E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, THURSDAY, JUNE 11, 2015 No. 93 Senate The Senate met at 10 a.m. and was plans to spend more time with his wife It contains modern tools that cyber called to order by the President pro of nearly 58 years, Marjorie. He wants security experts tell us could help tempore (Mr. HATCH). to see more of his 4 children and 12 deter future attacks against both the f grandchildren. I am sure he would also public and the private sectors. The like to catch up with his buddy who measure would also help get the word PRAYER plays for the Grateful Dead or maybe out faster about attacks as soon as The Chaplain, Dr. Barry C. Black, of- just sit back with a box or two of the they are detected, provide governments fered the following prayer: Mallomars he loves so much. and businesses with knowledge they Let us pray. But I don’t think Dr. Billington is can use to erect stronger defenses, and O God, in this quiet moment, may a ready to take his scholar’s cap off quite help strike a critical balance between holy hush come over us, giving us a yet, because he is preparing to do a lit- security and privacy in the process. sense of our dependence on You. May tle writing, too, about folks who played The bill would do so, for instance, by our Senators not trust too much in an important role in the history of— mandating the creation of guidelines to their abilities to solve problems and what else—the Library that means so limit the use, retention, and diffusion meet challenges but continue to seek much to him. of consumers’ personal information. the eternal and transcendent resources Dr. Billington has called the Library of Congress the ‘‘greatest collection of This is more than just a smart meas- You offer to people of faith. ure. It is a transparent one too. It has Lord, give our lawmakers humble knowledge and copyrighted creativity in human history,’’ and I know how been carefully scrutinized by Senators and contrite hearts, that they may be from both parties. It has been endorsed channels of light and truth. Uphold proud he is of the many initiatives he has undertaken to expand its reach and overwhelmingly on a bipartisan basis them with Your everlasting and uplift- by nearly every single Democrat and ing arms. May they persevere with in- its relevance. I noted yesterday that we are un- every single Republican on the Intel- tegrity so that they may be presented likely to come across many guys who ligence Committee, and it has been holy and unblameable in Your sight. can say they have been a Princeton posted online and available for anyone Keep our Senators calm and filled with valedictorian, a Harvard professor, an to read for quite some time. faith in spite of all they must face. expert on the Kremlin, a veteran, and a We pray in Your great Name. Amen. The need for this smart, bipartisan, Rhodes Scholar. But that is our Librar- transparent measure couldn’t be clear- f ian of Congress. er. We shouldn’t wait for the adminis- PLEDGE OF ALLEGIANCE He speaks 7 languages, he has 42 hon- tration to fumble away another 4 mil- orary doctorates, and I am hoping he lion Social Security numbers or per- The President pro tempore led the will soon be able to start catching a Pledge of Allegiance, as follows: sonal addresses before we help them full 8 hours of sleep every night. get modernized and up to speed. I pledge allegiance to the Flag of the Dr. Billington has certainly earned United States of America, and to the Repub- it, and we wish him the very best in his That hasn’t stopped some Demo- lic for which it stands, one nation under God, retirement. cratic leaders from thinking they indivisible, with liberty and justice for all. should try to score some political f f points by taking down a bipartisan CYBER SECURITY measure to combat cyber attacks. RECOGNITION OF THE MAJORITY Mr. MCCONNELL. Mr. President, on LEADER I hope they won’t do that. a different matter, I think a lot of peo- The PRESIDING OFFICER (Mr. ple were shocked to hear that the Most Americans would find it awfully ROUNDS). The majority leader is recog- Obama administration was unable to cynical for Democratic leaders, in the nized. prevent the information of 4 million wake of the administration’s inability to stop such a massive cyber attack, to f Americans from being compromised by hackers. vote against the very same cyber secu- TRIBUTE TO DR. JAMES Officials in the White House now owe rity legislation their own party vetted BILLINGTON it to every American to let Congress and overwhelmingly endorsed in com- Mr. MCCONNELL. Mr. President, we help them get out of the past and up to mittee for the sake of scoring some have recently learned that Dr. James speed with the cyber security realities kind of political point. Billington, the Librarian of Congress, of the 21st century. That is just what We have a smart, transparent, bipar- who has been with us for almost 30 the measure we will soon consider tisan, fully vetted measure before us years, will be retiring in January. He would help do. that can help make our country safer.

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

S4063

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VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.000 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4064 CONGRESSIONAL RECORD — SENATE June 11, 2015 Senators in both parties have a chance Those are the words of Henry Kis- extensive annual training under the to offer other amendments to the bill singer. And he is right. From Beijing, Army Leader’s Training Course. Not and amend it, too. Moscow, and the tribal areas of Paki- only has Fort Knox been leading the My hope now is that we can work to- stan, to Ramadi and Tehran, we see un- Army in energy independence by devel- gether to help pass a measure that is in rest and global threats that threaten oping the capability to go off the grid support of the American people and American values and American inter- entirely, but it also continues to make backed by a broad coalition of sup- ests. an exceptionally important contribu- porters—everyone from the U.S. Cham- And what do we see from Democratic tion locally, as well. ber of Commerce to the U.S. Telecom leaders? A serious plan? Fort Knox’s economic impact on Har- Association. The sooner we do, the We hear the President telling us he din County and the surrounding com- sooner we can conference it with two still doesn’t even have one when it munities stands at over $2 billion a similar White House-backed bills that comes to confronting one of our most year. My constituents in Elizabeth- passed the House, and the sooner we serious challenges—ISIL. town and across the Commonwealth can finally get a good cyber security This is 8 months after he announced know how important Fort Knox is to law on the books to help protect Amer- his intention to confront this threat. our community and to our country. icans. This is 8 months after I and others They also know that passing the bipar- f called on the President to provide us tisan Defense bill before us would allow NATIONAL DEFENSE with a comprehensive plan to defeat for a critical new medical facility to be AUTHORIZATION ACT this menace. And it is 8 months since I built at Fort Knox. They don’t want to pledged that Congress would work with see Democratic leaders hold that med- Mr. MCCONNELL. Mr. President, the administration to ensure our forces ical facility hostage for unrelated par- that brings me then to the larger de- have the resources they need to carry tisan reasons. bate the Senate is having this week. out their missions. Kentuckians and Americans know The bill the cyber measure has been of- Republicans have kept up our end of that supporting our troops is never fered to is the annual Defense author- the bargain, even if the President still ever a waste of time. They know that ization Act. It is a related issue. It is doesn’t have a serious plan. ensuring the military has the tools it about protecting our country. It makes The President asked us for $612 bil- needs isn’t a game. Here is something sense to consider these issues together. lion in his budget request to Congress. else so many of our constituents know: Now, the Defense bill is another That is what he asked for. So we measure that should be sailing to pas- What America needs right now is not a worked across the aisle to craft a bi- summer of filibusters but a season of sage with strong bipartisan support. It partisan Defense authorization bill at does so almost every year. But Demo- serious bipartisan solutions. That is precisely that level. He asked. We de- cratic leaders now seem to have a dif- what the Defense bill before us rep- livered. resents, and that is what this new Con- ferent idea. The House version of this bill already Here is a headline that just appeared gress has been doing all year. We have passed by a big bipartisan margin. The in the Washington Post: ‘‘Democrats gotten a lot done. There is a lot more Senate version sailed out of the Armed prepare for filibuster summer.’’ we can do. And if rank-and-file Demo- ‘‘Democrats prepare for filibuster Services Committee on a vote of 22 to crats reject their leader’s partisan summer.’’ We can already feel Ameri- 4. We were all set to pass the very type games in favor of keeping up the bipar- cans just tense up. They don’t even of bill President Obama indicated he tisan work that got us to this point in- like the sound of it. Who would? wanted, but then Democratic leaders stead—on a bill they joined Repub- Let me read just a few lines from started listening to that little partisan licans to pass in committee 22 to 4— that story: ‘‘After almost six months in pat on their shoulder: Why not take then that is just the kind of productive the minority . . . Senate Democrats this opportunity to pump up that unre- summer we can keep working toward. aren’t afraid to be obstructionists, de- lated government spending we like so f tailing a strategy of blocking appro- much? Just threaten to filibuster pay RECOGNITION OF THE MINORITY priations bills and other Republican raises for the troops until they shower LEADER agenda items until they get what they more cash on the bureaucrats in Wash- want’’—‘‘until they get what they ington. The PRESIDING OFFICER. The want.’’ At a moment of grave and gathering Democratic leader is recognized. ‘‘Get ready for filibuster summer,’’ threats, Democrats listened to that f the Post warned, because despite open- partisan voice—that partisan voice. TRIBUTE TO DR. JAMES ing themselves ‘‘to charges of hypoc- At a time when our military families BILLINGTON risy,’’ Democrats have ‘‘decided to need all the support they can get, block all spending bills starting with Democratic leaders reverted to par- Mr. REID. Mr. President, I admire the defense appropriations measure.’’ tisan form and are now threatening to and appreciate very much my friend Putting the obvious hypocrisy aside, blow up a bipartisan bill. the Republican leader mentioning Dr. one thing is clear: The party leaders I would think this would be of some James Billington, a friend of mine. opposite seem to think this is all just concern to commonsense Democrats. I had a wonderful conversation with a game. They have to be wondering if their Dr. Billington yesterday. I wrote him a Democratic leaders seem to think the leaders have totally lost it—com- nice letter talking about what we have pay raise for a soldier who gives every- pletely lost it—with this filibuster done together over these past three thing to protect our country and who summer and holding our military hos- decades. would give anything to provide for her tage. It seems only yesterday that I was kids isn’t something she has earned, We don’t have to look too far to see chairman of the Legislative Branch Ap- but something she can gamble with in the important role the military plays propriations Subcommittee and a new a high-stakes game of ‘‘Shutdown Rou- in each of our communities. I men- Senator here. One of the first attacks lette.’’ tioned yesterday how important Fort we got from Republicans at that time Democratic leaders don’t seem the Campbell is to Kentucky. Let me now was to whack the Library of Congress. least bit bothered by the dire national tell my colleagues a little bit about They even went after the magazines security implications of what they are Fort Knox. that were produced in braille. I can re- doing. They have packed the car for Fort Knox hosts the Army’s Human member the debate we had about Play- their filibuster vacation, and they are Resources Command. It is a hub for boy magazine. I don’t know what they ready to hit the road, whatever the multiple major commands under the were trying to eliminate, but they consequences for our country. They are Training and Doctrine Command. Be- tried. I don’t know what they could do heading down this road at a time when cause of its vast array of excellent with the braille in a Playboy magazine. ‘‘the United States has not faced a training grounds and exceptional train- But we were able to turn that back. more diverse and complex array of cri- ing facilities, Fort Knox also recently I so appreciate this good man and ses since the end of World War II.’’ began hosting thousands of cadets for what he has done. His academic record

