[Pages S521-S527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. REID:
S. 234. A bill to amend title 10, United States Code, to permit
certain retired members of the uniformed services who have a service-
connected disability to receive both disability compensation from the
Department of Veterans Affairs for their disability and either retired
pay by reason of their years of military service or Combat-Related
Special Compensation, and for other purposes; to the Committee on Armed
Services.
Mr. REID. Mr. President, I rise today on behalf of our Nation's
disabled veterans to once again discuss an end to an unjust and
outdated policy known as ``concurrent receipt.'' For the past 122
years, this practice has prevented veterans from receiving the full
benefits earned through years of service and personal injury in defense
of our Nation. The law requires that a retired disabled veteran reduce
their retirement pay dollar-for-dollar by the amount of any disability
compensation received, in many cases wiping out retirement pay
altogether. This is simply wrong.
I have worked over the past decade to fight to change this outdated
policy and commend the progress Congress has made on behalf of our
Nation's veterans. In 2002, I was pleased that Congress passed a
measure known as combat-related special compensation, or CSRC, allowing
for disabled retired veterans to receive payments that are the
financial equivalent of concurrent receipt. In 2003 I was pleased that
Congress enacted a 10-year phase-in of concurrent receipt for military
retirees whose disability is 50 percent or greater, and in 2004,
Congress eliminated the 10-year waiting period for those veterans with
100 percent service-related disability. Moreover, in 2008, concurrent
receipt eligibility was expanded to include those who are 100 percent
disabled due to un-employability and extended equivalent financial
payments to those who are medically retired or have retired prematurely
due to force reduction programs. Most recently, in 2012, I was pleased
to offer an amendment to the fiscal year 2013 National Defense
Authorization Act ensuring that our combat-disabled military retirees
receive proper combat-related disability and retirement benefits by
eliminating the ``glitch'' in the CRSC formula that can actually cause
a reduction in their compensation amount when the VA increases their
disability rating. While I am proud that the 10-year phase-in period
for veterans who are rated 50-90 percent will finally come to fruition
this year, I still believe that Congress has fallen short of meeting
the commitment of providing full concurrent receipt to all of our
Nation's heroes. This is unacceptable and that is why we have to take
care of the hundreds of thousands of disabled veterans who still need
our help.
For me, this is a simple matter of fairness. No other Federal retiree
is forced to forfeit their retirement--only our disabled military
retirees. Veterans' disability compensation is recompense for pain,
suffering, and lost future earning power caused by a service-connected
illness or injury. Few retirees can afford to live on their retired pay
alone, and a severe disability only makes the problem worse by limiting
or denying any post-service working life. There is no reason to deny
veterans who have served their country honorably the right to the full
value of their retirement pay simply because their service also led to
disability.
Today I reintroduce the Retired Pay Restoration Act of 2013 in order
to eliminate all restrictions to concurrent receipt. I hope my Senate
colleagues will join me in supporting this bill. We must take action
now and support the veterans who have given so much to our grateful
Nation. This is the right thing to do.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 234

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

SECTION 1. SHORT TITLE.

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

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

(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code,

[[Page S522]]

is amended by striking paragraph (2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent
or less or has a service-connected disability rated as zero
percent, $0.''.
(b) Clerical Amendments.--
(1) The heading of section 1414 of such title is amended to
read as follows:

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

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

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

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

(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of
title 10, United States Code, as amended by section 2(a), is
amended--
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b)
of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2014, and shall apply to
payments for months beginning on or after that date.
______

