nongovernmental sponsor
or, in the case of an unaccompanied alien child younger than
15 years of age placed with a nongovernmental sponsor, such
nongovernmental sponsor shall--

``(aa) enroll in the alternative to detention program of
U.S. Immigration and Customs Enforcement; and
``(bb) continuously wear an electronic ankle monitor while
the unaccompanied alien child is in removal proceedings.

``(II) Penalty for monitor tampering.--If an electronic
ankle monitor required by subclause (I) is tampered with, the
sponsor of the unaccompanied alien child shall be subject to
a civil penalty of $150 for each day the monitor is not
functioning due to the tampering, up to a maximum of $3,000.

``(iv) Effect of violation of conditions.--The Secretary of
Health and Human Services shall remove an unaccompanied alien
child from a sponsor if the sponsor violates the terms of the
agreement specifying the conditions under which the alien was
placed with the sponsor.
``(v) Failure to appear.--

``(I) Civil penalty.--If an unaccompanied alien child is
placed with a sponsor and fails to appear in a mandatory
court appearance, the sponsor shall be subject to a civil
penalty of $250 for each day until the alien appears in
court, up to a maximum of $5,000.
``(II) Burden of proof.--The sponsor is not subject to the
penalty imposed under subclause (I) if the sponsor--

``(aa) appears in person and proves to the immigration
court that the failure to appear by the unaccompanied alien
child was not the fault of the sponsor; and
``(bb) supplies the immigration court with documentary
evidence that supports the assertion described in item (aa).
``(vi) Prohibition on placement with sex offenders and
human traffickers.--The Secretary of Health and Human
Services may not place an unaccompanied alien child under
this subparagraph in the custody of an individual who has
been convicted of, or the Secretary has reason to believe was
otherwise involved in the commission of--

``(I) a sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S. 16911));
or
``(II) a crime involving severe forms of trafficking in
persons (as defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102)).

``(vii) Requirements of criminal background check.--A
biometric criminal history check required by clause (i)(IV)
shall be conducted using a set of fingerprints or other
biometric identifier through--

``(I) the Federal Bureau of Investigation;
``(II) criminal history repositories of all States that the
individual lists as current or former residences; and
``(III) any other State or Federal database or repository
that the Secretary of Health and Human Services determines is
appropriate.''.

SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY
OF UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1041. Fraud in connection with the transfer of custody
of unaccompanied alien children

``(a) In General.--It shall be unlawful for a person to
obtain custody of an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)) by--
``(1) making any materially false, fictitious, or
fraudulent statement or representation; or
``(2) making or using any false writing or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry.
``(b) Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, this section shall be fined under this
title and imprisoned for not less than 1 year.
``(2) Enhanced penalty for trafficking.--If the primary
purpose of the violation, attempted violation, or conspiracy
to violate this section was to subject the child to sexually
explicit activity or any other form of exploitation, the
offender shall be fined under this title and imprisoned for
not less than 15 years.''.
(b) Clerical Amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1040 the following:

``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.

SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.

[[Page 13862]]

Services shall submit a report to the Governor of each State
in which an unaccompanied alien child was discharged to a
sponsor or placed in a facility while remaining in the legal
custody of the Secretary during the period beginning October
1, 2013 and ending on the date of the enactment of the
Protecting Children and America's Homeland Act of 2014.
``(3) Monthly reports.--The Secretary of Health and Human
Services shall submit a monthly report to the Governor of
each State in which, during the reporting period,
unaccompanied alien children were discharged to a sponsor or
placed in a facility while remaining in the legal custody of
the Secretary of Health and Human Services.
``(4) Contents.--Each report required to be submitted to
the Governor of a State by paragraph (2) or (3) shall
identify the number of unaccompanied alien children placed in
the State during the reporting period, disaggregated by--
``(A) the locality in which the aliens were placed; and
``(B) the age of the aliens.''.
(b) Monitoring Requirement.--The Secretary of Health and
Human Services shall--
(1) require all sponsors to agree--
(A) to receive approval from the Secretary of Health and
Human Services prior to changing the location in which the
sponsor is housing an unaccompanied alien child placed in the
sponsor's custody; and
(B) to provide a current address for the child and the
reason for the change of address;
(2) provide regular and frequent monitoring of the physical
and emotional well-being of each unaccompanied alien child
who has been discharged to a sponsor or remained in the legal
custody of the Secretary until the child's immigration case
is resolved; and
(3) not later than 60 days after the date of the enactment
of this Act, provide to Congress a plan for implementing the
requirement of paragraph (2).

SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES.

(a) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall
designate up to 100 immigration judges, including through the
temporary or permanent hiring of retired immigration judges,
magistrate judges, or administrative law judges, or the
reassignment of current immigration judges, that are
dedicated to--
(1) conducting humane and expedited inspection and
screening for unaccompanied alien children under section 235B
of the Immigration and Nationality Act, as added by section
1002; or
(2) reducing existing backlogs in immigration court
proceedings initiated under section 239 of the Immigration
and Nationality Act (8 U.S.C. 1229).
(b) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to the
purpose described in subsection (a)(1) to comply with the
requirement under section 235B(b)(1) of the Immigration and
Nationality Act, as added by section 1002.

SEC. 1010. REPORTS TO CONGRESS.

(a) Reports on Care of Unaccompanied Alien Child.--Not
later than December 31, 2014 and September 30, 2015, the
Secretary of Health and Human Services shall submit to
Congress and make publically available a report that
includes--
(1) a detailed summary of the contracts in effect to care
for and house unaccompanied alien children, including the
names and locations of contractors and the facilities being
used;
(2) the cost per day to care for and house an unaccompanied
alien child, including an explanation of such cost;
(3) the number of unaccompanied alien children who have
been released to a sponsor, if any;
(4) a list of the States to which unaccompanied alien
children have been released from the custody of the Secretary
of Health and Human Services to the care of a sponsor or
placement in a facility;
(5) the number of unaccompanied alien children who have
been released to a sponsor who is not lawfully present in the
United States, including the country of nationality or last
habitual residence and age of such children;
(6) a determination of whether more than 1 unaccompanied
alien child has been released to the same sponsor, including
the number of children who were released to such sponsor;
(7) an assessment of the extent to which the Secretary of
Health and Human Services is monitoring the release of
unaccompanied alien children, including home studies done and
ankle bracelets or other devices used;
(8) an assessment of the extent to which the Secretary of
Health and Human Services is making efforts--
(A) to educate unaccompanied alien children about their
legal rights; and
(B) to provide unaccompanied alien children with access to
pro bono counsel; and
(9) the extent of the public health issues of unaccompanied
alien children, including contagious diseases, the benefits
or medical services provided, and the outreach to States and
localities about public health issues, that could affect the
public.
(b) Reports on Repatriation Agreements.--Not later than
February 31, 2015 and August 31, 2015, the Secretary of State
shall submit to Congress and make publically available a
report that--
(1) describes--
(A) any repatriation agreement for unaccompanied alien
children in effect and a copy of such agreement; and
(B) any such repatriation agreement that is being
considered or negotiated; and
(2) describes the funding provided to the 20 countries that
have the highest number of nationals entering the United
States as unaccompanied alien children, including amounts
provided--
(A) to deter the nationals of each country from illegally
entering the United States; and
(B) to care for or reintegrate repatriated unaccompanied
alien children in the country of nationality or last habitual
residence.
(c) Reports on Returns to Country of Nationality.--Not
later than December 31, 2014 and September 30, 2015, the
Secretary of Homeland Security shall submit to Congress and
make publically available a report that describes--
(1) the number of unaccompanied alien children who have
voluntarily returned to their country of nationality or
habitual residence, disaggregated by--
(A) country of nationality or habitual residence; and
(B) age of the unaccompanied alien children;
(2) the number of unaccompanied alien children who have
been returned to their country of nationality or habitual
residence, including assessment of the length of time such
children were present in the United States;
(3) the number of unaccompanied alien children who have not
been returned to their country of nationality or habitual
residence pending travel documents or other requirements from
such country, including how long they have been waiting to
return; and
(4) the number of unaccompanied alien children who were
granted relief in the United States, whether through asylum
or any other immigration benefit.
(d) Reports on Immigration Proceedings.--Not later than
September 30, 2015, and once every 3 months thereafter, the
Director of the Executive Office for Immigration Review shall
submit to Congress and make publically available a report
that describes--
(1) the number of unaccompanied alien children who, after
proceedings under section 235B of the Immigration and
Nationality Act, as added by section 1002, were returned to
their country of nationality or habitual residence,
disaggregated by--
(A) country of nationality or residence; and
(B) age and gender of such aliens;
(2) the number of unaccompanied alien children who, after
proceedings under such section 235B, prove a claim of
admissibility and are place in proceedings under section 240
of the Immigration and Nationality Act (8 U.S.C. 1229a);
(3) the number of unaccompanied alien children who fail to
appear at a removal hearing that such alien was required to
attend;
(4) the number of sponsors who were levied a penalty,
including the amount and whether the penalty was collected,
for the failure of an unaccompanied alien child to appear at
a removal hearing; and
(5) the number of aliens that are classified as
unaccompanied alien children, the ages and countries of
nationality of such children, and the orders issued by the
immigration judge at the conclusion of proceedings under such
section 235B for such children.

Subtitle B--Cooperation With Countries of Nationality of Unaccompanied
Alien Children

SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.

[[Page 13863]]

(C) the likelihood that the vast majority of the
unaccompanied children seeking admission or immigration
relief, including through application as a refugee or claims
of asylum, do not qualify for such admission or relief, and
therefore will be repatriated.
(3) While special circumstances currently exist to justify
in-country refugee application processing for El Salvador,
Guatemala, and Honduras, it is appropriate to determine the
admissibility of individuals applying for refugee status from
those countries according to current law and granting
administrative relief in instances in which refugee or asylum
applications are denied, or are expected to be denied, would
exacerbate the grave humanitarian concerns described in
paragraph (2) by further encouraging attempts at migration.
(b) Authority for In-country Refugee Processing.--
Notwithstanding section 101(a)(42)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years
2014 and 2015, the Secretary of State, in consultation with
the Secretary of Homeland Security and the Director of the
Office of Refugee Resettlement of the Department of Health
and Human Services, shall process an application for refugee
status--
(1) for an alien who is a national of El Salvador,
Guatemala, or Honduras and is located in such country; or
(2) in the case of an alien having no nationality, for an
alien who is habitually residing in such country and is
located in such country.
(c) Rule of Construction.--Nothing in this section may be
construed as a grant of immigration benefit or relief, nor as
a change to existing law regarding the eligibility for any
individual for such benefit or relief, other than to the
extent refugee applications shall be permitted in-country in
accordance with this section.

SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.

Notwithstanding any other provision of law, the President,
in determining the number of refugees who may be admitted
under section 207(a) of the Immigration and Nationality Act
(8 U.S.C. 1157(a))--
(1) for fiscal year 2014, may --
(A) allocate the unallocated reserve refugee number set out
in the Presidential Memorandum on Refugee Admissions for
Fiscal Year 2014 issued on October 2, 2013 to admit refugees
from Central America; and
(B) allocate any unused admissions allocated to a
particular region for Central American refugee admissions;
and
(2) for fiscal year 2015, shall include Central America
among the regional allocations included in the Presidential
determination for refugee admissions that fiscal year.

SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF
UNACCOMPANIED ALIEN CHILDREN.

(a) Certification.--
(1) In general.--Subject to paragraph (2), on the date that
is 60 days after the date of the enactment of this Act, and
annually thereafter, the President shall make a certification
of whether the Government of El Salvador, Guatemala, or
Honduras--
(A) is actively working to reduce the number of
unaccompanied alien children from that country who are
attempting to migrate northward in order to illegally enter
the United States;
(B) is cooperating with the Government of the United States
to facilitate the repatriation of unaccompanied alien
children who are removed from the United States and returned
to their country of nationality or habitual residence; and
(C) has negotiated or is actively negotiating an agreement
under section 235(a)(2)(C) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(a)(2)(C)), as amended by section 1001.
(2) Interim certification.--If prior to the date an annual
certification is required by paragraph (1) the President
determines the most recent such certification for the
Government of El Salvador, Guatemala, or Honduras is no
longer accurate, the President may make an accurate
certification for that country prior to such date.
(b) Limitation on Assistance.--The Federal Government may
not provide any assistance (other than security assistance)
to El Salvador, Guatemala, or Honduras unless in the most
recent certification for that country under subsection (a) is
that the Government of El Salvador, Guatemala, or Honduras,
respectively, meets the requirements of subparagraphs (A),
(B), and (C) of subsection (a)(1).

TITLE XI--CRIMINAL ALIENS

SEC. 1101. ALIEN GANG MEMBERS.

(a) Definition.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at
the end the following:
``(53)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons--
``(i)(I) that has as 1 of its primary purposes the
commission of 1 or more of the criminal offenses described in
subparagraph (B); and
``(II) the members of which engage, or have engaged within
the past 5 years, in a continuing series of offenses
described in subparagraph (B); or
``(ii) that has been designated as a criminal gang under
section 220 by the Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of
State.
``(B) The offenses described in this subparagraph, whether
in violation of Federal or State law or foreign law and
regardless of whether the offenses occurred before, on, or
after the date of the enactment of the Protecting Children
and America's Homeland Act of 2014, are the following:
``(i) A `felony drug offense' (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(ii) An offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for
immoral purpose).
``(iii) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(iv) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary.
``(v) Any conduct punishable under sections 1028 and 1029
of title 18, United States Code (relating to fraud and
related activity in connection with identification documents
or access devices), sections 1581 through 1594 of such title
(relating to peonage, slavery and trafficking in persons),
section 1952 of such title (relating to interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such
title (relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or stolen
property).
``(vi) A conspiracy to commit an offense described in
clauses (i) through (v).
``(C) Notwithstanding any other provision of law (including
any effective date), the term `criminal gang' applies
regardless of whether the conduct occurred before, on, or
after the date of the enactment of this paragraph.''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Aliens associated with criminal gangs.--Any alien is
inadmissible who a consular officer, the Secretary of
Homeland Security, or the Attorney General knows or has
reason to believe--
``(i) is or has been a member of a criminal gang; or
``(ii) has participated in the activities of a criminal
gang knowing or having reason to know that such activities
will promote, further, aid, or support the illegal activity
of the criminal gang.''.
(c) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by
adding at the end the following:
``(G) Aliens associated with criminal gangs.--Any alien is
deportable who the Secretary of Homeland Security or the
Attorney General knows or has reason to believe--
``(i) is or has been a member of a criminal gang; or
``(ii) has participated in the activities of a criminal
gang knowing or having reason to know that such activities
will promote, further, aid, or support the illegal activity
of the criminal gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 219 the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

``(a) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, or the Secretary of
State may designate a group or association as a criminal gang
if their conduct is described in section 101(a)(53) or if the
group or association conduct poses a significant risk that
threatens the security and the public safety of nationals of
the United States or the national security, homeland
security, foreign policy, or economy of the United States.
``(b) Effective Date.--A designation made under subsection
(a) shall remain in effect until the designation is revoked
after consultation between the Secretary of Homeland
Security, the Attorney General, and the Secretary of State or
is terminated in accordance with Federal law.''.
(2) Clerical amendment.--The table of contents in the first
section of the Immigration and Nationality Act is amended by
inserting after the item relating to section 219 the
following:

[[Page 13864]]

the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on the number of
aliens detained under the amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described
in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who
is'' after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is
amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(G)(i) (relating to participation in
criminal gangs); or''.
(g) Temporary Protected Status.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and inserting
``States;'';
(B) in clause (ii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time after admission has
been, a member of a criminal gang.''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section
101(a)(27)(J)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(iii)) is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by inserting ``and'' at the end; and
(3) by adding at the end the following:

``(III) no alien who is, or was at any time after admission
has been, a member of a criminal gang shall be eligible for
any immigration benefit under this subparagraph;''.

(i) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur before, on, or after the
date of the enactment of this Act.

SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS
CRIMINALS, TERRORISTS, AND GANG MEMBERS.

(a) In General.--Notwithstanding any other provision of
law, an immigration officer who finds an alien described in
subsection (b) at a land border or port of entry of the
United States and determines that such alien is inadmissible
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) shall treat such alien in accordance with section 235
of the Immigration and Nationality Act (8 U.S.C. 1225).
(b) Threats to Public Safety.--An alien described in this
subsection is an alien who the Secretary of Homeland Security
determines, or has reason to believe--
(1) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
(2) has been convicted of an offense which involved--
(A) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
(B) child abuse and neglect (as defined in section 40002(a)
of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
(C) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);
(D) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
(E) driving while intoxicated (as defined in section 164 of
title 23, United States Code); or
(F) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));
(3) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
(4) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
(5) is or was a member of a criminal street gang (as
defined in paragraph (53) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as added
by section 1101(a)); or
(6) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.

SEC. 1103. FUGITIVE OPERATIONS.

The Secretary of Homeland Security is authorized to hire
350 U.S. Immigration and Customs Enforcement detention
officers that comprise 50 Fugitive Operations Teams
responsible for identifying, locating, and arresting fugitive
aliens.

SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.

Not later than 1 year after the date of the enactment of
this Act, the Secretary of Homeland Security shall increase
the number of detention beds available for aliens placed in
removal proceedings under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.) by not less than 5,000, including
such detention beds available for family units.

TITLE XII--BORDER SECURITY

SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.

No Federal funds or resources may be used to issue a new
directive, memorandum, or Executive Order that provides for
relief from removal or work authorization to a class of
individuals who are not otherwise eligible for such relief
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) or such work authorization, including expanding
deferred action for childhood arrivals.

SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.

(a) Definitions.--In this section:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the international border between the United
States and Mexico.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--To achieve
effective control of Federal lands--
(1) the Secretary concerned, notwithstanding any other
provision of law, shall authorize and provide U.S. Customs
and Border Protection personnel with immediate access to
Federal lands for security activities, including--
(A) routine motorized patrols; and
(B) the deployment of communications, surveillance, and
detection equipment;
(2) the security activities described in paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection personnel on
the natural and cultural resources present on individual
Federal land units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (b), the
Secretary, in consultation with the Secretaries concerned,
shall prepare and publish in the Federal Register a notice of
intent to prepare a programmatic environmental impact
statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the
impacts of the activities described in subsection (b).
(2) Effect on processing application and special use
permits.--The pending completion of a programmatic
environmental impact statement under this section shall not
result in any delay in the processing or approving of
applications or special use permits by the Secretaries
concerned for the activities described in subsection (b).
(3) Amendment of land use plans.--The Secretaries concerned
shall amend any land use plans, as appropriate, upon
completion of the programmatic environmental impact statement
described in paragraph (1).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental impact statement described in
paragraph (1)--
(A) may be used to advise the Secretary of Homeland
Security on the impact on natural and cultural resources on
Federal lands; and
(B) shall not control, delay, or restrict actions by the
Secretary of Homeland Security to achieve effective control
on Federal lands.
(d) Intermingled State and Private Land.--This section
shall not apply to any private or State-owned land within the
boundaries of Federal lands.

SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE
HUMANITARIAN CRISIS.

[[Page 13865]]

for grants and reimbursements to State and local governments
in Border Patrol Sectors on the along the international
border between the United States and Mexico for--
(A) costs personnel, overtime, and travel;
(B) costs related to combating illegal immigration and drug
smuggling; and
(C) costs related to providing humanitarian relief to
unaccompanied alien children and family units who have
entered the United States.
(2) Funding for state and local governments.--Allocations
for grants and reimbursements to State and local governments
under this paragraph shall be made by the Administrator of
the Federal Emergency Management Agency through a competitive
process.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years 2014 and 2015 such sums
as may be necessary to carry out this section.

SEC. 1204. PREVENTING ORGANIZED SMUGGLING.

(a) Unlawfully Hindering Immigration, Border, or Customs
Controls.--
(1) Amendment to title 18, united states code.--
(A) In general.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 556. Unlawfully hindering immigration, border, or
customs controls

``(a) Illicit Spotting.--Any person who knowingly transmits
to another person the location, movement, or activities of
any Federal, State, or tribal law enforcement agency with the
intent to further a Federal crime relating to United States
immigration, customs, importation of controlled substances,
agriculture products, or monetary instruments, or other
border controls shall be fined under this title, imprisoned
not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--Any
person who knowingly and without lawful authorization
destroys, alters, or damages any fence, barrier, sensor,
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry, or otherwise seeks to
construct, excavate, or make any structure intended to
defeat, circumvent or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or, in furtherance of any such crime,
possesses a firearm, shall be fined under this title,
imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) shall be punished
in the same manner as a person who completes a violation of
such subsection.''.
(B) Clerical amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by inserting
after the item relating to section 555 the following:

``556. Unlawfully hindering immigration, border, or customs
controls.''.

(2) Prohibiting carrying or use of a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of
title 18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place such term
appears; and
(ii) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Statute of limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``556 (hindering
immigration, border, or customs controls), 1598 (organized
human smuggling),'' before ``1581''.
(b) Organized Human Smuggling.--
(1) Amendment to title 18, united states code.--Chapter 77
of title 18, United States Code, is amended by adding at the
end the following:

``Sec. 1598. Organized human smuggling

``(a) Prohibited Activities.--It shall be unlawful for any
person, while acting for profit or other financial gain, to
knowingly direct or participate in an effort or scheme to
assist or cause 3 or more persons--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of entry
designated by the Secretary of Homeland Security; or
``(C) in a manner not prescribed by the immigration laws
and regulations of the United States;
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or attempt to
enter the United States without lawful authority; and
``(B) with the intent to aid or further such entry or
attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in unlawful
transit from 1 country to another or on the high seas; and
``(B) under circumstances in which the persons are seeking
to enter the United States without official permission or
legal authority.
``(b) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) shall be punished in the
same manner as a person who completes a violation of such
subsection.
``(c) Base Penalty.--Except as provided in subsection (d),
any person who violates subsection (a) or (b) shall be fined
under this title, imprisoned for not more than 20 years, or
both.
``(d) Enhanced Penalties.--Any person who violates
subsection (a) or (b)--
``(1) in the case of a violation causing a serious bodily
injury (as defined in section 1365) to any person, shall be
fined under this title, imprisoned for not more than 30
years, or both;
``(2) in the case of a violation causing the life of any
person to be placed in jeopardy, shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(3) in the case of a violation involving 10 or more
persons, shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a United States or foreign government official,
shall be fined under this title, imprisoned for not more than
30 years, or both;
``(5) in the case of a violation involving robbery or
extortion (as such terms are defined in paragraph (1) or (2),
respectively, of section 1951(b)), shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(6) in the case of a violation causing any person to be
subjected to an involuntary sexual act (as defined in section
2246(2)), shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(7) in the case of a violation resulting in the death of
any person, shall be fined under this title, imprisoned for
any term of years or for life, or both;
``(8) in the case of a violation in which any alien is
confined or restrained, including by the taking of clothing,
goods, or personal identification documents, shall be fined
under this title, imprisoned for not more than 10 years, or
both; or
``(9) in the case of smuggling an unaccompanied alien child
(as defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2)), shall be fined under this title
or imprisoned not more than 20 years.
``(e) Definitions.--In this section:
``(1) Effort or scheme to assist or cause 3 or more
persons.--The term `effort or scheme to assist or cause 3 or
more persons' does not require that the 3 or more persons
enter, attempt to enter, prepare to enter, or travel at the
same time if such acts are completed during a 1-year period.
``(2) Lawful authority.--The term `lawful authority'--
``(A) means permission, authorization, or license that is
expressly provided for under the immigration laws of the
United States; and
``(B) does not include--
``(i) any authority described in subparagraph (A) that was
secured by fraud or otherwise unlawfully obtained; or
``(ii) any authority that was sought, but not approved.''.
(2) Clerical amendment.--The table of sections for chapter
77 of title 18, United States Code, is amended by inserting
after the item relating to section 1597 the following:

[[Page 13866]]

(D) efforts to provide, in coordination with the Federal
Law Enforcement Training Center, training for the border and
maritime security components of the Department of Homeland
Security to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States; and
(E) the identification of the high traffic areas of human
smuggling.
(4) Report.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report that describes the strategy to be
implemented under paragraph (2), including the components
listed in paragraph (3), to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of
Representatives.
(B) Form.--The Secretary may submit the report required
under subparagraph (A) in classified form if the Secretary
determines that such form is appropriate.
(5) Annual list of high traffic areas.--Not later than
February 1st of the first year beginning after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a list of the
high traffic areas of human smuggling referred to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
______

By Mr. REED (for himself, Mr. Durbin, Mr. Whitehouse, Mr. Markey,
and Mr. Leahy):
S. 2755. A bill to prevent deaths occurring from drug overdoses; to
the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today, in an effort to decrease the rate of
drug overdose deaths, I am pleased to be joined by Senators Durbin,
Markey, Whitehouse, and Leahy in introducing the Overdose Prevention
Act. Representative Donna Edwards has introduced a similar bill in the
House.
Throughout the country, the death rate from drug overdoses has been
rapidly climbing. According to the Centers for Disease Control and
Prevention, CDC, drug overdose death rates have more than tripled since
1990, and more than 110 Americans died each day from drug overdoses in
2011. More than half of these deaths are attributable to opioids, like
prescription pain relievers or heroin. Indeed, this tragic epidemic has
hit particularly hard in my home State of Rhode Island, where already
in 2014, more than 100 individuals have died from apparent and
confirmed drug overdoses.
Americans aged 25 to 64 are now more likely to die as a result of a
drug overdose than from injuries sustained in motor vehicle traffic
crashes. While overdoses from illegal drugs persist as a major public
health problem, fatal overdoses from prescribed opioid pain medications
such as oxycodone account for more than 40 percent of all overdose
deaths.
It is clear that we must do more to stop these often preventable
deaths. Fortunately, the drug naloxone, which has no side effects and
no potential for abuse, is widely recognized as an important tool to
help prevent drug overdose deaths. Naloxone can rapidly reverse an
overdose from heroin and opioid medications if provided in a timely
manner. Overdose prevention programs, including those that utilize
naloxone, have been credited with saving more than 10,000 lives since
1996, according to the CDC.
Opioid abuse and overdose is not an abstract threat found in far-off
corners. It is a national public health crisis and it's taking place
right here at home in our communities and our neighborhoods.
Rhode Island is taking steps to combat this scourge and is leading
the way in adopting innovative solutions. Through a ``collaborative
practice agreement,'' some Rhode Island pharmacies are dispensing
naloxone, along with training about its proper use, to anyone who walks
in and requests the treatment, no prescription necessary. In addition,
the Rhode Island State Police now carry naloxone in every cruiser.
However, there's more work to be done at the federal level.
The Overdose Prevention Act, which I am introducing today, would
complement Rhode Island's efforts and take important steps towards
addressing this issue and increasing access to naloxone in our
communities. The legislation aims to establish a comprehensive national
response to this epidemic that emphasizes collaboration between State
and Federal officials and employs best practices from the medical
community, as well as programs and treatments that have been proven
effective to combat this startling national trend. This is an emergency
and it requires a coordinated and comprehensive response.
Specifically, the bill would authorize the U.S. Department of Health
and Human Services, HHS, to award funding through cooperative
agreements to eligible entities--like public health agencies or
community-based organizations with expertise in preventing overdose
deaths. As a condition of participation, an entity would use the grant
to purchase and distribute naloxone, and carry out overdose prevention
activities, such as educating and training prescribers, pharmacists,
and first responders on how to recognize the signs of an overdose, seek
emergency medical help, and administer naloxone and other first aid.
As rates of overdose deaths continue to spike, public health
agencies, law enforcement, and others are struggling to keep up without
accurate and timely information about the epidemic. Therefore, the
Overdose Prevention Act would also require HHS to take steps to improve
surveillance and research of drug overdose deaths, so that public
health agencies, law enforcement, and community organizations have an
accurate picture of the problem.
It would also establish a coordinated federal plan of action to
address this epidemic. The Overdose Prevention Act brings together
first responders, medical personnel, addiction treatment specialists,
social service providers, and families to help save lives and get at
the root of this problem.
I am pleased that the Overdose Prevention Act has the support of the
American Association of Poison Control Centers, the Drug Policy
Alliance, the Harm Reduction Coalition, and the Trust for America's
Health. I look forward to working with these and other stakeholders, as
well as Representative Edwards and the rest of our colleagues in
passing this crucial legislation. Many of these overdose deaths are
preventable, and it is time for Congress to act to give communities the
help they need to stop this epidemic.
______

By Mr. BOOKER:
S. 2761. A bill to amend title 23, United States Code, to permit the
consolidation of metropolitan planning organizations, and for other
purposes; to the Committee on Environment and Public Works.
Mr. BOOKER. Mr. President, I rise to talk about our Nation's
infrastructure and how Congress needs a long-term transportation bill
that empowers local and regional planning authorities.
Infrastructure drives our economy. New Jersey alone has more than
38,000 miles of public roads, and nearly 1,000 miles of rail freight
lines, connecting every corner of my State to consumers and networks
throughout the region.
This means jobs. It means quality of life. It means investment in our
communities and moving us forward.
Currently, just 8 percent of our Federal highway dollars are
controlled by regional and local interests.
In order to increase the role of local communities in our
transportation policy decisions, I introduced today The Local
Empowerment Act, which would reward high-performing Metropolitan
Planning Organizations, MPO's, with additional, directly-allocated
funds.
MPO's that coordinate well with other MPOs in the region, consider
performance goals as part of their planning, have equitable approaches
to decision making, and demonstrate high technical capacity would be
rewarded with additional resources to support their local priorities.
Consider the fact that \3/4\ of GDP is generated from within metro
areas, 65 percent of the population resides in metro areas, and 95
percent of all public transportation passenger miles traveled take
place in metro areas.
As the mayor of Newark, NJ, I learned through first-hand experience

[[Page 13867]]

how important it is that the federal government partner with local
communities to make substantial, long-term investments in our
transportation infrastructure.
Federal transportation policy must provide local and regional
stakeholders with resources and decision-making power, and take into
account how local communities are being impacted by congestion, air
pollution and our broader investment decisions.
At all levels of government, there is a dire need for additional,
creative policy options that will rind more projects, create more jobs,
and rehabilitate and rebuild our crumbling infrastructure.
I would like to highlight the leadership of Anthony Foxx, Secretary
of Transportation, for proposing a program along the lines of this
legislation.
Secretary Foxx, like me a former mayor, understands how important it
is that Federal programs empower local entities and I urge my
colleagues to join in supporting this legislation.

____________________

SUBMITTED RESOLUTIONS

______

SENATE RESOLUTION 531--HONORING THE LIFE, ACCOMPLISHMENTS, AND LEGACY
OF LOUIS ZAMPERINI AND EXPRESSING CONDOLENCES ON HIS PASSING

Mrs. FEINSTEIN (for herself and Mr. McCain) submitted the following
resolution; which was referred to the Committee on the Judiciary:

S. Res. 531

Whereas Louis Silvie ``Lou'' Zamperini was born on January
26, 1917, to Anthony and Louise Zamperini, in Olean, New
York;
Whereas Louis Zamperini represented the United States in
the 1936 Olympics in Berlin as a distance runner;
Whereas Louis Zamperini graduated from the University of
Southern California in 1940 and enlisted in the United State
Army Air Corps in 1941, earning the rank of lieutenant;
Whereas in May 1943, Louis Zamperini's B-24 bomber
malfunctioned and crashed during a search-and-rescue mission
over the Pacific Ocean, leaving him and 2 other individuals
stranded;
Whereas Louis Zamperini survived for 47 days adrift in a
life raft with Second Lieutenant Russell Phillips before
being captured by Japanese forces and placed in a prisoner of
war camp;
Whereas for more than 2 years, during his imprisonment,
Louis Zamperini endured brutal treatment and forced labor
with courage and resilience;
Whereas upon the conclusion of World War II, Louis
Zamperini was released from the prisoner of war camp in
September 1945;
Whereas Louis Zamperini was promoted to captain and awarded
multiple distinguishing military honors, including the Purple
Heart, the Distinguished Flying Cross, and the Prisoner of
War Medal;
Whereas Louis Zamperini was given the honor of carrying the
Olympic flame in 1984, 1996, and 1998;
Whereas in the years after World War II, Louis Zamperini
traveled as an inspirational public speaker, using his
experiences to inspire a message of forgiveness;
Whereas the airport in Torrance, California was named
``Zamperini Field'' in honor of Louis Zamperini; and
Whereas Louis Zamperini leaves a legacy as a national hero
and an inspiration to future generations: Now, therefore, be
it
Resolved, That the Senate--
(1) honors the life, accomplishments, and legacy of Louis
Zamperini;
(2) extends heartfelt sympathies and condolences to the
family of Louis Zamperini; and
(3) requests the President to identify an appropriate and
lasting program of the United States Government to honor the
legacy of Louis Zamperini.

____________________

SENATE RESOLUTION 532--DESIGNATING THE WEEK BEGINNING SEPTEMBER 7,
2014, AS ``NATIONAL DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK''

Mr. CARDIN (for himself, Ms. Collins, Mr. Blumenthal, Mr. Brown, Mr.
Casey, Mr. Franken, Mr. Grassley, Mr. King, Ms. Klobuchar, Mr. Manchin,
Mr. Markey, Mr. Murphy, Mr. Portman, Mr. Rockefeller, and Ms. Warren)
submitted the following resolution; which was considered and agreed to:

S. Res. 532

Whereas direct care workers, personal assistants, personal
attendants, in-home support workers, and paraprofessionals
(referred to in this preamble as ``direct support
professionals'') are the primary providers of publicly-funded
long-term support and services for millions of individuals
with disabilities;
Whereas direct support professionals must build a close,
respectful, and trusted relationship with individuals with
disabilities;
Whereas direct support professionals assist individuals
with disabilities with intimate personal care assistance on a
daily basis;
Whereas direct support professionals provide a broad range
of individualized support, including--
(1) preparation of meals;
(2) helping with medications;
(3) assisting with bathing and dressing;
(4) assisting individuals with physical disabilities with
access to their environment;
(5) providing transportation to school, work, religious,
and recreational activities; and
(6) helping with general aspects of daily living, such as
financial matters, medical appointments, and personal
interests;
Whereas direct support professionals provide essential
support to help keep individuals with disabilities connected
to family, friends, and community;
Whereas direct support professionals support individuals
with disabilities in making choices that lead to meaningful,
productive lives;
Whereas direct support professionals are the key to helping
individuals with disabilities to live successfully in the
community, and to avoid more costly institutional care;
Whereas the participation of direct support professionals
in medical care planning is critical to the successful
transition from medical events to post-acute care and long-
term support and services;
Whereas the majority of direct support professionals are
the primary financial providers for their families and often
work multiple jobs to make ends meet;
Whereas direct support professionals are a critical element
in supporting individuals who are receiving health care
services for severe chronic health conditions and individuals
with with functional limitations;
Whereas while direct support professionals work and pay
taxes, many direct support professionals earn poverty-level
wages and are therefore eligible for the same Federal and
State public assistance programs on which individuals with
disabilities served by direct support professionals must also
depend;
Whereas Federal and State policies assert the right of
certain individuals with a disability to live in a
residential setting in the community, or an institutional
setting of their choice, and the Supreme Court of the United
States, in Olmstead v. L.C., 527 U.S. 581 (1999), confirmed
that right for certain individuals;
Whereas, as of 2014, the majority of direct support
professionals are employed in home and community-based
settings and this majority is projected to increase over the
next decade;
Whereas there is a documented and increasing critical
shortage of direct support professionals throughout the
United States; and
Whereas many direct support professionals are forced to
leave their jobs due to inadequate wages and benefits and
limited opportunities for advancement, creating demonstrated
high turnover and vacancy rates, which adversely affect the
quality of support and the safety and health of individuals
with disabilities: Now, therefore, be it
Resolved, That the Senate--
(1) designates the week beginning September 7, 2014, as
``National Direct Support Professionals Recognition Week'';
(2) recognizes the dedication of direct support
professionals and the vital role direct support professionals
have in enhancing the lives of individuals with disabilities
of all ages;
(3) appreciates the contribution of direct support
professionals in supporting individuals with disabilities and
their families in the United States;
(4) identifies direct support professionals as integral to
long-term support and services for individuals with
disabilities; and
(5) finds that the successful implementation of the public
policies affecting individuals with disabilities in the
United States depends on the dedication of direct support
professionals.

____________________

SENATE RESOLUTION 533--DESIGNATING SEPTEMBER 2014 AS ``NATIONAL SPINAL
CORD INJURY AWARENESS MONTH''

Mr. RUBIO (for himself and Mr. Nelson) submitted the following
resolution; which was considered and agreed to:

S. Res. 533

Whereas over 1,275,000 individuals in the United States are
estimated to live with a spinal cord injury and cost society
billions of dollars in health care and lost wages;
Whereas 100,000 of the individuals in the United States
with a spinal cord injury are estimated to be veterans who
suffered the spinal cord injury while serving as members of
the Armed Forces;
Whereas accidents are the leading cause of spinal cord
injuries;

[[Page 13868]]

Whereas motor vehicle crashes are the second leading cause
of spinal cord and traumatic brain injuries;
Whereas 70 percent of all spinal cord injuries that occur
in children under the age of 18 are a result of motor vehicle
accidents;
Whereas every 48 minutes a person becomes paralyzed,
underscoring the urgent need to develop new neuroprotection,
pharmacological, and regeneration treatments to reduce,
prevent, and reverse paralysis; and
Whereas increased education and investment in research are
key factors to improving outcomes for victims of spinal cord
injuries, improving the quality of life of victims, and
ultimately curing paralysis: Now, therefore, be it
Resolved, That the Senate--
(1) designates September 2014 as ``National Spinal Cord
Injury Awareness Month'';
(2) supports the goals and ideals of National Spinal Cord
Injury Awareness Month;
(3) continues to support research to find better
treatments, more effective therapies, and a cure for
paralysis;
(4) supports clinical trials for new therapies that offer
promise and hope to people living with paralysis; and
(5) commends the dedication of local, regional, and
national organizations, researchers, doctors, volunteers, and
people across the United States that are working to improve
the quality of life of people living with paralysis and their
families.

____________________

SENATE RESOLUTION 534--DESIGNATING SEPTEMBER 6, 2014, AS ``EVERETT
McKINLEY DIRKSEN AND MARIGOLD DAY''

Mr. KIRK (for himself and Mr. Durbin) submitted the following
resolution; which was considered and agreed to:

S. Res. 534

Whereas the great Senator Everett McKinley Dirksen of
Pekin, Illinois, has passed from the halls of the United
States Capitol;
Whereas the current Senators wish to honor Senator Dirksen;
Whereas, upon the passing of Senator Dirksen, his
contemporaries and peers stated that--
(1) Senator Dirksen--
(A) provided sage advice and counsel and wholehearted
wisdom;
(B) provided support that made the civil rights
legislation of the 1960s a fact rather than a dream during
that decade; and
(C) was known as an American who cultivated a high sense
of honor; and
(2) when Senator Dirksen spoke, the country listened, and
his eloquence was a source of national strength;
Whereas, as the obituary for Senator Dirksen in the New
York Times noted, Senator Dirksen ``was ever constant to the
marigold, which he sought to make the national flower and
which he grew profusely in his garden'';
Whereas, as Senator Dirksen said on the Senate floor on
April 17, 1967, the marigold ``is a native of North America
and can in truth and in fact be called an American flower'';
Whereas, as Senator Dirksen said in that speech, the
marigold ``is national in character, for it grows and thrives
in every one of the fifty states of this nation'';
Whereas, as Senator Dirksen said in that speech, the
marigold's ``robustness reflects the hardihood and character
of the generations who pioneered and built this land into a
great nation'';
Whereas, beginning in 1973, Pekin has held the Pekin
Marigold Festival each year to honor Pekin's favorite son,
Senator Everett McKinley Dirksen; and
Whereas the 40th Pekin Marigold Festival will be held
during the first week of September 2014, which includes
Saturday, September 6: Now, therefore, be it
Resolved, That the Senate designates September 6, 2014, as
``Everett McKinley Dirksen and Marigold Day''.

____________________

SENATE RESOLUTION 535--TO AUTHORIZE THE PRINTING OF A REVISED EDITION
OF THE SENATE RULES AND MANUAL

Mr. SCHUMER submitted the following resolution; which was considered
and agreed to:

S. Res. 535

Resolved, That--
(1) the Committee on Rules and Administration shall prepare
a revised edition of the Senate Rules and Manual for the use
of the 113th Congress;
(2) the manual shall be printed as a Senate document; and
(3) in addition to the usual number of copies, 1,500 copies
of the manual shall be bound, of which--
(A) 500 paperbound copies shall be for the use of the
Senate; and
(B) 1,000 copies shall be bound (550 paperbound; 250
nontabbed black skiver; 200 tabbed black skiver) and
delivered as may be directed by the Committee on Rules and
Administration.

____________________

SENATE CONCURRENT RESOLUTION 42--RECOGNIZING CAREGIVING AS A PROFESSION
AND THE EXTRAORDINARY CONTRIBUTIONS OF PAID AND FAMILY CAREGIVERS

Mr. JOHANNS (for himself and Ms. Ayotte) submitted the following
concurrent resolution; which was referred to the Committee on Health,
Education, Labor, and Pensions:

S. Con. Res. 42

Whereas 10,000 individuals in the United States turn 65
years old each day;
Whereas it is estimated that 40,000,000 individuals in the
United States, 13 percent of the population of the United
States, are 65 years of age or older;
Whereas in 2056, for the first time, the population of
individuals in the United States who are age 65 or older is
projected to outnumber the population of individuals in the
United States who are under age 18;
Whereas by 2060, the population of individuals in the
United States who are age 65 or older is projected to
increase from 1 out of 7 individuals to 1 out of 5
individuals;
Whereas the population of individuals in the United States
who are age 85 or older is projected to increase from
5,900,000 to 18,200,000 by 2060;
Whereas the population of individuals in the Unites States
who are age 85 or older is projected to comprise 4.3 percent
of the total population of the United States by 2060;
Whereas more than 5,000,000 individuals in the United
States have Alzheimer's disease;
Whereas by 2050, as many as 16,000,000 individuals in the
United States are projected to have Alzheimer's disease;
Whereas it is estimated that 60 percent to 70 percent of
individuals in the United States who have Alzheimer's disease
or dementia live at home, and such individuals may need
assistance in their homes with activities of daily living;
Whereas 1 out of 5 of individuals in the United States who
are older than 65 years of age need assistance from a
caregiver to complete activities of daily living;
Whereas in order to address the surging population of
seniors who have significant needs for in-home care, the
field of senior caregiving must continue to grow;
Whereas it is estimated that there are 65,700,000 adults in
the United States who provide care to an individual who is
ill, disabled, or aged;
Whereas it is estimated that there are 1,800,000 paid
caregivers in the United States;
Whereas both unpaid family caregivers and paid caregivers
work together to serve the daily living needs of seniors who
live in their own homes;
Whereas employment of caregivers is projected to grow 49
percent from 2012 to 2022, much faster than the projected
average growth of all occupations; and
Whereas as a senior is able to assume responsibility for
more of his or her own care, the burden on public payment
systems in the Federal government and State governments
decreases: Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) recognizes the valuable contributions of caregivers;
(2) supports paid caregivers, the private home care
industry, and the efforts of family caregivers in the United
States by encouraging individuals to provide care to family,
friends, and neighbors;
(3) encourages accessible and affordable self-directed care
for seniors;
(4) should review Federal programs that address the needs
of seniors and the family caregivers of seniors; and
(5) encourages the Secretary of Health and Human Services
to continue efforts to educate the people of the United
States on the impact of aging and the importance of knowing
the options available to seniors when seniors need care to
meet their personal needs.

____________________

AMENDMENTS SUBMITTED AND PROPOSED

SA 3723. Mr. McCONNELL submitted an amendment intended to
be proposed by him to the bill S. 2648, making emergency
supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; which was ordered
to lie on the table.
SA 3724. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3725. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3726. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3727. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3728. Ms. COLLINS (for herself and Mr. Kaine) submitted
an amendment intended to be proposed by her to the bill S.
2410, to authorize appropriations for fiscal year 2015 for

[[Page 13869]]

military activities of the Department of Defense, for
military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table.
SA 3729. Mr. TOOMEY submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3730. Mr. BOOZMAN (for himself and Mr. Donnelly)
submitted an amendment intended to be proposed by him to the
bill S. 2410, supra; which was ordered to lie on the table.
SA 3731. Mrs. BOXER (for herself and Ms. Collins) submitted
an amendment intended to be proposed by her to the bill S.
2410, supra; which was ordered to lie on the table.
SA 3732. Mrs. SHAHEEN submitted an amendment intended to be
proposed by her to the bill H.R. 1233, to amend chapter 22 of
title 44, United States Code, popularly known as the
Presidential Records Act, to establish procedures for the
consideration of claims of constitutionally based privilege
against disclosure of Presidential records, and for other
purposes; which was ordered to lie on the table.
SA 3733. Ms. COLLINS (for herself and Mr. Blumenthal)
submitted an amendment intended to be proposed by her to the
bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table.
SA 3734. Mr. VITTER submitted an amendment intended to be
proposed by him to the bill S. 2648, making emergency
supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; which was ordered
to lie on the table.
SA 3735. Mr. VITTER submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3736. Mr. VITTER submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3737. Mr. VITTER submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3738. Mr. PAUL submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3739. Mr. PAUL submitted an amendment intended to be
proposed by him to the bill S. 2648, supra; which was ordered
to lie on the table.
SA 3740. Mr. KIRK submitted an amendment intended to be
proposed by him to the bill S. 2410, to authorize
appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the
table.
SA 3741. Mr. KIRK (for himself, Mr. Manchin, Mr. Durbin,
and Ms. Warren) submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3742. Mr. McCAIN (for himself and Mr. Flake) submitted
an amendment intended to be proposed by him to the bill S.
2648, making emergency supplemental appropriations for the
fiscal year ending September 30, 2014, and for other
purposes; which was ordered to lie on the table.
SA 3743. Ms. AYOTTE (for herself and Mr. Blumenthal)
submitted an amendment intended to be proposed by her to the
bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table.
SA 3744. Ms. KLOBUCHAR submitted an amendment intended to
be proposed by her to the bill S. 2410, supra; which was
ordered to lie on the table.
SA 3745. Mr. DONNELLY submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3746. Mrs. SHAHEEN submitted an amendment intended to be
proposed by her to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3747. Mr. CORNYN (for himself, Mr. Grassley, Mr.
McConnell, Mr. Flake, Mr. Coats, Mr. Isakson, Mr. Alexander,
Mr. Chambliss, Mr. Barrasso, and Mr. Cochran) submitted an
amendment intended to be proposed by him to the bill S. 2648,
making emergency supplemental appropriations for the fiscal
year ending September 30, 2014, and for other purposes; which
was ordered to lie on the table.
SA 3748. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill S. 2410, to authorize
appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the
table.
SA 3749. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3750. Mr. REID proposed an amendment to the bill S.
2648, making emergency supplemental appropriations for the
fiscal year ending September 30, 2014, and for other
purposes.
SA 3751. Mr. REID proposed an amendment to amendment SA
3750 proposed by Mr. Reid to the bill S. 2648, supra.
SA 3752. Mr. REID proposed an amendment to the bill S.
2648, supra.
SA 3753. Mr. REID proposed an amendment to amendment SA
3752 proposed by Mr. Reid to the bill S. 2648, supra.
SA 3754. Mr. REID proposed an amendment to amendment SA
3753 proposed by Mr. Reid to the amendment SA 3752 proposed
by Mr. Reid to the bill S. 2648, supra.
SA 3755. Ms. HIRONO submitted an amendment intended to be
proposed by her to the bill S. 2410, to authorize
appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the
table.
SA 3756. Ms. HIRONO submitted an amendment intended to be
proposed by her to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3757. Mr. CASEY submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3758. Mr. NELSON (for himself, Mrs. Shaheen, Mrs. Hagan,
Mr. Heinrich, Mr. Reed, Mr. King, and Mr. Kaine) submitted an
amendment intended to be proposed by him to the bill S. 2648,
making emergency supplemental appropriations for the fiscal
year ending September 30, 2014, and for other purposes; which
was ordered to lie on the table.
SA 3759. Mr. THUNE (for himself and Mr. Barrasso) submitted
an amendment intended to be proposed by him to the bill S.
2648, supra; which was ordered to lie on the table.
SA 3760. Ms. HIRONO submitted an amendment intended to be
proposed by her to the bill S. 2410, to authorize
appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the
table.
SA 3761. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3762. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3763. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3764. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3765. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3766. Mr. REID submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3767. Mr. CARPER submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3768. Mr. CARPER (for himself, Mr. Harkin, and Ms.
Hirono) submitted an amendment intended to be proposed by him
to the bill S. 2410, supra; which was ordered to lie on the
table.
SA 3769. Mr. CARPER submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3770. Mr. CARPER submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3771. Mr. CARPER submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3772. Mr. BEGICH (for himself and Ms. Murkowski)
submitted an amendment intended to be proposed to amendment
SA 3060 proposed by Mr. Wyden to the bill H.R. 3474, to amend
the Internal Revenue Code of 1986 to allow employers to
exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for
purposes of the employer mandate under the Patient Protection
and Affordable Care Act; which was ordered to lie on the
table.
SA 3773. Mr. PORTMAN submitted an amendment intended to be
proposed by him

[[Page 13870]]

to the bill S. 2410, to authorize appropriations for fiscal
year 2015 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table.
SA 3774. Mr. PORTMAN submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3775. Mr. CORNYN submitted an amendment intended to be
proposed by him to the bill S. 2648, making emergency
supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; which was ordered
to lie on the table.
SA 3776. Mr. TESTER (for himself and Mr. Portman) submitted
an amendment intended to be proposed by him to the bill S.
2410, to authorize appropriations for fiscal year 2015 for
military activities of the Department of Defense, for
military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table.
SA 3777. Mrs. GILLIBRAND (for herself and Mr. Carper)
submitted an amendment intended to be proposed by her to the
bill S. 2410, supra; which was ordered to lie on the table.
SA 3778. Mr. MENENDEZ submitted an amendment intended to be
proposed by him to the bill S. 2410, supra; which was ordered
to lie on the table.
SA 3779. Mr. PRYOR (for Mr. Murphy) proposed an amendment
to the resolution S. Res. 520, condemning the downing of
Malaysia Airlines Flight 17 and expressing condolences to the
families of the victims.

____________________

TEXT OF AMENDMENTS

At the appropriate place, insert the following:
Sec. __. (a) It is the policy of the United States that
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))) should
be--
(1) treated humanely; and
(2) expeditiously repatriated to their country of origin.
(b) No funds appropriated under this Act or any other Act
may be used to transport, or facilitate the transport of, any
unaccompanied alien child into a State unless, at least 30
days before such use, the following preconditions are met:
(1) The Secretary of Health and Human Services, in
consultation with the Governor of the affected State, has
certified, to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and the appropriate
congressional committees of jurisdiction, that the
unaccompanied alien children will not have a burdensome
economic impact or negative public health impact on the State
or affected localities.
(2) The Secretary of Health and Human Services and the
Secretary of Homeland Security have jointly certified to the
Speaker of the House of Representatives, the President Pro
Tempore of the Senate, and the appropriate congressional
committees of jurisdiction that the transportation of
unaccompanied alien children will not delay their immediate
repatriation.
(c) The certification under section (b)(1) shall include--
(1) the number of unaccompanied alien children involved;
(2) the proposed localities and facilities involved; and
(3) the approximate length of stay within the State.
______

SA 3724. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. (a) Before placing an unaccompanied alien child
(as defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) with an individual, the Secretary of
Health and Human Services shall provide the Secretary of
Homeland Security with the following information regarding
the individual with whom the child will be placed:
(1) The name of the individual.
(2) The social security number of the individual.
(3) The date of birth of the individual.
(4) The location of the individual's residence in which the
child will be placed.
(5) The immigration status of the individual, if known.
(6) Contact information for the individual.
(b) If a child who was apprehended on or after June 15,
2012, and before the date of the enactment of this Act, was
placed by the Secretary of Health and Human Services with an
individual, the Secretary shall provide the information
listed in subsection (a) to the Secretary of Homeland
Security not later than 90 days after the date of the
enactment of this Act.
(c) Not later than 30 days after receiving the information
listed in subsection (a), the Secretary of Homeland Security
shall--
(1) investigate the immigration status of any individual
with whom a child is placed whose immigration status is
unknown; and
(2) share the results of such investigation with the
Secretary of Health and Human Services.
______

SA 3725. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. (a) Not later than 24 hours before the Secretary
of Homeland Security or the Secretary of Health and Human
Services places unaccompanied alien children (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))) in a facility, or with a sponsor, in a State, the
Secretary who has custody of such child shall notify--
(1) the Governor of each State in which the children are
placed of the number of such children who are being placed in
such State, broken down by age and placement county; and
(2) the chief law enforcement officer of each county in
which the children are placed of the number of such children
who are being placed in such county, broken down by age.
(b) If an unaccompanied alien child fails to appear at an
immigration proceeding that he or she was legally required to
attend, the Secretary of Homeland Security shall notify the
Governor of the State and the chief law enforcement officer
of the county in which such child was temporarily placed of
such failure to appear.
______

SA 3726. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of chapter 5 of title I, insert the following:
Sec. __. Section 4002(b) of the Patient Protection and
Affordable Care Act (42 U.S.C. 300u-11) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (6) through (8), respectively; and
(2) by striking paragraph (2) and inserting the following:
``(2) for each of fiscal years 2012 through 2014,
$1,000,000,000;
``(3) for fiscal year 2016, $800,000,000;
``(4) for fiscal year 2017, $1,000,000,000;''.
______

SA 3727. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

On page 20, between lines 10 and 11, insert the following:
(c) Limitation on Acquisition.--
(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), beginning on the
date of enactment of this Act and during each of the
subsequent 10 full fiscal years, none of the funds made
available to the Secretary under any law may be used--
(A) to survey land for future acquisition as Federal land;
or
(B) to enter into discussions with non-Federal landowners
to identify land for acquisition as Federal land.
(2) Exception.--Paragraph (1) does not apply to the use of
funds--
(A) to complete land transactions underway on the date of
enactment of this Act;
(B) to exchange Federal land for non-Federal land; or
(C) to accept donations of non-Federal land as Federal
land.
(3) Offsetting use of funds.--Funds that would otherwise
have been used for purchase of non-Federal land by the Forest
Service shall be used to carry out the amendments made by
subsections (a) and (b).
______

SA 3728. Ms. COLLINS (for herself and Mr. Kaine) submitted an
amendment intended to be proposed by her to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal

[[Page 13871]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle E of title V, the following:

SEC. 557. PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS
BETWEEN USERS AND PERSONNEL OF THE DEPARTMENT
OF DEFENSE SAFE HELPLINE AND USERS AND
PERSONNEL OF THE DEPARTMENT OF DEFENSE SAFE
HELPROOM.

Not later than one year after the date of the enactment of
this Act, the Military Rules of Evidence shall be modified to
establish a privilege against the disclosure of
communications between users and personnel of the Department
of Defense Safe Helpline, and between users and personnel of
the Department of Defense Safe HelpRoom.
______

SA 3729. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. ____. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO
STATE VETERANS AGENCIES TO FACILITATE THE
TRANSITION OF MEMBERS OF THE ARMED FORCES FROM
MILITARY SERVICE TO CIVILIAN LIFE.

(a) Procedures Required.--The Secretary of Defense shall
develop procedures to share the information described in
subsection (b) on members of the Armed Forces who are
separating from the Armed Forces with State veterans agencies
in electronic data format as a means of facilitating the
transition of members of the Armed Forces from military
service to civilian life.
(b) Covered Information.--The information described in this
subsection with respect to a member is as follows:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Consent.--The procedures required by subsection (a)
shall include a requirement for consent of a member before
sharing information about the member.
(d) Use of Information.--The Secretary shall ensure that
the information shared with State veterans agencies in
accordance with the procedures required by subsection (a) is
only shared by such agencies with county government veterans
service offices for such purposes as the Secretary shall
specify for the administration and delivery of benefits.
(e) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the progress of the Secretary on sharing
information with State veterans agencies as described in
subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the procedures developed under
subsection (a).
(B) A description of the activities carried out by the
Secretary in accordance with such procedures.
(C) Such recommendations as the Secretary may have for
legislative or administrative action to improve the sharing
of information as described in subsection (a).
______

SA 3730. Mr. BOOZMAN (for himself and Mr. Donnelly) submitted an
amendment intended to be proposed by him to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. NATIONAL DESERT STORM AND DESERT SHIELD MEMORIAL.

(a) Definitions.--In this section:
(1) Association.--The term ``Association'' means the
National Desert Storm Memorial Association, a corporation
that is--
(A) organized under the laws of the State of Arkansas; and
(B)(i) described in section 501(c)(3) of the Internal
Revenue Code of 1986; and
(ii) exempt from taxation under 501(a) of that Code.
(2) Memorial.--The term ``memorial'' means the National
Desert Storm and Desert Shield Memorial authorized to be
established under subsection (b).
(b) Authorization To Establish Commemorative Work.--The
Association may establish the National Desert Storm and
Desert Shield Memorial as a commemorative work, on Federal
land in the District of Columbia to commemorate and honor the
members of the Armed Forces that served on active duty in
support of Operation Desert Storm or Operation Desert Shield.
(c) Compliance With Standards for Commemorative Works
Act.--The establishment of the memorial under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(d) Use of Federal Funds Prohibited.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the memorial under this
section.
(2) Responsibility of association.--The Association shall
be solely responsible for acceptance of contributions for,
and payment of the expenses of, the establishment of the
memorial.
(e) Deposit of Excess Funds.--If, on payment of all
expenses for the establishment of the memorial (including the
maintenance and preservation amount required by section
8906(b)(1) of title 40, United States Code), or on expiration
of the authority for the memorial under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the memorial, the
Association shall transmit the amount of the balance to the
Secretary of the Interior for deposit in the account provided
for in section 8906(b)(3) of title 40, United States Code.
______

SA 3731. Mrs. BOXER (for herself and Ms. Collins) submitted an
amendment intended to be proposed by her to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 557. REQUIREMENTS RELATING TO SEXUAL ASSAULT FORENSIC
EXAMINERS FOR THE ARMED FORCES.

(a) Personnel Eligible for Assignment.--
(1) In general.--Except as provided in paragraph (2), the
individuals who may be assigned to duty as a sexual assault
forensic examiner (SAFE) for the Armed Forces shall be
members of the Armed Forces and civilian personnel of the
Department of Defense or Department of Homeland Security who
are as follows:
(A) Physicians.
(B) Nurse practitioners.
(C) Nurse midwives.
(D) Physician assistants.
(E) Registered nurses.
(2) Independent duty corpsmen.--An independent duty
corpsman or equivalent may be assigned to duty as a sexual
assault forensic examiner for the Armed Forces if the
assignment of an individual specified in paragraph (1) is
impracticable.
(b) Availability of Examiners.--
(1) In general.--The Secretary concerned shall ensure the
availability of an adequate number of sexual assault forensic
examiners for the Armed Forces through the following:
(A) Assignment of at least one sexual assault forensic
examiner at each military medical treatment facility under
the jurisdiction of such Secretary, whether in the United
States or overseas.
(B) If assignment as described in subparagraph (A) is
infeasible or impracticable, entry into agreements with
facilities, whether Governmental or otherwise, with
appropriate resources for the provision of sexual assault
forensic examinations, for the provision of sexual assault
forensic examinations for the Armed Forces.
(2) Naval vessels.--The Secretary concerned shall ensure
the availability of an adequate number of sexual assault
forensic examiners for naval vessels through the assignment
of at least one sexual assault forensic examiner for each
naval vessel.
(c) Training and Certification.--
(1) In general.--The Secretary concerned shall establish
and maintain, and update when appropriate, a training and
certification program for sexual assault forensic examiners
under the jurisdiction of such Secretary. The training and
certification programs shall apply uniformly to all sexual
assault forensic examiners under the jurisdiction of the
Secretaries.
(2) Elements.--Each training and certification program
under this subsection shall include the following:
(A) Training in sexual assault forensic examinations by
qualified personnel who possess--
(i) a Sexual Assault Nurse Examiner--adolescent/adult
(SANE-A) certification or equivalent certification; or
(ii) training and clinical or forensic experience in sexual
assault forensic examinations similar to that required for a
certification described in clause (i).
(B) A minimum of 40 hours of coursework for participants in
sexual assault forensic examinations of adults and
adolescents.
(C) Ongoing examinations and evaluations on sexual assault
forensic examinations.
(D) Clinical mentoring.
(E) Continuing education.
(3) Nature of training.--The training provided under each
training and certification program under this subsection
shall incorporate and reflect current best practices and

[[Page 13872]]

standards on sexual assault forensic examinations.
(4) Applicability of training requirements.--An individual
may not be assigned to duty as a sexual assault forensic
examiner for the Armed Forces after the date that is one year
after the date of the enactment of this Act unless the
individual has completed all training required under the
training and certification program under this subsection at
the time of assignment.
(5) Sense of congress on certification.--It is the sense of
Congress that each participant who successfully completes all
training required under the certification and training
program under this subsection should obtain a Sexual Assault
Nurse Examiner--adolescent/adult certification or equivalent
certification by not later than five years after completion
of such training.
(6) Examiners under agreements.--Any individual providing
sexual assault forensic examinations for the Armed Forces
under an agreement under subsection (b)(1)(B) shall possess
training and experience equivalent to the training and
experience required under the training and certification
program under this subsection.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Defense with respect to matters
concerning the Department of Defense; and
(2) the Secretary of Homeland Security with respect to
matters concerning the Coast Guard when it is not operating
as a service in the Navy.
(e) Repeal of Superseded Requirements.--Section 1725 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 971) is amended by striking
subsection (b) (10 U.S.C. 1561 note).
______

SA 3732. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill H.R. 1233, to amend chapter 22 of title 44, United
States Code, popularly known as the Presidential Records Act, to
establish procedures for the consideration of claims of
constitutionally based privilege against disclosure of Presidential
records, and for other purposes; which was ordered to lie on the table;
as follows:

On page 33, after the matter following line 7, add the
following:

SEC. 11. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER.

(a) In General.--The President shall take appropriate
actions to enhance the authority and capacity of the National
Declassification Center under Executive Order No. 13526, or
any successor Executive order, in order to facilitate,
enhance, and advance a government-wide strategy for the
declassification of information.
(b) Required Actions.--The actions taken under subsection
(a) shall include the following:
(1) A requirement that Federal agencies complete the review
of Presidential and Federal records proposed for
declassification, in accordance with priorities established
by the National Declassification Center, within one year of
the start of the declassification process, except that
agencies may complete such review within two years of the
start of the declassification process upon the written
approval of the Director of the National Declassification
Center.
(2) A requirement that Federal agencies with authority to
classify information share their declassification guidance
with other such Federal agencies and with the National
Declassification Center.

SEC. 12. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE
NATIONAL DECLASSIFICATION CENTER.

(a) In General.--The Director of the National
Declassification Center shall provide for consultation
between the advisory panel to the National Declassification
Center and the public.
(b) Frequency.--Consultations under subsection (a) shall
occur not less frequently than the frequency of the regular
meetings of the advisory panel to the National
Declassification Center and, to the extent practicable, shall
occur concurrently with the meetings of the advisory panel.

SEC. 13. EXTENSION OF PUBLIC INTEREST DECLASSIFICATION BOARD.

Section 710(b) of the Public Interest Declassification Act
of 2000 (50 U.S.C. 3161 note) is amended by striking ``2014''
and inserting ``2018''.

SEC. 14. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE
RECORDS.

Federal agencies shall take appropriate actions to identify
and designate historically valuable records as soon as
possible after their creation in order to ensure the
preservation and future accessibility of such documents and
records.
______

SA 3733. Ms. COLLINS (for herself and Mr. Blumenthal) submitted an
amendment intended to be proposed by her to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle B of title VII, add the following:

SEC. 725. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF
THE ARMED FORCES, THEIR DEPENDENTS, AND
VETERANS.

Not later than 60 days after the date of the enactment of
this Act, the Attorney General shall, in consultation with
the Secretary of Defense and the Secretary of Veterans
Affairs, prescribe regulations that allow for prescription
drug take-back under which members of the Armed Forces and
their dependents may deliver controlled substances to
military medical treatment facilities, and veterans may
deliver controlled substances to Department of Veterans
Affairs medical facilities, in accordance with section 302(g)
of the Controlled Substances Act (21 U.S.C. 822(g)). The
delivery of such substances shall be subject to such
requirements as the Attorney General, after consultation with
the Secretary of Defense and the Secretary of Veterans
Affairs, shall specify in the regulations.
______

SA 3734. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used to place an unaccompanied
alien child pursuant to section 235(c) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(c)) in any setting other than a
secure facility.
______

SA 3735. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ELIGIBILITY FOR CHILD TAX CREDIT.

(a) In General.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended by striking ``under
this section to a taxpayer'' and all that follows and
inserting ``under this section to any taxpayer unless--
``(1) such taxpayer includes the taxpayer's valid
identification number (as defined in section 6428(h)(2)) on
the return of tax for the taxable year, and
``(2) with respect to any qualifying child, the taxpayer
includes the name and taxpayer identification number of such
qualifying child on such return of tax.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______

SA 3736. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--EXPEDITED PROCESSING OF UNACCOMPANIED ALIEN CHILDREN

SEC. _01. EQUAL TREATMENT OF UNACCOMPANIED ALIEN CHILDREN.

Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the paragraph heading to read as follows:
``Rules for unaccompanied alien children'';
(ii) in subparagraph (A), by striking ``who is a national
or habitual resident of a country that is contiguous with the
United States'';
(iii) in subparagraph (B)--

(I) in the matter preceding clause (i), by striking ``may''
and inserting ``shall''; and
(II) in clause (ii), by inserting ``not later than 72 hours
after the child is screened under paragraph (4) by placing
the child on the next available flight to such country,
subject to determinations of cost, feasibility and any
repatriation agreements with such country'' before the period
at the end; and

(iv) in subparagraph (C), by striking ``countries
contiguous to the United States'' and inserting ``countries
from which large numbers of unaccompanied alien children are
unlawfully entering the United States'';
(B) in paragraph (4)--
(i) by striking ``Within 48 hours of'' and inserting the
following:
``(A) In general.--Not later than 48 hours after''; and
(ii) by striking ``Nothing in this paragraph'' and
inserting the following:

[[Page 13873]]

``(B) Gang affiliation.--If an immigration officer
determines that an unaccompanied alien child is, or has been,
affiliated with a criminal street gang (as defined in section
521(a) of title 18, United States Code), the child shall be
treated in accordance with paragraph (2)(B).
``(C) Savings provision.--Nothing in this paragraph''; and
(C) in paragraph (5)(D), by striking ``from a contiguous
country subject to exceptions under subsection (a)(2)'' and
inserting ``described in paragraph (2)(A)''; and
(2) in subsection (c)--
(A) by striking paragraphs (2) through (4);
(B) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Mandatory detention for unaccompanied alien
children.--An unaccompanied alien child who is apprehended by
U.S. Border Patrol or U.S. Immigration and Customs
Enforcement shall be detained and remain in the custody of
the Department of Homeland Security until the child--
``(A) voluntarily departs from the United States in
accordance with section 240B of the Immigration and
Nationality Act (8 U.S.C. 1229c);
``(B) is expeditiously removed from the United States in
accordance with--
``(i) an order of removal issued in accordance with section
235(b)(1) of such Act (8 U.S.C. 1225(b)(1)); or
``(ii) a final order of removal issued at the conclusion of
special removal proceedings conducted pursuant to section 240
of such Act (8 U.S.C. 1229a); or
``(C) is legally admitted into the United States as--
``(i) a refugee under section 207 of such Act (8 U.S.C.
1157); or
``(ii) an asylee under section 208 of such Act (8 U.S. C.
1158).''.

SEC. _02. EXPEDITED DUE PROCESS AND SCREENING OF
UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Chapter 4 of the Immigration and
Nationality Act is amended by inserting after section 235A
the following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.

``(a) Defined Term.--In this section, the term `asylum
officer' means an immigration officer who--
``(1) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208, and
``(2) is supervised by an officer who--
``(A) meets the condition described in paragraph (1); and
``(B) has had substantial experience adjudicating asylum
applications.
``(b) Proceeding.--
``(1) In general.--Not later than 7 days after the
screening of an unaccompanied alien child under section
235(a)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)),
an immigration judge shall conduct a proceeding to inspect,
screen, and determine the status of an unaccompanied alien
child who is an applicant for admission to the United States.
``(2) Biometric data collection.--The inspection and
screening required under paragraph (1) shall include the
collection of biometric data from each unaccompanied alien
child, including photographs and fingerprints.
``(3) Time limit.--Not later than 72 hours after the
conclusion of a proceeding with respect to an unaccompanied
alien child under this section, the immigration judge who
conducted such proceeding shall issue an order pursuant to
subsection (e).
``(c) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge conducting a proceeding under this section--
``(A) shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and any
witnesses;
``(B) may issue subpoenas for the attendance of witnesses
and presentation of evidence; and
``(C) is authorized to sanction by civil money penalty any
action (or inaction) in contempt of the judge's proper
exercise of authority under this Act.
``(2) Form of proceeding.--A proceeding under this section
may take place--
``(A) in person;
``(B) at a location agreed to by the parties, in the
absence of the alien;
``(C) through video conference; or
``(D) through telephone conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Rights of the alien.--In a proceeding under this
section--
``(A) the alien shall be given the privilege of being
represented, at no expense to the Government, by counsel of
the alien's choosing who is authorized to practice in such
proceedings;
``(B) the alien shall be given a reasonable opportunity--
``(i) to examine the evidence against the alien;
``(ii) to present evidence on the alien's own behalf; and
``(iii) to cross-examine witnesses presented by the
Government;
``(C) the rights set forth in subparagraph (B) shall not
entitle the alien--
``(i) to examine such national security information as the
Government may proffer in opposition to the alien's admission
to the United States; or
``(ii) to an application by the alien for discretionary
relief under this Act; and
``(D) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Withdrawal of application for admission.--In the
discretion of the Attorney General, an alien applying for
admission to the United States may, and at any time, be
permitted to withdraw such application and immediately be
returned to the alien's country of nationality or country of
last habitual residence.
``(d) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of a proceeding under
this section, the immigration judge shall determine whether
an unaccompanied alien child is likely to be--
``(i) admissible to the United States; or
``(ii) eligible for any form of relief from removal under
this Act.
``(B) Evidence.--The determination of the immigration judge
under subparagraph (A) shall be based only on the evidence
produced at the hearing.
``(2) Burden of proof.--
``(A) In general.--In a proceeding under this section, an
alien who is an applicant for admission has the burden of
establishing, by a preponderance of the evidence, that the
alien--
``(i) is likely to be entitled to be lawfully admitted to
the United States or eligible for any form of relief from
removal under this Act; or
``(ii) is lawfully present in the United States pursuant to
a prior admission.
``(B) Access to documents.--In meeting the burden of proof
under subparagraph (A)(ii), the alien shall be given access
to--
``(i) the alien's visa or other entry document, if any; and
``(ii) any other records and documents, not considered by
the Attorney General to be confidential, pertaining to the
alien's admission or presence in the United States.
``(e) Orders.--
``(1) Placement in further proceedings.--If an immigration
judge determines that the unaccompanied alien child has met
the burden of proof under subsection (d)(2), the judge shall
order the alien to be placed in further proceedings in
accordance with section 240.
``(2) Orders of removal.--If an immigration judge
determines that the unaccompanied alien child has not met the
burden of proof required under subsection (d)(2), the judge
shall order the alien removed from the United States without
further hearing or review unless the alien claims--
``(A) an intention to apply for asylum under section 208;
or
``(B) a substantiated fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a substantiated fear of
persecution, the officer shall order the alien referred for
an interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Defined term.--In this subsection, the term
`substantiated fear of persecution' means, after taking into
account the credibility of the statements made by the alien
in support of the alien's claim and such other facts as are
known to the officer, there is a significant possibility that
the alien could establish eligibility for asylum under
section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct interviews of aliens referred under subsection
(e)(3).
``(3) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
substantiated fear of persecution, the alien shall be held in
the custody of the Secretary for Health and Human Services
pursuant to section 235(b) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232(b)) during further consideration of the
application for asylum.
``(4) Removal without further review if no substantiated
fear of persecution.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an alien does not have a
substantiated fear of persecution, the officer shall order
the alien removed from the United States without further
hearing or review.
``(B) Record of determination.--The officer shall prepare a
written record of a determination under subparagraph (A),
which shall include--
``(i) a summary of the material facts as stated by the
applicant;
``(ii) such additional facts (if any) relied upon by the
officer;
``(iii) the officer's analysis of why, in light of such
facts, the alien has not established a substantiated fear of
persecution; and

[[Page 13874]]

``(iv) a copy of the officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a substantiated fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--

``(I) shall include an opportunity for the alien to be
heard and questioned by the immigration judge, either in
person or by telephonic or video connection; and
``(II) shall be conducted--

``(aa) as expeditiously as possible;
``(bb) within the 24-hour period beginning at the time the
asylum officer makes a determination under subparagraph (A),
to the maximum extent practicable; and
``(cc) in no case later than 7 days after such
determination.
``(D) Mandatory protective custody.--Any alien subject to
the procedures under this paragraph shall be held in the
custody of the Department of Homeland Security--
``(i) pending a final determination of substantiated fear
of persecution; and
``(ii) after a determination that the alien does not have
such a fear, until the alien is removed.
``(g) Limitation on Administrative Review.--
``(1) In general.--Except as provided in subsection
(f)(4)(C) and paragraph (2), a removal order entered in
accordance with subsection (e)(2) or (f)(4)(A) is not subject
to administrative appeal.
``(2) Rulemaking.--The Attorney General shall establish, by
regulation, a process for the prompt review of an order under
subsection (e)(2) against an alien who claims under oath, or
as permitted under penalty of perjury under section 1746 of
title 28, United States Code, after having been warned of the
penal ties for falsely making such claim under such
conditions to have been--
``(A) lawfully admitted for permanent residence;
``(B) admitted as a refugee under section 207; or
``(C) granted asylum under section 208.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 235A
the following:

``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.

SEC. _03. ASYLUM SEEKERS.

(a) Refugee Defined.--Section 101(a)(42) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(42)) is amended--
(1) in subparagraph (A), by striking ``because of
persecution or a well-founded fear of persecution on account
of'' and inserting ``the alien's life or freedom would be
threatened in that country because of the alien's''; and
(2) in subparagraph (B), by striking ``who is persecuted or
who has a well-founded fear of persecution on account of''
and inserting ``the person's life or freedom is threatened if
the person remains in that country because of the person's''.
(b) Mandatory Detention.--Section 208(d) of the Immigration
and Nationality Act (8 U.S.C. 1158(d)) is amended by adding
at the end the following:
``(8) Detention.--The Secretary of Homeland Security shall
detain any alien seeking asylum under this section until the
alien--
``(A) is removed from the United States in accordance
with--
``(i) an order of removal issued in accordance with section
235(b)(1); or
``(ii) a final order of removal issued at the conclusion of
special removal proceedings conducted pursuant to section
240; or
``(B) granted asylum under subsection (b).''.

SEC. _04. EXTENSION OF BAR TO REENTRY.

Section 212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)) is amended--
(1) in subparagraph (A)(i) by striking ``5 years'' and
inserting ``10 years''; and
(2) in subparagraph (B)(i)(I), by striking ``3 years'' and
inserting ``10 years''.

SEC. _05. REPORTING REQUIREMENT.

The Secretary of Homeland Security shall submit an annual
report to Congress that identifies, for the previous 12-month
period--
(1) the number of aliens unlawfully present in the United
States who were apprehended by, or placed in the physical
custody of, U.S. Border Patrol or U.S. Immigration and
Customs Enforcement;
(2) the number of aliens described in paragraph (1) who
were deported from the United States pursuant to a final
order of removal;
(3) the number of aliens described in paragraph (1) who
departed from the United States without an order of removal
(voluntary departures); and
(4) the number of aliens who were granted refugee status or
asylum.
______

SA 3737. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

On page 26, between lines 15 and 16, insert the following:

TITLE VI--VERIFICATION OF STATUS FOR REMITTANCE TRANSFERS

SEC. 601. SHORT TITLE.

This title may be cited as the ``Remittance Status
Verification Act of 2014''.

SEC. 602. STATUS VERIFICATION FOR REMITTANCE TRANSFERS.