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.001 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4065 is terrific. As a person, he is the best. contingency fund. They refused to There have been press reports today We have traveled parts of the world allow that on virtually everything else. that Republicans on the House side are with him, together with Mark Hatfield, My friend the chairman of the Armed involved in a vote-buying scheme on a Republican, who was one of the Re- Services Committee, in years past and, the trade bill by promising never to re- publican leaders of the Senate, and I in fact, when this bill first came from authorize the Export-Import Bank. was a junior Senator at the time. We the House, complained about this They are saying to these few Repub- had a great trip. Prior to coming to the phony gimmick they were using, but licans: If you vote to allow us to go for- Library of Congress, Jim Billington now my friend, with whom I came to ward with this trade bill, we won’t do was the acting leader of our country on Congress 33 years ago, suddenly likes anything on the Export-Import Bank. the Soviet Union. He is a wonderful this bill. I don’t know how he can do What a shame. man, and I ask that my remarks indi- the backflip he did to come to this rea- Let me get this straight. Republicans cate that I agree with every word the soning. want to pass a trade bill that hurts Republican leader said about Jim There is no better example of the American workers, and in order to buy Billington. dysfunction created by the Republican votes to make that happen, they are f leader and his party than what we have going to kill 165,000 more jobs by let- seen not in the last 51⁄2 months, the last ting Ex-Im Bank lapse. The number of NATIONAL DEFENSE 24 hours. Think about what he has Americans working today because of AUTHORIZATION ACT done. We are on the Defense authoriza- the Bank, as we speak today, is 165,000. Mr. REID. Mr. President, my friend tion bill that the President said out Another part of this cynical ploy un- the Republican leader threw around loud and in writing he is going to veto. folded here on the Senate floor. The words such as ‘‘cynicism’’ and ‘‘hypoc- Everyone knows that. Every Repub- Republican leader, who is intent on let- risy.’’ This speech my friend gave—I lican knows that. But the Republican ting the Export-Import Bank lapse, al- would suggest he walk into his office, leader is hell-bent on moving forward lowed a token vote on the measure to his little bathroom in there, and look with this cynical ploy to pass a bill try to appease the Bank’s supporters. into that mirror because over that mir- that is destined to be vetoed. The Republican leader immediately ror he should be able to see the words Yesterday, he even went further and walks out in the last 24 hours and files ‘‘hypocrisy’’ and ‘‘cynicism’’ because intimated that Republicans love the an amendment on Ex-Im Bank and the speech he gave was fervent with defense of this country through our within hours files a motion to table the hypocrisy and cynicism. military and we don’t. At that time, I amendment. Wow. We have tried very hard since the said, and I repeat, every one of my So we should not be easily fooled, first of the year to cooperate with the Democratic Senators is a patriot. They and we are not. If the Bank expires, Republicans, and we have done it. On believe in this country, and they sup- there is no telling how long it will take this bill which is before us now, the De- port the military. So supporting the to renew it—if, in fact, it ever happens. fense authorization bill—it is a bill I military isn’t a lock that the Repub- None should be fooled by these sham will talk about a little later in more licans have. votes. If we want to preserve the Bank, detail—this is a piece of legislation To make matters worse, the Repub- we should vote to extend it before it which the President said before it left lican leader is now using this bill expires on June 30 this year—in a cou- the committee was going to be vetoed. which should be focused on funding our ple weeks. He not only said it, he put it in writ- troops to pull these diverting, deceitful I am amazed it is even an issue. It ing. We cooperated. We allowed it to go ploys on cyber security. On cyber secu- wasn’t that long ago that Republicans on the floor without the normal fili- rity, with the Republican leader’s believed that this Bank was good for buster and the motion to proceed that blessing, Senators BURR and MCCAIN America. Republican Presidents be- I had to approach when I led the Sen- employed a rarely used device to get a lieved in it—Reagan, Bush, and Bush. ate as the majority leader hundreds of cyber security amendment pending I remember when the Republican times—hundreds of times. So we have with no agreement, and then, before leader was in favor of the Bank. In 1997, cooperated. We haven’t filibustered any action was taken, the Republican the Senator from Kentucky cospon- getting on the bill, as I mentioned, and leader quickly filed cloture. sored legislation reauthorizing the we have allowed amendments to get When the Senate considered the 2012 Bank’s charter. With Senator MCCON- pending and get votes. That is some- cyber security bill—and we tried so NELL’s help, the Senate passed that bill thing the Republicans would not let us hard to get that out—Senator MCCON- unanimously. That is the way we used do when this bill came up the last 2 NELL complained about cloture being to do it because it was so good for years. It is a major bill. filed too quickly, which I did because America. Again, 4 years later, the Re- The Republican leader said a couple they wouldn’t let us move at all on the publican leader signed on to a letter years ago, and I quote, ‘‘The Defense bill. encouraging George W. Bush to extend authorization bill requires 4 or 5 weeks In 2012, Senator MCCONNELL said: the Bank’s charter, which, of course, to debate.’’ That is what he said. The few days the bill was on the floor, the he did. At that time, he and 29 other So this work that he has done on this majority limited its consideration to debate Republican Senators argued that al- Defense authorization bill is just the only and then . . . filed cloture. But, of lowing the Bank to lapse would be dev- height of hypocrisy and cynicism. He course, that is kind of par for the course astating to the economy and in par- around here. . . . The notion that we should comes to the floor today and blames just roll over and wave through these bills ticular our trade deficit. Now the sen- Barack Obama for the hacking that the without having a chance to improve them ior Senator from Kentucky has turned Chinese did. He talks about what a and that Democratic Senators would be will- a legislative backflip and today wants great bill we have. He stuck on this bill ing to be rolled in such a way is ridiculous, the Bank to disappear. Talk about hy- the cyber security—for 5 years we tried especially on a bill of this significance. pocrisy. Talk about cynicism. Wow. As to get up a cyber security bill. Every Yet, here the Republican leader is he continues to remind everyone, he time we brought it up, it was stopped doing just what he lambasted before. sets the schedule around here. Yet, he by the Republicans. Every time. I met Now, that really is par for the course cannot be bothered to schedule a vote in my office 5 years ago with five dif- over these last 5 months. on the Export-Import Bank before it ferent committee chairs, and they For 6 years, in three different Con- lapses. moved forward to try to get a bill out. gresses, virtually everything President So what changed? Here is what Every step of the way, my Republican Obama tried to do and we tried to do changed. The Republican leader is not friends blocked us. So talk about cyni- was filibustered. That is no secret. the only Republican performing a cism, hypocrisy. Hundreds of times—hundreds of times breathtaking about-face on this issue. On the Defense bill they talk about on motions to proceed, gobbling up 30 The chairman of the banking com- what a gift they gave to the President. hours here, 2 days here. Hundreds of mittee supported the Export-Import They gave a gift to the President of $39 times. Bank as recently as a year or two ago. billion more deficit spending. That is So now what we find is something In fact, the senior Senator from Ala- more deficit spending on the overseas that to me is even more troubling. bama supported a 4-year renewal. If the

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.003 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4066 CONGRESSIONAL RECORD — SENATE June 11, 2015 Senator from Alabama had gotten his ing an all-out assault on the Bank. It is MORNING BUSINESS way, the Bank would still have a year going to great lengths to pressure Re- The PRESIDING OFFICER. Under left before the charter expired. But now publicans to let the Bank’s charter the previous order, the Senate will be the senior Senator from Alabama, lapse. in a period of morning business for 1 It is one thing for a couple of oil speaking on the Bank’s reauthoriza- hour, with Senators permitted to speak baron billionaires to oppose a program tion, said, ‘‘I believe at the end of the therein for up to 10 minutes each, with for their own financial purposes; it is day if it expires, we won’t miss it.’’ the time equally divided in the usual an entirely different thing for gov- Tell that to 165,000 people who will lose form. their jobs. Just last night, the banking erning Republicans in Congress to do The Senator from Utah. committee chairman tried to table an their bidding. But obviously that is amendment reauthorizing the Export- what is happening. Why else the turn- Import Bank. That motion failed over- around? Republicans in Congress were f whelmingly and displayed that the for the Export-Import Bank until the Bank has a lot of support for reauthor- Kochs were against it. Now Repub- TRADE PROMOTION AUTHORITY ization. licans are running for cover, waiting to Mr. HATCH. Mr. President, last I don’t mean to point a finger at just find a way that they can try to ration- month, the Senate passed the Bipar- the Republican leader and the banking alize not being for it, when they were tisan Congressional Trade Priorities committee chairman. Many other Sen- for it before. and Accountability Act of 2015, which ate Republicans have flipped on this One conservative news outlet run by renews trade promotion authority or also and so quickly that I am sure the Heritage Foundation went so far as TPA. Years of hard work and com- their heads are spinning even as we to report that Republican Presidential promise enabled us to pass this bill speak. hopefuls have to reject the Export-Im- with strong bipartisan support in the To understand the Republican change port Bank if they want the Koch’s en- Senate. Now with the Senate having al- of position, one need only look—where dorsement and financial backing. You ready acted, all of our eyes are turned do we look? What do the Koch brothers cannot make up stuff better than this. to the House of Representatives, where want us to do? What do the Koch broth- The Daily Signal, for example, reports, I know the Speaker and the Republican ers want us to do? These Koch brothers ‘‘An endorsement would likely turn on leadership, not to mention the chair- are their billionaire benefactors. a candidate’s approach to one or more man of the House Ways and Means Charles and David Koch adamantly op- issues of importance to the Koch broth- Committee, who is the coauthor of the pose the Export-Import Bank today but ers, beginning with their opposition to bill, are working to move this impor- not yesterday. They were not always the Federal Export-Import Bank.’’ tant bill forward. against the Bank. It would be tragic if the Export-Im- I want to take some time to address Just like most other businesses in port Bank was not reauthorized be- some of the concerns I have heard from America, Koch Industries is always cause Republicans with White House our House colleagues and others about looking for new markets for its goods. ambitions or Senators who are afraid this bill and the concept of TPA, in They should. That means the Koch they are going to get a primary here in general. For example, I know some brothers are all for exports. How could the Senate are more interested in audi- have claimed that TPA cedes too much they not be? After all, the Koch broth- tioning for the Koch brothers, as Presi- congressional authority to the execu- ers got into business by selling services dential candidates are and Republican tive branch. This is a particularly trou- to Joseph Stalin. That is where they leaders in Congress do. They go meet blesome proposition for some of my Re- got started—Joseph Stalin and his bru- with them a couple times a year to publican House colleagues who might tal Communist Soviet Union. make sure they bow when they are sup- be wary of granting new powers to the More recently, Koch Industries and posed to and don’t crowd and make current occupant of the White House. its subsidiaries have used the Export- sure they are called upon when they Import Bank to find an international are asked to. Now, let me be clear. I have spent as marketplace for their goods. The Hill The Republican leader and his col- much time as anyone in Congress criti- newspaper reports that Koch compa- leagues have completely altered their cizing President Obama’s Executive nies Georgia-Pacific, John Zink, position on a program that supports overreach. I have come to the floor nu- Molex, and Koch Heat Transfer, among 165,000 American jobs, jobs here right merous times to catalog all the ways others, received over $16 million in in our country, many in their own the current administration has over- loans from the Bank. That is what the States. Every State in the Union bene- stepped its authority on issues ranging Bank is intended for. That $16 million fits. Republicans have changed their from health care to immigration, to is to help sustain American jobs. opinion on a bank that has returned $7 labor policy. In fact, I was here just But it is stunningly hypocritical that billion to the Treasury, our Treasury. yesterday talking about efforts on the the same Koch brothers are using the It is a flip that would make a trapeze part of the administration to unilater- Bank for loans they could literally artist cringe. ally undermine welfare reform. write a check for and that they are at- I say to my Republican friends: Just So when people say they are worried tacking as a corporate giveaway. This because the Koch brothers tell you to about legislation that would take reminds me of the time the Kochs at- jump, do you have to say: Well, how power from Congress and give it to this tacked ObamaCare as collectivism. high do you want me to jump? We do President, believe me, I understand. I They probably know a little bit about not have much time. The Export-Im- would worry about that, too, but that it. That is where their business started. port Bank charter expires at the end of is not what our TPA legislation does. The Kochs attacked ObamaCare as col- this month. Last night’s vote proves Simply put, TPA is a compact between lectivism, while collecting health sub- there is support in this Chamber to re- the House, the Senate, and the admin- sidies through the Affordable Care Act. authorize this Bank. Sixty-five Sen- istration. Talk about cynicism. Talk about hy- ators voted in support of it last night. With TPA in place, the administra- pocrisy. So I urge Senate Republicans to put tion agrees to pursue negotiating ob- Now, after benefiting from the Ex- aside their nonsensical backtracking jectives established by Congress and is port-Import Bank, the Koch brothers on a program they themselves admit- required to consult with Congress on a figure we have it all. Why should we ted was a job creator and understand regular basis during the whole negoti- try to help anybody else? We are multi- where the real cynicism and hypocrisy ating process. In return, the House and billionaires. That is an understate- lies in this Chamber. Senate agree to vote on any trade ment. They are labeling it ‘‘corporate f agreement that meets those require- welfare’’ and ‘‘a handout’’ for big busi- ments under a specified timeline with- ness. I wonder if Charles and David got RESERVATION OF LEADER TIME out amendments. The President does whiplash from their extreme turn- The PRESIDING OFFICER. Under not have any new powers under this around. The Kochs’ main political arm, the previous order, the leadership time compact and Congress does not give up Americans for Prosperity, is now lead- is reserved. any powers.