By Mr. CARDIN (for himself, Mr. Schumer, Ms. Mikulski, and Mrs.
Gillibrand):
S. 247. A bill to establish the Harriet Tubman National Historical
Park in Auburn, New York, and the Harriet Tubman Underground Railroad
National Historical Park in Caroline, Dorchester, and Talbot Counties,
Maryland, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. CARDIN. Mr. President, as we start Black History Month, I rise
today to discuss a national hero that I have spoken about many times on
the Senate floor. 2013 is a particularly remarkable year for Harriet
Ross Tubman in that March 13, 2013 will mark the 100th anniversary of
her death. This noteworthy anniversary makes it all the more
appropriate for me to talk about Maryland's Harriet Ross Tubman and her
dedication to justice, equality and service to this country. It is also
why it is important for Congress to take action this year on The
Harriet Tubman National Historical Park and The Harriet Tubman
Underground Railroad National Historical Park Act that I am
reintroducing today.
In my career, I have spoken on the Senate Floor, at events in
Maryland, in meetings with constituents and with my colleagues about
Harriet Tubman's legacy. While I hope each opportunity I have taken to
discuss the life of this remarkable woman helps raise awareness about
her importance to the history of our great Nation, my ultimate goal is
to properly commemorate her life and her work by establishing the
Harriet Tubman Underground Railroad National Historical Park on the
Eastern Shore of Maryland and, in working with my colleagues from New
York, also establish the Harriet Tubman National Historical Park in
Auburn, NY.
For the last 5 years I have championed the legislation I am
reintroducing today. I appreciate the active support and work my
cosponsors of this bill, Senators Mikulski, Schumer and Gillibrand have
put into advancing this bill through the Senate. We all share a deep
appreciation for how important establishing these parks is to
preserving the legacy of this remarkable historical figure in American
History but also to how important these parks will be to the
communities where they will be located.
I also greatly appreciate the support this legislation has received
in the Senate Energy and Natural Resource Committee. In the last
Congress, the bill was reported out of committee with bi-partisan
support including the support of Chairman Bingaman and Ranking Member
Murkowski. I look forward to working with the Committee's new Chairman,
the Senior Senator from Oregon in reporting this bill quickly for the
full Senate's consideration.
The establishment of the Harriet Tubman Historical Parks has been
years in the making and is long overdue. The mission of the National
Park Service has evolved over time from not only preserving natural
wonders across the U.S. for recreational purposes but also
commemorating unique places of significance to historical events and
extraordinary Americans that have shaped our nation.
The woman, who is known to us as Harriet Tubman, was born in
approximately 1822 in Dorchester County, MD and given the name
Araminta, Minty, Ross. She spent nearly 30 years of her life in slavery
on Maryland's Eastern Shore. She worked on a number of different
plantations on Maryland's Eastern Shore and as a teenager was trained
to be a seamstress. As an adult she took the first name Harriet, and
when she was 25 years-old married John Tubman.
In her late twenties, Harriet Tubman escaped from slavery in 1849.
She fled in the dead of night, navigating the maze of tidal streams and
wetlands that, to this day, comprise the Eastern Shore's landscape. She
did so alone, demonstrating courage, strength and fortitude that became
her hallmarks. Not satisfied with attaining her own freedom, she
returned repeatedly for more than 10 years to the places of her
enslavement in Dorchester and Caroline counties where, under the most
adverse conditions, she led away many family members and other slaves
to freedom in the Northeastern United States. She helped develop a
complex network of safe houses and recruited abolitionist sympathizers
residing along secret routes connecting the Southern slave states and
Northern Free States. No one knows exactly how many people she led to
freedom or the number of trips between the North and South she led, but
the legend of her work was an inspiration to the multitude of slaves
seeking freedom and to abolitionists fighting to end slavery. Tubman
became known as ``the Moses of her people'' by African-Americans and
white abolitionists alike. Tubman once proudly told Frederick Douglass
that in all of her journeys she ``never lost a single passenger.'' She
was so effective that in 1856 there was a $40,000 reward offered for
her capture in the South. She is the most famous and most important
conductor of the network of resistance known as the Underground
Railroad.
During the Civil War, Tubman served the Union forces as a spy, a
scout and a nurse. She served in Virginia, Florida and South Carolina.
She is credited with leading slaves from those slave states to freedom
during those years as well.
Following the Civil War, and the emancipation of all black slaves,
Tubman settled in Auburn, NY. There she was active in the women's
suffrage movement, and she also established one of the first
incorporated African-American homes for aged to care for the elderly.
In 1903 she bequeathed the Tubman Home to the African Methodist
Episcopal Zion Church in Auburn where it stands to this day. Harriet
Tubman died in Auburn in 1913 and she is buried in the Fort Hill
Cemetery. Fortunately many of the structures and landmarks in New York
remain intact and in relatively good condition.
Only recently has the Park Service begun establishing units dedicated
to the lives of African-Americans. Places like Booker T. Washington
National

[[Page S523]]