Section 919 of the Electronic Fund Transfer Act (relating
to remittance transfers) (12 U.S.C. 1692o-1) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Status Verification of Sender.--
``(1) Request for proof of status.--
``(A) In general.--Each remittance transfer provider shall
request from each sender of a remittance transfer, the
recipient of which is located in any country other than the
United States, proof of the status of that sender under the
immigration laws, prior to the initiation of the remittance
transfer.
``(B) Acceptable documentation.--Acceptable documentation
of the status of the sender under this paragraph--
``(i) shall be, in any State that requires proof of legal
residence--

``(I) a State-issued driver's license or Federal passport;
or
``(II) the same documentation as required--

``(aa) by the State for proof of identity for the issuance
of a driver's license;
``(bb) by the Department of State for a citizen to obtain a
Federal passport; or
``(cc) for a citizen of a foreign country to enter the
United States and obtain the relevant and necessary visa
issued by the Department of State for any foreign citizen
who--
``(AA) is a nonimmigrant; or
``(BB) has entered the United States temporarily for
business (visa category B-1), tourism, pleasure, or visiting
(visa category B-2), or a combination of both purposes (B-1/
B-2);
``(ii) shall be, in any State that does not require proof
of legal residence, such documentation as the Bureau shall
require, by rule; and
``(iii) does not include any matricula consular card.
``(2) Fine for noncompliance.--Each remittance transfer
provider shall impose on any sender who is unable to provide
the proof of status requested under paragraph (1) at the time
of transfer, a fine equal to 7 percent of the United States
dollar amount to be transferred (excluding any fees or other
charges imposed by the remittance transfer provider).
``(3) Submission of fines to bureau.--All fines imposed and
collected by a remittance transfer provider under paragraph
(2) shall be submitted to the Bureau, in such form and in
such manner as the Bureau shall establish, by rule.
``(4) Administrative and enforcement costs.--The Bureau
shall use fines submitted under paragraph (3) to pay the
administrative and enforcement costs to the Bureau in
carrying out this subsection.
``(5) Use of fines for border protection.--Amounts from the
collection of fines under this subsection that remain
available after the payment of expenses described in
paragraph (4), shall be transferred by the Bureau to the
Treasury, to be used to pay expenses relating to United
States Customs and Border Protection for border security
fencing, infrastructure, and technology.
``(6) Definition relating to immigration status.--In this
subsection, the term `immigration laws' has the same meaning
as in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).''.

SEC. 603. STUDY AND REPORT REGARDING REMITTANCE TRANSFER
PROCESSING FINES AND IDENTIFICATION PROGRAM.

(a) Study.--The Comptroller General of the United States
shall conduct a study to determine the effects of the
enactment of section 919(g) of the Electronic Fund Transfer
Act, as amended by this Act.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives a report on the results of the study
conducted under paragraph (1) that includes--
(1) an analysis of the costs and benefits of complying with
section 919(g) of the Electronic Fund Transfer Act, as
amended by this Act; and
(2) recommendations about whether the fines imposed under
that section 919(g) should be extended or increased.
______

SA 3738. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

On page 15, after line 22, add the following:

[[Page 13875]]

CHAPTER 6--BORDER SECURITY ENHANCEMENTS

SEC. 1601. MEASURES USED TO EVALUATE BORDER SECURITY.

(a) Border Security Review.--
(1) In general.--The Secretary shall conduct an annual
comprehensive review of the following:
(A) The security conditions in each of the following 9
Border Patrol sectors along the Southwest border:
(i) The Rio Grande Valley Sector.
(ii) The Laredo Sector.
(iii) The Del Rio Sector.
(iv) The Big Bend Sector.
(v) The El Paso Sector.
(vi) The Tucson Sector.
(vii) The Yuma Sector.
(viii) The El Centro Sector.
(ix) The San Diego Sector.
(B) Update on the new and existing double layered fencing
built and in place, broken down on an annual basis since the
date of the enactment of the Secure Fence Act of 2006 (Public
Law 109-367), with the goal of completing the fence not later
than 5 years after the date of the enactment of this Act.
(C) Progress towards the completion of an effective exit
and entry program at all points of entry that tracks visa
holders.
(D) Progress towards the goal of a 95 percent apprehension
or turn back rate.
(E) A 100 percent incarceration until trial rate for newly
captured illegal entrants and overstays.
(F) Progress towards the goal ending of illegal
immigration, as measured by census data and the Department.
(2) Report.--Not later than July 1, 2015, and annually
thereafter, the Secretary shall submit a report to Congress
containing specific results of the review conducted under
paragraph (1).
(3) Rule of construction.--
(A) In general.--Except as provided in subparagraph (B),
nothing in paragraph (1) may be construed as prohibiting the
Secretary from proposing--
(i) alterations to boundaries of the Border Patrol sectors;
or
(ii) a different number of sectors to be operated on the
Southern border.
(B) Reporting.--The Secretary may not make any alteration
to the Border Patrol sectors in operation or the boundaries
of such sectors as of the date of the enactment of this Act
unless the Secretary submits, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives, a written notification and description of
the proposed change not later than 120 days before any such
change would take effect.
(b) Unqualified Opinion.--
(1) In general.--The Secretary shall submit a report to
Congress that contains--
(A) an unqualified opinion of whether each of the sectors
referred to in subsection (a)(1)(A) has achieved ``total
operational control'' of the border within its jurisdiction;
and
(B) the following criteria and goals of the Department:
(i) Transparent data relating to the success of border
security and immigration enforcement policies.
(ii) Improved accountability to the people of the United
States.
(iii) 100 percent surveillance capability on the border not
later than 2 years after the date of the enactment of this
Act.
(iv) An apprehension or turn back rate of more than 95
percent not later than 5 years after the date of the
enactment of this Act.
(v) Increasing annual targets for apprehensions, which
shall be adapted to the unique conditions of each Border
Patrol sector.
(vi) Uniformity in data collection and analysis for each
Border Patrol sector.
(vii) An update on the new and existing double layered
fencing built and in place, broken down on an annual basis
since the date of the enactment of the Secure Fence Act of
2006.
(2) Total operational control defined.--In this chapter,
the term ``total operational control'', with respect to a
border sector, occurs if--
(A) the fence construction requirements required under this
chapter have been completed;
(B) the infrastructure enhancements required under this
chapter have been completed and deployed;
(C) there has been verifiable increases in personnel
dedicated to patrols, inspections, and interdiction;
(D) U.S. Customs and Border Protection has achieved 100
percent surveillance capacity throughout the entire sector;
(E) U.S. Customs and Border Protection has achieved an
apprehension rate of at least 95 percent for all attempted
unauthorized crossings;
(F) uniform data collection standards have been adopted
across all sectors; and
(G) U.S. Customs and Border Protection is tracking the
exits of 100 percent of the visitors to the United States
visitors through land points of entry.
(3) Metrics described.--The Secretary shall use specific
metrics to assess the progress toward, and maintenance of,
total operational control of the border in each Border Patrol
sector, including--
(A) with respect to resources and infrastructure--
(i) a description of the infrastructure and resources
deployed on the Southwest border, including physical barriers
and fencing, surveillance cameras, motion and other ground
sensors, aerial platforms, and unmanned aerial vehicles;
(ii) an assessment of the Border Patrol's ability to
perform uninterrupted surveillance on the entirety of the
border within each sector;
(iii) an assessment of whether the Department of Homeland
Security has attained a 100 percent surveillance capability
for each sector; and
(iv) a specific analysis detailing the miles of fence
built, including double-layered fencing, pursuant to the
Secure Fence Act of 2006 (Public Law 109-367), as amended by
this chapter.
(B) with respect to illegal entries between ports--
(i) the number of attempted illegal entries, categorized
by--

(I) number of apprehensions;
(II) people turned back to country of origin (turn-backs);
and
(III) individuals who have escaped (got aways);

(ii) the number of apprehensions, including data on unique
apprehensions to capture individuals who attempted to enter
multiple times;
(iii) the apprehension rate as a percentage of total
attempted illegal entries;
(iv) an estimate of the number of successful illegal
entries, based on reliable supporting evidence;
(v) the prevalence of drug and contraband smuggling,
categorized by--

(I) the frequency of attempted crossings;
(II) successful evasions of law enforcement;
(III) the value of smuggled contraband;
(IV) successful discoveries and arrests; and
(V) arrest rate trends related to violent criminals
crossing the border;

(vi) physical evidence of crossings not otherwise tied to a
pursuit, including fence-cuttings; and
(vii) transparent data that reports if the numbers include
actual physical capture or turn-backs witnessed by border
control and a segregation of data that includes evidence of
individuals going back, including but not limited to
footprints, food and torn clothing;
(C) with respect to illegal entries at ports--
(i) the number of attempted illegal entries, categorized by
the number of apprehensions, turn-backs, and got aways;
(ii) the number of apprehensions, including data on unique
apprehensions to capture individuals who attempt to enter
multiple times;
(iii) the apprehension rate as a percentage of total
attempted illegal entries;
(iv) an estimate of the number of successful illegal
entries, based on reliable supporting evidence; and
(v) the prevalence of drug and contraband smuggling,
categorized by--

(I) the frequency of attempted entries;
(II) successful discovery methods;
(III) the use of falsified official travel documents;
(IV) evolving evasion tactics; and
(V) arrest rate trends related to persons apprehended
attempting to smuggle prohibited items;

(D) with respect to repeat offenders, data and analysis of
recidivism trends, including the prevalence of multiple
arrests and repeated attempts to enter illegally;
(E) with respect to smuggling--
(i) updated information on U.S. Customs and Border
Protection's Consequence Delivery System;
(ii) progress made in creating uniformity in the punishment
of unlawful border crossers relative to their crimes for the
purposes of deterring smuggling;
(iii) the percentage of unlawful immigrants and smugglers
who are subject to a uniform punishment; and
(iv) data breaking down the treatment of, and consequences
for, repeat offenders to determine the extent to which the
Consequence Delivery System serves as an effective deterrent;
(F) with respect to visa overstays, data for each year,
categorized by the type of visa issued to the alien;
(G) with respect to the unlawful presence of aliens--
(i) the total number of individuals present in the United
States, which will be correlated in future years with
normalization participants;
(ii) net migration into the United States, including legal
and illegal immigrants;
(iii) deportation data, categorized by country and the
nature of apprehension;
(iv) individuals who have obtained or who seek legal
status; and
(v) individuals without legal status who have died while in
the United States;
(H) the number of Department agents deployed to the border
each year, categorized by staffing assignment and security
function;
(I) progress made on the implementation of a full exit
tracking capabilities for land, sea, and air points of entry;
(J) progress towards the goal of 100 percent incarceration
until trial rate for newly captured illegal entrants and
overstays; and

[[Page 13876]]

(K) progress towards the goal ending of illegal
immigration, as measured by data collected by the United
States Census Bureau and the Department.

SEC. 1602. REPORTS ON BORDER SECURITY.

(a) Department of Homeland Security Report.--
(1) In general.--Not later than October 1, 2014, and
annually thereafter for 5 years, the Secretary shall submit a
report to Congress that contains a comprehensive review of
the security conditions in each of the Border Patrol sectors
along the Southwest border.
(2) Public hearings for report.--Congress shall hold public
hearings with the Secretary and other individuals responsible
for preparing the report submitted under paragraph (1) to
discuss the report and educate the United States public on
border security from the perspective of such officials.
Congress shall allow differing views on the conclusions of
the report to be expressed by outside groups and interested
parties for purposes of analyzing data through a transparent
and deliberative committee process.
(b) Inspector General's Report.--
(1) In general.--Not later than 30 days after the issuance
of each report under subsection (a), the Inspector General of
the Department shall submit a report to Congress that
provides an independent analysis of the report submitted
under subsection (a)(1) to analyze--
(A) the accuracy of the report; and
(B) the validity of the data used by the Department to
issue the report.
(2) Participation.--The Inspector General should
participate in any hearings relating to the assessment of the
border security report of the Department.
(c) Governors Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for 5
years, the Governor of each of the States along the Southern
border may submit an independent report to Congress that
provides the perspective of the Governor and other officials
of such State tasked to law enforcement on the security
conditions along that State's border with Mexico.
(2) Public hearings for state reports.--Congress shall hold
public hearings with the Governor and other officials from
each State that submits a report under paragraph (1) to
discuss the report and educate the United States public on
border security from the perspective of such officials.
(d) Public Disclosure of Reports.--Upon the receipt of a
report submitted under this section, the Senate and the House
of Representatives shall--
(1) provide copies of the report to the Chair and ranking
member of each standing committee with jurisdiction under the
rules of such House, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate; and
(2) make the report available to the public.

SEC. 1603. REQUIREMENT FOR PHYSICAL BORDER FENCE
CONSTRUCTION.

(a) Construction of Border Fencing.--Using funds made
available to the Secretary under this Act, and except as
provided under subsection (d), the Secretary shall construct
not fewer than 140 miles of double-layer fencing on the
Southern border during each 1-year period beginning on the
date of the enactment of this Act.
(b) Certification.--Except as provided in subsection (d),
not later than 1 year after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit a
written certification that construction of not fewer than 140
miles of double-layer fencing has been completed in the
preceding year to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.
(c) Determination of Miles of Fencing Constructed.--
(1) Included items.--In determining the number of fencing
miles constructed in the preceding year, the Secretary may
apply, toward the requirement under subsection (a), the
number of miles of--
(A) new double-layer fencing that have been completed; and
(B) a second fencing layer that has been added to an
existing, single-layered fence.
(2) Excluded items.--In determining the number of fencing
miles constructed in the preceding year, the Secretary may
not apply, toward the requirement in subsection (a)--
(A) vehicle barriers;
(B) ground sensors;
(C) motion detectors;
(D) radar-based surveillance;
(E) thermal imaging;
(F) aerial surveillance platforms;
(G) observation towers;
(H) motorized or nonmotorized ground patrols;
(I) existing single-layer fencing; or
(J) new construction of single-layer fencing.
(d) Sunset.--The Secretary shall no longer be required to
comply with the requirements under subsection (a) and (b) on
the earliest of--
(1) the date on which the Secretary submits the 5th
affirmative certification pursuant to subsection (b); or
(2) the date on which the Secretary certifies the
completion of not fewer than 700 miles of double-layer
fencing on the Southern border.
(e) Conforming Amendment.--Section 102(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note) is amended by striking subparagraph (D).

SEC. 1604. ONE HUNDRED PERCENT EXIT TRACKING FOR ALL UNITED
STATES VISITORS.

(a) Findings.--Congress makes the following findings:
(1) Consistent with the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, the United States will
continue its progress toward full biometric entry-exit
capture capability at land, air, and sea points of entry.
(2) No capability exits to fully track whether non-United
States persons in the United States on a temporary basis have
exited the country consistent with the terms of their visa,
whether by land, sea, or air.
(3) No program exists along the Southwest border to track
land exits from the United States into Mexico.
(4) Without the ability to capture the full cycle of a
visitor's trip to and from the United States, it is possible
for persons to remain in the United States unlawfully for
years without detection by U.S. Immigration and Customs
Enforcement.
(5) Because there is no exit tracking capability, there is
insufficient data for an official assessment of the number of
persons who have overstayed a visa and that remain in the
United States. Studies have estimated that as many as 40
percent of all persons in the United States without lawful
immigration status entered the country legally and did not
return to their country of origin or follow the terms of
their entry.
(6) Despite a legal mandate to track visitor exits, more
than a decade without any significant capability to do so
has--
(A) degraded the Federal Government's ability to enforce
immigration laws;
(B) placed a greater strain on law enforcement resources;
and
(C) undermined the legal immigration process in the United
States.
(b) Requirement for Outbound Travel Document Capture at
Land Points of Entry.--
(1) Outbound travel document capture at foot crossings.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
mandatory exit data system for all outbound lanes at each
land point of entry along the Southern border that is only
accessible to individuals on foot or by nonmotorized means.
(B) Data collection requirements.--The system established
under subparagraph (A) shall require the collection of data
from machine-readable visas, passports, and other travel and
entry documents for all categories of aliens who are exiting
the United States through an outbound lane described in
subparagraph (A).
(2) Outbound travel document capture at all other land
points of entry.--
(A) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall establish a
mandatory exit data system at all outbound lanes not subject
to paragraph (1) at each land point of entry along the
Southern border.
(B) Data collection requirements.--The system established
under subparagraph (A) shall require the collection of data
from machine-readable visas, passports, and other travel and
entry documents for all categories of aliens who are exiting
the United States through an outbound lane described in
subparagraph (A).
(3) Information required for collection.--While collecting
information under paragraphs (1) and (2), the Secretary shall
collect identity-theft resistant departure information from
the machine-readable visas, passports, and other travel and
entry documents.
(4) Recording of exits and correlation to entry data.--The
Secretary shall integrate the records collected under
paragraphs (1) and (2) into any database necessary to
correlate an alien's entry and exit data.
(5) Processing of records.--Before the departure of
outbound aliens at each point of entry, the Secretary shall
provide for cross-reference capability between databases
designated by the Secretary under paragraph (4) to determine
and record whether an outbound alien has been in the United
States without lawful immigration status.
(6) Records inclusion requirements.--The Secretary shall
maintain readily accessible entry-exit data records for
immigration and other law enforcement and improve immigration
control and enforcement by including information necessary to
determine whether an outbound alien without lawful presence
in the United States entered the country through--
(A) unauthorized entry between points of entry;
(B) visa or other temporary authorized status;

[[Page 13877]]

(C) fraudulent travel documents;
(D) misrepresentation of identity; or
(E) any other method of entry.
(7) Prohibition on collecting exit records for united
states citizens.--
(A) Prohibition.--While documenting the departure of
outbound individuals at each point of entry along the
Southern border, the Secretary may not--
(i) process travel documents of United States citizens;
(ii) log, store, or transfer exit data for United States
citizens;
(iii) create, maintain, operate, access, or support any
database containing information collected through outbound
processing at a point of entry under paragraph (1) or (2)
that contains records identifiable to an individual United
States citizen.
(B) Exception.--The prohibition set forth in subparagraph
(A) does not apply to the records of an individual if an
officer processing travel documentation in the outbound lanes
at a point of entry along the Southern border--
(i) has a strong suspicion that the individual has engaged
in criminal or other prohibited activities; or
(ii) needs to verify an individual's identity because the
individual is attempting to exit the United States without
approved travel documentation.
(C) Verification of travel documents.--Subject to the
prohibition set forth in subparagraph (A), the Secretary may
provide for the confirmation of a United States citizen's
approved travel documentation validity in the outbound lanes
at a point of entry along the Southern border.
(c) Infrastructure Improvements at Land Points of Entry.--
(1) Facilitation of land exit tracking.--The Secretary may
improve the infrastructure at, or adjacent to, land points of
entry, as necessary, to implement the requirements under
paragraphs (1) and (2) of subsection (b), by--
(A) expanding or reconfiguring outbound road or bridge
lanes within a point of entry;
(B) improving or reconfiguring public roads or other
transportation infrastructure leading into, or adjacent to,
the outbound lanes at a point of entry if--
(i) there has been a demonstrated negative impact on
transportation in the area adjacent to a point of entry as a
result of projects carried out under this section; or
(ii) the Secretary, in consultation with State, local, or
tribal officials responsible for transportation adjacent to a
point of entry, has submitted a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives that projects proposed under this section
will have a significant negative impact on transportation
adjacent to a point of entry without such transportation
infrastructure improvements; and
(iii) the total of funds obligated in any year to meet the
requirements of subsection (b)(1)(B) shall not exceed 25
percent of the total funds obligated to meet the requirements
under paragraphs (1) and (2) of subsection (b) in the same
year;
(C) where possible, construction of, expansion of, or
improvement of access to secondary inspection areas;
(D) physical structures to accommodate inspections and
processing travel documents described in subsection (b)(3)
for outbound aliens, including booths or kiosks at exit
lanes;
(E) transfer, installation, use, and maintenance of
computers, software or other network infrastructure to
facilitate capture and processing of travel documents
described in subsection (b)(3) for all outbound aliens; and
(F) performance of outbound inspections outside of
secondary inspection areas at a point of entry to detect
suspicious activity or contraband.
(2) Report on infrastructure requirements to carry out 100
percent land exit tracking.--Not later than 45 days after the
date of the enactment of this Act, the Secretary shall
submit, to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives, a report
that assesses the infrastructure needs for each point of
entry along the Southern border to fulfill the requirements
under subsection (b), including--
(A) a description of anticipated infrastructure needs
within each point of entry;
(B) a description of anticipated infrastructure needs
adjacent to each point of entry;
(C) an assessment of the availability of secondary
inspection areas at each point of entry;
(D) an assessment of space available at or adjacent to a
point of entry to perform processing of outbound aliens; and
(E) an assessment of the infrastructure demands relative to
the volume of outbound crossings for each point of entry.
(d) Procedures for Exit Processing and Inspection.--
(1) Individuals subject to outbound secondary inspection.--
Officers performing outbound inspection or processing travel
documents may send an outbound individual to a secondary
inspection area for further inspection and processing if the
individual is--
(A) determined or suspected to have been in the United
States without lawful status during processing under
subsection (b) or at another point during the exit process;
(B) found to be subject to an outstanding arrest warrant;
(C) suspected of engaging in prohibited activities at the
point of entry;
(D) traveling without approved travel documentation; or
(E) subject to any random outbound inspection procedures,
as determined by the Secretary.
(2) Limitations on outbound secondary inspections.--The
Secretary may not designate an outbound United States citizen
for secondary inspection or collect biometric information
from a United States citizen under outbound inspection
procedures unless criminal or other prohibited activity has
been detected or is strongly suspected.
(3) Outbound processing of persons in the united states
without lawful presence.--
(A) Process for recording unlawful presence.--If the
Secretary determines, at a point of entry along the Southern
border, that an outbound alien has been in the United States
without lawful presence, the Secretary shall--
(i) collect and record biometric data from the individual;
(ii) combine data related to the individual's unlawful
presence with any other information related to the individual
in the interoperable database, in accordance with paragraphs
(4) and (5) of subsection (b); and
(iii) except as provided in clause (ii), permit the
individual to exit the United States.
(B) Exception.--An individual shall not be permitted to
leave the United States if, during outbound inspection, the
Secretary detects previous unresolved criminal activity by
the individual.

SEC. 1605. RULE OF CONSTRUCTION.

Nothing in this chapter, or in the amendments made by this
chapter, may be construed as replacing or repealing the
requirements for biometric entry-exit capture required under
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208).
______

SA 3739. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

On page 15, after line 22, add the following:

SEC. 1503. ENSURING THAT REFUGEES, ASYLEES, AND OTHER ALIENS
ARE NOT DEPENDENT ON WELFARE.

(a) Ineligible Person Defined.--In this section, the term
``ineligible person'' means a noncitizen who--
(1) is in the custody of the Federal Government on the
basis of a violation of immigration law;
(2) is subject to a removal order; or
(3) is not otherwise eligible for permanent residency in
the United States under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(b) No Access to Welfare.--Notwithstanding any other
provision of law, an ineligible person is not eligible for
any of the following:
(1) Any assistance or benefits provided under a State
program funded under the temporary assistance for needy
families program under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).
(2) Any medical assistance provided under a State Medicaid
plan under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) or under a waiver of such plan, other than
emergency medical assistance provided under paragraphs (2)
and (3) of section 1903(v), and any child health assistance
provided under a State child health plan under title XXI of
the Social Security Act (42 U.S.C. 1397aa et seq.) or under a
waiver of such plan.
(3) Any benefits or assistance provided under the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(4) Supplemental security income benefits provided under
title XVI of the Social Security Act (42 U.S.C. 1381).
(5) Federal Pell Grants under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a).
(6) Housing vouchers under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
(7) Federal old-age, survivors, and disability insurance
benefits under title II of the Social Security Act (42 U.S.C.
401 et seq.).
(8) Health insurance benefits for the aged and disabled
under the medicare program established under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.).
(9) Assistance or benefits provided under the program of
block grants to States for social services under subtitle A
of title XX of the Social Security Act (42 U.S.C. 1397 et
seq.).
(c) No Welfare for Refugees or Asylees After 1 Year of Date
of Admission.--Notwithstanding any other provision of law, an
alien admitted to the United States as a refugee under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) or granted asylum under section 208 of such Act (8

[[Page 13878]]

U.S.C. 1158) shall not be eligible for any assistance or
benefits described in paragraphs (1) through (8) of
subsection (b), and shall not be allowed the earned income
tax credit under section 32 of the Internal Revenue Code of
1986, after the date that is 1 year after the date on which
the alien is so admitted or granted asylum.
(d) No Citizenship for Aliens Who Apply for and Receive
Welfare.--Any alien, refugee, asylee, nonimmigrant admitted
to the United States under a permanent or temporary visa, or
ineligible person who is prohibited under this section or any
other provision of law from applying for, or receiving,
assistance or benefits described in subsection (b) or from
claiming the earned income tax credit allowed under section
32 of the Internal Revenue Code of 1986, or any other credit
allowed under subpart C of part IV of subchapter A of chapter
1 of such Code, and who applies for and receives any such
assistance or benefits, or who claims and is allowed any such
credit, shall be permanently prohibited from becoming
naturalized as a citizen of the United States.
(e) Enforcement.--
(1) State defined.--In this subsection, the term ``State''
means each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
(2) Requirement.--Each State shall implement the
verification procedures listed in paragraph (5) to prevent
noncitizens from receiving the assistance or benefits
described in subsection (b) and from being allowed the earned
income tax credit under section 32 of the Internal Revenue
Code of 1986. To the extent that the State is not responsible
for the administration of such assistance, benefits, or tax
credit, the procedures implemented by the State shall be
designed to assist the head of the Federal agency responsible
for administering such assistance, benefits, or tax credit in
ensuring that noncitizens do not receive the assistance,
benefits, or tax credit.
(3) Penalty.--
(A) In general.--Notwithstanding any other provision of
law, with respect to a State, each head of the Federal agency
responsible for administering a Federal means-tested benefit
program listed in paragraph (4) shall reduce the annual
amount of federal financial payments that would otherwise be
made to the State under the program by 10 percent, beginning
with the payments for fiscal year 2015.
(B) The reduction under subparagraph (A) shall not apply
with respect to any fiscal year that begins after the date on
which the State certifies to the Secretary of the Homeland
Security that the State has complied with paragraph (2).
(4) Federal means-tested benefit programs.--The Federal
means-tested benefit programs listed in this paragraph are
the following:
(A) The temporary assistance for needy families program
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).
(B) The Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(C) The State children's health insurance program under
title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.).
(D) The supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.).
(E) The program of block grants to States for social
services under subtitle A of title XX of the Social Security
Act (42 U.S.C. 1397 et seq.).
(5) Verification procedures.--The verification procedures
listed in this paragraph are the following:
(A) Requiring proof of citizenship as a condition for
receipt of assistance or benefits under the Federal means-
tested benefit programs listed in paragraph (4).
(B) Verifying the proof of citizenship provided as a
condition for receipt of assistance or benefits under the
Federal means-tested benefit programs listed in paragraph
(4), including by using the Systematic Alien Verification for
Entitlements Program of U.S. Citizenship and Immigration
Services to confirm that an individual who has presented
proof of citizenship as a condition for receipt of assistance
or benefits under a Federal means-tested benefit program
listed in paragraph (4) is not an alien.
(C) Requiring officers and employees of State agencies that
administer a Federal means-tested benefit program listed in
paragraph (4) to report to the Secretary of Homeland Security
any suspicious or fraudulent identity information provided by
an individual applying for assistance or benefits.
(6) Miscellaneous provisions.--
(A) Nonapplicability of the privacy act.--Notwithstanding
any other provision of law, section 552a of title 5, United
States Code (commonly referred to as the ``Privacy Act'') may
not be construed as prohibiting an officer or employee of a
State from verifying a claim of citizenship for purposes of
eligibility for assistance or benefits under a Federal means-
tested benefit program listed in paragraph (4).
(B) Inclusion of certain persons in save.--Not later than
30 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall certify that the
Systematic Alien Verification for Entitlements Program of
U.S. Citizenship and Immigration Services has the ability to
establish verifiable ineligibility for any Federal means-
tested benefit program listed in paragraph (4) for any
ineligible person.
______

SA 3740. Mr. KIRK submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1247. EXTENSION OF ANNUAL REPORTS ON THE MILITARY POWER
OF IRAN.

Section 1245(d) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2544) is
amended by striking ``December 31, 2014'' and inserting
``December 31, 2016''.
______

SA 3741. Mr. KIRK (for himself, Mr. Manchin, Mr. Durbin, and Ms.
Warren) submitted an amendment intended to be proposed by him to the
bill S. 2410, to authorize appropriations for fiscal year 2015 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. OBSERVANCE OF VETERANS DAY.

(a) Two Minutes of Silence.--Chapter 1 of title 36, United
States Code, is amended by adding at the end the following
new section:

``Sec. 145. Veterans Day

``The President shall issue each year a proclamation
calling on the people of the United States to observe two
minutes of silence on Veterans Day in honor of the service
and sacrifice of veterans throughout the history of the
Nation, beginning at--
``(1) 3:11 p.m. Atlantic standard time;
``(2) 2:11 p.m. eastern standard time;
``(3) 1:11 p.m. central standard time;
``(4) 12:11 p.m. mountain standard time;
``(5) 11:11 a.m. Pacific standard time;
``(6) 10:11 a.m. Alaska standard time; and
``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
(b) Clerical Amendment.--The table of sections for chapter
1 of title 36, United States Code, is amended by adding at
the end the following new item:

``145. Veterans Day.''.
______

SA 3742. Mr. McCAIN (for himself and Mr. Flake) submitted an
amendment intended to be proposed by him to the bill S. 2648, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; which was ordered to lie on
the table; as follows:

On page 15, after line 22, add the following:

CHAPTER 6--PREVENTION OF ORGANIZED SMUGGLING

SEC. 1601. SHORT TITLE.

This chapter may be cited as the ``Children Returning on an
Expedited and Safe Timeline Act'' or the ``CREST Act''.

SEC. 1602. DEFINED TERM.

For purposes of this chapter, the term ``unaccompanied
alien child'' means an alien who--
(1) has no lawful immigration status in the United States;
(2) has not attained 18 years of age; and
(3) attempts to enter or has entered the United States
unaccompanied by a parent or legal guardian.

SEC. 1603. REDUCING THE NUMBER OF UNACCOMPANIED ALIEN
CHILDREN FROM EL SALVADOR, GUATEMALA, AND
HONDURAS.

(a) Restrictions on Foreign Aid to Certain Countries.--
(1) Initial certification.--Beginning on the date that is 6
months after the date of the enactment of this Act, the
Federal Government shall not provide any non-security
assistance to El Salvador, Guatemala, or Honduras until the
President certifies that the government of El Salvador, of
Guatemala, or of Honduras, respectively is--
(A) actively working to reduce the number of unaccompanied
alien children from such country who are attempting to
migrate northward in order to illegally enter the United
States; and
(B) cooperating with the Government of the United States to
facilitate the repatriation of unaccompanied alien children
who are removed from the United States and returned to their
country of origin.
(2) Subsequent certifications.--The restriction under
paragraph (1) shall take effect beginning on the date that is
1 year

[[Page 13879]]

after the President issued the latest certification in
accordance with paragraph (1) unless the President
recertifies that the governments referred to in paragraph (1)
are meeting the requirements set forth in subparagraphs (A)
and (B) of such paragraph.
(b) In-Country Refugee Processing.--
(1) In general.--Notwithstanding section 101(a)(42)(B) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)(B)), the Secretary of State, in consultation with
the Secretary of Homeland Security and the Director of the
Office of Refugee Resettlement of the Department of Health
and Human Services, shall carry out in-country processing of
refugee applications in El Salvador, Guatemala, and Honduras.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).

SEC. 1604. INCREASING THE NUMBER OF REFUGEE ADMISSIONS FROM
CERTAIN COUNTRIES.

(a) In General.--Notwithstanding any other provision of
law, the President, in determining the number of refugees who
may be admitted under section 207(a) of the Immigration and
Nationality Act (8 U.S.C. 1157(a)) for fiscal years 2014 and
2015, shall authorize the admission, in each such fiscal
year, of--
(1) up to 5,000 refugees from El Salvador;
(2) up to 5,000 refugees from Guatemala; and
(3) up to 5,000 refugees from Honduras.

SEC. 1605. PREVENTING ORGANIZED SMUGGLING.

``Sec. 556. Unlawfully hindering immigration, border, or
customs controls

``(a) Illicit Spotting.--Any person who knowingly transmits
to another person the location, movement, or activities of
any Federal, State, or tribal law enforcement agency with the
intent to further a Federal crime relating to United States
immigration, customs, controlled substances, agriculture,
monetary instruments, or other border controls shall be fined
under title 18, United States Code, imprisoned not more than
10 years, or both.
``(b) Destruction of United States Border Controls.--Any
person who knowingly and without lawful authorization
destroys, alters, or damages any fence, barrier, sensor,
camera, or other physical or electronic device deployed by
the Federal Government to control the border or a port of
entry, or otherwise seeks to construct, excavate, or make any
structure intended to defeat, circumvent or evade any such
fence, barrier, sensor camera, or other physical or
electronic device deployed by the Federal Government to
control the border or a port of entry--
``(1) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or, in furtherance of any such crime,
possesses a firearm, shall be fined under title 18, United
States Code, imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) shall be punished
in the same manner as a person who completes a violation of
such subsection.''.
(B) Clerical amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by inserting
after the item relating to section 555 the following:

``556. Unlawfully hindering immigration, border, or customs
controls.''.

(2) Penalty for carrying or use of a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of
title 18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place such term
appears; and
(ii) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Statute of limitations.--Section 3298 of title 18,
United States Code, is amended by striking ``or under'' and
inserting ``, under section 2 or subsection (a), (b), or (c)
of section 556, or under''.
(b) Organized Human Smuggling.--
(1) Amendment to title 18, united states code.--Chapter 77
of title 18, United States Code, is amended by adding at the
end the following:

``Sec. 1598. Organized human smuggling

``(a) Prohibited Activities.--It shall be unlawful for any
person, while acting for profit or other financial gain, to
knowingly direct or participate in an effort or scheme to
assist or cause 5 or more persons--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of entry
designated by the Secretary of Homeland Security; or
``(C) in a manner not prescribed by the immigration laws
and regulations of the United States;
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or attempt to
enter the United States without lawful authority; and
``(B) with the intent to aid or further such entry or
attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in unlawful
transit from 1 country to another or on the high seas; and
``(B) under circumstances in which the persons are seeking
to enter the United States without official permission or
legal authority.
``(b) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) shall be punished in the
same manner as a person who completes a violation of such
subsection.
``(c) Base Penalty.--Except as provided in subsection (d),
any person who violates subsection (a) or (b) shall be fined
under this title, imprisoned for not more than 20 years, or
both.
``(d) Enhanced Penalties.--Any person who violates
subsection (a) or (b)--
``(1) in the case of a violation during and in relation to
which a serious bodily injury (as defined in section 1365)
occurs to any person, shall be fined under this title,
imprisoned for not more than 30 years, or both;
``(2) in the case of a violation during and in relation to
which the life of any person is placed in jeopardy, shall be
fined under this title, imprisoned for not more than 30
years, or both;
``(3) in the case of a violation involving 10 or more
persons, shall be fined under this title, imprisoned for not
more than 30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a United States or foreign government official,
shall be fined under this title, imprisoned for not more than
30 years, or both;
``(5) in the case of a violation involving robbery or
extortion (as such terms are defined in paragraph (1) or (2),
respectively, of section 1951(b)), shall be fined under this
title, imprisoned for not more than 30 years, or both;
``(6) in the case of a violation during and in relation to
which any person is subjected to an involuntary sexual act
(as defined in section 2246(2)), shall be fined under this
title, imprisoned for not fewer than 5 years and not more
than 30 years, or both;
``(7) in the case of a violation resulting in the death of
any person, shall be fined under this title, imprisoned for
not fewer than 5 years and up to life, or both;
``(8) in the case of a violation in which any alien is
confined or restrained, including by the taking of clothing,
goods, or personal identification documents, shall be fined
under this title, imprisoned not fewer than 5 years and not
more than 10 years, or both; and
``(9) in the case of smuggling an unaccompanied alien child
(as defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2))), shall be fined under this
title or imprisoned not more than 20 years.
``(e) Definitions.--In this section:
``(1) Effort or scheme.--The term `effort or scheme to
assist or cause 5 or more persons' does not require that the
5 or more persons enter, attempt to enter, prepare to enter,
or travel at the same time if such acts are completed during
a 1-year period.
``(2) Lawful authority.--The term `lawful authority'--
``(A) means permission, authorization, or license that is
expressly provided for under the immigration laws of the
United States; and
``(B) does not include--
``(i) any authority described in subparagraph (A) that was
secured by fraud or otherwise unlawfully obtained; or
``(ii) any authority that was sought, but not approved.''.
(2) Clerical amendment.--The table of sections for chapter
77 of title 18, United States Code, is amended by inserting
after the item relating to section 1597 the following:

``1598. Organized human smuggling.''.

(c) Strategy To Combat Human Smuggling.--
(1) Defined term.--In this subsection, the term ``high
traffic areas of human smuggling'' means the United States
ports of entry and areas between such ports that have the
most human smuggling activity, as measured by U.S. Customs
and Border Protection.
(2) Implementation.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement a strategy to deter, detect, and
interdict human smuggling across the international land and
maritime borders of the United States.

[[Page 13880]]

(3) Components.--The strategy referred to in paragraph (2)
shall include--
(A) efforts to increase coordination between the border and
maritime security components of the Department of Homeland
Security;
(B) an identification of intelligence gaps impeding the
ability to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States;
(C) efforts to increase information sharing with State and
local governments and other Federal agencies;
(D) efforts to provide, in coordination with the Federal
Law Enforcement Training Center, training for the border and
maritime security components of the Department of Homeland
Security to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States; and
(E) the identification of the high traffic areas of human
smuggling along the international land and maritime borders
of the United States.
(4) Report.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report that describes the strategy to be
implemented under paragraph (2), including the components
listed in paragraph (3), to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of
Representatives.
(B) Form.--The Secretary may submit the report required
under subparagraph (A) in classified form if the Secretary
determines that such form is appropriate.
(5) Annual list of high traffic areas.--Not later than
February 1st of the first year beginning after the date of
the enactment of this Act and annually thereafter, the
Secretary of Homeland Security shall submit a list of the
high traffic areas of human smuggling referred to in
paragraph (3)(A) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.

SEC. 1606. EQUITABLE TREATMENT OF UNACCOMPANIED ALIEN
CHILDREN.

(a) In General.--Section 235(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)) is amended--
(1) by striking the paragraph heading and inserting ``Rules
for unaccompanied alien children'';
(2) in subparagraph (A), by striking ``who is a national or
habitual resident of a country that is contiguous with the
United States''; and
(3) in subparagraph (C)--
(A) by striking the subparagraph heading and inserting
``Agreements with foreign countries''; and
(B) by striking ``countries contiguous to the United
States'' and inserting ``Canada, El Salvador, Guatemala,
Honduras, Mexico, and any other foreign country that the
Secretary determines appropriate''.
(b) Applicability.--The amendments made by subsection (a)
shall apply to any unaccompanied alien child who was
apprehended on or after October 1, 2013.

SEC. 1607. EXPEDITED REMOVAL AUTHORITY FOR UNACCOMPANIED
ALIEN CHILDREN.

Section 235(a)(5)(D) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)(5)(D)) is amended--
(1) by striking the subparagraph heading and inserting
``Expedited removal for unaccompanied alien children'';
(2) in the matter preceding clause (i)--
(A) by inserting ``described in paragraph (2)(A) who is''
after ``Any unaccompanied alien child''; and
(B) by striking ``, except for an unaccompanied alien child
from a contiguous country subject to exceptions under
subsection (a)(2),''; and
(3) by striking clause (i) and inserting the following:
``(i) placed in a proceeding in accordance with section 235
of the Immigration and Nationality Act (8 U.S.C. 1225).''.

SEC. 1608. MANDATORY SAFE FEDERAL CUSTODY.

Section 235(c) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(2)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``shall be promptly
placed in the least restrictive setting that is in the best
interest of the child. In making such placements, the
Secretary may consider danger to self, danger to the
community, and risk of flight. Placement of child trafficking
victims may include placement in an Unaccompanied Refugee
Minor program pursuant to section 412(d) of the Immigration
and Nationality Act (8 U.S.C. 1522(d)), if a suitable family
member is not available to provide care.'' and inserting
``may not be placed in the custody of a nongovernmental
sponsor or otherwise released from the custody of the United
States Government until the child is repatriated or has been
adjudicated to be admissible or subject to an exception to
removal.'';
(B) by redesignating subparagraph (B) as subparagraph (D);
and
(C) by inserting after subparagraph (A) the following:
``(B) Exceptions.--
``(i) In general.--If the Secretary of Health and Human
Services determines that an unaccompanied alien child is a
victim of a severe form of trafficking in persons, a special
needs child with a disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), a
child who has been a victim of physical or sexual abuse under
circumstances that indicate that the child's health or
welfare has been significantly harmed or threatened, or a
child with mental health needs that require ongoing
assistance from a social welfare agency, the child may be
placed with a biological parent if--

``(I) the parent can prove that he or she is lawfully
residing in the United States;
``(II) the parent has submitted to a mandatory biometric
criminal history check; and
``(III) the Secretary completes a safety and suitability
study of the parent's household.

``(ii) Monitoring.--If an unaccompanied alien child
described in clause (i) is between 15 and 18 years of age and
the Secretary of Health and Human Services determines that
such child is not a danger to self, a danger to the
community, or a risk of flight, the child shall--

``(I) enroll in the alternative to detention program of
U.S. Immigration and Customs Enforcement; and
``(II) continuously wear an electronic ankle monitor while
his or her immigration case is pending.

``(iii) Effect of violation of conditions.--The Secretary
of Health and Human Services shall remove an unaccompanied
alien minor from a parent who has violated the terms of the
agreement specifying the conditions under which the
unaccompanied alien child was placed in his or her custody.
``(iv) Failure to appear.--

``(I) Civil penalty.--If an unaccompanied alien child is
placed with a parent and fails to appear in a mandatory court
appearance, the parent shall be subject to a civil penalty of
$250 per day, up to a maximum of $5,000.
``(II) Burden of proof.--The parent is not subject to the
penalty imposed under subclause (I) if the parent--

``(aa) proves to the immigration court that the failure to
appear by the unaccompanied alien child was not the fault of
the parent; and
``(bb) supplies the immigration court with documentary
evidence that supports such assertion.
``(v) Unaccompanied refugee minors program.--An
unaccompanied alien child described in clause (i) who is a
victim of a severe form of trafficking in persons may be
placed in the Unaccompanied Refugee Minors Program authorized
under section 412(d) of the Immigration and Nationality Act
(8 U.S.C. 1522(d)) if a parent is not available to provide
care for the child in accordance with this subparagraph.
``(C) Information sharing.--In verifying the legal presence
of parents under subparagraph (B)(i)(I), the Secretary of
Health and Human Services shall provide information on those
determined to be unlawfully present in the United States to
the Secretary of Homeland Security.''; and
(2) in paragraph (3)(B), by striking ``individual'' and
inserting ``parent''.

SEC. 1609. TRAINING.

The Secretary of Homeland Security shall ensure that U.S.
Border Patrol agents receive appropriate training in
immigration laws relating to screening, identifying, and
addressing vulnerable populations, such as children, victims
of crime and human trafficking, and individuals fleeing
persecution or torture.

SEC. 1610. EMERGENCY IMMIGRATION PERSONNEL; NATIONAL JUVENILE
DOCKET.

(a) Goal.--It shall be the goal of the Attorney General,
the Secretary of Homeland Security, and the Director of the
Executive Office for Immigration Review to use the amounts
appropriated pursuant to subsection (f) to bring a resolution
to immigration cases, from the issuance of a notice to appear
through the exhaustion of appeals, within 30 days.
(b) Emergency Immigration Judges.--
(1) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall
designate up to 100 temporary immigration judges, with
renewable 6-month terms, including through the hiring of
retired immigration judges, magistrate judges, administrative
law judges, or other qualified attorneys using the same
criteria as applied to the hiring of permanent immigration
judges.
(2) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to the
purpose described in paragraph (1).
(c) Immigration Litigation Attorneys.--The Secretary of
Homeland Security shall hire 150 new immigration litigation
attorneys in the Field Legal Operations of U.S. Immigration
and Customs Enforcement with particular focus on the Office
of Chief Counsel attorneys in the areas of need.
(d) Asylum Officers.--The Secretary of Homeland Security
shall hire 100 new asylum

[[Page 13881]]

officers to be placed in the Refugee, Asylum, and
International Operations Directorate of the U.S. Citizenship
and Immigration Services.
(e) Juvenile Docket.--
(1) In general.--Except as provided in paragraph (2), the
Director of the Executive Office for Immigration Review shall
establish a separate juvenile docket in every immigration
court in the United States to facilitate the processing of
immigration cases involving unaccompanied alien children.
(2) Exemption.--The Director may exempt an immigration
court from the requirement under paragraph (1) upon its
application for exemption based on its juvenile caseload. The
Director shall make a determination under this paragraph
after reviewing the court's latest 2 quarters of juvenile
cases. An exemption may be awarded if the Director determines
that a juvenile docket is not warranted.
(f) Authorization of Appropriations.--There is authorized
to be appropriated $100,000,000 to carry out this section.

SEC. 1611. REPORTING AND MONITORING REQUIREMENTS.

(a) Reports.--
(1) Initial report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Health and
Human Services shall submit a report to each State in which
unaccompanied children were discharged to parents or placed
in a facility while remaining in the legal custody of the
Secretary of Health and Human Services that provides the
number of children placed in the State since Oct. 1, 2013,
broken down by location and age.
(2) Monthly discharge reports.--The Secretary of Health and
Human Services shall submit a monthly report to each State in
which unaccompanied alien children, during the reporting
period--
(A) were discharged to their parents; or
(B) were placed in a facility while remaining in the legal
custody of the Department of Health and Human Services.
(3) Contents.--The reports required under paragraph (2)
shall identify the number of children placed in the State
during the reporting period, broken down by--
(A) location; and
(B) age.
(b) Monitoring Requirement.--The Secretary of Health and
Human Services shall--
(1) require all parents to agree--
(A) to notify and receive approval from the Department of
Health and Human Services prior to an unaccompanied alien
child placed in their custody changing addresses from that in
which he or she was originally placed; and
(B) to provide a current address for the child and the
reason for the change of address;
(2) provide regular and frequent monitoring of the physical
and emotional well-being of unaccompanied alien children who
have been discharged to a parent or remain in the legal
custody of the Secretary of Health and Human Services until
their respective immigration cases are resolved; and
(3) not later than 60 days after the date of the enactment
of this Act, provide to Congress a plan for implementing the
requirement set forth in paragraph (2).
(c) Notification to States.--The Secretary of Health and
Human Services shall notify each State in which potential
facilities are being reviewed to house unaccompanied alien
children who will remain in the custody of the Secretary of
Health and Human Services.
(d) Failure To Appear.--The Director of the Executive
Office for Immigration Review shall--
(1) track the number of unaccompanied alien children who
fail to appear at a removal hearing that they were required
to attend; and
(2) make the information described in paragraph (1)
available to the public on a quarterly basis.
______

SA 3743. Ms. AYOTTE (for herself and Mr. Blumenthal) submitted an
amendment intended to be proposed by her to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

Subtitle E--Never Contract With the Enemy

SEC. 1271. SHORT TITLE.

This Act may be cited as the ``Never Contract With the
Enemy Act''.

SEC. 1272. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY.

(a) Identification of Persons and Entities.--The Secretary
of Defense shall, in conjunction with the Director of
National Intelligence and in consultation with the Secretary
of State, establish in each covered combatant command a
program to identify persons and entities within the area of
responsibility of such command that--
(1) provide funds, including goods and services, received
under a contract, grant, or cooperative agreement of an
executive agency directly or indirectly to a covered person
or entity; or
(2) fail to exercise due diligence to ensure that none of
the funds, including goods and services, received under a
contract, grant, or cooperative agreement of an executive
agency are provided directly or indirectly to a covered
person or entity.
(b) Notice of Identified Persons and Entities.--
(1) Notice.--Upon the identification of a person or entity
as being described by subsection (a), the head of an
executive agency (or the designee of such head) or the
commander of a covered combatant command (or the specified
deputies of the commander) shall be notified, in writing, of
such identification of the person or entity.
(2) Responsive actions.--Upon receipt of a notice under
paragraph (1), the head of an executive agency (or the
designee of such head) or the commander of a covered
combatant command (or the specified deputies of the
commander) may notify the heads of contracting activities, or
other appropriate officials of the agency or command, in
writing of such identification.
(3) Making of notifications.--Any written notification
pursuant to this subsection shall be made in accordance with
procedures established to implement the revisions of
regulations required by this section.
(c) Authority to Terminate or Void Contracts, Grants, and
Cooperative Agreements and to Restrict Future Award.--Not
later than 270 days after the date of the enactment of this
Act, the Federal Acquisition Regulation, the Defense Federal
Acquisition Regulation Supplement, and the Uniform
Administrative Requirements, Cost Principles, and Account
Requirements for Federal Awards shall be revised to provide
that, upon notice from the head of an executive agency (or
the designee of such head) or the commander of a covered
combatant command (or the specified deputies of the
commander) pursuant to subsection (b), the head of
contracting activity of an executive agency, or other
appropriate official, may do the following:
(1) Restrict the award of contracts, grants, or cooperative
agreements of the executive agency concerned upon a written
determination by the head of contracting activity or other
appropriate official that the contract, grant, or cooperative
agreement would provide funds received under such contract,
grant, or cooperative agreement directly or indirectly to a
covered person or entity.
(2) Terminate for default any contract, grant, or
cooperative agreement of the executive agency concerned upon
a written determination by the head of contracting activity
or other appropriate official that the contractor, or the
recipient of the grant or cooperative agreement, has failed
to exercise due diligence to ensure that none of the funds
received under the contract, grant, or cooperative agreement
are provided directly or indirectly to a covered person or
entity.
(3) Void in whole or in part any contract, grant, or
cooperative agreement of the executive agency concerned upon
a written determination by the head of contracting activity
or other appropriate official that the contract, grant, or
cooperative agreement provides funds directly or indirectly
to a covered person or entity.
(d) Clause.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Federal Acquisition
Regulation, the Defense Federal Acquisition Regulation
Supplement, and the Uniform Administrative Requirements, Cost
Principles, and Account Requirements for Federal Awards shall
be revised to require that--
(A) the clause described in paragraph (2) shall be included
in each covered contract, grant, and cooperative agreement of
an executive agency that is awarded on or after the date that
is 270 days after the date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of an executive
agency that is awarded before the date of the enactment of
this Act shall be modified to include the clause described in
paragraph (2).
(2) Clause described.--The clause described in this
paragraph is a clause that--
(A) requires the contractor, or the recipient of the grant
or cooperative agreement, to exercise due diligence to ensure
that none of the funds, including goods and services,
received under the contract, grant, or cooperative agreement
are provided directly or indirectly to a covered person or
entity; and
(B) notifies the contractor, or the recipient of the grant
or cooperative agreement, of the authority of the head of the
contracting activity, or other appropriate official, to
terminate or void the contract, grant, or cooperative
agreement, in whole or in part, as provided in subsection
(c).
(3) Treatment as void.--For purposes of this section:
(A) A contract, grant, or cooperative agreement that is
void is unenforceable as contrary to public policy.
(B) A contract, grant, or cooperative agreement that is
void in part is unenforceable as contrary to public policy
with regard to a segregable task or effort under the
contract, grant, or cooperative agreement.

[[Page 13882]]

(4) Public comment.--The President shall ensure that the
process for amending regulations required by paragraph (1)
shall include an opportunity for public comment, including an
opportunity for comment on standards of due diligence
required by this Act.
(e) Requirements Following Contract Actions.--Not later
than 270 days after the date of the enactment of this Act,
the Federal Acquisition Regulation, the Defense Federal
Acquisition Regulation Supplement, and the Uniform
Administrative Requirements, Cost Principles, and Account
Requirements for Federal Awards shall be revised as follows:
(1) To require that any head of contracting activity, or
other appropriate official, taking an action under subsection
(c) to terminate, void, or restrict a contract, grant, or
cooperative agreement notify in writing the contractor or
recipient of the grant or cooperative agreement, as
applicable, of the action.
(2) To permit the contractor or recipient of a grant or
cooperative agreement subject to an action taken under
subsection (c) to terminate or void the contract, grant, or
cooperative agreement, as the case may be, an opportunity to
challenge the action by requesting an administrative review
of the action under the procedures of the executive agency
concerned not later than 30 days after receipt of notice of
the action.
(f) Annual Review; Protection of Classified Information.--
(1) Annual review.--The Secretary of Defense, in
conjunction with the Director of National Intelligence and in
consultation with the Secretary of State shall, on an annual
basis, review the lists of persons and entities previously
covered by a notice under subsection (b) as having been
identified as described by subsection (a) in order to
determine whether or not such persons and entities continue
to warrant identification as described by subsection (a). If
a determination is made pursuant to such a review that a
person or entity no longer warrants identification as
described by subsection (a), the Secretary of Defense shall
notify the head of an executive agency (or designee) or
commander (or deputy), as the case may be, in writing of such
determination.
(2) Protection of classified information.--Classified
information relied upon to make an identification in
accordance with subsection (a) may not be disclosed to a
contractor or a recipient of a grant or cooperative agreement
with respect to which an action is taken pursuant to the
authority provided in subsection (c), or to their
representatives, in the absence of a protective order issued
by a court of competent jurisdiction established under
Article I or Article III of the Constitution of the United
States that specifically addresses the conditions upon which
such classified information may be so disclosed.
(g) Delegation of Certain Responsibilities.--
(1) Combatant command responsibilities.--The commander of a
covered combatant command may delegate the responsibilities
in this section to any deputies of the commander specified by
the commander for purposes of this section. Any delegation of
responsibilities under this paragraph shall be made in
writing.
(2) Nondelegation of responsibility for certain actions.--
The authority provided by subsection (c) to terminate, void,
or restrict contracts, grants, and cooperative agreements, in
whole or in part, may not be delegated below the level of
head of contracting activity, or equivalent official for
purposes of grants or cooperative agreements.
(h) Additional Responsibilities of Executive Agencies.--
(1) Sharing of information on supporters of the enemy.--The
Secretary of Defense shall, in consultation with the Director
of the Office of Management and Budget, carry out a program
through which agency components may provide information to
heads of executive agencies (or the designees of such heads)
and the commanders of the covered combatant commands (or the
specified deputies of the commanders) relating to persons or
entities who may be providing funds, including goods and
services, received under contracts, grants, or cooperative
agreements of the executive agencies directly or indirectly
to a covered person or entity. The program shall be designed
to facilitate and encourage the sharing of risk and threat
information between executive agencies and the covered
combatant commands.
(2) Inclusion of information on contract actions in fapiis
and other systems.--Upon the termination, voiding, or
restriction of a contract, grant, or cooperative agreement of
an executive agency under subsection (c), the head of
contracting activity of the executive agency shall provide
for the inclusion in the Federal Awardee Performance and
Integrity Information System (FAPIIS), or other formal system
of records on contractors or entities, of appropriate
information on the termination, voiding, or restriction, as
the case may be, of the contract, grant, or cooperative
agreement.
(3) Reports.--The head of contracting activity that
receives a notice pursuant to subsection (b) shall submit to
the head of the executive agency (or designee) concerned or
the appropriate covered combatant command, as the case may
be, a report on the action, if any, taken by the head of
contracting activity pursuant to subsection (c), including a
determination not to terminate, void, or restrict the
contract, grant, or cooperative agreement as otherwise
authorized by subsection (c).
(i) Reports.--
(1) In general.--Not later than March 1 of 2016, 2017, and
2018, the Director of the Office of Management and Budget
shall submit to the appropriate committees of Congress a
report on the use of the authorities in this section in the
preceding calendar year, including the following:
(A) For each instance in which an executive agency
exercised the authority to terminate, void, or restrict a
contract, grant, and cooperative agreement pursuant to
subsection (c), based on a notification under subsection (b),
the following:
(i) The executive agency taking such action.
(ii) An explanation of the basis for the action taken.
(iii) The value of the contract, grant, or cooperative
agreement voided or terminated.
(iv) The value of all contracts, grants, or cooperative
agreements of the executive agency in force with the person
or entity concerned at the time the contract, grant, or
cooperative agreement was terminated or voided.
(B) For each instance in which an executive agency did not
exercise the authority to terminate, void, or restrict a
contract, grant, and cooperative agreement pursuant to
subsection (c), based on a notification under subsection (b),
the following:
(i) The executive agency concerned.
(ii) An explanation why the action was not taken.
(2) Form.--Any report under this subsection may, at the
election of the Director--
(A) be submitted in unclassified form, but with a
classified annex; or
(B) be submitted in classified form.
(j) National Security Exception.--Nothing in this section
shall apply to the authorized intelligence or law enforcement
activities of the United States Government.
(k) Construction With Other Authorities.--Except as
provided in subsection (l), the authorities in this section
shall be in addition to, and not to the exclusion of, any
other authorities available to executive agencies to
implement policies and purposes similar to those set forth in
this section.
(l) Coordination With Current Authorities.--
(1) Repeal of superseded authority related to centcom.--
Effective 270 days after the date of the enactment of this
Act, section 841 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1513; 10
U.S.C. 2313 note) is repealed.
(2) Repeal of superseded authority related to department of
defense.--Effective 270 days after the date of the enactment
of this Act, section 831 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 810; 10 U.S.C. 2302 note) is repealed.
(3) Use of superseded authorities in discharge of
requirements.--In providing for the discharge of the
requirements of this section by the Department of Defense,
the Secretary of Defense may use and modify for that purpose
the regulations and procedures established for purposes of
the discharge of the requirements of section 841 of the
National Defense Authorization Act for Fiscal Year 2012 and
section 831 of the National Defense Authorization Act for
Fiscal Year 2014.
(m) Sunset.--The provisions of this section shall cease to
be effective on December 31, 2019.

SEC. 1273. ADDITIONAL ACCESS TO RECORDS.

(a) Contracts, Grants, and Cooperative Agreements.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, applicable regulations shall be
revised to provide that, except as provided under subsection
(c)(1), the clause described in paragraph (2) may, as
appropriate, be included in each covered contract, grant, and
cooperative agreement of an executive agency that is awarded
on or after the date of the enactment of this Act.
(2) Clause.--The clause described in this paragraph is a
clause authorizing the head of the executive agency
concerned, upon a written determination pursuant to paragraph
(3), to examine any records of the contractor, the recipient
of a grant or cooperative agreement, or any subcontractor or
subgrantee under such contract, grant, or cooperative
agreement to the extent necessary to ensure that funds,
including goods and services, available under the contract,
grant, or cooperative agreement are not provided directly or
indirectly to a covered person or entity.
(3) Written determination.--The authority to examine
records pursuant to the contract clause described in
paragraph (2) may be exercised only upon a written
determination by the contracting officer or comparable
official responsible for a grant or cooperative agreement,
upon a finding by the commander of a covered combatant
command (or the specified deputies of the commander) or the
head of an executive agency (or the designee of such head)
that there is reason to believe that funds, including goods
and services, available under the contract, grant, or
cooperative agreement concerned

[[Page 13883]]

may have been provided directly or indirectly to a covered
person or entity.
(4) Flowdown.--A clause described in paragraph (2) may also
be included in any subcontract or subgrant under a covered
contract, grant, or cooperative agreement if the subcontract
or subgrant has an estimated value in excess of $50,000.
(b) Reports.--
(1) In general.--Not later than March 1 of 2016, 2017, and
2018, the Director of the Office of Management and Budget
shall submit to the appropriate committees of Congress a
report on the use of the authority provided by this section
in the preceding calendar year.
(2) Elements.--Each report under this subsection shall
identify, for the calendar year covered by such report, each
instance in which an executive agency exercised the authority
provided under this section to examine records, explain the
basis for the action taken, and summarize the results of any
examination of records so undertaken.
(3) Form.--Any report under this subsection may be
submitted in classified form.
(c) Relationship to Existing Authorities Applicable to
CENTCOM.--
(1) Applicability.--This section shall not apply to
contracts, grants, or cooperative agreements covered under
section 842 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1510; 10
U.S.C. 2302 note).
(2) Extension of current authorities applicable to
centcom.--Section 842 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1510;
10 U.S.C. 2302 note) is amended by striking ``date of the
enactment of this Act'' and inserting ``date of the enactment
of the Carl Levin National Defense Authorization Act for
Fiscal Year 2015''.

SEC. 1274. DEFINITIONS.

In this subtitle:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Oversight and Government Reform, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
(3) Contract.--The term ``contract'' includes a contract
for commercial items but is not limited to a contract for
commercial items.
(4) Covered combatant command.--The term ``covered
combatant command'' means the following:
(A) The United States Africa Command.
(B) The United States Central Command.
(C) The United States European Command.
(D) The United States Pacific Command.
(E) The United States Southern Command.
(5) Covered contract, grant, or cooperative agreement
defined.--The term ``covered contract, grant, or cooperative
agreement'' means a contract, grant, or cooperative agreement
with an estimated value in excess of $50,000 that is
performed outside the United States, including its
possessions and territories, in support of a contingency
operation.
(6) Covered person or entity.--The term ``covered person or
entity'' means a person or entity that is actively opposing
United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are actively
engaged in hostilities.
(7) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41,
United States Code.
(8) Head of contracting activity.--The term ``head of
contracting activity'' has the meaning given that term in
subpart 601 of part 1 of the Federal Acquisition Regulation.
______

SA 3744. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 544 and insert the following:

SEC. 544. ACCESS TO SPECIAL VICTIMS' COUNSEL.

(a) In General.--Subsection (a) of section 1044e of title
10, United States Code, is amended to read as follows:
``(a) Designation; Purposes.--(1) The Secretary concerned
shall designate legal counsel (to be known as `Special
Victims' Counsel') for the purpose of providing legal
assistance to an individual described in paragraph (2) who is
the victim of an alleged sex-related offense, regardless of
whether the report of that offense is restricted or
unrestricted.
``(2) An individual described in this paragraph is any of
the following:
``(A) An individual eligible for military legal assistance
under section 1044 of this title.
``(B) An individual who is--
``(i) not covered under subparagraph (A);
``(ii) a member of a reserve component of the armed forces;
and
``(iii) a victim of an alleged sex-related offense as
described in paragraph (1)--
``(I) during a period in which the individual served on
active duty, full-time National Guard duty, or inactive-duty
training; or
``(II) during any period, regardless of the duty status of
the individual, if the circumstances of the alleged sex-
related offense have a nexus to the military service of the
victim, as determined under regulations prescribed by the
Secretary of Defense.''.
(b) Conforming Amendment.--Subsection (f) of such section
is amended by striking ``eligible for military legal
assistance under section 1044 of this title'' each place it
appears and inserting ``described in subsection (a)(2)''.
______

SA 3745. Mr. DONNELLY submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XXVIII, add the
following:

SEC. 2813. INDEMNIFICATION OF TRANSFEREES OF PROPERTY AT
MILITARY INSTALLATIONS CLOSED SINCE OCTOBER 24,
1988, THAT REMAIN UNDER THE JURISDICTION OF THE
DEPARTMENT OF DEFENSE.

Section 330(a) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687
note) is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (3)'' and inserting ``paragraph
(4)''; and
(B) by striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) in paragraph (4), as redesignated, by striking
``paragraph (2) contributed to any such release or threatened
release, paragraph (1)'' and inserting ``paragraph (3)
contributed to any such release or threatened release,
paragraph (1) or (2)''; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The responsibility of the Secretary of Defense to
hold harmless, defend, and indemnify in full certain persons
and entities described in paragraph (3) also applies with
respect to any military installation (or portion thereof)
that--
``(A) was closed during the period beginning on October 24,
1988, and ending on the date of the enactment of this
paragraph, other than pursuant to a base closure law; and
``(B) remains under the jurisdiction of the Department of
Defense as of the date of the enactment of this paragraph.''.
______

SA 3746. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1069. REPORT ON GENDER INTEGRATION IN THE PLANNING AND
EXECUTION OF MILITARY OPERATIONS OF THE ARMED
FORCES ABROAD.

(a) Study on Gender Integration.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall conduct a study on the integration of gender
considerations into the planning and execution at all levels
of military operations of the Armed Forces abroad.
(2) Elements.--In conducting the study under this
subsection, the Chairman of the Joint Chiefs of Staff shall--
(A) determine whether existing Department of Defense
campaign, security cooperation, and contingency plans for
operations abroad adequately address security and operational
challenges related to gender;
(B) identify means of improving the integration of gender
considerations into future Department of Defense planning for
campaign, security cooperation, and contingencies for
operations abroad;
(C) identify the elements of defense doctrine, if any, that
should be revised to reflect lessons learned regarding women
and gender as a result of experiences engaging with female
populations in Iraq, Afghanistan, and other operations
abroad;

[[Page 13884]]

(D) evaluate the need for a gender advisor training program
for the Armed Forces, including the length of training,
proposed curriculum, and location of training for such a
program;
(E) determine the extent to which personnel qualified to
advise on women and gender are available within the
Department of Defense, and assess the development of a billet
description for gender advisors;
(F) determine how to best educate military command
leadership on the integration of attention to women and
gender in military operations across all lines of effort; and
(G) evaluate where to assign gender advisors in strategic,
operational, and tactical commands, including, in particular
in assignment to field operations and the planning staffs of
the combatant commands.
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall submit to the congressional defense committees
a report setting forth the results of the study conducted
under subsection (a).
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
______

SA 3747. Mr. CORNYN (for himself, Mr. Grassley, Mr. McConnell, Mr.
Flake, Mr. Coats, Mr. Isakson, Mr. Alexander, Mr. Chambliss, Mr.
Barrasso, and Mr. Cochran) submitted an amendment intended to be
proposed by him to the bill S. 2648, making emergency supplemental
appropriations for the fiscal year ending September 30, 2014, and for
other purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2014, and for other purposes, namely:

DIVISION A--SUPPLEMENTAL APPROPRIATIONS

TITLE I

DEPARTMENTS OF COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

Department of Justice

general administration

administrative review and appeals

legal activities

salaries and expenses, general legal activities

TITLE II

DEPARTMENT OF HOMELAND SECURITY

U. S. Customs and Border Protection

salaries and expenses

For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, including the
acquisition, construction, improvement, repair, and
management of facilities, and for necessary expenses related
to border security, $71,000,000, to remain available until
September 30, 2015.

U. S. Immigration and Customs Enforcement

salaries and expenses

For an additional amount for ``Salaries and Expenses'' to
cover necessary expenses to respond to the significant rise
in unaccompanied alien children and adults with children at
the Southwest border and related activities, and for the
necessary expenses for enforcement of immigration and customs
law, detention and removals of adults with children crossing
the border unlawfully, and investigations, $398,000,000, to
remain available until September 30, 2015, of which,
$50,000,000 shall be expended for 50 additional fugitive
operations teams and not less than $14,000,000 shall be
expended for vetted units operations in Central America and
human smuggling and trafficking investigations: Provided,
That the Secretary of Homeland Security shall support no
fewer than an additional 3,000 family and 800 other beds and
substantially increase the availability and utilization of
detention space for adults with children.

general provisions

TITLE III

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES

Department of Health and Human Services

administration for children and families

refugee and entrant assistance

(including transfer of funds)

general provisions

(rescission)

Sec. 301. Of the funds made available for performance
bonus payments under section 2105(a)(3)(E) of the Social
Security Act (42 U.S.C. 1397ee(a)(3)(E)), $1,700,000,000 is
rescinded.

TITLE IV

GENERAL PROVISIONS--THIS TITLE

Repatriation and Reintegration

Sec. 401. (a) Of the funds appropriated in titles III and
IV of division K of Public Law 113-76, and in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, for assistance for the
countries in Central America, up to $40,000,000 shall be made
available for such countries for repatriation and
reintegration activities: Provided, That funds made available
pursuant to this section may be obligated notwithstanding
subsections (c) and (e) of section 7045 of division K of
Public Law 113-76.
(b) Prior to the initial obligation of funds made available
pursuant to this section, but not later than 15 days after
the date of enactment of this Act, and every 90 days
thereafter until September 30, 2015, the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a report on the
obligation of funds made available pursuant to this section
by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including
increasing penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the

[[Page 13885]]

Southwest Border of the United States and to emphasize the
lack of immigration benefits available; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) The Secretary of State shall suspend assistance
provided pursuant to this section to the government of a
country if such government is not making significant progress
on each item described in paragraphs (1) through (5) of
subsection (b): Provided, That assistance may only be resumed
if the Secretary reports to the appropriate congressional
committees that subsequent to the suspension of assistance
such government is making significant progress on each of the
items enumerated in such subsection.
(d) Funds made available pursuant to this section shall be
subject to the regular notification procedures of the
Committee on Appropriations of the Senate and the Committee
on Appropriations of House of Representatives and the Senate.

TITLE V

general provisions -- this act

DIVISION B--UNACCOMPANIED ALIEN CHILDREN AND BORDER SECURITY

TITLE X--UNACCOMPANIED ALIEN CHILDREN

Subtitle A--Protection and Due Process for Unaccompanied Alien Children

SEC. 1001. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

Section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as follows:
``Rules for unaccompanied alien children.--'';
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``who is a national or habitual resident of
a country that is contiguous with the United States''; and
(C) in subparagraph (C)--
(i) by amending the subparagraph heading to read as
follows: ``Agreements with foreign countries.--''; and
(ii) in the matter preceding clause (i), by striking
``countries contiguous to the United States'' and inserting
``Canada, El Salvador, Guatemala, Honduras, Mexico, and any
other foreign country that the Secretary determines
appropriate'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively;
(3) inserting after paragraph (2) the following:
``(3) Mandatory expedited removal of criminals and gang
members.--Notwithstanding any other provision of law, the
Secretary of Homeland Security shall place an unaccompanied
alien child in a proceeding in accordance with section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225a) if, the
Secretary determines or has reason to believe the alien--
``(A) has been convicted of any offense carrying a maximum
term of imprisonment of more than 180 days;
``(B) has been convicted of an offense which involved--
``(i) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
``(ii) child abuse and neglect (as defined in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(iii) assault resulting in bodily injury (as defined in
section 2266 of title 18, United States Code);

[[Page 13886]]

``(iv) the violation of a protection order (as defined in
section 2266 of title 18, United States Code);
``(v) driving while intoxicated (as defined in section 164
of title 23, United States Code); or
``(vi) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));
``(C) has been convicted of more than 1 criminal offense
(other than minor traffic offenses);
``(D) has engaged in, is engaged in, or is likely to engage
after entry in any terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has
participated in the activities of a foreign terrorist
organization (as designated under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189));
``(E) is or was a member of a criminal gang (as defined in
paragraph (53) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(F) provided materially false, fictitious, or fraudulent
information regarding age or identity to the United States
Government with the intent to wrongfully be classified as an
unaccompanied alien child; or
``(G) has entered the United States more than 1 time in
violation of section 275(a) of the Immigration and
Nationality Act (8 U.S.C. 1325(a)), knowing that the entry
was unlawful.''; and
(4) in subparagraph (D) of paragraph (6), as redesignated
by paragraph (2)--
(A) by amending the subparagraph heading to read as
follows: ``Expedited due process and screening for
unaccompanied alien children.--'';
(B) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to the exceptions under subsection (a)(2),
shall be--'' and inserting ``who meets the criteria listed in
paragraph (2)(A)--'';
(C) by striking clause (i) and inserting the following:
``(i) shall be placed in a proceeding in accordance with
section 235B of the Immigration and Nationality Act, which
shall commence not later than 7 days after the screening of
an unaccompanied alien child described in paragraph (4);'';
(D) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(E) by inserting after clause (i) the following:
``(ii) may not be placed in the custody of a
nongovernmental sponsor or otherwise released from the
immediate custody of the United States Government until the
child is repatriated unless the child--

``(I) is the subject of an order under section 235B(e)(1)
of the Immigration and Nationality Act; and
``(II) is placed or released in accordance with subsection
(c)(2)(C) of this section.'';

(F) in clause (iii), as redesignated, by inserting ``is''
before ``eligible''; and
(G) in clause (iv), as redesignated, by inserting ``shall
be'' before ``provided''.

SEC. 1002. EXPEDITED DUE PROCESS AND SCREENING FOR
UNACCOMPANIED ALIEN CHILDREN.

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING
FOR UNACCOMPANIED ALIEN CHILDREN.

[[Page 13887]]

``(B) a fear of persecution.
``(3) Claims for asylum.--If an unaccompanied alien child
described in paragraph (2) claims an intention to apply for
asylum under section 208 or a fear of persecution, the
immigration judge shall order the alien referred for an
interview by an asylum officer under subsection (f).
``(f) Asylum Interviews.--
``(1) Credible fear of persecution defined.--In this
subsection, the term `credible fear of persecution' means,
after taking into account the credibility of the statements
made by an unaccompanied alien child in support of the
alien's claim and such other facts as are known to the asylum
officer, there is a significant possibility that the alien
could establish eligibility for asylum under section 208.
``(2) Conduct by asylum officer.--An asylum officer shall
conduct the interviews of an unaccompanied alien child
referred under subsection (e)(3).
``(3) Referral of certain aliens.--If the asylum officer
determines at the time of the interview that an unaccompanied
alien child has a credible fear of persecution, the alien
shall be held in the custody of the Secretary for Health and
Human Services pursuant to section 235(b) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(b)) during further consideration
of the application for asylum.
``(4) Removal without further review if no credible fear of
persecution.--
``(A) In general.--Subject to subparagraph (C), if the
asylum officer determines that an unaccompanied alien child
does not have a credible fear of persecution, the asylum
officer shall order the alien removed from the United States
without further hearing or review.
``(B) Record of determination.--The asylum officer shall
prepare a written record of a determination under
subparagraph (A), which shall include--
``(i) a summary of the material facts as stated by the
alien;
``(ii) such additional facts (if any) relied upon by the
asylum officer;
``(iii) the asylum officer's analysis of why, in light of
such facts, the alien has not established a credible fear of
persecution; and
``(iv) a copy of the asylum officer's interview notes.
``(C) Review of determination.--
``(i) Rulemaking.--The Attorney General shall establish, by
regulation, a process by which an immigration judge will
conduct a prompt review, upon the alien's request, of a
determination under subparagraph (A) that the alien does not
have a credible fear of persecution.
``(ii) Mandatory components.--The review described in
clause (i)--

``Sec. 235B. Humane and expedited inspection and screening for
unaccompanied alien children.''.

(b) Judicial Review of Orders of Removal.--Section 242 of
the Immigration and Nationality Act (8 U.S.C. 1252) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 235(b)(1))''
and inserting ``section 235(b)(1) or an order of removal
issued to an unaccompanied alien child after proceedings
under section 235B''; and
(B) in paragraph (2)--
(i) by inserting ``or section 235B'' after ``section
235(b)(1)'' each place it appears; and
(ii) in subparagraph (A)--

SEC. 1003. EXPEDITED DUE PROCESS FOR UNACCOMPANIED ALIEN
CHILDREN PRESENT IN THE UNITED STATES.

SEC. 1004. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION
SHARING.

[[Page 13888]]

who is or has been in the custody of the Secretary of Health
and Human Services, including the location of the child and
any person to whom custody of the child has been transferred,
for any legitimate law enforcement objective, including
enforcement of the immigration laws.''.

SEC. 1005. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

SEC. 1006. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL
REMOVAL PROCEEDING.

SEC. 1007. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY
OF UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1041. Fraud in connection with the transfer of custody
of unaccompanied alien children

``1041. Fraud in connection with the transfer of custody of
unaccompanied alien children.''.

SEC. 1008. NOTIFICATION OF STATES, REPORTING, AND MONITORING.

(a) Notification.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Notification to States.--
``(1) Prior to placement.--The Secretary of Homeland
Security or the Secretary of Health and Human Services shall
notify the Governor of a State not later than 48 hours prior
to the placement of an unaccompanied alien child from in
custody of such Secretary in the care of a facility or
sponsor in such State.
``(2) Initial reports.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall submit a report to the Governor of
each State in which an unaccompanied alien child was
discharged to a sponsor or placed in a facility while
remaining in the legal custody of the Secretary during the
period beginning October 1, 2013 and ending on the date of
the enactment of the Protecting Children and America's
Homeland Act of 2014.
``(3) Monthly reports.--The Secretary of Health and Human
Services shall submit a monthly report to the Governor of
each State in which, during the reporting period,
unaccompanied alien children were discharged to a sponsor or
placed in a facility while remaining in the legal custody of
the Secretary of Health and Human Services.
``(4) Contents.--Each report required to be submitted to
the Governor of a State by paragraph (2) or (3) shall
identify the number of unaccompanied alien children placed in
the State during the reporting period, disaggregated by--
``(A) the locality in which the aliens were placed; and
``(B) the age of the aliens.''.
(b) Monitoring Requirement.--The Secretary of Health and
Human Services shall--
(1) require all sponsors to agree--
(A) to receive approval from the Secretary of Health and
Human Services prior to changing the location in which the
sponsor is housing an unaccompanied alien child placed in the
sponsor's custody; and

[[Page 13889]]

(B) to provide a current address for the child and the
reason for the change of address;
(2) provide regular and frequent monitoring of the physical
and emotional well-being of each unaccompanied alien child
who has been discharged to a sponsor or remained in the legal
custody of the Secretary until the child's immigration case
is resolved; and
(3) not later than 60 days after the date of the enactment
of this Act, provide to Congress a plan for implementing the
requirement of paragraph (2).

SEC. 1009. EMERGENCY IMMIGRATION JUDGE RESOURCES.

SEC. 1010. REPORTS TO CONGRESS.

Subtitle B--Cooperation With Countries of Nationality of Unaccompanied
Alien Children

SEC. 1021. IN-COUNTRY REFUGEE PROCESSING.