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.004 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4067 In fact, the primary purpose of TPA the other side of the aisle have in- well as a number of people in the is to enhance Congress’s role in the ne- formed them of some of these high-pri- media, have decried the fact that de- gotiating process. That is right. De- ority negotiating objectives. tails of the TPP, the Trans-Pacific spite some claims that TPA is an abro- But even if maintaining the power to Partnership, have not yet been made gation of congressional power, the op- accept or reject the trade agreement is public. They have also argued that by posite is actually true. Without TPA, not enough, the Senate-passed TPA bill renewing the TPA before the details of the Members of Congress and their con- contains procedures, including an all- the deal are disclosed, Congress would stituents have no strong voice on es- new procedure that will enable Con- be enabling further secrecy. Again, this tablishing our trade priorities. With gress to strip procedural protections reflects a simple misunderstanding of TPA, Congress can define trade negoti- from any trade agreement if it deter- simple negotiation tactics. ating objectives and priorities. mines there was inadequate consulta- The TPP is still being negotiated. As Without TPA, the administration is tion or that the negotiating objectives with any high-stakes negotiation, some under no formal obligation to provide have not been met. level of confidentiality is a must if we Congress with meaningful information Additionally, under the bill, both the are going to get the best deal possible on the status of ongoing trade negotia- House and the Senate maintain their with 11 other countries at the table. tions. With TPA, Congress can require constitutional prerogative to change In all sensitive negotiations, there is the administration to provide frequent their respective rules to override TPA. a time for disclosure and a time to hold updates and consultations. For exam- So as you can see, the Congress has not your cards close to your chest. So I ple, the Senate-passed TPA bill will en- given up any of its powers under TPA. recognize that with trade negotiations, sure that any Member of Congress who In addition to preserving and enhanc- our government is negotiating on be- wants access to the negotiating text, ing Congress’s role in trade policy, the half of the American people. We need at any time during the negotiations, Senate-passed TPA bill contains a to ensure that the maximum amount of will get that access. number of provisions that actually transparency is possible. In addition, Members of Congress constrain the administration as it ne- Fortunately, the Senate-passed TPA will, once again at any time, be able to gotiates and implements new trade bill strikes an appropriate balance to request and receive a briefing from the agreements. deal with these issues, providing un- USTR, the U.S. Trade Representative, For example, the bill ensures that precedented levels of transparency and on the current status of ongoing trade implementing bills to trade agree- oversight into the trade-negotiating negotiations. In other words, TPA ments will include—and I am quoting process. Under our bill, the full text of gives Congress a much stronger say in the text of the bill here—‘‘only such a completed trade agreement must be made public at least 60 days before the the substance of our country’s trade provisions as are strictly necessary or President can even sign it—be made negotiations and provides mechanisms appropriate to implement’’ trade public at least 60 days before the Presi- to hold the administration far more ac- agreements. Additionally, the bill dent can even sign it. Talk about countable. makes clear that any commitments Right now, the Obama administra- made by the administration that are transparency—this is an all-new re- tion is negotiating trade agreements not disclosed to Congress before an im- quirement, giving the American people with only ad hoc and informal direc- plementing bill for an agreement is in- new and unprecedented access and knowledge of all trade agreements well tion from Congress. That will change troduced will not be considered as part before they are even submitted to the once Congress renews TPA. Still, I of the agreement and will have no force Congress for approval. know there are some who believe that of law. After that 60-day period has expired Furthermore, the bill also ensures by agreeing not to allow amendments and the President signs an agreement, that trade agreements cannot be used or filibusters of trade agreements, Con- he must submit to Congress the legal to undermine U.S. sovereignty, another gress is giving up most of its power to text of the trade agreement and a concern I have heard about TPA and influence trade agreements on the back Statement of Administrative Action at one I wanted to make sure we were pro- end once an agreement is actually least 30 days before formally submit- tecting against. The bill accomplishes signed. ting an implementing the bill. As I Again, let me be clear. Under TPA, this goal in four important ways; first, noted earlier, the bill includes all-new Congress at all times—all times—main- it makes clear that any provision of requirements giving Members of Con- tains the ultimate authority over a the trade agreement that is incon- gress access to text and information trade agreement, the power to reject it sistent with Federal or State law will throughout the negotiating process. entirely. TPA does not guarantee the have no effect; second, the bill states Any Member of the House of Rep- passage of any trade agreement now or specifically that Federal and State resentatives that supports free trade in the future, nor does it, as some have laws will prevail in the event of a con- who is concerned about the secrecy of argued, reduce votes in Congress to a flict with the trade agreement; third, it current negotiations should be the first ‘‘rubberstamp’’ for the administration. affirms that no trade agreement can in line to support the Senate-passed This is important, as there has been prevent Congress or the States from TPA bill. Once again, any supporters of some confusion on this point. With the changing their laws in the future; expanded U.S. exports who are also coming vote on TPA, the House of Rep- fourth, it confirms that the adminis- wary of executive overreach should be resentatives is not voting to approve tration cannot unilaterally change trumpeting their support for our bill. any individual trade agreement. I know U.S. law. The Senate TPA bill enhances pundits and talking heads in the media All of these provisions have been Congress’s role in trade negotiations. have tried to conflate passage of TPA drafted with an eye toward maintain- The Senate TPA bill maintains with Congress’s approval of the Trans- ing the separation of powers and ensur- Congress’s power to accept or reject Pacific Partnership, but in reality ing that no administration can use any future trade agreement. The Sen- these are separate and distinct propo- trade agreements to unilaterally write ate TPA bill prevents the President sitions. U.S. laws or policy. Now, we have all from pursuing unilateral changes to Case in point: Over the last couple of heard claims that the President in- U.S. law or policy. And the Senate TPA years, I have been the most outspoken tends to use trade agreements to bill provides unprecedented levels of advocate in Congress in favor of renew- change our immigration laws or enact transparency and oversight into these ing TPA. However, throughout that strict climate change standards. TPA trade agreements or into any trade time, I have made it abundantly clear ensures that throughout the process of agreements that may come forward, in- that my support for TPA does not negotiating, finalizing, and approving a cluding TPP. guarantee any support for the Trans- trade agreement, Congress stays in the I am sure that some of the cynics out Pacific Partnership. Indeed, I am fully driver’s seat. there have one more question: If TPA prepared to vote against the TPP if the Finally, I want to address the con- imposes all of these requirements and administration falls short on reaching cerns I have heard about the supposed restrictions on the administration, high-priority negotiating objectives. secrecy surrounding the TPP agree- why does the President want it so Many on this side of the aisle and on ment. Some of our House colleagues, as badly?

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.006 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4068 CONGRESSIONAL RECORD — SENATE June 11, 2015 The answer to that question is sim- health insurance for less than $100 a and makes that decision that will in- ple. TPA is necessary in order for our month, and that was a lot of work to crease people’s taxes. negotiators to get a good deal. We get done. That is really what is at In Georgia, the Peach State, 412,385 know this is the case. Without TPA in stake right now. Georgians will see a tax increase as a place, our negotiating partners have no Now, I know there are people who result of the Supreme Court if the Su- guarantees that the deal they sign will don’t like the law that was written, but preme Court does what the Republicans be one Congress will consider. the legal argument being presented in want to have done. Without those guarantees, they are the Supreme Court right now makes In Illinois, 232,371 people living in Il- less likely to put their best offers on absolutely no sense. Folks on the Re- linois, next to Michigan, our great the table because they will have no as- publican side of the aisle are asking friends in Illinois—almost $50 million surance that our country can deliver the Supreme Court to raise the taxes of in tax increases in Illinois will happen on the deal or any deal they enter into some 6.4 million Americans. We are beginning at the end of this month if with us. Make no mistake, we need to talking about $1.7 billion in tax in- the Supreme Court rules the way Re- get good deals at the negotiating table. creases going to all these States in the publicans want them to rule. More than 95 percent of the world’s red, including my own. In Indiana, also next to the great consumers live outside of our country, We have Members of the Senate State of Michigan, 159,802 people living the United States. If our farmers, man- cheering on a court that could rule in Indiana, Hoosiers, will see their ufacturers, and entrepreneurs are going that there would be a $1.7 billion tax taxes go up if the Supreme Court rules to compete on the world stage, they increase on their own constituents. against providing tax cuts. need access to these customers. Don’t count me in as one of those who In Iowa, the Hawkeye State, 34,172 History has shown that high-stand- are cheering that on. I don’t under- Iowans will see their taxes go up. These ard free-trade agreements expand mar- stand it. are families. These are working fami- ket access for U.S. exporters and re- These Members of Congress are effec- lies. These are families working hard, duce our trade deficits. Most impor- tively saying that people in Massachu- with one job, maybe two jobs, maybe tantly, they grow our economy, create setts, where there is a State exchange, three jobs. There probably are folks good, high-paying jobs for workers here can have a tax cut and the affordable who are certainly included in this who at home, and improve living standards coverage that comes with it, but people lost the equity in their homes after for our citizens and for our trading in Oklahoma can’t have a tax cut. what happened with the great recession partners. If the United States is going They are suggesting it is fine for people and are trying to dig themselves out of to advance its values and interests in who live in the District of Columbia to the hole and are celebrating the fact the international marketplace, we need get tax cuts to help pay for their insur- that they can go to bed at night not to be writing the rules and setting the ance, but people in Louisiana cannot or having to worry if the kids get sick, if standards. We cannot do that if we are that people in New York can have tax they can take them to the doctor. Most sitting on the sidelines. cuts to help pay for their insurance, of them are able to buy health insur- This is an important bill. I was very but people in Texas cannot. ance for less than $100 a month because pleased to see it pass the Senate with Now, to drive this point home, I wish of the tax cuts we passed in the Afford- bipartisan support. to take a moment to look at how many able Care Act. I hope that in the coming days, we people in each State are at risk of a tax In Kansas, the Sunflower State, 69,979 will see a similar result in the House of increase based on the Supreme Court people—almost 70,000 people in Kan- Representatives. ruling, because this is very important sas—will see their taxes go up if the I yield the floor. to literally millions and millions of Supreme Court sides with the Repub- The PRESIDING OFFICER. The Sen- Americans. lican position on the Affordable Care ator from Michigan. In Alabama the Supreme Court could Act. f raise taxes through their decision on In Louisiana, the Pelican State, 132,253 people. Over 132,000 people will 137,940 people who live in Louisiana— KING V. BURWELL find out this month whether they get a almost $45 million would come out of Ms. STABENOW. Mr. President, we tax increase as a result of the Supreme this State in tax increases if the Su- expect a ruling this month in the Su- Court decision. preme Court sides with the Republican preme Court case of King v. Burwell, In Alaska, we see the possibility of position regarding the Affordable Care which will have such an impact on fam- 16,583 people in the Last Frontier State Act. ilies all across America and on the af- who would see an average of $536 more In Maine there are 60,939 people who fordability and availability of health in taxes as a result of the possible deci- represent families—people who have insurance for them and for their fami- sion being urged on by Republicans in families, who have children, spouses— lies. This is an incredibly important the House and Senate. who are now able to afford insurance, issue. In Arizona, the Grand Canyon State, most of them for under $100 a month, As someone who was there in the over 126,000 people—Americans—would maybe for the first time ever because Senate Finance Committee at virtually see a tax increase. There would be $20 of the tax cuts, tax credits that are every meeting—and who helped write million total in tax increases in Ari- translated into tax cuts for people in the tax credit section of the bill—I zona, depending on how the Supreme the Affordable Care Act. wish to remind my colleagues of what Court rules. This one means the most to me, of is at stake in this decision. Let’s go on to what is called the Nat- course, and that is my home State of During the Finance Committee ural State, Arkansas, where 48,100 peo- Michigan. There is no way, by the way, markups, I worked very hard to make ple will see an average increase of $284 I would have ever voted to do this. The sure the affordability tax credits, as a result of the Supreme Court deci- idea that we voted for something that which provide tax cuts for millions of sion if they rule against what we know would make all of this happen is pretty Americans, were meaningful in helping was done correctly in terms of writing crazy. Obviously, that was not legisla- people buy health insurance through the Affordable Care Act. tive intent. But in Michigan, 228,388 the marketplaces. It took a lot of work Let’s go on and look at Delaware, the people in my State, men and women to get those tax credits written into First State, where 19,128 people would and their children, will, in fact, see a the Affordable Care Act. In fact, as my see their taxes go up—a tax increase in tax increase if the Supreme Court rules colleagues know, certainly on this side Delaware, depending on what the Su- with the Republican position at the of the aisle, I would go to every meet- preme Court does later this month. end of this month. ing with charts and graphs, looking at In Florida, the Sunshine State, it is Missouri, the Show Me State: Well, I what people would have to pay under over 1.3 million people—1,324,516 peo- will tell you what they don’t want to various levels of tax cuts and how to ple—and we are looking at almost $390 show are more tax increases—197,663 make sure it was affordable. The great million in tax increases that would be people in Missouri, and we are talking news is that the majority of Americans coming from the State of Florida if the about $55 million coming out of the today are able to purchase affordable Supreme Court sides with Republicans State of Missouri. These are families