Monument on the campus the Tuskegee University in Alabama, the George
Washington Carver National Monument in Missouri, The Buffalo Soldiers
at Guadalupe Mountains National Park, the National Historical Trail
commemorating the March for Voting Rights from Selma to Montgomery
Alabama, and most recently the Martin Luther King Jr. memorial on the
National Mall are all important monuments and places of historical
significance that help tell the story of the African-American
experience.
As the National Park Service continues its important work to
recognize and preserve African-American history by providing greater
public access and information about the places and people that have
shaped the African-American experience, there are very few units
dedicated to the lives of African-American women, and there are no
National Historical Parks commemorating African-American women.
I cannot think of a more fitting hero than Harriet Tubman to be the
first African-American woman to be memorialized with National
Historical Parks that tell both her personal story and her lifelong
fight for justice and freedom starting with her fight against the cruel
institution of slavery and work of the Underground Railroad she led to
her work in the women's suffrage movement.
I hope that my colleagues will support my effort to honor Harriet
Tubman and support passage of my bill to authorize the creation of the
Tubman National Historical Parks in New York and Maryland. These parks
will hopefully pave the way for the Park Service to develop more
National Historical Park commemorating the lives of many other
important African-American women in our history.
The vision for the Tubman National Historical Parks is to preserve
the places significant to the life of Harriet Tubman and tell her story
through interpretative activities and continue to discover aspects of
her life and the experience of passage along the Underground Railroad
through archaeological research and discovery.
The buildings and structures in Maryland have mostly disappeared.
Slaves were forced to live in primitive buildings even though many
slaves were skilled tradesmen who constructed the substantial homes of
their owners. Not surprisingly, few of the structures associated with
the early years of Tubman's life remain standing today. The landscape
of the Eastern Shore of Maryland, however, is still evocative of the
time that Tubman lived there. Farm fields and loblolly pine forests dot
the lowland landscape, which is also notable for its extensive network
of tidal rivers and wetlands that Tubman, and the people she guided to
freedom, under the cover of night. In particular, a number of
properties including the homestead of Ben Ross, her father, Stewart's
Canal, where he worked, the Brodess Farm, where she worked as a slave,
and others are within the master plan boundaries of the Blackwater
National Wildlife Refuge.
Similarly, Poplar Neck, the plantation from which she escaped to
freedom, is still largely intact in Caroline County. The properties in
Talbot County, immediately across the Choptank River from the
plantation, are currently protected by various conservation easements.
Were she alive today, Tubman would recognize much of the landscape that
she knew intimately as she secretly led black men, women and children
to freedom.
There has never been any doubt that Tubman led an extraordinary life.
Her contributions to American history are surpassed by few. Determining
the most appropriate way to recognize that life and her contributions,
however, has been exceedingly difficult. The National Park Service
determined that designating a Historical Park that would include two
geographically separate units would be an appropriate tribute to the
life of this extraordinary American. The New York unit would include
the tightly clustered Tubman buildings in the town of Auburn. The
Maryland portion would include large sections of landscapes that are
evocative of Tubman's time and are historically relevant.
Harriet Tubman was a true American patriot. She was someone for whom
liberty and freedom were not just concepts but values she fought
tirelessly for. She lived those principles and so selflessly helped
hundreds of other people attain freedom. In doing so, she has earned a
nation's respect and honor.
Harriet Tubman is one of many great Americans that we honor and
celebrate every February during Black History Month. In schools across
the country, American History curriculums teach our children about
Tubman's courage, conviction, her fight for freedom and her
contributions to the greatness of our Nation during a contentious time
in U.S. history. Now it is time to add to Tubman's legacy by preserving
and commemorating the places evocative of Harriet Tubman's
extraordinary life.
Every year, millions of school children, as well as millions of
adults, visit our National Historical Parks gain experiences and
knowledge about our Nation's history that simply cannot be found in
history books or on the Internet. Our Nation's strength and character
comes from the actions of the Americans who came before us and the
significant events that shaped our Nation. The National Park Service is
engaged in the important work of preserving the places where American
history was made and providing a tangible experience for current and
future generations to experience and understand. It is one thing to
learn about Harriet Tubman from a book, and it is yet a completely
different and fulfilling experience to explore, see, listen to and feel
the places where she worked as a slave, where she escaped from and
where she lived out her life as a free American.
The National Park Service is uniquely suited to honor and preserve
these places of historical significance and I urge my colleagues to
join me in preserving and growing the legacy of Harriet Tubman by
establishing the Harriet Tubman National Historical Parks in her honor.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 247

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

SECTION 1. SHORT TITLE.