(a) Findings.--Congress makes the following findings:
(1) Consistent with section 101(a)(42)(B) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(B)) and
section 207(e) of such Act (8 U.S.C. 1157(e)), special
circumstances currently exist due to grave humanitarian
concerns throughout the travel, and attempts to travel, to
the United States by unaccompanied children sufficient to
justify and require, for fiscal years 2014 and 2015, the
allowance of processing of in-country refugee applications in
El Salvador, Guatemala, and Honduras in order to prevent such
children from undertaking the long and dangerous journey
across Central America and Mexico.
(2) Grave humanitarian concerns exist due to--
(A) at least 60,000 unaccompanied children having
undertaken the long and dangerous journey to the United
States from Central America in fiscal year 2014 alone;
(B) substantial reports of unaccompanied children becoming,
during the course of their journey intended for the United
States, victims of--
(i) significant injury, including loss of limbs;
(ii) severe forms of violence;
(iii) death due to accident and intentional killing;
(iv) severe forms of human trafficking;
(v) kidnap for ransom; and
(vi) sexual assault and rape; and
(C) the likelihood that the vast majority of the
unaccompanied children seeking admission or immigration
relief, including through application as a refugee or claims
of asylum, do not qualify for such admission or relief, and
therefore will be repatriated.
(3) While special circumstances currently exist to justify
in-country refugee application processing for El Salvador,
Guatemala, and Honduras, it is appropriate to determine the
admissibility of individuals applying for refugee status from
those countries according to current law and granting
administrative relief in instances in which refugee or asylum
applications are denied, or are expected to be denied, would
exacerbate the grave humanitarian concerns described in
paragraph (2) by further encouraging attempts at migration.
(b) Authority for In-country Refugee Processing.--
Notwithstanding section 101(a)(42)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)(B)), for fiscal years
2014 and 2015, the Secretary of State, in consultation with
the Secretary of Homeland Security and the Director of the
Office of Refugee Resettlement of the Department of Health
and Human Services, shall process an application for refugee
status--
(1) for an alien who is a national of El Salvador,
Guatemala, or Honduras and is located in such country; or
(2) in the case of an alien having no nationality, for an
alien who is habitually residing

[[Page 13890]]

in such country and is located in such country.
(c) Rule of Construction.--Nothing in this section may be
construed as a grant of immigration benefit or relief, nor as
a change to existing law regarding the eligibility for any
individual for such benefit or relief, other than to the
extent refugee applications shall be permitted in-country in
accordance with this section.

SEC. 1022. REFUGEE ADMISSIONS FROM CERTAIN COUNTRIES.

SEC. 1023. FOREIGN GOVERNMENT COOPERATION IN REPATRIATION OF
UNACCOMPANIED ALIEN CHILDREN.

TITLE XI--CRIMINAL ALIENS

SEC. 1101. ALIEN GANG MEMBERS.

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

``220. Designation of criminal gangs.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
(A) by striking ``section 212(a)(3)(B)'' and inserting
``paragraph (2)(J) or (3)(B) of section 212(a)''; and
(B) by striking ``237(a)(4)(B),'' and inserting ``paragraph
(2)(G) or (4)(B) of section 237(a),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this
Act), the Secretary of Homeland Security, after consultation
with the appropriate Federal agencies, shall submit a report
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on
the number of aliens detained under the amendments made by
paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described
in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who
is'' after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is
amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(G)(i) (relating to participation in
criminal gangs); or''.
(g) Temporary Protected Status.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``States, or'' and inserting
``States;'';

[[Page 13891]]

(B) in clause (ii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time after admission has
been, a member of a criminal gang.''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the following:
``The Secretary of Homeland Security may detain an alien
provided temporary protected status under this section
whenever appropriate under any other provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section
101(a)(27)(J)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(iii)) is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by inserting ``and'' at the end; and
(3) by adding at the end the following:

``(III) no alien who is, or was at any time after admission
has been, a member of a criminal gang shall be eligible for
any immigration benefit under this subparagraph;''.

SEC. 1102. MANDATORY EXPEDITED REMOVAL OF DANGEROUS
CRIMINALS, TERRORISTS, AND GANG MEMBERS.

SEC. 1103. FUGITIVE OPERATIONS.

SEC. 1104. ADDITIONAL DETENTION CAPACITY FOR FAMILY UNITS.

TITLE XII--BORDER SECURITY

SEC. 1201. REDUCING INCENTIVES FOR ILLEGAL IMMIGRATION.

SEC. 1202. BORDER SECURITY ON CERTAIN FEDERAL LANDS.

SEC. 1203. STATE AND LOCAL ASSISTANCE TO ALLEVIATE
HUMANITARIAN CRISIS.

(a) State and Local Assistance.--The Administrator of the
Federal Emergency Management Agency shall enhance law
enforcement preparedness, humanitarian responses, and
operational readiness along the international border between
the United States and Mexico through Operation Stonegarden.
(b) Grants and Reimbursements.--
(1) In general.--Amounts made available to carry out this
section shall be allocated for grants and reimbursements to
State and local governments in Border Patrol Sectors on the
along the international border between the United States and
Mexico for--
(A) costs personnel, overtime, and travel;
(B) costs related to combating illegal immigration and drug
smuggling; and
(C) costs related to providing humanitarian relief to
unaccompanied alien children and family units who have
entered the United States.
(2) Funding for state and local governments.--Allocations
for grants and reimbursements to State and local governments
under this paragraph shall be made by the Administrator of
the Federal Emergency Management Agency through a competitive
process.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years 2014 and 2015 such sums
as may be necessary to carry out this section.

SEC. 1204. PREVENTING ORGANIZED SMUGGLING.

``Sec. 556. Unlawfully hindering immigration, border, or
customs controls

[[Page 13892]]

crime relating to United States immigration, customs,
importation of controlled substances, agriculture products,
or monetary instruments, or other border controls shall be
fined under this title, imprisoned not more than 10 years, or
both.
``(b) Destruction of United States Border Controls.--Any
person who knowingly and without lawful authorization
destroys, alters, or damages any fence, barrier, sensor,
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry, or otherwise seeks to
construct, excavate, or make any structure intended to
defeat, circumvent or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by
the Federal Government to control the international border of
the United States or a port of entry--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if, at the time of the offense, the person uses or
carries a firearm or, in furtherance of any such crime,
possesses a firearm, shall be fined under this title,
imprisoned not more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) shall be punished
in the same manner as a person who completes a violation of
such subsection.''.
(B) Clerical amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by inserting
after the item relating to section 555 the following:

``556. Unlawfully hindering immigration, border, or customs
controls.''.
(2) Prohibiting carrying or use of a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of
title 18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place such term
appears; and
(ii) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Statute of limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``556 (hindering
immigration, border, or customs controls), 1598 (organized
human smuggling),'' before ``1581''.
(b) Organized Human Smuggling.--
(1) Amendment to title 18, united states code.--Chapter 77
of title 18, United States Code, is amended by adding at the
end the following:

``Sec. 1598. Organized human smuggling

``1598. Organized human smuggling.''.
(c) Strategy to Combat Human Smuggling.--
(1) High traffic areas of human smuggling defined.--In this
subsection, the term ``high traffic areas of human
smuggling'' means the United States ports of entry and areas
between such ports that have relatively high levels of human
smuggling activity, as measured by U.S. Customs and Border
Protection.
(2) Implementation.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement a strategy to deter, detect, and
interdict human smuggling across the international land and
maritime borders of the United States.
(3) Components.--The strategy referred to in paragraph (2)
shall include--
(A) efforts to increase coordination between the border and
maritime security components of the Department of Homeland
Security;
(B) an identification of intelligence gaps impeding the
ability to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States;
(C) efforts to increase information sharing with State and
local governments and other Federal agencies;
(D) efforts to provide, in coordination with the Federal
Law Enforcement Training Center, training for the border and
maritime security components of the Department of Homeland
Security to deter, detect, and interdict human smuggling
across the international land and maritime borders of the
United States; and
(E) the identification of the high traffic areas of human
smuggling.
(4) Report.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report that describes the strategy to be
implemented under paragraph (2), including the components
listed in paragraph (3), to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on Homeland Security of the House of
Representatives.
(B) Form.--The Secretary may submit the report required
under subparagraph (A) in classified form if the Secretary
determines that such form is appropriate.
(5) Annual list of high traffic areas.--Not later than
February 1st of the first year beginning after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a list of the
high traffic areas of human smuggling referred to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.

[[Page 13893]]

______

SA 3748. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title I, add the following:

SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR DIVESTMENT
OR TRANSFER OF KC-10 AIRCRAFT.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2015 for the Air
Force may be obligated or expended during such fiscal year to
divest or transfer, or prepare to divest or transfer, KC-10
aircraft.
______

SA 3749. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

SEC. 1105. PAY PARITY FOR DEPARTMENT OF DEFENSE EMPLOYEES
EMPLOYED AT JOINT BASES.

(a) Definitions.--For purposes of this section--
(1) the term ``joint military installation'' means 2 or
more military installations reorganized or otherwise
associated and operated as a single military installation;
(2) the term ``locality'' or ``pay locality'' has the
meaning given that term by section 5302(5) of title 5, United
States Code; and
(3) the term ``locality pay'' refers to any amount payable
under section 5304 or 5304a of title 5, United States Code.
(b) Pay Parity at Joint Bases.--Whenever 2 or more military
installations are reorganized or otherwise associated as a
single joint military installation, but the constituent
installations are not all located within the same pay
locality, all Department of Defense employees of the
respective installations constituting the joint installation
(who are otherwise entitled to locality pay) shall receive
locality pay at a uniform percentage equal to the percentage
which is payable with respect to the locality which includes
the constituent installation then receiving the highest
locality pay (expressed as a percentage).
(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.
(d) Effective Date; Applicability.--
(1) Effective date.--This section shall be effective with
respect to pay periods beginning on or after such date (not
later than 1 year after the date of enactment of this
section) as the Secretary of Defense shall determine in
consultation with the Office of Personnel Management.
(2) Applicability.--This section shall apply to any joint
military installation created as a result of the
recommendations of the Defense Base Closure and Realignment
Commission in the 2005 base closure round.
______

SA 3750. Mr. REID proposed an amendment to the bill S. 2648, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; as follows:

At the end, add the following:
This Act shall become effective 1 day after enactment.
______

SA 3751. Mr. REID proposed an amendment to amendment SA 3750 proposed
by Mr. Reid to the bill S. 2648, making emergency supplemental
appropriations for the fiscal year ending September 30, 2014, and for
other purposes; as follows:

In the amendment, strike ``1 day'' and insert ``2 days''.
______

SA 3752. Mr. REID proposed an amendment to the bill S. 2648, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; as follows:

At the end, add the following:
This Act shall become effective 3 days after enactment.
______

SA 3753. Mr. REID proposed an amendment to amendment SA 3752 proposed
by Mr. Reid to the bill S. 2648, making emergency supplemental
appropriations for the fiscal year ending September 30, 2014, and for
other purposes; as follows:

In the amendment, strike ``3 days'' and insert ``4 days''.
______

SA 3754. Mr. REID proposed an amendment to amendment SA 3753 proposed
by Mr. Reid to the amendment SA 3752 proposed by Mr. Reid to the bill
S. 2648, making emergency supplemental appropriations for the fiscal
year ending September 30, 2014, and for other purposes; as follows:

In the amendment, strike ``4'' and insert ``5''.
______

SA 3755. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title V, add the following:

SEC. 515. ROLE OF THE CHIEF OF THE NATIONAL GUARD BUREAU IN
ASSIGNMENT OF DIRECTORS AND DEPUTY DIRECTORS OF
THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD.

(a) In General.--Section 10506(a) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``selected by the
Secretary of the Army'' and inserting ``recommended by the
Chief of the National Guard Bureau, from not less than three
candidates identified by the Secretary of the Army,''; and
(B) in subparagraph (B), by striking ``selected by the
Secretary of the Air Force'' and inserting ``recommended by
the Chief of the National Guard Bureau, from not less than
three candidates identified by the Secretary of the Air
Force,''; and
(2) in paragraph (2), by striking ``The officers so
selected'' and inserting ``The Director and Deputy Director,
Army National Guard, and the Director and Deputy Director,
Air National Guard,''.
(b) Conforming Amendments Regarding Appointment.--Paragraph
(3) of such section is amended--
(1) in subparagraph (A), by striking ``The President'' and
inserting ``Consistent with paragraph (1), the President'';
(2) by striking subparagraphs (B) and (D); and
(3) by redesignating subparagraphs (C) and (E) as
subparagraphs (B) and (C), respectively.
______

SA 3756. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title IX, add the following:

SEC. 912. ASSIGNMENT OF CERTAIN NEW REQUIREMENTS BASED ON
DETERMINATIONS OF COST-EFFICIENCY.

(a) Amendment.--Chapter 146 of title 10, United States
Code, is amended by inserting after section 2463 the
following new section:

``Sec. 2463a. Assignment of certain new requirements based on
determinations of cost-efficiency

``(a) Assignments Based on Determinations of Cost-
efficiency.--(1) Except as provided in paragraph (2) and
subject to subsection (b), the assignment of performance of a
new requirement by the Department of Defense to military
personnel, civilian personnel, or contractor personnel shall
be based on a determination of which sector of the
Department's workforce can perform the services in the most
cost-efficient manner, based on an analysis of the costs to
the Federal Government in accordance with Department of
Defense Instruction 7041.04 (`Estimating and Comparing the
Full Costs of Civilian and Active Duty Military Manpower and
Contract Support') or successor guidance.
``(2) Paragraph (1) shall not apply in the case of a new
requirement that is inherently governmental, closely
associated with inherently governmental functions, critical,
or required by law to be performed by military personnel or
civilian personnel.
``(3) Nothing in this section may be construed as affecting
the requirements of the Department of Defense under policies
and procedures established by the Secretary of Defense under
section 129a of this title for determining the most
appropriate and cost-efficient mix of military, civilian, and
contractor personnel to perform the mission of the Department
of Defense.
``(b) Waiver Authority.--(1) Notwithstanding subsection
(a), the Secretary of a military department, the commander of
a combatant command, or the head of a Defense Agency or
activity may waive such

[[Page 13894]]

subsection and assign performance of a new requirement
without a determination of cost-efficiency as required by
such subsection if--
``(A) the Secretary, commander, or head certifies in
writing to the congressional defense committees that the time
required to conduct the determination of cost-efficiency
would result in a gap in service that would significantly
undermine performance of the mission of the Department of
Defense or pose an unacceptable risk; and
``(B) a period of 30 days has expired after such
certification is so submitted to the committees.
``(2) A waiver of subsection (a) may be in effect for a
period of not greater than 180 days.
``(3) The waiver authority under this subsection may not be
exercised after September 30, 2015.
``(c) Provisions Relating to Assignment of Civilian
Personnel.--If a new requirement is assigned to civilian
personnel consistent with the requirements of this section--
``(1) the Secretary of Defense may not--
``(A) impose any constraint or limitation on the size of
the civilian workforce in terms of man years, end strength,
full-time equivalent positions, or maximum number of
employees; or
``(B) require offsetting funding for civilian pay or
benefits or require a reduction in civilian full-time
equivalents or civilian end-strengths; and
``(2) the Secretary may assign performance of such
requirement without regard to whether the employee is a
temporary, term, or permanent employee.
``(d) New Requirement Described.--For purposes of this
section, a new requirement is an activity or function that is
not being performed, as of the date of consideration for
assignment of performance under this section, by military
personnel, civilian personnel, or contractor personnel at a
Department of Defense component, organization, installation,
or other entity. For purposes of the preceding sentence, an
activity or function that is performed at such an entity and
that is re-engineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient but is still
essentially providing the same service shall not be
considered a new requirement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2463 the following new item:

``2463a. Assignment of certain new requirements based on determinations
of cost-efficiency.''.
______

SA 3757. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title X, add the following:

SEC. 1015. NATIONAL GUARD DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.

(a) Findings.--Congress makes the following findings:
(1) Since 1989, the National Guard has worked with law
enforcement agencies and community-based organizations
through the National Guard Counterdrug Program to address the
gap between Department of Defense and State and local
institutions to perform interdiction and anti-drug activities
that contribute to the defense of the United States against
narco-trafficking and transnational organized crime threats.
(2) The link between drug trafficking organizations and
criminal networks is well documented, as drug traffickers
have diversified their activities to include trafficking in
weapons, humans, cash, and counterfeit goods. These criminal
networks have grown in size and influence posing a
significant threat to national security.
(3) According to the National Guard Association of the
United States, the five National Guard Counterdrug Training
Centers located throughout the United States have provided
essential training to over 680,000 law enforcement officials,
military personnel, and coalition forces since their
inception.
(4) The Department of Defense has continually reduced the
funding for the National Guard Counterdrug Program since its
fiscal year 2013 request and has eliminated funding for the
National Guard Counterdrug Training Centers in the fiscal
year 2015 request.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the National Guard Counterdrug Training Centers'
mission of providing combatant commands, law enforcement
agencies, community-based organizations, and military
personnel with training and support to enhance their
capabilities to detect, interdict, disrupt, and curtail drug
trafficking plays a role in United States efforts to combat
narcotics trafficking and transnational organized crime;
(2) a sustainable funding solution that keeps the National
Guard Counterdrug Training Centers operational and that meets
the requirement for training and support for law enforcement
agencies, community-based organizations, and military
personnel to combat narcotics trafficking and transnational
organized crime is needed;
(3) the Secretary of Defense should consult with the Chief
of the National Guard Bureau, and as appropriate, with the
Attorney General and the Secretary of Homeland Security, on--
(A) how best to meet the requirement for training and
support for law enforcement agencies, community-based
organizations, and military personnel to combat narcotics
trafficking and transnational organized crime;
(B) what role the National Guard Counterdrug Training
Centers should play; and
(C) whether a partnership between the Office of the
Secretary of Defense, the National Guard Bureau, the
Department of Justice, and the Department of Homeland
Security is appropriate;
(4) efforts should be made to align National Guard
Counterdrug Training Centers' activities with key United
States counternarcotics policies and programs, including the
Department of Defense Counternarcotics and Global Threats
strategy, the President's National Drug Control Strategy, and
the President's Strategy to Combat Transnational Organized
Crime; and
(5) the Secretary of Defense should ensure that the
existing National Guard Counterdrug Training Centers continue
operations to achieve their full mission until a sustainable
funding solution is developed and implemented.
(c) Activities.--Section 112 of title 32, United States
Code, is amended--
(1) in subsection (a) by adding at the end the following
new paragraph:
``(4) The operation of five regionally located National
Guard Counter-drug Training Centers within the United States
for the purposes of providing counter-drug related training
to Federal, State, and local law enforcement personnel, as
well as for foreign law enforcement personnel participating
in the National Guard State Partnership Program.''; and
(2) in subsection (h)(1), by inserting ``and activities
that counter threats posed by local, State, and transnational
criminal organizations engaged in drug smuggling and
associated illicit activities within and on their borders,
as'' after ``drug demand reduction activities''.
______

SA 3758. Mr. NELSON (for himself, Mrs. Shaheen, Mrs. Hagan, Mr.
Heinrich, Mr. Reed, Mr. King, and Mr. Kaine) submitted an amendment
intended to be proposed by him to the bill S. 2648, making emergency
supplemental appropriations for the fiscal year ending September 30,
2014, and for other purposes; which was ordered to lie on the table; as
follows:

On page 24, between lines 6 and 7, insert the following:

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $122,250,000, to remain
available until September 30, 2015, which shall be for drug
interdiction and counter-drug activities of the United States
Southern Command: Provided, That not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Appropriations and
Armed Services of the Senate and the House of Representatives
a report on the use of funds made available by this
paragraph, including the amounts provided to any military or
security forces of a foreign country and the use of amounts
so provided by such forces: Provided further, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
______

SA 3759. Mr. THUNE (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed by him to the bill S. 2648, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes; which was ordered to lie on
the table; as follows:

On page 23, between lines 10 and 11, insert the following:

SEC. 21__. LIMITATION ON ACQUISITION.

(a) In General.--Notwithstanding any other provision of
law, except as provided in subsection (b), beginning on the
date of enactment of this Act and during each of the
subsequent 10 full fiscal years, none of the funds made
available to the Secretary under any law may be used--
(1) to survey land for future acquisition as Federal land;
or
(2) to enter into discussions with non-Federal landowners
to identify land for acquisition as Federal land.

[[Page 13895]]

(b) Exception.--Subsection (a) does not apply to the use of
funds--
(1) to complete land transactions underway on the date of
enactment of this Act;
(2) to exchange Federal land for non-Federal land; or
(3) to accept donations of non-Federal land as Federal
land.
(c) Offsetting Use of Funds.--Funds that would otherwise
have been used for the purchase of non-Federal land by the
Forest Service shall be used to carry out the supplemental
funding for wildland fire management provided under this
title.
______

SA 3760. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 737. ENHANCEMENT OF GLOBAL SURVEILLANCE AND RESPONSE
ACTIVITIES REGARDING EMERGING INFECTIOUS
DISEASES.

(a) Enhancement in Connection With Medical Tracking of
Members Deployed Overseas.--As part of the ongoing
development of the medical tracking system for members of the
Armed Forces deployed overseas under section 1074f of title
10, United States Code, the Secretary of Defense may extend
and enhance the engagement of the geographic combatant
commands and overseas laboratories of the Department of
Defense with international infectious disease surveillance
partners in order to provide such partners with training,
laboratory equipment, and supplies used by the Department to
identify and develop force health protection measures. The
objective of the extension and enhancement of such engagement
shall be to enhance the capacity of such partners to engage
in surveillance and response activities regarding emerging
infectious diseases overseas.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth a
plan for the exercise of the authority in subsection (a).
______

SA 3761. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR
CERTAIN INDIVIDUALS.

(a) Definitions.--In this section--
(1) the term ``annuity'' includes a survivor annuity of a
widow or widower;
(2) the term ``unfunded liability'' has the meaning given
the term under section 8331 of title 5, United States Code;
and
(3) the terms ``widow'' and ``widower'' have the meanings
given those terms under section 8341 of title 5, United
States Code.
(b) Amendments.--
(1) In general.--Section 8332(b) of title 5, United States
Code, is amended--
(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(C) by inserting after paragraph (17) the following:
``(18) any period of service performed--
``(A) not later than December 31, 1977;
``(B) while a citizen of the United States;
``(C) in the employ of--
``(i) Air America, Inc.; or
``(ii) any entity associated with, predecessor to, or
subsidiary to Air America, Inc., including--

``(I) Air Asia Company Limited;
``(II) CAT Incorporated;
``(III) Civil Air Transport Company Limited; and
``(IV) the Pacific Division of Southern Air Transport; and

``(D) during the period that Air America, Inc. or any other
entity described in subparagraph (C) was owned and controlled
by the United States Government.''; and
(D) in the second undesignated paragraph following
paragraph (18) (as added by subparagraph (C)), by adding at
the end the following: ``For purposes of this subchapter,
service of the type described in paragraph (18) shall be
considered to have been service as an employee.''.
(2) Exemption from deposit requirement.--Section 8334(g) of
title 5, United States Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(7) any period of service for which credit is allowed
under section 8332(b)(18) of this title.''.
(c) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
with respect to annuities commencing on or after the
effective date of this section.
(2) Provisions relating to current annuitants.--
(A) In general.--Except as provided under subparagraph (D)
or paragraph (4), any individual who is entitled to an
annuity for the month in which this section becomes effective
may elect to have the amount of the annuity recomputed as if
the amendments made by this section had been in effect
throughout all periods of service on the basis of which the
annuity is or may be based.
(B) Submission of election.--An election to have an annuity
recomputed under subparagraph (A) shall be submitted to the
Office of Personnel Management not later than 2 years after
the effective date of this section.
(C) Prospective application of recomputation.--A
recomputation under subparagraph (A) shall be effective as of
the date of the first payment under the annuity that is made
after the later of--
(i) the date of the recomputation; or
(ii) the effective date of this section.
(D) No retroactive payments.--An individual may not receive
payments for any additional amounts that would have been
payable, if the amendments made by this section had been in
effect throughout all periods of service on the basis of
which the annuity is or may be based, for periods before the
first month for which recomputation is reflected in the
regular monthly annuity payments of the individual.
(3) Provisions relating to individuals eligible for (but
not currently receiving) an annuity.--
(A) In general.--
(i) Election.--Except as provided under subparagraph
(B)(ii) or paragraph (4), an individual not described in
paragraph (2) who becomes eligible for an annuity or for an
increased annuity as a result of the enactment of this
section may elect to have the rights of the individual under
subchapter III of chapter 83 of title 5, United States Code,
determined as if the amendments made by this section had been
in effect throughout all periods of service on the basis of
which the annuity is or would be based.
(ii) Submission of election.--An individual shall make an
election under clause (i) by submitting an appropriate
application to the Office of Personnel Management not later
than 2 years after the later of--

(I) the effective date of this section; or
(II) the date on which the individual separates from
service.

(B) Commencement date; retroactivity.--
(i) In general.--Subject to clause (ii), any entitlement to
an annuity or to an increased annuity resulting from an
election under subparagraph (A) shall be effective as of the
date on which regular monthly annuity payments begin to be
made in accordance with the amendments made by this section.
(ii) No retroactive payments.--An individual may not
receive payments for any amounts that would have been
payable, if the amendments made by this section had been in
effect throughout all periods of service on the basis of
which the annuity or increased annuity is or may be based,
for periods before the first month for which regular monthly
annuity payments begin to be made in accordance with the
amendments made by this section.
(iii) Retroactivity for purposes of entitlement to
annuity.--Any determination of the amount of any annuity, all
the requirements for entitlement to which (including
separation, but not including any application requirement)
would have been satisfied before the effective date of this
section if this section had been in effect (but would not
then otherwise have been satisfied absent this section) shall
be made as if application for the annuity had been submitted
as of the earliest date that would have been allowable, after
the date on which the individual separated from service, if
the amendments made by this section had been in effect
throughout the periods of service referred to in subparagraph
(A)(i).
(4) Survivor annuities for surviving spouses only.--
Notwithstanding section 8341 of title 5, United States Code,
or any other provision of law, an individual other than a
widow or a widower shall not be entitled to an annuity or
increased annuity under subchapter III of chapter 83 of such
title based on service described in section 8332(b)(18) of
such title (as added by subsection (b)(1)(C)) performed by a
deceased individual.
(d) Funding.--Any increase in the unfunded liability of the
Civil Service Retirement System attributable to the enactment
of this section shall be financed in accordance with section
8348(f) of title 5, United States Code.
(e) Regulations and Special Rule.--
(1) In general.--The Director of the Office of Personnel
Management shall promulgate regulations necessary to carry
out this section, which shall include provisions under

[[Page 13896]]

which rules similar to those established under the amendments
made by section 201 of the Federal Employees' Retirement
System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall
be applied with respect to any service described in section
8332(b)(18) of title 5, United States Code (as added by
subsection (b)(1)(C)) that was subject to title II of the
Social Security Act.
(2) Special rule.--For purposes of any application for any
benefit which is computed or recomputed taking into account
any service described in section 8332(b)(18) of title 5,
United States Code (as added by subsection (b)(1)(C)),
section 8345(i)(2) of such title shall be applied by deeming
the reference to the date of the ``other event which gives
rise to title to the benefit'' to refer to the effective date
of this section, if later than the date of the event that
would otherwise apply.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first fiscal year beginning after the date of enactment of
this section.
______

SA 3762. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR
CERTAIN INDIVIDUALS.

(a) Definition.--In this section, the term ``unfunded
liability'' has the meaning given the term under section 8331
of title 5, United States Code.
(b) Amendments.--
(1) In general.--Section 8332(b) of title 5, United States
Code, is amended--
(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(C) by inserting after paragraph (17) the following:
``(18) any period of service performed--
``(A) not later than December 31, 1977;
``(B) while a citizen of the United States;
``(C) in the employ of--
``(i) Air America, Inc.; or
``(ii) any entity associated with, predecessor to, or
subsidiary to Air America, Inc., including--

``(I) Air Asia Company Limited;
``(II) CAT Incorporated;
``(III) Civil Air Transport Company Limited; and
``(IV) the Pacific Division of Southern Air Transport; and

(I) the effective date of this section; or
(II) the date on which the individual separates from
service.

(B) Commencement date; retroactivity.--
(i) In general.--Subject to clause (ii), any entitlement to
an annuity or to an increased annuity resulting from an
election under subparagraph (A) shall be effective as of the
date on which regular monthly annuity payments begin to be
made in accordance with the amendments made by this section.
(ii) No retroactive payments.--An individual may not
receive payments for any amounts that would have been
payable, if the amendments made by this section had been in
effect throughout all periods of service on the basis of
which the annuity or increased annuity is or may be based,
for periods before the first month for which regular monthly
annuity payments begin to be made in accordance with the
amendments made by this section.
(iii) Retroactivity for purposes of entitlement to
annuity.--Any determination of the amount of any annuity, all
the requirements for entitlement to which (including
separation, but not including any application requirement)
would have been satisfied before the effective date of this
section if this section had been in effect (but would not
then otherwise have been satisfied absent this section) shall
be made as if application for the annuity had been submitted
as of the earliest date that would have been allowable, after
the date on which the individual separated from service, if
the amendments made by this section had been in effect
throughout the periods of service referred to in subparagraph
(A)(i).
(4) No right to survivor annuity.--Notwithstanding section
8341 of title 5, United States Code, or any other provision
of law, an individual shall not be entitled to an annuity or
increased annuity under subchapter III of chapter 83 of such
title based on service described in section 8332(b)(18) of
such title (as added by subsection (b)(1)(C)) performed by a
deceased individual.
(d) Funding.--Any increase in the unfunded liability of the
Civil Service Retirement System attributable to the enactment
of this section shall be financed in accordance with section
8348(f) of title 5, United States Code.
(e) Regulations.--The Director of the Office of Personnel
Management shall promulgate regulations necessary to carry
out this section, which shall include provisions under which
rules similar to those established under the amendments made
by section 201 of the Federal Employees' Retirement System
Act of 1986 (Public Law 99-335; 100 Stat. 588) shall be
applied with respect to any service described in section
8332(b)(18) of title 5, United States Code (as added by
subsection (b)(1)(C)) that was subject to title II of the
Social Security Act.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first fiscal year beginning after the date of enactment of
this section.
______

SA 3763. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR
CERTAIN INDIVIDUALS.

(a) Definitions.--In this section--
(1) the term ``annuity'' includes a survivor annuity; and
(2) the terms ``survivor'', ``survivor annuitant'', and
``unfunded liability'' have the meanings given those terms
under section 8331 of title 5, United States Code.
(b) Amendments.--
(1) In general.--Section 8332(b) of title 5, United States
Code, is amended--

[[Page 13897]]

(A) in paragraph (16), by striking ``and'' at the end;
(B) in paragraph (17), by striking the period at the end
and inserting ``; and'';
(C) by inserting after paragraph (17) the following:
``(18) any period of service performed--
``(A) not later than December 31, 1977;
``(B) while a citizen of the United States;
``(C) in the employ of--
``(i) Air America, Inc.; or
``(ii) any entity associated with, predecessor to, or
subsidiary to Air America, Inc., including Air Asia Company
Limited, CAT Incorporated, Civil Air Transport Company
Limited, and the Pacific Division of Southern Air Transport;
and
``(D) during the period that Air America, Inc. or such
other entity described in subparagraph (C) was owned and
controlled by the United States Government.''; and
(D) in the second undesignated paragraph following
paragraph (18) (as added by subparagraph (C)), by adding at
the end the following: ``For purposes of this subchapter,
service of the type described in paragraph (18) of this
subsection shall be considered to have been service as an
employee.''.
(2) Exemption from deposit requirement.--Section 8334(g) of
title 5, United States Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting `` ; or''; and
(C) by adding at the end the following:
``(7) any period of service for which credit is allowed
under section 8332(b)(18) of this title.''.
(c) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
with respect to annuities commencing on or after the
effective date of this section.
(2) Provisions relating to current annuitants.--
(A) Election.--Any individual who is entitled to an annuity
for the month in which this section becomes effective may
elect to have the amount of such annuity recomputed as if the
amendments made by this section had been in effect throughout
all periods of service on the basis of which the annuity is
or may be based.
(B) Submission of election.--An individual shall make an
election under subparagraph (A) by submitting an appropriate
application to the Office of Personnel Management not later
than 2 years after the effective date of this section.
(C) Effective date of recomputation; retroactive pay as
lump-sum payment.--
(i) Effective date.--A recomputation under subparagraph (A)
shall be effective as of the commencement date of the
annuity.
(ii) Retroactive pay as lump-sum payment.--Any additional
amounts becoming payable, due to a recomputation under
subparagraph (A), for periods before the first month for
which the recomputation is reflected in the regular monthly
annuity payments of an individual shall be payable to the
individual in the form of a lump-sum payment.
(3) Provisions relating to individuals eligible for (but
not currently receiving) an annuity.--
(A) In general.--
(i) Election.--An individual not described in paragraph (2)
who becomes eligible for an annuity or an increased annuity
as a result of the enactment of this section may elect to
have the rights of the individual under subchapter III of
chapter 83 of title 5, United States Code, determined as if
the amendments made by this section had been in effect
throughout all periods of service on the basis of which the
annuity is or would be based.
(ii) Submission of election.--An individual shall make an
election under clause (i) by submitting an appropriate
application to the Office of Personnel Management not later
than 2 years after the later of--

(I) the effective date of this section; or
(II) the date on which the individual separates from
service.

(B) Effective date of entitlement; retroactivity.--
(i) Effective date.--

(I) In general.--Subject to clause (ii), any entitlement to
an annuity or an increased annuity resulting from an election
under subparagraph (A) shall be effective as of the
commencement date of the annuity.
(II) Retroactive pay as lump-sum payment.--Any amounts
becoming payable for periods before the first month for which
regular monthly annuity payments begin to be made in
accordance with the amendments made by this section shall be
payable to the individual in the form of a lump-sum payment.

(ii) Retroactivity.--Any determination of the amount, or of
the commencement date, of any annuity, all the requirements
for entitlement to which (including separation, but not
including any application requirement) would have been
satisfied before the effective date of this section if this
section had been in effect (but would not then otherwise have
been satisfied absent this section) shall be made as if
application for the annuity had been submitted as of the
earliest date that would have been allowable, after the date
on which the individual separated from service, if the
amendments made by this section had been in effect throughout
the periods of service referred to in subparagraph (A)(i).
(4) Right to file on behalf of a decedent.--
(A) In general.--The regulations promulgated under
subsection (e)(1) shall include provisions, in accordance
with the order of precedence under section 8342(c) of title
5, United States Code, under which a survivor of an
individual who performed service described in section
8332(b)(18) of such title (as added by subsection (b)(1)(C))
shall be allowed to submit an application on behalf of and to
receive any lump-sum payment that would otherwise have been
payable to the decedent under paragraph (2)(C)(ii) or
(3)(B)(i)(II) of this subsection.
(B) Submission of application.--An application under this
paragraph shall not be valid unless it is filed not later
than the later of--
(i) 2 years after the effective date of this section; or
(ii) 1 year after the date of the decedent's death.
(d) Funding.--
(1) Lump-sum payments.--Any lump-sum payment under
paragraph (2)(C)(ii) or (3)(B)(i)(II) of subsection (c) shall
be payable out of the Civil Service Retirement and Disability
Fund.
(2) Unfunded liability.--Any increase in the unfunded
liability of the Civil Service Retirement System attributable
to the enactment of this section shall be financed in
accordance with section 8348(f) of title 5, United States
Code.
(e) Regulations and Special Rule.--
(1) In general.--The Director of the Office of Personnel
Management shall promulgate any regulations necessary to
carry out this section, which shall include provisions under
which rules similar to those established under the amendments
made by section 201 of the Federal Employees' Retirement
System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall
be applied with respect to any service described in section
8332(b)(18) of title 5, United States Code (as added by
subsection (b)(1)(C)) that was subject to title II of the
Social Security Act.
(2) Special rule.--For purposes of any application for any
benefit which is computed or recomputed taking into account
any service described in section 8332(b)(18) of title 5,
United States Code (as added by subsection (b)(1)(C)),
section 8345(i)(2) of such title shall be applied by deeming
the reference to the date of the ``other event which gives
rise to title to the benefit'' to refer to the effective date
of this section, if later than the date of the event that
would otherwise apply.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first fiscal year beginning after the date of enactment of
this Act.
______

SA 3764. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED
DISABILITIES.

(a) Restatement of Current Concurrent Payment Authority
With Extension of Payment Authority to Retirees With
Compensable Service-Connected Disabilities Rated Less Than 50
Percent Disabling.--Subsection (a) of section 1414 of title
10, United States Code, is amended by striking paragraphs (1)
and (2) and inserting the following new paragraphs:
``(1) In general.--Subject to paragraphs (2), (3), and (4)
and subsection (b), a member or former member of the
uniformed services who is entitled for any month to retired
pay and who is also entitled for that month to veterans'
disability compensation for a service-connected disability or
combination of service-connected disabilities that is
compensable under the laws administered by the Secretary of
Veterans Affairs (hereinafter in this section referred to as
`qualified retiree') is entitled to be paid both for that
month without regard to sections 5304 and 5305 of title 38.
``(2) One-year phase-in for qualified retirees with total
disabilities.--During the period beginning on January 1,
2004, and ending on December 31, 2004, payment of retired pay
to a qualified retiree is subject to subsection (c) if the
qualified retiree is any of the following:
``(A) A qualified retiree receiving veterans' disability
compensation for a disability rated as 100 percent disabling
by the Secretary of Veterans Affairs.
``(B) A qualified retiree receiving veterans' disability
compensation at the rate payable

[[Page 13898]]

for a disability rated as 100 percent disabling by reason of
a determination of individual unemployability.
``(3) 10-year phase-in for qualified retirees with
disabilities rated 50 percent disabling or higher.--During
the period beginning on January 1, 2004, and ending on
December 31, 2013, payment of retired pay to a qualified
retiree is subject to subsection (c) if the qualified retiree
is entitled to veterans' disability compensation for a
service-connected disability or combination of service-
connected disabilities that is rated not less than 50 percent
disabling by the Secretary of Veterans Affairs.
``(4) 10-year phase-in for qualified retirees with
compensable disabilities rated less than 50 percent
disabling.--During the period beginning on January 1, 2016,
and ending on December 31, 2025, payment of retired pay to a
qualified retiree is subject to subsection (d) if the
qualified retiree is entitled to veterans' disability
compensation for a service-connected disability or
combination of service-connected disabilities that is rated
less than 50 percent disabling by the Secretary of Veterans
Affairs but is compensable under the laws administered by the
Secretary of Veterans Affairs.''.
(b) Phase-in for Qualified Retirees With Compensable
Disabilities Rated Less Than 50 Percent Disabling.--Such
section is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Phase-in of Full Concurrent Receipt for Qualified
Retirees With Compensable Disabilities Rated Less Than 50
Percent Disabling.--During the period beginning on January 1,
2016, and ending on December 31, 2025, retired pay payable to
a qualified retiree that pursuant to subsection (a)(4) is
subject to this subsection shall be determined as follows:
``(1) Calendar year 2016.--For a month during 2016, the
amount of retired pay payable to a qualified retiree is the
amount (if any) of retired pay in excess of the current
baseline offset plus the following:
``(A) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent
disabling, $___.
``(B) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 30 percent
disabling, $___.
``(C) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 20 percent
disabling, $___.
``(D) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 10 percent
disabling, $___.
``(2) Calendar year 2017.--For a month during 2017, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount specified in paragraph (1) for that
qualified retiree; and
``(B) 10 percent of the difference between (i) the current
baseline offset, and (ii) the amount specified in paragraph
(1) for that member's disability.
``(3) Calendar year 2018.--For a month during 2018, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (2) for that
qualified retiree; and
``(B) 20 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (2) for that qualified retiree.
``(4) Calendary year 2018.--For a month during 2019, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (3) for that
qualified retiree; and
``(B) 30 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (3) for that qualified retiree.
``(5) Calendar year 2020.--For a month during 2020, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (4) for that
qualified retiree; and
``(B) 40 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (4) for that qualified retiree.
``(6) Calendar year 2021.--For a month during 2021, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (5) for that
qualified retiree; and
``(B) 50 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (5) for that qualified retiree.
``(7) Calendar year 2022.--For a month during 2022, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (6) for that
qualified retiree; and
``(B) 60 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (6) for that qualified retiree.
``(8) Calendar year 2023.--For a month during 2023, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (7) for that
qualified retiree; and
``(B) 70 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (7) for that qualified retiree.
``(9) Calendar year 2024.--For a month during 2024, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (8) for that
qualified retiree; and
``(B) 80 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (8) for that qualified retiree.
``(10) Calendar year 2025.--For a month during 2025, the
amount of retired pay payable to a qualified retiree is the
sum of--
``(A) the amount determined under paragraph (9) for that
qualified retiree; and
``(B) 90 percent of the difference between (i) the current
baseline offset, and (ii) the amount determined under
paragraph (9) for that qualified retiree.
``(11) General limitation.--Retired pay determined under
this subsection for a qualified retiree, if greater than the
amount of retired pay otherwise applicable to that qualified
retiree, shall be reduced to the amount of retired pay
otherwise applicable to that qualified retiree.''.
(c) Conforming Amendments to Phase-in for Qualified
Retirees With Disabilities Rated 50 Percent Disabling or
Higher.--Subsection (c) of such section is amended--
(1) in the subsection caption, by inserting ``for Qualified
Retirees With Disabilities Rated 50 Percent Disabling or
Higher'' after ``Full Concurrent Receipt''; and
(2) by striking ``the second sentence of subsection
(a)(1)'' and inserting ``subsection (a)(3)''.
(d) Clerical Amendments.--
(1) The heading of such section 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.''.

(e) Effective Date.--The amendments made by this section
shall take effect on December 31, 2015, and shall apply to
payments for months beginning on or after that date.

SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.

(a) Amendment To Standardize Similar Provisions.--Paragraph
(2) of section 1414(b) of title 10, United States Code, 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 amendment made by subsection (a)
shall take effect on July 1, 2015, and shall apply to
payments for months beginning on or after that date.
______

SA 3765. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 626. 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.--Subsection (a) of section 1414 of title 10, United
States Code, is amended by striking paragraph (2).
(b) Clerical Amendments.--
(1) The heading of such section 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:

[[Page 13899]]

``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 July 1, 2015, and shall apply to
payments for months beginning on or after that date.

SEC. 627. 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 626(a) of
this Act, is further 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 July 1, 2015, and shall apply to
payments for months beginning on or after that date.
______

SA 3766. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR MILITARY
RETIREES WITH SERVICE-CONNECTED DISABILITIES
RATED 40 PERCENT DISABLING.

(a) In General.--Subsection (a)(2) of section 1414 of title
10, United States Code, is amended by striking ``means'' and
all that follows and inserting ``means the following:
``(A) During the period beginning on January 1, 2004, and
ending on June 30, 2015, a service-connected disability or
combination of service-connected disabilities that is rated
as not less than 50 percent disabling by the Secretary of
Veterans Affairs.
``(B) After June 30, 2015, a service-connected disability
or combination of service-connected disabilities that is
rated as not less than 40 percent disabling by the Secretary
of Veterans Affairs.''.
(b) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:

``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation rated 40
percent or higher: 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 rated 40 percent or
higher: concurrent payment of retired pay and disability
compensation.''.

(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 2015, and shall apply to
payments for months beginning on or after that date.

SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.

SA 3767. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PERSONNEL APPOINTMENT AUTHORITY.

(a) In General.--Section 306 of the Homeland Security Act
of 2002 (6 U.S.C. 186) is amended by adding at the end the
following:
``(e) Personnel Appointment Authority.--
``(1) In general.--In appointing employees to positions in
the Directorate of Science and Technology, the Secretary
shall have the hiring and management authorities described in
section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note;
Public Law 105-261) (referred to in this subsection as
`section 1101').
``(2) Term of appointments.--The term of appointments for
employees under subsection (c)(1) of section 1101 may not
exceed 5 years before the granting of any extension under
subsection (c)(2) of that section.''.
(b) Conforming Amendments.--Section 307(b) of the Homeland
Security Act of 2002 (6 U.S.C. 187(b)) is amended by--
(1) striking paragraph (6); and
(2) redesignating paragraph (7) as paragraph (6).
(c) Rule of Construction.--Nothing in the amendments made
by this section shall be construed to limit the authority
granted under paragraph (6) of section 307(b) of the Homeland
Security Act of 2002 (6 U.S.C. 187(b)), as in effect on the
day before the date of enactment of this Act.
______

SA 3768. Mr. CARPER (for himself, Mr. Harkin, and Ms. Hirono)
submitted an amendment intended to be proposed by him to the bill S.
2410, to authorize appropriations for fiscal year 2015 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 113, strike line 15 and all that follows
through page 115, line 2, and insert the following:
(b) Availability of Higher Education Component Online.--
(1) Members of the armed forces.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall ensure that the higher education component of
the Transition Assistance Program is available to members of
the Armed Forces on an Internet website of the Department of
Defense so that members have an option to complete such
component electronically and remotely.
(2) Veterans.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall ensure that the higher education component of the
Transition Assistance Program is available to veterans and
their dependents on an Internet website of the Department of
Veterans Affair so that veterans and their dependents have an
option to complete such component electronically and
remotely.
(c) Notice of Availability of Higher Education Component
Upon Request for Certificate of Entitlement to Certain
Educational Assistance.--
(1) Tuition assistance.--
(A) In general.--Whenever a member of the Armed Forces
requests a certificate from the Secretary of Defense to prove
entitlement to educational assistance under section 2007 of
title 10, United States Code, the Secretary shall notify the
member of the availability of the higher education component
of the Transition Assistance Program online pursuant to
subsection (b)(1).
(B) Guidance required.--The Secretary of Defense shall
carry out this paragraph with such guidance as the Secretary
considers appropriate.
(2) Post-9/11 educational assistance.--
(A) In general.--Whenever a veteran or a dependent of a
veteran requests a certificate from the Secretary of Veterans
Affairs to prove entitlement to educational assistance

[[Page 13900]]

under chapter 33 of title 38, United States Code, the
Secretary shall notify the veteran or dependent of the
availability of the higher education component of the
Transition Assistance Program online pursuant to subsection
(b)(2).
(B) Guidance required.--The Secretary of Veterans Affairs
shall carry out this paragraph with such guidance as the
Secretary considers appropriate.
(d) Tracking Completion of Higher Education Component
Online.--
(1) In general.--The Secretary of Veterans Affairs, in
collaboration with the Secretary of Defense, shall develop a
mechanism to track the completion by veterans and their
dependents of the higher education component of the
Transition Assistance Program made available online pursuant
to subsection (b)(2).
(2) Notice to congress.--When the Secretary of Veterans
Affairs has completed development of the mechanism required
by paragraph (1), the Secretary of Veterans Affairs shall
submit to Congress notice of such completion.
(e) Report.--Not later than 180 days after the date on
which the Secretary of Veterans Affairs submits notice under
subsection (d)(2), the Secretary of Veterans Affairs shall
submit to Congress a report on--
(1) the number of veterans and the number of dependents to
whom the Secretary of Veterans Affairs provided notice
pursuant to subsection (c)(2)(A); and
(2) the number of veterans and the number of dependents who
completed the higher education component of the Transition
Assistance Program electronically and remotely.
(f) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given such term in section 3452 of title 38, United
States Code.
(2) The term ``type of institution of higher learning''
means the following types of institutions of higher learning:
(A) An educational institution described in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(B) An educational institution described in subsection (b)
of section 102 of such Act (20 U.S.C. 1002).
(C) An educational institution described in subsection (c)
of such section.

SEC. 534. SHARING OF INFORMATION AMONG DEPARTMENT OF
EDUCATION, DEPARTMENT OF VETERANS AFFAIRS, AND
DEPARTMENT OF DEFENSE TO FACILITATE ASSESSMENT.

(a) Sharing of Information to Assess Student Loan Debt.--
(1) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education, the
Secretary of Defense, and the Secretary of Veterans Affairs
shall jointly develop and implement a plan to share
information that will enable the Secretary of Education to
distinguish members of the Armed Forces and veterans in the
student loan databases of the Department of Education for the
purposes of determining aggregate information on student loan
debt incurred by the member and veteran populations.
(2) Elements of information shared by secretary of veterans
affairs.--Information to be shared by the Secretary of
Veterans Affairs from databases of the Department of Veterans
Affairs under paragraph (1) shall include the following:
(A) The type and extent of educational assistance provided
under laws administered by the Secretary of Veterans Affairs,
including chapters 30 and 33 of title 38, United States Code.
(B) The names of the educational institutions at which
individuals pursue programs of education with educational
assistance provided under such laws.
(C) The extent of assistance provided under the Yellow
Ribbon G.I. Education Enhancement Program.
(D) The degree of exhaustion of entitlement to such
assistance.
(E) To what degree an overpayment of such assistance is
made.
(F) Such other information as the Secretary of Veterans
Affairs and the Secretary of Education consider appropriate.
(b) Annual Report on Student Loan Debt Incurred by
Veterans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter, the Secretary of Education, in
consultation with the Secretary of Veterans Affairs, shall
submit to Congress a report on debt incurred by veterans to
pursue programs of education at institutions of higher
learning.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The extent of debt incurred by veterans to pursue
programs of education at institutions of higher learning,
disaggregated by type of institution of higher learning,
including the following:
(i) How the debt compares to the debt incurred by
individuals who are not veterans.
(ii) The status of repayment of and default on such debt
and how that compares to the repayment of and default on debt
incurred by individuals who are not veterans to pursue
programs of education at institutions of higher learning.
(iii) The proportion of veterans who do not incur any
Federal student loan debt to pursue a program of education at
an institution of higher learning.
(B) Assessment and analysis of the factors that contribute
to the debt incurred by veterans in their pursuit of programs
of education at institutions of higher learning,
disaggregated by type of institution of higher learning,
including the following:
(i) The extent of coverage of educational assistance under
laws administered by the Secretary of Veterans Affairs.
(ii) The exhaustion of entitlement to educational
assistance under laws administered by the Secretary of
Veterans Affairs.
(iii) The availability of assistance under the Yellow
Ribbon G.I. Education Enhancement Program.
(iv) Such other factors as the Secretary of Education
considers appropriate.
(C) Such recommendations as the Secretary of Education may
have for legislative or administrative action to address such
issues as the Secretary of Education may have identified
concerning debt incurred by veterans to pursue programs of
education at institutions of higher learning.
(c) Sharing of Information on Institutions of Higher
Learning.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education, in
consultation with the Secretary of Defense and the Secretary
of Veterans Affairs, shall establish an automated system to
enable the Department of Education, the Department of
Veterans Affairs, and the Department of Defense to more
efficiently share information pertaining to the same
institutions of higher learning.
(d) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given such term in section 3452 of title 38, United
States Code.
(2) The term ``type of institution of higher learning''
means the following types of institutions of higher learning:
(A) An educational institution described in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(B) An educational institution described in subsection (b)
of section 102 of such Act (20 U.S.C. 1002).
(C) An educational institution described in subsection (c)
of such section.
______

SA 3769. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VIII, add the following:

SEC. 864. EXTENSION OF AUTHORITY TO PROTEST TASK AND DELIVERY
ORDERS UNDER CIVILIAN CONTRACTS.

Section 4106(f) of title 41, United States Code, is amended
by striking paragraph (3).
______

SA 3770. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle I--Federal Information Security

SEC. 1091. FISMA REFORM.

(a) In General.--Chapter 35 of title 44, United States
Code, is amended by striking subchapters II and III and
inserting the following:

``SUBCHAPTER II--INFORMATION SECURITY

``Sec. 3551. Purposes

``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over
information resources that support Federal operations and
assets;
``(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of
information security efforts throughout the civilian,
national security, and law enforcement communities;
``(3) provide for development and maintenance of minimum
controls required to protect Federal information and
information systems;
``(4) provide a mechanism for improved oversight of Federal
agency information security programs;
``(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and
effective information security solutions, reflecting market
solutions for the protection of critical information
infrastructures important to the national defense and
economic security of the nation that are designed, built, and
operated by the private sector; and

[[Page 13901]]

``(6) recognize that the selection of specific technical
hardware and software information security solutions should
be left to individual agencies from among commercially
developed products.

``Sec. 3552. Definitions

``(a) In General.--Except as provided under subsection (b),
the definitions under section 3502 shall apply to this
subchapter.
``(b) Additional Definitions.--As used in this subchapter:
``(1) The term `binding operational directive' means a
compulsory direction to an agency that is in accordance with
policies, principles, standards, and guidelines issued by the
Director.
``(2) The term `incident' means an occurrence that--
``(A) actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information or an information system; or
``(B) constitutes a violation or imminent threat of
violation of law, security policies, security procedures, or
acceptable use policies.
``(3) The term `information security' means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in
order to provide--
``(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
``(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information; and
``(C) availability, which means ensuring timely and
reliable access to and use of information.
``(4) The term `information technology' has the meaning
given that term in section 11101 of title 40.
``(5) The term `intelligence community' has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
``(6)(A) The term `national security system' means any
information system (including any telecommunications system)
used or operated by an agency or by a contractor of an
agency, or other organization on behalf of an agency--
``(i) the function, operation, or use of which--
``(I) involves intelligence activities;
``(II) involves cryptologic activities related to national
security;
``(III) involves command and control of military forces;
``(IV) involves equipment that is an integral part of a
weapon or weapons system; or
``(V) subject to subparagraph (B), is critical to the
direct fulfillment of military or intelligence missions; or
``(ii) is protected at all times by procedures established
for information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
``(B) Subparagraph (A)(i)(V) does not include a system that
is to be used for routine administrative and business
applications (including payroll, finance, logistics, and
personnel management applications).
``(7) The term `Secretary' means the Secretary of Homeland
Security.

``Sec. 3553. Authority and functions of the Director and the
Secretary

``(a) Director.--The Director shall oversee agency
information security policies, including--
``(1) developing and overseeing the implementation of
policies, principles, standards, and guidelines on
information security, including through ensuring timely
agency adoption of and compliance with standards promulgated
under section 11331 of title 40;
``(2) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of
this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(A) information collected or maintained by or on behalf
of an agency; or
``(B) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(3) ensuring that the Secretary carries out the
authorities and functions under subsection (b);
``(4) coordinating the development of standards and
guidelines under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) with agencies
and offices operating or exercising control of national
security systems (including the National Security Agency) to
assure, to the maximum extent feasible, that such standards
and guidelines are complementary with standards and
guidelines developed for national security systems;
``(5) overseeing agency compliance with the requirements of
this subchapter, including through any authorized action
under section 11303 of title 40, to enforce accountability
for compliance with such requirements;
``(6) coordinating information security policies and
procedures with related information resources management
policies and procedures; and
``(7) consulting with the Secretary in carrying out the
authorities and functions under this subsection.
``(b) Secretary.--The Secretary, in consultation with the
Director, shall oversee the operational aspects of agency
information security policies and practices for information
systems, except for national security systems and information
systems described in paragraph (2) or (3) of subsection (e),
including--
``(1) assisting the Director in carrying out the
authorities and functions under subsection (a);
``(2) developing and overseeing the implementation of
binding operational directives to agencies to implement the
policies, principles, standards, and guidelines developed by
the Director under subsection (a)(1) and the requirements of
this subchapter, which may be repealed by the Director if the
operational directives issued on behalf of the Director are
not in accordance with policies, principles, standards, and
guidelines developed by the Director, including--
``(A) requirements for reporting security incidents to the
Federal information security incident center established
under section 3556;
``(B) requirements for the contents of the annual reports
required to be submitted under section 3554(c)(1);
``(C) requirements for the mitigation of exigent risks to
information systems; and
``(D) other operational requirements as the Director or
Secretary may determine necessary;
``(3) monitoring agency implementation of information
security policies and practices;
``(4) convening meetings with senior agency officials to
help ensure effective implementation of information security
policies and practices;
``(5) coordinating Government-wide efforts on information
security policies and practices, including consultation with
the Chief Information Officers Council established under
section 3603;
``(6) providing operational and technical assistance to
agencies in implementing policies, principles, standards, and
guidelines on information security, including implementation
of standards promulgated under section 11331 of title 40,
including by--
``(A) operating the Federal information security incident
center established under section 3556;
``(B) upon request by an agency, deploying technology to
assist the agency to continuously diagnose and mitigate
against cyber threats and vulnerabilities, with or without
reimbursement;
``(C) compiling and analyzing data on agency information
security; and
``(D) developing and conducting targeted operational
evaluations, including threat and vulnerability assessments,
on the information systems; and
``(7) other actions as the Secretary may determine
necessary to carry out this subsection on behalf of the
Director.
``(c) Report.--Not later than March 1 of each year, the
Director, in consultation with the Secretary, shall submit to
Congress a report on the effectiveness of information
security policies and practices during the preceding year,
including--
``(1) a summary of the incidents described in the annual
reports required to be submitted under section 3554(c)(1),
including a summary of the information required under section
3554(c)(1)(A)(iii);
``(2) a description of the threshold for reporting major
information security incidents;
``(3) a summary of the results of evaluations required to
be performed under section 3555;
``(4) an assessment of agency compliance with standards
promulgated under section 11331 of title 40; and
``(5) an assessment of agency compliance with the policies
and procedures established under section 3559(a).
``(d) National Security Systems.--Except for the
authorities and functions described in subsection (a)(4) and
subsection (c), the authorities and functions of the Director
and the Secretary under this section shall not apply to
national security systems.
``(e) Department of Defense and Intelligence Community
Systems.--(1) The authorities of the Director described in
paragraphs (1) and (2) of subsection (a) shall be delegated
to the Secretary of Defense in the case of systems described
in paragraph (2) and to the Director of National Intelligence
in the case of systems described in paragraph (3).
``(2) The systems described in this paragraph are systems
that are operated by the Department of Defense, a contractor
of the Department of Defense, or another entity on behalf of
the Department of Defense that processes any information the
unauthorized access, use, disclosure, disruption,
modification, or destruction of which would have a
debilitating impact on the mission of the Department of
Defense.

[[Page 13902]]

``(3) The systems described in this paragraph are systems
that are operated by an element of the intelligence
community, a contractor of an element of the intelligence
community, or another entity on behalf of an element of the
intelligence community that processes any information the
unauthorized access, use, disclosure, disruption,
modification, or destruction of which would have a
debilitating impact on the mission of an element of the
intelligence community.

``Sec. 3554. Federal agency responsibilities

``(a) In General.--The head of each agency shall--
``(1) be responsible for--
``(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(i) information collected or maintained by or on behalf
of the agency; and
``(ii) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(B) complying with the requirements of this subchapter
and related policies, procedures, standards, and guidelines,
including--
``(i) information security standards promulgated under
section 11331 of title 40;
``(ii) operational directives developed by the Secretary
under section 3553(b);
``(iii) policies and procedures issued by the Director
under section 3559; and
``(iv) information security standards and guidelines for
national security systems issued in accordance with law and
as directed by the President; and
``(C) ensuring that information security management
processes are integrated with agency strategic and
operational planning processes;
``(2) ensure that senior agency officials provide
information security for the information and information
systems that support the operations and assets under their
control, including through--
``(A) assessing the risk and magnitude of the harm that
could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information
or information systems;
``(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40, for information security
classifications and related requirements;
``(C) implementing policies and procedures to cost-
effectively reduce risks to an acceptable level; and
``(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
``(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an
agency not covered by such section) the authority to ensure
compliance with the requirements imposed on the agency under
this subchapter, including--
``(A) designating a senior agency information security
officer who shall--
``(i) carry out the Chief Information Officer's
responsibilities under this section;
``(ii) possess professional qualifications, including
training and experience, required to administer the functions
described under this section;
``(iii) have information security duties as that official's
primary duty; and
``(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
``(B) developing and maintaining an agencywide information
security program as required by subsection (b);
``(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section
3553 of this title and section 11331 of title 40;
``(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
``(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
``(4) ensure that the agency has trained personnel
sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines;
``(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports
annually to the agency head on the effectiveness of the
agency information security program, including progress of
remedial actions;
``(6) ensure that senior agency officials, including chief
information officers of component agencies or equivalent
officials, carry out responsibilities under this subchapter
as directed by the official delegated authority under
paragraph (3); and
``(7) ensure that all personnel are held accountable for
complying with the agency-wide information security program
implemented under subsection (b).
``(b) Agency Program.--Each agency shall develop, document,
and implement an agency-wide information security program to
provide information security for the information and
information systems that support the operations and assets of
the agency, including those provided or managed by another
agency, contractor, or other source, that includes--
``(1) periodic assessments of the risk and magnitude of the
harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of
information and information systems that support the
operations and assets of the agency;
``(2) policies and procedures that--
``(A) are based on the risk assessments required by
paragraph (1);
``(B) cost-effectively reduce information security risks to
an acceptable level;
``(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
``(D) ensure compliance with--
``(i) the requirements of this subchapter;
``(ii) policies and procedures as may be prescribed by the
Director, and information security standards promulgated
under section 11331 of title 40;
``(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
``(iv) any other applicable requirements, including
standards and guidelines for national security systems issued
in accordance with law and as directed by the President;
``(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
``(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of--
``(A) information security risks associated with their
activities; and
``(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
``(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices,
to be performed with a frequency depending on risk, but no
less than annually, of which such testing--
``(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
``(B) may include testing relied on in an evaluation under
section 3555;
``(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices
of the agency;
``(7) procedures for detecting, reporting, and responding
to security incidents, consistent with standards and
guidelines described in section 3556(b), including--
``(A) mitigating risks associated with such incidents
before substantial damage is done;
``(B) notifying and consulting with the Federal information
security incident center established in section 3556; and
``(C) notifying and consulting with, as appropriate--
``(i) law enforcement agencies and relevant Offices of
Inspector General;
``(ii) an office designated by the President for any
incident involving a national security system;
``(iii) the committees of Congress described in subsection
(c)(1)--

``(I) not later than 7 days after the date on which the
incident is discovered; and
``(II) after the initial notification under subclause (I),
within a reasonable period of time after additional
information relating to the incident is discovered; and

``(iv) any other agency or office, in accordance with law
or as directed by the President; and
``(8) plans and procedures to ensure continuity of
operations for information systems that support the
operations and assets of the agency.
``(c) Agency Reporting.--
``(1) Annual report.--
``(A) In general.--Each agency shall submit to the
Director, the Secretary, the Committee on Government Reform,
the Committee on Homeland Security, and the Committee on
Science of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs and the Committee
on Commerce, Science, and Transportation of the Senate, the
appropriate authorization and appropriations committees of
Congress, and the Comptroller General a report on the
adequacy and effectiveness of information security policies,
procedures, and practices, including--
``(i) a description of each major information security
incident or related sets of incidents, including summaries
of--

``(I) the threats and threat actors, vulnerabilities, and
impacts relating to the incident;
``(II) the risk assessments conducted under section
3554(a)(2)(A) of the affected information systems before the
date on which the incident occurred; and
``(III) the detection, response, and remediation actions;

``(ii) the total number of information security incidents,
including a description of incidents resulting in significant
compromise

[[Page 13903]]

of information security, system impact levels, types of
incident, and locations of affected systems;
``(iii) a description of each major information security
incident that involved a breach of personally identifiable
information, including--

``(I) the number of individuals whose information was
affected by the major information security incident; and
``(II) a description of the information that was breached
or exposed; and

``(iv) any other information as the Secretary may require.
``(B) Unclassified report.--
``(i) In general.--Each report submitted under subparagraph
(A) shall be in unclassified form, but may include a
classified annex.
``(ii) Access to information.--The head of an agency shall
ensure that, to the greatest extent practicable, information
is included in the unclassified version of the reports
submitted by the agency under subparagraph (A).
``(2) Other plans and reports.--Each agency shall address
the adequacy and effectiveness of information security
policies, procedures, and practices in management plans and
reports.
``(d) Performance Plan.--(1) In addition to the
requirements of subsection (c), each agency, in consultation
with the Director, shall include as part of the performance
plan required under section 1115 of title 31 a description
of--
``(A) the time periods; and
``(B) the resources, including budget, staffing, and
training,
that are necessary to implement the program required under
subsection (b).
``(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(1).
``(e) Public Notice and Comment.--Each agency shall provide
the public with timely notice and opportunities for comment
on proposed information security policies and procedures to
the extent that such policies and procedures affect
communication with the public.

``Sec. 3555. Annual independent evaluation

``(a) In General.--(1) Each year each agency shall have
performed an independent evaluation of the information
security program and practices of that agency to determine
the effectiveness of such program and practices.
``(2) Each evaluation under this section shall include--
``(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative
subset of the agency's information systems;
``(B) an assessment of the effectiveness of the information
security policies, procedures, and practices of the agency;
and
``(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
``(b) Independent Auditor.--Subject to subsection (c)--
``(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual
evaluation required by this section shall be performed by the
Inspector General or by an independent external auditor, as
determined by the Inspector General of the agency; and
``(2) for each agency to which paragraph (1) does not
apply, the head of the agency shall engage an independent
external auditor to perform the evaluation.
``(c) National Security Systems.--For each agency operating
or exercising control of a national security system, that
portion of the evaluation required by this section directly
relating to a national security system shall be performed--
``(1) only by an entity designated by the agency head; and
``(2) in such a manner as to ensure appropriate protection
for information associated with any information security
vulnerability in such system commensurate with the risk and
in accordance with all applicable laws.
``(d) Existing Evaluations.--The evaluation required by
this section may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of
the applicable agency.
``(e) Agency Reporting.--(1) Each year, not later than such
date established by the Director, the head of each agency
shall submit to the Director the results of the evaluation
required under this section.
``(2) To the extent an evaluation required under this
section directly relates to a national security system, the
evaluation results submitted to the Director shall contain
only a summary and assessment of that portion of the
evaluation directly relating to a national security system.
``(f) Protection of Information.--Agencies and evaluators
shall take appropriate steps to ensure the protection of
information which, if disclosed, may adversely affect
information security. Such protections shall be commensurate
with the risk and comply with all applicable laws and
regulations.
``(g) OMB Reports to Congress.--(1) The Director shall
summarize the results of the evaluations conducted under this
section in the report to Congress required under section
3553(c).
``(2) The Director's report to Congress under this
subsection shall summarize information regarding information
security relating to national security systems in such a
manner as to ensure appropriate protection for information
associated with any information security vulnerability in
such system commensurate with the risk and in accordance with
all applicable laws.
``(3) Evaluations and any other descriptions of information
systems under the authority and control of the Director of
Central Intelligence or of National Foreign Intelligence
Programs systems under the authority and control of the
Secretary of Defense shall be made available to Congress only
through the appropriate oversight committees of Congress, in
accordance with applicable laws.
``(h) Comptroller General.--The Comptroller General shall
periodically evaluate and report to Congress on--
``(1) the adequacy and effectiveness of agency information
security policies and practices; and
``(2) implementation of the requirements of this
subchapter.
``(i) Assessment Technical Assistance.--The Comptroller
General may provide technical assistance to an Inspector
General or the head of an agency, as applicable, to assist
the Inspector General or head of an agency in carrying out
the duties under this section, including by testing
information security controls and procedures.

``Sec. 3556. Federal information security incident center

``(a) In General.--The Secretary shall ensure the operation
of a central Federal information security incident center
to--
``(1) provide timely technical assistance to operators of
agency information systems regarding security incidents,
including guidance on detecting and handling information
security incidents;
``(2) compile and analyze information about incidents that
threaten information security;
``(3) inform operators of agency information systems about
current and potential information security threats, and
vulnerabilities;
``(4) provide, as appropriate, intelligence and other
information about cyber threats, vulnerabilities, and
incidents to agencies to assist in risk assessments conducted
under section 3554(b); and
``(5) consult with the National Institute of Standards and
Technology, agencies or offices operating or exercising
control of national security systems (including the National
Security Agency), and such other agencies or offices in
accordance with law and as directed by the President
regarding information security incidents and related matters.
``(b) National Security Systems.--Each agency operating or
exercising control of a national security system shall share
information about information security incidents, threats,
and vulnerabilities with the Federal information security
incident center to the extent consistent with standards and
guidelines for national security systems, issued in
accordance with law and as directed by the President.

``Sec. 3557. National security systems

``The head of each agency operating or exercising control
of a national security system shall be responsible for
ensuring that the agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of the information
contained in such system;
``(2) implements information security policies and
practices as required by standards and guidelines for
national security systems, issued in accordance with law and
as directed by the President; and
``(3) complies with the requirements of this subchapter.

``Sec. 3558. Effect on existing law

``Nothing in this subchapter, section 11331 of title 40, or
section 20 of the National Standards and Technology Act (15
U.S.C. 278g-3) may be construed as affecting the authority of
the President, the Office of Management and Budget or the
Director thereof, the National Institute of Standards and
Technology, or the head of any agency, with respect to the
authorized use or disclosure of information, including with
regard to the protection of personal privacy under section
552a of title 5, the disclosure of information under section
552 of title 5, the management and disposition of records
under chapters 29, 31, or 33 of title 44, the management of
information resources under subchapter I of chapter 35 of
this title, or the disclosure of information to the Congress
or the Comptroller General of the United States.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
35 of title 44, United States Code is amended by striking the
matter relating to subchapters II and III and inserting the
following:

``subchapter ii--information security

``3551. Purposes.
``3552. Definitions.
``3553. Authority and functions of the Director and the Secretary.
``3554. Federal agency responsibilities.
``3555. Annual independent evaluation.

[[Page 13904]]

``3556. Federal information security incident center.
``3557. National security systems.
``3558. Effect on existing law.''.

(2) Cybersecurity research and development act.--Section
8(d)(1) of the Cybersecurity Research and Development Act (15
U.S.C. 7406) is amended by striking ``section 3534'' and
inserting ``section 3554''.
(3) Homeland security act of 2002.--Section 1001(c)(1)(A)
of the Homeland Security Act of 2002 (6 U.S.C. 511) by
striking ``section 3532(3)'' and inserting ``section
3552(b)(5)''.
(4) National institute of standards and technology act.--
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(A) in subsection (a)(2), by striking ``section
3532(b)(2)'' and inserting ``section 3552(b)(5)''; and
(B) in subsection (e)--
(i) in paragraph (2), by striking ``section 3532(1)'' and
inserting ``section 3552(b)(2)''; and
(ii) in paragraph (5), by striking ``section 3532(b)(2)''
and inserting ``section 3552(b)(5)''.
(5) Title 10.--Title 10, United States Code, is amended--
(A) in section 2222(j)(5), by striking ``section
3542(b)(2)'' and inserting ``section 3552(b)(5)'';
(B) in section 2223(c)(3), by striking ``section
3542(b)(2)'' and inserting ``section 3552(b)(5)''; and
(C) in section 2315, by striking ``section 3542(b)(2)'' and
inserting ``section 3552(b)(5)''.
(c) Other Provisions.--
(1) Circular a-130.--Not later than 180 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall revise Office of Management and
Budget Circular A-130 to eliminate inefficient or wasteful
reporting.
(2) ISPAB.--Section 21(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-4(b)) is
amended--
(A) in paragraph (2), by inserting ``, the Secretary of
Homeland Security,'' after ``the Institute''; and
(B) in paragraph (3), by inserting ``the Secretary of
Homeland Security,'' after ``the Secretary of Commerce,''.

SEC. 1092. FEDERAL DATA BREACH RESPONSE GUIDELINES.

(a) In General.--Subchapter II of chapter 35 of title 44,
United States Code, as added by this subtitle, is amended by
adding at the end the following:

``Sec. 3559. Privacy breach requirements

``(a) Policies and Procedures.--The Director, in
consultation with the Secretary, shall establish and oversee
policies and procedures for agencies to follow in the event
of a breach of information security involving the disclosure
of personally identifiable information, including
requirements for--
``(1) timely notice to affected individuals based on a
determination of the level of risk and consistent with law
enforcement and national security considerations;
``(2) timely reporting to the Federal information security
incident center established under section 3556 or other
Federal cybersecurity center, as designated by the Director;
``(3) timely notice to committees of Congress with
jurisdiction over cybersecurity; and
``(4) such additional actions as the Director may determine
necessary and appropriate, including the provision of risk
mitigation measures to affected individuals.
``(b) Considerations.--In carrying out subsection (a), the
Director shall consider recommendations made by the
Government Accountability Office, including recommendations
in the December 2013 Government Accountability Office report
entitled `Information Security: Agency Responses to Breaches
of Personally Identifiable Information Need to Be More
Consistent' (GAO-14-34).
``(c) Required Agency Action.--The head of each agency
shall ensure that actions taken in response to a breach of
information security involving the disclosure of personally
identifiable information under the authority or control of
the agency comply with policies and procedures established
under subsection (a).
``(d) Timeliness.--
``(1) In general.--Except as provided in paragraph (2), the
policies and procedures established under subsection (a)
shall require that the notice to affected individuals
required under subsection (a)(1) be made without unreasonable
delay and with consideration of the likely risk of harm and
the level of impact, but not later than 60 days after the
date on which the head of an agency discovers the breach of
information security involving the disclosure of personally
identifiable information.
``(2) Delay.--The Attorney General, the head of an element
of the intelligence community (as such term is defined under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)), or the Secretary may delay the notice to affected
individuals under subsection (a)(1) for not more than 180
days, if the notice would disrupt a law enforcement
investigation, endanger national security, or hamper security
remediation actions from the breach of information security
involving the disclosure of personally identifiable
information.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter II for chapter 35 of title 44, United
States Code, as added by this Act, is amended by inserting
after the item relating to section 3558 the following:

``3559. Privacy breach requirements.''.
______

SA 3771. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle I--National Cybersecurity Communications Integration Center

SEC. 1091. NATIONAL CYBERSECURITY AND COMMUNICATIONS
INTEGRATION CENTER.

(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:

``SEC. 210G. OPERATIONS CENTER.

``(a) Functions.--There is in the Department an operations
center, which may carry out the responsibilities of the Under
Secretary appointed under section 103(a)(1)(H) with respect
to security and resilience, including by--
``(1) serving as a Federal civilian information sharing
interface for cybersecurity;
``(2) providing shared situational awareness to enable
real-time, integrated, and operational actions across the
Federal Government;
``(3) sharing cybersecurity threat, vulnerability, impact,
and incident information and analysis by and among Federal,
State, and local government entities and private sector
entities;
``(4) coordinating cybersecurity information sharing
throughout the Federal Government;
``(5) conducting analysis of cybersecurity risks and
incidents;
``(6) upon request, providing timely technical assistance
to Federal and non-Federal entities with respect to
cybersecurity threats and attribution, vulnerability
mitigation, and incident response and remediation; and
``(7) providing recommendations on security and resilience
measures to Federal and non-Federal entities.
``(b) Composition.--The operations center shall be composed
of--
``(1) personnel or other representatives of Federal
agencies, including civilian and law enforcement agencies and
elements of the intelligence community, as such term is
defined under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)); and
``(2) representatives from State and local governments and
other non-Federal entities, including--
``(A) representatives from information sharing and analysis
organizations; and
``(B) private sector owners and operators of critical
information systems.
``(c) Annual Report.--Not later than 1 year after the date
of enactment of the Carl Levin National Defense Authorization
Act for Fiscal Year 2015, and every year thereafter for 3
years, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the operations center, which
shall include--
``(1) an analysis of the performance of the operations
center in carrying out the functions under subsection (a);
``(2) information on the composition of the center,
including--
``(A) the number of representatives from non-Federal
entities that are participating in the operations center,
including the number of representatives from States,
nonprofit organizations, and private sector entities,
respectively; and
``(B) the number of requests from non-Federal entities to
participate in the operations center and the response to such
requests, including--
``(i) the average length of time to fulfill such identified
requests by the Federal agency responsible for fulfilling
such requests; and
``(ii) a description of any obstacles or challenges to
fulfilling such requests; and
``(3) the policies and procedures established by the
operations center to safeguard privacy and civil liberties.
``(d) GAO Report.--Not later than 1 year after the date of
enactment of the Carl Levin National Defense Authorization
Act for Fiscal Year 2015, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on the effectiveness of the
operations center.
``(e) No Right or Benefit.--The provision of assistance or
information to, and inclusion in the operations center of,
governmental or private entities under this section shall be
at the discretion of the Under Secretary appointed under
section 103(a)(1)(H).

[[Page 13905]]

The provision of certain assistance or information to, or
inclusion in the operations center of, one governmental or
private entity pursuant to this section shall not create a
right or benefit, substantive or procedural, to similar
assistance or information for any other governmental or
private entity.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 note) is amended by inserting after the item
relating to section 210F the following:

``Sec. 210G. Operations center.''.
______

SA 3772. Mr. BEGICH (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 3060 proposed by Mr.
Wyden to the bill H.R. 3474, to amend the Internal Revenue Code of 1986
to allow employers to exempt employees with health coverage under
TRICARE or the Veterans Administration from being taken into account
for purposes of the employer mandate under the Patient Protection and
Affordable Care Act; which was ordered to lie on the table; as follows:

On page 9, between lines 13 and 14, insert the following:
(c) Encouragement of Contributions of Capital Gain Real
Property Made for Conservation Purposes by Native
Corporations.--
(1) In general.--Paragraph (2) of section 170(b) is amended
by redesignating subparagraph (C) as subparagraph (D), and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) Qualified conservation contributions by certain
native corporations.--
``(i) In general.--Any qualified conservation contribution
(as defined in subsection (h)(1)) which--

``(I) is made by a Native Corporation, and
``(II) is a contribution of property which was land
conveyed under the Alaska Native Claims Settlement Act,

shall be allowed to the extent that the aggregate amount of
such contributions does not exceed the excess of the
taxpayer's taxable income over the amount of charitable
contributions allowable under subparagraph (A).
``(ii) Carryover.--If the aggregate amount of contributions
described in clause (i) exceeds the limitation of clause (i),
such excess shall be treated (in a manner consistent with the
rules of subsection (d)(2)) as a charitable contribution to
which clause (i) applies in each of the 15 succeeding years
in order of time.
``(iii) Definition.--For purposes of clause (i), the term
`Native Corporation' has the meaning given such term by
section 3(m) of the Alaska Native Claims Settlement Act.''.
(2) Conforming amendment.--Section 170(b)(2)(A) of such
Code is amended by striking ``subparagraph (B) applies'' and
inserting ``subparagraphs (B) or (C) apply''.
(3) Rule of construction.--Nothing in this section or the
amendments made by this section shall be construed to modify
any existing property rights conveyed to Native Corporations
(withing the meaning of section 3(m) of the Alaska Native
Claims Settlement Act) under such Act.
______

SA 3773. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title X, add the following:

SEC. 1035. SENSE OF SENATE ON THE MAY 31, 2014, TRANSFER OF
FIVE DETAINEES FROM THE DETENTION FACILITY AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.