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.007 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4069 who will pay more and, in many cases, with the Republican position this Burwell is legislative intent. That is a not be able to afford health care any- month. question I am, frankly, very qualified more for their families. So they are Pennsylvania, the Keystone State: to answer, given how engaged I was in going to pay more, and they are not 348,823 people. Again, a big State and a crafting the Affordable Care Act and going to have health care. lot of people in Pennsylvania—348,823 especially the tax cuts represented in Mississippi, the Magnolia State: people. This State will see almost $80 the affordable tax credits. I was there. There are 75,613 people. That State will million in total tax increases. So less I can speak firsthand to what the in- see over $26 million in total tax in- health care, more taxes, if the Supreme tent was. creases. Court gets this wrong and sides with The core purpose of this law was to Montana, the Treasure State: 41,766 the Republican position. make sure health care coverage was af- people in Montana. It is close to $10 South Carolina: 154,221 people in fordable for every American. Pretty million in total that will come out of South Carolina will see their taxes go simple. And to achieve that, I fought Montana, from Montana families, in up, meaning about $43 million in total very hard to make sure these tax cred- tax increases, if the Supreme Court if this decision goes against the Amer- its would be available; that they would sides with the Republican position in ican people. be enough to make the difference. the House and the Senate and raises South Dakota, the Mount Rushmore I pushed so hard for these tax cuts in people’s taxes. State: This is another small State, but the Finance Committee markup that Nebraska: 56,910 Nebraskans will see every single person there who is get- Chairman Baucus ended up calling me their taxes go up an average of $257 ting health care today and is paying ‘‘Senator Affordability’’ in the process. each—almost $15 million in total com- less for it—most folks under $100 a I knew we had to get that right for ing from Nebraska. month—is going to care about this. every American, including those in my New Hampshire: The Supreme Court There are 16,811 people in South Da- State. The key to this Affordable Care decision could raise taxes on almost kota who will get tax increases and Act is for individuals and small busi- 30,000 people—29,996 people—in New less health care if the Supreme Court nesses to be able to pool their risk to Hampshire who have health insurance makes the wrong decision, if the Su- help drive down the cost for everyone, now, most for under $100 a month. They preme Court in this case sides with the and it is doing that. will probably lose their health care and Republican position. So the law created the marketplaces the bonus is they will get a tax in- Tennessee: 155,753 people in Ten- where Americans could shop. We also crease that will, in total, be almost $8 nessee will see their taxes go up, with wanted to give States the right to cre- million. a total of about $34 million just from ate a marketplace of their own, if that New Jersey, the Garden State: 172,345 Tennessee alone. was their preference. Now, here is the people in New Jersey are all looking at Texas: And here we begin to see big- important part. We didn’t want States about $54 million in tax increases—this ger numbers. Again, big State, big to feel like they were being forced to is New Jersey alone—who will get less numbers—832,334 people in Texas, and create a marketplace, so we gave them health care and more taxes. we are talking about over $205 million a choice: either a Federal marketplace North Carolina, the Tar Heel State: in increased costs, increased taxes on or you could choose a State market- 458,738 people. That is a lot of people in people who live in Texas who just want place. North Carolina—458,738 people—who to be able to provide health care for The Federal marketplace created today have the peace of mind of know- themselves and their children. That is healthcare.gov. With healthcare.gov, ing if they get sick, they can go to a all. This is not some big frill we are every American has an opportunity to doctor, take their children to the doc- talking about here. It is pretty basic. go online to see if they qualify for tor, they can prevent themselves from We cannot control whether we get sick. these savings, driven by the tax credits getting sick by having preventive care We are looking at 832,000-plus people created within the Affordable Care Act. and cancer screenings and all those who are holding their breath waiting to The great news is that 6.4 million things we want for ourselves and our see what the Supreme Court is going to Americans are getting those tax cuts families. They will see their taxes go do and whether they are going to side right now. up if the Supreme Court sides with the with them or they are going to side Now the Court is considering the lu- Republican position. with the Republican position. dicrous idea that Congress actually North Dakota: 14,115 individuals will Utah: 86,330 individuals in Utah who meant to make those tax credits avail- see their taxes go up. We are looking at will see their taxes go up, all together able in States that created their own $3.3 million in small States such as about $18 million. exchanges but only in those States; North Dakota where families will pay Virginia: 285,938 people. Pretty close that somehow we were not trying to an increase in taxes. by in Virginia. Again, on average, they make sure everybody in the United Ohio: 161,011 people in Ohio. The will see a $258 increase in their taxes or States had access to affordable health Buckeye State—the great rivals of my a total of $74 million from Virginia. care and lower taxes and to put that State. There are 161,011 Ohioans who This is just across the bridge here. money toward providing health care— are looking at $41 million in total tax West Virginia, the Mountain State: not every exchange, not every State, increases. They are looking at less We have 26,145 West Virginians who not every person buying health insur- health care and more taxes if the Su- would all, in total, see over $8 million ance, only Americans living in States preme Court sides with the Republican coming out of the State of West Vir- with a State-created exchange. That is position sometime between now and ginia if the Supreme Court sides with what they have to believe in order to the end of the month. the Republican position on the tax take the position the Republicans are The Sooner State of Oklahoma: 87,136 credits under health care. asking us to take. people living in Oklahoma. This is an- Wisconsin: 166,142 people. This is an- I can’t think of a single instance in other State near and dear to me. This other close neighbor of ours in Michi- the history of our country where Mem- is where my mom grew up. She lived on gan. There are 166,000-plus people who bers of the U.S. Congress have voted to a farm and actually picked cotton. I will see over $52 million coming right give tax cuts to people in one State and know how hard they work. So 87,136 across Lake Michigan, as we look not to people in another State, particu- people in Oklahoma will see over $18 across at Wisconsin. So less health care larly if it is their own State that is not million come from this State. These and taxes go up if the Supreme Court getting the tax cut. are men and women who just want to gets this wrong and sides with the Re- Senator Max Baucus from Montana make sure they have health care for publican position. was chair of the Finance Committee at their children so they can respond if And finally, Wyoming: 16,937 individ- that time. In Montana, there was no somebody gets sick, if somebody has uals and over $7 million coming from plan to set up a State health care ex- cancer, if somebody needs to have some the State of Wyoming in total taxes if change. It is totally absurd to suggest health care help. They will see less the Supreme Court gets this wrong. that Senator Baucus would help health care and $18 million more in tax Madam President, a central question write—would lead the writing of a increases if the Supreme Court sides for Justices to consider in King v. health care bill with tax cuts for the