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

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

(a) Definitions.--In this section:
(1) Historical park.--The term ``historical park'' means
the Harriet Tubman Underground Railroad National Historical
Park established by subsection (b)(1)(A).
(2) Map.--The term ``map'' means the map entitled
``Authorized Acquisition Area for the Proposed Harriet Tubman
Underground Railroad National Historical Park'', numbered
T20/80,001, and dated July 2010.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Maryland.
(b) Harriet Tubman Underground Railroad National Historical
Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there is
established the Harriet Tubman Underground Railroad National
Historical Park in Caroline, Dorchester, and Talbot Counties,
Maryland, as a unit of the National Park System.
(B) Determination by secretary.--The historical park shall
not be established until the date on which the Secretary
determines that a sufficient quantity of land, or interests
in land, has been acquired to constitute a manageable park
unit.
(C) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under subparagraph (B),
the Secretary shall publish in the Federal Register notice of
the establishment of the historical park, including an
official boundary map for the historical park.
(D) Availability of map.--The official boundary map
published under subparagraph (C) shall be on file and
available for public inspection in appropriate offices of the
National Park Service.
(2) Purpose.--The purpose of the historical park is to
preserve and interpret for the benefit of present and future
generations the historical, cultural, and natural resources
associated with the life of Harriet Tubman and the
Underground Railroad.
(3) Land acquisition.--
(A) In general.--The Secretary may acquire land and
interests in land within the areas depicted on the map as
``Authorized Acquisition Areas'' by purchase from willing
sellers, donation, or exchange.
(B) Boundary adjustment.--On acquisition of land or an
interest in land under subparagraph (A), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Administration.--
(1) In general.--The Secretary shall administer the
historical park in accordance

[[Page S524]]

with this section and the laws generally applicable to units
of the National Park System, including--
(A) the National Park System Organic Act (16 U.S.C. 1 et
seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) Interagency agreement.--Not later than 1 year after the
date on which the historical park is established, the
Director of the National Park Service and the Director of the
United States Fish and Wildlife Service shall enter into an
agreement to allow the National Park Service to provide for
public interpretation of historic resources located within
the boundary of the Blackwater National Wildlife Refuge that
are associated with the life of Harriet Tubman, consistent
with the management requirements of the Refuge.
(3) Interpretive tours.--The Secretary may provide
interpretive tours to sites and resources located outside the
boundary of the historical park in Caroline, Dorchester, and
Talbot Counties, Maryland, relating to the life of Harriet
Tubman and the Underground Railroad.
(4) Cooperative agreements.--
(A) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the
State, colleges and universities, non-profit organizations,
and individuals--
(i) to mark, interpret, and restore nationally significant
historic or cultural resources relating to the life of
Harriet Tubman or the Underground Railroad within the
boundaries of the historical park, if the agreement provides
for reasonable public access; or
(ii) to conduct research relating to the life of Harriet
Tubman and the Underground Railroad.
(B) Visitor center.--The Secretary may enter into a
cooperative agreement with the State to design, construct,
operate, and maintain a joint visitor center on land owned by
the State--
(i) to provide for National Park Service visitor and
interpretive facilities for the historical park; and
(ii) to provide to the Secretary, at no additional cost,
sufficient office space to administer the historical park.
(C) Cost-sharing requirement.--
(i) Federal share.--The Federal share of the total cost of
any activity carried out under this paragraph shall not
exceed 50 percent.
(ii) Form of non-federal share.--The non-Federal share of
the cost of carrying out an activity under this paragraph may
be in the form of in-kind contributions or goods or services
fairly valued.
(d) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall prepare a general management plan for the
historical park in accordance with section 12(b) of the
National Park Service General Authorities Act (16 U.S.C. 1a-
7(b)).
(2) Consultation.--The general management plan shall be
prepared in consultation with the State (including political
subdivisions of the State).
(3) Coordination.--The Secretary shall coordinate the
preparation and implementation of the management plan with--
(A) the Blackwater National Wildlife Refuge;
(B) the Harriet Tubman National Historical Park established
by section 3(b)(1)(A); and
(C) the National Underground Railroad Network to Freedom.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