(a) Findings.--The Senate makes the following findings:
(1) In enacting the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66), Congress provided the
executive branch with clear guidance and requirements for
transferring or releasing individuals from the detention
facility at United States Naval Station, Guantanamo Bay,
Cuba.
(2) The National Defense Authorization Act for Fiscal Year
2014 states the Secretary of Defense may transfer an
individual detained at United States Naval Station,
Guantanamo Bay, Cuba, if the Secretary determines, following
a review conducted in accordance with the requirements of
section 1023 of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 801 note) and Executive Order No.
13567, that the individual is no longer a threat to the
United States, or the individual is ordered released by a
United States court, or such an individual can be transferred
if the Secretary determines that actions have been or are
planned to be taken which will substantially mitigate the
risk of the individual engaging or re-engaging in any
terrorist activity or other hostile activity that threatens
the United States or United States persons or interests and
the transfer is in the national security interest of the
United States.
(3) The National Defense Authorization Act for Fiscal Year
2014 states that the Secretary of Defense must notify the
appropriate committees of Congress of such a determination
not later than 30 days before the transfer or release of the
individual concerned from United States Naval Station,
Guantanamo Bay, Cuba.
(4) The National Defense Authorization Act for Fiscal Year
2014 states that such a notification must include a detailed
statement of the basis for the transfer or release, an
explanation of why the transfer or release is in the national
security interests of the United States, a description of any
actions taken to mitigate the risks of reengagement by the
individual to be transferred or released, a copy of any
Periodic Review Board findings relating to the individual,
and a description of the evaluation conducted pursuant to
factors that must be considered prior to such a transfer or
release.
(5) The Consolidated Appropriations Act, 2014 (Public Law
113-76) states that none of the funds appropriated or
otherwise made available in that Act may be used to transfer
covered individuals detained at United States Naval Station
Guantanamo Bay, Cuba, except in accordance with the National
Defense Authorization Act for Fiscal Year 2014.
(6) On May 31, 2014, detainees Khairullah Khairkhwa, Abdul
Haq Wasiq, Mohammed Fazl, Noorullah Noori, and Mohammed Nabi
Omari were transferred from United States Naval Station,
Guantanamo Bay, Cuba, to Qatar.
(7) The appropriate committees of Congress were not
notified of the transfers as required by the National Defense
Authorization Act for Fiscal Year 2014 prior to the
transfers.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the transfers of detainees Khairullah Khairkhwa, Abdul
Haq Wasiq, Mohammed Fazl, Noorullah Noori, and Mohammed Nabi
Omari from United States Naval Station, Guantanamo Bay, Cuba,
to Qatar on May 31, 2014, violated the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66)
and the Consolidated Appropriations Act, 2014 (Public Law
113-76); and
(2) Congress should--
(A) investigate the actions taken by President Obama and
his administration that led to the unlawful transfer of such
detainees, including an evaluation of other options
considered to reach the desired common defense policy outcome
of the President; and
(B) determine the impact of the transfer of such detainees
on the common defense of the United States and measures that
should be taken to mitigate any negative consequences.
______

SA 3774. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 737. PRELIMINARY MENTAL HEALTH ASSESSMENTS FOR
INDIVIDUALS BECOMING MEMBERS OF THE ARMED
FORCES.

(a) In General.--Chapter 31 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 520d. Preliminary mental health assessments

``(a) Provision of Mental Health Assessment.--Before any
individual enlists in an armed force or is commissioned as an
officer in an armed force, the Secretary concerned shall
provide the individual with a mental health assessment.
``(b) Use of Assessment.--(1) The Secretary shall use the
results of a mental assessment conducted under subsection (a)
as a baseline for any subsequent mental health examinations
of the individual, including such examinations provided under
sections 1074f and 1074m of this title.
``(2) The Secretary may not consider the results of a
mental health assessment conducted under subsection (a) in
determining the assignment or promotion of a member of the
armed forces.
``(c) Application of Privacy Laws.--With respect to
applicable laws and regulations relating to the privacy of
information, the Secretary shall treat a mental health
assessment conducted under subsection (a) in the same manner
as the medical records of a member of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 520c the following new item:

``520d. Preliminary mental health assessments.''.

[[Page 13906]]

(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the National Institute of Mental
Health of the National Institutes of Health shall submit to
Congress and the Secretary of Defense a report on preliminary
mental health assessments of members of the Armed Forces.
(B) Matters included.--The report under subparagraph (A)
shall include the following:
(i) Recommendations with respect to establishing a
preliminary mental health assessment of members of the Armed
Forces to bring mental health screenings to parity with
physical screenings of members.
(ii) Recommendations with respect to the composition of the
mental health assessment, evidenced-based best practices, and
how to track assessment changes relating to traumatic brain
injuries, post-traumatic stress disorder, and other
conditions.
(iii) Recommendations with respect to overcoming
limitations experienced during previous efforts to conduct
preliminary mental health assessments of members of the Armed
Forces.
(C) Coordination.--The National Institute of Mental Health
shall carry out subparagraph (A) in coordination with the
Secretary of Veterans Affairs, the Secretary of Health and
Human Services, the Director of the Centers for Disease
Control and Prevention, the surgeons general of the military
departments, and other relevant experts.
(2) Periodic reports.--
(A) In general.--Not later than two years after the date on
which the Secretary of Defense begins providing preliminary
mental health assessments under section 520d(a) of title 38,
United States Code, as added by subsection (a), and not less
frequently than once every three years thereafter, the
Secretary shall submit to Congress a report on the efficacy
of such preliminary mental health assessments.
(B) Matters included.--Each report required by subparagraph
(A) shall include the following:
(i) An evaluation of the parity between mental health
screenings and physical health screenings of members of the
Armed Forces.
(ii) An evaluation of the evidence-based best practices
used by the Secretary in composing and conducting preliminary
mental health assessments of members of the Armed Forces
under such section 520d(a).
(iii) An evaluation of the evidence-based best practices
used by the Secretary in tracking mental health assessment
changes relating to traumatic brain injuries, post-traumatic
stress disorder, and other conditions among members of the
Armed Forces.
(d) Implementation of Preliminary Mental Health
Assessment.--The Secretary of Defense may not provide a
preliminary mental health assessment under section 520d(a) of
title 38, United States Code, as added by subsection (a),
until the Secretary receives and evaluates the initial report
required by subsection (c)(1).

SEC. 738. PHYSICAL EXAMINATIONS AND MENTAL HEALTH SCREENINGS
FOR CERTAIN MEMBERS UNDERGOING SEPARATION FROM
THE ARMED FORCES WHO ARE NOT OTHERWISE ELIGIBLE
FOR SUCH EXAMINATIONS.

(a) In General.--The Secretary of the military department
concerned shall provide a comprehensive physical examination
(including a screening for Traumatic Brain Injury) and a
mental health screening to each member of the Armed Forces
who, after a period of active duty of more than 180 days, is
undergoing separation from the Armed Forces and is not
otherwise provided such an examination or screening in
connection with such separation from the Department of
Defense or the Department of Veterans Affairs.
(b) No Right to Health Care Benefits.--The provision of a
physical examination or mental health screening to a member
under subsection (a) shall not, by itself, be used to
determine the eligibility of the member for any health care
benefits from the Department of Defense or the Department of
Veterans Affairs.
(c) Funding.--Funds for the provision of physical
examinations and mental health screenings under this section
shall be derived from funds otherwise authorized to be
appropriated for the military department concerned for the
provision of health care to members of the Armed Forces.

SEC. 739. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO
PROVIDE ELECTRONIC COPY OF MEMBER SERVICE
TREATMENT RECORDS TO MEMBERS SEPARATING FROM
THE ARMED FORCES.

(a) Report Required.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report setting forth an assessment
of the capacity of the Department of Defense to provide each
member of the Armed Forces who is undergoing separation from
the Armed Forces an electronic copy of the member's service
treatment record at the time of separation.
(b) Matters Relating to the National Guard.--The assessment
under subsection (a) with regards to members of the National
Guard shall include an assessment of the capacity of the
Department to ensure that the electronic copy of a member's
service treatment record includes health records maintained
by each State or territory in which the member served.
______

SA 3775. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2648, making emergency supplemental appropriations
for the fiscal year ending September 30, 2014, and for other purposes;
which was ordered to lie on the table; as follows:

On page 24, between lines 6 and 7, insert the following:

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Drug Interdiction and Counter-Drug Activities, Defense

(rescission)

Sec. 3101. Of the unobligated balance available for
``Department of Homeland Security--Federal Emergency
Management Agency--Disaster Relief Fund'', $122,250,000 is
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on a budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That no amounts may be rescinded from
the amounts that were designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
______

SA 3776. Mr. TESTER (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE
SERVICE.

(a) Selection From Certificates.--Section 3318 of title 5,
United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Certificate Sharing.--
``(1) In general.--During the 240-day period beginning on
the date of issuance of a certificate of eligibles under
section 3317(a), an appointing authority other than the
appointing authority requesting the certificate may select an
individual from that certificate in accordance with paragraph
(2) for an appointment to a position that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(2) Requirements.--The selection of an individual under
paragraph (1)--
``(A) shall be made in accordance with subsection (a); and
``(B) may be made without any additional posting under
section 3327.
``(3) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with
another appointing authority only if the announcement of the
original position provided notice that the resulting list of
eligible candidates may be used by another appointing
authority.
``(4) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an
agency under chapter 71.''.
(b) Alternative Ranking and Selection Procedures.--Section
3319(c) of title 5, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (6);
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) An appointing official other than the appointing
official described in paragraph (1) may select an individual
for appointment to a position that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(3) The selection of an individual under paragraph (2)--
``(A) shall be made in accordance with this subsection; and

[[Page 13907]]

``(B) may be made without any additional posting under
section 3327.
``(4) An appointing authority requesting a certificate of
eligibles may share the certificate with another appointing
authority only if the announcement of the original position
provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(5) Nothing in this subsection limits any collective
bargaining obligation of an agency under chapter 71.''; and
(3) in paragraph (6) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``3318(b)'' and inserting ``3318(c)''.
(c) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of
Personnel Management shall issue regulations to carry out the
amendments made by subsections (a) and (b).
(d) Conforming Amendment.--Section 9510(b)(5) of title 5,
United States Code, is amended by striking ``3318(b)'' and
inserting ``3318(c)''.
______

SA 3777. Mrs. GILLIBRAND (for herself and Mr. Carper) submitted an
amendment intended to be proposed by her to the bill S. 2410, to
authorize appropriations for fiscal year 2015 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title X, insert the following:

Subtitle I--Cybersecurity Workforce

SEC. 1091. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY
WORKFORCE.

(a) In General.--At the end of subtitle C of title II of
the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add
the following:

``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION.

``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Homeland Security and Governmental Affairs and the Committee
on Appropriations of the Senate and the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives.
``(2) Collective bargaining agreement.--The term
`collective bargaining agreement' has the meaning given that
term in section 7103(a)(8) of title 5, United States Code.
``(3) Excepted service.--The term `excepted service' has
the meaning given that term in section 2103 of title 5,
United States Code.
``(4) Preference eligible.--The term `preference eligible'
has the meaning given that term in section 2108 of title 5,
United States Code.
``(5) Qualified position.--The term `qualified position'
means a position, designated by the Secretary for the purpose
of this section, in which the incumbent performs, manages, or
supervises functions that execute the responsibilities of the
Department relating to cybersecurity.
``(6) Senior executive service.--The term `Senior Executive
Service' has the meaning given that term in section 2101a of
title 5, United States Code.
``(b) General Authority.--
``(1) Establish positions, appoint personnel, and fix rates
of pay.--
``(A) General authority.--The Secretary may--
``(i) establish, as positions in the excepted service, such
qualified positions in the Department as the Secretary
determines necessary to carry out the responsibilities of the
Department relating to cybersecurity, including positions
formerly identified as--

``(I) senior level positions designated under section 5376
of title 5, United States Code; and
``(II) positions in the Senior Executive Service;

``(ii) appoint an individual to a qualified position (after
taking into consideration the availability of preference
eligibles for appointment to the position); and
``(iii) subject to the requirements of paragraphs (2) and
(3), fix the compensation of an individual for service in a
qualified position.
``(B) Construction with other laws.--The authority of the
Secretary under this subsection applies without regard to the
provisions of any other law relating to the appointment,
number, classification, or compensation of employees.
``(2) Basic pay.--
``(A) Authority to fix rates of basic pay.--In accordance
with this section, the Secretary shall fix the rates of basic
pay for any qualified position established under paragraph
(1) in relation to the rates of pay provided for employees in
comparable positions in the Department of Defense and subject
to the same limitations on maximum rates of pay established
for such employees by law or regulation.
``(B) Prevailing rate systems.--The Secretary may,
consistent with section 5341 of title 5, United States Code,
adopt such provisions of that title as provide for prevailing
rate systems of basic pay and may apply those provisions to
qualified positions for employees in or under which the
Department may employ individuals described by section
5342(a)(2)(A) of that title.
``(3) Additional compensation, incentives, and
allowances.--
``(A) Additional compensation based on title 5
authorities.--The Secretary may provide employees in
qualified positions compensation (in addition to basic pay),
including benefits, incentives, and allowances, consistent
with, and not in excess of the level authorized for,
comparable positions authorized by title 5, United States
Code.
``(B) Allowances in nonforeign areas.--An employee in a
qualified position whose rate of basic pay is fixed under
paragraph (2)(A) shall be eligible for an allowance under
section 5941 of title 5, United States Code, on the same
basis and to the same extent as if the employee was an
employee covered by such section 5941, including eligibility
conditions, allowance rates, and all other terms and
conditions in law or regulation.
``(4) Plan for execution of authorities.--Not later than
120 days after the date of enactment of this section, the
Secretary shall submit a report to the appropriate committees
of Congress with a plan for the use of the authorities
provided under this subsection.
``(5) Collective bargaining agreements.--Nothing in
paragraph (1) may be construed to impair the continued
effectiveness of a collective bargaining agreement with
respect to an office, component, subcomponent, or equivalent
of the Department that is a successor to an office,
component, subcomponent, or equivalent of the Department
covered by the agreement before the succession.
``(6) Required regulations.--The Secretary, in coordination
with the Director of the Office of Personnel Management,
shall prescribe regulations for the administration of this
section.
``(c) Annual Report.--Not later than 1 year after the date
of enactment of this section, and every year thereafter for 4
years, the Secretary shall submit to the appropriate
committees of Congress a detailed report that--
``(1) discusses the process used by the Secretary in
accepting applications, assessing candidates, ensuring
adherence to veterans' preference, and selecting applicants
for vacancies to be filled by an individual for a qualified
position;
``(2) describes--
``(A) how the Secretary plans to fulfill the critical need
of the Department to recruit and retain employees in
qualified positions;
``(B) the measures that will be used to measure progress;
and
``(C) any actions taken during the reporting period to
fulfill such critical need;
``(3) discusses how the planning and actions taken under
paragraph (2) are integrated into the strategic workforce
planning of the Department;
``(4) provides metrics on actions occurring during the
reporting period, including--
``(A) the number of employees in qualified positions hired
by occupation and grade and level or pay band;
``(B) the placement of employees in qualified positions by
directorate and office within the Department;
``(C) the total number of veterans hired;
``(D) the number of separations of employees in qualified
positions by occupation and grade and level or pay band;
``(E) the number of retirements of employees in qualified
positions by occupation and grade and level or pay band; and
``(F) the number and amounts of recruitment, relocation,
and retention incentives paid to employees in qualified
positions by occupation and grade and level or pay band; and
``(5) describes the training provided to supervisors of
employees in qualified positions at the Department on the use
of the new authorities.
``(d) Three-Year Probationary Period.--The probationary
period for all employees hired under the authority
established in this section shall be 3 years.
``(e) Incumbents of Existing Competitive Service
Positions.--
``(1) In general.--An individual serving in a position on
the date of enactment of this section that is selected to be
converted to a position in the excepted service under this
section shall have the right to refuse such conversion.
``(2) Subsequent conversion.--After the date on which an
individual who refuses a conversion under paragraph (1) stops
serving in the position selected to be converted, the
position may be converted to a position in the excepted
service.''.
(b) Conforming Amendment.--Section 3132(a)(2) of title 5,
United States Code, is amended in the matter following
subparagraph (E)--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (ii) the following:
``(iii) any position established as a qualified position in
the excepted service by the Secretary of Homeland Security
under section 226 of the Homeland Security Act of 2002;''.

[[Page 13908]]

(c) Table of Contents Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by inserting after the item relating
to section 225 the following:

``Sec. 226. Cybersecurity recruitment and retention.''.

SEC. 1092. HOMELAND SECURITY CYBERSECURITY WORKFORCE
ASSESSMENT.

(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives; and
(C) the Committee on House Administration of the House of
Representatives.
(2) Cybersecurity work category; data element code;
specialty area.--The terms ``Cybersecurity Work Category'',
``Data Element Code'', and ``Specialty Area'' have the
meanings given such terms in the Office of Personnel
Management's Guide to Data Standards.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) National Cybersecurity Workforce Measurement
Initiative.--
(1) In general.--The Secretary shall--
(A) identify all cybersecurity workforce positions within
the Department;
(B) determine the primary Cybersecurity Work Category and
Specialty Area of such positions; and
(C) assign the corresponding Data Element Code, as set
forth in the Office of Personnel Management's Guide to Data
Standards which is aligned with the National Initiative for
Cybersecurity Education's National Cybersecurity Workforce
Framework report, in accordance with paragraph (2).
(2) Employment codes.--
(A) Procedures.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall establish
procedures--
(i) to identify open positions that include cybersecurity
functions (as defined in the OPM Guide to Data Standards);
and
(ii) to assign the appropriate employment code to each such
position, using agreed standards and definitions.
(B) Code assignments.--Not later than 9 months after the
date of the enactment of this Act, the Secretary shall assign
the appropriate employment code to--
(i) each employee within the Department who carries out
cybersecurity functions; and
(ii) each open position within the Department that have
been identified as having cybersecurity functions.
(3) Progress report.--Not later than 1 year after the date
of the enactment of this Act, the Director shall submit a
progress report on the implementation of this subsection to
the appropriate congressional committees.
(c) Identification of Cybersecurity Specialty Areas of
Critical Need.--
(1) In general.--Beginning not later than 1 year after the
date on which the employment codes are assigned to employees
pursuant to subsection (b)(2)(B), and annually through 2021,
the Secretary, in consultation with the Director, shall--
(A) identify Cybersecurity Work Categories and Specialty
Areas of critical need in the Department's cybersecurity
workforce; and
(B) submit a report to the Director that--
(i) describes the Cybersecurity Work Categories and
Specialty Areas identified under subparagraph (A); and
(ii) substantiates the critical need designations.
(2) Guidance.--The Director shall provide the Secretary
with timely guidance for identifying Cybersecurity Work
Categories and Specialty Areas of critical need, including--
(A) current Cybersecurity Work Categories and Specialty
Areas with acute skill shortages; and
(B) Cybersecurity Work Categories and Specialty Areas with
emerging skill shortages.
(3) Cybersecurity critical needs report.--Not later than 18
months after the date of the enactment of this Act, the
Secretary, in consultation with the Director, shall--
(A) identify Specialty Areas of critical need for
cybersecurity workforce across the Department; and
(B) submit a progress report on the implementation of this
subsection to the appropriate congressional committees.
(d) Government Accountability Office Status Reports.--The
Comptroller General of the United States shall--
(1) analyze and monitor the implementation of subsections
(b) and (c); and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation.

SEC. 1093. UNITED STATES CYBER COMMAND WORKFORCE.

(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1599e. Cyber operations recruitment and retention

``(a) General Authority.--(1) The Secretary of Defense
may--
``(A) establish, as positions in the excepted service, such
qualified positions in the Department as the Secretary
determines necessary to carry out the responsibilities of the
United States Cyber Command relating to cyber operations,
including positions formerly identified as--
``(i) senior level positions designated under section 5376
of title 5; and
``(ii) positions in the Senior Executive Service;
``(B) appoint an individual to a qualified position (after
taking into consideration the availability of preference
eligibles for appointment to the position); and
``(C) subject to the requirements of subsections (b) and
(c), fix the compensation of an individual for service in a
qualified position.
``(2) The authority of the Secretary under this subsection
applies without regard to the provisions of any other law
relating to the appointment, number, classification, or
compensation of employees.
``(b) Basic Pay.--(1) In accordance with this section, the
Secretary shall fix the rates of basic pay for any qualified
position established under subsection (a)--
``(A) in relation to the rates of pay provided for
employees in comparable positions in the Department, in which
the incumbent performs, manages, or supervises functions that
execute the cyber mission of the Department; and
``(B) subject to the same limitations on maximum rates of
pay established for such employees by law or regulation.
``(2) The Secretary may--
``(A) consistent with section 5341 of title 5, adopt such
provisions of that title as provide for prevailing rate
systems of basic pay; and
``(B) apply those provisions to qualified positions for
employees in or under which the Department may employ
individuals described by section 5342(a)(2)(A) of such title.
``(c) Additional Compensation, Incentives, and
Allowances.--(1) The Secretary may provide employees in
qualified positions compensation (in addition to basic pay),
including benefits, incentives, and allowances, consistent
with, and not in excess of the level authorized for,
comparable positions authorized by title 5.
``(2) An employee in a qualified position whose rate of
basic pay is fixed under subsection (b)(1) shall be eligible
for an allowance under section 5941 of title 5 on the same
basis and to the same extent as if the employee was an
employee covered by such section, including eligibility
conditions, allowance rates, and all other terms and
conditions in law or regulation.
``(d) Plan for Execution of Authorities.--Not later than
120 days after the date of enactment of this section, the
Secretary shall submit a report to the appropriate committees
of Congress with a plan for the use of the authorities
provided under this section.
``(e) Collective Bargaining Agreements.--Nothing in
subsection (a) may be construed to impair the continued
effectiveness of a collective bargaining agreement with
respect to an office, component, subcomponent, or equivalent
of the Department that is a successor to an office,
component, subcomponent, or equivalent of the Department
covered by the agreement before the succession.
``(f) Required Regulations.--The Secretary, in coordination
with the Director of the Office of Personnel Management,
shall prescribe regulations for the administration of this
section.
``(g) Annual Report.--(1) Not later than one year after the
date of the enactment of this section and not less frequently
than once each year thereafter until the date that is five
years after the date of the enactment of this section, the
Secretary shall submit to the appropriate committees of
Congress a detailed report on the administration of this
section during the most recent one-year period.
``(2) Each report submitted under paragraph (1) shall
include, for the period covered by the report, the following:
``(A) A discussion of the process used by the Secretary in
accepting applications, assessing candidates, ensuring
adherence to veterans' preference, and selecting applicants
for vacancies to be filled by an individual for a qualified
position.
``(B) A description of the following:
``(i) How the Secretary plans to fulfill the critical need
of the Department to recruit and retain employees in
qualified positions.
``(ii) The measures that will be used to measure progress.
``(iii) Any actions taken during the reporting period to
fulfill such critical need.
``(C) A discussion of how the planning and actions taken
under subparagraph (B) are integrated into the strategic
workforce planning of the Department.
``(D) The metrics on actions occurring during the reporting
period, including the following:
``(i) The number of employees in qualified positions hired,
disaggregated by occupation, grade, and level or pay band.

[[Page 13909]]

``(ii) The placement of employees in qualified positions,
disaggregated by directorate and office within the
Department.
``(iii) The total number of veterans hired.
``(iv) The number of separations of employees in qualified
positions, disaggregated by occupation and grade and level or
pay band.
``(v) The number of retirements of employees in qualified
positions, disaggregated by occupation, grade, and level or
pay band.
``(vi) The number and amounts of recruitment, relocation,
and retention incentives paid to employees in qualified
positions, disaggregated by occupation, grade, and level or
pay band.
``(E) A description of the training provided to supervisors
of employees in qualified positions at the Department on the
use of the new authorities.
``(h) Three-year Probationary Period.--The probationary
period for all employees hired under the authority
established in this section shall be three years.
``(i) Incumbents of Existing Competitive Service
Positions.--(1) An individual serving in a position on the
date of enactment of this section that is selected to be
converted to a position in the excepted service under this
section shall have the right to refuse such conversion.
``(2) After the date on which an individual who refuses a
conversion under paragraph (1) stops serving in the position
selected to be converted, the position may be converted to a
position in the excepted service.
``(j) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(2) The term `collective bargaining agreement' has the
meaning given that term in section 7103(a)(8) of title 5.
``(3) The term `excepted service' has the meaning given
that term in section 2103 of title 5.
``(4) The term `preference eligible' has the meaning given
that term in section 2108 of title 5.
``(5) The term `qualified position' means a position,
designated by the Secretary for the purpose of this section,
in which the incumbent performs, manages, or supervises
functions that execute the responsibilities of the United
States Cyber Command relating to cyber operations.
``(6) The term `Senior Executive Service' has the meaning
given that term in section 2101a of title 5.''.
(b) Conforming Amendment.--Section 3132(a)(2) of title 5,
United States Code, is amended in the matter following
subparagraph (E)--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (ii) the following new
clause:
``(iii) any position established as a qualified position in
the excepted service by the Secretary of Defense under
section 1599e of title 10;''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of title 10, United States Code, is
amended by inserting after the item relating to section 1599d
the following new item:

``Sec. 1599e. United States Cyber Command recruitment and retention.''.
______

SA 3778. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 2410, to authorize appropriations for fiscal year
2015 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XII, add the following:

SEC. 1268. CONGRESSIONAL OVERSIGHT OF CIVILIAN NUCLEAR
COOPERATION AGREEMENTS.

(a) Thirty-year Limit on Nuclear Exports.--
(1) In general.--Notwithstanding section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) and except as provided in
paragraph (2) and subsection (b), no license to export
pursuant to an agreement that has entered into force pursuant
to the requirements of such section 123 may be issued after
the date that is 30 years after the date of entry into force
of such agreement.
(2) Exceptions.--The restriction in paragraph (1) shall not
apply to--
(A) any agreement with a country that is a member country
of the North Atlantic Treaty Organization, or Australia,
Israel, Japan, the Republic of Korea, New Zealand, the Taipei
Economic and Cultural Representative Office in the United
States (TECRO), or the International Atomic Energy Agency;
(B) any agreement that had entered into force as of August
1, 2014; or
(C) any amendment to an agreement described in subparagraph
(A) or (B).
(b) Extension of Existing Agreements.--Congress may, in the
final five years of the 30-year time limit applicable to the
issuance of export licenses pursuant to an agreement under
subsection (a)(1), enact a joint resolution permitting the
issuance of such licenses for an additional period of not
more than 30 years without the President submitting a new
agreement pursuant to the requirements of section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153).
(c) Applicable Law.--Each proposed export pursuant to an
agreement described under this section shall be subject to
United States laws and regulations in effect at the time of
each such export.
______

SA 3779. Mr. PRYOR (for Mr. Murphy) proposed an amendment to the
resolution S. Res. 520, condemning the downing of Malaysia Airlines
Flight 17 and expressing condolences to the families of the victims; as
follows:

In the fourth whereas clause of the preamble, insert ``more
than'' before ``10 additional aircraft''.

____________________

AUTHORITY FOR COMMITTEES TO MEET

committee on banking, housing, and urban affairs

Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Banking, Housing, and Urban Affairs be authorized to meet during the
session of the Senate on July 31, 2014, at 10 a.m. to conduct a hearing
entitled ``Financial Products for Students: Issues and Challenges.''
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on commerce, science, and transportation

Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be authorized to meet during
the session of the Senate on July 31, 2014, at 10:30 a.m. in room SR-
253 of the Russell Senate Office Building a hearing entitled ``Domestic
Challenges and Global Competition in Aviation Manufacture.''
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on finance

Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Finance be authorized to meet during the session of the Senate on
July 31, 2014, at 10 a.m. in room SD-215 of the Dirksen Senate Office
Building.
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on foreign relations

Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on July 31, 2014, at 2:15 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

select committee on intelligence

Mr. CARDIN. Mr. President, I ask unanimous consent that the Select
Committee on Intelligence be authorized to meet during the session of
the Senate on July 31, 2014, at 3 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

subcommittee on financial institutions and consumer protection

Mr. CARDIN. Mr. President, I ask unanimous consent that the Committee
on Banking, Housing, and Urban Affairs Subcommittee on Financial
Institutions and Consumer Protection be authorized to meet during the
session of the Senate on July 31, 2014, at 2 p.m. to conduct a hearing
entitled ``Examining the GAO Report on Expectations of Government
Support for Bank Holding Companies.''
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

NOMINATIONS

Executive nominations received by the Senate:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

RAFAEL J. LOPEZ, OF MARYLAND, TO BE COMMISSIONER ON
CHILDREN, YOUTH, AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN
SERVICES, VICE BRYAN HAYES SAMUELS, RESIGNED.

OVERSEAS PRIVATE INVESTMENT CORPORATION

CARMEN AMALIA CORRALES, OF NEW JERSEY, TO BE A MEMBER OF
THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE INVESTMENT
CORPORATION FOR A TERM EXPIRING DECEMBER 17, 2015, VICE
MATTHEW MAXWELL TAYLOR KENNEDY, TERM EXPIRED.

DEPARTMENT OF COMMERCE

MANSON K. BROWN, OF THE DISTRICT OF COLUMBIA, TO BE AN
ASSISTANT SECRETARY OF COMMERCE, VICE KATHRYN D. SULLIVAN,
RESIGNED.

[[Page 13910]]

THE JUDICIARY

ALLISON DALE BURROUGHS, OF MASSACHUSETTS, TO BE UNITED
STATES DISTRICT JUDGE FOR THE DISTRICT OF MASSACHUSETTS, VICE
RYA W. ZOBEL, RETIRED.
AMIT PRIYAVADAN MEHTA, OF THE DISTRICT OF COLUMBIA, TO BE
UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUMBIA,
VICE ELLEN SEGAL HUVELLE, RETIRED.

IN THE AIR FORCE

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

MAJ. GEN. STEVEN L. KWAST
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

MAJ. GEN. TERRENCE J. O'SHAUGHNESSY

IN THE ARMY

THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be brigadier general

COL. SCOTT G. PERRY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE
OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 12203:

To be brigadier general

COL. JOSEPH J. HECK
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be major general

BRIG. GEN. MARK S. INCH

IN THE NAVY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be admiral

VICE ADM. PHILIP S. DAVIDSON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

REAR ADM. DIXON R. SMITH

IN THE AIR FORCE

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:

To be lieutenant colonel

LISA L. ADAMS
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:

To be colonel

RICHARD D. MINK
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:

To be lieutenant colonel

PETER BRIAN ABERCROMBIE II
MATTHEW P. ACER
GREGORY M. ADAMS
JEFFREY S. ADAMS
MICHAEL J. ADAMS
SCOTT L. ADAMS
SHILETTE M. ADDISON REED
STACEY L. ADORISIO
RAJ AGRAWAL
COREY M. AKIYAMA
CARMELO ALAMO, JR.
DANZEL W. ALBERTSEN
FREDERICK V. ALDRICH
MICHAEL C. ALFARO
MATTHEW R. ALLEN
WILLIAM H. ALLEN, JR.
MAELI A. ALLISON
MATTHEW R. ALTMAN
LAWRENCE JAMES ANDERLEY
ANTHONY W. ANDERSON
CHRISTOPHER A. ANDERSON
JASON R. ANDERSON
JAY K. ANDERSON
JEFFREY P. ANDERSON
STEPHEN P. ANDERSON
MICHAEL R. ANDREWS
SOUNDER R. ANDREWS
TEODORO G. APALISOK
DARRELL M. APILADO
JERRETT A. ARCHER
DANIEL J. ARKEMA
ADONIS C. ARVANITAKIS
MARK L. ASHMAN
MATTHEW A. ASTROTH
JAMES W. ATCHLEY, JR.
JASON E. ATTAWAY
RANDALL R. AUSTILL
DANNY AVILA
ALAN B. AVRIETT, JR.
ERIK M. AXT
MANUEL J. AYALA
STEVEN J. AYRE
SARAH S. BABBITT
JASON R. BACHELOR
CRAIG S. BAILEY
GREGORY P. BAILEY
BLAINE L. BAKER
LUKE A. BAKER
SARAH NELSON BAKHTIARI
BRIAN A. BALAZS
NICHOLAS J. BALDWIN
JASON W. BALES
JOHN I. BALL
GREGORY M. BARNES
RENAE BARNES
RICHARD D. BARNHART
CRAIG R. BARRINGTON
BRENDON C. BARTHOLOMEW
CASEY J. BARTHOLOMEW
JEFF K. BARTLETT
PAUL G. BATISH
MELVIN I. BAYLON
THERESA D. BEAVER
TIMOTHY D. BECK
MARIA T. BEECHER
BERNIE E. BEIGH
JENNIFER B. BEISEL
ALPHONZO R. BELCHER
ZDRAVKO BELIC
ISAAC T. BELL
JONATHAN B. BELL
SHAUN G. BELLAMY
MATTHEW M. BELLE
BRIAN J. BENJAMIN
NELSON P. BENNETT
CARLOS E. BERDECIA
CHRISTIAN M. BERGTHOLDT
ALULA B. BERHANE
GAVIN A. BERNE
JAY A. BERTSCH
ANGEL E. BETANCOURT TOYENS
DAVID A. BETHEL
MARK C. BETTERS
THOMAS E. BIERLY
MARK C. BIGLEY
ADAM DEWAIN BINGHAM
ERIC M. BISSONETTE
ERIC R. BIXBY
ANDREW H. BLACK
JOHN D. BLACKMAN
FELICIA A. BLAIR
MICHAEL R. BLISS
ANQUENETTA BLOUNT
TIMOTHY R. BOBINSKI
SEAN BOLDT
JOEL ANDREW BOLINA
WILLIAM H. BONES
DAVID E. BONN
JOSEPH M. BONNER
SANDRA A. BONNEY
TIMOTHY E. BOOK
STEPHEN F. BOOTH
DAVID A. BOPP
DENNIS M. BORRMAN
RAFAEL A. BOSCH
GREGORY D. BOSCHERT
DEREK M. BOUGHNER
CHAD T. BOWDEN
THOMAS R. BOWMAN
CHRISTOPHER D. BOYD
MICHAEL M. BOYNTON
DAVID J. BOYTIM
DENVER M. BRAA
ANDRE R. BRADLEY
PATRICK L. BRADYLEE
WILLIAM D. BRAGG
BRADLEY L. BRANDT
COLE L. BRAY
MICHAEL P. BRAZDA
CHRISTOPHER W. BREFFITT
ADAM C. BRIGHT
JUSTIN E. BRIGHT
ROBERT J. BROOKS
TROY J. BROSKOVETZ
AHAVE E. BROWN, JR.
ANDRE L. BROWN
DAVID M. BROWN
JOEL N. BROWN
KIRK C. BROWN
MICHAEL W. BROWN
STEVEN P. BRUMMITT
ELAINE M. BRYANT
MICHAEL T. BRYANT
PARKIN C. BRYSON
AARON R. BUCK
CHRISTOPHER J. BUCKLEY
CHRISTOPHER J. BUECHLER
JAMES J. BUESSING, JR.
LAURA M. BUNYAN
ROBERT A. BURDETTE
JAMES L. BURGESS
JEREMIAH J. BURGESS
SIERRA C. BURGESS
KRISTINA C. BURNE
WILLIAM ROBERT BURNS
ANDREW L. BURROUGHS
MICHAEL S. BURTON
MATTHEW L. BUSCH
RODERIC K. BUTZ
KEVIN W. BYRD
JOSE L. CABRERA
CHRISTOPHER GARY CAIN
LUIS N. CAIRO
JOHN D. CALDWELL
MICHAEL B. CAMPBELL
ERIC W. CANNELL
JERALD M. CANNY
JOHN T. CANTY
MICHAEL A. CAPOZZI
NICOLE L. CAPOZZI
BRIAN W. CAPPS
RICHARD A. CAREY
THOMAS K. CARR
ERIC M. CARRANO
CHRISTOPHER D. CARROLL
KENDRICK L. CARROLL
CHARLES L. CARTER
JASON R. CASE
JONATHAN P. CASEY
JOSE L. CASTANEDA
JOSHUA A. CATES
HILBURN B. CAULDER
JASON P. CECCOLI
DAVID J. CHABOYA
DAVID S. CHADSEY
JASON D. CHAMBERS
BRIAN D. CHANDLER
MICHAEL D. CHARLES
RAYMOND H. CHESTER, JR.
JUSTEN D. CHILBERT
KEVIN R. CHILDS
MATTHEW S. CHISAM
RYAN PATRICK CHMIELEWSKI
BRIAN D. CHRISTENSEN
CHAD KENNETH CISEWSKI
BRANT CLARK
BRENT CLARK
MATTHEW J. CLAUSEN
ROBERT C. CLAY
RYAN D. CLEVELAND
JAMES L. CLINE
JOSHUA R. CLOSE
ROBERT N. J. CLOUSE
MAX A. COBERLY, JR.
SANDRA J. COBLE
CHRISTOPHER B. COCHRAN
ROBERT P. M. COCKE
RICO C. CODY
MITCHELL J. COK
JASON M. COLBORN
JAMES W. COLE III
SHAD K. COLGATE
CHRISTOPHER W. COLLINS
RANDY C. COMBS
RYAN P. COMBS
LEE A. COMERFORD
BRIAN S. CONFER
MICHAEL A. CONTARDO
JAMES H. COOKE
THOMAS M. COOKE
WILLIAM G. COOLEY
CORY A. COOPER
ALAN F. COPELAND
JERRYMAR J. COPELAND, JR.
CHRISTOPHER SINCLAIR CORBETT
SHAWN P. COREY
DARYL G. CORNEILLE
MICHAEL S. CORNELIUS
JAMES F. CORRIGAN, JR.
JOSEPH D. COUGHLIN
ADAM J. COURT
BRUCE A. COX
JOSHUA R. CRAIG
TODD M. CRAIG
JAMES F. CRAWFORD, JR.
KIM M. CRAWFORD
NATHAN A. CREECH
NIGEL H. CRISP
HEATHER R. CROOKS
RYAN A. CROWLEY
FERNANDO J. CRUZ
KEVIN CUARTAS
DENNIS C. CUMMINGS
ANDREW B. CUNNAR
DEREK M. CUNNINGHAM
MARCUS A. CUNNINGHAM
SCOTT R. CUNNINGHAM
ROBERT C. CUSTER
JAMES H. DAILEY
CORY M. DAMON
RAYMOND L. DANIEL
BRADLEY D. DARLING
JOHN M. DAUTEL
PAUL T. DAVIDSON
DENNY R. DAVIES
DARRIN B. DAVIS
TASSIKA M. DAVIS

[[Page 13911]]

WALLACE B. DAVIS
JOHN P. DAVITT
KAREN M. DAYLEHORSLEY
BRETT A. DEANGELIS
MICHAEL E. DEAVER
KENNETH S. DEGON
ANTHONY J. DEGREGORIA
MONIQUE C. DELAUTER
NICHOLAS E. DELCOUR
LEWIS A. DEMASO
RYAN T. DERZON
PATRICK T. DIERIG
NATHAN E. DILLON
BRANT A. DIXON
DOUGLAS J. DODGE
FREDERICK W. DOHNKE
JEREMY A. DOMB
DAVID H. DONATELLI II
MICHAEL J. DOOLEY
CRAIG L. DORN
JOEL KENT DOUGLAS
DAVID L. DRUMMOND
PATRICK J. DUBE
APRIL M. DUCOTE
CHRISTOPHER M. DUFFETT
PETER J. DUFFY
BRYAN D. DUKE
GREGORY C. DURHAM
RYAN E. DURHAM
BEN T. DUSTMAN
BRYAN J. DUTCHER
RICOCARLO C. DY
CHESLEY L. DYCUS
KEVIN J. EBERHART
CHRISTOPHER J. EBERTH
JASON T. EDDY
RYAN G. EDDY
ANGELA C. EDMONDSON
MICHAEL A. EDMONSTON
JOSHUA C. EGAN
ROBERT F. EHASZ
MATHEW W. ELLEBY
GARRY L. ELLIOTT
OLIVIA S. ELLIOTT
TYLER J. ELLISON
JONATHAN J. ELZA
WENDY I. ENDERLE
TAONA A. ENRIQUEZ
JOSEPH M. ESLER
N. KEIBA J. ESTELLE
MATTHEW W. ESTOUP
JOHN T. ETHRIDGE
JASON R. EVANS
MARCY R. EVANS
JILL M. EVENSKI
STEWART A. EYER
CHRISTOPHER G. EYLE
ALEXANDER B. FAFINSKI
DAVID A. FAGGARD
MATTHEW T. FARLEY
ROBERT A. FAUSTMANN
ALLAN J. FEEK
TIFFANY A. FEET
RONALD G. FEHLEN
LARRY FENNER
EDWARD G. FERGUSON
ADRIANA M. FERNANDEZ
GABRIEL J. FERNANDEZ
CHRISTOPHER A. FERNENGEL
JAMES CECIL FIELDS II
AMANDA R. FIGUEROA
ISRAEL FIGUEROA RODRIGUEZ
JEFFREY J. FINCH
WILLIAM F. FISH, JR.
ERIK S. FISHER
KATHRYN E. FITZGERALD
ERIC A. FLATTEM
SCOTT M. FLEMING
CHARLES R. FLETCHER
FRANCISCO A. FLORES
BRIAN M. FLUSCHE
SCOTT E. FOREMAN
JOSEPH D. FORTIN II
ROBERT W. FOWLER
IAN M. FRADY
MICHAEL U. FRANCIS
ABIGAIL A. FRANDER
AARON J. FRANKLIN
JAMEY K. FRAZIER
SCOT A. FRECHETTE
BENJAMIN S. FREEBORN
MARK J. FRIESEN
CARL E. FROHMAN
KASEY L. FRY
TIMOTHY B. FUHRMAN
BUD M. FUJIITAKAMOTO
CHARISE J. FULLER
BREANNA D. FULTON
MICHAEL S. FURMAN
LARRY W. GABE
ANDREW J. GABRIELSKI
STEVEN J. GADOURY
DEREK P. GALLAGHER
MICHAEL S. GALLAGHER
JUDE I. GAMEL
DAVID A. GARAY
CHRISTOPHER P. GARDNER
DAVID M. GARNER
DAVID K. GARON
MICHAEL C. GARZA
STEVE J. GARZA II
JOHN F. GAUGHAN
JOHN A. GAZZAWAY
BRIAN D. GEBO
EMILY D. GEBO
CHAD A. GEMEINHARDT
CHRISTOPHER D. GENTILE
BENJAMIN E. GEORGE
BRIAN M. GEORGE
EDWIN GERMOSEN
BRIAN S. GERWE
ANDREW J. GEYER
GAVIN G. GIGSTEAD
HARDY T. GILES II
MICHELLE MYRTIS GILL
SCOTT A. GILLER
MICHAEL J. GILMORE
JOSEPH L. GILPIN
RICHARD S. GLADE
NATHAN E. GLAUVITZ
BRADLEY C. GLENISTER
AMY M. GLISSON
JEFFREY M. GODZIK
CRISTIN A. GOERLITZ
AMY L. GOFF
RUSSELL D. GOHN
DANIEL M. GOLDSMITH
JOSE A. GONZALEZ
STEVEN J. GORMAN
RICHARD A. GRAB
STEPHEN C. GRAHAM
THOMAS JERROLD GRAHAM
MICHAEL E. GRAHN
KEVIN A. GRANT
ROBERT L. GRANT
ERIK B. GRATTEAU
BRIAN S. GREANIA
BRENT A. GREER
YADIRA C. GREESON
JEREMY R. GREY
BRIAN D. GRIFFIN
AARON B. GRIFFITH
ROBERT E. GRIMMETT III
ROFELIO LAVENON GRINSTON
PATRICK E. GRUBER
KYLE B. GRYGO
BRUCE T. GUEST
COLE W. GULYAS
ANTHONY M. GURRIERI
SAMANTHA M. HABERLACH
DOUGLAS E. HABERSTROH
NATHAN D. HAGERMAN
LEE D. HAGES
MICHAEL L. HAIRE
EDWARD W. HALE
ERIC D. HALER
JEFFREY J. HALL
PATRICK G. HALL
SCOTT B. HALL
SHAWN TRAVIS HALL
PETER S. HALSEY
DENNIS J. HAMILTON
HENRY J. HAMILTON
REBECCA A. HAMILTON
TUCKER R. M. HAMILTON
JEREMIAH J. HAMMILL
JACOB L. HAMMONS
JOSHUA M. HAMPTON
CHARLES R. HANCOX
GUNNAR J. HANKINS
TIMOTHY B. HANKS
KIRK M. HANSEN
CHRISTOPHER A. HANSON
BRADLEY J. HARBAUGH
BRIAN L. HARDEMAN
WILLIAM M. HARDIE
MARIBEL HARMON
JOEL T. HARPER
CHAD A. HARRIS
FENCISCO N. HARRIS
TYLER B. HARRIS
JOHN M. HARRISON
MICHAEL R. HARRISON
AARON HART
WILLIAM B. HARTMAN
WALTER B. HARVEY
CHARLES E. HASSELL
DORY L. HASSON
KATHLEEN M. HASSON
MATTHEW C. HASSON
JIMMY DALE HATAWAY
RYAN T. HAYES
CHARLES A. HEBERT
DAVID A. HEINITZ
TIMOTHY M. HELFRICH
JOHARI J. HEMPHILL
DANIEL C. HENDERSON
ERIC K. HENDRICKSON
JAMES M. HENDRICKSON
DANIEL M. HERVAS
ALEXANDER L. HEYMAN
PATRICK N. HICKS
KEVIN D. HICOK
RHETT S. HIERLMEIER
TRAVIS J. HIGGS
LORI M. HINDERER
CONOR W. HINEY
DANIEL J. HINGLEY
PETER L. HINRICHSEN
PAUL H. HINSON
NATHAN J. HIPPE
CATHERINE E. HOARD
HOUSTON B. HODGKINSON
BRAD K. HOFFMAN
DAVID A. HOFFMAN
GREG J. HOFFMAN
GREGORY S. HOFFMAN
BRYAN M. HOKE
WILLIAM D. HOLL
DOUGLAS R. HOLLIDAY
CHIP W. HOLLINGER
JOHN C. HOLLISTER
TAMMY L. HOLLISTER
RAYMOND G. HOLSTEIN III
AUSTIN D. HOOD
JAMES T. HORNE
CHARLOTTA D. HORNIG
JASON P. HOUSTON
CHRISTOPHER J. HUBBARD
JAMES A. HUDNELL
JASON E. HUFF
CHRISTOPHER M. HUGHES
COLIN P. HUGHES
BOBBY L. HUNT
THOMAS A. HUTTON
JOHN R. HUTZEL
MATTHEW T. HYLAND
CHRISTOPHER V. IAVARONE
DAVID P. ILGENFRITZ
DENISE N. ILKAY
JOSHUA J. IMME
THAROMMONY T. IN
JOSEPH A. INGRAM
DUSTIN R. IRELAND
IAN M. IRVINE
SARAH E. ISBILL
RYAN L. ISMIRLE
JASON D. JACKSON
KENNETH L. JACKSON, JR.
ERIC D. JACOBS
ANGELA M. JACOBSON
KEVIN M. JAMES
NICHOLAS C. JAMESON
JAMMIE LYNN HIMSL JAMIESON
MARCUS W. JANECEK
ERIC J. JANSKI
JESSE JARAMILLO
JORGE F. JARAMILLO
JACOB S. JAWORSKI
ALVIN J. JENKINS
KENT R. JENSEN
SCOTT A. JENSEN
JIMMY J. JEOUN
DANIEL S. JERDAN
DAVID F. JOHN
ANDRE M. JOHNSON
BRANDON E. JOHNSON
CAREY F. JOHNSON
CHRISTOPHER A. JOHNSON
DANIEL C. JOHNSON
ERIK S. JOHNSON
JOHN A. JOHNSON, JR.
KIP E. JOHNSON
KIRK W. JOHNSON
MATTHEW K. JOHNSON
MISTY G. JOHNSON
PETER MATHIAS JOHNSON
SCOTT G. JOHNSON
TREAVOR G. JOHNSON
MATTHEW R. JOHNSTON
DAVID W. JONES
GREG L. JONES
JUDSON B. JONES
MICHAEL W. JONES
STEVEN C. JONES
WILLIAM J. JONES
JOEL T. JORGENSEN
CHRISTOPHER T. JOYCE
KEVIN W. JUSTICE
MARSEY K. JUSTICE
ANDREW J. JUTTE
DOUGLAS A. KABEL
TETSUO KAIEDA
JASON M. KALIN
JASON M. KALMAN
KARIE DENISE KAPISE
PETER E. KASARSKIS
JEFFERY S. KASSEBAUM
ANDREW V. KATZ
MICHAEL D. KAUN
RYAN B. KAY
RYAN M. KEHOE
CRAIG DOUGLAS KEITER
MATTHEW R. KENKEL
JOANN N. KENNEALLY
HARRY L. KENNER
JAMES GREGORY KERLEY
TYLER SCOTT KERN
EDWARD KIM
TORY D. KINDRICK
MARY M. KING
TIMOTHY A. KIPP
SHAMEKA N. KIRK
TROY A. KIRK
THOMAS C. KISIO
BRANIN W. KLAUSMAN
MARK P. KLEEMAN
DAVID J. KLEIN
JASON W. KLINKEL
MICHAL KLOEFFLER HOWARD
JOSHUA J. KLOTH
BRIAN L. KNAUF
RICHARD A. KNISELEY II
BRIAN K. KOCH
CHAD D. KOHOUT
ROBERT J. KONGAIKA

[[Page 13912]]

ANDREAS T. KONHAEUSER
CARISSA N. KORAN
NATHAN C. KORAN
WILLIAM C. KOSTAN
MICHAEL A. KOVALCHEK
RICHARD R. KOVSKY
BENJAMIN R. KOWASH
ALEX E. KRAUSE
MIA L. KREIMEIER
CHRISTOPHER M. LACEK
JAMES A. LADD
JAMES M. LAFERRIERE
JEFFREY R. LAFLEUR
MARK R. LAHEY
JESSE W. LAMARAND
STEVEN N. LAMB
ROBERT L. LAMORE
MICHAEL S. LANDERS
NADINE C. LANDRUM
SHAUN J. LANDRY
BETH C. LANE
BRIAN D. LANE
CRAIG A. LANE
REBECCA S. LANGE
AARON C. LAPP
PETER F. LARRABEE
BENJAMIN J. LAUBSCHER
ERIC W. LAZENBY
DAVID C. LEAUMONT
MATTHEW T. LEBLANC
GREGORY S. LECRONE
CHRISTOPHER B. LEDFORD
DARRYL B. LEE
KEVIN R. LEE
KIMBERLY E. LEE
PETER J. S. LEE
ANDREW R. LEGAULT
JEREMY C. LEIGHTON
JOHN SCOT C. LEMKE
BRETT M. LENT
STEPHEN H. LEPRELL
STEVEN J. LEUTNER
ANDRE PIERRE A. LEVESQUE
MICHAEL B. LEWIS
TY C. LEWIS
CHAD R. LICHTY
JAN P. LINCH
LONNIE N. LINGAFELTER
BREEA J. LISKO
JEROME C. LITZO, JR.
VINCENT B. LIVIE
JUSTIN A. LONGMIRE
RICARDO J. LOPEZ
ROBERT M. LOPEZ
RICHARD A. LOPEZDEURALDE
CHRISTOPHER J. LOVETT
ALBERT F. LOWE
RAYNA W. LOWERY
JOHN LUCAS
GRANT E. LUDEMAN
ANGEL J. LUGO
WILLIAM S. LUSSIER
RICHARD H. LYON
CLARK C. MABRY
TONYA Y. MACK
JUSTIN D. MACKEY
WILLIAM T. MACLIN
MICHAEL J. MADDOX
MICHAEL D. MAGINNESS
STEPHEN J. MAILE
DONALD P. MAMMANO
JON A. MANCUSO
MATTHEW L. MANNING
ZACHARY D. MANNING
NICOLE C. MANSEAU
NATHAN L. MANSFIELD
MIHAI MANTA
JOSHUA K. MARCUS
KEVIN A. MARES
JAMES M. MARION
MICHAEL J. MARLIN
CHRISTOPHER M. MARONEY
JENNINGS B. MARSHALL
STEVEN A. MARSHALL
TONY L. MARSHALL
VERNON P. MARTENS
ANDREW A. MARTIN
JAROD MARTIN
NICHOLAS H. MARTIN
ALFRED P. MARTZ
ANTHONY P. MASSETT
PETER C. MASTRO
AARON J. MATE
ELIZABETH B. MATHIAS
BROOKE P. MATSON
TODD A. MATSON
ETHAN W. MATTOX
SEWARD E. MATWICK
DAVID M. MAX
SCOTT H. MAY
MICHAEL H. MAYO
MICHAEL G. MCCARTHY
ANTHONY S. MCCARTY
TIMOTHY K. MCCARTY
KEVIN K. MCCASKEY
BRYON E. C. MCCLAIN
SCOTT H. MCCLAIN
MICHAEL L. MCCONNELL
BARBARA L. MCCOY
BRIAN M. MCCREARY
WILLIAM G. MCCULLEY
JASON E. MCDONALD
DAVID P. MCDONNELL
WILLIAM A. MCDOWELL II
RICHARD F. MCELHANEY, JR.
KELLY D. MCELVENY
STEPHEN D. MCFADDEN
JOHNNY RAYMOND MCGONIGAL
WADE H. MCGREW
KEITH C. MCGUIRE
LANCE H. MCINNISH
BRIAN P. MCINTYRE
JOSHUA M. MCINTYRE
BRIAN E. MCKAY
MATT G. MCKINNEY
STEVEN E. MCMENAMIN
JOHN D. MCMILLEN
AMANDA R. MCMILLIAN
ALFRED J. MCNABB
GRANT W. MCNELIS
SHAWN M. MCPHERSON
CLARENCE F. MCRAE, JR.
ADRIAN A. MEADOWS
ROBERT S. MEANLEY, JR.
MICHAEL S. MEDGYESSY
JASON W. MEDSGER
JEURNEY KRISSTOPHA MEEKINS
CHRISTOPHER A. MEHLHAFF
TYSON S. MEINHOLD
MARTIN A. MENTCH
TODD P. MERCER
MICHAEL J. MERIDITH
CHRISTOPHER M. METHVIN
STEAVEN A. MEYER
KEVIN R. MEYERS
JOSEPH R. MICHAELSON
MARC J. MIEDZIAK
JOHN A. MIKAL
ALEXANDER J. MILLER
BRANDON L. MILLER
JAKE L. MILLER
MARC K. MILLIGAN
MATTHEW D. MINKLEY
GENEVIEVE N. MINZYK
MICHAEL S. MINZYK
WAYLON SAMUEL MITCHELL
BROCK D. MOLDEN
ALLEN H. MONROE
ADAM E. MOORE
GARY B. MOORE
JASON P. MOORE
JOHANNES C. MOORE
RACHAEL M. MOORE
SHANNON E. MOORE
DAVID J. MORALES
ROBIN D. MOREE
CLIFFORD W. MORGAN
BRIAN C. MORITZ
YOSEF A. MORRIS
LAMONT C. MORROW
KLIFFORD W. MOSLEY
JOSEPH J. MUHLBERGER
GREGORY D. MULLEN
CHRISTOPHER REID MULLINS
STEVEN P. MULLINS
MICHAEL P. MURPHY
ANNA M. MURRAY
CRISTIAN A. MURRAY
JAMES P. MURTHA
DAYLIN S. MYERS
JOHN P. MYERS
RYAN J. NASH
EARL D. NAST
NORA J. NELSON
DAN ARON NEWTON
BEAU M. NICEWANNER
BARRY C. NICHOLS
GEORGE E. NICHOLS
BRIAN M. NICOSIA
STEVEN M. NIEWIAROWSKI
JOHN S. NOLAN, JR.
ANDREW E. NORDIN
JAMES D. NORMAN
JORDAN P. NORMAN
IVAN G. NORMANDIA
VICTOR R. NORRIS
PETER CHARLES NORSKY
REID J. NOVOTNY
DAVID P. NUCKLES
THOMAS F. NUGENT II
JANA R. A. NYERGES
STEVEN R. OBANNAN
PHILLIP B. OBRIANT
BRIAN R. OCONNELL
VINCENT J. OCONNOR
ROBERT L. ODOM
BRIAN J. OGRADY
CHRISTIAN J. OGROSKY
JUN S. OH
KEITH A. OHALLORAN
KENDRA B. OHLSON
BURT N. OKAMOTO
JOSEPH E. OKASINSKI
LLOYD D. OLINGER
STEVEN W. OLIVER
KIRK M. OLSON
PETER T. ONEILL
MATTHEW P. OSTERHAGE
CHRISTOPHER R. OTT
EVART B. OUTLAW
BRIAN C. OWEN
JAMES P. OWEN
THOMAS J. OZIEMBLOWSKY
ANDREW T. PACIONE
DEBORAH A. PACKLER
BRIAN M. PALMER
CLINT TINEI PALMER
STEWART J. PARKER
JARED D. PASLAY
ALLISON M. PATAK
DANIEL J. PATAK
ERIC S. PATTON
SCOTT R. PAUL
DAMIEN F. PAVLIK
CARL R. PAWLING
KATHRYN A. PAYNE
TODD D. PEARSON
JOSHUA C. PECK
NICHOLAS R. PEDERSON
STEVEN J. PENA
IVAN A. PENNINGTON
CARLOS M. PERAZZA
FRANCISCO PEREZ DE ARMAS
DWAYNE S. PEREZ
OLEXIS O. PEREZ
GUY PERROW
TY A. PERSCHBACHER
JAVIN C. PETERSON
JOSHUA W. PETRY
RYAN THONG V. PHAM
KENRIC L. PHILLIPS
MATTHEW T. PHILLIPS
JUSTIN W. PICCHI
BENJAMIN L. PIERCE
ANTHONY J. PINTO
JOHN I. PLATT
CHARLES G. PLOETZ
PHILIP W. POEPPELMAN
JEREMY M. PONN
JOHN D. POOLE
BILLY E. POPE, JR.
JOSHUA M. POPE
PATRICK A. PORTELE
OSCAR F. PORTILLO
JASON F. POWELL
MICHAEL A. POWELL
CHRISTOPHER D. POWER
KEVIN C. PRATTE
AMY R. PREDMORE
FRANK E. PREDMORE
GREGORY J. PREISSER
MATTHEW S. PUCKETT
TIMOTHY D. PURCELL
AARTI U. PURI
NATHAN R. PURTLE
JEREMY S. PUTMAN
DEREK A. RACHEL
JUSTIN B. RADFORD
RAZVAN N. RADOESCU
JUSTIN L. RAMEY
CHRISTIAN E. RANDALL
DAVID L. RANSOM
BRYAN F. RARIDON
OMAR T. RASHID
JONATHAN D. RATCHICK
ANDREW BRIAN RAY
ROBERT P. RAYNER
ERIC M. REAGAN
JASON A. REED
JOHN C. REED
ROBERT W. REED
JASON H. REGISTER
CHRISTOPHER K. REID
JASON H. REID
REGGIE T. REID
JADE N. REIDY
JEREMY L. RENKEN
ADAM G. RESSLER
SHELDON A. RESSLER
RYAN S. REYNOLDS
DEREK R. RHINESMITH
ERIC A. RICE
MICHAEL P. RICHARD
CAMERON RICHARDSON
SERGIO RIOS
AMY M. RIVERA
DELBERT R. RIVERA
AARON J. RIVERS
JOSEPH W. ROACH
MICHAEL J. ROBERSON
DAVID VERNON ROBERTS
GREGORY R. ROBERTS
CHRISTOPHER J. ROBINSON
CRAIG S. ROBLYER
LARRY L. ROCHAT
GEOFFREY J. ROCHE
JAMES F. ROCHE
JOSHUA H. ROCKHILL
BRENT A. ROCKOW
ANIBAL J. RODRIGUEZ
JULIO E. RODRIGUEZ
KATHRYN N. ROMAN
JULIUS C. ROMASANTA
CHRISTOPHER G. RONESS
JASON J. ROSS
BRADLEY A. ROTHWELL
NATHAN P. ROWAN
JEFFREY S. ROWSEY
JOHN W. ROYAL
JAY L. RUESCHHOFF
BRADLEY A. RUETER
MATTHEW C. RUSSELL
ROBERT M. RUSSELL
DANIEL M. RUTTENBER
LISA B. RYAN
SCOTT B. RYAN

[[Page 13913]]

FRANCIS M. SAAVEDRA
CHRISTOPHER J. SAETTEL
STEVEN SAKS
ANTONIO V. SALAZAR
ABRAHAM D. SALOMON, JR.
ANTHONY J. SAMPSON
MICHAEL J. SANDER
GEORGE R. SANDERLIN
SARAH C. SANTORO
JARED M. SANTOS
MATTHEW P. SATTLER
GREGORY M. SAVELLA II
EVAN T. SCAGGS
JOHN N. SCARLETT
ERIC A. SCHAFER
HENRY B. SCHANTZ
MATHEWS C. SCHARCH
DANIEL E. SCHERDT
RICHARD B. SCHERMER
JACOB D. SCHERRER
DYANN L. SCHILLING
JAMES L. SCHLABACH
ERIC W. SCHMIDT
JAYSON H. SCHMIEDT
LUKE J. SCHNEIDER
PETER J. SCHNOBRICH
JOSHUA B. SCHORE
JEFFREY J. SCHRUM
CHARLES E. SCHUCK
PATRICK J. SCHULDT
RANDY D. SCHWINLER
MICHAEL J. SCIANNA
AMY N. SCOTT
BRIAN L. SEALOCK
LUIS A. SEGURA
JAMES M. SELL
TAPAN SEN
DANIEL F. SEVIGNY
RICHARD S. SEYMOUR
BRANDON G. SHADE
BILLY SHAW
DENISE A. SHEA
JOHN D. SHELL
GARON L. SHELTON
ADAM C. SHICKS
KENNETH W. SHINN
KENNETH M. SHIRLEY
JEREMIAH A. SHOCKLEY
LEONARD M. SHORES III
ROBERT E. SHRADER
JASMIN SILENCE
JAMES D. SILVA
CHARLES R. SILVANIC, JR.
JASON W. SIMMONS
DAVID W. SIMPSON
BRIANA J. SINGLETON
JENNIFER J. SITZ
LORENZO SLAY, JR.
JASON J. SLEGER
MARK ANDREW SLETTEN
NISHAWN S. SMAGH
CLAYTON A. SMALL
PATRICK H. SMILEY
KRISTOFFER SMITH RODRIGUEZ
ANDREW R. SMITH
BRIAN C. SMITH
BRIAN D. SMITH
CHRISTOPHER D. SMITH
JEFFREY A. SMITH
JEREMY J. SMITH
JESSE L. SMITH
MARTY T. SMITH
TREVOR K. SMITH
VINCENT B. SMITS
PATRICK S. SMYTH
DOUGLAS A. SNEAD
LESLIE R. SNODGRASS, JR.
KEITH H. SNOOK, JR.
JON M. SNYDER
BRANDON H. SOKORA
JOHN T. SOPHIE
WALTER J. SORENSEN
SHAWN T. SOUTH
SETH W. SPANIER
MATTHEW R. SPEARS
ALLEN M. SPECHT
HUGH P. SPONSELLER
SIDNEY S. SQUIRES
BRIAN D. SROUFE
THOMAS C. STADY
DAVID I. STAMPS
MATTHEW S. STANFORD
JOSEPH M. STANGL
FREDERICK M. STANLEY
WESLEY B. STARK
JOHN G. STAUDT III
GEOFFREY M. STEEVES
CHADWICK M. STEIPP
CHANSE D. STEPHENS
CHRISTOPHER R. STEPHENS
DARRYLE STEPHENS
JON B. STEVENS
GERALD A. STEVENSON
STERLING M. STEWART
JONATHAN U. STICKA
TODD M. STINCHFIELD
SAMUEL CLAIRE STITT
WILLIAM F. STORMS
KENNETH A. STREMMEL
MARLON J. STRICKLAND
JUSTIN L. SUTHERLAND
ROSS H. SUTHERLAND
WILLIAM K. SWAN
NICHOLAS J. SWEENEY
SCOTT R. SWEENEY
ANTHONY SYLVAIN
MEGHAN M. SZWARC
FRANK A. TARAVELLA
ERIK M. TARNANEN
REGINA J. TATE
JEFFREY L. TAYLOR
LATRESE M. TAYLOR
SCOTT M. TAYLOR
JASON M. TEAGUE
AARON H. TELTSCHIK
LAURA C. TERRY
NATHAN B. TERRY
JOHN C. THARP
RYAN L. THEISS
ERIC D. THERIAULT
LIZA MOYA THERIAULT
JAY C. THOMAS
MARK R. THOMAS
RONALD L. THOMAS
STEVEN J. THOMAS
SCOTT THOMASON
ERIC D. THOMPSON
HARLEY P. THOMPSON
JASON I. THOMPSON
JEFFREY R. THOMPSON
JACOB M. THORNBURG
THOMAS M. THORP
CRAIG A. THORSTENSON
ROBERT S. THROWER
ANTHONY L. TILLMAN
MATTHEW P. TINKER
BRYAN M. TITUS
JAMES P. TOBIN
SHAMEKIA N. TOLIVER
TYLER C. TOLLMAN
CHRISTOPHER A. TOOMAN
AARON O. TORCZYNSKI
NICHOLAS A. TORRES
BRENT J. TOTH
ROBERT C. TOURNAY
TODD E. TRACY
BRYAN E. TRINKLE
PETER A. TRITSCH, JR.
MATTHEW R. TROVINGER
ANTHONY A. TRUETTE
TRAVIS C. TRUSSELL
ERIC A. TUCKER
WILLIAM D. TUCKER
CHRISTOPHER A. ULIBARRI
BRYAN T. UNKS
NICHOLAS D. UNRUH
EMILIO J. URENA
LEAH B. VANAGAS
BRIAN H. VANCE
DAVID ALLEN VANPELT
MARK F. VANWEEZENDONK
JASON C. VAP
JENNIFER L. VARGA
RAFAEL A. VARGASFONTANEZ
MARC A. VASSALLO
WILLIAM J. VAUSE
FRANCISCO VEGA
JEREMY D. VERBOUT
MARIO O. VERRETT
BRIAN P. VESEY
ROBERT D. VIDOLOFF
CHRISTINA DUNN VILE
DAVID W. VILLARREAL
DANIEL J. VISOSKY
GREGORY S. VOELKEL
ROBERT A. VOLESKY
DAMON C. VORHEES
GREGORY W. VOTH
ELWOOD T. WADDELL
JAMIE M. WADE
AARON D. WALENGA
TOBY LOUIS WALKER
TODD A. WALKER
CAROLYN J. WALKOTTE
KIMBERLY Y. WALLACE
LONZO E. WALLACE
DANIEL P. WALLICK
LEON H. WALTS, JR.
TERRY L. WANNER, JR.
JASON T. WARD
THOMAS C. WARD
DAVID M. WARE
DOUGLAS M. WARREN
THOMAS C. WASHBURN
ANA C. WATKINS
WARREN B. WATKINSON II
JOSEPH C. WATSON
DAVID T. WATTS
JEFFERY C. WATTS
NEAL A. WATTS
CEDRIC D. WEATHERLY
CHRISTOPHER J. WEATON
STEPHANIE L. WEAVER
VANESSA C. WEED
THOMAS F. WEGNER
WILLIAM L. WEIFORD III
KENNETH H. WEINER
MATTHEW R. WEINSCHENKER
JOHN S. WELCH
CHRIS T. WELLBAUM
JAMES E. WELLS
RACHEL A. WELLS
FRANK W. WELTON
REBECCA M. WELTON
AMANDA J. G. WERKHEISER
JASON E. WEST
TONI J. WHALEY
NEIL D. WHELDEN
ANTHONY D. WHITE
JUSTIN D. WHITE
MICHELLE M. H. WHITFIELD
JOSEPH E. WHITTINGTON, JR.
STEVEN P. WICK
KEVIN W. WIERSCHKE
GEORGEREECO J. WIGFALL
JASON W. WILD
SHAUN M. WILLHITE
DANIEL L. WILLIAMS
JASON EDWARD WILLIAMS
JEREMY E. WILLIAMS
DANIEL P. WILLISON, JR.
CARL C. WILSON
DAVID J. WILSON
ERIC W. WILSON
MARCUS D. WILSON
RICHARD G. WILSON
SHEENA L. WINDER
JAMES M. WINNING
DOUGLAS R. WITMER
RANDOLPH B. WITT
JAMES D. WOMBLE
CHRISTOPHER C. WOOD
NICHOLAS S. WOODROW
TANNER G. WOOLSEY
RICHARD H. WORCESTER
CHRISTOPHER M. WRIGHT
NORMAN P. WRIGHT
PAUL B. WURSTER
REID J. WYNANS
NICHOLAUS A. YAGER
SEAN E. YARBROUGH
MARK L. YARIAN
STEVEN D. YELVERTON
CHRISTIAN C. YERXA
MARK T. YOUKEY
KEITH A. YOUNG
ROBERT M. YOUNG
RONNIE B. YOUNG
EVER O. ZAVALA
RYAN A. ZEITLER
ERIC D. ZION
MICHAEL E. ZISKA
ERIC J. ZUHLSDORF
JASON C. ZUMWALT
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10,
U.S.C., SECTION 624:

To be major

DAVID L. ALLISON
MELANIE N. ASBURY
ANDREW M. BRUTON
ANTHONY COCHET
ANDREW L. CORNELIUS
LARRY E. MYLES II
DAVE C. PRAKASH
KENNETH R. RICHMOND
KIRSTEN J. SJOSTRAND
LAVANYA VISWANATHAN
KWANI D. WILLIAMS

IN THE ARMY

THE FOLLOWING NAMED OFFICER FOR REGULAR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10,
U.S.C., SECTION 531:

To be lieutenant colonel

CLAUDIA D. HENDERSON
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant colonel

JESSE ABREU
GERARD M. ACOSTA
TOD A. ADDISON
TRAVIS D. ADKINS
KEVIN W. AGNESS
RICKY L. ALLBRITTON
STEPHEN R. ALLYN
PATRICK B. ALMOND
WILLETTE L. ALSTONWILLIAMS
CHRISTOPHER W. ANDERSON
KEVIN W. C. ANDERSON
MATTHEW S. ARBOGAST
DAPHNE H. AUSTIN
BRETT A. AYVAZIAN
JOHN M. BALBUENA
PAUL R. BAMONTE
STEFAN R. BANDAS, JR.
GRANT B. BANKO
DACHELLE D. BANKS
ROB W. BARNHILL
AARON T. BARTH
KARL J. BEIER
SHARI R. BENNETT
SCOTT M. BISHOP
PAUL M. BONANO
ERIC L. BOOKER
ERIC L. BOWEN
LUCAS J. A. BRAXTON
ANDRE L. BROWN
JACOB M. BROWN
MARVIN J. BROWN, JR.