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.009 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4070 CONGRESSIONAL RECORD — SENATE June 11, 2015 people of other States and not his own health care coverage for good. Then we where regulatory overreach has become State. Why would I, as a Senator from can move on and spend our time more normal, and the size of the Federal Michigan, push so hard for these tax productively, focusing on how to make Register has topped 80,000 pages for 4 credits in the Affordable Care Act that a good law even better for families, out of the 6 years of the President’s my own constituents wouldn’t qualify communities, businesses, and pro- time in office. With this administra- for but people in other States would? viders. I hope that will be the oppor- tion, we are seeing a high-water mark That makes no sense whatsoever. The tunity we will have. of regulations that are drowning Amer- legislative intent here is crystal clear. I yield the floor. ican families and businesses. So we have this bizarre situation The PRESIDING OFFICER (Mrs. The flood of regulations has been get- where colleagues across the aisle are FISCHER). The Senator from Wyoming. ting bigger every year for the past 21⁄2 asking the Court to strike down the decades under administrations from f tax cuts and raise taxes on millions of both parties. We can’t afford to keep their own constituents. EXECUTIVE SESSION piling on these rules. The economic My belief on this issue is the same as burden of Federal regulations is clear. it was 5 years ago when I pushed the One study estimated that the regu- tax credits through the Finance Com- NOMINATION OF DOUGLAS J. KRA- latory burden in the United States cost mittee: The right to get those tax cred- MER TO BE DEPUTY ADMINIS- more than $1.8 trillion in 2014 and was its has nothing to do with where you TRATOR OF THE SMALL BUSI- bigger than the GDP of India. live in the United States of America; it NESS ADMINISTRATION My second chart puts this in perspec- has to do with whether you need health tive: Only the 10 largest economies are care for yourself and your children. If Mr. ENZI. Madam President, I ask unanimous consent that the Senate bigger than the U.S. regulatory burden you are an American, then you deserve all by itself. the opportunity to receive these tax proceed to executive session to con- sider Executive Calendar No. 145, and This burden is real. Some studies cuts that will make health care afford- have estimated the regulatory drag on able for you and your family. Whether that the Senate proceed to vote with- out intervening action or debate on the economic growth in the United States you get your plan through a State ex- to be as high as 2 percent per year over change or through the Federal Govern- nomination; that following the disposi- the last 61⁄2 decades. An annual report ment, it doesn’t matter. That was in- tion of the nomination, the motion to from the Competitive Enterprise Insti- tent of the law when we wrote it; that reconsider be considered made and laid tute also noted that in 2014 regulations is how the law has worked since the upon the table; that no further motions cost the average household nearly marketplace opened; and that is how it be in order to the nomination; that any $15,000. A study by the Small Business should continue into the future. statements related to the nomination Finally, I want to make it absolutely be printed in the RECORD; that the Administration found that regulations clear that the bill authored by the Sen- President be immediately notified of increase costs by more than $10,000 per employee. ator from Wisconsin, Mr. JOHNSON, is the Senate’s action and the Senate The fact that we cannot afford this not a repeal-and-replace plan; it is a then resume legislative session. Trojan horse that would completely de- The PRESIDING OFFICER. Is there burden is just as clear. Economic stroy the health care law that is cur- objection? growth in the first quarter shrank by rently providing medical care for over Without objection, it is so ordered. seven-tenths of 1 percent. If we get a 16 million Americans in our country. The clerk will report the nomination. growth of 1 percent, it increases the Experts tell us it would lead to a death The legislative clerk read the nomi- revenue, without raising taxes, to the spiral, where rates would go up so high nation of Douglas J. Kramer, of Kan- United States by $300 billion. That is that only sick people would be willing sas, to be Deputy Administrator of the according to the Congressional Budget to pay the premiums, making insur- Small Business Administration. Office. According to the President’s ance completely unaffordable for The PRESIDING OFFICER. The budget person, it would increase it by American families. It would let your question is, Will the Senate advise and $400 billion. Imagine what a seventh- State decide what health benefits are consent to the nomination of Douglas tenths loss costs us. Complex regulations are costly and essential to your family, meaning a J. Kramer, of Kansas, to be Deputy Ad- time-consuming, especially for small family in Iowa could have completely ministrator of the Small Business Ad- businesses. Small business owners and different protections from someone liv- ministration? their employees have to take on dozens ing a few miles away in Minnesota. It The nomination was confirmed. of different responsibilities to make puts an expiration date on the tax The PRESIDING OFFICER. Under their business work. They have to be credits that make health coverage af- the previous order, the motion to re- compliance experts now, and that fordable. Conveniently enough, though, consider is considered made and laid takes time and resources away that it extends the tax cuts until after the upon the table and the President will they need to put toward growing their 2016 election. And there is the real dan- be immediately notified of the Senate’s business and succeeding. I have spoken ger that when the guarantee of these action. tax cuts expires in September 2017, to many businesses in Wyoming that they will not be renewed. By putting f have stopped measuring their permit- that expiration date after the election, LEGISLATIVE SESSION ting applications in pages because it is it is clear that this bill’s first priority easier to measure them in feet. The PRESIDING OFFICER. The Sen- Businesses are struggling in this reg- isn’t finding a way to make health care ate will now resume legislative session. affordable; its priority is delaying a ulatory environment because they The Senator from Wyoming. massive tax increase until after the can’t make long-term plans for invest- election. The priority is to win an elec- f ments. They don’t know what new reg- ulation might come out next month tion first and dismantle affordable FEDERAL REGULATIONS health care coverage second. that will change their entire business My hope and, frankly, my prayer is Mr. ENZI. Madam President, I rise model. And the problem with complex that the Court recognizes what I know today to speak about the growing bur- permitting and regulatory require- to be true: that the language of this den of Federal regulations and the need ments is not just the cost that existing law is consistent with the original in- to rein in the creation of new rules and businesses have to bear; it also comes tent, which is clear from the very first the expansion of existing rules. The as a cost in businesses that don’t even words of the law, title I, page 1. Here is regulatory burden in 2014 is reported to get started because the Federal Gov- what it says: ‘‘Quality, Affordable be nearly $2 trillion, and the Federal ernment has placed a mountain of pa- Health Care for All Americans’’—not Register last year came out to nearly perwork between their idea and suc- Americans in some States and not oth- 78,000 pages of new rules and regula- cess. ers, all Americans. tions. This chart shows that 78,000 The rush of regulations by this ad- It is my deep hope that the Court rul- pages of regulations is all too common, ministration is clear. President ing will allow us to lock in affordable especially for this administration, Obama’s administration has issued

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.010 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4071 more than 80 regulations that have a dustry will be less profitable. Make it In the case of the Colowyo Mine, price tag of more than $100 million more expensive to use coal to produce though, a 2007 permit is being brought each. That is, at a minimum, $80 bil- energy, and consumers will see a hit on into question by a Federal court that lion in costs for this administration’s their energy bills each and every has given this mine 120 days—the Of- rules. month. Make it more difficult to turn fice of Surface Mining—to rectify a de- But what is more disturbing is not a profit with coal, and coal workers cision that was made back in 2007. This just the willingness to churn out more will find themselves with fewer bene- is a court case that was brought 8 years redtape but to find new and creative fits, less job security, and a lot less em- after the 2007 permit was granted. ways to do it. Agencies are only sup- ployment, which costs the government If the 120 days go by and the court de- posed to create new rules when they more for unemployment. cides that the review was not complete have clear authority from Congress to This administration has made it by the Office of Surface Mining, it do so and can demonstrate a real need clear that they do not care about these could result in a shutdown of the for the regulations. However, we are costs. The Small Business Advocate Colowyo Mine. As you mentioned, this seeing more and more examples of the wrote EPA that their review panel on will result in 220 layoffs. Communities administration finding new justifica- the Clean Power Plan was only check- in western Colorado of Craig and Meek- tions and new interpretations of laws ing the box and ‘‘is unlikely to succeed er will be devastated. that Congress has passed in order to at identifying reasonable regulatory This mine is responsible for about get around Congress. alternatives for small businesses.’’ The $200 million in economic impact to President Obama said that because incomplete information they provided Western Colorado. It pays almost $10 he is unable to rely on Congress to ‘‘greatly limits [small entity rep- million to the Federal Government in achieve his agenda, he intends to use resentatives’] ability to propose poten- terms of taxes. It pays about $1 million Executive orders. We have seen that tial regulatory flexibilities or discuss to the State of Colorado in terms of with the Environmental Protection the costs and benefits of particular reg- severance taxes. Think about the im- Agency, the National Labor Relations ulatory alternatives.’’ pact that losing 220 people would have on the Main Street of Craig, CO, and on Board, the Consumer Financial Protec- Rural electric cooperatives, trans- the people of Meeker, CO. Think about tion Bureau, which is collecting mission companies, and municipal util- the impacts this would have on fami- everybody’s data as we speak, the Na- ities are going to bear the costs of lies and the kids of the 220 employees tional Security Agency, and so many these coal regulations. This is where who are being pulled out of school sys- other Federal agencies that are willing our communities get their electricity, tems. Maybe $100,000 or more of impact to read new authorities into existing so those costs will likely be passed on to schools that can barely afford the laws and grant themselves new powers to consumers. Businesses really have loss already. That is just to mention that Congress never intended. no other choice. the direct impacts to those commu- One place that is willing to force Several Members are pushing back on nities of this court decision, and, by through an agenda regardless of con- this regulatory overreach. For exam- the way, we only have about 85 or 86 gressional intent, the will of the peo- ple, I am proud to cosponsor a bill Sen- days left to rectify this permit decision ple, or the Constitution, is in the en- ator VITTER introduced earlier this if the Department of the Interior de- ergy sector. Energy is one of the main week to protect small business from cides they are not going to appeal this drivers of our economy. Yet, this ad- the onslaught of regulations. But the decision. You have about 80-some days ministration is doing everything it can recent case of the Colowyo mine is a to make this decision that could affect to wage a regulatory war on coal by re- good example of how the administra- tion does not care about a loss of jobs the lives of 220 people, that could affect leasing rules and regulations designed or costs to consumers and is a clear $200 million worth of economic activ- to make coal harder to produce and signal to Congress that we have to do ity. making energy more expensive to use more to oppose this. You mentioned that this power is in our Nation. Anyone who uses elec- Coal produced by this mine is respon- from an electric co-op. The Senator tricity should be concerned about sible for employing over 200 people. from Wyoming mentioned that this this—oh yeah, that is everybody, isn’t The Craig Power Station in Senator power is from an electricity co-op, a it? GARDNER’s State of Colorado sends cooperative. There are no shareholders. I recently talked to some sisters who power to a tristate cooperative which There are no stockholders. There is no were driving from Arizona to Wyoming. provides service in the West. If the co- guaranteed income to Tri-State. They were running low on gas, so they operative goes offline, electricity This is an organization that is a co- stopped in Colorado to fill up. The prices for electric customers will rise. operative. It is designed to be owned by power was out at the gas station, so Why would it go offline? Because of a its members, those people who receive they couldn’t pump gas or get a snack little vacation on the mine planned power through the cooperative. When or use the restroom. All of these from 2007. we increase the cost of electricity by things—the gas pump, the cash reg- Senator GARDNER, will this affect closing down a mine that feeds the ister, the restroom lights—depend on your State’s mine? But it also sets a Craig Power Station, in this case, you electricity. Think of all the things wider precedent against our most de- are increasing the cost of that elec- around you that depend on electricity. pendable fuel source. tricity. You are taking money out of Almost everything we do depends on So what does taking this one mine the hands of members across the Tri- electricity. Yet, this administration offline—I know they are picking on a State region, whether that is in Wyo- seems to want to do anything it can to small one. That is easier to do than ming, Colorado, New Mexico or Ne- drive up the cost of electricity. pick on a big one. But what does it braska. Those costs will get borne by A few years ago, Senators on both mean to your constituents? the members of the cooperative. sides of the aisle realized that coal is The PRESIDING OFFICER. The Sen- One thing that we know as well is one of our best sources of energy, the ator from Colorado. that Tri-State is one of those coopera- only stockpileable one, and rejected a Mr. GARDNER. I thank the Senator tives that provide electricity to some cap-and-tax as an extremely expensive from Wyoming through the Chair for of the poorest areas in Colorado. They and bad idea—bipartisan. Now the ad- bringing that point to our colleagues are some of the areas that can least af- ministration is moving forward on a about what is happening in western ford it. As a result of this decision, it backdoor cap-and-tax proposal. They Colorado and the Colowyo mine. will increase the cost of electricity, believe the best way to reach their The Senator from Wyoming men- and those costs will be borne by those goals of promoting alternative energy tioned in his comments that sometimes people who can least afford it—people sources is to make the current sources the regulations from this administra- on low income, people on fixed income, more and more expensive to produce tion can and should be measured in a people in rural areas of our State who and to use. This hurts consumers, it matter of feet and not just pages be- do not have as high an income as other hurts jobs, and it hurts our economy. cause that is how many new regula- areas in the State or country may It is a simple fact: Make it more ex- tions are being piled upon businesses in have. This will have a significant eco- pensive to mine coal, and the coal in- this country. nomic impact.