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

(a) Definitions.--In this section:
(1) Historical park.--The term ``historical park'' means
the Harriet Tubman National Historical Park established by
subsection (b)(1)(A).
(2) Home.--The term ``Home'' means The Harriet Tubman Home,
Inc., located in Auburn, New York.
(3) Map.--The term ``map'' means the map entitled ``Harriet
Tubman National Historical Park'', numbered T18/80,000, and
dated March 2009.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New York.
(b) Harriet Tubman National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there is
established the Harriet Tubman National Historical Park in
Auburn, New York, as a unit of the National Park System.
(B) Determination by secretary.--The historical park shall
not be established until the date on which the Secretary
determines that a sufficient quantity of land, or interests
in land, has been acquired to constitute a manageable park
unit.
(C) Notice.--Not later than 30 days after the date on which
the Secretary makes a determination under subparagraph (B),
the Secretary shall publish in the Federal Register notice of
the establishment of the historical park.
(D) Map.--The map shall be on file and available for public
inspection in appropriate offices of the National Park
Service.
(2) Boundary.--The historical park shall include the
Harriet Tubman Home, the Tubman Home for the Aged, the
Thompson Memorial AME Zion Church and Rectory, and associated
land, as identified in the area entitled ``National
Historical Park Proposed Boundary'' on the map.
(3) Purpose.--The purpose of the historical park is to
preserve and interpret for the benefit of present and future
generations the historical, cultural, and natural resources
associated with the life of Harriet Tubman.
(4) Land acquisition.--The Secretary may acquire land and
interests in land within the areas depicted on the map by
purchase from a willing seller, donation, or exchange.
(c) Administration.--
(1) In general.--The Secretary shall administer the
historical park in accordance with this section and the laws
generally applicable to units of the National Park System,
including--
(A) the National Park System Organic Act (16 U.S.C. 1 et
seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) Interpretive tours.--The Secretary may provide
interpretive tours to sites and resources located outside the
boundary of the historical park in Auburn, New York, relating
to the life of Harriet Tubman.
(3) Cooperative agreements.--
(A) In general.--The Secretary may enter into a cooperative
agreement with the owner of any land within the historical
park to mark, interpret, or restore nationally significant
historic or cultural resources relating to the life of
Harriet Tubman, if the agreement provides that--
(i) the Secretary shall have the right of access to any
public portions of the land covered by the agreement to allow
for--

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

(ii) no changes or alterations shall be made to the land
except by mutual agreement of the Secretary and the owner of
the land.
(B) Research.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the
State, institutions of higher education, the Home and other
nonprofit organizations, and individuals to conduct research
relating to the life of Harriet Tubman.
(C) Cost-sharing requirement.--
(i) Federal share.--The Federal share of the total cost of
any activity carried out under this paragraph shall not
exceed 50 percent.
(ii) Form of non-federal share.--The non-Federal share may
be in the form of in-kind contributions or goods or services
fairly valued.
(D) Attorney general.--
(i) In general.--The Secretary shall submit to the Attorney
General for review any cooperative agreement under this
paragraph involving religious property or property owned by a
religious institution.
(ii) Finding.--No cooperative agreement subject to review
under this subparagraph shall take effect until the date on
which the Attorney General issues a finding that the proposed
agreement does not violate the Establishment Clause of the
first amendment to the Constitution.
(d) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall prepare a general management plan for the
historical park in accordance with section 12(b) of the
National Park Service General Authorities Act (16 U.S.C. 1a-
7(b)).
(2) Coordination.--The Secretary shall coordinate the
preparation and implementation of the management plan with--
(A) the Harriet Tubman Underground Railroad National
Historical Park established by section 2(b)(1); and
(B) the National Underground Railroad Network to Freedom.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this Act, except that not more than $7,500,000 shall be
available to provide financial assistance under subsection
(c)(3).
______

By Mr. WYDEN (for himself and Ms. Murkowski) (by request):
S. 256. A bill to amend Public Law 93-435 with respect to the
Northern Mariana Islands, providing parity with Guam, the Virgin
Islands, and American Samoa; to the Committee on Energy and Natural
Resources.
Mr. WYDEN. Mr. President, today I am pleased to introduce, with my
colleague Lisa Murkowski, the Ranking Member on the Committee on Energy
and Natural Resources, and at the request of the Delegate from the
Commonwealth of the Northern Mariana Island, CNMI, Gregorio ``Kilili''
Sablan, legislation to amend Public Law 93-435, the Territorial
Submerged Lands Act. This legislation would convey to the CNMI the same
rights to offshore waters and submerged lands that were conveyed to the
territories of Guam, the U.S. Virgin Islands, and American Samoa nearly
40 years ago.
This bill is non-controversial. In 2005, it was first introduced by
then-Chairman of the Committee on Energy and Natural Resources, Pete
Domenici. A companion measure was introduced in