[[Page 13914]]

YVETTE L. BROWN
TAVI N. BRUNSON
NATHANAEL D. BRYANT
LAVERN T. BURKES
JULIE L. BURMEISTER
BEIRE D. CASTRO
DAVID A. CENTENO, JR.
EDGAR A. CERDA
FAITH M. CHAMBERLAIN
MARIA CHAMORRO
DAVID C. CHANDLER, JR.
MARK A. CHEATHAM
JILL N. CHENEY
ROBERT E. CICCOLELLA
MICHAEL C. CIMATO
BONNIE B. B. CLEMENTE
BYRON T. COLEMAN
MELISSA R. COLEMAN
CHRISTOPHER F. CONLEY
BRIAN T. COURTER
RODNEY O. CRENSHAW
GEORGE S. CROCKATT
ELIZABETH H. CURTIS
JOHN R. CUVA
KANDACE M. DAFFIN
WILLIAM R. DAILEY III
SCOTT E. DAVIDSON
MELVIN T. DAVIS III
LAURA C. DECLOUETSMITH
ERIC B. DENNIS
LESLIE A. DESANDER
KHANH T. DIEP
BRIAN T. DOERR
JORGE A. DOLMO
ANTHONY E. DOUGLAS
RICHARD T. DOWNS
ANDREW J. DUUS
ERIK J. DYE
C M. DYER III
BOYCE L. EDWARDS, JR.
MEKELLE L. EPPERSON
ANGEL R. ESTRADA
JOSEPH EVANS
NICOLE E. FISCHER
MICHAEL S. FLETCHER
KELLY L. FRENCH
MICHAEL R. GAINES
JAMES M. GALLAGHER
BRUCE P. GANNAWAY
CEDRIC D. GASKIN, JR.
MATTHEW A. GIERTZ
ERIN M. GILLIAM
JACQUELINE M. GLAZE
KELVIN L. GRAVES
HENRY S. GROULX
ANH H. HA
MICHAEL D. HAGERTY, JR.
MICHAEL F. HAMMOND
SHERRIE L. HANCOCK
CHRISTOPHER HARVEY, SR.
CHAD B. HAYES
KEVIN G. HEINONEN
RICHARD D. HELLING
HAROLD P. HENDERSON, JR.
CONNIE V. HERBIN III
JOSEPH M. HERMAN
ROBERT M. HICKS
DARIUS M. HIGHSMITH
CHRISTOPHER P. HILL
CRYSTAL M. HILLS
ROBERT D. HILTON, JR.
LETICIA M. HINES
JOSHUA D. HIRSCH
STEVEN W. HOLDEN
NED C. HOLT
DANIEL L. HORN
ANDREW T. HOTALING
YU K. HU
GEORGE K. HUGHES
ANTHONY E. HUGHLEY
ROBIN D. HUSTED
ADRAIN C. JACKSON
FRANK E. JEFFERSON, JR.
JEYANTHAN JEYASINGAM
DAVID A. JIMENEZ
BENJAMIN G. JOHNSON
ROBIN A. JOHNSON
DALE A. JONES
DAMAR K. JONES
NATASHA S. JONES
RHONDA E. JONES
SHAWN L. KADLEC
JASON M. KAHNE
JOSHUA M. KEENA
ROBERT L. KELLAM
ROLAND A. KELLER, JR.
HOWELL M. KELLY
SEAN P. KELLY
BRIAN J. KETZ
DAVID P. KEY
ROBERT G. KLARENBACH
JEFFREY M. KUTTER
JOSHUA J. LAMOTTE
MICHAEL A. LAPORTE
ANDREW D. LEE
JIM A. LEE
GREGORY W. LEIPHART
EDWARD LEWIS
PETER LIN
PHILLIP R. LOPEZ
ANDREW S. LUNOFF
ANDREW P. MACK
DARCY S. MANION
SARAH K. MARSHREAD
TIMOTHY E. MATTHEWS
CHRISTOPHER L. MAY
THOMAS G. MCFALL
CRAIG M. MCILWAIN
JAMES W. MCKENNA
BRETT M. MEDLIN
MATTHEW S. METCALF
ETHAN J. MILLS
SANDRA D. MINGWILKS
DAMIKO K. MOORE
MARK S. MORGAN
STEVEN W. MORRIS
DETRICE D. MOSBY
BRIAN S. NEILL
TERRANCE R. NEWMAN
JARED P. NOVAK
ROBERT L. OBER
TRACEY J. A. OLSON
EMMITT K. OSBORNE II
JAMES T. OUTLAND
MARK D. OWENS
AARON A. PARKER
KARRIE M. PATTERSON
BRIDGETTE L. PAYTON
DOUGLAS J. PELUSO
JOHNNY A. PEREZ
TODD D. PERODEAU
PETER M. PERZEL
JAMES P. PETE
ROBERT L. PETROSKY, JR.
JAMIE M. PHELPS
GEORGE M. PLANSKY
KEVIN M. POLOSKY
LISA M. PRUITT
STEVE L. RAGEL
GRETA A. RAILSBACK
ROLAND E. RAMIREZ
EFRAIN RAMOS
JOE A. RATLIFF
HARVEY R. RAVENHORST
JAMES W. READ
JONATHAN D. REEVES
BENJAMIN B. REX
PERCY W. RHONE, JR.
MICHAEL A. RICCIARDI
DOUGLAS C. RICHTER
TONI M. RIEKE
MARK D. RIPLEY
ROBERT G. RIVERS
ERIC C. ROBINSON
MELISSA M. ROSOL
SHAWN C. ROSS
DANIEL A. ROWELL
JOSEPH J. RUSH, JR.
RIZALDO D. L. SALVADOR
GINA D. SANNICOLAS
PATRICK L. SCHACHLE
JUSTIN C. SCHAEFFER
JOHN L. SCHIMMING
MICHAEL G. SCHOONOVER
JAY S. SCHRODER
TONYA L. SEBOLD
ROD W. SECOR
JUSTIN R. SHELL
ANTHONY R. SHERRILL
SHANE D. SIMS
EDWARD L. SLEEPER
SHAWANTA D. SMART
ADAM D. SMITH
RODNEY C. SMITH
RYAN D. SMITH
SEAN D. SMITH
STEVEN R. SMITH
TAURUS D. SMITH
LANCE M. SNEED
CHRISTIAN SOLINSKY
KENNETH E. SOSA
BRIAN M. SPURLOCK
MELISSA A. SQUIZZEROLEE
GEORGE J. STEFFENS
SCOTT H. STEPHENSON
MICHAEL C. SUAREZ
TIMOTHY SUGARS
BRETT C. SWANKE
JASON F. TATE
STACY M. TOMIC
TRAVIS D. TRAINER
KECIA M. TROY
ROCKY R. VAIRA
SANTEE B. VASQUEZ
LISA A. VILLARREALRENNARD
WALLY VIVESOCASIO
JEFFREY E. WAGSTAFF
FRANCES K. WALKER
RALPH L. WARE
DAVID G. WATSON
DAVID M. WEESE
GAIL L. WEGE
GINGER L. WHITEHEAD
TREVOR D. WIECK
BRYAN J. WILEY
MICHAEL J. WILLIAMS
MICHELLE M. WILLIAMS
JULIA A. WILSON
ROBERT B. WILSON
NATHAN N. WINN
ROBERT J. WOLFE
DAVID J. YOUNG
JOSEPH W. YOUNG
JAMES J. ZACCHINO, JR.
RYAN B. ZACHRY
D001385
D011286
D011399
D011933
D003102
D011406
D011861
D012122
D011533
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY AS A CHAPLAIN UNDER TITLE
10, U.S.C., SECTIONS 624 AND 3064:

To be lieutenant colonel

SUN S. MACUPA
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant colonel

BRIAN S. ADAMS
JOHN A. ADAMS
STEPHAN E. ADAMS
EDWARD M. ALLEN III
VINCENT A. AMERENA
LEIGHTON W. ANGLIN
RONALD E. ANZALONE
CHE T. AROSEMENA
THOMAS J. ARRIAGA
JASON B. AVERY
DUSTIN J. BAADTE
BRETT A. BAIR
MICHAEL B. BAKA
MICHELLE L. BALDANZA
DAVID A. BARBER
JAMES A. BARBER
ANTHONY P. BARBINA
JAMES R. BARROWS
STEPHEN L. BATTLE
ANDREW M. BEAL
BENNY R. BEASLEY
KEVEN P. BEATTIE
HENRY M. BENNETT, JR.
HOLLI A. BENNETT
PHILLIP A. BERGERON
JOHN M. BERGMAN
ROBERT P. BEUERLEIN
BRANDON A. BISSELL
JEREMY N. BLACK
CHRISTOPHER T. BLAIS
AARON D. BOHRER
MANDI L. BOHRER
GARY S. BONHAM
JAMES L. BOOTH
KEVIN D. BRADLEY
KELBY V. BRAKE
JOSEPH S. BRANNON
MATTHEW A. BREITBACH
THOMAS J. BROCK, JR.
JAY W. BROOKE
SCOTT T. BROOME
CHRISTOPHER D. BROUGH
JASON S. BROWN
LOYD W. BROWN
SEAN M. BROWN
DANFORD W. BRYANT II
KEITH D. BRYANT
JOSEPH P. BUCCINO
AMY L. BURROWS
MICHAEL A. BUSBY
SHAWN D. BUTLER
THOMAS A. CALDWELL
GREGORY V. CAMPION
SCOTT C. CAPEHART
PAUL S. CARLOCK
DARRELL W. CARR
JOHN P. CARSON IV
TANEHA N. CARTER
STEPHEN V. CARUSO
JOHN M. CASIANO
CHARLES B. CAUDILL
JON C. CECALUPO
SCOTT B. CHENEY
JUSTIN M. CHEZEM
JASON A. CLARKE
KAREN L. CLARKE
DAVID S. CLUKEY
CHARLES J. COGGER
BRYAN K. COHOON
FORREST V. COOK
JASON T. COOK
DONALD E. CRAWFORD II
KEVIN G. CROOKS
JOHN C. CROTZER
JESSE T. CURRY
JAMES R. CUTCHIN
MATTHEW P. CUVIELLO
ADAM J. CZEKANSKI
HERBERT A. DANIELS, JR.
MICHAEL R. DAVIS
RICHARD J. DAVIS
WILLIAM L. DAVIS
JAMES C. DAYHOFF
DAMON A. DELAROSA
MATTHEW B. DENNIS
ANDREW T. DEPONAI
DAVID S. DIAZ
CARL D. DICK
JEREMY J. DIGIOIA

[[Page 13915]]

BYRON A. DOBSON
DWIGHT D. DOMENGEAUX, JR.
ARAM M. DONIGIAN
JOHN C. DONLIN
SEAN P. DONNELLY
BRYAN T. DONOHUE
PATRICK A. DOUGLAS
ROBERT F. DOUGLAS
STEPHEN E. DOUGLAS
JAMES W. DOWNING
EARL DOYLE
TIMOTHY H. DRAVES
BRIAN M. DUCOTE
ANDREW R. DUPREY
JONATHAN A. EASLEY
PAUL B. EBERHARDT
SAMUEL G. EDWARDS
JAMES M. EGAN
RYAN J. ELLIS
BARRETT M. EMENHEISER
SCOTT J. EMMEL
JOEY L. ERRINGTON
JOHNNY A. EVANS, JR.
MATTHEW S. FARMER
ALAN E. FAYE
JOHN M. FERNAS
EUGENE J. FERRIS
BRIAN J. FICKEL
SHANE F. FINN
MICHAEL T. FITZPATRICK
JANUS T. FRALEY
AARON L. FREEMAN
RECELLA S. L. FROBE
CHAD A. FROEHLICH
CHRISTOPHER FUHRIMAN
MARC P. GAGUZIS
BRYON G. GALBRAITH
JON R. GARDNER
MATTHEW B. GARNER
RUBEN GARZA
DARIN L. GAUB
JOSEPH R. GEARY
JOHN J. GEIS III
JASON T. GENTILE
BRIAN J. GERBER
WADE A. GERMANN
DANIEL C. GIBSON
JOHN B. GILLIAM
TIMOTHY L. GITTINS
PHILIP W. GODDARD III
MICHAEL GOMEZ
MATTHEW J. GOMLAK
MATTHEW F. GOODING
EVAN H. GOTKIN
JAMES M. GRANDY
SCOTT W. GRECO
ROBERT G. GREEN
ANGELA M. GREENEWALD
WILLIAM M. GRIESHABER
TIMON D. GROVES
STEVEN E. GVENTER
JEREMY T. GWINN
RAYMOND L. HAKEY, JR.
JEFFREY D. HALL
MICHAEL J. HALL
BRIAN P. HALLBERG
SALLY C. HANNAN
ERIC W. HARRELSON
BRYAN M. HARRIS
JONATHAN L. HARVEY
JOSEF S. HATCH
JOHN J. HAWBAKER
MARCUS C. HAY
MALCOLM G. HAYNES
RALPH D. HEATON
SEAN C. HEIDGERKEN
STEPHEN A. HEINZ
MICHAEL D. HELTON
JASON A. HENDERSON
WADE D. HERMAN
BRIAN D. HEVERLY
BRENDAN R. HOBBS
GEORGE A. HODGES
BRIAN T. HOFFMAN
KYLE M. HOGAN
ROBERT J. HOLCOMBE
DEXTER A. HOLLEY
EDWARD L. HOLLIS
BERNARD HOUSE
ROBERT C. HOWARD
JUSTIN R. HOWE
SCOTT L. HOWELL
RONALD J. HUGHES
RICHARD C. HYDE
RICHARD J. IKENA, JR.
JEFFREY E. IVEY
SEDRICK L. JACKSON
TRAVIS A. JACOBS
ERIC JACOBSON
JASON R. JAJACK
JEREMY W. JAMES
RANDY P. JAMES, JR.
ANDREW JASSO
NICHOLAS C. JENKINS
BJORN D. A. JOHNSON
RODNEY D. JOHNSON
HARRY H. JONES IV
ANDREW Q. JORDAN
CHRISTOPHER E. JUDGE
MARK A. KAPERAK
STEPHEN M. KAPLACHINSKI
CHRISTOPHER G. KASKER
EDWARD W. KEEL
BLAKE W. KEIL
DEREK R. KELLER
ZACHARY D. KERNS
RYAN D. KEYS
JAMES A. KIEVIT
ROSS A. KILBURN
ROBERT C. KIMMEL
LIAM J. KINGDON
CHRISTOPHER J. KIRK
ANDREW J. KISER
DAMON M. KNARR
JEFFREY R. KNUDSON
ERIC J. KUNAK
STEVEN J. KURCZAK
ADAM J. LACKEY
DONALD J. LAGRANGE
PHILLIP H. LAMB
CHRISTOPHER V. LANE
THOMAS E. LAYBOURN
JEFFREY J. LESPERANCE
CHRISTOPHER M. LEUNG
RYAN P. LEVESQUE
ADAM J. LEWIS
ALEXANDER C. LOVASZ
ADAM L. LOWMASTER
SHARON R. LYGHT
EDWARD J. LYNCH
GARY J. LYSAGHT
TRENT J. LYTHGOE
THOMAS N. MACMILLIN
TIMOTHY M. MAHONEY
JOHN A. MAILMAN, JR.
MICHAEL J. MANNION
LAFRAN MARKS
CHRISTOPHER M. MARQUEZ
DAVID C. MARTIN
ELIZABETH A. MARTIN
TIMOTHY S. MARZANO
JARRET D. MATHEWS
EDWIN D. MATTHAIDESS III
ROBERT W. MATTHEWS
RAYMOND M. MATTOX
JAMES D. MAXWELL
MICHAEL R. MCCARSON
BRIAN E. MCCARTHY
PATRICK M. MCCARTHY
GINAMARIE MCCLOSKEY
TRAVIS E. MCCRACKINE
CHRISTOPHER C. MCGARRY
SEAN P. MCGEE
WILLIAM P. MCGLOTHLIN
KASI E. MCGRAW
TIM M. MCGREW
GEOFFREY M. MCKENZIE
THURMAN C. MCKENZIE
SCOTT W. MCLELLAN
KALI A. MCMURRAY
ROBERT B. MCNELLIS
STEVEN R. MEEK
JUAN R. MEJIA
JON W. MEREDITH
MATTHEW A. MERTZ
KEYES M. METCALF
CARY J. METZ
RYAN M. MIEDEMA
JACOB W. MILLER
SCOTT D. MILLER
TIMOTHY M. MILLER
DUSTIN R. MITCHELL
JAMES M. MITCHELL
PATRICK C. MOFFETT
CHANDA I. MOFU
JOHN J. MONTGOMERY
PETER J. H. MOON
RYAN I. MOORE
RODNEY J. MORGAN
JOHN D. MORIS
JASON C. MORITZ
CHRISTOPHER S. MORRIS
MICHAEL G. MOUROUZIS
CARLOS E. MOYA
JEFFREY M. MUNN
JENNIFER A. MYKINS
BRIAN J. NEWILL
JASON M. NIERMAN
DAVID A. NORRIS
LANCE A. OBRYAN
SEAN M. OCONNELL
MARTIN L. ODONNELL
CHRISTOPHER W. OGWIN
DAVID R. OLSEN
EMANUEL L. E. ORTIZCRUZ
MARK A. PACZYNSKI
DANIEL W. PADGETT
DAVID J. PAINTER
JAMES T. PALMER
WAYNE D. PARE
FREDRICK B. PARKER
MICHAEL S. PARSONS
SHAWN M. PATRICK
ROBERT J. PAWLAK
MARC E. PELINI
SCOTT A. PENCE
ROBERT E. V. PETTY
ROBERT W. PHILLIPS
JUSTIN D. PIERSON
ESTHER S. PINCHASIN
CHIP POTTER
JEFFREY M. PRAY
WILLIAM C. PRUETT
JUSTIN B. PUTNAM
LANDON M. RABY
ISAAC J. RADEMACHER
FREDERICK D. RAMIREZ
CARLOS A. RAMOS
JONATHAN R. RASTALL
MATTHEW C. RAWLINS
DANIEL P. RAYCA
OTIS E. REGISTER III
ANDREW R. RIES
JOHN J. RIPA
ALEXIS RIVERAESPADA
BRIAN C. ROEDER
JOSE E. ROSARIOMENENDEZ
SIDNEY D. ROSENQUIST
JASON H. ROSENSTRAUCH
ROBERT J. ROSS
MATTHEW L. ROWLAND
JOSHUA R. RUISANCHEZ
KEVIN L. RUNKLE
ROBERTO SALAS
ROSA C. SANCHEZ
JOHN W. SANDOR
VICTOR R. SATTERLUND
ERIC M. SAULSBURY
BRIAN P. SCHOELLHORN
CORY E. SCHOWENGERDT
GREGORY M. SCHREIN
GERALD P. SCHUCK
WALKER W. SCOTT III
JEFFREY A. SEARL
EDWARD A. SEDLOCK, JR.
JONATHAN K. SHAFFNER
KEVIN R. SHARP
JAMES E. SHERIDAN
MICHAEL J. SHOUSE
JASON C. SHROPSHIRE
MICHAEL J. SIEBER
KEVIN W. SIEBOLD
MICHAEL A. SINES
KURT N. SISK
CHARLES E. SLAGLE III
JAMES J. SMITH
MATTHEW E. SNELL
DAVID J. SNODDERLY
PAUL H. SNYDER
KENT G. SOLHEIM
REYNALDO F. SOLIZ, JR.
MORGAN G. SOUTHERN
SEAN A. SPENCE
DAVID K. SPENCER
SCOTT R. SPURRIER
CHRISTOPHER D. STANGLE
JOHN E. STEEN II
MICHAEL P. STEWART
TED L. STOKES, JR.
MARK T. STONE
DEREK P. STORY
DENNIS P. SUGRUE
JOEY J. SULLINGER
NATHAN S. SURREY
JARED J. SUTTON
DANIEL L. SWANSON
JOSEPH L. SWINDLE
KELVIN P. SWINT
ANTHONY E. TANGEMAN
ASHLEY F. THAMES
DOUGLAS M. THOMAS
CHRISTIAN A. THOMPSON
BEAU W. TIBBITTS
JOHN E. TIEDEMAN
TERRY R. TILLIS
GREGORY S. TILY
PAUL J. TOOLAN
JASON C. TOWNSEND
CLINT E. TRACY
KEVIN M. TRUJILLO
MATTHEW P. TUCKER
RICHARD P. TUCKER
JAMES E. TULLY
JEREMY R. TURNER
BILLY J. VANCUREN
JAMES M. VANG
LOUIS VENEZIANO
ERIC P. VETRO
WILLIAM D. VICKERY
DARYL S. VONHAGEL
WILLIAM D. WADE
DAVID M. WARD
MATTHEW D. WASHBURN
KARIN L. WATSON
MARK C. WEAVER
THAD D. WEIST
JOHN C. WELCH
MARCUS S. WELCH
RANDALL D. WENNER
JASON L. WEST
ERIC A. WESTPHAL
SETH A. WHEELER
SCOTT C. WHITE
MICHAEL T. WHITNEY
KIRK J. WHITTENBERGER
RICHARD T. WILLBANKS
EDWARD O. WILLIAMS
EVERETT C. WILLIAMS
TIMIKA M. WILSON
CHRISTOPHER W. WINGATE
ROBERT J. WISHAM
JOHN P. WISHART
KARL M. WOJTKUN
JOHN S. WOO
MICHAEL L. WOOD
TIMOTHY L. WOODRUFF

[[Page 13916]]

MARCUS W. WRIGHT
RYAN E. YEDLINSKY
JAYSEN A. YOCHIM
ANDREW P. YODER
DANIEL R. YOUNG
JUDD K. YOUNG
PATRICK R. YOUNG
WILLIAM M. YUND
WILLIAM J. ZIELINSKI
MATTHEW T. ZIGLAR
JOHN J. ZOLLINGER
D002263
D011237
D012184
D002129
D006292
D011134
D002302
D011350
D011956
D005922
D011554
D010207
D012106
G010266
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant colonel

CLARK C. K. ADAMS II
LEONARDO ADAMS
MICHAEL J. ADAMSKI
KRISTOPHER S. ALEXANDER
MICHAEL P. ANDERSON
KRISTIN M. ARNEY
MICHAEL A. AVILA
CHRISTOPHER H. BACHMANN
STEPHEN J. BANKS
THEODORE A. BANNER
JACQUELYN M. BARCOMB
LEE A. BARNARD
MATTHEW C. BENIGNI
DEREK S. BICKLER
JOSEPH C. BILBO
WADE C. BIRDWELL
DONALD E. BISHOP
RICHARD A. BLACKBURN, JR.
TIMOTHY P. BLANCH
KATIE J. BLUE
KENNETH N. BOOK
JOSHUA J. BRADLEY
LOUIVE B. BROGAN
CHRISTOPHER P. BROOKE
DONALD K. BROOKS
ANDREW P. BROSNAN
ANDRE M. BROWN
ANDREW R. BROWN
KEVIN P. BUETTNER
DAVID H. BURNHAM
BOBBY R. BURRUS
MATTHEW D. BUTT
ANDREW D. BYRD
NATHANEAL R. BYRNES
KATHLEEN S. CAGE
ERICA L. CAMERON
JASON L. CAMPBELL
STUART B. CATE
JAMES C. CHENEY
KWOK F. CHIU
ANDREW P. CLARK
SEAN P. COAKLEY
DUDLEY J. COBB
JOHN A. COFIELD
JUSTIN K. COLBERT
ROBERT L. COLLINS III
JOSHUA B. COMSTOCK
JUSTIN D. CONSIDINE
JONATHAN D. CORNETT
EDWARD L. COX
ZACHARY W. COYAN
ROBERT R. CRAIG
MELLYORA K. CRAWFORD
JUAN R. CUELLAR
STEVEN B. CUNNINGHAM
STEPHEN M. DAIL
ILYA DASHEVSKY
ANNA M. DAVIS
JEFFREY A. DAYTON
VICTOR M. DEEKENS
CHRISTOPHER S. DENHAM
MARK A. DENTON
PAUL K. DONNELL
JOHN C. DRAKE
ANDREW A. DUGGER
CHRISTOPHER J. DUNCAN
PATRICK D. DUNCAN
JOHNATHAN K. EASLER
JOSEPH H. EVANS, JR.
PAUL J. EWALD
BRETT T. FEHRENBACHER
BRIAN P. FLEMING
BRENT D. FOGLEMAN
BRYCE E. FREDERICKSON
SEAN J. GALLAGHER
BRIAN M. GELLMAN
ROBERT T. GERALD
JEFFREY T. GIBBONS
JOSHUA A. GILLEN
MICHAEL D. GOSSETT
AARON M. GOULD
BRYAN N. GROVES
JOSEPH C. GUIDO, JR.
STEPHEN M. HALL
BRIAN K. HAMILTON
JOSHUA J. HAMILTON
ROBERT J. HANNAH
BRETT I. HANSON
EDMOND A. HARDY
MATTHEW D. HASTING
ANTON J. HEDRICK
GLEN R. HEES
MATTHEW W. HEIM
WILLIAM D. HEMPHILL
ANDREW J. HIERSTETTER
JIMMY W. HILL
JOHN P. HILTZ
KEITH D. HOCKMAN
JOHN J. HOSEY, JR.
ROBERT R. HOUSTON
SAMUEL H. HUDDLESTON
MIKEL E. HUGO
NATHAN C. HURT
JOHN M. IVES
BRIAN P. JACOBSON
CRAIG S. JAYSON
ROBERT J. JOHANEK
BYRON G. JOHNSON
JAMES R. JOHNSON
JERAMIE D. JOHNSON
ROBERT R. JOHNSTON II
DAMIAN M. JONES
LEONARD E. JONES
MICHAEL R. JONES
JEFFREY C. KACALA
BRIAN M. KADET
CHARLES J. KARELS
CARLOS J. KAVETSKY
GREGORY P. KEENEY
RICHARD A. KIPHUTH
DIANE E. KLEIN
MATTHEW D. KOEHLER
ERIK E. KOENIG
JONATHAN P. KOERNIG
MICHAEL T. KOSUDA
THOMAS J. KUCIK
KANAME K. KUNIYUKI II
YUKIO A. KUNIYUKI III
SHAWN W. KYLE
BRYAN D. LAKE
MICHAEL A. LANDIN
KARLTON L. LANE
PATRICK J. LANE
MARK J. LAVIN II
MATTHEW J. LENNOX
CHRISTIAN T. LEWIS
THEODORE T. LIEBREICH
BRETT D. LINDBERG
KELLEY D. LITZNER
CHARLES S. LOCKWOOD
GARY M. L. LYKE
NEILL A. MACLEOD III
MICHAEL I. MAHARAJ
CHRISTOPHER E. MARKS
CHRISTOPHER M. MARTINEZ
DANIEL I. MATTEI
ROBERT L. MAY
MICHAEL E. MCCARTHY
TARA L. MCCARTY
DAVIS K. MCELWAIN
CHARLES J. MCGARRY
PHILIP J. MCGOVERN
ROBERT E. MCGUIRE
KRISTIAN MCKENNEY
KEITH D. MCMANUS
DOUGLAS J. MCNAIR
ROBERT A. MCVEY, JR.
PAUL C. MEAUX
ANDREW J. MEETZE
RICHARD E. MICHAEL
STEPHEN J. MIKO
ZACHARY F. MILLER
GREGORY R. MITCHELL
ROBERT G. MITCHELL
BASEL M. MIXON IV
MATTHEW J. MOAKLER
GEORGE L. MOORE
DANIEL R. MORRIS
BRIAN M. MURNOCK
IAN H. MURRAY
RICHARD J. NOWINSKI
TERRENCE J. OCONNOR
MARTIN H. OKADA
FREDERICK H. ORNDORFF
CHRISTOPHER J. ORTIONA
CASSANDRA M. OWENS
DAVID E. OWENS
DUSTIN M. OWENS
JOSHUA G. PARRISH
BYRON C. PATERAS
CLAUDIA P. PENAGUZMAN
GLEN D. PENROD
KRISTY K. PERRY
JONATHAN T. PETTY
GREGORY D. PIPES
ANTHONY F. PISANO
BRANDON A. PRESSLEY
BRYAN C. PRICE
WAYNE E. PRINCE
NICHOLAS E. PRISCO
MATTHEW R. PROVOST
ROMEO QUREISHI
PABLO A. RAGGIO
JOSE A. RAMIREZ
MANUEL F. RAMIREZ
KLAUDIUS K. ROBINSON
SHAWNETTE M. ROCHELLE
JOSE R. RODRIGUEZ, JR.
MELBERT V. ROLDAN
JOSEPH A. ROMAN
JAMES M. ROSS
JASON K. ROUNDY
KELLIE S. ROURKE
JOHN A. RUCKAUF
PHILIP R. RUSIECKI
KENNETH J. RUTKA, JR.
TONI K. SABO
CADE M. SAIE
MELAN P. SALAS
FRANKLIN B. SCHERRA, JR.
JAMES A. SHAW
BRYAN P. SHRANK
CHRISTOPHER M. SIEGRIST
BENJAMIN R. SIMMS
JAMES A. SINK
KENNETH P. SIVERSON, JR.
CHARLES M. SMITH
DONALD E. SMITH II
BERNARD L. SNOW, SR.
SANG M. SOK
GENE R. SOUZA
MICHAEL P. STACHOUR
RYAN P. STAMATIS
THOMAS L. STJOHN, JR.
MICHAEL STURDIVANT
WILLIAM E. SYMOLON
CHRISTOPHER S. SYNOWIEZ
JEAN P. G. TARMAN
MARK A. TERRELL
MICHAEL D. TETER
KRIST G. THODOROPOULOS
CHRISTOPHER M. THOMAS
DAVID C. THOMAS
DARIN A. TIBBETTS
JAMES D. TOLBERT
CHRISTOPHER G. TURNER
JAMES O. TURNER, JR.
NICOLE E. VINSON
DAVID E. VIOLAND
VICTOR A. VOGEL III
ROBERT T. VOLK
JASON D. VULCAN
STEVEN B. WALDROP
JASON M. WARD
LATISHA M. WAYNE
JASON R. WHIPPLE
MARK R. WHITEMAN
SHANNON J. WHITEMAN
GEORGE B. WHITTENBURG
CHIKE T. WILLIAMS
DERRICK B. WILLIAMS
KRISTINA M. WILLIAMS
CARL J. WINOWIECKI II
TIMOTHY E. WOLFE
DANIEL C. WOOD II
PRINCETON D. WRIGHT
BRUNO A. ZITTO
BRENDA D. ZOLLINGER
D001245
D001992
D003840
D003879
D006536
D010105
D010490
D010740
D010779
D011333
D011359
D011367
D012109
D012186
G001008
G001232
G001288
G001298
G010051
G010059
G010212
G010269

IN THE NAVY

THE FOLLOWING NAMED OFFICER FOR REGULAR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTION 531:

To be captain

EDWARD J. EDER
THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT TO THE GRADE
INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION
531:

To be lieutenant commander

WILLIAM A. BURNS
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTION 531:

To be lieutenant commander

KEVIN L. BELL
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE
INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION
531:

[[Page 13917]]

To be commander

CLAYTON M. PENDERGRASS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

CASEY D. FERGUSON
ANTHONY K. TOBIAS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

CRYSTAL R. AANDAHL
TUESDAY L. ADAMS
KIMBERLY ALBERO
BRANDI M. ALFORD
TIMOTHY J. BENJAMIN
MOHNEKE V. BROUGHTON
SARA M. BROWN
MARK C. BUENO
STEPHANIE L. BURLESON
JEFFREY K. BURNEY
ERA P. BURROWS
MICHAEL D. BUSHEY
ARVELLA M. CASE
EDWARD R. CAVANAUGH
SARAH M. CHAMBERAS
KATHERINE M. CHIU
MARK W. CLARK, JR.
MARY S. CLEMENTS
CHRISTOPHER J. DAVIS
JEFFERY L. DEWEY
BRIAN P. DRZEWIECKI
ERIN M. EICKHOFF
BRANDI A. EPPERSON
COLLEEN L. FISHER
LADONYIA L. GRAHAM
DARCY R. GUERRICAGOITIA
MONICA L. HALL
WADE C. HANSON
KRISTEN A. HARDING
JUSTIN B. HEFLEY
MARIE J. HOOD
SACHIKO M. IKARI
ANGELA M. KELLY
GEORGE C. KRAFT III
MICHELLE L. LIND
KRISTIE L. LINDER
LAUREN B. LOGAN
JUBAL L. MARLATT
MICHELLE M. MCCORMICK
JOSEPH C. MCDONALD
MICHELLE K. MCKENNA
ELAINE P. MEDLEY
JEFFREY A. MILES
KATHERINE C. MONAGHAN
RACHEL E. NEWNAM
MELODY A. OCONNOR
NICHOLAS G. PEREZ
BYRON J. PETERSON
NICKY S. PETERSON
CHAD E. PHIPPS
SUSANNE M. PICKMAN
WOODY PIERRE
KELLY P. RICKETTS
JOSEPH I. ROMAN
MICHAEL T. RUCKER
RAMIR C. SALCEDO
JULIE M. SCHAUB
SONIA C. SCOTT
JAMIE E. SHERRY
KATHERINE E. STOWELL
SARAH J. T. TALLENT
JOSEPH A. UKE
TRACI J. VANDERMOLEN
TERRY D. VINCENT
MEGHAN L. WEAVER
STELLA J. WEISS
ALLYSON E. WHALEN
AHMON R. WHITE
JAMES H. WHITE
LILLIAN W. WHITE
LINA M. YECPOT
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

CYNTHIA N. ABELLA
KENDAL J. ALLMANBAILEY
MICHAEL R. ANDERSEN
SALIM M. AQIL
ROBERT B. ARTHUR
CHRISTINE M. BAKER
ANNA E. I. W. BECK
SCOTT P. BLACKHART
MATTHEW S. BOLDUC
CHRISTOPHER D. BRADLEY
TODD G. BRINGHURST
HEATHER M. BROWN
ANGEL J. CALVO
JOSEPH F. CAREY
SARA A. CHILCUTT
KATIANA CRUET
CHAD E. CUCA
JEFFREY K. DEAN
CHRISTOPHER D. DINDAL
JAMES K. DOLL
CARLA L. EPPEL
TODD A. EPPEL
DANIEL J. FUHRMANN
MORGEN Y. GARDNER
DEREK B. GATTA
JEREMY R. GIES
JOAN M. GONZALEZ
THOMAS D. GRUBBS
NICHOLAS J. HAMLIN
CHRISTOPHER M. HANSON
AARON G. HASSELL
DREW B. HAVARD
JASON L. HICKS
DANIEL J. HONL
ERIC M. HOWARD
JEFFREY T. HOYLE
SHAWNA L. JACKSON
STEPHEN W. JOHNDREAU
DORIS K. LAM
DEVIN J. LANGGUTH
KATHY A. LIGON
BRYAN S. MAY
MICHELLE M. MAYER
MATTHEW J. MILLER
DANIELLE T. MUCKENTHALER
JOSEPH R. MUCKENTHALER
DAVID A. MYERS
CODY J. NELSON
ANDREW J. PAKCHOIAN
ERIN R. PALMER
PHILIP PARK
JENNIFER M. PILBY
ALLEN D. RASMUSSEN
DAVID M. RASMUSSEN
CLAYTON T. RAU
FRANCISCO RODRIGUEZ
NOEL RODRIGUEZ
PAUL M. RUSSELL
DAVID J. RUSTHOVEN
LESLEY A. SACRAMENTO
YOUNGSEOK SEO
KAMBEZ SHUKOOR
MICHAEL A. SMITH
JULIE K. SUGUITAN
MICHAEL R. SYAMKEN
CHRISTOPHER E. VERZOSA
ERIC D. VILLARREAL
JAMES D. WARD
CHRISTOPHER P. WERMERSON
RACHEL L. WERNER
SHAUN T. WHITE
BARAK A. WRAY
YU ZHENG
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

CHRISTOPHER A. ADAMS
JENNIFER H. ANDERSON
DONALD A. BAKER III
STEVEN T. BENEFIELD
SHAWN L. BOOTSMA
GENEVIEVE M. F. CLARK
STEPHEN L. CLOER
GREGORY R. COATES
JASON M. CONSTANTINE
BRYAN J. DAVENPORT
DAVID S. DEESE
JAMES O. DEWEY
JASON M. DIPINTO
DAVID L. DUPREY
DEVON H. FOSTER
TODD D. FOWLER
CALVIN B. GARDNER, SR.
JASON A. GREGORY
ANDREW J. HAYLER
PAUL A. HYDER
GLEN D. KITZMAN
AARON E. KLEINMAN
JOHN M. MABUS
WAYNE J. MASON
ROBERT E. MILLS
DAVID L. MOWBRAY
DAVID T. NELSON
MATTHEW G. PRINCE
BRYAN E. PURVIS
DANIEL R. SPIES
JONATHAN D. STEPHENS
GREGORY D. UVILA
JASON D. WEATHERWAX
MARLIN WILLIAMS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

JESSE D. ADAMS
MATTHEW C. ANDERSON
KATHERINE R. CALLAN
PARKER S. CARLISLE
ERIK A. CARLSON
CALEB CHRISTEN
DAVID A. CHRISTENSON
JOSHUA L. CORNTHWAITE
NEIL R. DARCO
BRADLEY L. DAVIS
BRYAN M. DAVIS
CHRISTOPHER M. FLETCHER
RYAN G. FORBES
BENJAMIN B. M. GARCIA
MANDY L. GARDNER
LINDSAY P. GEISELMAN
WILLIAM L. GERATY
JOSEPH T. GRIFFO
LAUREN F. HANZEL
TRACY L. HARP
JONATHAN K. HULLIHAN
MIKAEL P. JOHNSON
NICHOLAS J. KASSOTIS
DAYTON A. KRIGBAUM
ANDREA J. LEAHY
SAMANTHA F. LIPPOFF
JOCELYN E. LOFTUSWILLIAMS
DARREN E. MYERS
BYRON M. NAKAMURA
BRANDI R. ORTON
JESSICA L. PYLE
MARK T. RASMUSSEN
ALEXANDER R. SEVALD
ROBERT C. SINGER
NICHOLAS B. STAMPFLI
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

JON A. ANGLE
NICHOLAS C. BROWN
KIMBERLY M. CAUDLE
PAULSTEPHEN CHIERICO
VINCENZO J. CIARAVINO III
DAVID C. COLLINS
THOMAS J. DILL
MICHAEL L. DOBLING
JAMES R. W. GALLOWAY
SHAWN C. GORMAN
AMY J. HONEK
JONATHAN R. HORNER
TIMOTHY P. JAMES
DALONE T. JENKINS
JAMES D. JOHNCOCK
CLIFFORD L. KELSEY, JR.
ROBERT W. LEFTWICH
MATTHEW M. MATTIVI
ROBERT E. MCCHAREN
DANNY B. MCMASTER
SANDRANELL L. MOERBE
WILLIAM E. MOILES
STEVEN H. PARKS
JEFFREY D. PATTON
JOHN K. PERGERSON
JEREMY M. SCHWARTZ
RILEY W. SMITH
LAVELL B. WALSON
KEVIN E. WESTBROOK
KHALID J. WOODS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

TODD A. ANDERSON
EBENEZER ANIAGYEI
JOELLE L. ANNANDONO
JAMES L. ARMITAGE
KISHLA A. ASKINS
YESENIA ASTORGA
SHANDA F. AVENT
JEFFREY D. BATEMAN
JOSEPH A. BAUGH
DAVID G. BENNETT
NEVON R. BURNEY
MICHAEL J. BUYSKE
LANCE CALHOUN
KATHLEEN R. DAGHER
MATTHEW W. DESHAZO
SHARON K. DOERSOM
JAMES C. DUNFORD
JOSEPH M. FROMKNECHT
HEATH G. GASIER
CHERYL A. GRISWOLD
NICHOLAS P. GUZMAN
JOSHUA P. HALFPAP
KAREN B. HARMAN
SHANI K. HENRY
HANNAH L. HOOTEN
CHRISTOPHER A. JACKSON
KENNETH R. JENKINS
SANDRA P. JIMENEZ
JAMES A. LAGGER
JEREMY D. LAMB
JAKE S. LEHMAN
JESSE D. LOCKE
JAMAAL D. LOFTON
ORLANDO LOPEZ
ANDREA J. MCCOY
JENNIFER G. MCNAB
ROBERT M. NOSEK
OLUSEGUN A. OLABODE
KENNETH C. PADGETT
MELISSA K. PARKES
BENJAMIN B. PARKS
FRANK G. PERCY, JR.
COBEY B. PETE
YARON RABINOWITZ
SETH A. REINI
BERNARDINO RODRIGUEZ
IRINA ROMAN
DOMINIC J. ROMANOWSKI
DOUGLAS R. SANTILLO

[[Page 13918]]

MICHAEL D. SCHWARTZ
ALALEH K. SELKIRK
CHRISTOPHER R. SHARPE
PHILIP M. SHERRICK, JR.
JUDITH A. SILVA
THOMAS J. SLOCUM
CAROLYN N. SMITH
EUGENE SMITH, JR.
JAMES D. SPEITEL
ADAM C. STRONG
CHERYL D. SWINK
MICHAEL L. TAPIA
CHAD M. THOEMKE
JONE L. TILLMAN
DAVID VALENTINE III
DAVID M. VIAYRA
ANDREW J. WEISS
SHEVONNE K. WELLS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

AUSTIN G. ALDRIDGE
LINDSAY R. ANDERSON
JAMES F. BABCOCK
JACOB T. BAKER
ANJAIL F. BELTON
WARREN K. BLACKBURN
JASON E. BLANCHARD
LAMONT A. BROWN
WILLIAM C. BUFFINGTON
CHRISTOPHER S. BURT
CURTISS BUTLER
CURTIS P. CEASER
JON K. CHRISTENSEN
HYONG Y. CHU
MATTHEW C. CLUTE
JOSEPH M. COZART
JENNIFER L. CUSTARD
JASON F. DELEON
CHARLES M. DONALDSON
JEREMY J. DUKE
MATTHEW E. DUNCAN
NATHANIEL S. EDGE
DANNY L. EWING, JR.
JEFFGERARD C. FERNANDEZ
ERIC C. FOLKERS
GIOVANNI FORERO
JAMES L. FOSTER
ANDREW R. HALEY
JOSHUA R. HARDING
RICHARD P. HARTL
LINORA C. HAYES
DAVID M. HENTON
SAMUEL A. HULL
MARK C. JACKSON
BRIAN J. KENDRICK
DAVID C. KNOBEL
NOEL K. KOENIG
KONRAD R. KRUPA
SUNEET KUNDRA
KARA B. LANGFORD
HEATHER E. K. LEE
DAVID S. LEWIS
JAMES R. MARSH
SCOTT M. MCCARTHY
GREGORY T. MCCLEERY
SCOTT R. MILLIET
ALEXANDER S. MOLNAR
SEAN R. MOODY
ARTHUR C. NELSONWILLIAMS
ERIC J. NEWSOME
KURTIS A. NOACK
PAUL C. NOTARNICOLA
JAMAL M. OSMAN
WILFREDO OTEROMATOS
CARRIE L. PABEN
ROBERT W. PAUL
BRADY R. PETERS
KEVIN M. PETERS
JASON J. PFAFF
JACOB M. PRENTISS
DOMINIC M. RAIGOZA
MICHAEL P. RIGONI
MICHAEL P. SARGENT
JASON A. SHAW
CHRISTOPHER G. SMITH
FREDERICK M. STAINES
WENDELL K. STEPHENS
GARRETT D. STONE
BRENT L. SUMMERS
RYAN M. TOBIN
EDWARD E. TUCKER III
PETER L. VAPOR
NATHAN T. WOODWARD
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C.,
SECTION 624:

To be lieutenant commander

ALWIN L. ALBERT
PAUL C. ALGRA
ART A. AMBROSIO
DAVID R. ANDRES
MICHAEL J. ANNEN
FRANK J. ARNOLD
ARNEH BABAKHANI
BRIAN T. BARLOW
ERIC V. BARTON
ANDREW M. BASNETT
LYNN L. BEAUCHAMP
ANDREW S. BERNHARDSON
KEVIN M. BERNSTEIN
ERICA L. BERRY
NIKUNJ A. BHATT
BENJAMIN A. BOGRAD
PATRICK L. BOOTHE
JOEL A. BRAMAN
JASON B. BRILL
JOSEPH V. BROWN
TAM BUI
JOHN M. BURGER
MARY C. CARONITI
ERIC T. CARROLL
CHRISTOPHER A. COCHRAN
GLEN A. COOK
CHRISTOPHER P. COSENTINO
WILLIAM A. CRONIN
JAMEY D. CROSS
DEREK J. DAVIES
CHRISTINE A. DEFOREST
THEODORE J. DEMETRIOU
JONATHAN R. DETTMER
NATHAN J. DETTORI
JILLIAN M. DORSAM
SIBYL M. DUNCAN
NICHOLAS S. DUROCHER
CICELY A. DYE
KEVIN T. ELWELL
ROBERT R. ENLOE
SHALIMAR J. ENRIGHT
SHARON C. ENUJIOKE
WILLIAM J. EPPS
CHRISTIAN E. ESQUIVEL
MATTHEW P. FEIST
HUCKELBERRY A. FINNE
GAVIN W. FORD
ADAM J. FORREST
IZHAK FRIDMAN
RYAN M. FUGATE
JAMI L. GANN
GABRIEL T. GIZAW
GALE K. GOODLOW II
DAVID L. GRIFFIN
GEORGE R. GRIMES
MATHEW R. GUGGENBILLER
JONATHAN L. HALBACH
DAVID M. HANRAHAN
TODD P. HANSEN
ROBERT S. HANSON
SARA N. HANSON
CURTIS L. HARDY
RASHEED HASSAN
LESLEY A. HAWLEY
EDWARD E. HEARN
MARA H. HEGEL
CHRISTOPHER D. HELMAN
MATTHEW D. HENRY
AMY A. HERNANDEZ
COLLEEN T. HIEBENTHAL
MAUREEN M. HIGGS
TIMOTHY J. HILL II
CURTIS A. HIMES
DUY T. HOANG
SEQUIA A. HOLLAND
TIFFANY N. HOLLAND
MANJU S. HURVITZ
DANIEL S. HWANG
WILLIAM W. IDE
CHRISTY Y. INAE
JOHANES M. ISMAWAN
CODY R. JACKSON
MICHAEL L. JACKSON
HARBRINDER S. KAHLON
SUMMANTHER A. KAVIRATNE
STEPHEN A. KECK
JOHN E. KEHOE
EAMON C. KELEHER
TAMARA L. KEMP
JOSHUA J. KUHN
COLLEEN F. LAHEY
DAVID S. LAW
MICHAEL A. LEE
MICHAEL M. LEE
TIDA K. LEE
TRACY J. LEE
COURTNEY L. LENNON
ROBERT P. LENNON
KATRINA M. LESHANSKI
LOUIS R. LEWANDOWSKI
RADHAMES E. LIZARDO
BRYAN E. LONG
DONALD J. LUCAS, JR.
VERNON E. MACKIE, JR.
CLIFFORD M. MADSEN
BRIAN J. MANNINO
GORDON T. MARKHAM
CHARLES D. MARTIN
BLAKE A. MARVIN
LAUREN H. MATTINGLY
BRENDAN J. MCCLUNEY
MELISSA M. MCCORMACK
VICTORIA S. D. MCDONALD
ANNE E. MCLENDON
BRANDI N. MILMO
LAURA M. MORGAN
ROSS A. MULLINAX
KENNETH E. NEEDHAM
LUKE S. OAKLEY
ANDREW J. OBARA
BRENDAN M. OCONNOR
KRISTINA W. OCONNOR
ROBERT J. OLDT III
JARED M. PATTON
JOSHUA R. PAUL
ASHLEY B. PENN
DAVID E. PIKE
DUSTIN M. PORTER
LINDSEY M. PRESCHER
KENNETH R. PRINCE, JR.
JACOB F. QUAIL
STEPHEN T. RACHAEL
PATRICIA A. REICHERT
DANIELLE M. ROBINS
GABRIEL A. RODRIGUEZ
KATHERINE J. ROSS
BRANDI L. SAKAI
KERMIT C. SALIVIA
PAUL M. SCHMIDT
MARGARET E. SCOTT
JONATHAN G. SEAVEY
DANIEL N. SHIPPY
VIKAS SHRIVASTAVA
ANDREA N. SIMS
MOHENISH K. SINGH
ROBERT V. SKLAR
CHARLES T. SMARK
STEPHANIE L. SMITH
JOSEPH SPINELLI
PAUL A. STICKELS
JUSTIN P. STOCKS
ERIN B. STORIE
SCOTT G. STORY
DANIEL D. TARMAN
BRYON D. THOMSON
BRENDON G. TILLMAN
DENISE R. TORBERT
VISONG TRING
DIEGO A. VICENTE
JOHN A. VIGILANTE IV
JEREMY D. WALDRAM
MARCUS A. WALTON
JACK C. WANG
CHRISTINA M. WARD
DANIEL E. WARREN
STEVEN R. WEATHERSPOON
XIN WEI
SCOTT M. WEITZEL
SHANNON M. WELTER
SARAH M. WIED
CLIFTON J. WILCOX
MARCIE S. WILDE
MATTHEW C. WILLETT
BENJAMIN C. WILLIAMS
LAWRENCE L. WILLIAMS, JR.
JUSTIN D. WILSON
KERRY E. WILSON
JIAN XU
JAMES A. YODER
KAREN G. ZEMAN
JANIE A. ZUBER
JACK M. ZUCKERMAN

DEPARTMENT OF THE TREASURY

BRODI L. FONTENOT, OF LOUISIANA, TO BE CHIEF FINANCIAL
OFFICER, DEPARTMENT OF THE TREASURY, VICE DANIEL M.
TANGHERLINI, RESIGNED.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

LOURDES MARIA CASTRO RAMIREZ, OF CALIFORNIA, TO BE AN
ASSISTANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, VICE
SANDRA BROOKS HENRIQUEZ.

SOCIAL SECURITY ADMINISTRATION

ANDREW LAMONT EANES, OF KANSAS, TO BE DEPUTY COMMISSIONER
OF SOCIAL SECURITY FOR THE TERM EXPIRING JANUARY 19, 2019,
VICE CAROLYN W. COLVIN, TERM EXPIRED.

DEPARTMENT OF STATE

MARI CARMEN APONTE, OF THE DISTRICT OF COLUMBIA, TO BE
PERMANENT REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO
THE ORGANIZATION OF AMERICAN STATES, WITH THE RANK OF
AMBASSADOR.
ROBERT T. YAMATE, OF CALIFORNIA, A CAREER MEMBER OF THE
SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF MADAGASCAR, AND TO SERVE
CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSATION AS
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE UNION OF THE COMOROS.

FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION

MARY LUCILLE JORDAN, OF MARYLAND, TO BE A MEMBER OF THE
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION FOR A TERM
OF SIX YEARS EXPIRING AUGUST 30, 2020. (REAPPOINTMENT)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

P. DAVID LOPEZ, OF ARIZONA, TO BE GENERAL COUNSEL OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR A TERM OF FOUR
YEARS. (REAPPOINTMENT)

[[Page 13919]]

____________________

CONFIRMATIONS

Executive nominations confirmed by the Senate July 31, 2014:

DEPARTMENT OF DEFENSE

LAURA JUNOR, OF VIRGINIA, TO BE A PRINCIPAL DEPUTY UNDER
SECRETARY OF DEFENSE.

DEPARTMENT OF STATE

JOHN FRANCIS TEFFT, OF VIRGINIA, A CAREER MEMBER OF THE
SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE RUSSIAN FEDERATION.

IN THE AIR FORCE

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO
THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12212:

To be brigadier general

COL. CLARENCE ERVIN

IN THE ARMY

THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be major general

BRIG. GEN. CHARLES L. GABLE
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be major general

BRIG. GEN. STEPHEN L. DANNER
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be major general

BRIGADIER GENERAL PATRICIA M. ANSLOW
BRIGADIER GENERAL ELIZABETH D. AUSTIN
BRIGADIER GENERAL WALTER E. FOUNTAIN
BRIGADIER GENERAL RICHARD J. GALLANT
BRIGADIER GENERAL SCOTT A. GRONEWALD
BRIGADIER GENERAL JEFFREY H. HOLMES
BRIGADIER GENERAL WALTER T. LORD
BRIGADIER GENERAL JOHNNY R. MILLER
BRIGADIER GENERAL GLEN E. MOORE
BRIGADIER GENERAL LESTER SIMPSON
BRIGADIER GENERAL REX A. SPITLER
BRIGADIER GENERAL ROY S. WEBB
BRIGADIER GENERAL DAVID E. WILMOT
BRIGADIER GENERAL DAVID C. WOOD
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE
OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 12203:

To be major general

BRIG. GEN. MARK W. PALZER
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
1211:

To be major general

BRIG. GEN. NEAL G. LOIDOLT

To be brigadier general

COL. THOMAS P. BUMP
COL. JEFFREY E. IRELAND
COL. ISABELO RIVERA
COL. WALLACE N. TURNER
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be brigadier general

COL. ROBERT J. ULSES
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be brigadier general

COL. TIMOTHY J. SHERIFF
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be brigadier general

COL. TIMOTHY S. PAUL
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE
OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 12203:

To be brigadier general

COL. GLENN A. GODDARD
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be brigadier general

COLONEL GREGREY C. BACON
COLONEL DARYL D. JASCHEN
COLONEL DAVID S. WERNER
THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND
12211:

To be brigadier general

COL. ROBERT J. HOWELL, JR.

IN THE NAVY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:

To be rear admiral

REAR ADM. (LH) KERRY M. METZ
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:

To be rear admiral (lower half)

CAPT. GENE F. PRICE
CAPT. LINNEA J. SOMMERWEDDINGTON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. DAWN E. CUTLER

IN THE AIR FORCE

AIR FORCE NOMINATIONS BEGINNING WITH JONATHAN ACKLEY AND
ENDING WITH AARON ALLEN WILSON, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
AIR FORCE NOMINATIONS BEGINNING WITH RICHARD EDWARD ALFORD
AND ENDING WITH DYLAN B. WILLIAMS, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM J. ANNEXSTAD
AND ENDING WITH DAVID J. WESTERN, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
AIR FORCE NOMINATION OF ROBERT P. MCCOY, TO BE LIEUTENANT
COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL E. COGHLAN AND
ENDING WITH AJAY K. OJHA, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
22, 2014.

IN THE ARMY

ARMY NOMINATION OF BURTON C. GLOVER, TO BE LIEUTENANT
COLONEL.
ARMY NOMINATION OF PAUL A. THOMAS, TO BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH ALEKSANDR BARON AND ENDING
WITH RYAN D. ZIMMERMAN, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
ARMY NOMINATIONS BEGINNING WITH CARLO J. ALPHONSO AND
ENDING WITH JORDAN E. YOKLEY, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
ARMY NOMINATION OF DESIREE S. DIRIGE, TO BE MAJOR.
ARMY NOMINATION OF NEALANJON P. DAS, TO BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH YONG K. CHO AND ENDING WITH
THOMAS A. STARKOSKI, JR., WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
22, 2014.

IN THE NAVY

NAVY NOMINATIONS BEGINNING WITH JOHN I. ACTKINSON AND
ENDING WITH ROBERT E. ZUBECK II, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER W. ACOR AND
ENDING WITH RICHARD P. ZABAWA, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH MATE W. AERANDIR AND ENDING
WITH JACQUELINEMAR W. WRONA, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH CHRISTIAN G. ACORD AND
ENDING WITH BRIAN P. WORDEN, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH AARON N. AARON AND ENDING
WITH CHELSEY L. ZWICKER, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
NAVY NOMINATIONS BEGINNING WITH BRIAN F. BRESHEARS AND
ENDING WITH DAVID A. ZIEMBA, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH DANIEL J. BRADSHAW AND
ENDING WITH ROSS W. PETERS, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH ARLO K. ABRAHAMSON AND
ENDING WITH TIFFANI B. WALKER, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH JAMES C. BAILEY AND ENDING
WITH AMANDA J. WELLS, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 17,
2014.
NAVY NOMINATIONS BEGINNING WITH ERIC S. KINZBRUNNER AND
ENDING WITH ERIC M. ZACK, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
NAVY NOMINATIONS BEGINNING WITH JERMAINE A. BAILEY AND
ENDING WITH JEREMIAH J. YOUNG, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH JEMAR R. BALLESTEROS AND
ENDING WITH ANNE L. ZACK, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
NAVY NOMINATION OF CHRISTOPHER A. CEGIELSKI, TO BE CAPTAIN.
NAVY NOMINATIONS BEGINNING WITH KEVIN C. ANTONUCCI AND
ENDING WITH JOSHUA D. WEISS, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH FERDINAND D. ABRIL AND
ENDING WITH ALLEN E. WILLEY, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH MICHAEL D. AMEDICK AND
ENDING WITH DENNIS M. WHEELER, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH KERRY E. BAKER AND ENDING
WITH MICHAEL D. WINN, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 17,
2014.
NAVY NOMINATIONS BEGINNING WITH KENNETH R. BASFORD AND
ENDING WITH JOHN P. ZALAR, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
NAVY NOMINATIONS BEGINNING WITH BRIAN J. ELLIS, JR. AND
ENDING WITH SYLVAINE W. WONG, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH KEVIN S. BAILEY AND ENDING
WITH THEODOR A. ZAINAL, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY
17, 2014.
NAVY NOMINATIONS BEGINNING WITH DAVID L. BELL, JR. AND
ENDING WITH NATHAN J. WONDER, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JULY 17, 2014.
NAVY NOMINATIONS BEGINNING WITH RUBEN D. ACOSTA AND ENDING
WITH DAVID M. YOU, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 17,
2014.
NAVY NOMINATION OF ADAM J. RAINS, TO BE COMMANDER.

____________________

RETIREMENT OF ROBIN BAILEY--Continued

Mr. ENZI. There is only one Robin Bailey. I was fortunate to have the
original on my team since I first came to Washington to represent the
people of the State of Wyoming in the Senate.
Robin's story and her service in the Senate began in 1977 in
Cheyenne. She heard there was an opening on Malcolm Wallop's staff. It
sounded like an interesting job. It would give her a chance to work on
behalf of the people of Wyoming. She submitted an application for the
position of office manager. Fortunately, Malcolm made the perfect

[[Page 13920]]

choice and added her to his staff. He was fortunate Robin was there to
make sure everything was done and done well.
After serving on Malcolm Wallop's staff for a few years, Robin's
husband Ron accepted a job in Rock Springs. They packed their bags and
moved there. That was not to be the end of Robin's Senate career. In
1984, Senator Al Simpson chose her to take the challenges of his office
in Rock Springs. Later, the Baileys moved to Gillette, my hometown, and
Senator Simpson just changed where she worked.
Here is where I come in. I will never forget 1996 and the decision my
wife Diana and I made to run for the Senate. Things came together for
us and soon after the victory parties were over it became apparent I
had a bigger issue to contend with--putting my staff together. Now that
the campaign had ended I had to make sure we continued to provide the
people of Wyoming the support and assistance to which they had come to
rely on over the years.
I started to go through the stacks of resumes and then visited with
my predecessor Al Simpson. Over the years he put together a remarkable
staff. Some of them were willing to stay on. I was delighted Robin
Bailey was willing to continue to serve the people of Wyoming out of
the Gillette office.
Over the years my staff and I have noticed that Robin has two
responses to most questions. Either she knows the answer or she knows
how to find the answer. I don't think anyone has a better or more
extensive system of resources and contacts than she does. Having her on
my staff came in handy when in 2000 I had to find a new State director.
Dee Rodekohr, who was Senator Simpson's State director and then my
State director, decided to retire and enjoy all she earned with her
service to the people of the State. Fortunately, she and I and all my
staff knew we had someone already prepared who would be a perfect fit
and it was Robin Bailey.
We extended her duties and we put her in charge of all the State
offices. She not only exceeded our expectations, she took everything to
the next level. She was a constant source of support, guidance, and
direction for the people in my State offices, and she was always there
with a word of good advice or suggestion about how to take on a
problem. She was a great mentor to my staff--the new ones and the more
seasoned veterans because of her great love of and knowledge about
Wyoming. She is the kind of resource every office needs to have if we
are to do the best possible job of taking care of the people of our
home State.
My chief of staff has often said that Robin is the best and most
natural supervisor he had ever met, and every day she has been on our
staff she has proven the truth of those words and her value as one of
my team leaders. Robin is one of the people who stands out from all the
rest. She is known and respected by all. She has a talent for not only
knowing what is going on in Wyoming but also understanding what it
means in the short and long term. Robin has never worked for me. She
has always worked with me. That is part of what made her a great asset
for Senator Malcolm Wallop, Senator Al Simpson, and me. That makes
three generations of Wyoming congressional delegation and family.
She could write a book about being an effective State director. It
would be the how-to manual of all time. It would help a person to learn
how to be an effective leader, help others, be the eyes and ears of
what is happening, and enjoy the job--all at the same time.
A big part of the job has been traveling around the State to see what
is going on and how people feel about it. In my office I relied on
Robin to travel around Wyoming and represent me at a long list of
meetings, hearings, and presentations. We wanted her there because she
is a good listener. She not only hears what the people have to say, she
has an uncanny sense of understanding what they are driving at and how
to best address that. She would let me know what she saw and heard and
it was the next best thing to being there myself. You have heard the
expression, ``You cannot be everywhere at once.'' Robin has been my
solution to that problem.
Her travels allowed her to get to know people in every corner of the
State. She not only enjoys meeting people but welcomes the chance to
get to know them and to help them with their problems. That is why she
has been able to make a difference over the years in more ways than we
will ever know.
Her life has not been without challenges, however. One such challenge
came about when her husband Ron began to have serious issues with his
heart and then Alzheimer's. It was a difficult time for her, but she
never complained about what she had to do. She just did it. She honored
her commitment to her husband and she continued to provide him with the
support, care, and attention that had always been a hallmark of their
relationship. When he passed away and she lost this great love of her
life, she thought it might be time to consider making changes in the
rest of her life as well. When Robin told Diana and me that she felt it
was time for her to retire and follow a different path in life, we did
what most every one of us would do. We told her to take a few years to
make up her mind. Unfortunately, that didn't work and now she is making
plans for the next chapter of her life.
She will be spending more time with her family, especially her
grandchildren. She has already shown she is a very special--in fact, a
spectacular--grandmother. I know her family will enjoy having her take
a more active role in their lives.
I know she will continue to make a difference helping others and she
will continue to be a great gift for all who know her and for all those
she is soon to meet. I don't think Diana and I have ever met someone
who is more focused or determined to help others. For Robin every day
that is spent making life easier for someone else is a good day.
We are all sorry to see Robin close this chapter of her life, but we
know she is doing it for all the right reasons. She said she had
reached a point in her life when it seemed to be a time to try
something new. We will miss her wealth of resources, knowledge, skills,
and abilities that cannot be replaced. Over the years she has set such
a high mark of excellence. Her achievements, the milestones she
established in my office for outstanding effort and accomplishment, and
her determination to make Wyoming a better place to live from one
corner to the other will be the legacy of her service to the Senate, to
the people, the State of Wyoming, and to our Nation.
In the years to come, each member of my staff will take away a
different favorite memory of working with Robin. For my chief of staff
it will always be the way in which she brought a solution with her to
any discussion of any problem. For others it will be the way she would
always find a way to handle an issue no matter how difficult or
perplexing or how she seemed to not only be familiar with someone's
issue, she also seemed to know almost everyone who was involved. For my
part, I will always remember how much it meant to me to know I could
ask her to take on an assignment and leave it with her knowing it would
be done well. She always found a way to do what was needed and expected
and then some more.
Perhaps her greatest gift is her ability to effectively manage time
and resources. For Robin it is not a problem if there is only 24 hours
in a day because she makes the best use of every minute of every hour.
Good luck, Robin, and may God continue to bless you and all those who
come into your life in the years to come. You will be missed, but we
will know where to find you. It is good to know you will never be more
than a phone call away. We hope you fully enjoy your retirement.
You have earned it and then some.
I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. RUBIO. Thank you, Madam President.
I ask unanimous consent that I be recognized to speak for up to 10
minutes in morning business.
The PRESIDING OFFICER. Is there objection?

[[Page 13921]]

Without objection, it is so ordered.

____________________

SANCTIONS IN VENEZUELA

Mr. RUBIO. Thank you, and I know Senator Menendez is going to speak
on this topic as well. We intended to come to the Senate floor and
offer a unanimous consent agreement to pass sanctions in Venezuela.
First of all, let me thank the White House for what they announced
yesterday: sanctions against human rights violators and corrupt
government officials in Venezuela who have been involved for a very
long time--but especially since the 4th of February--in grotesque human
rights violations against young people and all people in Venezuela.
It is a topic that is not often talked about unfortunately these
days, given all the issues that are going on around the world. What is
happening in Venezuela in our own hemisphere is startling.
First, you have the complete erosion of democracy which has been
going on since the reign of Hugo Chavez and now with Nicolas Maduro it
has gotten progressively worse. We have been seeing this and talking
about this since earlier this year, when thousands of young people in
Venezuela took to the streets to protest what was happening and they
were met with some of the most brutal attacks we have seen in this
hemisphere for quite a while. We documented that on the floor
consistently.
So beginning from that moment forward, we have worked in this body to
seek sanctions against those individuals, against the people
responsible for those human rights violations who also happened to be,
by the way, incredibly corrupt. I would go so far as to say that almost
every major political figure in Venezuela today in the ruling party is
corrupt. It is absolutely amazing how these individuals in charge of
government in that country are systemically stealing the funds of the
Venezuelan people, and the cases are extraordinary.
There are times, for example, when the President of that country--
who, by the way, was elected in an illegitimate election--is benefiting
from the currency exchange rate and manipulating that, top-level
members of his Cabinet are skimming off the top of the country's oil
company and pocketing money, and what is even more outrageous about
that is that they and the people who surround them in the private
sector are taking those funds and investing them and enjoying them here
in the United States of America.
So I felt for a very long time--as have my colleagues--that this was
an important issue that needed to be addressed, and it needed to be
addressed by sanctioning those individuals and we have named many of
them. So yesterday the White House announced that many of these
individuals will now be denied visas to travel to the United States. In
fact, just yesterday a government official from Venezuela who was
headed here toward America was not able to come because of these visa
sanctions.
So we are grateful for that, and we are grateful for the
administrations's implementation of this. But while we are grateful for
the denial of visas, it does not go far enough. We also need to
sanction their assets. That is why earlier this year I, in conjunction
with the chairman of the Foreign Relations Committee and Senators
Nelson, McCain, and Kirk proposed legislation to authorize both visa
restrictions and also financial sanctions against these individuals,
and we have been extraordinarily patient in working through the process
to ensure that happens.
The ranking member of the committee, the Senator of Tennessee Mr.
Corker had initial reservations about it, and they were legitimate
reservations, and as a result the chairman was kind and wise enough to
hold a hearing where we heard testimony about the reality on the ground
in Venezuela.
We then proceeded to vote on this in the committee, and the committee
voted and approved it by a vote of 13 to 2, if I recall correctly, and
that happened on May 22.
Then we patiently worked with our colleagues to try to bring this to
the floor, understanding that with all the issues going on it would be
difficult to schedule a rollcall vote on it, but we would try to pass
it by a process in the Senate we call unanimous consent, where we ask
all of our colleagues to approve it and we worked patiently to do that.
While he had initial reservations earlier this week, Senator Corker
lifted those reservations and I thank him for that and the way he has
taken this so seriously and his cooperation in that matter.
My intention this evening was to come to the Senate floor and ask for
unanimous consent of this body to pass this resolution, but some of my
colleagues expressed concern about some of the costs that are
potentially embedded in this. Let me explain those costs for point of
clarification. There were two, in general.
The first was a $15 million funding for a democracy program in
Venezuela, which I believe is a worthy endeavor. But for purposes of
overcoming those objections and getting this done, I agreed, and I
think the other sponsors did as well, that we would be willing to
suspend that in an effort to get this accomplished.
The second is a little bit more nebulous. The second describes
administrative costs basically for identifying these assets and
implementing the sanctions. The costs are not unique to this. They are
not real costs in the way you and I would think of costs. You don't
have to write an additional check or borrow money from China to pay for
it. It is the same thing that you would have to do if the President had
announced these sanctions, which he has the power to do.
What we did as a result of that is we looked at it. The total cost of
it is between $6 and $8 million, even though that number is probably
not that high, but it would basically involve identifying the
individuals and identifying the assets they have that we could
sanction. There was concern about that. We were willing to find an
additional measure to sunset the implementation of these sanctions in
2016 to lower the costs even further, and yet we still heard there
might be some objections. Over the last few minutes, however, and in
consultation with the Senator from Oklahoma, we have tried to craft
what I believe we hope we can arrive at in the next hours, a solution
to this problem that assuages his concern and allows us to get this
done.
So in the interest of trying to achieve it in that manner, I am going
to withhold asking unanimous consent today for purposes of hopefully
arriving at that agreement over the next few hours or early tomorrow
morning so we can attempt to get this done in a way that achieves what
we are trying to do.
This is critically important.
I point out for purposes of my point of comparison, the Senate in
April approved a bill which I supported--and I am glad we did--that
authorized virtually identical sanctions against human rights violators
in Ukraine. That bill authorized $50 million for funds for the
Democracy Program. That bill authorized $100 million in security
assistance and visa and financial sanctions on human rights violators.
In implementing the sanctions in the Ukrainian human rights bill, the
cost was $10 million. None of those funds, by the way, were offset in
the way that term is used here. There was no objection to that. There
was no objection to that. By the way, the total cost of that bill was
$160 million. This bill that is before us is much more modest in its
implications, and I would argue that the costs--at the end of the day,
while it has what we call around here a CBO score, the costs are not
real. It is basically what they would have to do anyway.
We are looking for language that assures our colleagues who are
rightfully concerned about the debt and deficit but also addresses the
grotesque human rights violations occurring in Venezuela today.
I will yield to the Senator from New Jersey in a moment, who has
shown extraordinary leadership on this and every single issue involving
democracy and human rights issues in this region and around the world.
I know there are things going on in the Middle East that are of
critical importance to our country. I know there

[[Page 13922]]

are things going on vis-a-vis Russia and Ukraine that are of
extraordinary importance to our country. But I hope people understand
that what is happening in Venezuela matters too because even as we
speak, there are millions of people in that country whose rights are
being systematically violated.
Just this week the majority regime began a show trial against Mr.
Leopoldo Lopez, a popular opposition leader, a mayor of one of the
municipalities there. Do you know what his only crime was? Urging
Venezuelans to demand a constitutional and peaceful solution to
President Maduro's violent repression of demonstrations.
In case anyone needs to understand the true nature of the Venezuelan
regime, it is not just human rights violations or corruption or the
fact that the cronies of the Maduro administration parade up and down
the streets of South Florida bragging about their ill-earned gains
without consequence. Venezuela projects itself as a defender of every
single human rights-violating country on the planet. Anytime there is a
vote on Iran or Assad in Syria or on any human rights violation, you
can count on Venezuela's Government being on the side of the human
rights violator--every single time. Just recently we have seen them
again repeatedly pronounce themselves in opposition to Israel and
Israel's right to defend itself.
On top of everything else, we are not just sanctioning corruption and
human rights violations; we are sanctioning individuals who at every
opportunity they get seek to undermine the national security and the
national interests of our country.
So I think this is a worthy endeavor, and my hope is that tomorrow
when the Senate gets into session we can reach a conclusion on this
item and achieve it. I think it would be critically important as we go
into August to show that the Senate made progress in this endeavor. The
House has its own version of sanctions that are different from ours.
That will have to be reconciled. But I think passage of this in the
next few hours will send a powerful message to the people of Venezuela
that the people of America, speaking through our Senate, are firmly on
their side and for their aspirations for freedom and liberty and on the
side of human rights.
Madam President, I will yield the floor now for the Senator from New
Jersey.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. Madam President, I ask unanimous consent to speak for
up to 4 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. Madam President, I thank my distinguished colleague
from Oregon for his courtesy in allowing me to do so.
I agree with everything my colleague from Florida Senator Rubio has
said about this issue, and I appreciate his leadership alongside with
us. He has been following Venezuela intimately. So many people in the
State of Florida have exiled there, and so he personally understands
this issue and he has been a tremendous champion.
Since February of this year, hundreds of thousands of Venezuelan
citizens have protested about the lack of security from rampant crime
and violence and an inflation rate that is the highest in the world and
a scarcity of food and basic consumer goods that has become part of
their daily lives. But instead of listening to the legitimate concerns
of its people, the Government of Venezuela has responded with a
deplorable display of force and brutality that was seen around the
world. To date there have been more than 40 deaths, more than 50
documented cases of torture, and more than 2,000 unlawful detentions.
In May of this year Human Rights Watch released a report on these
human rights violations. The report documented how Venezuelan security
forces systematically violated the rights of students, women, men,
members of the political opposition, and journalists. They said they
did so ``to punish people for their political views.''
Last week the Venezuelan Government opened its show trial against
opposition leader and prisoner of conscience Leopoldo Lopez. After
spending 5 months in a military prison just for speaking his mind, Mr.
Lopez and his attorney were barred from presenting any evidence in his
defense--none. No defense allowed.
If that were not enough, we saw that recent events showed that the
Venezuelan Government is even willing to threaten regional stability to
get its way.
Last week law enforcement officials in Aruba picked up Hugo Carvajal,
the former head of the Venezuelan military intelligence and an
individual who was designated as a drug kingpin by the U.S. Department
of Treasury back in 2008. When indictments were unsealed last week, the
world saw evidence of how a senior Venezuelan Government official was
deeply involved in the international drug trade, allowing traffickers
to operate freely in Venezuelan territory and even coordinating drug
shipments himself.
When this official was arrested, what did the Venezuelan Government
do? It threatened to cut off flights from Venezuela to Aruba and
Curacao. It threatened to end a contract with Curacao's oil refinery,
and it moved naval vessels into the waters surrounding these islands.
In short, it resorted to every form of blackmail and coercion at its
disposition until the Dutch Government released Mr. Carvajal.
We should be clear that democracy has had its opportunity. In recent
months foreign ministers from across South America and the Vatican have
attempted to mediate dialogue between President Maduro and his allies
and the political opposition, and they have not been able to accomplish
it.
It is time to move more vigorously forward with the types of
sanctions and other efforts envisioned in the other legislation I and
Senator Rubio have offered, and if we do that tomorrow we will send a
message to the hemisphere and to the people of Venezuela that, in fact,
they have a real opportunity to have their voices heard, and we will
stand on the right side of human rights and democracy.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Madam President, I ask to speak as if in morning
business.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

OREGON WILDFIRES

Mr. MERKLEY. Madam President, at this moment in my home State of
Oregon 500,000 acres are ablaze. Sometimes it is hard to get your hands
around numbers, particularly large numbers, so I will give a sense of
this. If you were to add up all of the fires in Oregon and if they were
in one place, it would cover an area roughly 20 miles by 40 miles. That
is an enormous section of a State to be aflame.
Because there are so many devastating fires at once, crews are coming
from all over to help with all kinds of aircraft and all kinds of
hotshot crews. They are doing all they can, but it is not just Oregon
that has fires; other States have fires too. There are over 250,000
acres ablaze in Washington State to the north in a single fire. I
believe it is the largest single fire in Washington State's history.
As a result of fires in Oregon and fires in Washington and other
fires, we are draining our fire funds at an expansive rate, and thus we
have a big problem: We are running out of funds to pay for fighting
these fires.
Tonight we had before our Chamber an emergency supplemental bill to
provide 615 million more dollars to fight fires this season across the
United States of America. A procedural tactic was used to kill this
bill. Quite frankly, that is enormously shortsighted.
Here is what has been happening in the past: The fires are being
fought, and then the funds run out, and then the Forest Service has to
pull the funds from every other department--from departments involving
forest health, from departments providing efforts to prevent fires and
create conditions in which they will not happen in the future. We are
continuing a vicious cycle

[[Page 13923]]

of robbing fire prevention and forest management funds to fight
emergency fires, and that cycle will go forward now that we have failed
to pass this emergency supplemental up front.
I will give a little flavor of what I am talking about across our
State. We have the Ochoco complex east of Post, 10,000 acres aflame.
The Logging Unit complex northwest of Warm Springs, 6,600 acres; the
Kitten Canyon complex west of Vale, 23,000 acres; the Bridge 99 complex
north of Sisters, 5,700 acres; the Hurricane Creek fire southwest of
Joseph, 900 acres; we have the Buzzard complex in southeast Oregon,
nearly 400,000 acres; the Reeves Creek complex southwest of Grants
Pass, 200 acres; the China Cap fire east of La Grande, 200 acres--by
the way, zero percent contained--the Black Rock fire east of Antelope,
36,000 acres; the Sniption fire north of Fossil, 12,000 acres; and the
Bingham complex east of Marion Forks, 450 acres. We also have two more
fires that have just arisen, and those are the Haystack complex, 1,700
acres, and the Salt Creek fire northwest of Medford 100 acres.
Here is the thing. We have the conditions for more fires to come--
more lightning, a forecast of more hot weather, and we have incredibly
dry timber on the floor of the forest.
This situation in which these fires are going to be fought--by
pulling funds from every other part of the Forest Service--is
unacceptable. It is not good stewardship of the complex operations that
occur within the Interior Department and within the Forest Service.
Think about the need to plan the timber harvest to sustain the lumber
industry. That is a complex process. It involves a lot of folks who
have to go out and evaluate the forests and work it out so those timber
sales can occur on schedule. All of that gets stopped when you have to
rob the fund in order to pay for fighting these fires.
Let's think about the millions of acres of second-growth forest that
are overgrown. It is very good for disease, it is very good for fires,
and it needs to be thinned, but how do you plan for the thinning if you
rob the funds to do so? The list goes on and on and on.
I am deeply disappointed and frustrated with what happened tonight,
and I urge my colleagues to exercise a little thoughtfulness, a little
wisdom, and a little stewardship regarding our national forest. The
next time this comes up, let's pass it unanimously so we can provide
the funds that are needed to fight this national emergency.
I thank the Presiding Officer.

____________________

JUSTICE FOR ALL REAUTHORIZATION ACT

Mr. LEAHY. Madam President, last week I came to the floor to talk
about the FBI's extensive use of flawed evidence in thousands of cases.
It is tragic just days later there is yet another scandal involving bad
science used to send people to jail and some to death row.
According to an internal investigation by the FBI and the Department
of Justice, nearly 2,600 convictions and 45 death row cases from the
1980s and 1990s may have involved flawed forensic evidence.
Specifically, these cases involved microscopic hair matches, a form of
forensic science that has been discredited. The scope of this scandal,
which is the focus of a front-page article in the Washington Post
yesterday, goes well beyond the problems we have previously seen when
it comes to forensic evidence. Even more troubling than the statistics
outlined in the Post's story is that the FBI, after recognizing these
egregious mistakes, stopped their full review after examining just a
small fraction of these cases. The Department of Justice has rightly
ordered the FBI to resume its internal review, but the FBI's conduct is
inexcusable.
Once again, we are reminded that our criminal justice system is not
infallible and that we are all less safe when the system fails. FBI
investigators should have redoubled their efforts to uncover these
mistakes and rushed to tell those affected defendants. Instead it
appears they dragged their feet and stopped their review. I intend to
get to the bottom of this. I have a lot of questions for the Bureau,
and I will not stop until they are answered.
When we have evidence that could prove that someone is innocent, we
must get it processed immediately. It is not only the right thing to do
for that person wrongfully accused but it is the right thing to do to
keep our communities safe. That is why I again urge the Senate to take
up and pass the Justice for All Reauthorization Act, a bill I
introduced with Senator Cornyn last year. This bipartisan legislation
includes the Kirk Bloodsworth Post Conviction DNA Testing Grant
Program, named for the first person exonerated from a death row crime
through the use of DNA evidence. This program seeks to correct these
most grievous mistakes. Senate minority leader Mitch McConnell is a
cosponsor of the bill. All Senate Democrats support passage of this
legislation. There is no reason why the Senate should not take up and
pass this important bill without further delay.
I also will continue my efforts to pass commonsense forensic science
reform legislation. The Criminal Justice and Forensic Science Reform
Act that I introduced earlier this year with Senator Cornyn would
improve the use of forensic science in criminal cases and ensure that
labs throughout the Nation are operating according to the highest
scientific standards.
I thank the many law enforcement, victim services, and criminal
justice organizations that continue to highlight the need for reform to
ensure the proper application of forensic evidence in criminal cases,
and who have urged the Senate to pass the Justice for All
Reauthorization Act.
I ask that the Washington Post article by Spencer Hsu be printed in
the Record, and I urge all Senators to join me in getting to the
serious business of providing justice to the wrongfully convicted and
passing the Justice for All Reauthorization Act.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Washington Post, July 30, 2014]

Review Finds Two Decades of Forensic Errors by FBI

(By Spencer S. Hsu)

Nearly every criminal case reviewed by the FBI and the
Justice Department as part of a massive investigation started
in 2012 of problems at the FBI lab has included flawed
forensic testimony from the agency, government officials
said.
The findings troubled the bureau, and it stopped the review
of convictions last August. Case reviews resumed this month
at the order of the Justice Department, the officials said.
U.S. officials began the inquiry after The Washington Post
reported two years ago that flawed forensic evidence
involving microscopic hair matches might have led to the
convictions of hundreds of potentially innocent people. Most
of those defendants never were told of the problems in their
cases.
The inquiry includes 2,600 convictions and 45 death-row
cases from the 1980s and 1990s in which the FBI's hair and
fiber unit reported a match to a crime-scene sample before
DNA testing of hair became common. The FBI had reviewed about
160 cases before it stopped, officials said.
The investigation resumed after the Justice Department's
inspector general excoriated the department and the FBI for
unacceptable delays and inadequate investigation in a
separate inquiry from the mid-1990s. The inspector general
found in that probe that three defendants were executed and a
fourth died on death row in the five years it took officials
to reexamine 60 death-row convictions that were potentially
tainted by agent misconduct, mostly involving the same FBI
hair and fiber analysis unit now under scrutiny. ``I don't
know whether history is repeating itself, but clearly the
[latest] report doesn't give anyone a sense of confidence
that the work of the examiners whose conduct was first
publicly questioned in 1997 was reviewed as diligently and
promptly as it needed to be,'' said Michael R. Bromwich, who
was inspector general from 1994 to 1999 and is now a partner
at the Goodwin Procter law firm.
Bromwich would not discuss any aspect of the current review
because he is a pro bono adviser to the Innocence Project,
which along with the National Association of Criminal Defense
Lawyers is assisting the government effort under an agreement
not to talk about the review. Still, he added, ``Now we are
left 18 years [later] with a very unhappy, unsatisfying and
disquieting situation, which is far harder to remedy than if
the problems had been addressed promptly.''
Deputy Attorney General James M. Cole this month ordered
that reviews resume under the original terms, officials said.