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.011 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4072 CONGRESSIONAL RECORD — SENATE June 11, 2015 In fact, the Senator from Wyoming review. Given the importance of this mine to mine plan approval was issued by your office. may or may not know that a number of the economies of the region, we ask that you Coal produced by this mine, located in Members of Congress from the Colo- do everything possible to respond to the Moffat and Rio Blanco counties, is then used rado congressional delegation have judge’s order and remedy the situation as ex- to generate power at the Craig station and is peditiously as possible. If needed, we encour- responsible for employing over 200 people written letters to the Department of age OSMRE to petition the court for an ex- with a payroll of around $20 million dollars. the Interior urging them to appeal this tension of the time granted to complete the Requested actions include urgently deploy- decision as well as to put a stay on this supplemental environmental review. In addi- ing sufficient personnel with the resources decision, as we have 80-some days left tion, we encourage you and OSMRE to ap- and expertise to complete the supplemental and because 220 people, their lives, peal the decision if appropriate, given poten- NEPA work within the 120 day window pro- their livelihoods, their jobs are at tial adverse impacts on mines in Colorado vided by the District Court. Colowyo Coal Mine is a significant contrib- stake, and these are small commu- and other federal permitting decisions. Thank you for your consideration. If we utor to both of the counties’ economies. The nities. They are communities that can can be of any assistance, please do not hesi- adverse effects of shutting down this mine go be economically devastated with 220 tate to call on us. beyond the jobs at the mine that would be job losses. Sincerely, lost. We surely do not need to impress upon The Presiding Officer represents a JOHN W. HICKENLOOPER, your office the potentially devastating im- State where there are many towns Governor. pact of reducing operations at two of the where five jobs are a really big deal, counties’ largest employers as well as one of CONGRESS OF THE UNITED STATES, the largest electricity providers in the west- two jobs are a really big deal, one job ern half of the state. is a really big deal. For a community HOUSE OF REPRESENTATIVES, June 2, 2015. In addition, we strongly urge OSM to that is the size of the town that I live Hon. SALLY JEWELL, evaluate the propriety of an appeal. Without in—3,000 people or so—to lose 220 jobs Secretary, Department of the Interior, Wash- remarking on the reasoning of the Court would be economic catastrophe. ington, DC. contained within the decision itself, the re- Madam President, I ask unanimous DEAR SECRETARY JEWELL: I write regarding sult nonetheless creates adverse precedent with other suits pending, which would harm consent to have printed in the RECORD the recent federal District Court ruling af- fecting the Colowyo mine in Colorado. The not only Colowyo and the town of Craig, but a letter from Governor John potentially numerous other mining oper- Hickenlooper to the Honorable Sally ruling found the Office of Surface Mining Reclamation and Enforcement (OSMRE) ations and towns in other states as well. The Jewell, Secretary of the Interior, ask- failed to fulfill the requirements of the Na- federal government must vigorously defend ing for an appeal of this decision. I also tional Environmental Policy Act when ap- the legality of its permitting actions, and ask unanimous consent to have printed proving the amended mining plan in 2007. leave policy debates over the role of coal to in the RECORD a letter written by Con- The ruling gave OSMRE 120 days to re-exam- the legislative and rulemaking proceedings gressman ED PERLMUTTER to appeal ine the application and comply with the defi- where those debates belong. this decision. In addition, I ask unani- ciencies identified by the Court. Respectfully, CORY GARDNER, mous consent to have printed in the I am concerned this ruling could have a damaging impact on communities in Moffat U.S. Senator. RECORD a letter that I wrote, as well as and Rio Blanco Counties. The mine supports SCOTT TIPTON, Congressman SCOTT TIPTON wrote, ask- more than 200 employees, over $200 million in Member of Congress. ing and urging for an appeal of this de- annual economic impact to the region, and is The PRESIDING OFFICER. The Sen- cision. important to the steady supply of coal for ator from Wyoming. There being no objection, the mate- Craig Station Power Plant which provides Mr. ENZI. Madam President, I thank rial was ordered to be printed in the electricity to thousands of Coloradans. the Senator from Colorado for his in- RECORD, as follows: Quick resolution to this case is important so these workers and communities have the cer- sights. This is the beginning of a proc- STATE OF COLORADO, tainty they need. ess of eliminating coal mining in the OFFICE OF THE GOVERNOR, I understand OSMRE is working with the United States. Here is a company that Denver, CO, May 22, 2015. State of Colorado pursuant to the Court’s has their permit for 8 years for mining Hon. SALLY JEWELL, 120-day timeline to conduct additional public coal, and that permit took extensive Secretary of the Interior, Department of the In- outreach and considerations in the environ- terior, Washington, DC. permitting. Now what they are saying mental assessment. The Colowyo Coal Com- is that you have to take a look at DEAR SECRETARY JEWELL: On May 8, 2015, a pany also filed an appeal of the decision last federal District Court judge in Denver issued week. While OSMRE must continue working where the coal is burned to see what a decision that could have significant im- to follow the Court’s orders, I believe the In- the impacts are. That has never been pacts to communities in Moffat and Rio terior Department should also direct the one of the requirements. Again, it is Blanco Counties, in northwest Colorado. Justice Department to appeal the Court’s de- one of those increases in regulation That ruling found that the Interior Depart- cision. that this administration is fond of. It ment’s Office of Surface Mining Reclamation Thank you for your consideration and your is designed to put things out of busi- and Enforcement (OSMRE) failed to perform attention to this important issue. adequate public notice and environmental ness, to raise costs. Sincerely, I ask unanimous consent to have analysis when approving a mining plan for ED PERLMUTTER, printed in the RECORD an article called the Colowyo Coal Mine pursuant to the Na- Member of Congress. tional Environmental Policy Act. Colowyo ‘‘The Case For Legislative Impact Ac- employs 220 people, contributes over $200 CONGRESS OF THE UNITED STATES, counting Economics 21,’’ which is part million to the regional economy, generates Washington, DC, May 21, 2015. of the Manhattan Institute. royalties and taxes estimated at $12.0 million Hon. SALLY JEWELL, There being no objection, the mate- annually, and provides affordable and reli- Secretary of the Interior, Department of the In- rial was ordered to be printed in the able electricity to Colorado and the Inter- terior, Washington, DC. RECORD, as follows: mountain West. SECRETARY JEWELL: On May 8, 2015, the [June 9, 2015] The final judgment in the Colowyo case Federal District Court for the District of stated that the court will void OSMRE’s ap- Colorado issued an order determining that THE CASE FOR LEGISLATIVE IMPACT ACCOUNT- proval of the mining plan if the agency does the Office of Surface Mining (‘‘OSM’’) failed ING ECONOMICS 21 (PART OF THE MANHATTAN not, within 120 days, supplement the envi- to comply with the National Environmental INSTITUTE) ronmental analysis, provide public notice Policy Act (‘‘NEPA’’) in 2007, when it issued (By Jason J. Fichtner, Patrick A. and an opportunity to comment, and render a mine plan approval for the Colowyo Coal McLaughlin) a new decision. Such a result would effec- Mine. The Court gave OSM 120 days to pre- For the first time in six years, Congress fi- tively shut down the Colowyo Coal Mine, re- pare a new analysis and issue a new decision. nally passed a budget resolution. The federal sult in layoffs for all 220 individuals, impact If OSM does not complete the process in 120 budget process, when it works, permits Con- hundreds of other families and businesses in days, the Court stated that it would vacate gress to monitor and fund programs based on the region, and eliminate the principle the mine plan, effectively shutting down the their fiscal impact. Yet every Congressional source of coal for the Craig Station Power Mine. budget masks the true economic costs of fed- Plant. We write to urge you to take all necessary eral spending. Mandatory spending, which We have expressed our concerns to OSMRE and appropriate action to ensure the contin- makes up the vast majority of federal spend- about these impacts and pledged to play ued operation of the Colowyo Coal Mine, ing and includes interest on the national whatever role we can to minimize them, in- which is a critical component of northwest debt, Social Security, Medicare and Med- cluding participation as a cooperating agen- Colorado’s regional economy and has respon- icaid, is not part of the annual budget proc- cy in OSMRE’s supplemental environmental sibly operated in the eight years since the ess. Also excluded from the annual budget

VerDate Sep 11 2014 05:02 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.012 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4073 process are the costs of regulations. In fact, tary construction, and for defense activities tions in order for us to move forward the vast majority of economic costs induced of the Department of Energy, to prescribe and complete this legislation. by federal actions remain off the books. military personnel strengths for such fiscal Meanwhile, the world moves on, and We propose reforming the legislative and year, and for other purposes. there are greater and greater chal- regulatory processes to put these costs on Pending: the books. After all, proper budgeting is lenges to our security. In fact, this about making trade-offs between competing McCain amendment No. 1463, in the nature morning the New York Times says: wants and limited resources, and it requires of a substitute. ‘‘Trainers Intended as Lift, but Quick planning, setting priorities and making dif- McCain amendment No. 1456 (to amend- Iraq Turnaround Is Unlikely.’’ That is ficult decisions. But these decisions cannot ment No. 1463), to require additional infor- The New York Times. be made without a more complete under- mation supporting long-range plans for con- The New York Times says: struction of naval vessels. standing of the direct and indirect costs of Mr. Obama’s plan does not call for small proposed legislation and spending bills, and Cornyn amendment No. 1486 (to amend- ment No. 1463), to require reporting on en- teams of American troops to accompany their regulatory Progeny. Our proposal, Iraqi fighters onto the battlefield, to call in called legislative impact accounting, would ergy security issues involving Europe and the Russian Federation, and to express the airstrikes or advise on combat operations. provide that information to Congress. Nor is it likely to significantly intensify an Estimates of the total cost of regulations sense of Congress regarding ways the United States could help vulnerable allies and part- air campaign in which American warplanes vary widely, but by any account, they rep- have been able to locate and bomb their tar- resent a significant cost to the economy. ners with energy security. Vitter amendment No. 1473 (to amendment gets only about a quarter of the time. Government economists in the Office of ‘‘This alone is not going to do it,’’ said Management and Budget tally up the direct No. 1463), to limit the retirement of Army combat units. Michele A. Flournoy, who was the senior pol- compliance costs associated with rules cre- icy official in the Pentagon during Mr. ated in the last decade that have an effect of Markey amendment No. 1645 (to amend- ment No. 1463), to express the sense of Con- Obama’s first term. ‘‘It is a great first step, more than $100 million annually. OMB’s but it should be the first in a series of steps.’’ most recent estimate was that annual costs gress that exports of crude oil to United fall between $57 and $84 billion. Conversely, States allies and partners should not be de- One of the reasons I have that quote economists John Dawson and John Seater termined to be consistent with the national from Michele Flournoy is that it is not estimated how the economy would look if interest if those exports would increase en- just former Bush administration offi- federal regulations were held to 1949 levels— ergy prices in the United States for Amer- cials. It is former Obama administra- essentially asking the question: What if, in- ican consumers or businesses or increase the tion officials who all agree that what stead of spending resources on regulatory reliance of the United States on imported oil. we are doing is without strategy and compliance, businesses invested in research without prospect of success. and development? The answer was shocking. Reed (for Blumenthal) amendment No. 1564 (to amendment No. 1463), to increase civil POLITICO article: ‘‘Obama’s Iraq In 2011, instead of $15.1 trillion, annual GDP quagmire.’’ would have equaled $54 trillion . . . penalties for violations of the Servicemem- Our proposal, legislative impact account- bers Civil Relief Act. The President finds himself dragged back ing, would incorporate economic analyses of McCain (for Paul) modified amendment No. into a war he was elected to end. legislation and regulation into the budget 1543 (to amendment No. 1463), to strengthen When pressed on why the latest efforts do process in two ways: First, when new legisla- employee cost savings suggestions programs not include having American troops serve as tion is proposed, an independent office—per- within the Federal Government. spotters for airstrikes or sending Apache air- haps the Congressional Budget Office—would Reed (for Durbin) modified amendment No. craft to back up the Iraqi troops, Deputy Na- produce an estimate of the economic costs 1559 (to amendment No. 1463), to prohibit the tional Security Adviser Ben Rhodes told re- the legislation would create. Importantly, a award of Department of Defense contracts to porters the president ‘‘has been very clear legislative impact assessment would attempt inverted domestic corporations. he’ll look at a range of different options.’’ to consider economic costs of proposed legis- McCain (for Burr) modified amendment No. That is encouraging that the Presi- lation, not just budgetary outlays. Examples 1569 (to amendment No. 1463), to improve cy- dent has been very clear. I love it. All bersecurity in the United States through en- of some of the effects that could be included these spokespeople use two sorts of as specific line items are: direct compliance hanced sharing of information about cyber- security threats. fillers: One is ‘‘very clear’’ and the costs, employment effects, technological other is ‘‘quite frankly.’’ hindrances, trade distortions, and changes to Feinstein (for McCain) amendment No. 1889 the cumulative regulatory burden. This type (to amendment No. 1463), to reaffirm the pro- Do you ever notice that? Isn’t that of analysis is not unprecedented. The Euro- hibition on torture. interesting? Maybe we should take pean Commission provides impact assess- Fischer/Booker amendment No. 1825 (to that out of their vocabulary—‘‘very ments on all legislation considered by the amendment No. 1463), to authorize appropria- clear’’ and ‘‘frankly’’—when they are European Parliament. tions for national security aspects of the neither clear nor frank. Second, legislative impact accounting Merchant Marine for fiscal years 2016 and But anyway, Mr. Rhodes said—he is 2017. would require retrospective analyses of the really a very interesting guy: ‘‘The economic effects of legislation, starting five The PRESIDING OFFICER. The Sen- U.S. military cannot and should not do years after the legislation passed. The idea is ator from Arizona. this simply for Iraqis, and, frankly, to learn what the real effects have been, and Mr. MCCAIN. Madam President, as to then update the original estimates pro- Iraqis want to be in the lead them- we return to the legislation, unfortu- selves.’’ duced in the first stage. This would effec- nately we are still, apparently, unable tively create a much-needed feedback loop ‘‘The U.S. military cannot and that communicates information about the to move forward with managers’ pack- should not do this simply for Iraqis.’’ economic effects of legislation back to Con- ages and amendments and others. So I Does anyone in the world think that gress. would like to apologize to my col- the United States of America would be Mr. ENZI. I yield the floor. leagues on both sides of the aisle who engaged simply for Iraqis? Has Mr. have pending amendments, who have f Rhodes ever listened to Mr. Baghdadi parts of managers’ packages, and who and ISIS and their intentions to attack CONCLUSION OF MORNING have invested so many hours of time and destroy America as much as they BUSINESS and effort to this legislation, not to possibly can? The PRESIDING OFFICER. Morning mention members of the committee POLITICO: ‘‘Trainers or advisors? business is closed. who spent an inordinate amount of White House and Pentagon don’t time putting together a Defense au- f agree.’’ thorization bill that I think all of us on The White House says the new batch of NATIONAL DEFENSE AUTHORIZA- both sides, with the exception of four troops deploying to Iraq are going to train TION ACT FOR FISCAL YEAR 2016 who voted against it, were proud of and Iraqi recruits to fight the Islamic State. The The PRESIDING OFFICER. Under a product that was accomplished in a Pentagon says the 450 American personnel the previous order, the Senate will re- bipartisan fashion. headed to Al-Taqaddum Air Base are going sume consideration of H.R. 1735, which I, again, want to thank my friend over just as advisers. from Rhode Island for all of his hard The mixed signals come as President the clerk will report. Barack Obama struggles to find a balance be- The legislative clerk read as follows: work. But apparently right now we are tween achieving his goal of ‘‘degrading and A bill (H.R. 1735) to authorize appropria- still stuck in resistance. Rather than ultimately destroying’’ the terrorist group tions for fiscal year 2016 for military activi- go through all of the reasons why, I known as the Islamic State in Iraq and the ties of the Department of Defense, for mili- hope we can have some serious negotia- Levant while avoiding restarting a war in