[[Page S525]]

the House of Representatives by then-Congressman Jeff Flake. In the
111th Congress, this bill passed the House as H.R. 934 on a 416-0 vote,
and it was reported by the Senate Committee. In the 112th Congress, it
again passed the House unanimously, on a 297-0 vote, and a hearing was
held in the Senate on its companion measure, S. 590. I sincerely hope
that this will be the year this bill is signed into law and the people
of the CNMI will begin to enjoy the economic benefits that will result
from gaining ownership of the waters and submerged lands adjacent to
their shores, just as those benefits are enjoyed by every other State
and territory of the Nation.
The CNMI faces huge economic challenges that began with the phase-out
of World Trade Organization garment quotas in 2005 and resulted in the
departure of garment manufacturing. Gaining ownership of the waters and
submerged lands adjacent to the 14 islands of the CNMI would help to
stimulate the CNMI's struggling economy by allowing the use and
management of these areas for near-shore infrastructure development,
the extraction of minerals, energy development, aquaculture and other
activities. Currently, under Federal ownership, there are no such
activities in these areas because the Federal Government has no history
of such near-shore jurisdiction and there is no Federal agency with
responsibility for their management.
Congress granted the States ownership of the waters and submerged
lands out to three miles under the Submerged Lands Act of 1953. In
1974, Congress granted ownership of these areas to the territories.
However, the Covenant which established the political union between the
U.S. and the CNMI in 1976 was ambiguous on this matter of seaward
ownership. Eventually, in 2005, the Ninth Circuit Court of Appeals
ruled that the submerged lands and waters off the CNMI's coasts fell
under Federal ownership. Importantly, the Court also recognized that
Congress had the power to convey these waters and lands to the CNMI.
That is what this legislation would do.
The CNMI is the only territory or State that does not have ownership
of its adjacent waters and lands out to at least 39les. I urge my
colleagues to support prompt passage of this bill to correct this
disparity and to assist the CNMI in meeting its economic challenges.
I'm not aware of any policy objections to this bill's enactment.
I refer those interested in additional information to Senate Report
111-197. Included in that report is a CBO estimate stating that
enactment of H.R. 934, the bill on which the legislation being
introduced today is based, would not affect direct spending or
revenues.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 256

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

SECTION 1. AMENDMENT.

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

Congress of the United States,

House of Representatives,

Washington, DC, January 8, 2013.
Hon. Ron Wyden,
Chairman, Committee on Energy and Natural Resources, 304
Dirksen Senate Building, U.S. Senate, Washington, DC.
Dear Chairman Wyden: One of the legislative issues for this
Congress that we discussed at our recent meeting was the
conveyance of submerged lands to the Commonwealth of the
Northern Mariana Islands. I would like to follow up on our
discussion by asking you to consider sponsoring the necessary
legislation.
The Energy and Natural Resources Committee did report out a
conveyance bill in the last Congress, H.R. 670 as amended,
but time expired before the Senate could act on the measure.
With this groundwork in place it would seem that this
particular issue could be moved quickly as the 113th Congress
gets to work.
I am enclosing a draft bill, which reflects the Energy and
Natural Resources Committee amendments. I have reached out to
Senator Murkowski, as well, asking her to co-sponsor the
legislation, as she did with Chairman Bingaman two years ago;
and I am hopeful that this bipartisanship can prevail again.
In the House I will also be introducing the language
recommended by the Energy and Natural Resources Committee,
though the Senate may well be able to act first.
Thank you for your consideration of this request. Thank
you, too, for having taken the time to meet with me to
discuss issues of importance to the Northern Mariana Islands
that may come before your Committee in the 113th Congress. I
look forward to working with you.
Sincerely,
Gregorio Kilili Camacho Sablan,
Member of Congress.
______

By Mr. UDALL of New Mexico:
S. 259. A bill to assure equity in contracting between the Federal
Government and small business concerns, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Mr. UDALL of New Mexico. Mr. President, I have reintroduced the
Assuring Contracting Equity, or ACE Act, with a correction to a
drafting error in order to ensure increases in contracting goals for
service-disabled veteran owned small businesses and qualified HUBZone
small businesses. I look forward to working with my colleagues to
address the issues facing entrepreneurs who do business with the
Federal Government and hope that we can ensure that more Federal
dollars are getting out to main street.
______