[[Page 13924]]

According to the FBI, the delay resulted, in part, ``from a
vigorous debate that occurred within the FBI and DOJ about
the appropriate scientific standards we should apply when
reviewing FBI lab examiner testimony--many years after the
fact.''
``Working closely with DOJ, we have resolved those issues
and are moving forward with the transcript review for the
remaining cases,'' the FBI said.
Emily Pierce, a Justice Department spokeswoman, said: ``The
Department of Justice never signed off on the FBI's decision
to change the way they reviewed the hair analysis. We are
pleased that the review has resumed and that notification
letters will be going out in the next few weeks.''
During the review's 11-month hiatus, Florida's Supreme
Court denied an appeal by a death-row inmate who challenged
his 1988 conviction based on an FBI hair match. James Aren
Duckett's results were caught up in the delay, and his legal
options are now more limited.
Revelations that the government's largest post-conviction
review of forensic evidence has found widespread problems
counter earlier FBI claims that a single rogue examiner was
at fault. Instead, they feed a growing debate over how the
U.S. justice system addresses systematic weaknesses in past
forensic testimony and methods.
``I see this as a tip-of-the-iceberg problem,'' said Erin
Murphy, a New York University law professor and expert on
modern scientific evidence.
``It's not as though this is one bad apple or even that
this is one bad-apple discipline,'' she said. ``There is a
long list of disciplines that have exhibited problems, where
if you opened up cases you'd see the same kinds of overstated
claims and unfounded statements.''
Worries about the limitations and presentation of
scientific evidence are ``coming out of the dark shadows of
the legal system,'' said David H. Kaye, a law professor at
Penn State who helped lead a Justice Department-funded study
of fingerprint analysis and testimony in 2012. ``The question
is: What can you do about it?''
Courts and law enforcement authorities have been reluctant
to allow defendants to retroactively challenge old evidence
using newer, more accurate scientific methods.
The Justice Department and FBI inquiry, which examines
convictions before 2000, could provide a way for defendants
to make that challenge. Because the government is dropping
procedural objections to appeals and offering new DNA testing
in flawed cases if sought by a judge or prosecutor, results
could provide a measure of the frequency of wrongful
convictions.
Responding to the FBI review, the accreditation arm of the
American Society of Crime Lab Directors last year recommended
that labs determine whether they needed to conduct similar
reviews, and New York, North Carolina and Texas are doing so.
According to a Justice Department spokesman, officials last
August completed reviews and notified a first wave of
defendants in 23 cases, including 14 death-penalty cases,
that FBI examiners ``exceeded the limits of science'' when
they linked hair to crime-scene evidence.
However, concerned that errors were found in the ``vast
majority'' of cases, the FBI restarted the review, grinding
the process to a halt, said a government official who was
briefed on the process. The Justice Department objected in
January, but a standoff went unresolved until this month.
After more than two years, the review will have addressed
about 10 percent of the 2,600 questioned convictions and
perhaps two-thirds of questioned death-row cases.
The department is notifying defendants about errors in two
more death-penalty cases and in 134 non-capital cases over
the next month, and will complete evaluations of 98 other
cases by early October, including 14 more death-penalty
cases.
No crime lab performed more hair examinations for federal
and state agencies than the 10-member FBI unit, which
testified in cases nationwide involving murder, rape and
other violent felonies.
Although FBI policy has stated since at least the 1970s
that a hair association cannot be used as positive
identification, like fingerprints, agents regularly testified
to the near-certainty of matches.
In reality, there is no accepted research on how often hair
from different people may appear the same. The FBI now uses
visual hair comparison to rule out someone as a possible
source of hair or as a screening step before more accurate
DNA testing.
This month, the inspector general reported that inattention
and foot-dragging by the Justice Department and the FBI led
them to ignore warnings 15 years ago that scientifically
unsupported and misleading testimony could have come from
more than a single hair examiner among agents discredited in
a 1997 inspector general's report on misconduct at the FBI
lab.
The report said that as of 1999, Justice Department
officials had enough information to review all hair unit
cases--not just those of former agent Michael P. Malone, who
was identified as the agent making the most frequent
exaggerated testimony.
By 2002, Maureen Killion, then director of enforcement
operations, had alerted senior criminal division officials to
``the specter that the other examiners in the unit'' were as
sloppy as Malone, the inspector general said.
``This issue has been raised with the FBI but not resolved
to date,'' Killion wrote to then-Assistant Attorney General
Michael Chertoff and his principal deputy, John C. Keeney, in
July 2002, the report said.
Twelve years later, the Florida case shows the continued
inadequacy of officials' response.
Duckett, then a rookie police officer in Mascotte, Fla.,
was convicted of raping and strangling Teresa McAbee, 11, and
dumping her into a lake in 1987.
After a state police examiner was unable to match pubic
hair found in the victim's underwear, prosecutors went to
Malone, who testified at trial that there was a ``high degree
of probability'' that the hair came from Duckett.
Such testimony is scientifically invalid, according to the
parameters of the current FBI review, because it claims to
associate a hair with a single person ``to the exclusion of
all others.''
The Florida court denied Duckett's request for a new
hearing on Malone's hair match. The court noted that there
was other evidence of Duckett's guilt and that the FBI had
not entirely abandoned visual hair comparison.
Duckett attorney Mary Elizabeth Wells confirmed this week
that Duckett's case was under the FBI's review. Both Wells
and Whitney Ray, a spokeswoman for Florida Attorney General
Pam Bondi, said Thursday that parties had not been notified
of results, but they otherwise declined to comment.
Duckett's case was eligible for the 1996 review as a Malone
case but was omitted, even though the inspector general
stated that ``it was important to the integrity of the
justice system'' that all of Malone's death-penalty cases be
immediately reviewed.
The Justice Department declined to comment on the omission.

____________________

RECOGNIZING HOARD'S DAIRYMAN

Mr. LEAHY. Madam President, I would like to applaud Hoard's Dairyman
for shining a light on an important and sometimes overlooked problem in
rural America.
The article in their July 2014 issue, ``When Life Turned Ugly,''
written by Andrea Stoltzfus, focused on the unique challenges that
rural victims of domestic violence face in overcoming their abusers.
They are often geographically isolated and unaware of the resources
available to them or they lack the ability to reach a crisis center due
to a lack of public transportation. There also may not be a local
shelter to help them or they may not have the financial means to set
out on their own. These obstacles can make it particularly difficult
for women in rural areas, like the dairy farm wives cited in the
article, to escape abusive relationships.
From my days as a prosecutor in Vermont, I still vividly remember
seeing the aftermath of this type of violence firsthand. I will never
forget arriving on the scenes of domestic violence crimes. These
experiences have spurred me in my roles as the chairman of the Senate
Judiciary Committee and as a senior member of the Senate Appropriations
Committee to work to prevent domestic violence and sexual assault. Most
recently I was proud to sponsor the reauthorization of the Violence
Against Women Act, VAWA, which the President signed into law in March
2013. Since VAWA was first enacted in 1994, it has helped to lower the
annual incidence of domestic violence by more than half, it has raised
awareness, and it has increased reporting of these crimes. VAWA has
also improved the criminal justice system's ability to keep victims
safe and hold perpetrators accountable. But there is still more that we
can and should do.
One in every four women will experience domestic violence in her
lifetime. That rate is even higher in rural areas. That is why I have
worked to ensure that the domestic violence programs are adequately
funded. In particular, I have pushed for increased funding for the
Rural Domestic Violence Program. This program was established by the
first VAWA to address the unique challenges faced by victims of
domestic violence and dating violence in rural jurisdictions. This
program supports the safety of rural victims of sexual assault,
domestic violence, dating violence and stalking by funding projects
uniquely designed to address and prevent rural crimes. It encourages
cooperation among law enforcement and

[[Page 13925]]

victim service providers, among others, to investigate criminal
incidents and to offer treatment, education and prevention strategies.
As a husband, father, grandfather, and as a former prosecutor, I know
we can and must do everything we can to combat domestic violence. I
hope that the Hoard's Dairyman article will help raise awareness. No
woman should feel trapped in an abusive relationship, and we must all
work to ensure they are not.
I ask unanimous consent that a copy of the article be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From Hoard's Dairyman, July 2014]

When Life Turned Ugly

Domestic violence is an all too common occurrence in rural America

(By Andrea Stoltzfus)

From the road, the farm looks well kept, the fields
prosperous. The animals are content, the garden is
flourishing. But behind the closed doors, away from the
curious onlookers, the helpful neighbors, a different scene
unfolds--that of domestic violence among rural farm women.
What follows is a real-life conversation with a dairy farm
wife who was a victim of domestic violence. As we move
through the article, we will discuss the multiple layers of
the issue and how women can find help.
``I ended up with this man because I wanted my dreams to
come true of being married to a farmer, enjoying the farm and
quality of life I had growing up on a dairy farm. I was after
the same relationship my parents had. In my mind, it was all
going to be so blissful. We would do chores together and
share life together, enjoy being together and live happily
ever after. I could not have been more wrong. I have learned
that chasing dreams can be very costly, and I don't
necessarily mean money.''

Behind closed doors

Domestic abuse in rural areas is just as likely to happen
as in other communities, but women living in remote areas
face other barriers to reporting the abuse or escaping the
situation. The isolation of farms or ranches from towns can
make it hard for emergency services to respond in a timely
manner. Phone service may be spotty or even obsolete. ``Going
to town'' could mean hours, not minutes, of travel time.
According to the Pennsylvania Coalition Against Domestic
Violence website, the rural culture plays a role in making
abuse reporting difficult.
``A `rural culture' often includes everyone working
together and knowing what is going on in each other's lives.
It is likely that law enforcement, judges, social services
and health care workers, faith leaders, and others know both
the victim and the abuser. As a result, it may be more
uncomfortable to share what is happening behind closed doors.
Victims may feel that people won't take their situation
seriously. In addition, there may be strong ties among
extended families that mean breaking up the family is frowned
upon.''
``The people I got most of my help from were strangers.
Neighbors, friends, family acted like I had the plague. How
could this happen in our family, in our neighborhood, in our
safe small town?''
Additionally, women may be partners in the farm, not only
in the marriage, but in the daily workload and the financial
end of the business. The farm or ranch may be the only source
of family income, and the victim may be reluctant to leave as
she has no other economic resources available.
Rural women have strong emotional ties to the land and
livestock. Leaving could mean neglect or harm for the animals
she cares for. Living on farms means more access to things
that could be used as weapons--axes, chains, pitchforks,
guns--working with farm equipment can be a ready excuse for
injuries.
``I even ended up driving myself to the ER the morning of
my daughter's 8th birthday getting five staples placed in my
scalp where I got hit with a pipe for some stupid reason,
then returned home to finish milking cows. There were several
events like this. I had a bruise all down my arm, and I told
people at work that the milk tank cover fell on my arm, and
that's why it was all black.''
Domestic abuse isn't always about physical abuse--it can
also mean sexual abuse, emotional abuse or financial abuse.
According to the Nebraska Domestic Violence Sexual Assault
Coalition, it is important to know there is not ``one way''
an individual is abusive. When one abuse tactic no longer
provides the abuser the results he/she wants, they will
change to another to get the desired results.
``The milk price had nothing to do with it--he hit before
we had our own herd. The crops, the weather, nothing had a
thing to do with it. My husband loved the control, the power
he had over me.
``It started basically the day after I married him. At that
point, I became property. I remember the chute to the gutter
cleaner breaking into many pieces and me not being able to
shut the gutter cleaner off fast enough.
The memory of being screamed at, called vulgar names, made
to feel totally worthless and brought down to tears for the
first time are etched in my mind. It seemed like whenever
stressful events such as this happened, he would transfer his
anger at the situation to me. I would frequently get pushed
and kicked.
He gradually progressed from just name calling, screaming
and physical abuse to making threats of killing me, pointing
his finger at my forehead and saying `bang.'''

Options seem few

Why don't victims leave the situation?
The reasons are many--including the inability to actually
leave the farm--as they may not have access to a vehicle or
public transportation. A shelter or services could be miles
away, with no advocates or access to legal aid. Even if a
victim decides to pursue legal assistance, it may not be as
easy as it seems.
``I know it seems like this is a black and white issue, but
it's really not. There were lots of things to think about--I
knew I could not run this farm without him here, and most of
all I never wanted at any point to see the farm fail. Many
thoughts raced through my mind:
Do I call the police? No. If he gets arrested, when he gets
out, it will only be worse.
Do I tell people? No. That only means embarrassment and
people knowing that I am not as strong as I seem to be.
When I threatened to divorce him and tell him he would have
to sell out to get my name off loans, he would threaten to
kill me and kill my family.''
Most victims' services groups recommend having an ``escape
plan'' in place, which includes the actions to get to a safe
place and the items to take with them. Making a primary care
provider aware of the home situation can be part of the plan.
``I must also add that, through it all, when I had doctor
appointments, the doctor and I always discussed the issues,
but I always told the doctor that I felt safe and always had
an escape plan. The doctor recommended I go see a
psychiatrist, which helped me through a lot of it and gave me
the inner strength to actually leave.
I realized that, when it got to the point of me saying that
the day he died would be the happiest day in my life, this
was no place to be mentally or physically. I also went to the
county resources for domestic abuse, but all it seemed they
wanted to do was rush me in front of a judge to get a
restraining order, which was not the route I wanted to take.
I was also told that I should go to the police from the
threats of death he would constantly make, but once again I
knew I could not run the farm, and I knew the consequences
would be far worse.''
Phone hotlines, internet sites and local community members
can be a lifeline to an abuse victim. However, limited phone
coverage, the threat of the abuser finding the sites viewed
or neighbors who ``don't want to get involved'' can all be
barriers to finding help.
``Even though resources are out there, it's not as simple
as just utilizing them, as every situation is different, the
fears are different and at different intensities, the degree
of abuse is different, the inner strength of the victim is
different, the family support is different, the family
dynamics are different, so sometimes it's just not that
simple as seeking out resources.''

____________________

CRISIS IN GAZA

Mr. LEAHY. Madam President, the crisis in Gaza is extremely
distressing, particularly to those who had hope for Secretary of State
Kerry's years of shuttle diplomacy between the Government of Israel and
the Palestinian Authority.
After seeing several similar attempts fail in the past, we know that
for such diplomacy to succeed over the long term it will require the
participation not only of representatives of the Israeli and
Palestinian parties to the conflict but also the active support of
Egypt, Jordan, Turkey, and the other Arab states.
Prime Minister Netanyahu and President Abbas are not able to reach an
agreement to end the conflict themselves. Also, any agreement that
lacks the support of Hamas or that cannot withstand the active
opposition of Hamas will almost certainly fail.
According to the Government of Israel, at least 2,600 Hamas rockets
and mortars have been fired indiscriminately toward Israel, forcing
thousands of Israelis into basements and bomb shelters. Fortunately,
most have landed harmlessly, and the U.S.-supplied Iron Dome missile
defense system has intercepted many others.
The latest report of the United Nations Office for the Coordination
of Humanitarian Affairs paints a chilling

[[Page 13926]]

picture of death and destruction in Gaza.
Hamas has placed rocket launchers, ammunition, and tunnels in the
midst of densely populated residential areas, even in mosques and U.N.
facilities, and they are being targeted by Israeli bombs, missiles, and
tank shells. Of course, civilians are literally trapped in the
crossfire. As of today, at least 1,118 Palestinians have been killed,
6,233 injured, and 240,000 displaced from their homes, many of which
have been damaged or destroyed. The overwhelming majority of the
victims have been civilians.
It is clear that Hamas's leaders, who specialize in terrorist
tactics, care far more about their fighters than the safety of Gaza's
civilian population. Yet even safe havens, such as clearly marked
United Nations schools and hospitals, have been hit by Israeli bombs or
missiles, and at least one may have been hit by a Hamas rocket. Many
people, including children, seeking shelter have been killed and
injured as a result.
During this same period, 56 Israeli soldiers have been killed, 400
have been wounded, and 3 Israeli civilians have died.
I sympathize with the argument that Israel had little choice but to
respond forcefully to Hamas's rocket attacks. It is hard to imagine any
government faced with a similar threat to its citizens not responding.
I also support, as we all do, the Israeli Government's goal of
eliminating Hamas's heavy weapons and destroying the dozens of tunnels
that are used to smuggle them into Gaza and to enable Hamas fighters to
sneak into Israel to kill Israelis.
But this is not the first time Israel has sought to achieve these
goals only to fall short, at great human cost. Operation Cast Lead in
2008 resulted in 1,400 Palestinian deaths and the deaths of 3 Israeli
civilians and 6 Israeli soldiers. Then in 2012 there was Operation
Pillar of Defense. Each time, despite the destruction of Hamas's
weapons, launchers, and command posts, Hamas remained in control of
Gaza.
After each of these operations, Hamas rearmed and is as determined
today as it was 2 years ago. It does not appear that either goal, even
if justified and laudable, can be achieved for the long term--if at
all--without inflicting unacceptable civilian casualties.
Israeli authorities stress that its army tries its best to avoid
civilian casualties. They know the impact each innocent death has on
world opinion and on the Palestinian people. Thousands of Palestinians
in the West Bank, many of whom despise Hamas, have joined in
demonstrations against Israel because of the loss of civilian lives in
Gaza.
But what is often ignored in the impassioned debate over this issue,
including by those who rightly point out that the Israeli military at
times provides prior warning to civilians of an imminent attack, is
that Gaza is not like anywhere else. Its residents cannot flee to
safety in a neighboring country, as millions of Syrians have done. They
cannot even escape by boat. Shelters in Gaza that should be safe are
not safe. The people of Gaza are, for all practical purposes,
defenseless, trapped, and unable to avoid the violence.
Hamas has insisted that it will not cease its attacks until Israel
ends its export, import, and border restrictions on Gaza, which the
people of Gaza, who lack safe water, sanitation, reliable electricity,
and other basic necessities, say have made their daily lives nearly
impossible. With each passing day, condemnation of the violence has
intensified. Yet the death toll has continued to rise.
I commend Secretary Kerry for his efforts to broker a humanitarian
ceasefire. There never has been a military solution to the Israeli-
Palestinian conflict, and there is not one today. He deserves our
strong support.
If the ceasefire announced today holds and if the United States
continues to serve as the principle diplomatic intermediary, there
needs to be some new thinking regarding our negotiating strategy. We
cannot afford another dozen years with nothing to show for it, with the
chasm between Israelis and Palestinians even deeper, with radical
extremists further emboldened, and yet another calamity like the one we
are witnessing today.
It is difficult to see how that will be prevented if Hamas continues
to reject Israel's right to exist and refuses to renounce terrorism,
which is fundamental to any solution that brings lasting peace and
security to both Israelis and Palestinians, nor is it likely to be
prevented absent a decision by Israel to substantially ease its
economic restrictions on Gaza. That may be the only way to eliminate
Hamas's excuse for its rocket attacks, to bring desperately needed
economic development to Gaza, and to create the necessary conditions
for the disarming of Hamas.
With each passing day, the grave consequences for the people of Gaza
and Israel, for stability in the region, and for the security of the
United States have become more apparent. The White House should use
every ounce of its influence to help bring this tragic chapter of
history finally to an end.

____________________

CYPRUS

Mr. REID. Madam President, I rise today in recognition of the 40th
anniversary of Turkey's invasion of Cyprus in July 1974, which resulted
in the division of Cyprus.
In 1974, a Turkish military invasion divided Cyprus into two de facto
regions, forcing tens of thousands of Cypriots to flee their homes.
Today, Turkish troops continue to occupy northern Cyprus and, after
four decades, the country remains divided.
This month, the United States remembers those who were forced to flee
their homes and lost their property, and we acknowledge the economic,
political, and humanitarian impacts of this division. I stand to
reaffirm our commitment and support for a comprehensive agreement to
achieve reunification.
I am proud of the strong relationship between the United States and
the Republic of Cyprus, and of our mutual commitment to democracy,
counterterrorism, and economic development. I look forward to the day
when this important partnership is made even stronger by a unified
Cyprus.
I am encouraged by the February 2014 announcement that Cypriot
President Nicos Anastasiades and Turkish Cypriot leader Dervis Eroglu
would resume long-stalled reunification talks. I am hopeful that these
meetings will lay the groundwork for peaceful negotiations that will
result in a fair and lasting solution.

____________________

RECOGNIZING GEORGE WASHINGTON UNIVERSITY PROGRAMS

Mr. REID. Mr. President, I rise in recognition of the George
Washington University Native American Political Leadership Program and
the INSPIRE Pre-College Program.
The Native American Political Leadership Program, NAPLP, provides
Native American, Alaska Native, and Native Hawaiian college students
the opportunity to spend a semester living, working, and studying in
Washington, DC. The promising young leaders who participate in this
invaluable program gain rich academic, professional, and life
experiences in part through congressional internships on Capitol Hill,
including the Senate. Through one-of-a-kind programs, such as NAPLP,
Native American, Alaska Native, and Native Hawaiian students learn
about American Government and the public policy process with an
emphasis on Federal Indian policy, which is important to protecting
tribal sovereignty.
This year, the George Washington University NAPLP hosted their first
INSPIRE Pre-College summer session, which offered a similar educational
opportunity to Native American, Alaska Native, and Native Hawaiian
junior and senior high school students. Exemplary high school students
traveled to Washington, DC, to participate in the program's intensive
3-week curriculum that motivates Native teens to become more active in
the political process and teaches Native youth about the Federal trust
relationship between Indian tribes and the Federal Government. I am
pleased that NAPLP organizers

[[Page 13927]]

were able to offer the first-ever INSPIRE Pre-College program for
Native high school students this summer.
Hailee Brown of the Navajo Nation; Robert Charles of the Native
Village of Koyuk; Lisa Chavez of the Ak-Chin Indian Community; Delilah
Coleman of the Navajo Nation; Lacayah Engebretson, Tlingit and
Athabaskan; Ethan Dan, Yupik; Jessica Petty of the Smith River
Rancheria of the Tolowa Indian Tribe; Devin Jensen of the Sault Ste.
Marie Tribe of Chippewa Indians; Warren Mountain of the Red Lake Band
of Chippewa Indians; Kara Roanhorse of the Navajo Nation; Christie
Wildcat of the Northern Arapaho Tribe were among the first high school
students to participate in the INSPIRE Pre-College Summer Program.
During my time in Congress, I have worked hard to ensure that the
Senate staff and workforce better reflect the diversity of our great
Nation. I am proud that the Senate Democratic Diversity Initiative
maintains a strong partnership with the NAPLP, and I hope that the
experiences gained while participating in these important programs will
continue to provide these outstanding students with profound knowledge,
academic success, and a pathway to careers in government both on and
off of Capitol Hill. I commend the hard work and dedication of the
NAPLP and the INSPIRE Program organizers as well as the many young
scholars. I look forward to welcoming more Native leaders to the
INSPIRE Pre-College program and the NAPLP program in the future.

____________________

REMEMBERING DAVID GORDON HARMON

Mr. McCONNELL. Madam President, today I rise to report some sad news
to my Senate colleagues. David Gordon Harmon--a Kentuckian and U.S. Air
Force veteran--passed away last week at the age of 78.
David was born on April 28, 1936, to William Thomas and Sarah Boyd
Harmon in Dunbar, KY. When he was only 17, he left school to serve his
country in the Air Force. After completing basic training, David served
on Active Duty for 4 years, which included 18 months in the Philippine
Islands and service in the Korean war.
Following his service in the Air Force, David returned home to take
over the family business, Harmon Construction, from his father, which
he ran until he passed down the responsibility to his three sons in
1989.
Outside of his business, David was an active member of the Manchester
Christian Church, served as commander of the DAV Chapter 137 in
Manchester, and played a leading role in the construction of the Clay
County Veterans Memorial. He is a Kentucky Colonel, and was named Clay
County's Man of the Year in 2013.
David is survived by his three sons, as well as his daughter and his
loving wife Elsie Collins Harmon whom he married in 1958.
David served his country with honor, and was a devoted member of his
family, church, and community. He will be missed by all who knew and
loved him.
I ask that my Senate colleagues join me in paying tribute to the life
of David Gordon Harmon.
Rominger Funeral Home recently published an obituary for Mr. Harmon.
I ask unanimous consent that the obituary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record as follows:

[From romingerfuneralhome.com, July 25, 2014]

Mr. David Gordon Harmon

Mr. David Gordon Harmon, age 78, went home to be with the
Lord on Wednesday, July 23, 2014, at the Manchester Memorial
Hospital. He was born on Tuesday, April 28, 1936, in Dunmor,
Kentucky, to the union of William Thomas and Sarah Boyd
Harmon. He was owner of Harmon Construction, a member of the
Manchester Christian Church, a member of Oneida Masonic Lodge
#736, a Veteran of the United States Air Force where he
served in the Korean War, and was a member of the local DAV
chapter for over 25 years where he served as commander for
over 18 years. He was also selected as Clay County's Man of
the Year in 2013.
He leaves to mourn his passing his wife: Elsie Collins
Harmon, whom he united with in marriage on Saturday, July 12,
1958. To this union four children were born: Alice Pearl
Harmon, Tommy Lynn Harmon and his wife Lillie Mae, Michael
Harmon and his wife Margie, and Lester Harmon and his wife
Sandy. He is survived by his grandchildren: Joshua Lyndon
Jones, Naketa Harmon, David G. Harmon II, Rachyl Lynn Harmon,
and his great-grandchild Haley Alexis Jones. Also surviving
are his sisters: Bessie Whitehead and Bonnie Kathryn Bowling.
He is preceded in death by his parents: William Thomas and
Sarah Harmon, and these brothers and sisters: William T.
Harmon II, John Green Harmon, James Harmon, Tommy Joe Harmon,
Ernestine Murphy, and Cleo Howard.
Funeral Services for Mr. David Gordon Harmon will be
conducted on Saturday, July 26, 2014 at 1 p.m. at the
Rominger Funeral Home Chapel. Rev. Brad Stevens and Judge
Oscar Gayle House will be officiating. Burial will follow in
the Manchester Memorial Gardens with full military honors.
Pallbearers will be: Terry Davidson, Jason Harris, Jimmy
Jr. Smith, Rodney Wagers, Bill Ed White, Clayton Russell
Howard, Lee Tyler Brown, and Justin Gay.
Visitation will be held on Friday evening starting at 6
p.m. at the Rominger Funeral Home Chapel. A Masonic service
will begin at 8 p.m. on Friday evening.

____________________

TRIBUTE TO MIGUEL RIVAS

Mr. McCONNELL. Madam President, I rise today to pay tribute to a
proud member of the U.S. Marine Corps, Miguel Rivas. Rivas hails from
Magoffin County, KY, and served his country with honor in two tours of
duty in Iraq and Afghanistan.
Only 18 years old, and having just graduated from Magoffin County
High School, Rivas joined the Marine Corps in 2004. He did so out of a
sense of duty to the country as well as to obtain an education and
employment.
In January of 2006, he was deployed to Camp Fallujah, Iraq with the
1st Marine Expeditionary Force. During this tour he worked on
administrative support duties in addition to holding long, 16-hour
shifts on tower duty.
Rivas was deployed on a second tour in November of 2012, this time in
Kabul, Afghanistan, where he was a part of the ``drive team'' that is
responsible for transporting civilians, military employees and high-
ranking officials between bases.
Rivas served his country honorably in Iraq and Afghanistan. For his
service, he is well deserving of our praise here in the Senate.
Therefore, I ask that my Senate colleagues join me in honoring Miguel
Rivas.
The Salyersville Independent recently published an article detailing
Rivas' service in Iraq and Afghanistan. I ask unanimous consent that
the full article be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Salyersville Independent, July 3, 2014]

Rivas Serves Two Tours to the Middle East

(By Heather Oney)

Miguel A. Rivas, a graduate of Magoffin County High School,
joined the United States Marine Corps in May 2004 at the age
of 18, wanting to fight for America's freedom, as well as
secure an education and employment. Rivas said he also joined
because he wanted to travel, which the Marines have allowed
him to do, serving in Iraq and Afghanistan, as well as all
over the U.S.
On the same day he enlisted, Rivas left for recruit
training in Parris Island, South Carolina, and in July went
to a school of infantry in Camp Lejeune, North Carolina, for
basic training.
``We dug man holes and stayed in them for 24 hours,'' Rivas
remembers. ``This was one of my favorite parts of being a
Marine.''
In September 2004 he was sent to Camp Johnson, North
Carolina, for Personal Administration School to learn basic
administration procedures of the Marines. Then in November
the same year he went to the 1st Marine Expeditionary Force
Headquarters Group, in Camp Pendleton, California, where
Rivas worked on a daily basis in administration.
Rivas was deployed to Camp Fallujah, Iraq, in January 2006
with the 1st Marine Expeditionary Force Headquarters Group.
While there, he held administrative support duties, as well
as tower duty, where they would stand for 16-hour shifts in
the tower, watching to make sure no one entered the base from
their positions. He worked at a gate on the base, scanning
all the eyes of the Local Nationals that would enter the base
to work.
``The living conditions were not so bad,'' Rivas said. ``We
had hard-standing buildings to sleep in at night and then we
had trailers that had showers and bathrooms. We had a

[[Page 13928]]

chow facility to eat so we didn't have to eat the MRE's
unless we were out on patrols for a few days. So, overall,
the living conditions were okay.''
After returning from Iraq, he held multiple administrative
and supervisory positions at Camp Pendleton, California,
Grand Rapids, Michigan, and Yuma, Arizona.
In November 2012, Rivas was deployed for his second tour,
this time sent to Kabul, Afghanistan, with the United States
Forces Afghanistan, working with the Navy and Air Force to
make sure every servicemember received their awards before
departing to the U.S.
Also in Afghanistan, Rivas was on the drive team,
responsible for safely transporting civilian military
employees, servicemembers and high-ranking officers around to
different bases in Afghanistan.
Living in a five-story building that included everything
inside, such as a gym, their rooms (with a restroom in each
one), and Wi-Fi connections, Rivas said this was the best
living conditions he had ever had.
Rivas is married to Elizabeth Chaves Rivas and they have
four kids, Lizette Marie Arizmendi, Ruben Fernando Arizmendi,
Antonio Miguel Rivas and Kaylani Aziana Rivas.
``I want everyone to know she is the reason that I had a
long successful Marine Corps career,'' Rivas said. ``My kids
are my life and the greatest joy in the world is being a
father.''

____________________

TRIBUTE TO JAMES P. SIMONS

Mr. McCONNELL. Madam President, I rise today to pay tribute to U.S.
Army veteran and former CPT James P. Simons, one of our Nation's and
the Commonwealth of Kentucky's brave heroes from the Vietnam war.
From June 1966 to June 1967, Mr. Simons served as a lieutenant in
Troop A, 1st Squadron, 9th Cavalry, 1st Cavalry Division, Airmobile, in
South Vietnam. During the first 9\1/2\ months of his deployment, then-
Lieutenant Simons flew unarmed OH-13 helicopters as a scout pilot,
flying deep into enemy territory, above the jungle, to search for
insurgents below. Lieutenant Simons would radio back enemy locations to
his post, and American forces would move in.
Lieutenant Simons logged an incredible 1,430 flight hours during the
first 9\1/2\ months of his deployment. He often flew four and five
missions per day, landing every few hours to refuel and returning to
the air a short time later. Ten- and 12-hour days spent flying in enemy
territory were not uncommon. During a period in which scout pilots were
scarce, Lieutenant Simons remarkably flew missions on 27 consecutive
days.
Captain Simons has received numerous medals for his heroism and
service during the Vietnam war. They include: the Vietnam Campaign
Medal, the Vietnam Service Medal, the National Defense Service Medal,
and two Air Medals--a rarity--which were needed to appropriately
represent the 625 combat missions Lieutenant Simons flew in Vietnam. In
addition to these medals, former Captain Simons has received three
Purple Hearts, the Bronze Star, the Distinguished Flying Cross, and the
Distinguished Service Cross.
Mr. Simons received Purple Hearts for each of the combat wounds he
sustained; he was injured twice when the helicopters he was piloting
were shot down by enemy fire. The third injury occurred when the enemy
launched a nighttime mortar attack and a mortar exploded in Lieutenant
Simons' tent. Following the attack, Lieutenant Simons was transported
to a field hospital where he had 26 pieces of shrapnel removed. After
sustaining his third combat injury, Lieutenant Simons was no longer
permitted to fly due to the number of times he had been wounded. He
spent the remaining 10 weeks of his tour in Vietnam serving our
military and our country in other capacities.
Mr. Simons received the prestigious Distinguished Flying Cross due to
his valiant action on November 24, 1966, during a search-and-destroy
mission near Bong Son, Vietnam. Lieutenant Simons was flying ahead of
U.S. ground forces to locate areas concentrated with enemies when he
took on machine gun fire. In the face of this attack, Lieutenant Simons
conducted reconnaissance of the area to assist with the ground mission.
As he took on heavy enemy fire his helicopter eventually was shot down.
Lieutenant Simons fortunately was not wounded, and he bravely assisted
an injured crewmember in seeking cover before the two were evacuated.
Less than 1 month later, on December 17, 1966, Lieutenant Simons
carried out acts of bravery for which he ultimately was awarded the
Distinguished Service Cross, the military's second-highest decoration
for a member of the U.S. Army. He received this award for his
``extraordinary heroism'' during yet another ground search-and-destroy
mission near Bong Son, Vietnam.
Lieutenant Simons was leading a helicopter scout group screening
ahead for U.S. forces on the ground. During heavy exchanges of ground
fire, Lieutenant Simons flew low and in harm's way to mark enemy
positions with smoke grenades. As the battle continued, Lieutenant
Simons saw that U.S. troops below him had become stranded. In response,
he dropped grenades on enemy bunkers and continued to fly low to
attract enemy fire so his fellow American servicemembers could be
rescued. Lieutenant Simons took a number of actions at tremendous
personal risk, and his heroism and selflessness ultimately saved the
lives of three of his fellow comrades.
Former Captain Simons' courageous military service on behalf of the
United States during the Vietnam war deserves the recognition of this
body. Thus, I ask that my Senate colleagues join me in honoring Mr.
James P. Simons today.

____________________

TRIBUTE TO NANCY OLKEWICZ

Mr. DURBIN. Madam President, today, I want to talk about the worst
kept secret in the Senate. Nancy Olkewicz is really great at her job. I
have depended on her many times as have many others in this Chamber.
She has had many roles in the Senate, and she has been spectacular with
all of them. She has served under chairmen like the late Senator Robert
C. Byrd, Senator Harry Reid, and me. Over the years, she has been given
many challenging assignments, and she has never failed to deliver. It
is with great pride and some sadness that Nancy has announced her plans
to leave the Senate Sergeant at Arms and retire from the Senate this
summer. We celebrate her 36 years with us. She will be very much
missed.
Many people in Washington see their professions as just jobs. For
Nancy, her work has meant much more than that. The agencies she helped
fund and the people she has worked with are her second family. She has
been working in the Senate since she was 19 and an aide to Senator Paul
Sarbanes. Nancy practically grew up in the Senate. Her countless
friends and the respect she has earned from both sides of the aisle are
a testament to her accomplishments and her demeanor.
If you want to see a monument to Nancy's work here, look no further
than the Senate rain garden. This innovation has been capturing and
filtering runoff from parking lots to reduce storm water flooding and
keep pollutants from entering local streams and rivers for 10 years
now. This remarkable project could not have happened without Nancy's
work for the Legislative Branch Appropriations Subcommittee. Thanks to
her tenacity and pleasant--but stern--oversight, the Senate rain garden
was completed on time and under budget. Today, the Senate rain garden
stands as a constant reminder of sustainability and stewardship every
day for the visitors and staffers on Capitol Hill.
I could go on much longer talking about Nancy. She is accomplished,
humble, and kind. Many of us in the Senate, from the men and women
responsible for maintaining these hallowed halls to the most senior
Senators, have been on the receiving end of her bright smile and
cheerful greetings. Three million annual visitors and thousands of
staffers are unknowing beneficiaries of years of work she contributed
quietly behind the scenes, playing a pivotal role in the construction
of Capitol Visitor Center.
So what is Nancy going to do now? She is excited about joining the
National Fish and Wildlife Foundation, where she will contribute her
considerable skills to conservation efforts across the country.
While I wish her continued success in her new job, I have a suspicion
her future also will involve a certain baseball

[[Page 13929]]

team not too far from here, the Washington Nationals. Nancy is a fourth
generation Washingtonian, and she is all in for the Nats. I hope Bryce
Harper and Jayson Werth understand that they will have to up their
game. Because Nancy will be there, coaching them from the stands.
It is with great pride that I ask my colleagues to join me in
thanking Nancy for her long career in the Senate and celebrating the
many contributions she has made here. Her extraordinary work will be
remembered by many. Thank you, Nancy Olkewicz.

____________________

UKRAINE

Mr. LEVIN. Madam President, the world was united in horror at the
downing of Malaysia Airlines Flight 17 over Ukraine. Subsequent events
have only intensified that horror, as we have learned the airliner and
its nearly 300 passengers and crew were shot out of the sky by a
sophisticated missile and radar system, a system operated from
territory that rebels occupy in eastern Ukraine. We do not know if
Russia played any direct role in downing the jetliner, but we do know
that Russia supplied the equipment, and that it fomented the unlawful
insurrection that led to this horrific event.
The world has been unified in its condemnation of this atrocity.
There is strengthened support, both in the United States and among our
allies, for stronger action to confront Russian aggression, restore
stability in Ukraine, reassure our friends in the region, and allow the
Ukrainian people a future they choose, rather than one dictated from
Moscow. I commend President Obama's action this week to lead a
coalition that has further strengthened sanctions against Russia and
those who seek to destabilize Ukraine.
But we need to do more. We need to do more because so far, every time
President Putin has had the opportunity to veer off his destructive
course, he has chosen instead obfuscation, denial and further
aggression. The United States has already provided some nonlethal
military support to Ukraine. But I believe it is time for us and our
allies to intensify that support, and to help Ukraine exercise
sovereignty and maintain its territorial integrity while dissuading
Russia from further intervening.
The Ukrainian military has achieved important successes in recent
weeks against the rebels who would dismantle Ukraine, significantly
shrinking rebel-controlled territory. Left on its own, it appears the
Ukrainian government will be able to reassert control over eastern
Ukraine. But this job has been more difficult because of the backing of
Russia for the rebels, including its provision of heavy weapons. It
will become all but impossible if Russia decided to cross the border
with its own troops. We should take additional steps to help Ukraine
reclaim sovereignty in eastern Ukraine and try to deter Russia from
crossing the border.
As part of this effort we should provide Ukraine with defensive
weapons--such as anti-tank weapons--that can help Ukraine reclaim its
territory and deter Russian aggression, without being needlessly
provocative to the Russians. These are defensive weapons, not
provocative weapons.
There is a clear path out of this violence, violence whose impact we
now tragically know is not limited to Ukraine's borders. Russia can end
its backing for rebels whose fighting capabilities are wholly dependent
on Russian support. Russia can join the world in calling on those
rebels to participate in the Ukrainian's government's good-faith
efforts to resolve political disputes by peaceful means. Russia can
allow Ukraine to exercise sovereignty over territory it lawfully
controls.
Russia can choose that path. But we may not know its choice until it
is too late. We should provide the military assistance that can help
Ukraine defend itself, reclaim its sovereign territory and hopefully
deter further Russian intervention.

____________________

CLOSING DOMESTIC VIOLENCE LOOPHOLES

Mr. LEVIN. Madam President, studies have estimated that over one in
three American women will face some form of domestic abuse in their
lifetime, and that when guns are present during incidents of domestic
violence, the risk of homicide escalates over 500 percent.
As the statistics suggest, the combination of domestic violence and
firearms can lead to horrific tragedies. Like in May 2014, when Lori
Jackson of Oxford, CT filed for a restraining order against her
abusive, estranged husband. The court granted her a temporary
restraining order while she waited 2 weeks for a hearing to obtain a
permanent restraining order. In the meantime, fearful of her husband,
Ms. Jackson took her twin 18-month-olds and fled. But before Ms.
Jackson could obtain a permanent order, her husband found her, stormed
the house where she was staying, fatally shot her and wounded her
mother.
This is a tragedy that could have been prevented. The Violence
Against Women Act, which Congress first passed in 1994, included a
common-sense provision to prevent people subject to a permanent
restraining order from buying or possessing a gun. Since 1994, this
provision has saved countless lives.
But there is a critical loophole in this law: while people subject to
a permanent restraining order are prohibited from having a weapon, this
safeguard does not apply to those subject to a temporary restraining
order. This loophole left Ms. Jackson, who had obtained a temporary
restraining order against her husband and was awaiting a permanent
order, perilously vulnerable in the dangerous days immediately after
she left her spouse.
It is long past time to close this loophole. That is why I am a
cosponsor of the Lori Jackson Domestic Violence Survivor Protection Act
of 2014. This bill would prevent individuals subject to temporary
restraining orders--like Ms. Jackson's husband--from buying or
possessing a gun for the duration of that temporary order. It also
would expand the legal definition of `intimate partner' to include
individuals who are simply dating partners.
But closing the temporary restraining order loophole is just the
first step. Sadly, a patchwork of inadequate State and local resources
hamstrings the effectiveness of these lifesaving laws. In reality, just
issuing a permanent restraining order that legally disqualifies a
person from purchasing a firearm does not necessarily mean the person's
name will be added to the National Instant Criminal Background Check,
NICS system. Nor does it mean that law enforcement will be notified of
the urgent need to remove firearms from that dangerous person's
possession.
That is why I am also a cosponsor of the Domestic Violence Gun
Homicide Prevention Act. This bill would establish new grants to assist
States in carrying out policies that, among other things, encourage
State and local courts to account for whether a domestic abuser
possesses a gun that they may use against their victims and to order
the recovery of those guns, when appropriate. The grants created by
this bill would provide vital assistance to the law enforcement
professionals we trust with the safety of our communities, and would go
a long way toward better enforcement of the gun safety laws we already
have on the books.
The decision to flee from an abusive partner or spouse is
extraordinarily difficult and courageous. Congress should honor the
people who have taken this step by passing common-sense legislation to
protect those who may need to do it in the future. I urge my colleagues
to move quickly to pass these urgently-needed measures.

____________________

BUDGETARY REVISIONS

Mrs. MURRAY. Madam President, I previously filed budgetary aggregates
and committee allocations for budget years 2014 and 2015 pursuant to
section 116 of the Bipartisan Budget Act of 2013. Today, I am adjusting
those levels.
Section 251 of the Balanced Budget and Emergency Deficit Control Act
of 1985 establishes statutory limits on discretionary spending and
allows for various adjustments to those limits, while

[[Page 13930]]

sections 302 and 314(a) of the Congressional Budget Act allow the
Chairman of the Budget Committee to establish and make revisions to
allocations, aggregates, and levels consistent with those adjustments.
The Senate will be considering legislation that is eligible for
adjustments under the Congressional Budget Act: S. 2648, the Emergency
Supplemental Appropriations Act, 2014, which includes $3.571 billion in
budget authority and $2.913 billion in outlays that is designated as
emergency funding pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Consequently, I am revising the budgetary aggregates for 2014 by a
total of $3.571 billion in budget authority and $25 million in outlays.
I am also revising the budgetary aggregates for 2015 by a total of
$2.888 billion in outlays. In addition, I am revising the budget
authority and outlay allocations to the Appropriations Committee for
2014 by $3.346 billion in nonsecurity budget authority, $225 million in
security budget authority, and $25 million in total outlays. I am
revising the outlay allocations to the appropriations committee for
2015 by $2.888 billion.
I ask unanimous consent that the following tables detailing the
changes to the allocation to the Committee on Appropriations and the
budgetary aggregates be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

BUDGETARY AGGREGATES--
[Pursuant to section 116 of the Bipartisan Budget Act of 2013 and
section 311 of the Congressional Budget Act of 1974]
------------------------------------------------------------------------
$s in millions 2014 2015
------------------------------------------------------------------------
Current Spending Aggregates:*
Budget Authority.......................... 2,842,558 3,015,208
Outlays................................... 2,819,514 3,035,686
Adjustments:
Budget Authority.......................... 3,571 0
Outlays................................... 25 2,888
Revised Spending Aggregates:
Budget Authority.......................... 2,846,129 3,015,208
Outlays................................... 2,819,539 3,038,574
------------------------------------------------------------------------
*2014 current spending aggregates reflect previous adjustments made for
the farm bill and unemployment insurance. 2015 current spending
aggregates reflect previous adjustments made for disaster, overseas
contingency operations, and terrorism risk insurance.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2014
PURSUANT TO SECTIONS 302 AND 314(a) OF THE CONGRESSIONAL BUDGET ACT OF 1974
----------------------------------------------------------------------------------------------------------------
Current allocation/ Adjusted
In millions of dollars limit Adjustments* allocation/limit
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2014:
Revised Security Category Discretionary Budget 605,882 225 606,107
Authority......................................
Revised Nonsecurity Category Discretionary 504,843 3,346 508,189
Budget Authority...............................
General Purpose Discretionary Outlays........... 1,201,186 25 1,201,211
Memorandum: Total Discretionary Budget 1,110,725 3,571 1,114,296
Authority..................................
----------------------------------------------------------------------------------------------------------------
*Pursuant to section 314(a) of the Congressional Budget Act of 1974, the allocation to the Committee on
Appropriations will be adjusted following the reporting of bills, offering of amendments, or submission of
conference reports that qualify for adjustments to the discretionary spending limits as outlined in section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2015
PURSUANT TO SECTIONS 302 AND 314(a) OF THE CONGRESSIONAL BUDGET ACT OF 1974
----------------------------------------------------------------------------------------------------------------
Current allocation/ Adjusted
In millions of dollars limit Adjustments* allocation/limit
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2015:
Revised Security Category Discretionary Budget 579,851 0 579,851
Authority......................................
Revised Nonsecurity Category Discretionary 508,872 0 508,872
Budget Authority...............................
General Purpose Discretionary Outlays........... 1,191,903 2,888 1,194,791
Memorandum: Total Discretionary Budget 1,088,723 0 1,088,723
Authority..................................
----------------------------------------------------------------------------------------------------------------
*Pursuant to section 314(a) of the Congressional Budget Act of 1974, the allocation to the Committee on
Appropriations will be adjusted following the reporting of bills, offering of amendments, or submission of
conference reports that qualify for adjustments to the discretionary spending limits as outlined in section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2014 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTIONS 302
AND 314(a) OF THE CONGRESSIONAL BUDGET ACT
----------------------------------------------------------------------------------------------------------------
Overseas
$s in billions Program Disaster Emergency Contingency Total
Integrity Relief Operations
----------------------------------------------------------------------------------------------------------------
S. 2648, Emergency Supplemental
Appropriations Act 2014*
Budget Authority............ 0.000 0.000 3.571 0.000 3.571
Outlays..................... 0.000 0.000 0.025 0.000 0.025
Total
Budget Authority............ 0.000 0.000 3.571 0.000 3.571
Outlays**................... 0.000 0.000 0.025 0.000 0.025
Breakdown of Above Adjustments
by Category
Revised Security Category 0.000 0.000 0.225 0.000 0.225
Budget Authority***........
Revised Nonsecurity Category 0.000 0.000 3.346 0.000 3.346
Budget Authority...........
General Purpose 0.000 0.000 0.025 0.000 0.025
Discretionary Outlays......
----------------------------------------------------------------------------------------------------------------
*This table reflects the Congressional Budget Office estimate of S. 2648, the Emergency Appropriations Act, 2014
as introduced in the Senate on July 23, 2014.
**S. 2648 includes $3.567 billion in total outlays from 2014-2020. Outlays total $654 million from 2016-2020.
***The Emergency Supplemental Appropriations Act includes $225 million in function 050 (Defense) spending for
Iron Dome.

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2015 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTIONS 302
AND 314(a) OF THE CONGRESSIONAL BUDGET ACT
----------------------------------------------------------------------------------------------------------------
Overseas
$s in billions Program Disaster Emergency Contingency Total
Integrity Relief Operations
----------------------------------------------------------------------------------------------------------------
S. 2648, Emergency Supplemental
Appropriations Act, 2014*
Budget Authority............ 0.000 0.000 0.000 0.000 0.000
Outlays..................... 0.000 0.000 2.888 0.000 2.888
Total
Budget Authority............ 0.000 0.000 0.000 0.000 0.000
Outlays**................... 0.000 0.000 2.888 0.000 2.888
Breakdown of Above Adjustments
by Category
Revised Security Category 0.000 0.000 0.000 0.000 0.000
Budget Authority...........
Revised Nonsecurity Category 0.000 0.000 0.000 0.000 0.000
Budget Authority...........
General Purpose 0.000 0.000 2.888 0.000 2.888
Discretionary Outlays......
----------------------------------------------------------------------------------------------------------------
*This table reflects the Congressional Budget Office estimate of S. 2648, the Emergency Appropriations Act, 2014
as introduced in the Senate on July 23, 2014.
**S. 2648 includes $3.567 billion in total outlays from 2014-2020. Outlays total $654 million from 2016-2020.

Mrs. MURRAY. Madam President, I previously filed budgetary aggregates
and committee allocations for budget years 2014 and 2015 pursuant to
section 116 of the Bipartisan Budget Act of 2013. In addition, earlier
today, I filed revisions to those levels for S. 2648, the Emergency
Supplemental Appropriations Act, 2014. Those adjustments were made as a
result of funding designated as emergency requirements in S. 2648
pursuant to section

[[Page 13931]]

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985. Because the Senate did not pass S. 2648, I am now
reversing the adjustments I filed earlier today.
Consequently, I am revising the budgetary aggregates for 2014 by a
total of -$3.571 billion in budget authority and -$25 million in
outlays. I am also revising the budgetary aggregates for 2015 by a
total of -$2.888 billion in outlays. In addition, I am revising the
budget authority and outlay allocations to the Appropriations Committee
for 2014 by -$3.346 billion in nonsecurity budget authority, -$225
million in security budget authority and -$25 million in total outlays.
I am revising the outlay allocations to the appropriations committee
for 2015 by -$2.888 billion.
I ask unanimous consent that the following tables detailing the
changes to the allocation to the Committee on Appropriations and the
budgetary aggregates be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

BUDGETARY AGGREGATES--PURSUANT TO SECTION 116 OF THE BIPARTISAN BUDGET ACT OF 2013 AND SECTION 311 OF THE
CONGRESSIONAL BUDGET ACT OF 1974
----------------------------------------------------------------------------------------------------------------
$s in millions 2014 2015
----------------------------------------------------------------------------------------------------------------
Current Spending Aggregates:*
Budget Authority................ 2,846,129 3,015,208
Outlays......................... 2,819,539 3,038,574
Adjustments:**
Budget Authority................ -3,571 0
Outlays......................... -25 -2,888
Revised Spending Aggregates:
Budget Authority................ 2,842,558 3,015,208
Outlays......................... 2,819,514 3,035,686
----------------------------------------------------------------------------------------------------------------
*2014 current spending aggregates reflect previous adjustments made for the farm bill and unemployment
insurance. 2015 current spending aggregates reflect previous adjustments made for disaster, overseas
contingency operations, terrorism risk insurance, and the Emergency Supplemental Appropriations Act.
**This adjustment removes the amounts previously filed for S. 2648, the Emergency Supplemental Appropriations
Act, because the bill did not pass the Senate.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2014
PURSUANT TO SECTIONS 302 AND 314(a) OF THE CONGRESSIONAL BUDGET ACT OF 1974
----------------------------------------------------------------------------------------------------------------
Current Adjusted
In millions of dollars allocation/limit Adjustments* allocation/limit
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2014:**
Revised Security Category Discretionary Budget 606,107 -225 605,882
Authority.....................................
Revised Nonsecurity Category Discretionary 508,189 -3,346 504,843
Budget Authority..............................
General Purpose Discretionary Outlays.......... 1,201,211 -25 1,201,186
----------------------------------------------------------------------------------------------------------------
Memorandum: Total Discretionary Budget 1,114,296 -3,571 1,110,725
Authority.....................................
----------------------------------------------------------------------------------------------------------------
*Pursuant to section 314(a) of the Congressional Budget Act of 1974, the allocation to the Committee on
Appropriations will be adjusted following the reporting of bills, offering of amendments, or submission of
conference reports that qualify for adjustments to the discretionary spending limits as outlined in section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
**This adjustment removes the amounts previously filed for S. 2648, the Emergency Supplemental Appropriations
Act, because the bill did not pass the Senate.

REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS FOR FISCAL YEAR 2015
PURSUANT TO SECTIONS 302 AND 314(a) OF THE CONGRESSIONAL BUDGET ACT OF 1974
----------------------------------------------------------------------------------------------------------------
Current Adjusted limit
In millions of dollars allocation/limit Adjustments* allocation/limit
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2015:**
Revised Security Category Discretionary Budget 579,851 0 579,851
Authority.........................................
Revised Nonsecurity Category Discretionary Budget 508,872 0 508,872
Authority.........................................
General Purpose Discretionary Outlays.............. 1,194,791 -2,888 1,191,903
----------------------------------------------------------------------------------------------------------------
Memorandum: Total Discretionary Budget 1,088,723 0 1,088,723
Authority.....................................
----------------------------------------------------------------------------------------------------------------
*Pursuant to section 314(a) of the Congressional Budget Act of 1974, the allocation to the Committee on
Appropriations will be adjusted following the reporting of bills, offering of amendments, or submission of
conference reports that qualify for adjustments to the discretionary spending limits as outlined in section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.
**This adjustment removes the amount previously filed for S. 2648, the Emergency Supplemental Appropriations
Act, because the bill did not pass the Senate.

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2014 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTIONS 302
AND 314(a) OF THE CONGRESSIONAL BUDGET ACT
----------------------------------------------------------------------------------------------------------------
Overseas
$s in billions Program Disaster Emergency contingency Total
integrity relief operations
----------------------------------------------------------------------------------------------------------------
S. 2648, Emergency Supplemental
Appropriations Act, 2014*
Budget Authority............ 0.000 0.000 -3.571 0.000 -3.571
Outlays..................... 0.000 0.000 -0.025 0.000 -0.025
Total
Budget Authority.......... 0.000 0.000 -3.571 0.000 -3.571
Outlays................... 0.000 0.000 -0.025 0.000 -0.025
----------------------------------------------------------------------------------------------------------------
Breakdown of Above Adjustments
by Category
Revised Security Category 0.000 0.000 -0.225 0.000 -0.225
Budget Authority...........
Revised Nonsecurity Category 0.000 0.000 -3.346 0.000 -3.346
Budget Authority...........
General Purpose 0.000 0.000 -0.025 0.000 -0.025
Discretionary Outlays......
----------------------------------------------------------------------------------------------------------------
*The table reflects the adjustment to remove the amounts previously filed for S. 2648, the Emergency
Supplemental Appropriations Act, because the bill did not pass the Senate.

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2015 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTIONS 302
AND 314(a) OF THE CONGRESSIONAL BUDGET ACT
----------------------------------------------------------------------------------------------------------------
Overseas
$s in billions Program Disaster Emergency contingency Total
integrity relief operations
----------------------------------------------------------------------------------------------------------------
S. 2648, Emergency Supplemental
Appropriations Act, 2014*
Budget Authority............ 0.000 0.000 0.000 0.000 0.000
Outlays..................... 0.000 0.000 -2.888 0.000 -2.888
Total
Budget Authority.......... 0.000 0.000 0.000 0.000 0.000
Outlays................... 0.000 0.000 -2.888 0.000 -2.888
----------------------------------------------------------------------------------------------------------------
Breakdown of Above Adjustments
by Category
Revised Security Category 0.000 0.000 0.000 0.000 0.000
Budget Authority...........
Revised Nonsecurity Category 0.000 0.000 0.000 0.000 0.000
Budget Authority...........
General Purpose 0.000 0.000 -2.888 0.000 -2.888
Discretionary Outlays......
----------------------------------------------------------------------------------------------------------------
*The table reflects the adjustment to remove the amounts previously filed for S. 2648, the Emergency
Supplemental Appropriations Act, because the bill did not pass the Senate.

[[Page 13932]]

____________________

50TH ANNIVERSARY OF EVERETT ALVAREZ'S CAPTIVITY IN VIETNAM

Mr. McCAIN. Madam President, today I honor a superb leader, intrepid
warrior, and outstanding role model. Fifty years ago on August 4, then-
LTJG Everett ``Ev'' Alvarez, was shot down in his A-4 Skyhawk during a
bombing mission in the Gulf of Tonkin. Everett was the first U.S. pilot
shot down over North Vietnam and served 8\1/2\ years--the second-
longest tenure of any U.S. prisoner of war. Over the years, hundreds of
other American prisoners joined him in Hoa Lo prison and similar
detention centers around the country. Despite starvation and other
significant health challenges, Everett had the physical, mental,
emotional, and spiritual strength to endure the harshest conditions
imaginable until his release on February 12, 1973.
Mr. Alvarez went on to complete a 20-year career in the Navy,
retiring as a Commander in 1980. His service to our Nation, however,
did not end there. Upon retirement, Everett earned a law degree and in
1981 was appointed by President Reagan to be the Deputy Director of the
Peace Corps. Quickly proving his ability to lead outside of the
military, a year later President Reagan nominated him in 1982 to be the
Deputy Administrator of the U.S. Department of Veterans Affairs,
serving 6 years. Everett went on to serve on several boards, including
the board of regents of the Uniformed Services University of the Health
Sciences, is a lifetime member on the board of fellows of his alma
mater, Santa Clara University, and earlier this year was asked by
Secretary Hagel to be a member of the Vietnam War Commemoration
Advisory Council.
His performance in and out of uniform has been widely recognized, to
include the Silver Star, two Legions of Merit, two Bronze Stars, the
Distinguished Flying Cross, as well as the Lone Sailor Award, an honor
bestowed to sea service veterans for exceptional civilian leadership.
Everett has made an indelible impact on his fellow prisoners, service
members, and organizations he has been associated with over his
lifetime. He is the co-author of two seminal works on the experience of
living in captivity--``Chained Eagle'' and ``Code of Conduct.''
Committing a lifetime of service to our Nation, Ev personifies the
indomitable American spirit and is a shining example of strength
through adversity. In an interview he once famously said, ``Together we
stepped into the dungeons and we faced the dragon, and we came out of
it.'' On this occasion, I believe it is fitting to recognize Everett
Alvarez's 50 years of distinguished service to our Nation.

____________________

U.S. CUSTOMS SERVICE ANNIVERSARY

Mr. WYDEN. Madam President, today, July 31, 2014, marks the 225th
anniversary of the signing by President George Washington of
legislation establishing the U.S. Customs Service, the oldest legacy
agency of U.S. Customs and Border Protection, CBP, currently within the
Department of Homeland Security. The U.S. Customs Service was created
by the 5th Act of the 1st Congress.
The U.S. Customs Service placed controls on imports and exports and
on shipping and trade, which were deemed essential by the founders of
the Republic, and would have been impossible without implementation by
an honest, resourceful, and efficient Customs Service. The original
Customs collectors, the Customs houses, and today's CBP officers have
stood for 225 years as the embodiment of Federal authority at our ports
of entry.
After 225 years, the ever more complex demands of our economy and our
society require CBP officers to remain alert and ready to perform on
short notice a widening variety of tasks. Today's dedicated CBP
personnel, and their predecessor Customs inspectors, have been the
first line of defense against the entry into the United States of
terrorists, terrorist weapons, illicit drugs and other contraband
goods, while protecting the economic well-being of the Nation, and
supporting American jobs, by facilitating legitimate trade and travel,
and protecting this country's intellectual property rights.

____________________

ISRAEL

Ms. LANDRIEU. Madam President, I come to the floor today in support
of the State of Israel, our closest and most critical ally in the
Middle East. The escalating violence between Israel and Hamas is
extremely disheartening. At this time of extreme instability and
conflict in the region, the clear and unyielding support of the United
States for Israel is more critical than ever. While we all hope for a
peaceful ceasefire and a return to negotiations between Israel and the
Palestinian Authority, we cannot ignore the current situation.
For weeks now, Israel has been responding to Hamas militants in Gaza
whose clear mission is to exact a civilian death toll. It is an often-
used tactic of Hamas, a designated foreign terrorist organization, to
launch rockets into Israel at civilian targets. In doing so, they not
only harm innocent Israelis but put Palestinian civilians in danger as
well. Hamas's exposure of their own population to danger is made worse
when they use civilians in Gaza as human shields. When Hamas used
cement for the construction of tunnels to attack and kidnap civilians
instead of using it for the construction of peaceful infrastructure
projects, they literally chose the path of conflict over the path of
peace. Israel has the undeniable right to defend itself against these
threats to their civilians, and we must stand by our friend and help
protect innocent lives in any way we can.
One thing we can do to continue to support Israel is to continue to
support the Iron Dome missile defense system. The United States has
provided financial support for this state-of-the-art defense system for
years, and I, and many of my colleagues from both parties, have been
strong and continual supporters since its inception. The technology is
extraordinarily effective at stopping rockets fired at civilian targets
in Israel from Gaza; according to some estimates, it has intercepted
about 90 percent of rockets, which otherwise could have hit major
population centers in Israel. Ultimately, the Iron Dome protects
innocent lives, and I shudder to think of what this conflict's death
toll in Israel might be without it. I am reassured that the Senate
Appropriations Defense Subcommittee doubled the administration's
funding request for the Iron Dome recently, and I commend my colleagues
for this tangible show of support for Israel.
I, along with many of my colleagues, am deeply committed to the
security of Israel, and I am saddened by the loss of civilian lives on
both sides of the current conflict. Too much innocent blood has been
shed already.

____________________

CHINESE DRYWALL

Ms. LANDRIEU. Madam President, I wish to join my colleague, Senator
Nelson, in expressing frustration over the Chinese Government's failure
to remedy the damages to homeowners, businesses, and contractors caused
by Chinese drywall companies.
Beginning some 10 years ago, drywall manufactured by Chinese
companies was imported to the United States. A significant amount of
the imported Chinese drywall proved to be defective. In my State, this
drywall was mostly used in homes and businesses that had suffered
substantial damages from Hurricanes Katrina and Rita. In total, there
were thousands of cases in the gulf coast area.
The drywall emitted sulfur gases, which caused physical damage to the
homes and significant health problems for the residents. The sulfur gas
severely corroded metals found in plumbing, electrical wiring, air-
conditioning systems, and household appliances. Health issues included
skin irritation, persistent cough, bloody noses, and asthma attacks.
For many families who lived through these hurricanes, having to
completely rebuild a home again was yet another obstacle to their
recovery.
I have maintained that the Consumer Product Safety Commission should

[[Page 13933]]

have served as the first line of defense in preventing this inferior
product from entering the U.S. market. Nevertheless, manufacturers, no
matter where they are located, have a responsibility to consumers
harmed by defective products.
The homeowners sought relief in court, and most of the cases were
consolidated in the Eastern District of Louisiana, where the court
identified two companies as the primary perpetrators; Knauf Entities
and Taishan Entities. Knauf Entities participated in litigation and
paid damages. Unfortunately, Taishan Entities has refused to appear to
defend lawsuits in U.S. courts and will not negotiate with those harmed
by the defective sheetrock.
The Honorable Judge Eldon Fallon of the Eastern District of Louisiana
issued an order holding Taishan in both civil and criminal contempt on
July 17, 2014. The order also enjoined Taishan and its affiliates from
conducting business in the United States until it participates in the
judicial process. Although this is a win for Taishan's victims, they
deserve and require tangible compensation for their losses.
The Chinese Government has shown no willingness to hold this company
accountable. Meanwhile, thousands of families are still waiting for
justice. We cannot allow Taishan Entities to hide from the United
States judicial process and further injure those who have suffered.
I urge this body to call on Taishan Entities to do the right thing
and respect international law. Additionally, we should continue to
pressure the Chinese Government to hold companies within its borders
accountable for their actions.

____________________

EMPLOYEE STOCK OWNERSHIP PLANS

Ms. LANDRIEU. Madam President, I wish to reiterate my longstanding
support for employee stock ownership plans or ESOPs. During my time in
the Senate, I have been dedicated to building on the lasting
contributions of my Louisiana predecessors, including Senator Russell
B. Long, who, as Chair of the Senate Finance Committee, championed tax
provisions to encourage corporations to adopt ESOPs. Senator Long
advocated for employee stock ownership as an ``issue that cuts across
party lines in an attempt to bring out the best in our free enterprise
system.'' He believed that ``it is only fair and right that those who
work to make this economy succeed should have an opportunity to share
in that success . . . [i]t is a matter of simple common sense and basic
equity.'' I couldn't agree more.
Designed to expand employee ownership of firms through stock
distribution to employees, over time, ESOPs have a proven track record
of encouraging capital expansion and economic equality for American
workers. The National Center for Employee Ownership estimates that 11
million people are employed by the roughly 12,000 companies that have
adopted ESOP and ESOP-like plans and estimates that ESOP participants
have about 2.5 times the retirement assets of individuals who do not
participate.
Last year, as chair of the Senate Committee on Small Business and
Entrepreneurship, I convened a roundtable to provide small business
owners, policy experts and other stakeholders an opportunity to express
their views and to solicit their ideas on making tax reform work for
small businesses. Participants argued in favor of a Tax Code that
rewards employer and employee ownership as a means of providing
continuity of business ownership and opportunities for employees of
businesses to build wealth. Specifically, participants favored
retaining the current Tax Code's ESOP provisions, noting that during
the most recent economic downturn, ESOPs, which are predominately small
businesses, were able to retain more employees as they weathered the
crisis than conventionally owned companies.
Companies in Louisiana have embraced ESOPs and as a result have seen
both businesses and their employees realize the benefits. One prime
example is Acadian Ambulance, a Lafayette, Louisiana-based company, and
the Nation's largest private, employee-owned ambulance service. Acadian
Ambulance became a 30 percent-employee-owned company in 1993 and
subsequently became a majority employee-owned company in 1998. Today,
Acadian Ambulance is a thriving business whose employee owners have
retirement security because of Acadian Ambulance's employee stock
ownership plan. Its ESOP Committee has been recognized as one of the
best in the Nation, having won 25 regional and national awards since
2001. Acadian Ambulance has grown to over 200 ambulances, a $180
million budget, and 2,000 employees who have retirement security.
Earlier this year, the New York Times published an article describing
the research of three labor economists who have focused their work on
promoting ESOPs as a ``new perspective on how to resolve the
disparities in wealth and income.'' I ask unanimous consent to have
printed in the Record the New York Times article, dated February 11,
2014, and titled, ``Whatever Happened to `Every Man a King'?''. These
experts, Dr. Joseph Blasi and Dr. Richard Kruse of Rutgers University,
and Dr. Douglas Freeman of Harvard University, argue in their book,
``The Citizen's Share'', that policies promoting employee ownership
date back to the era of the Founding Fathers and have garnered support
from politicians and stakeholders across the political spectrum--from
Ronald Reagan to Senator Bernie Sanders.
Quite simply, policies that promote ESOPs are policies that merit
this Chamber's bipartisan support, and I will continue the work of my
Louisiana predecessors to ensure retirement security for working
Americans.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the New York Times, Feb. 11, 2014]

Whatever Happened to ``Every Man A King''?

(By Thomas B. Edsall)

A passionate group of labor economists has taken up a cause
championed 40 years ago by Senator Russell Long of Louisiana:
to turn every worker into a capitalist. Long, the chairman of
the Senate Finance Committee from 1966 to 1981, inherited a
populist commitment from his father, Huey Long, the Louisiana
governor who famously campaigned on the slogan ``Every Man a
King.''
In 1973, Long became intrigued by the idea of granting
corporations generous tax incentives to distribute stock to
employees through Employee Stock Ownership Plans, or ESOPs.
Long's question was, could ESOPs ``make haves out of the
have-nots without taking it away from the haves?'' Working on
assurances that this was indeed the case, Long said, ``That's
the kind of populism I can buy.''
Beginning in 1974, Long won enactment of a series of bills
establishing tax incentives favorable to corporations that
transferred company stock into ESOPs. In 2012, the National
Center for Employee Ownership estimated that the number of
ESOPs had grown to 12,000, covering 11 million workers with
$858 billion in assets. Companies employing at least 10,000
workers with ESOPs include Publix Supermarkets; WAWA; WinCo
Foods; and the employee-owned private equity firm, Alliance
Holdings.
After Long retired in 1987, however, some of the tax breaks
he sponsored were eliminated or weakened as Democratic and
Republican administrations sought new federal revenues to
reduce the deficit.
Robert Hockett, a law professor at Cornell, wrote in 2006
that ESOPs had expanded employee ownership of firms, but that
``there is indeed a gap to be filled--that firm ownership
remains nowhere near as widespread as home and human capital
ownership.''
Now three prominent labor policy experts have taken up
Long's cause. They are convinced that a major expansion of
employee ownership is the most effective tool available to
remediate inequality. The three experts--Richard B. Freeman
of the economics department at Harvard, and Douglas L. Kruse
and Joseph R. Blasi, both professors at the School of
Management and Labor Relations at Rutgers--have been
promoting worker capitalism in numerous papers and books.
Together they edited ``Shared Capitalism at Work: Employee
Ownership, Profit and Gain Sharing and Broad-Based Stock
Options'' and last year they released ``The Citizen's Share:
Putting Ownership Back into Democracy.''
In ``The Citizen's Share,'' Blasi, Freeman and Kruse make a
broad, ideologically cross-cutting case on behalf of profit
sharing and employee ownership: ``It offers a new way to
address the concentration of both economic and political
power that many citizens believe is distorting the country.
It offers a

[[Page 13934]]

new perspective on how to fight the links between the
Washington politicians, K Street lobbyists, big corporations,
and political donors that fuel many Tea Party members'
opposition to government. It offers a new perspective on how
to resolve the huge disparities in wealth and income.''
They make the following specific arguments.
First, they contend that policies promoting employee
ownership have strong public support and that these policies
reflect the convictions of the founders, including Thomas
Jefferson and James Madison.
Politicans on both sides of the partisan divide support
ESOP proposals.
Senators from the left, including Democrats Ben Cardin of
Maryland, Amy Klobuchar of Minnesota, Mary L. Landrieu of
Louisiana and Debbie Stabenow of Michigan, and senators from
the right, including Republicans Roy Blunt of Missouri, Pat
Roberts of Kansas and John Thune of South Dakota, are, for
example, co-sponsors of the Promotion and Expansion of
Private Employee Ownership Act of 2013.
As far back as 1974, Ronald Reagan, then governor of
California, strongly endorsed the concept, telling Young
Americans for Freedom that ``capitalism can work to make
everybody a `have.''' In an analysis reminiscent of Russell
Long's, Reagan said:
``Income, you know, results from only two things. It can
result from capital or it can result from labor. If the
worker begins getting his income from both sources at once,
he has a real stake in increasing production and increasing
output. One such plan is based on financing future expansion
in such a way as to create stock ownership for employees. It
does not reduce the holdings of the present owners, nor does
it require the employees to divert their own savings into
stock purchases.''
Second, Blasi, Freeman and Kruse point out that there are
already extensive mechanisms in place for employee ownership,
not only formal ESOPs but also a variety of profit-sharing
plans. Because of this, they argue, major innovations are
unlikely to be needed; improvements in existing laws and
practices should suffice.
The authors cite responses to a question on employee
ownership asked in a 2006 General Social Survey. The survey
found that 47 percent of private-sector, full-time wage and
salary workers now have access to some form of sharing in the
firm where they work--cash profit sharing, cash gain sharing,
employee stock ownership, employee stock options or ESOPs.
Third, and most important, is the authors' claim that it is
economically advantageous to give employees an ownership
stake in the firm for which they work. Blasi, Freeman and
Kruse provide evidence that employees with some form of
worker ownership accumulate more savings than employees in
nonparticipating firms and that firms with some form of
capital sharing perform better in the competitive marketplace
than those that do not.
They write that ``workers with profit sharing or employee
stock ownership are higher paid and have more benefits than
other workers. This means that the substantial profit sharing
and gain sharing and ownership stakes for the typical worker
in these plans tend to come on top of, not in place of, fair
fixed wages and benefits.''
In addition, the authors cite studies showing sharp
increases in productivity, higher employee morale, lessened
turnover and fewer bankruptcies in corporations that adopt
ESOPs.
These findings raise a series of questions.
If the various forms of worker capitalism or profit sharing
produce such benefits, why hasn't the free market itself
forced every company to adopt similar plans?
Asked about worker ownership, Robert Frank, an economist at
Cornell and a specialist on issues concerning inequality,
wrote in an email that he is ``skeptical,'' and cites his
analysis of employee ownership in his book, ``The Darwinian
Economy,'' in which he argues that if a worker-owned firm has
all the advantages its proponents claim:
``It would enjoy a prodigious competitive advantage. Since
wages account for about 70 percent of a typical firm's total
cost, increasing productivity by 15 percent would reduce
total cost by more than 10 percent. The firm could cut its
prices by almost that amount and still remain profitable,
which would enable it to peel off most of its rivals'
customers.''
Frank pointed out that ``any firm that enjoyed these
advantages should sweep the market like a prairie fire,
reaping enormous profits in the process.''
Freeman addressed this question in a series of email
exchanges with me. He began by noting that there is
management opposition to profit sharing with rank and file
employees ``because the people who control the firm may have
to take lower profits--if I am in charge of the firm and
sharing profits with you raises productivity, but it means
that I take less in profits, I will not favor going to a more
shared system.''
In addition, Freeman argued, ``magnitudes are important.''
The gains from employee share programs are modest, a
``productivity edge of about 2 percent or so on average,''
which may be trumped by other marketplace factors, including
``some small monopoly advantage'' held by competitors.
Freeman emphasized that many liberal-left economists and
policy makers are locked into the view that labor and capital
are intractably adversarial. Consequently they ``favor a
European style big government/strong union solution to
inequality'' rather than solutions of a more cooperative
nature such as ESOPs.
Blasi, in a more detailed response, emailed that ``both
Democrats and Republicans until recently really believed that
inflation-adjusted wage income growth or lowering taxes alone
could maintain and grow the middle class.'' In fact, Blasi
argues, changing economic conditions dictate that ``the
sustaining of a middle class and mobility requires a capital
ownership and a capital income policy.''
In addition, Blasi writes, the ``economic share policy
tradition in American history has been sidelined by scholars
in the modern and post-modern era. Until now, if you argued
for ESOPs you were using `small ball' ideas.''
Liberal opposition to ESOPs is based in part on the view
that the program amounts to a collection of tax subsidies for
corporations and the wealthy. The tax breaks for ESOPs
originally included a tax credit for company contributions: a
deferral of taxes on shareholders who sell stock to an ESOP;
deductibility of corporate dividends on ESOP-held shares; the
exclusion from tax liability of 50 percent of the interest
income from loans to an ESOP; and a 50 percent estate tax
exclusion on the gain from the sale of shares to an ESOP.
Blasi, Freeman and Kruse acknowledge that some critics see
ESOPs as pioneering ``a form of special-interest tax
incentives from the Treasury.'' Their counterargument: ``We
see the ESOP as the continuation of the Founders' desire to
reduce inequality and preserve democratic practices by
extending property ownership to more Americans.''
The Blasi-Freeman-Kruse proposal has the crucial political
advantage of appealing to some on the political right because
it would, in fact, make employee share programs more
attractive by boosting tax subsidies--a form of cutting
taxes.
Most significantly, the Blasi-Freeman-Kruse proposal stands
apart from alternate policy initiatives designed to address
growing inequality because it directly addresses the
concentration of wealth and political power at the top.
For that reason alone, the idea of expanding employee
ownership deserves serious consideration. The proposal does
not resolve the question of how to give workers a
sufficiently large share of capital to materially impact
their economic status. Still, there are not that many viable
options available to those who are committed to improving the
disadvantaged position of labor versus capital. Politicians
and policy makers cannot afford to disregard a proposal with
demonstrable potential.

____________________

DOWN EAST MAGAZINE 60TH ANNIVERSARY

Ms. COLLINS. Madam President, I rise today to recognize the 60th
anniversary of Down East: The Magazine of Maine. From the inaugural
August, 1954, edition of 5,000 copies assembled around a kitchen table
in Camden, ME, Down East has grown to become one of America's most
successful regional publications with a circulation that exceeds 90,000
and a devoted readership of people around the country who love the
beauty and culture of the State of Maine.
Down East was founded by Duane Doolittle, a native Mainer who left a
secure teaching position at Syracuse University at the age of 42 to
return home in pursuit of his dream to publish a magazine dedicated to,
as he wrote in his first message to readers, ``honestly reflecting the
beauty, the spirit, the unique and special qualities that make this
corner of the world like no other place under the sun.'' For six
decades, that statement of purpose has been fulfilled by talented
photographers and engaging writers, today under the leadership of
publisher Bob Fernald.
The name of the magazine was taken from the historic practice of
sailing downwind to head east along the coast of Maine, and Down East
continues to celebrate the heritage of Maine. At the same time, the
magazine has expanded its scope to cover with expertise and insight
contemporary trends in the arts, food, fashion, business, and politics.
In addition to its award-winning print publication, Down East has a
strong digital presence with a global readership of more than 900,000
and a popular interactive kiosk at the Portland Jetport that offers the
best in Maine-made products.
Down East goes beyond recording life in Maine to enhancing it. From
charities and land conservation to the arts

[[Page 13935]]

and festivals, the company is a generous supporter of efforts that
strengthen our communities.
Capturing the essence of Maine in print is no easy task. Duane
Doolittle put it this way: ``To attempt to crack the mystery of what
those things are that make a Downeaster different from a Texan or a
Hoosier would be as unavailing as pondering the imponderables. All we
can honestly say is that we are tuned to this particular parcel of
earth and we like its music.''
That mystery may never be cracked, but for 60 years Down East: The
Magazine of Maine has made the attempt entertaining and enlightening. I
congratulate the leadership and staff of Down East on this milestone
anniversary and wish them continued success for years to come.