VerDate Sep 11 2014 05:02 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.027 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4074 CONGRESSIONAL RECORD — SENATE June 11, 2015 Iraq that he has worked to end since he be- The Wall Street Journal, ‘‘The New complex. We cannot in good conscience came President in 2009. Cold War’s Arctic Front: Putin is mili- agree to reward the Russian military From The Wall Street Journal edi- tarizing one of the world’s coldest, industrial base with over $300 million torial this morning: ‘‘Obama’s Latest most remote regions.’’ in rocket engines while they occupy Iraq Escalation.’’ The Washington Post: Crimea, destabilize Ukraine, send President Obama all but admitted on The U.S. should send aid to democracy’s weapons to Iran, and violate the 1987 Wednesday that his strategy against the Is- front lines in Ukraine. Intermediate-Range Nuclear Forces lamic State is flailing by ordering an addi- In the past several months, Ukraine’s free- Treaty. ly elected government has taken dramatic tional 450 U.S. military advisers to join the The bill before us today would limit 3,500 already in Iraq. Alas, this looks like steps to reform its economy, fight corruption more of the half-hearted incrementalism and rebuild democratic institutions. It has the use of Russian rocket engines and that hasn’t worked so far. imposed painful austerity on average restates the committee’s direction to The fundamental problem with Mr. Ukrainians, stripped oligarchs of political end the use of Russian engines for na- Obama’s strategy is that he is so determined and economic privileges and rewritten laws tional security space launches by 2019. to show that the U.S. isn’t returning to war to encourage free enterprise and foreign in- There are some who want to continue in Iraq that he isn’t doing enough to win the vestment. It has done all this even while our Nation’s dependence on Russian war we are fighting. In September he pledged fighting a low-grade war against Russia, to ‘‘degrade’’ and ultimately ‘‘destroy’’ which has deployed an estimated 10,000 rocket engines. The NDAA would put ISIS—the kind of commitment a U.S. Presi- troops to eastern Ukraine and, with its local an end to this dependence and stop dent must never make lightly. But his fitful proxies, attacks Ukrainian forces on a near- hundreds of millions of dollars from bombing and timid special-forces campaign daily basis. . . . What’s missing is a decision going to Vladimir Putin. We can meet hasn’t been able to stop the jihadist ad- by Mr. Obama to make the defense of our national security space needs with- vances, much less drive it out of Iraq’s west- Ukraine a priority. The president has ceded out Russia, and we must lead by exam- ern cities. leadership on the issue to Germany and ple by eliminating our dependence as The longer ISIS stands up to a U.S. Presi- France and overridden those in his adminis- dent pledging its destruction, the more of a tration and Congress who support arms de- quickly as possible and fostering com- magnet it becomes for young men willing to liveries. . . . A stronger U.S. commitment to petition. die for its perverted form of Islam. Ukraine will not guarantee its success. But I say to my colleagues, we have two Again, an article in the Wall Street Mr. Obama’s lukewarm support risks a cata- launch providers, ULA and SpaceX. Re- Journal today: ‘‘To U.S. Allies, Al strophic failure for the cause of Western de- gardless of the Russian RD–180, we will mocracy. Qaeda Affiliate in Syria Becomes the be able to provide full redundant capa- Lesser Evil.’’ I cannot emphasize enough to my bilities by 2017 with the Delta IV, Fal- This is what so many of us were so colleagues that this is a critical and con 9, and Falcon Heavy. There will be concerned about when we literally fundamental issue as to whether we no capability gap. The Atlas 5 is not begged for help for the Free Syrian will provide defensive weapons to going anywhere anytime soon. With Army back as long ago as 3 years ago— Ukraine, and I would remind my col- the engines allowed under this amend- that we would end up in a situation leagues who don’t want to send Amer- ment, ULA has enough Atlas 5s to get where we had the Faustian choice of Al ican troops anywhere that they are not them through at least 2018, if not later. Qaeda, Bashar al-Assad versus Al asking for American troops. They are As the New York Times editorial Qaeda or Al Qaeda-affiliated organiza- not asking for a single boot on the board stated last week: tions. That is a scenario that most of ground. Why in the world we can’t pro- When sanctions are necessary, the coun- us said might happen, unless we sup- vide them with defensive weapons is tries that impose them must be willing to ported the Free Syrian Army. something I will never understand as pay a cost, too. After leaning on France to The Wall Street Journal says: long as I live. cancel the sale of two ships to Russia be- cause of the invasion of Ukraine, the United In the three-way war ravaging Syria, The New York Times, ‘‘Hackers May States can hardly insist on continuing to should the local Al Qaeda branch be seen as Have Obtained Names of Chinese with buy national security hardware from one of the lesser evil to be wooed rather than Ties to U.S. Government.’’ Mr. Putin’s cronies. bombed? And, of course, we all know that in This is increasingly the view of some of the last week some 4 million Ameri- I have a Reuter’s article from last America’s regional allies and even some cans, at least, have been hacked into year. ‘‘Comrade Capitalism: In murky Western officials. and had some of their most sensitive Pentagon deal with Russia, big profit Outnumbered and outgunned, the more for a tiny Florida firm.’’ secular, Western-backed rebels have found information broken into, which is one themselves fighting shoulder to shoulder of the arguments many of us had for ULA’s dealings with Russia are trou- with Nusra in key battlefields. consideration of the cyber bill on the bling and ethically questionable. A The list goes on and on. floor of the Senate as part of the De- Reuters investigation this past Novem- Lebanon’s Labor Minister, who is a fense bill. Obviously, we are in a cyber ber on the RD–180 raises troubling prominent Lebanese Christian politi- war. Obviously, it requires the involve- issues regarding the businesses and cian long opposed to Mr. Assad, said: ment and engagement of the Depart- shell companies that facilitate the pur- ‘‘This is great error—we refuse the choice ment of Defense, along with our intel- chase of Russian rocket engines. The between ISIS and Nusra, We want to choose ligence agencies, and that is why I am report describes a five-person company between democracy and dictatorship, not be- a bit taken aback by the vociferous op- called RD AMROSS, a joint venture be- tween terrorism and terrorism. If the Syr- position by my colleagues on that side tween Russian rocket engine manufac- ians have to choose between ISIS, Nusra or of the aisle to addressing this issue turer Energomash and Pratt and Whit- Assad, they will choose Assad.’’ since it is clearly part of the defense ney Rocketdyne that collects nearly That is exactly the situation that and security of this Nation. $93 million in cost markups. Assad has been hoping for. I would like to mention—and I appre- The article uncovers that in the past, The New York Times: ‘‘Russian ciate the indulgence of my friend from RD AMROSS was investigated by the Groups Crowdfund the War in Rhode Island—the issue of Russian Defense Contract Management Agency, Ukraine.’’ rocket engines. Less than 6 months which determined that in a previous The Novorossiya Humanitarian Battalion after the prohibition was enacted in contract, RD AMROSS had collected boasts on its website that it provided funds last year’s NDAA, which would end the $80 million in ‘‘unallowable excessive to buy a pair of binoculars used by rebels in use of RD–180 on military space pass-through charges.’’ eastern Ukraine to spot and destroy an ar- The article titled ‘‘Comrade Cap- mored vehicle. . . . It is unclear just how ex- launches by 2019, the administration tensive the fundraising network is, or how has stated they want access to 14 more italism’’ also exposed the role senior much money flows through it, though the Russian rocket engines. Agreeing to Russian politicians and close friends of separatist groups identified by The Times the administration’s request endorses Vladimir Putin play in the in the claim in social media posts to have raised another 8 years of Russian rocket en- Energomash management. The article millions of dollars. gines and over $300 million for Vladi- states that according to a Russian The New York Times, ‘‘Increasingly mir Putin and his cronies. audit of Energomash, the Russian Frequent Call on Baltic Sea: ‘The Rus- We must not reward Vladimir Putin rocket manufacturer had been oper- sian Navy Is Back.’ ’’ and the Russian military industrial ating at a loss because funds were