By Mrs. FEINSTEIN (for herself, Mr. Schumer, Mr. Whitehouse, Mrs.
Boxer, Mr. Menendez, and Mr. Lautenberg):
S. 261. A bill to establish and clarify that Congress does not
authorize persons convicted of dangerous crimes in foreign courts to
freely possess firearms in the United States; to the Committee on the
Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the No
Firearms for Foreign Felons Act of 2013. This bill would close a
loophole in current law, by ensuring that people convicted of foreign
felonies and crimes involving domestic violence cannot possess
firearms. We must close this gap in our laws before it is exploited by
terrorists, drug gangs, and other dangerous criminals who threaten our
communities.
Under current Federal law, people who are convicted in the United
Sates of violent felonies like rape, murder, and terrorism are
prohibited from possessing firearms. But, shockingly, Federal law does
not bar criminals convicted of these same violent crimes in foreign
courts from possessing guns. This outrageous loophole for foreign
convicts is the result of a 2005 U.S. Supreme Court decision in the
case of Small v. United States.
In that case, the Court analyzed the 1968 Gun Control Act, which
states that anyone who has been convicted of a felony ``in any court''
cannot possess firearms. The Court concluded that the phrase only
applied to American courts, despite the fact that the Gun Control Act
had been applied to foreign felonies since 1968, the year it took
effect.
At the time, the Supreme Court was very much aware that its ruling
could have serious consequences. As Justice Clarence Thomas noted in
his dissent, ``the majority's interpretation permits those convicted
overseas of murder, rape, assault, kidnapping, terrorism, and other
dangerous crimes to possess firearms freely in the United States.'' But
whatever one may think of the Court's ruling, it is now the law of the
land.
We must make every effort to close this dangerous loophole and the
bill I am introducing today would do just that.
Under this bill, section 921 of Title 18 would be amended to state
that ``[the term `any court' includes any Federal, State, or foreign
court.'' Similar changes would be made in other sections of the Gun
Control Act. Where there are references to ``state offenses'' or
``offenses under state law,'' the bill would expand these terms to
include convictions of offenses under foreign law.
In other words, the bill would make it clear that if someone was
convicted in a foreign court of an offense that would have disqualified
him from possessing a gun in the U.S., then they will be disqualified
from gun possession under U.S. law. The only exception will be if there
is reason to think the conviction entered by the foreign jurisdiction
is somehow invalid.

[[Page S526]]

Under the bill, a foreign conviction will not constitute a
``conviction'' under the Gun Control Act, if either: the foreign
conviction resulted from a denial of fundamental fairness that would
violate due process if committed in the United States, or the conduct
on which the foreign conviction was based would be legal if committed
in the United States.
I expect that these circumstances will be fairly rare, but the bill
does take them into account and will provide a complete defense to
anyone with an invalid foreign conviction. In any event, it is clear
that we should not keep in place a dangerous policy which essentially
treats every foreign conviction as invalid.
Ensuring that foreign convictions count as convictions under U.S. law
is important for a second reason. When someone with a felony conviction
is arrested for another crime, the government may charge that person
with being a felon in possession of a firearm or may seek a sentence
enhancement. However, if a foreign conviction is not treated as a
conviction under our law, then the defendant may receive a
significantly lower sentence than is appropriate given the number of
convictions on his record.
Particularly in these times, America cannot continue to give foreign-
convicted murderers, rapists, and even terrorists the right to buy
firearms in the United States.
With each passing day, we run a risk that foreign felons are
exploiting this loophole in our law. This is unacceptable.
Criminals convicted in foreign courts should not be able to have guns
when U.S. law forbids those convicted of the same crimes on U.S. soil
from possessing guns. We should not wait for lives to be lost before we
act to close this loophole.
I urge my colleagues to support this legislation.
______