____________________

RECOGNIZING MARY ``MICKEY'' THOMAN

Mr. ENZI. Madam President, I appreciate having this opportunity to
share with the Senate some of the accomplishments and achievements of
one of my constituents, Mary ``Mickey'' Thoman. Mickey will soon--and
most deservedly--be inducted into the Wyoming Agriculture Hall of Fame.
It will be another honor for her, a recognition that is fully and
richly deserved.
Mickey is well known for her knowledge, experience, and dedication to
the agriculture industry of Wyoming, a sector of our economy that is so
important it is listed on our State seal. No one knows how much we
depend on our farmers and ranchers more than Mickey, and that is why
she has been such a strong and effective force in the agriculture
community of Wyoming for so many years.
The record shows that Mickey has been tending to her family's
ranching business and keeping everything running as it should for quite
some time. In fact, her ranch can now boast of its status as a fifth-
generation family ranch. I have no doubt she draws her strength and her
energy from the work she does and her heartfelt connection to her ranch
and her family. At the wise, experienced, and youthful age of 84,
Mickey continues to prove the wisdom of the old adage that the best way
to lead is by example.
Mickey's is a truly remarkable story. It begins with her marriage to
her late husband Bill and their decision to begin ranching together in
the Green River Valley after they were married in 1948. It is now more
than six decades later. Through the years Mickey has seen some tough
times and faced some difficult challenges, but she has always been able
to handle each obstacle that tried to block her way because of her
great love of her life as a rancher.
Mickey is well known throughout the ranching community because of her
ties to the industry and to those who farm and ranch for a living. That
is why, in an effort to help the next generation of farmers and
ranchers, she served as a 4-H leader for many years and helped to found
the Green River Valley CattleWomen and Sweetwater County Cowbelles.
Today, her ranch raises Hereford cattle, Rambouillet sheep, and
thoroughbred quarter horses.
Over the years Mickey has passed on her love of ranching and her
commitment to the Wyoming values that made her such a success to her
children, her grandchildren, and her great-grandchildren. As they
continue to put the lessons Mickey has taught them into practice they
will always remember that Mickey was the one who taught them how to do
so many things on the ranch.
When Mickey is inducted into the Wyoming Agriculture Hall of Fame she
will be in good company. She will be among those who pursued their
commitment to serving their community by working to support the growth
and strength of our agriculture industry and our state economy. Mickey
will fit right in because she has been an outstanding leader in that
regard, serving with agriculture organizations and groups on both the
State and the national level. They were fortunate she was willing to
serve and to bring her knowledge of the industry to their work so that
she might help them to make a difference. Over the years the
contribution she made of her time and her talents helped to advance the
interests of the agriculture community as she served with the Wyoming
Stock Growers Association, the Guardians of the Grasslands, the Wyoming
Farm Bureau, the American Quarter Horse Association, the National
Cattlemen's Beef Association, the American Sheep Industry Association,
Wyoming CattleWomen, and the Wyoming Woolgrowers Association. Clearly,
Mickey has never been one to sit idle when there was work to be done.
Mickey's upcoming induction into the Wyoming Agriculture Hall of Fame
won't be the first time she has been honored for her commitment to
ranching, farming, and our Wyoming way of life. She has also been
recognized with the Green River Valley Ranch Woman of the Year award in
2012, the Farm Family Today Award from the Sweetwater County Fair in
2013, a Partnership Appreciation Award from the Wyoming Landscape
Conservation Initiative in 2012, and, with her husband Bill, the
Sweetwater County Ranch of Couple of the Year Award in 1988 and the
Upper Green River Valley Cattlemen's Lifetime Honorary Member Award in
1997.
Mickey Thoman has shown she has what it takes to not only survive but
to thrive in what can be a truly demanding business. Through it all,
she has been a role model for others to learn from and an example not
only of the best of Wyoming's traditions and values but proof of their
power and strength. In a short while, I will be proud to join with
Senator Barrasso as Mickey Thoman is officially inducted into the
Wyoming Agriculture Hall of Fame. It is another honor she has truly
earned with her hard work, her leadership, her friendship with so many
members of Wyoming's agricultural community, and her active interest
and involvement in every aspect of the industry she has been a part of
since she and her husband first began to work their ranch more than 60
years ago.

____________________

RECOGNIZING FRANK MOORE

Mr. BARRASSO. Madam President, at the 102nd Wyoming State Fair, I,
along with Senator Enzi, will have the honor of introducing Frank Moore
as he is inducted into the Wyoming Agriculture Hall of Fame for 2014.
Frank has spent his lifetime working for positive changes in
agriculture, and he has undoubtedly earned this honor through his
impact both in Wyoming and nationwide.
Frank Moore's ancestors came to the Wyoming Territory in 1876 and
started a ranching legacy. A century later in 1978, Frank and his wife
Elaine began raising their own cattle and sheep at the Spearhead Ranch
north of Douglas, WY. They also started a successful outfitting
business which further diversified their ranching operation.
Frank has been iconic in his efforts to promote and build the sheep
industry. He is currently serving as chairman of the Mountain States
Lamb Cooperative, an organization he helped establish in 2001. The
founders of the Mountain States Lamb Cooperative knew that strategic
vertical integration of the sheep industry was the only way to save it,
and they led the charge in making it happen. Brad Boner, another
founder of the Mountain States Lamb Cooperative and Wyoming rancher,
observed: ``Without Frank's outstanding leadership and strong passion
for Wyoming's sheep industry, I am not sure we would have been
successful in our efforts to form the Mountain States Lamb
Cooperative.''
For almost three decades Frank has dedicated a great deal of time and
energy by volunteering and serving on boards and committees at both the
State and national levels. In addition to serving on the Mountain
States Lamb Cooperative board since its inception, Frank has been the
president of the Wyoming Wool Growers Association, served on the board
of directors of the Kansas City Federal Reserve Board, and he served in
the Wyoming House of Representatives from 1993 to 1996. He personally
worked to establish the Scrapie Eradication Program, National Wool Act,
Guard Dog Program,

[[Page 13936]]

and many other initiatives that have influenced the sheep industry
nationally.
Peter Orwick of the American Sheep Industry has said the industry is
in a better place because of Frank's leadership and willingness to make
hard decisions. The undying passion and determination of citizens like
Frank and his wife Elaine keep the agriculture industry in both Wyoming
and America thriving.
My wife Bobbi joins me in extending our congratulations to Frank and
thanking him for his dedication to the Wyoming way of life. I will be
honored to share this special day with Frank and his family as he is
inducted into the Wyoming Agriculture Hall of Fame.

____________________

MUDDYING THE WATERS

Mr. BARRASSO. Madam President, I ask unanimous consent to have
printed in the Record a column written by Mr. Dennis Sun, Publisher of
the Wyoming Livestock Roundup, entitled ``Muddying the Waters.'' The
article was published on June 21 of this year.
Through this recently proposed Clean Water Act jurisdictional rule,
Federal agencies are attempting to expand the definition of ``waters of
the United States'' to include ditches and other dry areas where water
flows only for a short duration after rainfall. Federal regulations
have never defined ditches and other upland drainage features as waters
of the United States. But this proposed rule does, and it will have a
huge impact on farmers, ranchers and small businesses that need to put
a shovel in the ground to make a living.
Dennis knows what the true impact of this rule will be to rural
communities. He is a fourth-generation rancher from Central, WY. Mr.
Sun stated in his column that ``according to the EPA, the proposed
definition of waters of the U.S. would increase predictability and
consistency for CWA programs, and as a lot of folks see it--that's
right--we know we would go out of business instead of just maybe.'''
Dennis goes on to say that ``our government has run amuck, and we
shouldn't like it. . .'' He is right. This proposed rule by the
administration is circumventing Congress by effectively writing
navigable out of the Clean Water Act, thus allowing the EPA and Army
Corps of Engineers to seize all wet areas of the States. Just as
troubling as ignoring congressional intent, the proposed rule
disregards the fundamental tenet embodied in two landmark cases decided
by the U.S. Supreme Court that there are limits to Federal
jurisdiction.
This unprecedented exercise of power will allow Environmental
Protection Agency to trump States' rights and wipe out the authority of
State and local governments to make local land and water use decisions.
This is particularly troubling when we have seen no evidence that the
States are misusing or otherwise failing to meet their
responsibilities.
The uncertainty this rule creates only delays economic investment and
job creation. It defies logic to think this proposed rule will benefit
anybody but bureaucrats in Washington who are far removed from the
communities between the coasts.
Mr. President, I urge my colleagues to stand with ranchers like
Dennis Sun. Stand with those who understand the land best and not with
extremists outside and within this administration who do not know how
to run a farm, a ranch, or a small business.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Wyoming Livestock Roundup, June 21, 2014]

Muddying the Waters

(By Dennis Sun)

As we all realized on April 21, the Environmental
Protection Agency (EPA) and the U.S. Army Corps of Engineers
posted their proposed definition for ``waters of the U.S.''
protected under the Clean Water Act (CWA) in the Federal
Register, and that triggered a 90-day public comment period.
EPA Administrator Gina McCarthy said during a Senate
Appropriations Subcommittee hearing that current exemptions
for the CWA permitting for normal farming, ranching and
agricultural practices are kept intact in the proposal.
She added, ``If a farmer was not legally required to have a
permit before, this rule does not change that status. The
proposal does not add or expand the scope of waters protected
under the CWA.''
Well, after those words, the fight was on by those in the
farming and ranching industry, along with local governments
and the nation's business community. According to the EPA,
the proposed definition of waters of the U.S. would increase
predictability and consistency for CWA programs, and as a lot
of folks see it--that's right--we know we would go out of
business instead of just ``maybe.''
At the same time, 231 U.S. Representatives sent a letter to
the EPA and Corp of Engineers asking them to back off this
proposed rule to expand federal control under the CWA. They
said the proposed rule would redefine waters of the U.S.
under the CWA based on a narrow opinion by Justice Anthony
Kennedy in a 2006 Supreme Court decision that said an
isolated water, like a stock pond or a ditch, doesn't have to
have a surface water connection to a downstream navigable
water to be considered a ``waters of the United States.''
Justice Antonin Scalia wrote the plurality opinion on the
case, and his opinion differed from Kennedy's by saying that
waters of the U.S. include only those relatively permanent,
standing or continuously flowing bodies of water like
streams, rivers and lakes. Justice Scalia specifically noted
that waters of the U.S. do not include channels that only
hold water periodically and are only wetlands with a
continuous surface connection to bodies of water that are
waters of the U.S.
The EPA and Corps chose to base the final rule on the
Kennedy opinion. That was a concern that the Congressmen
raised in their letter, which read, ``Contrary to your
agencies' claims this would directly contract prior U.S.
Supreme Court decisions which imposed limits on the extent of
federal CWA authority. Based on legally and scientifically
unsound view of the significant nexus concept espoused by
Justice Kennedy, the rule would place features such as
ditches, ephemeral drainages, ponds, natural and manmade,
seeps, prairie potholes, flood plains and other occasionally
or seasonally wet areas under federal control.''
There lies the fight. Congressman Chris Collins (R-N.Y.)
said, ``Enough is enough with regard to federal overreach on
U.S. farms and ranches. When the bureaucrats at the EPA
decide to call a divot in the ground that fills with rain a
navigable waterway under the CWA, we know that our federal
government has run amuck.''
Well, our government has run amuck, and we shouldn't like
it--that is all the reason to get your comments in before the
Oct. 20 deadline. This deadline extension gives us a valuable
opportunity so take advantage of it. If you're wondering just
how to submit your comments, read more in this week's
Roundup.

____________________

MEDICARE'S 49TH BIRTHDAY

Mr. NELSON. Madam President, this week Medicare is turning 49 years
old. Since July 1965, Medicare has provided critical access to health
care benefits for older Americans and people with disabilities. Florida
alone is home to over 3.5 million Medicare beneficiaries.
Medicare has become a landmark program based on its popularity among
beneficiaries and the comprehensive benefits offered. In 1959, almost 4
out of 10 Americans over age 65 were living below the poverty line, as
compared with about 1 in 10 seniors living in poverty in 2000. Prior to
Medicare, seniors paid almost half of the cost of their health; in
1997, seniors paid only 18 percent of their health care costs. Medicare
pulled millions of Americans out of poverty by not only providing them
with important health benefits, but also by enabling seniors to use
their hard-earned retirement savings for needs other than their health
care.
As chairman of the Senate Aging Committee, I understand that Medicare
is essential to the Nation, particularly as the baby boom generation
enters retirement. Those served by Medicare often have modest incomes
and complex health conditions that depend on these lifesaving benefits.
As a committee, we have looked at Medicare's prescription drug benefit,
researched ways to eradicate fraud and waste in the program, and
ensured that seniors have access to quality, affordable care. In fact,
just yesterday, the committee convened a hearing about how to improve
Medicare beneficiaries' access to skilled nursing care.
The Affordable Care Act has helped to reduce costs, increase
benefits, and improve health care delivery for Medicare beneficiaries.
Earlier this year, Derrick in Tampa wrote to me about how much the ACA
has meant to his family in providing care for his mother. His mother
was the victim of gun

[[Page 13937]]

violence and will need extensive medical care for the rest of her life.
So Derrick wrote that when Congress passed the ACA, ``I was excited for
my mother and the many others'' who will benefit from the improvements
in providing health care to America's seniors. For example, thanks to a
provision I fought for in the ACA, Floridians have saved more than $756
million on their prescription drugs.
While we can still make improvements, the Medicare trustees report,
released earlier this week, reported that the Medicare hospital
insurance trust fund solvency has been extended by 4 additional years
from last year's estimate and 13 years longer than it was prior to the
passage of the Affordable Care Act. Today, Medicare is more solvent
than it was in 1965.
It is our job, in Congress, to ensure that Medicare is available for
all Americans when they need it and, as was the case for Derrick's
mother, when they are impacted by ``circumstances not of their own
doing.'' Though the new projections are encouraging, we must continue
to work to preserve Medicare for generations to come.

____________________

VIETNAM WAR COMMEMORATIVE PARTNER PROGRAM

Mr. TOOMEY. Madam President, it is a privilege to be a part of the
national commemoration that will honor the service of our Vietnam
veterans and their families.
During this conflict, nearly 350,000 Pennsylvanians served their
Nation. Of that number, 3,149 paid the ultimate sacrifice, giving their
lives for the United States of America.
I deeply appreciate the Commonwealth's participation in The Vietnam
War Commemorative Partner Program that thanks our Vietnam veterans for
their service. Although no commemoration can fully honor the profound
sacrifice of those who served in Vietnam, I strongly believe we should
use the war's 50th anniversary as an opportunity to further honor those
who saw our Nation through one of its most troubling conflicts and
ensure that their legacy is not forgotten.
A grateful nation thanks the veterans of this war, some never to
return to the families they left behind. We should all hope to live our
lives in a manner that befits their service and sacrifice.

____________________

WORKFORCE INNOVATION AND OPPORTUNITY ACT

Mr. SCOTT. Madam President, I am pleased the President signed the
Workforce Innovation and Opportunity Act, WIOA, into law last week to
improve job training in the United States. WIOA is the result of a
commitment in both parties and both Chambers to modernize our workforce
development system to ensure American competitiveness. The last time a
Workforce Investment Act reauthorization was signed into law was in
1998, far too long ago, and the significant skills gap we face as a
nation is evidence that our fragmented system simply is not working.
Despite the billions of taxpayer dollars we invest annually on
Federal job training programs, there are 4.5 million unfilled jobs and
a staggering 10 million unemployed Americans. We need to bridge this
gap, and WIOA helps get us there by reducing bureaucracy and providing
American workers with a more flexible and effective workforce training
system. Over the past year, I have heard from businesses, elected State
and local leaders, and families back home about the critical need for
reforms to our job training system, and I am glad to have had the
chance to work on this bill and be a part of this process in the
Senate.
This legislation incorporates many reforms contained in the SKILLS
Act, which I introduced in the Senate earlier this year, including the
elimination of 15 programs identified as duplicative or ineffective and
countless Federal mandates on States and local boards. In addition,
WIOA establishes common performance metrics and requires independent
evaluations every 4 years of all workforce programs to ensure
effectiveness and accountability to taxpayers. By reducing bureaucracy
and enhancing flexibility, WIOA eliminates delays that hinder job
seekers from immediately accessing job training services and reentering
the workforce.
I thank Senators Alexander, Harkin, Isakson, and Murray and
Representative Foxx for their leadership on this issue and am pleased
to see this important legislation was signed into law without delay.

____________________

ADDITIONAL STATEMENTS

______

SOCCER

Mr. WYDEN. Madam President, I would like to honor the city of
Portland for hosting its first Major League Soccer All Star game on
August 6. Major League Soccer, MLS, has rightly chosen Providence Park
and the Portland Timbers as host for their annual All Star event, which
this year pits the MLS All Stars against European giants, Bayern
Munich.
Soccer City, USA--as Portland fans have dubbed it--rightly deserves
to host such a high-profile match. Portland is home to the most
passionate fan base in the league for both the Timbers and the
inaugural champions of the National Women's Soccer League, the Portland
Thorns. Timbers games drew more than 20,000 fans per game last season,
and the Thorns averaged over 13,000 for home games. And, of course, I
have to mention the awesome banners displayed by Portland fans at
Providence Park, which are second to none.
This year, the Timbers' head coach, Caleb Porter, along with players
Diego Valeri and Will Johnson, will represent our hometown team for the
MLS All Stars. Congratulations to them for making all Oregonians proud.
Special thanks should also go to team owner Merritt Paulson, whose hard
work getting a team to Portland paid off when he was awarded this great
event.
I commend the Portland Timbers, the Portland Thorns, the Timbers
Army, and the Rose City Riveters for their stellar community outreach
and charity work in Oregon. Whether it is partnering with the Make-A-
Wish Foundation, building soccer fields for youth, or collecting school
supplies for local schools, the Portland Timbers show they are a first-
class organization through their outstanding civic engagement.
I send my congratulations to the MLS players who have made the All
Star team and who will represent the league against an international
opponent. It is exciting to host Bayern Munich, a team who fields some
of the recent World Cup championship players from Germany. I wish both
teams good luck in the match, but as the Timbers Army says: ``There's
no pity in the Rose City!'' Go MLS All Stars.

____________________

REMEMBERING IRMA DeTIEGE

Ms. LANDRIEU. Madam President, I wish to ask my colleagues to
join me in recognizing the illustrious life of Mrs. Irma Gene Hall
DeTiege, who passed on July 1, 2014, after more than five decades of
service in the Louisiana community.
Mrs. DeTiege was born in 1931 in Riverton, LA, which had a total
population of 40, including livestock. From these humble beginnings,
she learned lessons of humility and hard work that were embodied
throughout her entire life. After moving to Monroe, LA and meeting the
love of her life, Frank G. DeTiege, a graduate of Southern University
who taught Industrial Arts at Carroll High School, Mrs. DeTiege rode
the bus to Grambling College every morning. There she received a
bachelor's of science degree in elementary education, which she would
later use to become a teacher at Lincoln Elementary School. During her
tenure, she created enduring changes in a wide breadth of programs that
impacted and improved the lives of almost every individual who attended
the school.
In addition to her efforts as a teacher, Mrs. DeTiege worked
tirelessly as a newspaper editor, publisher, and columnist for the
Monroe News Leader and the Monroe News Weekly before

[[Page 13938]]

she and Mr. DeTiege founded the Monroe Dispatch in 1975. Mrs. DeTiege
had a vision of providing the citizens of Monroe with access to
accurate reporting at a time when important information in this
community was too often overlooked. Throughout her career, she remained
dedicated to ensuring that those in crisis and most in need always had
an advocate in the community. In this and in all of her tasks, Irma
fought for a community where people are taken care of, no matter their
situation in life. She also worked continuously to provide for the
prosperity of Louisiana citizens for generations to come. This level of
devotion to her craft, the people of Monroe, and the State of Louisiana
is indicative of her storied career of service.
Irma was a wonderful friend to me and my family. She was also an
inspiration to all those who were impacted by her tireless efforts. It
is with my heartfelt and greatest sincerity that I ask my colleagues to
join me along with her son Frank and other family members in
recognizing the life and many accomplishments of this incredible leader
and her impact on so many people throughout Louisiana.

____________________

RECOGNIZING THE DELAWARE 87ERS

Mr. COONS. Madam President, I wish to recognize the National
Basketball Association's Developmental League team, the Delaware 87ers
and their impact on my community.
In April 2013, Delaware sports fans rejoiced when the Philadelphia
76ers acquired an NBA Development League team, the Utah Flash, and
chose to relocate the franchise to Delaware. The Delaware 87ers are
named in recognition of Delaware's place in United States history as
the first state to ratify the United States Constitution on December 7,
1787, as well as in a nod to the franchise's parent team, the
Philadelphia 76ers.
The Sevens promised and delivered a fast-paced, high-scoring NBA
brand of action with the fan-friendliness and affordability for which
the NBA Development League is known.
During their inaugural season, the Sevens' success grew, drawing a
steady and passionate fan base to the Bob Carpenter Center as they
squared off against D-League teams from around the country. Rivalries
were built with the Canton Charge, Erie BayHawks, Fort Wayne Mad Ants
and the Maine Red Claws.
The passion of the players and coaches, their connection to the
community, affordable ticket prices and family-friendly amenities drew
thousands of fans to Newark. Head coach Rod Baker and his team, led by
fan favorites Thanasis Antetokounmpo, Kendall Marshall, Lorenzo Brown
and Vander Blue, finished their first season displaying flashes of
brilliance and leaving fans with high hopes for greatness to come.
Even more important than their on-court accomplishments was the
team's off-court impact on the community. Prior to their inaugural
season, the Sevens unveiled their SEVENS STRONG community initiative,
which included revitalizing seven basketball courts in seven days, as
well as each of their employees pledging 87 hours of community service
throughout the year. Basketball courts that received makeovers included
Adams Court, Fraim Boys & Girls Club, Kosciuszko Park, Helen Chambers
Park, Tatnall Park, Woodlawn Park and Judy Johnson Park.
Throughout the 2013-14 season, the Sevens attracted more than 38,000
fans and averaged over 2,100 fans for the last eight contests. The
attendance increase can undoubtedly be traced back to their commitment
to the community and their tireless grassroots presence in Newark,
Wilmington, Christiana, Hockessin, Newport, Elsmere and Elkton. Players
and the front office staff participated in countless community-based
activities including visiting Christiana Care and AI Dupont/Nemours
Hospital for Children monthly, partnering with Stubbs Elementary School
for a Green Week Challenge, volunteering at the Delaware Food Bank,
hosting four non-profit promotions at games: Lyme Disease Awareness
Night, B+ Foundation Night, Christiana Care NICU Night and USO Night,
participating in more than a dozen community events, and donating over
8,000 tickets to Delaware-based community organizations and charities.
The team truly embraced the meaning of community and civic engagement.
We congratulate the Delaware 87ers on a successful season, both on
and off the court, and wish them continued success in their second
season. We look forward to supporting them as they work to inspire
their fans and better our community.

____________________

RECOGNIZING MARIA MATOS AND THE LATIN AMERICAN COMMUNITY CENTER

Mr. COONS. Madam President, on behalf of Senator Tom Carper
and myself, I wish to recognize two special occasions in Wilmington, DE
happening on September 5, 2014: the 45th anniversary of the Latin
American Community Center, LACC, serving the Hispanic community of
Delaware as well as to honor the service, dedication and passion of a
name synonymous with the service to Delaware's vibrant Hispanic
community: Maria Matos.
The LACC's continuum of care promotes education, life skills, and an
enhanced quality of life while celebrating diverse Hispanic cultures.
The LACC was founded in 1969 in the Hilltop section of Wilmington
serving and supporting the community and people that surround it.
Over the last 45 years, the LACC has focused on lifelong learning
that concentrates on the educational needs of client families, from
quality pre-school programs to adult education; and life empowerment,
focusing on the immediate life needs families and individuals may face,
from short term case management to a job placement or English language
skills.
Since 1994, Maria Matos has been the executive director and driving
force behind the LACC. Her impact has been felt not just in the
Hispanic community, but throughout Wilmington and New Castle County.
She has contributed her leadership skills to such boards as the Medical
Center of Delaware, Grand Opera House, Delaware Community Foundation,
and Advisory Council for the Fund for Women, as well as at the
grassroots level supporting the Hilltop Working Group, an alliance of
residents and legislators who work to promote the community's well-
being.
In conclusion, we would like to congratulate Ms. Matos on her years
of service to the LACC as well as the LACC on its 45 years of service
to the community, and wish each of them luck in the future.

____________________

TRIBUTE TO MAJOR GENERAL JAMES LIVINGSTON

Mr. SCOTT. Madam President, I would like to take a moment
today to honor Beaufort, SC resident, Maj. Gen. James E. Livingston, a
33-year U.S. Marine Corps veteran and Medal of Honor recipient, for his
tireless service to this country. He is truly an American patriot
worthy of our recognition.
Born in Towns, GA, General Livingston knew from a young age that he
wanted to serve his country. While enrolled at the Military College of
Georgia, he was a member of the nationally recognized Corps of Cadets.
After graduating from Auburn University in 1962 with a degree in civil
engineering, General Livingston rose through the ranks of the Marine
Corps. From Vietnam to the Philippines and domestically, wherein he was
the first commander of the Marine Reserve Forces, General Livingston
distinguished himself with exceptional service all over the world.
Throughout his long and storied career, General Livingston has made his
mark as a man who leads by example.
General Livingston, serving as the operations officer for 3D
Battalion, 7th Marines, oversaw Operation Frequent Wind, the evacuation
of Saigon. Despite the urgency and chaos of the situation, General
Livingston led with poise and professionalism: characteristics that
would define his career. Due in large parts to General Livingston's

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leadership during Operation Frequent Wind, more than 7,000 American
civilians and Vietnamese people in a desperate situation were airlifted
out of Saigon and to safety.
In 1968, while serving as the commanding officer, Company E, 2d
Battalion, 4th Marines, General Livingston led his men on a determined
assault on the village of Dai Do, where another Marine company had been
isolated the night before when enemy forces seized the village. Despite
being twice wounded by grenade fragments, General Livingston refused
medical treatment and continued to lead his men across 500 meters of
open rice fields. Having reestablished contact with the surrounded
Marine Company, General Livingston then learned of a third Marine
Company leading an attack on nearby Dinh To village. Marshalling his
resources, General Livingston consolidated the two companies and led a
support effort to halt the aggressive enemy counter attack from Dinh
To. After being wounded a third time and rendered immobile, he remained
in the combat zone and supervised the evacuation of his men. Only after
his fellow marines were safe did General Livingston allow himself to be
evacuated. For his gallantry, bravery, and selflessness, General
Livingston was awarded the Medal of Honor from President Richard Nixon
in 1970.
In addition to the Medal of Honor, General Livingston also holds the
Navy Distinguished Service Medal, the Silver Star, the Superior Service
Medal, the Bronze Star, and the Purple Heart. It is because of men like
James Livingston that Americans sleep easy at night, knowing they are
safe from those who wish to inflict harm upon them.
It is an honor that this Saturday, August 2, General Livingston will
be the keynote speaker at my Vietnam Era Veterans Honor Ceremony in
Columbia, SC where I will honor more than 1,500 veterans. General
Livingston and his fellow veterans deserve to be recognized for their
gallant efforts, and it will be my honor to stand with him on this
special occasion.
I invite my colleagues to join me in thanking Maj. Gen. James E.
Livingston for a life and career dedicated to the protection of this
Nation, her ideals, and her citizens.

____________________

TRIBUTE TO GEORGE C. WRIGHT

Mr. COONS. Madam President, on behalf of Senator Tom Carper
and myself, I wish to honor the exemplary service of the executive
director of the Delaware League of Local Governments, George C. Wright
and recognize his recent retirement. For over five decades, he has been
a tremendous and courageous leader serving in many positions throughout
our great State. His hard work, perseverance, and dedication will truly
be missed.
Since the 1960s, George has played an active and integral role within
Delaware. For six terms, he served as councilman in the town of Smyrna
before serving as its mayor for 14 years. Since then, George has been a
crucial member and leader of the Delaware League of Local Governments.
As he steps down from his position as executive director, we join the
many Delawareans he has worked with in thanking him for his diligent
efforts to improve and assist local governments through legislative
advocacy.
Born in Chesapeake City, MD and educated in the public school system
there, George studied at several distinguished universities including
Maryland State College in Princess Anne and the University of Delaware.
After his graduation, George began his career during the turbulent
1960s as Head Start director in Smyrna, a town that was once denounced
by former Attorney General David Buckson as having the worst race
relations in the State. George later went on to serve on the town's
council and as the chief of staffing at the Dover Air Force Base. In
1981 he was able to overcome many racial barriers in order to become
the town of Smyrna and state of Delaware's first African-American
mayor.
Most recently, as the executive director of the Delaware League of
Local Governments, George has successfully worked with 57
municipalities in Delaware to help forge a common voice across the
State. George's work has been nothing short of inspirational and we are
sincerely grateful for all that he has done on behalf of the towns,
cities and counties in Delaware.
We wholeheartedly thank George for all of the work he has done for
local governments of Delaware. His model leadership and dedication has
truly touched every corner of our great State. We offer our sincerest
congratulations on a job well done and wish him many happy, healthy,
and successful years to come.

____________________

EXCEPTIONAL CITIZENS' WEEK

Ms. AYOTTE. Madam President, I wish to recognize and
congratulate the leadership and volunteers of New Hampshire's
Exceptional Citizens', EC, Week at Camp Fatima as the program marks its
60th year of providing continuous service to children and adult campers
with special needs.
Held every year at Camp Fatima on the picturesque Upper Suncook Lake
in Gilmanton Iron Works, EC Week is a non-sectarian outdoor camp
program sponsored by the Catholic Diocese of Manchester. Attendance,
which is free for campers, is funded by generous contributions from
individuals and businesses. During EC Week, campers have the
opportunity to participate in a variety of traditional camping
activities, giving them a chance to enjoy the great outdoors and have
some good old-fashioned summer fun.
Borne of the idea that ``it would be great to allow these children
the same camping experience as other kids,'' Bill Haller, president of
The United Life and father of a child with Down syndrome; Dr. Tom
Walker, a pediatrician at St. Paul's School; and the Rev. Richard O.
Boner, associate pastor at St. John's Parish in Concord, who founded
Camp Fatima for Boys, began work on this concept, starting EC Week in
1954.
As they set out to create an entertaining and rewarding camp
experience, the program founders teamed up with student nurses from
Sacred Heart Hospital in Manchester, a group of Sisters of Mercy, a
group of Sisters of St. Francis, and seminarians from St. John's
Seminary, in preparation for the camp's launch. The first year 25 boys
and girls attended the camp.
Since that first year, EC Week has grown immensely and now includes
170 campers and more than 300 volunteers from around the country. It is
a unique and special experience that is treasured by so many, and has
served as a model for the creation of similar camps around the country.
As we celebrate the 60th anniversary of EC Week next month, I want to
commend the Diocese of Manchester and the EC Week staff and volunteers.
Their hard work and dedication has brightened the lives of thousands of
campers and allowed them to have exciting experiences they otherwise
may never get to enjoy. I have no doubt this outstanding program will
continue to benefit and delight campers for generations to
come.

____________________

TRIBUTE TO JAMES A. HAUGHT

Mr. MANCHIN. Madam President, I wish to recognize a dear
friend, a proud American and a passionate West Virginia leader, Jim
Haught, who is celebrating his 90th birthday on August 6, 2014. I am
incredibly grateful for Jim, for his loyal friendship and his
unwavering support over the years. I am proud to celebrate his vast
achievements and his many years of dedicated service to his community,
to West Virginia, and to our Nation.
A native West Virginian, Jim was born in the small town of Weston and
was raised in New Martinsville. He was the proud son of Ben and Orpha
Haught. With 11 siblings, there is no doubt that Jim learned early on
about the meaning of life's most important concepts, including
leadership, sacrifice, and commitment. True to Jim's character, he also
had an eagerness and a passion for policy and government affairs from a
very young age.
Throughout his 90 years, and still today, Jim has always answered the
call of service--whether it was for our great Nation or for the
beautiful people

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of West Virginia. After graduating from Pine Grove High School, he
joined the Navy and served proudly and honorably for 3 years.
After returning home from the Navy, he left his hometown of New
Martinsville to focus on his education at Salem College and then at
George Washington University in Washington, DC, where he was classmates
with Margaret Truman, the daughter of President Harry S. Truman. Jim
then went on to study law at West Virginia University and while there,
founded the university's Young Democratic Club in 1948. It was also at
West Virginia University that Jim first met my uncle, A. James Manchin.
The two became lifelong best friends.
Jim's commitment to his family and to the community continued after
leaving West Virginia University. In 1952, Jim met his beautiful wife
Melba in Parkersburg and soon thereafter the loving couple had their
four boys, Greg, Cameron, Benji, and Danny. To this day, his commitment
to his family has undoubtedly always been his No. 1 priority in life.
Steadfast to his smalltown values, Jim has never been afraid to stand
for the principles he was taught at an early age, never forgetting his
West Virginia roots. He has always strived to make a positive
difference across our great State, and in 1958, Jim decided to run for
public office to represent Wood County in the West Virginia House of
Delegates. He served for 2 years, until Jim embarked on a new journey
in 1960.
As a staunch Democratic supporter, Jim and A. James together played
an extraordinarily significant role in John F. Kennedy's Presidential
campaign in West Virginia. The duo worked tirelessly setting up county
organizations in all of our State's 55 counties. They worked day and
night laying the groundwork, coordinating statewide efforts, and
gathering the support that directly resulted in Kennedy's Presidential
victory. It was Jim's perseverance and energy that helped make JFK's
Presidency a reality.
Jim and A. James' hard work and commitment to the campaign did not go
unnoticed. When President Kennedy arrived in the White House, he
personally called Jim and offered him a position as the Director of
Federal Housing, while A. James became the State Director of the
Farmers Home Administration. Honored, Jim accepted the position and
moved to St. Albans in Kanawha County, where he remained active in his
community while working for the President.
It is not surprising to anyone who has had the pleasure of knowing
him, but Jim's success and his tremendous accomplishments have been
recognized on many levels.
Today, Jim continues to serve the people of West Virginia through the
Hansford Senior Center, a community center he established in St. Albans
to help care for aging seniors in the area.
It has been an honor and privilege to know such an exceptional West
Virginian. Jim's imprint will always be marked by his countless
contributions to the State of West Virginia. I join all West Virginians
in wishing Jim a happy birthday and in celebrating his 90 years of
success, and I look forward to celebrating many more birthdays with my
dear friend for years to come.

____________________

TRIBUTE TO GERRY COHEN

Mrs. HAGAN. Madam President, I wish to honor the service of a
great North Carolinian, Gerry Cohen, who will retire in August as
special counsel to the North Carolina General Assembly. For nearly 40
years, Gerry Cohen has served the general assembly with incredible
knowledge, distinction and commitment.
Gerry was first hired as a general assembly staff attorney in 1977
and later became the director of the bill drafting division before
taking on his final role as special counsel.
I had the pleasure to work with Gerry firsthand during my time as a
State senator from 1999 to 2009. I found Gerry's extensive knowledge,
legendary memory and professionalism invaluable and truly unmatched.
Gerry will retire leaving a lasting mark on the institution he served
over a long and illustrious career. His professionalism and grasp of
the issues have endeared him to Republicans and Democrats alike and
earns him the title of ``statesmen.'' He will be truly missed and
impossible to replace.
Gerry earned a degree in political science from the University of
North Carolina at Chapel Hill and later attended the UNC School of Law.
As a second-year law student, he served on the Chapel Hill Town Council
before beginning his work for the North Carolina General Assembly.
Gerry also served on the board of the Raleigh Transit Authority between
2009 and 2013.
North Carolina General Assembly members, both past and present, will
sorely miss an institutional giant with an incredible grasp of the
issues facing our State. Gerry and his wife intend to travel and enjoy
time with family and friends in the next phase of their lives and will
fortunately not have to travel far to enjoy our State's picturesque
mountains or beautiful coastline.
I wish Gerry and his family well and thank him for his incredible
service on behalf of North Carolina.

____________________

REMEMBERING ADMIRAL CHARLES R. LARSON

Mr. CARDIN. Madam President, I wish to honor the extraordinary
life and service of ADM Charles R. Larson. Admiral Larson passed away
on July 26, 2014, in his Annapolis, MD home. He leaves behind his
beloved wife of 52 years, Sally, three loving daughters, and seven
grandchildren.
Throughout his 40 years of service, Admiral Larson exemplified the
ideals of a devoted public servant. After he graduated from the U.S.
Naval Academy in 1958, he served tours of duty aboard the aircraft
carrier USS Shangri-la as an aviator and he served as a submariner on
board the nuclear submarines USS Nathan Hale, USS Nathanael Green, and
USS Bergal. After serving as Special Assistant to the Secretary of the
Interior and naval aide to the President of the United States, he
returned to sea duty aboard the USS Sculpin. In 1990 Admiral Larson was
promoted to the rank of four-star admiral. One year later, he assumed
duties as commander in chief, U.S. Pacific Command.
Admiral Larson's career was marked with many notable accomplishments.
His naval service as both an aviator and a submariner was unique and
admired. In 1979, at the age of 43, he became the second-youngest
admiral in the history of the U.S. Navy. Admiral Larson's service is
also unique in that he served as both the 51st and 55th superintendent
of the U.S. Naval Academy. Larson's second appointment as
superintendent, while unusual, was something that the Navy desperately
needed. Prior to his second tour of duty as superintendant, the Naval
Academy was rocked by a cheating scandal. Admiral Larson was brought in
to restore honor and integrity to his alma mater. The task was not an
easy one, but he accomplished his mission by pursuing two goals that he
outlined when he took the job: ``No. 1: to develop character. No. 2: to
prove the worth of the service academies to the people of the United
States''. By the time his second tour as superintendant was over,
Admiral Larson had succeeded in restoring the Naval Academy's
reputation as one of America's premier educational and military
institutions.
In closing, when I think of ADM Larson, I am reminded of a quote from
another famous Admiral, ADM Leighton Smith: ``The United States Navy is
the envy of every other navy in the world. They don't want to be like
us--they want to be us.''
I believe this quote is true because of the outstanding devotion and
competence of those who serve in our Navy. Ships and weapons systems
are of little value if the service men and women operating them are not
the very best. Admiral Larson understood this, and his service helped
the Navy produce other exceptional leaders who have bravely defended
and immeasurably enriched our Nation. Few could ask for a more
honorable legacy.
I believe that Admiral Larson's legacy is one of duty, honor, and a
sincere

[[Page 13941]]

devotion to serving and improving the Navy he loved. I ask that all
Members of the Senate join me in remembering this extraordinary man and
his admirable years of service to our Nation.

____________________

MESKWAKI TRIBAL POWWOW CENTENNIAL

Mr. HARKIN. Madam President, from August 7 through August 10
the Meskwaki will be celebrating the 100th anniversary of their tribal
powwow, and I would like to take this opportunity to congratulate them
on this occasion. This is a unique event held annually on the only
Indian settlement in the State of Iowa. During this celebration the
tribe members celebrate and perform dances that have been handed down
for generations. It is a time of reaffirmation and hope and a time of
friendship.
The Annual Meskwaki Powwow originated from the traditional religious
and social beliefs of the Meskwaki Tribe. This annual event is derived
from the ``Green Corn Dance'' which originally took place during the
harvesting of the crops. From 1902 to 1912, the tribe held the ``Field
Days'' which would last for the week, with dancing, games, and horse
racing. And then in 1912, the tribe made the decision to change the
name from ``Field Days'' to ``Powwow''. This historic celebration
continues to be held at the original location.
I would like to congratulate the Meskwaki on this joyous occasion and
hope they will continue to celebrate their powwow for many more years
to come.

____________________

MAGIC VALLEY VETERANS AND HOSPICE VISIONS

Mr. CRAPO. Madam President, I wish to pay special tribute to
the outstanding service of veterans living in the Magic Valley of Idaho
and thank Heidi Walker and all the staff with Hospice Visions for the
work they do on behalf of veterans in the Magic Valley.
Hospice Visions has chosen to honor 12 veterans this year in a
veterans recognition ceremony hosted by Genesis Healthcare at their
Twin Falls Center. Veterans from the River Ridge, Twin Falls and
Bennett Hills facilities are among those being recognized. This year's
honorees are: Dennis Asmussen, who served in the Navy in Vietnam; Bill
Benedict, who served in the Army during World War II; Jon Hindes, who
served in the Army in Korea and Vietnam; Levi Hussey, who served in the
Marines in World War II; Benjamin Le baron, who served in the Navy
during World War II; Jay Richards, who served in the Army during the
Cold War; Byron J. Rowland, who served in the Navy during World War II;
Rex Shirts, who served in the Navy during World War II; Vernon Skeen,
who served in the Army during World War II; Gary Winder, who served in
the Army in Vietnam; Vern Winmill, who served in the Air Force in World
War II; and Marion Wood, who served in the Army in World War II. These
veterans are being honored for their service to our Nation. Joining in
paying tribute to these extraordinary Americans is a honor.
Occasions such as this remind us of the many veterans who are such
important parts of our communities. Our freedoms are preserved because
of their selfless service. They not only gave all for our country, but
also they continue to uplift our communities and other generations of
returning veterans and their families. Thank you also to the families
of those who serve our country. You make sacrifices every day in
supporting your loved ones who served in the Armed Forces.
The ceremony also provides an opportunity to recognize the remarkable
work of Heidi Walker and the staff and administrators of Hospice
Visions for their dedication to assisting our Nation's heroes. I have
the honor of presenting Heidi Walker and Hospice Visions with a Spirit
of Idaho Award for going above and beyond in serving the Magic Valley's
aging, ill, and homebound veterans. Your commitment to the men and
women who have served and your work to ensure they receive recognition
for their service are commendable. I understand Hospice Visions is a
participant in the We Honor Veterans Program, a partnership between the
National Hospice and Palliative Care Organization and the Department of
Veterans Affairs to better serve veteran patients in hospice-like
facilities. Heidi and Hospice Visions have given quality care to our
Nation's veterans and have been a great support to their families.
Thank you to the veterans of the Magic Valley for your service and to
Heidi Walker and all those at Hospice Visions for your exemplary
dedication to veterans and their families. We are blessed to have you
as part of the community.

____________________

TRIBUTE TO RICHARD STRUCKHOFF

Mr. BLUNT. Madam President, I wish to pay tribute to Richard
Struckhoff, the county clerk of Greene County, MO. He has been a quiet,
tireless and efficient servant to the citizens of my home county for a
record 27 years. He was appointed when Ronald Reagan was President and
John Ashcroft was Governor. Then Governor Ashcroft wisely chose
Struckhoff for the position he still holds today. Richard was on the
staff of another member of this body, U.S. Senator John Danforth,
serving in the Senate district office in Springfield, MO.
I met Richard when I was the Greene County clerk and he was a news
reporter for KWTO Radio in Springfield. Richard, with his trademark
beard, was then as he is today--easy to work with, soft-spoken,
insightful and a keen student of local politics. Struckhoff was part of
a pack of journalists who visited my office every day looking for
nuggets of public interest and features about elections and county
news. He won awards for his public affairs broadcasts at KWTO. Later he
went to work for Senator Danforth, and in 1987 when the Greene County
clerk resigned, he was appointed. Richard says Danforth was a role
model with his principled leadership, openness to many viewpoints, and
a devotion to his religious faith, all of which had an impact on
Struckhoff's decision to seek elective office.
During his 27 years as clerk, he has seen a host of changes, but none
more dramatic than the implementation of the Help America Vote Act
after the 2000 presidential election. As the chief election official in
Greene County, Struckhoff guided the effort to switch from more than 20
years of punch-card voting to computerized scanner machines and a
statewide voter registration system. Struckhoff's small cadre of staff
has overseen elections, voter registration and education, tax law,
licenses, and county archives. He is seen as a role model by his
colleagues, pursuing public service in place of partisan politics.
Other community leaders have praised his hard work, collaboration, and
good humor. That in itself is a remarkable record.
Struckhoff has been married to Micki for more than 40 years, and they
have three children and a host of grandchildren. Richard spends his
free time between elections on the road, seeing grandkids, singing in
the band, the ``Geezers,'' or playing music at church. In more recent
months, Richard and Micki have begun traveling to shooting competitions
in various locations, and they have both become good shots.
Richard is also a man of faith--deeply involved at Immaculate
Conception Catholic Church in the music program. He was born in St.
Louis in 1952, came to Springfield in the late 1970s and graduated
Missouri State University in 1988. We have been blessed by his
leadership ever since.
Family, faith, music and guns: is there any doubt why we like to be
around Richard Struckhoff? He is a funny guy with a charming smile and
a quick wit. He is a true public servant and my friend. I know he won't
be looking for things to do in retirement. His plate is full with
grandkids to mold, songs to sing and guns to shoot. We have Richard
Struckhoff to thank for more than 27 years of fair elections in Greene
County. I hope retirement brings many rewards to Richard and his
family.

[[Page 13942]]

____________________

BOULDER STATION HOTEL AND CASINO

Mr. HELLER. Madam President, I wish to recognize and
congratulate Boulder Station Hotel and Casino in Las Vegas on 20 years
of business and excellence. Boulder Station's dedication to providing
quality service and bettering its community is commendable, and I am
proud to recognize it here today.
Since its grand opening on August, 23, 1994, Boulder Station has been
an integral part of the Las Vegas community. Boulder Station not only
contributes to the Nevada economy by bringing tourists to our great
State, but it also serves as a large employer of residents of Las
Vegas, currently employing 1,115 Nevadans, some of whom have worked for
the property since its opening day. The Boulder Station team members
strive to make the entire staff feel like a family. Their level of
corporate care and devotion is demonstrated through their exemplary
guest service and generosity to local philanthropic causes. They
believe it is both a privilege and responsibility to help build and
maintain a happy and healthy community, and by giving back they strive
to assist others who may simply need a helping hand.
Boulder Station has worked to help improve education in Southern
Nevada as well. For 13 years, the property has partnered with Laura
Dearing Elementary, an at-risk elementary school, as part of the Smart
Start Program. The partnership program has five components: the school
receives an annual award; a student incentive program is set up to
improve an area of need; the company sponsors a recognition program for
teachers and staff; team members from the Boulder Station volunteer
their time to help with school events and support teachers in the
classrooms; and the casino donates surplus computers and computer
equipment to the partner schools. Boulder Station's commitment to
bettering the community's local educational system is admirable, and I
am proud Nevada is home to a business that has taken such an active
role in helping our youth.
The gaming industry plays an integral role in Nevada's economy.
Casinos have also generated over 100,000 jobs for Nevadans and continue
to be one of the largest employers in the State. Plain and simple, the
tourism and hospitality industry is the lifeblood for businesses and
job creation in Nevada.
I ask my colleagues and all of my fellow Nevadans to join me in
recognizing Boulder Station Hotel and Casino on 20 years of business
and dedication to the Las Vegas community.

____________________

LANDAFF, NEW HAMPSHIRE 250TH ANNIVERSARY

Ms. AYOTTE. Madam President, I wish to honor the town of
Landaff, New Hampshire, which is celebrating the 250th anniversary of
its founding next month. I am proud to join citizens across the Granite
State in recognizing this special milestone.
Landaff, a town in Grafton County, lies fully within the Connecticut
River watershed, with the Ammonoosuc River to the northwest and the
Wild Ammonoosuc River to the south. The southern half of the town is
part of the magnificent White Mountain National Forest.
The town of Landaff has a rich history. It is named after the Bishop
of Llandaff, chaplain to King George III. After the town's first 60
settlers failed to meet the requirements of the King's original grant,
the territory was re-granted to Dartmouth College in 1770.
The college contributed to the town's development by building roads,
a school and a saw mill. In 1773, however, the original owners desired
a return of their land and petitioned the Governor to revoke the
Dartmouth grant. The issue of the ownership of Landaff was drawn out in
the courts for the next 17 years. When the American Revolution
concluded, changes in the American legal system prompted the college to
give the town back to the people.
Today, Landaff's population remains around 360, with the patriotism
and commitment of its residents reflected in part by their longstanding
record of service in defense of our Nation.
One distinguished Landaff resident, Harry Chandler, was born in
Landaff in 1864 and moved to Los Angeles, CA. Mr. Chandler eventually
became the editor of the Los Angeles Times, but he never forgot the
little town that raised him. He was said to have offered a job at the
newspaper to anyone from Landaff who showed up at his door.
Resident sage of Landaff, Moor Noyes, once made this observation
about the history of the town: ``Things ain't now as they use to was
been and people don't do as they use to did then.'' Truer words have
never been spoken.
Landaff has contributed much to the culture and spirit of the State
of New Hampshire. I am pleased to extend my warmest regards to the
people of Landaff as they celebrate the town's 250th
anniversary.

____________________

NEW HAMPSHIRE DAY TO END CHILDHOOD HOMELESSNESS

Mrs. SHAHEEN. Madam President, today I wish to recognize the
New Hampshire Day to End Childhood Homelessness. On September 4, 2014,
Families in Transition, a Manchester-based nonprofit organization that
has long committed itself to ending the cycle of homelessness, will be
hosting this important event.
Founded in 1991, Families in Transition was born from the belief that
having a home is a basic human right. The organization has since been
recognized, both statewide and nationally, for its effectiveness in
ending homelessness through quality, affordable housing and
comprehensive services. Families in Transition focuses on addressing
homelessness by facilitating familial cohesion through specialized
childcare, family therapy, and positive social activities. Family and
youth services at Families in Transition are a vital part of efforts to
help homeless children in New Hampshire.
The New Hampshire Day to End Childhood Homelessness event will bring
critical awareness and support to these children and the work of
Families in Transition.
On behalf of New Hampshire I thank Families in Transition, its staff,
volunteers, and supporters for their determination to serve Granite
Staters in need.

____________________

TRIBUTE TO RICHARD E. WRIGHT

Mrs. SHAHEEN. Madam President, I wish to honor Chief Richard
E. Wright for his lifelong commitment to the New Hampshire fire
service. Chief Wright retired in June after committing 70 years of his
life to the safety of Granite State residents. Through seven decades,
he served as a soldier, a firefighter, the fire chief for the town of
Loudon, and as the chief coordinator for the Capital Area Mutual Aid
Compact.
Chief Wright's service to the fire department began when he was only
11 years old. His paper route included the Central Fire Station and the
fire chief's home. Soon, he became a fixture at the station, and his
helpfulness earned him the unofficial title of ``Errand Boy Number
One.''
Upon graduating from Concord High School in 1950, he worked for the
Rumford Press. Then he served his country, enlisting in the U.S. Army
in 1953. After a 2-year tour of duty in Germany, he returned to New
Hampshire as a sergeant.
Although Chief Wright had left the Army, his life of service had only
just begun. He joined the Concord Fire Department call force in 1957
and then became a full-time firefighter in 1963. Soon Chief Wright was
using his skills to manage the Concord department's budget and handle
administrative tasks.
Through his instinct for business and management, Chief Wright helped
to create the Capital Area Mutual Aid Fire Compact in 1965. To this
day, the Mutual Aid Compact enables Concord and surrounding localities
to share resources to fund their fire departments efficiently, saving
taxpayer dollars.
In 1970 he left full-time fire service to run his family business,
Wright Communications, although he continued to serve as a volunteer
firefighter in Concord for several years. Then in 1973 he

[[Page 13943]]

was appointed chief coordinator of the Mutual Aid Compact and became
full-time coordinator in 1989. In addition to this position, he worked
with the Loudon Fire Department, serving as their fire chief for 12
years.
Chief Wright retired from his role as Mutual Aid Compact coordinator
on June 14, 2014. Throughout his career, he has responded to fires and
calls from across central New Hampshire 24 hours a day, 7 days a week.
He has coordinated resources in order to address major emergencies and
keep Granite State residents safe.
Chief Wright's service to New Hampshire is truly remarkable. I
congratulate him on his retirement and thank him for his lifetime of
dedication to our great State.

____________________

HELENA, MONTANA SESQUICENTENNIAL

Mr. WALSH. Madam President, I wish to recognize Helena, MT, on
the occasion of its 150th birthday. Our capital city, which I am
privileged to call home, continues to contribute to the State of
Montana and our Nation.
Four prospectors came to Montana territory looking for gold in the
1860s, and they struck it rich when they discovered gold in the creek
that now runs under Helena's main street. They named the area Last
Chance Gulch. When news of the site spread, thousands of other migrants
flooded the area, hoping to find success. To care for the growing
mining population, shops, hotels, and saloons sprang up, and a small
city began to grow.
That settlement was officially named Helena on October 30, 1864.
Unlike other mining towns, Helena prospered after the gold rush
ended. Since it was near major roads and surrounded by fertile
farmland, Helena continued to thrive throughout the 20th century.
Helena has been an integral part of our State since before Montana
became part of the United States--the city was named the capital of
Montana territory in 1875, 14 years before Montana joined the Union.
The very first special forces unit of our Nation's military was based
at Fort Harrison, just outside of Helena.
Today, Helena continues to flourish. Thousands of visitors come each
year to hike scenic paths, tackle nationally-rated mountain bike
trails, ski the slopes in Great Divide Ski area, enjoy the view of the
Sleeping Giant, and drink great local beers.
As Montana's capital, Helena is the center of the State government,
and public servants continue to tackle today's tough issues and work to
create a better Montana and country for all of us.
I want to congratulate Helena for its contributions to our State and
our Nation. We look forward to the next 150 years being as exciting as
the last.
Mr. PRYOR. Madam President, I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. PRYOR. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

POINT OF ORDER--S. 2648

The PRESIDING OFFICER. For the information of the Senate, pursuant to
section 312 of the Congressional Budget Act of 1974, a 306 point of
order having been sustained on S. 2648, the bill was referred to the
Committee on Appropriations. All amendments thereto fell and the
cloture motion thereon has been rendered moot.

____________________

EXECUTIVE SESSION

______

NOMINATION OF JOHN FRANCIS TEFFT, A CAREER MEMBER OF THE SENIOR FOREIGN
SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY
AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE RUSSIAN
FEDERATION

______

NOMINATION OF LAURA JUNOR TO BE A PRINCIPAL DEPUTY UNDER SECRETARY OF
DEFENSE

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
proceed to executive session to consider and vote on Calendar Nos. 968
and 868; that if any nomination is confirmed, the motion to reconsider
be considered made and laid upon the table, with no intervening action
or debate; that no further motions be in order to the nomination; that
any statements related to the nomination be printed in the Record; and
that the President be immediately notified of the Senate's action.
The PRESIDING OFFICER. Without objection, it is so ordered.

Vote on TEFFT Nomination

The question is, Will the Senate advise and consent to the nomination
of John Francis Tefft, of Virginia, a Career Member of the Senior
Foreign Service, Class of Minister-Counselor, to be Ambassador
Extraordinary and Plenipotentiary of the United States of America to
the Russian Federation?
The nomination was confirmed.

Vote on Junor Nomination

The PRESIDING OFFICER. Hearing no further debate, the question is,
Will the Senate advise and consent to the nomination of Laura Junor, of
Virginia, to be a Principal Deputy Under Secretary of Defense?
The nomination was confirmed.
Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
consider the following nominations: Calendar Nos: 980, 981, 982, 983,
with the exception of BG Eric C. Bush, 984, 985, with the exception of
COL Marta Carcana, 986, 987, 988, 989, 990, 991, 992, 993, 994, and all
nominations placed on the Secretary's desk in the Air Force, Army, and
Navy; that the nominations be confirmed en bloc; the motions to
reconsider be considered made and laid upon the table, with no
intervening action or debate; that no further motions be in order to
any of the nominations; that the President be immediately notified of
the Senate's action and the Senate then resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed are as follows:

IN the AIR FORCE

The following Air National Guard of the United States
officer for appointment in the Reserve of the Air Force to
the grade indicated under title 10, U.S.C., sections 12203
and 12212:

To be brigadier general

Col. Clarence Ervin

in the ARMY

The following Army National Guard of the United States
officer for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be major general

Brig. Gen. Charles L. Gable

The following Army National Guard of the United States
officer for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be major general

Brig. Gen. Stephen L. Danner

The following Army National Guard of the United States
officers for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be major general

Brigadier General Patricia M. Anslow
Brigadier General Elizabeth D. Austin
Brigadier General Walter E. Fountain
Brigadier General Richard J. Gallant
Brigadier General Scott A. Gronewald
Brigadier General Jeffrey H. Holmes
Brigadier General Walter T. Lord
Brigadier General Johnny R. Miller
Brigadier General Glen E. Moore
Brigadier General Lester Simpson
Brigadier General Rex A. Spitler
Brigadier General Roy S. Webb
Brigadier General David E. Wilmot
Brigadier General David C. Wood

The following named officer for appointment in the Reserve
of the Army to the grade indicated under title 10, U.S.C.,
section 12203:

To be major general

Brig. Gen. Mark W. Palzer

The following Army National Guard of the United States
officers for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
1211:

To be major general

Brig. Gen. Neal G. Loidolt

[[Page 13944]]

To be brigadier general

Col. Thomas P. Bump
Col. Jeffrey E. Ireland
Col. Isabelo Rivera
Col. Wallace N. Turner

The following named officer for appointment in the United
States Army to the grade indicated under title 10, U.S.C.,
section 624:

To be brigadier general

Col. Robert J. Ulses

The following Army National Guard of the United States
officer for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be brigadier general

Col. Timothy J. Sheriff

The following Army National Guard of the United States
officer for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be brigadier general

Col. Timothy S. Paul

The following named officer for appointment in the Reserve
of the Army to the grade indicated under title 10, U.S.C.,
section 12203:

To be brigadier general

Col. Glenn A. Goddard

The following Army National Guard of the United States
officers for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be brigadier general

Colonel Gregrey C. Bacon
Colonel Daryl D. Jaschen
Colonel David S. Werner

The following Army National Guard of the United States
officer for appointment in the Reserve of the Army to the
grade indicated under title 10, U.S.C., sections 12203 and
12211:

To be brigadier general

Col. Robert J. Howell, Jr.

In the NAVY

The following named officer for appointment in the United
States Navy Reserve to the grade indicated under title 10,
U.S.C., section 12203:

To be rear admiral

Rear Adm. (1h) Kerry M. Metz

The following named officers for appointment in the United
States Navy Reserve to the grade indicated under title 10,
U.S.C., section 12203:

To be rear admiral (lower half)

Capt. Gene F. Price
Capt. Linnea J. Sommerweddington

The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. Dawn E. Cutler

Nominations Placed on the Secretary's Desk

in the air force

PN1887 AIR FORCE nominations (69) beginning JONATHAN
ACKLEY, and ending AARON ALLEN WILSON, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1888 AIR FORCE nominations (37) beginning RICHARD EDWARD
ALFORD, and ending DYLAN B. WILLIAMS, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1889 AIR FORCE nominations (18) beginning WILLIAM J.
ANNEXSTAD, and ending DAVID J. WESTERN, which nominations
were received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1924 AIR FORCE nomination of Robert P. McCoy, which was
received by the Senate and appeared in the Congressional
Record of July 22, 2014.
PN1925 AIR FORCE nominations (2) beginning MICHAEL E.
COGHLAN, and ending AJAY K. OJHA, which nominations were
received by the Senate and appeared in the Congressional
Record of July 22, 2014.

in the army

PN1765 ARMY nomination of Burton C. Glover, which was
received by the Senate and appeared in the Congressional
Record of June 10, 2014.
PN1767 ARMY nomination of Paul A. Thomas, which was
received by the Senate and appeared in the Congressional
Record of June 10, 2014.
PN1890 ARMY nominations (51) beginning ALEKSANDR BARON, and
ending RYAN D. ZIMMERMAN, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1891 ARMY nominations (273) beginning CARLO J. ALPHONSO,
and ending JORDAN E. YOKLEY, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1892 ARMY nomination of Desiree S. Dirige, which was
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1926 ARMY nomination of Nealanjon P. Das, which was
received by the Senate and appeared in the Congressional
Record of July 22, 2014.
PN1928 ARMY nominations (3) beginning YONG K. CHO, and
ending THOMAS A. STARKOSKI, JR., which nominations were
received by the Senate and appeared in the Congressional
Record of July 22, 2014.

in the navy

PN1893 NAVY nominations (858) beginning JOHN I. ACTKINSON,
and ending ROBERT E. ZUBECK, II, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1894 NAVY nominations (133) beginning CHRISTOPHER W.
ACOR, and ending RICHARD P. ZABAWA, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1895 NAVY nominations (48) beginning MATE W. AERANDIR,
and ending JACQUELINEMAR W. WRONA, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1896 NAVY nominations (38) beginning CHRISTIAN G. ACORD,
and ending BRIAN P. WORDEN, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1897 NAVY nominations (50) beginning AARON N. AARON, and
ending CHELSEY L. ZWICKER, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1898 NAVY nominations (18) beginning BRIAN F. BRESHEARS,
and ending DAVID A. ZIEMBA, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1899 NAVY nominations (10) beginning DANIEL J. BRADSHAW,
and ending ROSS W. PETERS, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1900 NAVY nominations (12) beginning ARLO K. ABRAHAMSON,
and ending TIFFANI B. WALKER, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1901 NAVY nominations (17) beginning JAMES C. BAILEY, and
ending AMANDA J. WELLS, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1902 NAVY nominations (5) beginning ERIC S. KINZBRUNNER,
and ending ERIC M. ZACK, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1903 NAVY nominations (47) beginning JERMAINE A. BAILEY,
and ending JEREMIAH J. YOUNG, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1904 NAVY nominations (31) beginning JEMAR R.
BALLESTEROS, and ending ANNE L. ZACK, which nominations were
received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1905 NAVY nomination of Christopher A. Cegielski, which
was received by the Senate and appeared in the Congressional
Record of July 17, 2014.
PN1906 NAVY nominations (42) beginning KEVIN C. ANTONUCCI,
and ending JOSHUA D. WEISS, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1907 NAVY nominations (30) beginning FERDINAND D. ABRIL,
and ending ALLEN E. WILLEY, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1908 NAVY nominations (25) beginning MICHAEL D. AMEDICK,
and ending DENNIS M. WHEELER, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1909 NAVY nominations (50) beginning KERRY E. BAKER, and
ending MICHAEL D. WINN, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1910 NAVY nominations (34) beginning KENNETH R. BASFORD,
and ending JOHN P. ZALAR, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1911 NAVY nominations (15) beginning BRIAN J. ELLIS, JR.,
and ending SYLVAINE W. WONG, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1912 NAVY nominations (39) beginning KEVIN S. BAILEY, and
ending THEODOR A. ZAINAL, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1913 NAVY nominations (22) beginning DAVID L. BELL, JR.,
and ending NATHAN J. WONDER, which nominations were received
by the Senate and appeared in the Congressional Record of
July 17, 2014.
PN1914 NAVY nominations (111) beginning RUBEN D. ACOSTA,
and ending DAVID M. YOU, which nominations were received by
the Senate and appeared in the Congressional Record of July
17, 2014.
PN1929 NAVY nomination of Adam J. Rains, which was received
by the Senate and appeared in the Congressional Record of
July 22, 2014.

[[Page 13945]]

____________________

JASON CRISP FOREST SERVICE BUILDING

Mr. PRYOR. Madam President, I ask unanimous consent the Senate
proceed to the consideration of H.R. 4360, which was received from the
House and is at the desk.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (H.R. 4360) to designate the facility of the United
States Forest Service for the Grandfather Ranger District
located at 109 Lawing Drive in Nebo, North Carolina, as the
``Jason Crisp Forest Service Building''.

There being no objection, the Senate proceeded to consider the bill.

____________________

OFFICER JASON CRISP

Mrs. HAGAN. Mr. President, I rise today to honor U.S. Forest Service
Officer Jason Crisp.
On March 12, 2014, Officer Crisp and his K-9 partner Maros lost their
lives during a manhunt for an individual suspected of murdering his
parents earlier that day.
Officer Crisp lived in Marion, NC, located in the western part of the
State. After graduating from the Federal Law Enforcement Training
Center in 2005, he became an officer for the Forest Service. He had
previously served as a deputy sheriff in the McDowell County Sheriff's
Office.
Officer Crisp's tragic death is a reminder of the countless men and
women in law enforcement who put their safety at risk to protect our
communities every day.
In honor of Officer Crisp's bravery, and his service to North
Carolina and to the Forest Service, I am pleased the Senate will
approve H.R. 4360, a bill to designate a Ranger Station within the
Grandfather Ranger District in North Carolina, the ``Jason Crisp Forest
Service Building.''
The new Jason Crisp Building will serve as a lasting tribute to the
ultimate sacrifice Officer Crisp made in service to our country.
Officer Crisp leaves behind his wife, Amanda, his two sons Garret and
Logan, as well as his parents, a sister, and two brothers. My thoughts
and prayers go out to his family.
Mr. PRYOR. Mr. President, I ask unanimous consent the bill be read
three times and passed, and the motion to reconsider be considered made
and laid upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 4360) was ordered to a third reading, was read the
third time, and passed.

____________________

COMBATING AUTISM REAUTHORIZATION ACT OF 2014

Mr. PRYOR. Madam President, I ask unanimous consent the Senate
proceed to the immediate consideration of H.R. 4631, which is at the
desk.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (H.R. 4631) to reauthorize certain provisions of the
Public Health Service Act relating to autism, and for other
purposes.

There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. I further ask that the bill be read a third time and
passed, and the motion to reconsider be considered made and laid upon
the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 4631) was ordered to a third reading, was read the
third time, and passed.

____________________

IMPROVING TRAUMA CARE ACT OF 2014

Mr. PRYOR. Madam President, I ask unanimous consent the Health,
Education, Labor, and Pensions Committee be discharged from further
consideration of H.R. 3548, and the Senate proceed to its
consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (H.R. 3548) to amend title XII of the Public Health
Service Act to expand the definition of trauma to include
thermal, electrical, chemical, radioactive, and other
extrinsic agents.

There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. I ask unanimous consent the bill be read a third time and
passed, and the motion to reconsider be considered made and laid upon
the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3548) was ordered to a third reading, was read the
third time, and passed.

____________________

WILLIAM H. GRAY III 30TH STREET STATION

Mr. PRYOR. Madam President, I ask unanimous consent that the Commerce
Committee be discharged from further consideration of H.R. 4838 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (H.R. 4838) to redesignate the railroad station
located at 2955 Market Street in Philadelphia, Pennsylvania,
commonly known as ``30th Street Station,'' as the ``William
H. Gray III 30th Street Station.''

There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. I further ask unanimous consent that the bill be read a
third time and passed and the motion to reconsider be considered made
and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 4838) was ordered to a third reading, was read the
third time, and passed.

____________________

RELATING TO THE APPROVAL AND IMPLEMENTATION OF THE PROPOSED AGREEMENT
FOR NUCLEAR COOPERATION BETWEEN THE UNITED STATES AND THE SOCIALIST
REPUBLIC OF VIETNAM

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 494, S.J. Res.
36.
The PRESIDING OFFICER. The clerk will report the joint resolution by
title.
The assistant legislative clerk read as follows:

A joint resolution (S.J. Res. 36) relating to the approval
and implementation of the proposed agreement for nuclear
cooperation between the United States and the Socialist
Republic of Vietnam.

There being no objection, the Senate proceeded to consider the joint
resolution, which had been reported from the Committee on Foreign
Relations, with an amendment.
(Strike out all after the resolving clause and insert the part
printed in italic.)

S.J. Res. 36

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. APPROVAL.

(a) Congress does favor the Agreement for Cooperation
Between the Government of the United States of America and
the Government of the Socialist Republic of Vietnam
Concerning Peaceful Uses of Nuclear Energy, signed on May 6,
2014, in this joint resolution referred to as the
``Agreement''.
(b) Notwithstanding section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153), the Agreement becomes effective in
accordance with the provisions of this joint resolution and
other applicable provisions of law.

SEC. 2. THIRTY-YEAR LIMIT ON CIVIL NUCLEAR ENGAGEMENT.

(a) Notwithstanding any other provision of law, no funds
may be used to implement any aspect of an agreement for civil
nuclear cooperation pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153) after the date that is 30
years after the date of entry into force of such agreement
unless--
(1) the President, within the final five years of the
agreement, has certified to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that the party to such
agreement has continued to fulfill the terms and conditions
of the agreement and that the agreement continues to be in
the interest of the United States; and
(2) Congress enacts a joint resolution permitting the
continuation of the agreement for an additional period of not
more than 30 years.

[[Page 13946]]

(b) The restriction in subsection (a) shall not apply to--
(1) any agreement that had entered into force as of August
1, 2014;
(2) any agreement with the Taipei Economic and Cultural
Representative Office in the United States (TECRO) or the
International Atomic Energy Agency (IAEA); or
(3) any amendment to an agreement described in paragraph
(1) or (2).

SEC. 3. APPLICABLE LAW.

Each proposed nuclear export pursuant to an agreement shall
be subject to United States laws and regulations in effect at
the time of each such export.

SEC. 4. ADDITIONAL REQUIREMENTS FOR NUCLEAR PROLIFERATION
ASSESSMENT STATEMENTS.

(a) The Nuclear Proliferation Assessment Statement required
to be submitted by the Secretary of State to the President
pursuant to section 123 of the Atomic Energy Act of 1954 (42
U.S.C. 2153) shall also be submitted to the appropriate
congressional committees and shall be accompanied by a
classified annex, prepared in consultation with the Director
of National Intelligence, identifying and explaining all
classified information related to the agreement to which such
Nuclear Proliferation Assessment Statement applies, and
shall, in addition to any other requirements pursuant to law,
include the following elements:
(1) An assessment of the consistency of the text of the
proposed agreement for cooperation with all the requirements
of the Atomic Energy Act of 1954 and this Act, with specific
attention to whether the proposed agreement is consistent
with each criterion set forth in subsection a. of section 123
of the Atomic Energy Act of 1954 (42 U.S.C. 2153).
(2) An assessment of the adequacy of safeguards and other
control mechanisms and the peaceful use assurances contained
in the agreement for cooperation to ensure that any
assistance furnished thereunder will not be used to further
any military or nuclear explosive purpose.
(3) A historical review and assessment of past
proliferation activity of the cooperating party, or suspect
activity identified by any element of the intelligence
community in its review of raw or processed intelligence
information, including all activities that are potentially
inconsistent with a peaceful nuclear program and any
potential delivery mechanisms of concern.
(4) A list of all the treaties and agreements related to
non-proliferation of weapons of mass destruction to which the
cooperating party is also a party.
(5) An assessment of the cooperating party's current
national laws that govern the non-proliferation of materials
or equipment related to weapons of mass destruction,
including any chemical, biological, or nuclear material,
plutonium, uranium-233, high enriched uranium, or irradiated
source material or special fissionable material.
(6) An explanation for the negotiated duration of the
agreement, including an explanation of the renewal and
termination procedures.
(7) A comparison of the agreement to other existing civil
nuclear cooperation agreements between the United States and
other states in the region.
(8) An assessment of the strategic, security, stability,
and regional considerations throughout the negotiation of
this agreement.
(9) An assessment of the physical and environmental
security of the waste-cycle, ensuring the agreement addresses
international concerns, including international and local
response.
(b) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Relations of the House of
Representatives; and
(2) the term ``cooperating party'' shall mean an entity
with which the United States proposes to enter into an
agreement for cooperation under the Atomic Energy Act of
1954, and shall include--
(A) the government of such cooperating party;
(B) any person authorized by or who acts with the knowledge
of the government of such cooperating party; or
(C) any person who acts within the territory of the
cooperating party.
Mr. PRYOR. Madam President, I further ask unanimous consent that the
committee-reported substitute amendment be agreed to and the joint
resolution, as amended, be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The joint resolution was ordered to be engrossed for a third reading
and was read the third time.
Mr. PRYOR. I know of no further debate.
The PRESIDING OFFICER. The joint resolution having been read the
third time, the question is, Shall it pass?
The joint resolution (S.J. Res. 36), as amended, was passed.
Mr. PRYOR. Madam President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table, with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

CONCERNING THE SUSPENSION OF EXIT PERMIT ISSUANCE BY THE GOVERNMENT OF
THE DEMOCRATIC REPUBLIC OF CONGO

Mr. PRYOR. Madam President, I now ask unanimous consent that the
Senate proceed to the consideration of Calendar No. 495, S. Res. 502.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:

A resolution (S. Res. 502) concerning the suspension of
exit permit issuance by the Government of the Democratic
Republic of Congo for adopted Congolese children seeking to
depart the country with their adoptive parents.

There being no objection, the Senate proceeded to consider the
resolution, which had been reported from the Committee on Foreign
Relations, with an amendment and an amendment to the preamble.
(Strike out all after the resolving clause and insert the part
printed in italic.)
(Strike the preamble and insert the part printed in italic.)

S. Res. 502

Whereas according to UNICEF, over 4,000,000 orphans are
estimated to be living in the Democratic Republic of Congo;
Whereas cyclical and violent conflict has plagued the
Democratic Republic of Congo since the mid-1990s;
Whereas the United States has made significant financial
investments in the Democratic Republic of Congo, providing an
estimated $274,000,000 bilateral aid to the Democratic
Republic of Congo in fiscal year 2013 and an additional
$165,000,000 in emergency humanitarian assistance;
Whereas the policy of the United States Government toward
the Democratic Republic of Congo is ``focused on helping the
country become a nation that . . . provides for the basic
needs of its citizens'';
Whereas the United Nations, the Hague Conference on Private
International Law, and other international organizations have
recognized that a child should grow up in a family
environment;
Whereas adoption, both domestic and international, is an
important child protection tool and an integral part of child
welfare best practices around the world, along with family
reunification and prevention of abandonment;
Whereas, on September 27, 2013, the Congolese Ministry of
Interior and Security, General Directorate of Migration,
informed the United States Embassy in Kinshasa that effective
September 25, 2013, they had suspended issuance of exit
permits to adopted Congolese children seeking to depart the
country with their adoptive parents;
Whereas there are United States families with finalized
adoptions in the Democratic Republic of the Congo and the
necessary legal paperwork and visas ready to travel home with
these children but are currently unable to do so; and
Whereas, on December 19, 2013, the Congolese Minister of
Justice, Minister of Interior and Security, and the General
Directorate of Migration confirmed to members of the United
States Department of State that the current suspension on the
issuance of exit permits continues: Now, therefore, be it
Resolved, [That the Senate--
[(1) affirms that all children deserve a safe, loving, and
permanent family;
[(2) recognizes the importance of ensuring that
international adoptions of all children are conducted in an
ethical and transparent manner;
[(3) expresses concern over the impact on children and
families caused by the current suspension of exit permit
issuance within the Democratic Republic of Congo;
[(4) respectfully requests that the Government of the
Democratic Republic of Congo--
[(A) resume processing adoption cases and issuing exit
permits via the Ministry of Gender and Family's
Interministerial Adoption Committee and Directorate of
General Migration;
[(B) prioritize the processing of intercountry adoptions
which were initiated before the suspension; and
[(C) expedite the processing of those adoptions which
involve medically fragile children; and
[(5) encourages continued dialogue and cooperation between
the United States Department of State and the Democratic
Republic of the Congo's Ministry of Foreign Affairs to
improve the intercountry adoption process and ensure the
welfare of all children adopted from the Democratic Republic
of Congo.]
That the Senate--
(1) affirms that all children deserve a safe, loving, and
permanent family;
(2) recognizes the importance of ensuring that
international adoptions of all children are conducted in an
ethical and transparent manner;
(3) expresses concern over the impact on children and
families caused by the current suspension of exit permit
issuance within the Democratic Republic of Congo;

[[Page 13947]]

(4) respectfully requests that the Government of the
Democratic Republic of Congo--
(A) resume processing adoption cases and issuing exit
permits via the Ministry of Gender and Family's
Interministerial Adoption Committee and General Directorate
of Migration;
(B) prioritize the processing of intercountry adoptions
which were initiated before the suspension; and
(C) expedite the processing of those adoptions which
involve medically fragile children; and
(5) encourages continued dialogue and cooperation between
the United States Department of State and the Democratic
Republic of the Congo's Ministry of Foreign Affairs to
improve the intercountry adoption process and ensure the
welfare of all children adopted from the Democratic Republic
of Congo.
Mr. PRYOR. Madam President, I ask unanimous consent that the
committee-reported amendment be agreed to; the resolution, as amended,
be agreed to; the committee-reported amendment to the preamble be
agreed to; the preamble, as amended, be agreed to; and the motions to
reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The resolution (S. Res. 502), as amended, was agreed to.
The committee-reported amendment to the preamble in the nature of a
substitute was agreed to.
The preamble, as amended, was agreed to.

____________________

HONORING THE 70TH ANNIVERSARY OF THE WARSAW UPRISING

Mr. PRYOR. Madam President, I now ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 496, S.
Res. 513.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:

A resolution (S. Res. 513) honoring the 70th anniversary of
the Warsaw Uprising.

There being no objection, the Senate proceeded to consider the
resolution.