By Mr. DURBIN:
S. 262. A bill to amend title 38, United States Code, to provide
equity for tuition and fees for individuals entitled to educational
assistance under the Post-9/11 Educational Assistance Program of the
Department of Veterans Affairs who are pursuing programs of education
at institutions of higher learning, and for other purposes; to the
Committee on Veterans' Affairs.
Mr. DURBIN. The original GI Bill proved to be a landmark initiative
for our troops and an outstanding investment in the future of our
nation. The Post 9/11 GI bill, signed into law in 2008, built on the
success of the original program by providing helpful and hard-earned
educational and economic benefits for our newest generation of
veterans.
Just as the veterans of WWII were the engine of economic recovery and
expansion in the postwar period, the most recent generation of veterans
will continue their service to America by reaching their full
educational and economic potential through the Post 9/11 GI Bill.
In January 2011, Congress made further changes to the Post 9/11 GI
Bill which caps the amount of education benefits for veterans enrolled
in private colleges at $17,500 and limits the education benefit for
veterans enrolled in public colleges to the amount charged for in-state
tuition and fees. That seemed reasonable, but what we have learned is
that many veterans are not eligible for in-state tuition. And the cost
difference between in-state and out-of-state tuition for public
universities can be substantial.
Current law unintentionally burdens a significant number of veterans,
requiring them to pay thousands of dollars in out of pocket costs for
non-resident tuition and fee rates. These costs add up over the course
of a college career--so much so that veterans often drop out of college
or transfer to another school, with a significant amount of debt and
without an actual degree. But veterans at private schools have their
tuition covered up to $18,077.
I am introducing the Veterans Equity Act of 2013 to remedy the
inequality between benefits for those at a private institution and
those at a public school charging out-of-state fees. This bill would
allow veterans who are considered non-residents of the state school
they attend to receive up to $18,077 in tuition benefits, the same
benefit that would be available to that veteran if attending a private
institution.
This legislation is supported by American Council on Education,
Association of State Colleges and Universities, Association of Public
and Land-Grant Universities, Association of American Universities and
the American Association of Community Colleges.
I am deeply concerned that some for-profit institutions may be
abusing G.I. tuition payments by aggressively targeting veterans for
academic programs that may not provide value to students, such as
preparation for future employment. The Veterans Equity Act will help
more veterans attend public institutions without significant out of
pocket costs.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 262

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

SECTION 1. SHORT TITLE.

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

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

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

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

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

``(II) the greater of--

``(aa) the actual net cost for in-State tuition and fees
assessed by the institution for the program of education
after the application of--
``(AA) any waiver of, or reduction in, tuition and fees;
and
``(BB) any scholarship, or other Federal, State,
institutional, or employer-based aid or assistance (other
than loans and any funds provided under section 401(b) of the
Higher Education Act of 1965 (20 U.S.C. 1070a)) that is
provided directly to the institution and specifically
designated for the sole purpose of defraying tuition and
fees; or
``(bb) the amount equal to--
``(AA) for the academic year beginning on August 1, 2011,
$17,500; or
``(BB) for any subsequent academic year, the amount in
effect for the previous academic year under this subclause,
as increased by the percentage increase equal to the most
recent percentage increase determined under section 3015(h)
of this title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the payment of educational
assistance for an academic year beginning on or after the
date of the enactment of this Act.
______

By Mr. REED (for himself and Ms. Stabenow):
S. 265. A bill to amend the Public Health Service Act to provide
grants for community-based mental health infrastructure improvement; to
the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today I introduce, along with my colleague,
Senator Stabenow, the Community Based Mental Health Infrastructure
Improvements Act.
According to the National Survey on Drug Use and Health, a survey
conducted by the Substance Abuse and Mental Health Services
Administration in 2011, Rhode Island has the highest rate of serious
mental illness among adults in the country. According to this survey,
approximately 7.2 percent of adults aged 18 or older in my state have a
serious mental illness, above the 4.6 percent national average.
While too often the stigma of mental illness prevents individuals
from seeking diagnosis and treatment, thankfully, states like Rhode
Island have made strides in meeting this challenge. In Rhode Island,
mental health parity laws have been on the books since 2001. Similarly,
Rhode Island's Medicaid program, RIteCare, covers mental and behavioral
health care for low-income children and families.

[[Page S527]]

Those who need this treatment must have access to it. Community
Mental Health Centers play a vital role in helping individuals get the
mental and behavioral health care that they need to lead healthier,
more productive lives. In 2012, Community Mental Health Centers in
Rhode Island treated approximately 45,000 individuals at over 1 million
distinct encounters. Next year, the number of individuals treated by
Community Mental Health Centers will likely increase, as over 50,000
Rhode Islanders gain access to health insurance.
As more Americans across the country gain access to health insurance,
these centers and other providers will see an increased caseload. Yet,
many Community Mental Health Centers are in outdated and outmoded
facilities that make if difficult to provide the optimal level of care.
The Community Based Mental Health Infrastructure Improvements Act we
are introducing today would support the necessary updates and
expansions of some facilities, and the construction of entirely new
facilities in other instances in order to meet the growing demand.
I am pleased that this legislation has also been included in a
broader bill, the Excellence in Mental Health Act, which I joined
Senators Stabenow, Blunt, Boxer, Collins, Leahy and Rubio in
introducing today, to make other updates to the way Community Mental
Health Centers are reimbursed for services. I look forward to working
with my colleagues to address the critical needs of our mental and
behavioral health care delivery system.

____________________