____________________

WARSAW UPRISING 70TH ANNIVERSARY

Ms. MIKULSKI. Madam President, I wish to recognize the 70th
anniversary of the Warsaw Uprising of 1944.
I am proud to stand here today to remember the heroism of the men and
women who took part in the Warsaw Uprising. On August 1, 1944, the
Polish Home Army was ordered to mobilize against the German forces. The
Red Army had retreated to the outskirts of Warsaw and the Polish people
believed the German forces would choose to withdraw. They choose this
moment to stand up and try to liberate Warsaw before the Soviet forces
could take control of the city.
The Polish Home Army consisted of 40,000 brave soldiers, including
4,000 women. They lacked weapons and supplies but proved to be a
challenging force against the German Army. In response, Heinrich
Himmler ordered all of the people of Warsaw killed and the city razed
to the ground to stand as an example to the people of Europe.
The Polish Resistance fought bravely to liberate and protect their
capital and their nation. But the Nazis were determined to crush the
resistance. After 63 days of fighting, the German Army overcame the
courageous Polish resistance. As a result, 85 percent of the city of
Warsaw had been destroyed by the end of World War II.
The actions of the Polish people during the Warsaw Uprising serve as
an inspiration to all people fighting for their right to freedom and
dignity. To this day, their legacy stands as a testament to the Polish
character. It is for these reasons that I am honored to mark the 70th
anniversary of the Warsaw Uprising, which serves as a symbol of heroism
and the strength of the human spirit.
Mr. PRYOR. Madam President, I ask that the resolution be agreed to,
the preamble be agreed to, and the motions to reconsider be considered
made and laid upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 513) was agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is printed in the Record of
Tuesday, July 29, 2014, under ``Submitted Resolutions.'')

____________________

MALAYSIA AIRLINES FLIGHT 17

Mr. PRYOR. Madam President, I now ask unanimous consent the Senate
proceed to the immediate consideration of Calendar No. 497, S. Res.
520.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:

A resolution (S. Res. 520) condemning the downing of
Malaysia Airlines Flight 17 and expressing condolences to the
families of the victims.

There being no objection, the Senate proceeded to consider the
resolution.
Mr. PRYOR. Madam President, I further ask that the resolution be
agreed to; the Murphy amendment to the preamble, which is at the desk,
be agreed to; the preamble, as amended, be agreed to; and the motions
to reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3779) was agreed to, as follows:

(Purpose: To make a technical correction)

In the fourth whereas clause of the preamble, insert ``more
than'' before ``10 additional aircraft''.

The resolution (S. Res. 520) was agreed to.
The preamble, as amended, was agreed to.
The resolution with its preamble, as amended, was agreed to, as
follows:

S. Res. 520

Whereas, on July 17, 2014, Malaysian Airlines Flight 17
tragically crashed in eastern Ukraine, killing all 298
passengers and crew, including 80 children;
Whereas President Barack Obama has offered President of
Ukraine Petro Poroshenko all possible assistance to determine
the cause of the crash, including the services of the Federal
Bureau of Investigation and the National Transportation
Safety Board;
Whereas intelligence analysis shows that the plane was shot
down by an antiaircraft missile fired from an area controlled
by pro-Russian separatists;
Whereas separatists have shot down 10 additional aircraft
and took credit for shooting down another aircraft at
approximately the same time as Malaysian Airlines Flight 17
crashed in eastern Ukraine;
Whereas separatists blocked international experts from
accessing the crash site in the first 72 hours, preventing
the proper care of the victims' bodies and allowing evidence
from the crash to be removed and mishandled;
Whereas weapons and fighters have continued to flow across
the border from the Russian Federation to eastern Ukraine,
and there is evidence that the Government of the Russian
Federation has been providing training to separatists
fighters, including training on air defense systems;
Whereas this tragic incident has demonstrated that European
and other foreign citizens are at risk from dangerous
instability in Ukraine;
Whereas, on July 21, 2014, the United Nations Security
Council condemned in the strongest terms the downing of
Malaysian Airlines Flight 17 and demanded that those
responsible be held to account and that all states fully
cooperate with efforts to establish accountability;
Whereas British Prime Minister David Cameron asserted,
``Russia cannot expect to continue enjoying access to
European markets, European capital and European knowledge and
technical expertise while she fuels conflict in one of
Europe's neighbors.''; and
Whereas the United States Government has continued to
implement sanctions against Russian and Ukrainian individuals
responsible for destabilizing Ukraine and failing to end the
violence: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the shooting down of Malaysian Airlines Flight
17 in Eastern Ukraine that resulted in the deaths of all 298
passengers and crew;
(2) expresses its deepest condolences to the families of
the victims and the people of the Netherlands, Malaysia,
Australia, Indonesia, Great Britain, Germany, Belgium, the
Philippines, Canada, and New Zealand;
(3) supports the ongoing international investigation into
the attack on Malaysian Airlines Flight 17, including
unobstructed access to the crash site;
(4) calls on the Government of the Russian Federation to
immediately stop the flow of weapons and fighters across the
border with

[[Page 13948]]

Ukraine, allow an Organization for Security and Co-operation
in Europe (OSCE) monitoring mission on the border, and fully
cooperate with the international investigation currently
underway; and
(5) urges the European Union to join the United States
Government in holding the Government of the Russian
Federation accountable for its destabilizing actions in
Ukraine through the use of increased sanctions.

____________________

AFRICAN LEADERS SUMMIT

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 498, S. Res.
522.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:

A resolution (S. Res. 522) expressing the sense of the
Senate supporting the U.S.-Africa Leaders Summit to be held
in Washington, D.C., from August 4 through 6, 2014.

There being no objection, the Senate proceeded to consider the
resolution.

____________________

U.S.-AFRICA SUMMIT

Mr. LEAHY. Madam President, as chairman of the subcommittee
responsible for funding and oversight of our Nation's foreign
assistance budget, I have witnessed firsthand the significant gains
achieved by many African countries over the last 20 years.
This progress has been driven by the ingenuity and hard work of the
African people, and has been supported by U.S. assistance provided by
the American people and others. I am pleased that so many African
leaders will be coming to Washington next week for the U.S.-Africa
Summit to discuss how we can continue to grow partnerships between the
U.S. and their countries.
However, I am disappointed by the lack of attention to human rights
and the rule of law in connection with the summit. There is no doubt
that for peace and equitable economic development to flourish on the
African continent, investment is needed to spur economic growth and
security cooperation is needed to foster stability. But without a
commitment to fundamental human rights and the rule of law, these
efforts cannot be sustained.
That is why I support the administration's exclusion of three of
Africa's worst human rights abusers, Omar al-Bashir, Robert Mugabe, and
Isaias Afwerki, who have no place in these discussions. But it is also
why I am disappointed there will be leaders present who have been
credibly implicated in gross violations of human rights and significant
corruption, including President Teodoro Obiang Nguema Mbasogo of
Equatorial Guinea. President Obiang has used events like these as
propaganda to shed his image as a brutally corrupt dictator. He should
not be sitting down to an invitation-only dinner at the White House
while his political opponents languish in jail.
While I support the intent of this summit, and the continued growth
of our relationship with African leaders who are dedicated to improving
the lives of their people, I cannot support the hospitality provided to
those who use their offices to silence their critics and treat their
countries' natural resources as their own personal bank account.
I hope the White House and State Department will insist that the rule
of law and fundamental freedoms including the freedoms of expression,
association, and religion remain a common theme during discussions on
economic and security cooperation. These are not just American values,
they are universal human rights.
In the long run, our commitment to our own principle will ensure that
the assistance we provide yields sustainable results for the good of
the people of Africa and the United States.
Mr. PRYOR. Madam President, I ask that the resolution be agreed to,
the preamble be agreed to, and the motions to reconsider be considered
made and laid upon the table with no intervening action or debate.
The resolution was agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is printed in the Record of
Tuesday, July 29, 2014, under ``Submitted Resolutions.'')

____________________

REAUTHORIZING THE MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL
STAMP

Mr. PRYOR. Madam President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 503, S. 231.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 231) to reauthorize the Multinational Species
Conservation Funds Semipostal Stamp.

There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. Mr. President, I ask unanimous consent that the bill be
read a third time and passed, and the motions to reconsider be
considered made and laid upon the table, with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading, was read
the third time, and passed, as follows:

S. 231

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 ``Multinational Species
Conservation Funds Semipostal Stamp Reauthorization Act of
2013''.

SEC. 2. REAUTHORIZATION.

Section 2(c)(2) of the Multinational Species Conservation
Funds Semipostal Stamp Act of 2010 (39 U.S.C. 416 note) is
amended by striking ``2 years'' and inserting ``6 years''.

____________________

RESOLUTIONS SUBMITTED TODAY

Mr. PRYOR. I ask unanimous consent that the Senate proceed to the
immediate consideration en bloc of the following resolutions which were
submitted earlier today: S. Res. 532, S. Res. 533, S. Res. 534, and S.
Res. 535.
There being no objection, the Senate proceeded to consider the
resolutions en bloc.
Mr. PRYOR. I ask unanimous consent that the resolutions be agreed to,
the preambles, where applicable, be agreed to, and the motions to
reconsider be laid upon the table en bloc, with no intervening action
or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolutions were agreed to.
The preambles were agreed to.
(The resolutions, with their preambles, are printed in today's Record
under ``Submitted Resolutions.'')

____________________

MEASURES READ THE FIRST TIME--S. 2772 AND S. 2773

Mr. PRYOR. I understand there are two bills at the desk and I ask for
their first reading en bloc.
The PRESIDING OFFICER. The clerk will read the bills by title for the
first time.
The legislative clerk read as follows:

A bill (S. 2772) making supplemental appropriations for the
fiscal year ending September 30, 2014, and for other
purposes.
A bill (S. 2773) making supplemental appropriations for the
fiscal year ending September 30, 2014, for border security,
law enforcement, humanitarian assistance, and for other
purposes.

Mr. PRYOR. I now ask for a second reading and I object to my own
request, all en bloc.
The PRESIDING OFFICER. Objection is heard. The bills will be read for
a second time on the next legislative day.

____________________

APPOINTMENTS

The PRESIDING OFFICER. The Chair announces, on behalf of the majority
leader and the Republican leader, pursuant to Public Law 110-298, the
reappointment of the following individual to serve as a member of the
State and Local Law Enforcement Congressional Badge of Bravery Board:
Mike Hettich of Kentucky.
The Chair announces, on behalf of the majority leader and the
Republican leader, pursuant to Public Law 110-298, the appointment of
the following individual to serve as a member of the

[[Page 13949]]

State and Local Law Enforcement Congressional Badge of Bravery Board:
Michael Harris of Nevada.
The Chair announces, on behalf of the Republican leader, pursuant to
Public Law 107-12, the appointment of the following individual to serve
as a member of the Public Safety Officer Medal of Valor Review Board:
Berl Perdue of Kentucky.

____________________

ORDERS FOR FRIDAY, AUGUST 1, 2014

Mr. PRYOR. Madam President, I ask unanimous consent that when the
Senate completes its business today, it adjourn until 11 a.m. on
Friday, August 1, 2014; that following the prayer and pledge, the
morning hour be deemed expired, the Journal of proceedings be approved
to date, and the time for the two leaders be reserved for their use
later in the day; that following any leader remarks, there be a period
of morning business until 2 p.m., with Senators permitted to speak
therein for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. PRYOR. Madam President, there will be no votes tomorrow. The next
rollcall vote will occur at 5:30 p.m. on Monday, September 8.

____________________

GRIDLOCK IN CONGRESS

Mr. PRYOR. Madam President, before we close the Senate before the
August recess, I just want to speak for 1 minute.
We all heard the exchange earlier between the chairman of the Foreign
Relations Committee, Senator Menendez, and Senator Enzi, and Senator
Carper also participated, about appointing ambassadors. I think it is a
sad day for America when our gridlock, the gridlock that the Congress
has created, makes it to where we cannot appoint our ambassadors to go
overseas to represent our great Nation and to be our representatives
there in these countries, many of which are struggling, and many of
which have a lot of tensions either with us, the United States, or
their neighbors or other countries in the world.
I think our country is suffering because of the gridlock and I must
say that the fault rests with all of us. We are elected to be leaders,
and we are not showing leadership by not working through these
difficult issues and allowing the basics of government, including our
ambassadors to be appointed.
I must say there is a simple solution to all of this, and it is not
something that is found in a new political science textbook, it is not
something that some talking head on a TV show has proposed. There is
some ancient wisdom that we all should follow, and that is the Golden
Rule. We should do unto others as we would have others do unto us. If
we would follow that, if all of us would take that to heart and apply
that to our business here in the U.S. Senate and the business of the
Nation, it would be revolutionary in how we conduct our business.
That is the only way to fix it. You have to approach this job as a
public servant and to do what is right for the country, not for your
party or not for some individual agenda. I hope when we are all home
during the August recess we will hear some of that from our
constituents and we will bring that back in September and we will
rededicate ourselves to getting the business of the Nation done.

____________________

ADJOURNMENT UNTIL 11 A.M. TOMORROW

Mr. PRYOR. Madam President, if there is no further business to come
before the Senate, I ask unanimous consent that it adjourn under the
previous order.
There being no objection, the Senate, at 11:15 p.m., adjourned until
Friday, August 1, 2014, at 11 a.m.

[[Page 13950]]

EXTENSIONS OF REMARKS
____________________

RECOGNITION OF EMPLOYEES OF THE OFFICERS AND THE INSPECTOR GENERAL OF
THE U.S. HOUSE OF REPRESENTATIVES WITH 25 YEARS OF SERVICE TO THE HOUSE
AND RECIPIENTS OF THE HOUSE EMPLOYEE EXCELLENCE AWARD

_____

HON. CANDICE S. MILLER

of michigan

in the house of representatives

Thursday, July 31, 2014

Mrs. MILLER of Michigan. Mr. Speaker, Ranking Member Robert Brady and
I rise today to congratulate and recognize the outstanding employees of
the Officers (Clerk of the House, Sergeant at Arms, and Chief
Administrative Officer) and the Inspector General of the U.S. House of
Representatives who have reached the milestone of 25 years of service
to the U.S. House of Representatives, as well as the recipients of the
House Employee Excellence Award.
The House's most important asset is its dedicated and exceptional
employees, whose work, which is often behind the scenes, is vital in
keeping the operations and services of the House running smoothly and
efficiently. The employees we recognize today are acknowledged and
commended for their hard work, dedication, professionalism, support of
House Members and their staffs and constituents, and for their
contributions day-in and day-out to the overall operations of the
House. These employees have a wide range of responsibilities and skills
that support the legislative process, ensure the security of the
institution, maintain our technology and service infrastructure, and
contribute to a more effective and efficiently operating House support
structure. They have accomplished many great things in a wide range of
activities, and the House of Representatives and its Members, staff,
and the American public is better served because of them.
We recognize and honor the individuals named below for 25 years of
dedicated service to the House. Collectively, this group has provided
325 years of service to the U.S. House of Representatives:
David E. Bailey, Office of the Chief Administrative Officer;
Cephas L. Carter, Office of the Clerk;
Antoinette P. Freeman, Office of the Chief Administrative Officer;
Anthony T. Howard, Office of the Chief Administrative Officer;
Carlos Leon-Campos, Office of the Chief Administrative Officer;
Michael P. Mallon, Office of the Chief Administrative Officer;
William B. Plaster, Office of the Clerk;
Vincent H. Plowden, Office of the Chief Administrative Officer;
Wallace A. Simpson, Office of the Sergeant at Arms;
Susan E. Sneden, Office of the Chief Administrative Officer;
Jerome B. Williams, Office of the Chief Administrative Officer;
Waverly Y. Williams, Office of the Chief Administrative Officer;
Diane E. Wilson, Office of the Chief Administrative Officer.
We also recognize and congratulate four House employees for receiving
the Employee Excellence Award. This is a merit-based award, given to
one employee from each House Officer organization, and the Office of
Inspector General. Selected employees exhibited outstanding overall job
performance and displayed a willingness to go above and beyond the call
of duty for their organization throughout the last year. We honor the
individuals named below for receiving this prestigious award.
Russell H. Gore, Office of the Clerk;
Joyce L. Hamlett, Office of the Sergeant at Arms;
Christopher Jordan, Office of the Chief Administrative Officer;
Susan E. Simpson, Office of Inspector General.
On behalf of the entire House community, I extend our congratulations
and once again recognize and thank these employees for their
professionalism and commitment to the U.S. House of Representatives as
a whole, and in particular to their respective House Officers and the
Inspector General. Their long hours and hard work are invaluable, and
their years of unwavering service, dedication, and commitment to the
House set an example for their colleagues and other employees who will
follow in their footsteps. I celebrate our honorees, and I am proud to
stand before you and the nation on their behalf to recognize the
importance of their public service.

____________________

CONGRATULATING DANSBY SWANSON, 2014 COLLEGE WORLD SERIES' MOST
OUTSTANDING PLAYER

______

HON. PHIL GINGREY

of georgia

in the house of representatives

Thursday, July 31, 2014

Mr. GINGREY of Georgia. Mr. Speaker, today I rise to honor Marietta
native, Marietta High School Alumnus, and Vanderbilt second baseman,
Dansby Swanson, on his accomplishments in the 2014 NCAA College World
Series.
Swanson was awarded the College World Series' Most Outstanding Player
Award and was an incredible asset in helping Vanderbilt clinch its
first College World Series Championship.
Throughout the 2014 season, Swanson became one of the key players on
Vanderbilt's tremendously talented roster and was key in Vandy's 3-2
victory over the University of Virginia in the final to cap off a
landmark 50 win season.
Just a sophomore, Swanson batted .323 with five runs scored and two
RBI in Omaha--the most impressive performance of any player in the
tournament.
Mr. Speaker, on behalf of Georgia's 11th Congressional District, I
applaud Dansby for his achievement and look forward to his future
successes. I extend my enthusiastic congratulations to him on achieving
the highest level of recognition possible in the NCAA College World
Series.

____________________

CONGRATULATING ETHICON ON 50-YEAR ANNIVERSARY

______

HON. K. MICHAEL CONAWAY

of texas

in the house of representatives

Thursday, July 31, 2014

Mr. CONAWAY. Mr. Speaker, I rise today to congratulate Ethicon, a
member of the Johnson & Johnson family, in San Angelo, Texas on their
50th anniversary. Throughout the years, Ethicon has been an essential
part of the community and has grown side-by-side with San Angelo.
Ethicon opened its doors in West Texas in 1964. During this time,
Ethicon was a surgical suture manufacturing site that was critical to
the Vietnam War effort. Over the past five decades, the company has
expanded and modernized their production to meet the needs of today's
world.
Ethicon has been a global leader in providing medical supplies for
critical and lifesaving procedures. Their standard of excellence is not
only evident in the lives they have saved, but the families they have
impacted across this nation.
The Ethicon family gathered last week to celebrate this tremendous
50-year milestone together. The smiles on the faces of their 450
employees, their families, and friends said it all. They have provided
opportunities and inspiration for their people. This company is so much
more than a job or a shift to its employees or this community; it is a
source of pride. And I am proud to have Ethicon located in the 11th
District and honored to be part of their joyous occasion.
Again, I congratulate Ethicon on reaching such a distinguished marker
in their company history. I wish them many more in the great town of
San Angelo, Texas.

[[Page 13951]]

____________________

IN HONOR OF JOHN PISTO

______

HON. SAM FARR

of california

in the house of representatives

Thursday, July 31, 2014

Mr. FARR. Mr. Speaker, I rise today to honor the life and career of a
remarkable American who has spent the last half century helping to turn
food into public art. John Pisto is one of the original celebrity
chefs. He is part of the cutting edge group of restaurant professionals
who have brought the creativity, artisanship, art, and excitement of
America's best professional kitchens to the attention of the general
public. And in doing so he has helped make his hometown of Monterey,
California, one of the world's finest culinary treasures.
Chef Pisto was born in Syracuse New York, on October 16, 1941. His
Italian immigrant parents, Santo and Santa Pisto, soon moved to
Monterey, CA where Santo worked as a tailor for the Naval Postgraduate
School. After graduating from Monterey High School, Pisto began work as
a line cook at a fish house on Fisherman's Wharf, adjacent to Monterey
harbor. Within a couple years he had learned, saved, and bought the
place. The fish house began to acquire a large local following and soon
celebrities such as Clint Eastwood and Doug McClure began flocking to
what was one of the few wharf restaurants that actually served fresh
fish harvested from the Monterey Bay.
After years of working as a top line chef, Pisto found his calling in
developing new restaurants. Pisto first established Domenico's on the
Wharf in the late 80's, then followed up with the Abalonetti Seafood
Trattoria, followed by Paradiso Trattoria, and finally the Whaling
Station. Located in the heart of Monterey's famous Cannery Row, Pisto's
Whaling Station has earned an international reputation for some of the
world's best steaks and freshest seafood. Each of these creations have
both boosted the Monterey Peninsula's dynamic tourism industry and
added to Monterey's hometown charm for its own residents.
However, Pisto is best known as the host of ``Monterey's Cookin'
Pisto Style''. His unique style of cooking brings simplicity to recipes
thought difficult to prepare, always with a touch of humor and
informality. Pisto will often take viewers on adventures to culinary
exploits around the world, then return to kitchen to prepare a recipe
related to the excursion. The show has been filmed in China, Tunisia,
Italy, France, Thailand, Portugal, Spain, Costa Rica, and Croatia, as
well as dozens of U.S. locales. Celebrity guests have also been brought
onto to the show, such as the legendary Julia Child, renown chef
Charlie Trotter, musicians Michael Bolton, Johnny Rivers, Sammy Hagar,
racing legend Mario Andretti, and the past Secretary of Defense and
personal friend, Leon Panetta.
As Pisto slows down his schedule after years of dynamic work, it is
appropriate to reflect on how much he has enriched our lives. And while
he may let his business involvement cool down to a low simmer, I know
that Pisto will continue to enrich the community that has benefited so
much from his efforts over the past 50 years.
Mr. Speaker, I know I speak for the whole House in offering John
Pisto, his wife Cheryl, son Dana, and daughters Kim and Gia our
gratitude and best wishes. Buon appetito!

____________________

CELEBRATING DR. LOWELL DILLER

______

HON. JARED HUFFMAN

of california

in the house of representatives

Thursday, July 31, 2014

Mr. HUFFMAN. Mr. Speaker, it is my pleasure to recognize Dr. Lowell
Diller on the occasion of his retirement from Green Diamond Resource
Co. Dr. Diller's commitment and pioneering approach to scientific
research and monitoring of fisheries and wildlife has been of
tremendous benefit to California's North Coast and the United States.
Dr. Diller earned bachelors and masters degrees in zoology from
Oregon State University before serving in the U.S. Army from 1970 to
1971, with a tour in Vietnam. He then attended the University of Idaho,
where he earned a Ph.D. in zoology with a focus on herpetology.
In 1990, Dr. Diller was hired by Simpson Timber Co., now Green
Diamond Resource Co. Dr. Diller developed a Habitat Conservation Plan
for northern spotted owls for the company, the first for the species.
The company now has the largest demographic data set within the range
of the northern spotted owl. Dr. Diller was integral in developing
Green Diamond's Aquatic Habitat Conservation Plan which covers the
company's 457,000 acres in California.
Dr. Diller brought a passion for teaching to Humboldt State
University's Department of Wildlife Management, where he is an adjunct
professor since 2001. He has contributed to at least 37 peer-reviewed
publications and major reports. Dr. Diller is a member of the
California Board of Forestry Research and Science Committee and a
member of the Northern Spotted Owl Recovery Team.
Dr. Diller's career in research and conservation will leave its mark
for generations to come. Please join me in expressing deep appreciation
to Dr. Lowell Verne Diller for his long and impressive record of
service.

____________________

HONORNG THE LIFE OF ELI SETENCICH

_____

HON. JIM COSTA

of california

in the house of representatives

Thursday, July 31, 2014

Mr. COSTA. Mr. Speaker, I rise today to pay tribute to the life of
Eli Setencich, who passed away on July 12, 2014, at the age of 90. Eli
was a veteran of America's greatest generation who will be greatly
missed by residents throughout Central Valley.
Eli was born on April 10, 1924, in Sacramento, California and later
moved to Sanger, California to live with relatives upon his mother's
passing. In 1941, he graduated from Sanger High School and joined the
Army Air Corps. During World War II, Eli flew 142 combat missions. He
flew the A-36 Apache and P-47 Thunderbolt. Eli always showed great
courage and superior flying ability during his combat missions. His
service, heroism, and extraordinary achievements were recognized with
two Distinguished Flying Cross awards.
In 1944, upon receiving his first Distinguished Flying Cross for the
combat mission he completed in Italy, Eli was promoted from First
Lieutenant to Captain. In 1945, Eli received his second Distinguished
Flying Cross after flying a combat mission in Germany. He exhibited
great leadership and determination.
When the war ended, Eli continued his service at the 144th Fighter
Wing of the California Air National Guard. Later, he attended College
of the Sequoias and began his legacy in journalism. After working in
the radio and television industry for a short time, he started his
remarkable career at The Fresno Bee. Eli worked at The Bee for 41
years. He started out writing a weekly column, and later in his career,
he was writing three columns a week. In 2002, Eli retired, and the
contributions he made to the paper and the field of journalism were
highly commended. Eli was a very insightful journalist, and his writing
was both witty and humorous. His way with words could go unmatched.
Eli was a mentor and friend to countless individuals. His humble
demeanor and ability to poke fun at himself was always refreshing. Eli
will be greatly missed by his wife, Yvonne, daughter, Amy, and two
grandchildren.
Mr. Speaker, it is with great respect that I ask my colleagues in the
U.S. House of Representatives to honor the life of Eli Setencich, an
American hero and distinguished journalist. His presence will
undoubtedly be missed, but the impact he made on our community will
never be forgotten.

____________________

HONORING PAUL AND EMMA ESKER

_____

HON. ANDY BARR

of kentucky

in the house of representatives

Thursday, July 31, 2014

Mr. BARR. Mr. Speaker, I rise today to recognize Paul and Emma Esker
for their many contributions to healthcare, education and the arts in
Madison County, Kentucky. The leadership of both these citizens has
been evident and invaluable to Richmond and throughout Madison County.
In particular, I would like to recognize the Eskers' dedication to
the Pattie A. Clay Regional Medical Center and its Infirmary
Association, and to Baptist Health Richmond. Mr. Esker served as a
member of the Pattie A. Clay Foundation Board of Directors from 2005 to
2012, and has worked at the hospital as a Certified Registered Nurse
Anesthetist since 1973.
Mrs. Esker served as the St. Mark Catholic Church representative to
the Pattie A. Clay Infirmary Association and as a member of its Board
of Directors from 2001 to 2012. In 2013, she joined the board of
Baptist Health Foundation Richmond. She also served the

[[Page 13952]]

community as president of the St. Mark Catholic School Board and as a
director of the Richmond Area Arts Council. She is a retired Radiology
Technician who was employed at Baptist Health Richmond.
The retirement of Mr. and Mrs. Esker on August 1, 2014 marks the end
of decades of quiet, selfless commitment to Madison County and beyond.
Their service is a role model and inspiration to many, and has made a
real difference to generations.

____________________

ONE HUNDRED AND TWENTY-FIFTH ANNIVERSARY OF THE BOROUGH OF MADISON, NEW
JERSEY

_____

HON. RODNEY P. FRELINGHUYSEN

of new jersey

in the house of representatives

Thursday, July 31, 2014

Mr. FRELINGHUYSEN. Mr. Speaker, I rise today to recognize the one
hundred and twenty-fifth anniversary of the Borough of Madison, County
of Morris, New Jersey.
The first residents of the borough of Madison were Lenape Indians
with small villages located near rivers and streams. In 1715, when the
first European settler, Barnabas Carter, reached what would become
Madison, the Lenape had already left the area. The Presbyterian Church
of South Hanover acquired a piece of land from Carter and built a
meetinghouse on it. This place, known as ``Bottle Hill,'' became a
center for Presbyterianism.
When the Revolutionary War began, the 20 families who resided in
Bottle Hill joined the Morris County militia. The group was led by
Reverend Azariah Horton, a Presbyterian minister. Bottle Hill provided
a direct route to and from Morristown. The town served as a camp for
the largest Continental Army in the Revolutionary War during the winter
of 1777. Officers took up quarters in Bottle Hill, and General George
Washington was offered hospitality in homes that are still located on
Ridgedale Avenue today.
Once a part of South Hanover, Bottle Hill was divided between Morris
and Hanover Townships until 1806 when the village joined with Florham
Park, Chatham Township, and Chatham Borough to create one Chatham
Township. Bottle Hill was the name originally given to Madison, and
there are two beliefs surrounding this moniker. One idea is that the
name is derived from the bottle-like shape of the town's original land,
which was formed by two hills. The other, more likely idea, comes from
a tavern that was once located on top of a hill at the meeting of Park
and Ridgedale avenues that advertised by hanging a bottle-shaped sign
outside. The nickname is also used for Madison's annual ``Bottle Hill
Day'' street fair. In 1834, to pay tribute to James Madison, the fourth
President of the United States and father of the U.S. Constitution,
Bottle Hill's name was changed to Madison. In 1889, Madison seceded
from Chatham Township to create the Borough of Madison.
In the mid-1800s, Madison was nicknamed ``The Rose City'' during a
time when Madison was a popular destination for wealthy families from
New York City seeking fresh-air and an area on which to build their
country homes. So as to ornament their estates, these families wanted
fresh flowers every day. Thus, they used individual greenhouses to grow
roses for themselves and, later in 1856, for the commercial market. The
growth of Madison's rose production was made possible by the Morris and
Essex Railroad service that began in 1937. Roses and rose shows in
Madison became internationally known, and working-class immigrants from
Germany, Italy, and Ireland were attracted to Madison because of jobs
in the rose industry and on the estates there. The descendants of these
ancestors that still reside in Madison make it the diverse municipality
that it is today.
Mr. Speaker, I ask you and my colleagues to join me in celebrating
with the residents and the officials that represent the wonderful
Borough of Madison on the occasion of their one hundred and twenty-
fifth anniversary.

____________________

OUR UNCONSCIONABLE NATIONAL DEBT

_____

HON. MIKE COFFMAN

of colorado

in the house of representatives

Thursday, July 31, 2014

Mr. COFFMAN. Mr. Speaker, on January 20, 2009, the day President
Obama took office, the national debt was $10,626,877,048,913.08.
Today, it is $17,621,751,199,943.72. We've added
$6,994,874,151,030.64 to our debt in 5 years. This is over $6.9
trillion in debt our nation, our economy, and our children could have
avoided with a balanced budget amendment.

____________________

INTRODUCING A RESOLUTION RECOMMENDING THE DESIGNATION OF A PRESIDENTIAL
SPECIAL ENVOY TO THE BALKANS

_____

HON. JANICE HAHN

of california

in the house of representatives

Thursday, July 31, 2014

Ms. HAHN. Mr. Speaker, today, I am introducing a resolution to
recommend the designation of a Presidential Special Envoy to the
Balkans.
In November of 1995 the United States government spearheaded a series
of peace talks in Dayton, Ohio ending more than three years of warfare
and genocide plaguing the Croats of the Balkans. Ultimately, from those
talks stemmed the Dayton Peace Accords, establishing the new nation-
state of Bosnia-Herzegovina. However, as time has lapsed for the Dayton
Peace Accords the U.S. has made no attempt to revisit the many faults
in the original agreements. The time has come to lend our services in
aid of the Republic of Croatia and effect positive, and lasting
diplomatic change.
While the U.S. has demanded that the Bosnian people initiate these
revisions themselves, we have witnessed a nation-state with great
political and economic potential fall back into violent patterns. As
the Representative of the 44th district of California, an area steeped
in Croatian culture, I have heard firsthand the concerns arising from
growing political instability in the Bosnian-Herzegovinian region. This
region is integral to the future success of our interdependent
international community. We have an obligation to support the
democratic and free market progress that has been hard won over the
last two decades.
Therefore, I call upon this 113th Congress to designate a special
presidential envoy to evaluate the successes and shortcomings of the
Dayton Peace Accords, and to provide tangible policy recommendations to
the Republic of Croatia. It is my greatest hope that the United States
can be a catalyst for change and success in the new Bosnia-Herzegovina
region.

____________________

SUPPORT FOR THE WORK OF ECODISTRICTS

_____

HON. EARL BLUMENAUER

of oregon

in the house of representatives

Thursday, July 31, 2014

Mr. BLUMENAUER. Mr. Speaker, I'm pleased to express my support for
the work of EcoDistricts, a national organization founded in my
district in Portland, Oregon, and which fosters innovation, community
action, and sustainability at the neighborhood level.
I have spent my career working to build livable communities in my
hometown of Portland and around the country. These are communities
where people are safe, economically secure and healthy. The EcoDistrict
model has achieved great success in achieving this goal by starting
small and engaging neighbors, local businesses, and government in the
process of improving communities and creating spaces where employers
want to locate and families want to live.
We have seen the success of Portland's EcoDistricts, which are
diverse and range from downtown near Portland State University, to the
Lents neighborhood in the Southeast part of the city. This is an area
that has struggled for decades with crime, air quality, transportation
access, and equity issues. The engagement fostered by these districts
helped approve a project to stripe bike lanes on the major arterial to
Lents, a farmers market now runs every Sunday through the summer that
features local immigrant communities, and volunteers are helping kids
create gardens at three neighborhood schools.
The EcoDistrict model and process does more than just set goals and
implement projects. It helps neighbors identify shared values and work
together to make their shared spaces fit those values. I am thrilled
that this model has since been expanded to other cities around the
country, and look forward to continued success stories.
Thank you to the EcoDistrict team, and to the leaders involved in
this initiative, for continuing this important on-the-ground work to
make communities across the nation more livable.

[[Page 13953]]

____________________

CELEBRATING THE RUSSIAN RIVER HEALTH CENTER 40TH ANNIVERSARY

______

HON. JARED HUFFMAN

of california

in the house of representatives

Thursday, July 31, 2014

Mr. HUFFMAN. Mr. Speaker, it is my pleasure to recognize the Russian
River Health Center on the occasion of the organization's 40th
Anniversary Celebration and National Health Centers Week on August 15,
2014.
For four decades, the Russian River Health Center has been recognized
as an invaluable asset within the community and has continued to serve
the growing and diverse needs of the people of West Sonoma County. The
Center's HIV program has become a model and a leader in the integration
of HIV care in a primary care setting and continues to provide care to
people affected by the disease and reduce the spread of it in our
community. In 2002, West County Health Centers became a Federally
Qualified Health Center ensuring ongoing funding to care for low-income
and uninsured patients.
Russian River Health Center has had an incredible impact on the
community it serves and will continue to provide vital health care for
many years to come. Please join me in expressing hearty congratulations
to the Russian River Health Center on the occasion of their fortieth
anniversary.

____________________

HONORING ALLEN JACOB WEBB

______

HON. SAM GRAVES

of missouri

in the house of representatives

Thursday, July 31, 2014

Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize
Allen Jacob Webb. Allen is a very special young man who has exemplified
the finest qualities of citizenship and leadership by taking an active
part in the Boy Scouts of America, Troop 43, and earning the most
prestigious award of Eagle Scout.
Allen has been very active with his troop, participating in many
scout activities. Over the many years Allen has been involved with
scouting, he has not only earned numerous merit badges, but also the
respect of his family, peers, and community. Most notably, Allen has
earned the rank of Runner in the Tribe of Mic-O-Say. Allen has also
contributed to his community through his Eagle Scout project. Allen
restored a grave box at Mt. Mora cemetery, the oldest operating
cemetery in Saint Joseph, Missouri.
Mr. Speaker, I proudly ask you to join me in commending Allen Jacob
Webb for his accomplishments with the Boy Scouts of America and for his
efforts put forth in achieving the highest distinction of Eagle Scout.

____________________

HONORING CARLTON SMITH, EXECUTIVE VICE PRESIDENT OF HEAVY EQUIPMENT
RESOURCES OF FLORIDA, INC. (HERO FL), UPON RECEIVING THE SMALL BUSINESS
ADMINISTRATION'S 2014 REGIONAL AND STATE OF FLORIDA SMALL BUSINESS
EXPORTER OF THE YEAR AWARD

______

HON. ANDER CRENSHAW

of florida

in the house of representatives

Thursday, July 31, 2014

Mr. CRENSHAW. Mr. Speaker, I rise today to recognize Jacksonville's
very own Carlton Smith, Executive Vice President of Heavy Equipment
Resources of Florida, Inc. (HERO FL), upon receiving the Small Business
Administration's 2014 Regional and State of Florida Small Business
Exporter of the Year Award. It is an honor to represent Carlton and his
thriving export company, located in the Fourth Congressional District
of Florida. Small businesses, like HERO FL, are the backbone of this
country and are job creators that are revitalizing our nation's
economy.
HERO FL began in 2008, when Carlton, his father Leslie, and uncle
George, decided to take advantage of the opportunities that the
expansion of JAXPORT had to offer. Expanding on their already
successful commercial landscaping business, Carlton saw an opportunity
to branch out internationally, exporting machinery and other materials
to construction and mining industries across the globe. And so, HERO FL
was born.
HERO FL began specializing in worldwide exports of components, spare
parts, and heavy machinery to mining and earthmoving industries. The
company's ability to deliver hard-to-find parts quickly and efficiently
to remote mining locations throughout the world has deservedly garnered
a lot of attention.
In addition to the prestigious Small Business Administration award,
HERO FL was recently honored with the President's ``E'' Award for its
efforts to expand national exports. Created under President John F.
Kennedy, the ``E'' Award recognizes people, firms or organizations that
make major contributions in U.S. exports. Today, the ``E'' Award is the
highest recognition any U.S. entity can receive for noteworthy export
promotion efforts.
Due to HERO FL's success, today, 100 percent of its revenue stems
from export sales and from 2010 to 2013, HERO FL's sales grew an
astounding 344 percent. This is a true American success story and
should serve as inspiration for all small business owners. I am proud
that the First Coast can claim Carlton Smith and his prosperous company
as its own.
Mr. Speaker, I ask you and Members of the House of Representatives
join me in this very special congressional salute to Carlton Smith and
everyone at HERO FL.

____________________

HONORING THE SERVICE OF MAJOR JOSHUA S. KIRK, U.S. MARINE CORPS

______

HON. TIM RYAN

of ohio

in the house of representatives

Thursday, July 31, 2014

Mr. RYAN of Ohio. Mr. Speaker, I rise today to honor Major Joshua S.
Kirk, United States Marine Corps, who recently passed away after over
10 years of service to our nation.
In 1999, Major Kirk, a native of my home state of Ohio, joined the
United States Marine Corps and was commissioned in August 2000. He
earned a law degree from the University of Virginia in 2004 and over
the course of the next 10 years, held several positions around the
world in service to his country as a Marine Corps Judge Advocate.
His assignments included Civil Law Officer and Trial Counsel at
Marine Corps Air Station Miramar; Legal Assistance Officer in Charge,
Senior Defense Counsel, and Chief Prosecutor at Marine Corps Base
Hawaii; and Prosecutor in the Office of Military Commissions in
Washington, DC. In 2006-2007, Major Kirk deployed to Iraq with the
Third Marine Aircraft Wing in support of Operation Iraqi Freedom as the
Deputy Staff Judge Advocate. He has earned a variety of awards for his
outstanding service to our country. His personal awards include the
Navy and Marine Corps Commendation Medal (two awards), Navy and Marine
Corps Achievement Medal (two awards).
I recognize Major Kirk's honorable commitment to our country and the
sacrifices he made on its behalf. He is survived by his wife of 10
years, Lieutenant Commander Erin Quay, United States Navy, Judge
Advocate General Corps, and his son, Aedan Kirk. It is an honor to
stand in recognition of this dedicated military family.

____________________

CANCEL AUGUST RECESS

______

HON. ROBERT J. WITTMAN

of virginia

in the house of representatives

Thursday, July 31, 2014

Mr. WITTMAN. Mr. Speaker, once again, I am disappointed that Congress
plans to adjourn this August without addressing critical issues
important to the American people.
I appreciate that district work periods allow Members to visit and
work on behalf of their constituents. I am fortunate to commute from my
home in Montross to Washington, DC on a daily basis, so I am in my
district listening to the concerns of my constituents every day.
However, too much unfinished business remains, and too many important
issues must still be addressed with a limited amount of time on the
calendar. Congress has not completed its work, and our constituents
expect us to stay and finish the job.
I am prepared to stay in Washington until we complete the people's
work. As I have asked year after year, let's clear our schedule, halt
the outdated tradition of adjourning for the month of August, and stay
in Washington to

[[Page 13954]]

complete the work our constituents sent us here to do.

____________________

HONORING THE RETIREMENT OF COLONEL GARY P. GOLDSTONE OF THE UNITED
STATES AIR FORCE

______

HON. TONY CARDENAS

of california

in the house of representatives

Thursday, July 31, 2014

Mr. CARDENAS. Mr. Speaker, on behalf of California's 29th district, I
am proud to honor one of our most distinguished constituents and
homegrown heroes, Colonel Gary P. Goldstone of the United States Air
Force. On August 6, 2014, Colonel Goldstone is retiring, after an
incredible 26 years and 19 days of active duty service.
Colonel Goldstone has served our great country with dedication and
honor beginning his military career as a candidate in the United States
Air Force Officer Training School. He was commissioned a Second
Lieutenant in 1989. In the time since then, Colonel Goldstone's career
epitomizes leadership and selfless service. He has served his country
extraordinarily well as a Commander at the Squadron, Group, Wing, and
Installation levels of command. During those challenging command tours
he deployed into austere conditions in foreign lands to command flying
operations in combat and humanitarian missions. Further, Colonel
Goldstone has flown all over the world as a command pilot in a variety
of aircraft in service to the United States.
Colonel Goldstone attended California State University, Northridge,
and graduated in 1987. He went on to earn his commission and the
coveted Air Force pilot wings of silver at Laughlin Air Force Base
Texas in the Smooth and Easy Class of 1990-07. He has nearly 4,000
flying hours (including over 630 hours of combat time) in the following
aircraft: T-37, T-38, C-130E/H, EC-130H, EC-130J, KC-135R/T, C-17A, and
C-21A. Colonel Goldstone's career has taken him to foreign lands and
harsh living conditions and to the dynamic environment of the
Chairman's Joint Staff in the Pentagon, the Headquarters Air Force
Staff in the Pentagon, and the Headquarters Air Mobility Command Staff.
Additionally, Colonel Goldstone has held key positions on every staff
and concludes his career as Chief of the Strategic Planning Integration
Division in the Directorate of Strategic Planning. He also serves as
Chief of Staff at the Headquarters Air Force Total Force Task Force and
the Total Force Continuum.
As testament to his exceptional service, Colonel Goldstone's military
decorations include the Defense Superior Service Medal, Legion of Merit
with oak leaf cluster, Meritorious Service Medal with four oak leaf
clusters, Air Medal with five oak leaf clusters, Aerial Achievement
Medal and the Air Force Commendation Medal.
Colonel Goldstone's wife of 25 years, Mary Goldstone, has also
supported the Air Force mission, actively volunteering and holding a
variety of positions primarily with spouse and family support
organizations. Notably, she was instrumental in reactivating the 16th
Airlift Squadron spouses group while at Charleston Air Force Base,
South Carolina. Through her tireless commitment she expanded the group
from approximately 30 spouses to 120 spouses by the time the Goldstones
departed in June 2004. During this time she helped sponsor numerous
morale-building socials, fundraisers, and welcome/farewells. These
activities were vital toward promoting unity of effort and support for
families, especially when active-duty members were deployed conducting
combat operations.
During Colonel Goldstone's tour as the Scott Air Force Base Illinois
Installation Commander, Mary shined as ``The First Lady of Scott Air
Force Base'' by continuing her steadfast work primarily with families
and spouses through groups such as Phoenix Spouses, Heartlink, and
Newcomer's Orientations for spouses. She also worked closely with the
Airman and Family Readiness Center to restart and revitalize various
key programs.
Colonel and Mrs. Goldstone have two children, Garrett and Danielle.
It is with great pride and honor that I extend my heartfelt
appreciation to Colonel Gary Goldstone and his family for all of their
sacrifice and service, and wish them well in all future endeavors.
Colonel Goldstone has set a truly inspiring example of dedication to
the defense of freedom, service before self, and what it means to be an
Officer and Gentleman.

____________________

RECOGNIZING THOMAS McNABB ON COMPLETION OF 30 YEARS AS THE NATIONAL
SECRETARY OF THE ANCIENT ORDER OF HIBERNIANS OF AMERICA

______

HON. DANIEL B. MAFFEI

of new york

in the house of representatives

Thursday, July 31, 2014

Mr. MAFFEI. Mr. Speaker, I rise today to recognize Thomas McNabb on
his completion of 30 years as the National Secretary of the Ancient
Order of Hibernians of America (AOH).
Thomas McNabb was born and raised in Auburn, New York, where he
joined the Auburn Hibernian Division in 1955. Known as ``Mr.
Hibernian'' around town, Tom has served his division in every capacity.
He started many local Irish-American traditions such as the Friends of
Ireland Annual St. Patrick's Day Luncheon; he was also the founder of
Auburn's Irish Festival.
Thomas McNabb also served on the AOH New York State Board as
Secretary, Treasurer, Organizer, State Director, and Vice President.
Tom rose through the ranks to become the youngest AOH state President
in 1975.
Tom's unwavering commitment to the AOH was recognized nationally when
he was elected National Vice President in 1976 and then later became
the second youngest National President in 1978.
Thomas McNabb was elected to his current position of AOH National
Secretary in 1984.
During his years in National Hibernian leadership, Tom met with
numerous elected officials and prominent figures to promote and support
Irish causes. Notable meetings included President Jimmy Carter, Members
of Congress, as well as Catholic Bishops, Cardinals and Archbishops.
In addition to Tom's great work in the United States, he has traveled
to Ireland numerous times in support of the nation's causes. Tom was
instrumental in the funding, building, and dedication of the Great
Hunger Memorial in County Clare in 1995. This monument was the first
memorial in Ireland to honor those who suffered and were lost during
The Potato Famine, now renamed The Great Hunger.
On top of his distinguished and devoted work for the AOH, Tom had
worked as the Safety Inspector for the City of Auburn and served as an
Auburn City Council member from 1995 to 2011.
Throughout his life, Thomas McNabb has fully embodied the AOH Motto--
``Friendship, Unity, and Christian Charity''.
Mr. Speaker, it is with great pride that I recognize Thomas McNabb on
his completion of 30 years as the National Secretary of the Ancient
Order of Hibernians of America (AOH). May he continue to be a leading
force for good in an ever-changing world.

____________________

IN HONOR OF NATIONAL NIGHT OUT

______

HON. SAM FARR

of california

in the house of representatives

Thursday, July 31, 2014

Mr. FARR. Mr. Speaker, I rise today to bring to the attention of the
House the powerful effect that National Night Out has on our
communities' continued unity and success. Next month, we will celebrate
the event's 30th anniversary.
The annual event was started in 1984 by the National Town Watch
Association in order to incite local cultural and philanthropic
interests in the name of crime prevention and promoting deeper
community relations. On Tuesday, August 7, 1984, 2.5 million Americans
participated across 400 communities in 23 states.
Presently, through the efforts of thousands of hard-working Americans
with those missions in mind, National Night Out comprises 37.8 million
people across 16,124 communities in all 50 states, U.S. Territories,
Canadian cities, and military bases around the world.
My district contains the City of Salinas, an agricultural hub,
providing fresh produce throughout the United States. The City of
Salinas struggles with crime and, as often follows, social splintering
among residents--partially due to gang-related violence. But time and
time again, my constituents and organizations in the community come
together to support each other and to remind the community that peace
is the answer. This year the City of Salinas' National Night Out has
approximately 30 organizations taking part in the Community Safety Fair
and Peace March. Some of the organizations include: A Time for Grieving
and Healing, Second Chance, County of Monterey, Clinica De Salud del
Valle de Salinas, Monterey County Rape Crisis Center, Natividad

[[Page 13955]]

Medical Center, Partners for Peace, Peacock Acres, United Farm Workers
Foundation, United Way, and Sun Street Centers that are dedicated to
creating unity and peace in the community.
Mr. Speaker, National Night Out will spread the message of unity and
positive energy to communities throughout the United States, including
Salinas, the way Salinas has shared Salinas-grown fresh produce
throughout the country. I commend all of the participants taking part
in National Night Out on their contribution to the worthy goal of
eliminating crime and encouraging deeper community relations.

____________________

RECOGNIZING THE 2014 MINNESOTA POLICE OFFICER OF THE YEAR

______

HON. COLLIN C. PETERSON

of minnesota

in the house of representatives

Thursday, July 31, 2014

Mr. PETERSON. Mr. Speaker, I rise today to honor Sergeant Eric Kilian
of the Hutchinson, Minnesota Police Department, a brave law enforcement
officer from the 7th Congressional District who was recently awarded
the 2014 Police Officer of the Year award by the Minnesota Police and
Peace Officers Association--the largest organization of professional
law enforcement officers in the State.
Sgt. Kilian has served as a law enforcement officer for over 22 years
and was recently recognized for his heroic actions during an occurrence
that took place last October in Hutchinson. When responding to a report
of a suspicious person, Sgt. Kilian was faced with a dangerous suspect
likely under the influence of methamphetamines. The suspect engaged the
officer in a physical altercation and attempted to disarm him and take
command of his service weapon. Running out of options and thinking
quickly, Sgt. Kilian discharged his weapon in the suspect's chest. The
injured perpetrator attempted to escape but collapsed nearby. Sgt.
Kilian then proceeded to administer first aid until paramedics arrived.
The suspect ultimately survived after being transported for medical
treatment. Based on Sgt. Kilian's actions, a dangerous situation was
resolved, and a life was saved. Sgt. Kilian's professional response to
the incident demonstrates his excellence as a law enforcement officer,
and I would like to recognize his brave actions before this Chamber.
Mr. Speaker, as a long-time friend, supporter and ally of the
Minnesota law enforcement community, I am proud to recognize the
sacrifices our officers make in the line of duty each and every day. I,
along with all my colleagues, owe a great deal of gratitude to the
Americans who make this a safer country every single day. It is a great
honor to represent these heroic men and women, and I invite my
colleagues in the House to join me in congratulating Officer Kilian on
receiving this recognition.

____________________

HUMAN RIGHTS VETTING: NIGERIA AND BEYOND

______

HON. CHRISTOPHER H. SMITH

of new jersey

in the house of representatives

Thursday, July 31, 2014

Mr. SMITH of New Jersey. Mr. Speaker, Boko Haram has significantly
accelerated its acts of mass murder and abduction in Nigeria, requiring
a more robust and effective response from the Government of Nigeria and
friends like the United States. According to a recent report by the
Internal Displaced Monitoring Centre and the Norwegian Refugee Council,
there are 3.3 million Nigerian Internally Displaced Persons (IDPs)--
more than every other country in the world except Syria and Colombia.
The UN High Commission for Refugees estimates that there are now more
than 10,000 Nigerian refugees in Niger and Cameroon. According to the
International Rescue Committee (IRC), due to credible fears of
abduction as many as one thousand refugees a week--80% women and
girls--are fleeing to the nearby country of Niger from Nigeria's Borno
State alone.
Former U.S. Ambassador to Nigeria Robin Renee Sanders testified
before my subcommittee on June 11th that the fight against Boko Haram
will be a long war, but that Nigerian military and security forces are
insufficiently trained and ill-equipped to meet the challenge of
savage, relentless violence. Earlier this month, she told a Capitol
Hill forum on Boko Haram that in the vacuum created by delays in
training Nigerian forces, vigilante groups have been formed and that
now are themselves committing human rights abuses.
According to the current State Department human rights report, Boko
Haram is responsible for the most heinous human rights violations in
Nigeria, but that same report tells us elements in the Nigerian armed
forces and security apparatus have committed serious human rights
abuses with little or no accountability.
Even in the face of serious threats to Nigerian and regional
security, the U.S. Government, which has a longstanding alliance with
the Federal Republic of Nigeria, has experienced obstacles in providing
the security assistance necessary to help our ally address this dire
emergency. Laws our Congress created to prevent our alliance with rogue
military and security forces are being blamed for making our assistance
more difficult to provide. But is the law the problem, or rather is it
how the law is being applied? Or is the U.S. not attempting to train
sufficient numbers of human rights-vetted Nigerian forces? What is the
targeted number of trained Nigerians? For this year--and the future--
how many trainers have committed to this task?
I believe the Leahy laws are necessary components of a prudent human
rights policy, and today's hearing is in large part intended to find
out whether there are legitimate obstacles to their implementation.
At the outset, I would like to make clear that I have long supported
human rights vetting to allow for training of those who pass muster.
One example of many: as chair of the then-Subcommittee on International
Operations and Human Rights, I chaired a hearing on Indonesia on May 7,
1998 featuring Pius Lustrilanang, who was tortured by members of the
Indonesian military amid deep concerns that those involved may have
been trained under our International Military Education and Training
Program or IMET program. In like manner, I and others were concerned
that U.S.-trained Indonesian troops may have been complicit in
slaughtering people in East Timor.
On a fact-finding mission to Jakarta, I sought--but never received--
the names of specific individuals, trained by the U.S. including
members of the elite Kopassus unit, who slaughtered dissidents as the
Suharto government fell.
Similar training concerns were expressed by me and others concerning
the Joint Combined Exchange Training or JCET program and the Rwandan
Patriotic Army during the period of time when the RPA was engaged in
the killing of refugees in Zaire, now the Democratic Republic of the
Congo.
Moreover, in 1999, Congress passed my legislation (part of P.L. 106-
113) that suspended all U.S. federal law enforcement support and
exchanges with the British police force in Northern Ireland, the Royal
Ulster Constabulary, until new human rights training programs were
implemented there and until programs were established to ``vet out''
any RUC officers who engaged in human rights abuses from benefiting
from American training and preparation.
The ``vetting'' legislation worked. Exchanges and training at FBI
facilities for RUC officers were suspended for more than two years
until President Bush certified that the British established a system to
vet and block anyone who committed or condoned human rights violations
from the program.
According to the current Quadrennial Defense Review, we are in a time
of increased danger from terrorist forces in foreign nations while
shrinking budgets force our military and security forces to become
smaller and leaner.
The QDR states that: ``The Department of Defense will rebalance our
counterterrorism efforts toward greater emphasis on building
partnership capacity, especially in fragile states.'' One manifestation
of that developing policy is the president's proposal to allocate $5
billion to a new Counterterrorism Partnership Fund (CTPF).
I have visited Nigeria twice in the past nine months alone and have
chaired several hearings on security in Nigeria in the past two
Congresses alone. Just last month, I met with U.S. and Nigerian
Government officials to find out why our security assistance has been
so difficult to provide when the need is so increasingly great. Is it
the process, or has the Administration not sought to seriously expand
training?
You will notice that the Department of State did not testify at the
hearing that I convened on human rights vetting earlier this month.
That is partly because Assistant Secretary of State for Democracy,
Human Rights and Labor Tom Malinowski was unavailable when we invited
him to testify. But it may also be partly due to the abundance of
caution surrounding the discussion of difficulties experienced in
implementing the Leahy laws.

[[Page 13956]]

When I was in Abuja last month, I asked our Embassy to provide me
with their recommendations for making the Leahy vetting more effective
so that we can provide the much-needed aid to the Nigerian government
and end the increasing slaughter and kidnapping of innocents, such as
the Chibok school girls. Despite initial assurances of cooperation, I
have yet to receive the information. I understand that not everything
that can be said publicly should be said. Nevertheless, these laws were
created in the light of day, and so should our efforts to implement
them be clear and transparent to all concerned.
We refer to Leahy laws because there are actually two: one for the
Department of State and one for the Department of Defense. Together,
they cover material assistance, including equipment and training. These
laws require investigation of allegations of human rights violations by
military and security forces, including police. These investigations,
performed mostly by the Department of State, require details on not
only individuals, but also military units. Failure to obtain such
information as name and date and place of birth can place an
investigation in limbo. National government officials may consider such
information an invasion of their sovereignty, but to avoid aiding and
abetting rogue elements, we must know if a perpetrator of abuse is a
man from Jos or a man with the same name from Kano, for example.
If individuals or elements of a larger force are guilty of human
rights violations, entire battalions or regiments can be tainted unless
the guilty are identified and separated out from those forces that are
innocent of such crimes. The Leahy laws allow for the re-creation of
``clean'' units. On the surface, it would seem that such a policy is
clear and possible to implement. Unfortunately, it seems not to be so
simple in practice.
Despite the fact that Sarah Sewall, Undersecretary of State for
Civilian Security, Democracy and Human Rights told the Foreign Affairs
Committee on May 21st that at least half the Nigerian military and
security forces are clear of allegations of human rights violations, we
continue to be told that Leahy vetting is at least slowing the
provision of security assistance. According to congressional testimony
by Principal Deputy Assistant Secretary of State for African Affairs
Robert Jackson, there are an estimated 187 Nigerian military units and
173 police units that have been cleared, but very few Nigerian units
have been trained or are in training today. Why?
Our Government provides approximately $15 billion in security
assistance worldwide each year, involving 158 countries. Yet there are
only 13 headquarters staff people handling Leahy vetting, in addition
to embassy personnel. Is this a sign that these laws are not being
taken seriously enough by our own government?
In the current fiscal year, the Department of State is receiving
$2.75 million to conduct Leahy vetting, which represents only two-one-
hundredths of a percent of all military aid. Is insufficient funding
for such vetting the major problem?
Of the 158 countries we provide with security assistance each year,
46 had some aid withheld in 2011. The typical percentage of global
Leahy vettings that don't meet requirements is at most 1-2 percent with
just under 10% suspended. In Fiscal Year 2012, according to
Congressional Research Service expert Lauren Ploch, ``the State
Department vetted 1,377 members of the Nigerian security forces--of
that figure, almost 85% were cleared to receive assistance, with 15%
rejected or suspended.''
In Colombia, the government rejected the requirements of the Leahy
laws before changing their minds and accepting the process. Now there
reportedly are more high-ranking Colombian military officers behind
bars than in any country other than Argentina, and Colombia is cited as
a Leahy law success. In Nigeria, there have been no disciplinary
actions against Nigerian military for scorched earth assaults on
populations, and few high-ranking Nigerian military officers have been
held accountable for human rights violations.
We are here today to examine the questions these facts raise, and our
witnesses have been asked to walk us through the process, to tell us
what works and what doesn't work and to suggest ways to make this
process more effective.
In more than three decades of promoting human rights adherence in
Congress, I have seen far too much brutality and indiscipline among
military and security forces that are charged with establishing the
peace and protecting their people. The Leahy laws are intended to
prevent our Government from supporting such behavior, but if these laws
are not implemented properly, they cannot achieve the goals for which
they were created. No law is perfect, and we must never stop trying to
perfect the laws we create--especially when they are meant to be both
practical and aspirational.

____________________

IN RECOGNITION OF THE YMCA OF GREATER HOUSTON AND CHILDHOOD SWIM SAFETY

_____

HON. GENE GREEN

of texas

in the house of representatives

Thursday, July 31, 2014

Mr. GENE GREEN of Texas. Mr. Speaker, I rise to remember the three
children who die every day in our country as a result of drowning and
to recognize organizations, like the YMCA, that are working to give
America's children the necessary skills to prevent these tragic
accidents from happening.
Drowning is the leading cause of death nationally for children aged
one to four and is the second leading cause of death for children aged
five to nine. For children between five and nine, the drowning rate for
African American and American Indian children is three times the rate
of white American children. At ages 11 and 12, the disparity between
black and white children grows even worse. Regardless of race or
ethnicity, lower income populations disproportionately bear the burden
of drowning.
For my hometown and state, the numbers are very sobering. In the
Houston metropolitan area, 22 children drowned last year. For the State
of Texas, 82 children were victims of drowning in 2013, and 66 percent
of all child-aged drowning victims in our state in 2012 were male.
The YMCA is one example of an organization that is changing
statistics for children across the country. The YMCA is bringing
swimming safety and drowning prevention programs to underserved
communities throughout the U.S., including communities in Houston and
Harris County. YMCAs partner with schools to bring kids to the Y for
lessons and offer swimming lessons year around. I learned to swim at
the M.D. Anderson YMCA in our congressional district.
I am proud that the YMCA of Greater Houston is one of 15 YMCAs across
the country piloting a program to improve childhood swimming and
drowning prevention. This commendable program is providing drowning
prevention and water safety skills to underserved communities who would
otherwise not have access to these lifesaving skills.
The YMCA of Greater Houston is one of 103 Y's providing additional
scholarships to children in their communities that may not otherwise
have access to swim lessons as part of a nationwide data collection
project on effectiveness of skill instruction in all communities.
I would like to congratulate the YMCA of Greater Houston on serving
the people of Houston and Harris County for over 100 years and on its
great efforts to save the lives of all our children, and I invite
Members of this chamber to join them in educating parents and providing
children the skills they need to swim safely and avoid harm.

____________________

REMEMBERING THE GENOCIDE IN DARFUR

_____

HON. JAMES P. McGOVERN

of massachusetts

in the house of representatives

Thursday, July 31, 2014

Mr. McGOVERN. Mr. Speaker, I rise today to remind my colleagues of
the ongoing genocide in Darfur, which began in 2003 and continues
unabated. During that time more than 300,000 Darfuris have been
murdered, and countless numbers of women and children as young as 6
years of age have been brutally raped. Millions have been left
homeless. The International Criminal Court has issued an arrest warrant
for Sudanese President Omar Bashir for crimes against humanity and, in
July 2010, issued a warrant for his arrest on charges of genocide.
The government of Sudan, however, has yet to turn him over, and since
the issuance of the warrants, the country has seen increased violence.
Furthermore, the government's forceful expulsion of humanitarian aid
agencies from the country has further jeopardized conditions for many
more thousands of displaced and marginalized civilians. Days, weeks,
months, years pass, and the people of Darfur are not closer to
security, a just peace, or adequate humanitarian relief. The
international community must do much more to help the people of Darfur.

[[Page 13957]]

____________________

RECOGNIZING JUAN ESPARZA LOERA

_____

HON. JIM COSTA

of california

in the house of representatives

Thursday, July 31, 2014

Mr. COSTA. Mr. Speaker, I rise today to recognize Mr. Juan Esparza
Loera as he receives the ``Service Above Self'' award presented by the
Fresno Latino Rotary. Juan's dedication and commitment to reporting
quality news to the community is something to be honored.
Juan was born in Chihuahua, Mexico, and immigrated with his parents
to the United States when he was only three and a half years old. He
moved to the San Joaquin Valley in 1969 and has lived there ever since.
Upon his graduation from Delano High School, Juan continued his
education at Bakersfield Junior College and then went on to California
State University, Fresno, where he earned a Bachelor of Arts degree in
Journalism.
Juan's career in journalism began in Bakersfield as the high school
sports editor for the Bakersfield Californian. His career would then
take him to Modesto, where he worked for the Modesto Bee. During his
time at the Modesto Bee, Juan held multiple positions ranging from
general assignment reporter to business editor. His hard work in
Bakersfield and Modesto created opportunities for him in Fresno. In May
1990, Juan was hired as the Editor and Publisher for Vida en el Valle.
Twenty-four years later, Juan still holds the position.
Over the years, Vida en el Valle has been recognized for national
awards. In 1998, Vida en el Valle was awarded the General Excellence
Award by the California Newspaper Publishers Association. It was the
first time a bilingual newspaper had ever won the award. Since then,
Vida en el Valle has earned more than 20 additional awards from the
California Newspaper Publishers Association. In 2003, Juan was
recognized by Hispanic Media 100 as one of the most influential Latino
journalists in the United States.
Mr. Speaker, it is with great respect that I ask my colleagues in the
House of Representatives to recognize Mr. Juan Esparza Loera. The
contributions he has made to our San Joaquin Valley deserve to be
commended.

____________________

EXCHANGE OF LETTERS RELATING TO H.R. 4263

_____

HON. MICHAEL T. McCAUL

of texas

in the house of representatives

Thursday, July 31, 2014

Mr. McCAUL. Mr. Speaker, I submit the following exchange of letters
between the Committee on Homeland Security and the Committee on
Transportation and Infrastructure relating to H.R. 4263, the Social
Media Working Group Act of 2014.

Committee on Transportation Infrastructure, House of
Representatives,
Washington, DC, July 7, 2014.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 4263, the Social
Media Working Group Act of 2014, as reported by the Committee
on Homeland Security on June 19, 2014. There are certain
provisions in the legislation that fall within the Rule X
jurisdiction of the Committee on Transportation and
Infrastructure.
In order to expedite this legislation for floor
consideration, the Committee will forgo action on this bill.
However, this is conditional on our mutual understanding that
forgoing consideration of the bill does not alter or diminish
the jurisdiction of the Committee with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation. I request you urge the Speaker to name
members of the Committee to any conference committee named to
consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House Floor.
Sincerely,
Bill Shuster,
Chairman.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, July 7, 2014.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: Thank you for your letter regarding
the Committee on Transportation and Infrastructure's
jurisdictional interest in H.R. 4263, the ``Social Media
Working Group Act of 2014.''
I agree that the Committee on Transportation and
Infrastructure has a valid jurisdictional interest in
emergency disaster response, and that the Committee's
jurisdiction will not be adversely affected by your decision
to forego consideration of H.R. 4263. As you have requested,
I will support your request for an appropriate appointment of
outside conferees from your Committee in the event of a
House-Senate conference on this or similar legislation,
should such a conference be convened.
Finally, I will include a copy of your letter and this
response in the Congressional Record during consideration of
this bill on the Floor. Thank you again for your cooperation.
Sincerely,
Michael T. McCaul,
Chairman.

____________________

16TH DISTRICT CONGRESSIONAL FIRE AND RESCUE AND EMS AWARDS

_____

HON. VERN BUCHANAN

of florida

in the house of representatives

Thursday, July 31, 2014

Mr. BUCHANAN. Mr. Speaker, I rise today to recognize fire and rescue
and EMS personnel who have provided distinguished service to the people
of Florida's 16th Congressional District.
As first responders, fire departments and emergency medical service
teams are summoned on short notice to serve their respective
communities. Oftentimes, they arrive at scenes of great adversity and
trauma, to which they reliably bring strength and composure. These
brave men and women spend hundreds of hours in training so that they
are prepared when they get ``the call.''
Two years ago, I established the 16th District Congressional Fire and
Rescue and EMS Awards to honor officers, departments, and units for
outstanding achievement.
On behalf of the people of Florida's 16th District, it is my
privilege to congratulate the following winners, who were selected this
year by an independent committee comprised of a cross section of
current and retired fire and rescue personnel living in the district.
Dr. Steven R. Newman, a Fellow of the American College of Emergency
Physicians and Medical Director for Sarasota County Emergency Medical
Services, was chosen to receive the Career Service Award.
Manatee County EMS Lt. Mark Jones, Charge Paramedic Angie Hadlock,
and Paramedic Renee Bergschneider; East Manatee Fire Rescue Battalion
Chief Stacy Bailey, Lt. Sean Battick, Lt. Chad Gamble, and Firefighters
Stephen Beecher, Steven Rickman, Doug Sprigg, and Andrew Stark; and
Bayflight 2 Flight Nurse Kelly Long, Paramedic Mike Bull, and Pilot Joe
Mattina were chosen to receive the Unit Citation award.
Firefighter/Paramedic Larry Gibbs of the Sarasota County Fire
Department was chosen to receive the Dedication and Professionalism
award.

____________________

IN HONOR OF THE LIFE OF HARIS SULEMAN

_____

HON. ANDRE CARSON

of indiana

in the house of representatives

Thursday, July 31, 2014

Mr. CARSON of Indiana. Mr. Speaker, I rise with a profound sense of
sadness, as I grieve with so many of my fellow Hoosiers over the loss
of a young man who cared deeply for his community. Today, we remember
Haris Suleman, a 17-year-old student who passed away last week in a
plane crash.
For the past month, Haris had been piloting a single-engine aircraft
around the world with the hope of setting a world record and raising
money to help build schools in his family's native country of Pakistan.
He was a determined young man, who took interest in being a pilot after
years of flying with his father, Babar. Sadly, his father, who
accompanied him on this trip, is still missing.
Haris was going to be a high school senior this fall and he dreamed
of becoming an engineer like his father. Although he was only with us
for a short time, Haris made a positive and lasting impact in his
community, and his passing is a great loss for so many. May his
determination to reach his goals and his commitment to help others
serve as an example for all of us to follow.
Today, I ask my colleagues to join me in extending our thoughts and
prayers to Haris Suleman's family.

[[Page 13958]]

____________________

REMEMBERING FORMER REP. CALDWELL BUTLER

_____

HON. FRANK R. WOLF

of virginia

in the house of representatives

Thursday, July 31, 2014

Mr. WOLF. Mr. Speaker, I rise today to remember and honor my former
colleague, Rep. Caldwell Butler of Roanoke, who passed away on July 29,
2014 at the age of 89.
I will always remember Caldwell as a true Virginia gentleman.
Representing Virginia's Sixth District from 1972 until 1983, I had the
pleasure of serving with him during my first term in Congress. I
appreciated Caldwell's golden character and the lasting impact he had
on this body. He was a good, decent and honorable man--qualities that
we should all aspire to emulate; qualities that are especially
important for those in public service.
Rep. Butler had a great sense of humor and sharp wit. As a member of
the House Judiciary Committee, he demonstrated these qualities each and
every day. He served his country and his district with distinction.
Prior to serving in Congress, Caldwell joined the Navy during World
War II and later attended the University of Richmond and the University
of Virginia School of Law. In 1962, he was elected to the Virginia
House of Delegates, where he served until his election to Congress.
Caldwell and his wife, June, were always a team. Sadly, June passed
away just last month. Together, they raised four sons--Manley, Henry,
James and Marshall--and have seven grandchildren and two step-
grandchildren.
I submit the following article from The Roanoke Times on Caldwell's
life and accomplishments. I respectfully ask that my colleagues join me
in extending our deepest condolences to his family and in honoring his
great service to our country.

[From the Roanoke Times, July 29, 2014]

Caldwell Butler, Former Roanoke Congressman Who Cast Key Vote During
Watergate, Dies

Caldwell Butler, a former congressman from Roanoke who was
thrust into the national spotlight when he became one of the
few Republicans to favor Richard Nixon's impeachment during
the Watergate scandal, has died. He was 89.
Richard Cullen, a close family friend and former Virginia
attorney general, confirmed Butler's death this morning.
Cullen said he expects funeral services to be held Friday at
St. John's Church in Roanoke. Butler's wife, June, died last
month.
Rep. Bob Goodlatte, R-Roanoke County, who holds the 6th
District seat today, remembered Butler in comments before the
Judiciary Committee today. Longtime Rep. John Conyers, D-
Mich., also recalled serving with Butler. Watch the comments
here.
Butler was first elected to Congress representing
Virginia's 6th District in 1972, running as a member of ``the
Nixon team'' in a district where Nixon amassed 72 percent of
the vote. But less than two years later, in a dramatic
reversal, Butler voted for Nixon's impeachment.
As a freshman member of the House Judiciary Committee,
Butler was thrown by circumstance into the Watergate scandal,
which grew out of Nixon's cover-up of a break-in at the
Democratic headquarters in 1972. Through the spring and
summer of 1974, as the committee investigated the actions of
the president and his advisers, Butler's role became more
important.
Butler had supported Nixon's legislative efforts. And some
said he owed his own congressional career to the GOP
landslide sparked by Nixon.
Butler was viewed as one of the half-dozen crucial swing
votes on the Judiciary Committee, though. During most of the
committee hearings, he had not joined the president's
attackers. But neither had he joined the defenders.
Butler and the other pivotal committee members were
considered bellwethers of support for impeachment. When
Butler announced, in July 1974, that he backed two
impeachment charges, the president's defense withered.

____________________

THE GLOBAL CHALLENGE OF AUTISM

______

HON. CHRISTOPHER H. SMITH

of new jersey

in the house of representatives

Thursday, July 31, 2014

Mr. SMITH of New Jersey. Mr. Speaker, the global incidence of autism
is steadily increasing. About 1 in 68 children has been identified with
autism spectrum disorder, or ASD, according to estimates from the
Center for Disease Control's Autism and Developmental Disabilities
Monitoring Network. ASD is reported to occur in all racial, ethnic, and
socioeconomic groups, but is almost 5 times more common among boys (1
in 42) than among girls (1 in 189).
Studies in Asia, Europe, and North America have identified
individuals with ASD with an average of about 1% of the population. The
prevalence of autism in Africa is unknown, but there is no reason to
believe that it is any different than other parts of the world. A new
study recently found that each case of autism costs $2.4 million over a
lifetime, including the expense of special education and lost
productivity for their parents. Meanwhile, 85 percent of autistic
adults are jobless or underemployed.
It is, therefore imperative that people with ASD are empowered to be
self-sufficient so that they can not only earn money to meet their own
needs, but also so they can utilize the talents they possess to
contribute to society at large. A hearing that I held last week
examined some innovative strategies to achieve this goal.
SAP, a global software company, is working to rectify this problem.
SAP partnered with Thorkil Sonne, CEO and Founder of Specialisterne, to
develop its highly successful ``Autism at Work'' program. Mr. Sonne,
whose 17-year-old son Lars is autistic, realized that, while those with
autism might lack the social skills recruiters are looking for, they
possess many attributes high on their radar as well: intelligence and
memory, the ability to see patterns and attention to detail on
repetitive tasks. He reasoned that it would be phenomenal if we could
use skills like we see among people with autism in software testing,
data analysis, and quality control. He said that there is no reason why
we should leave these people unemployed when they have so much talent
and there are so many vacant jobs in the high-tech sector. SAP and Mr.
Sonne provided further details of their extraordinary program at last
week's hearing.
In her testimony, Theresa Hussman of Autism Society of America said,
``In school, at work and in the community, people with autism are often
faced with segregation, low expectations, impoverished conditions and
denial of opportunity that a society committed to civil rights should
find unacceptable. Today, if you are an adult living with autism, you
will likely be unemployed or vastly under-employed, living well below
the poverty level, and denied access to affordable housing and so much
more.''
Pulitzer Prize-winning journalist, Ron Suskind testified in part
about success with an ``affinity'' approach, and he says, ``for every
visible deficit, there is an equal and opposing strength. This
population is just like the rest of us, only less so and more so. The
question increasingly is not `if' these `more so' qualities exist, but
`where'?''
Autism used to be described as a disorder characterized by delays or
abnormal functioning before the age of three years in social
interaction, communication or restricted, repetitive and stereotyped
patterns of behavior, interests and activities. More recently,
behavioral scientists describe a range of such behavior now referred to
as autism spectrum disorder, which includes a more high-functioning
version known as Asperger syndrome.
It is medically possible to diagnose someone with ASD as early as 18
months or even younger, and a reliable diagnosis can be made by the age
of two. However, symptoms might not present themselves until later in
life. Those with some form of autism may never be diagnosed at all.
This has led to a debate over famous, productive people, often
considered geniuses, who appear to have symptoms of autism, especially
Asperger syndrome. In the April 30, 2003 issue of New Scientist
magazine, writer Hazel Muir revealed the debate over whether geniuses
Albert Einstein and Isaac Newton had Asperger syndrome.
Simon Baron Cohen, an autism expert based at Cambridge University,
and Oxford University mathematician Ioan James speculated that Newton,
the noted English physicist and mathematician, exhibited Asperger
traits such as hardly speaking, forgetting to eat and giving scheduled
lectures even to an empty room. Einstein, the German physicist, was
said to have obsessively repeated sentences until he was seven years
old and was a notoriously confusing lecturer. Both were highly
productive scientists, perhaps because of the kind of focus ASD
produces rather than in spite of it.
In a February 2, 2005, report on CNBC, anchor Sue Herara presented an
interview with 2002 Nobel laureate Vernon L. Smith in which he spoke of
the way in which his autism has allowed him to excel. ``I can switch
out and go into a concentrated mode and the world is completely shut
out,'' Smith is quoted as saying. ``If I'm writing something, nothing
else exists.''

[[Page 13959]]

During the interview, Smith, who won the Nobel Prize for inventing
the field of experimental economics, admitted that he is sometimes
``not there'' in social situations. He said that teaching had forced
him to be more social, but it was only because he was talking about
issues on which he was already focused.
I raise the issue of intelligence and functionality because we too
often see people with ASD as victims who must be cared for when the
focus their condition produces may allow them to be highly successful
in certain endeavors. When we begin to look at people with ASD in this
light, we can better see how they can be enabled to contribute to
society. It just requires understanding of their potential as well as
their limitations.
Many fields involving mathematics and science would allow for the
intense focus exhibited by many people with ASD to be quite useful.
Think also of fields of analysis--intelligence, actuary science, and
other positions requiring what we commonly call ``numbers crunching.''
The ability to analyze data and see patterns most people would not
recognize would be invaluable in analytical jobs.
As Nobel laureate Vernon Smith said, his disconnection from social
relationships enables him to think outside the box, as it were, without
concern for violating social norms. Smith found his condition to be an
advantage in enabling greater creativity. In our increasingly technical
world, people with ASD actually are becoming more valuable, if we can
help them overcome social disconnection and allow them to find fields
in which what we have thought to be their disability is actually their
advantage.
We hope today's hearing can be instructive in at least initiating a
change in perspective on what people with ASD can do to help themselves
and to make a contribution to society as a whole. We must not continue
to waste the talents of people who could make their lives and ours much
better.
Finally, I'd like to thank the amazing group of individuals who
testified last week who made a historic difference in the lives of
those on spectrum.
As Michael Rosanoff put it in his testimony ``our mission at Autism
Speaks is to change the future for all who struggle with autism
spectrum disorders.'' Each of you on the expert witness panel did just
that.