VerDate Sep 11 2014 05:02 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.014 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4075 ‘‘being captured by unnamed offshore ‘‘(2) In this subsection, the term ‘ brigade (B) A list of each brigade combat team pro- intermediary companies.’’ combat team’ means any unit that consists posed for disestablishment, including for Well, I just want to say there is no of— each such unit— argument for the continued purchase of ‘‘(A) an arms branch maneuver brigade; (i) the mission it is assigned to; and ‘‘(B) its assigned support units; and (ii) the assigned unit and military installa- these rocket engines from the Rus- ‘‘(C) its assigned fire teams’’. tion where it is based. sians—from Vladimir Putin and his (f) REDUCTION OF ARMY BRIGADE COMBAT (C) A list of each unit affected by a pro- cronies, one of whom was involved in TEAMS.— posed disestablishment listed under subpara- the management and has been sanc- (1) PRESERVATION OF TEAMS.—The Sec- graph (B) and a description of how such unit tioned by the United States of Amer- retary of the Army shall give priority to is affected. ica. maintaining 32 brigade combat teams for the (D) For each military installation and unit I have confidence America is capable Army as required by subsection (e)(1) of sec- listed under subparagraph (B)(ii), a descrip- of building our own rocket engines, and tion 3062 of title 10 United States Code (as tion of changes, if any, to the designed oper- I am confident we can do that in a rea- amended by subsection (e) of this section), ational capability (DOC) statement of the unit as a result of a proposed disestablish- sonable period of time—like 1 to 2 and shall carry out such priority as funding or appropriations become available to main- ment. years. For us to commit to the contin- tain such war fighting capability. (E) A description of any anticipated ued use of these rocket engines and (2) REDUCTION.—Notwithstanding sub- changes in manpower authorizations as a re- making millions and millions of dol- section (e)(1) of section 3062 of title 10 United sult of a proposed disestablishment listed lars, in this case $300 million, for Vladi- States Code (as so amended), or paragraph (1) under subparagraph (B). mir Putin and his cronies is—the ques- of this subsection, the Secretary may, after (h) REPORT MANNING OF BRIGADE COMBAT tion has to be asked of individuals who October 1, 2015, reduce the number of brigade TEAMS AT ACHIEVEMENT OF ARMY ACTIVE combat teams for the Army to fewer than 32 END-STRENGTH.—Upon the achievement of want to continue the purchase of these the end strength for active duty personnel of rocket engines from this Russian shell brigade combat teams upon the latest of the following: the Army specified in section 401(1), the Sec- company: Why do you want to help (A) The date that is 30 days after the date retary of the Army shall submit to the con- Vladimir Putin? Why do you want to on which the Secretary submits the report gressional defense committees a report on help Vladimir Putin and his cronies by required by paragraph (3). the current manning of each brigade combat giving them as much as $300 million? (B) The date that is 30 days after the date team of the Army. That is a legitimate question. on which the Secretary certifies to the con- (i) CONSTRUCTION.—Nothing in this section If any of my colleagues who support gressional defense committees that the re- should be construed to supersede Army man- duction of Army brigade combat teams will ning of brigade combat teams at designated this basically unlimited or continued levels. purchase of rocket engines from Russia not increase the operational risk of meeting the National Defense Strategy. Mr. VITTER. Madam President, I dis- rather than having it terminated in a (C) The date that is 30 days after the date cussed this amendment yesterday on reasonable and very short time, the on which the Secretary certifies to the con- the floor. It deals with brigade combat question has to be asked: Why are you gressional defense committees that funding teams in the Army, making sure we helping Vladimir Putin? Why are you or appropriations are not adequate to sus- don’t cut through fat and into meat helping his cronies? That is a legiti- tain 32 brigade combat teams for the regular and bone with regard to that essential mate question, and if any of my col- Army. part of our force. I urge bipartisan sup- leagues try to force this continued and (3) REPORT.—The Secretary shall submit to port of this commonsense amendment. unnecessary purchase of Russian rock- the congressional defense committees a re- port setting forth the following: There is already language in the un- et engines, that question needs to be (A) The rationale for any proposed reduc- derlying bill that takes similar action asked of them. tion of the total strength of the Army, in- on the Air Force side and on the Navy I yield the floor. cluding the National Guard and Reserves, I suggest the absence of a quorum. side with regard to major, significant below the strength provided in subsection (e) key units in those forces, and it is the The PRESIDING OFFICER. The of section 3062 of title 10, United States Code clerk will call the roll. (as so amended), and an operational analysis same principle that would be applied to The bill clerk proceeded to call the of the total strength of the Army that dem- the Army’s brigade combat teams. roll. onstrates performance of the designated mis- This amendment is strongly sup- Mr. VITTER. Madam President, I ask sion at an equal or greater level of effective- ported by the national organizations unanimous consent that the order for ness as the personnel of the Army so re- built around both the Army National duced. the quorum call be rescinded. Guard and the Regular Army. (B) An assessment of the implications for Madam President, I yield the floor. The PRESIDING OFFICER. Without the Army, the Army National Guard of the objection, it is so ordered. The PRESIDING OFFICER. The Sen- United States, and the Army Reserve of the ator from Rhode Island. AMENDMENT NO. 1473, AS MODIFIED force mix ratio of Army troop strengths and Mr. VITTER. Madam President, I ask combat units after such reduction. AMENDMENT NO. 1564 unanimous consent that my amend- (C) Such other matters relating to the re- Mr. REED. Madam President, I call ment No. 1473 be modified with the duction of the total strength of the Army as for regular order with respect to the Secretary considers appropriate. changes at the desk. amendment No. 1564. The PRESIDING OFFICER. Is there (g) ADDITIONAL REPORTS.— The PRESIDING OFFICER. The (1) IN GENERAL.—At least 90 days before the amendment is now pending. objection? date on which the total strength of the AMENDMENT NO. 1564, AS MODIFIED Without objection, it is so ordered. Army, including the National Guard and Re- The amendment, as modified, is as serves, is reduced below the strength pro- Mr. REED. I have a modification to follows: vided in subsection (e) of section 3062 of title that amendment, which is at the desk. On page 38, line 12, insert after ‘‘FIGHTER 10, United States Code (as amended by sub- The PRESIDING OFFICER. The AIRCRAFT’’ the following: ‘‘AND ARMY COMBAT section (e) of this section), the Secretary of amendment is so modified. UNITS’’. the Army, in consultation with (where appli- The amendment, as modified, is as On page 43, between lines 3 and 4, insert cable) the Director of the Army National follows: the following: Guard or Chief of the Army Reserve, shall At the end of subtitle G of title X, add the (e) MINIMUM NUMBER OF ARMY BRIGADE submit to the congressional defense commit- following: COMBAT TEAMS.—Section 3062 of title 10, tees a report on the reduction. SEC. 1085. INTEREST RATE LIMITATION ON DEBT United States Code, is amended by adding at (2) ELEMENTS.—Each report submitted ENTERED INTO DURING MILITARY the end the following new subsection: under paragraph (1) shall include the fol- SERVICE TO CONSOLIDATE OR REFI- ‘‘(e)(1) Effective October 1, 2015, the Sec- lowing: NANCE STUDENT LOANS INCURRED retary of the Army shall maintain the fol- (A) A list of each major combat unit of the BEFORE MILITARY SERVICE. lowing: Army that will remain after the reduction, (a) IN GENERAL.—Subsection (a) of section ‘‘(A) A total number of brigade combat organized by division and enumerated down 207 of the Servicemembers Civil Relief Act teams for the regular and reserve compo- to the brigade combat team-level or its (50 U.S.C. App. 527) is amended— nents of the Army of not fewer than 32 bri- equivalent, including for each such brigade (1) in paragraph (1), by inserting ‘‘ON DEBT gade combat teams. combat team— INCURRED BEFORE SERVICE’’ after ‘‘LIMITATION ‘‘(B) A total number of brigade combat (i) the mission it is assigned to; and TO 6 PERCENT’’; teams for the Army National Guard of not (ii) the assigned unit and military installa- (2) by redesignating paragraphs (2) and (3) fewer than 26 brigade combat teams. tion where it is based. as paragraphs (3) and (4), respectively;

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.015 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4076 CONGRESSIONAL RECORD — SENATE June 11, 2015 (3) by inserting after paragraph (1) the fol- (A) in subparagraph (A)— submitting a copy of a Department of De- lowing new paragraph (2): (i) by inserting ‘‘in the case of a lease de- fense or Department of Veterans Affairs doc- ‘‘(2) LIMITATION TO 6 PERCENT ON DEBT IN- scribed in subsection (b)(1) and subparagraph ument evidencing the military service-re- CURRED DURING SERVICE TO CONSOLIDATE OR (A) or (B) of such subsection,’’ before ‘‘by de- lated death of a spouse while in military REFINANCE STUDENT LOANS INCURRED BEFORE livery’’; and service. SERVICE.—An obligation or liability bearing (ii) by striking ‘‘and’’ at the end; ‘‘(5) OFFICIAL FORMS.—The Secretary of De- interest at a rate in excess of 6 percent per (B) by redesignating subparagraph (B) as fense shall design and distribute an official year that is incurred by a servicemember, or subparagraph (C); and Department of Defense form that can be used the servicemember and the servicemember’s (C) by inserting after subparagraph (A) the by an individual to give notice under para- spouse jointly, during military service to following new subparagraph (B): graph (1).’’. consolidate or refinance one or more student ‘‘(B) in the case of a lease described in sub- (b) EFFECTIVE DATE.—Section 303A of such loans incurred by the servicemember before section (b)(1) and subparagraph (C) of such Act, as added by subsection (a), shall apply such military service shall not bear an inter- subsection, by delivery by the lessee of writ- with respect to deaths that occur on or after est at a rate in excess of 6 percent during the ten notice of such termination, and a letter the date of the enactment of this Act. period of military service.’’; from the servicemember’s commanding offi- (c) CLERICAL AMENDMENT.—The table of (4) in paragraph (3), as redesignated by cer indicating that the servicemember has contents in section 1(b) of such Act (50 U.S.C. paragraph (2) of this subsection, by inserting been assigned to or is otherwise relocating to App. 501) is amended by inserting after the ‘‘or (2)’’ after ‘‘paragraph (1)’’; and quarters of the United States or a housing item relating to section 303 the following (5) in paragraph (4), as so redesignated, by facility under the jurisdiction of a uniformed new item: striking ‘‘paragraph (2)’’ and inserting service (as defined in section 101 of title 37, ‘‘Sec. 303A. Protection of surviving spouse ‘‘paragraph (3)’’. United States Code), to the lessor (or the les- with respect to mortgage fore- (b) IMPLEMENTATION OF LIMITATION.—Sub- sor’s grantee), or to the lessor’s agent (or the closure.’’. section (b) of such section is amended— agent’s grantee); and’’. SEC. 1088. MAKING PERMANENT EXTENDED PE- (1) in paragraph (1), by striking ‘‘the inter- (b) DEFINITION OF MILITARY ORDERS AND RIOD OF PROTECTIONS FOR MEM- est rate limitation in subsection (a)’’ and in- CONTINENTAL UNITED STATES FOR PURPOSES BERS OF UNIFORMED SERVICES RE- LATING TO MORTGAGES, MORTGAGE serting ‘‘an interest rate limitation in para- OF ACT.— FORECLOSURE, AND EVICTION. graph (1) or (2) of subsection (a)’’; and (1) TRANSFER OF DEFINITIONS.—Such Act is (2) in paragraph (2)— Section 710(d) of the Honoring America’s further amended by transferring paragraphs Veterans and Caring for Camp Lejeune Fami- (A) in the paragraph heading, by striking (1) and (2) of section 305(i) (50 U.S.C. App. ‘‘AS OF DATE OF ORDER TO ACTIVE DUTY’’; and lies Act of 2012 (Public Law 112–154) is 535(i)) to the end of section 101 (50 U.S.C. amended by striking paragraphs (1) and (3). (B) by inserting before the period at the App. 511) and redesignating such paragraphs, SEC. 1089. INCREASE IN CIVIL PENALTIES FOR end the following: ‘‘in the case of an obliga- as so transferred, as paragraphs (10) and (11). tion or liability covered by subsection (a)(1), VIOLATION OF SERVICEMEMBERS (2) CONFORMING AMENDMENTS.—Such Act is CIVIL RELIEF ACT. or as of the date the servicemember (or serv- further amended— icemember and spouse jointly) incurs the ob- (a) IN GENERAL.—Section 801(b)(3) of the (A) in section 305 (50 U.S.C. App. 535), as Servicemembers Civil Relief Act (50 U.S.C. ligation or liability concerned under sub- amended by paragraph (1), by striking sub- App. 597(b)(3)) is amended— section (a)(2)’’. section (i); and (c) STUDENT LOAN DEFINED.—Subsection (d) (1) in subparagraph (A), by striking (B) in section 705 (50 U.S.C. App. 595), by of such section is amended by adding at the ‘‘$55,000’’ and inserting ‘‘$110,000’’; and end the following new paragraph: striking ‘‘or naval’’ both places it appears. (2) in subparagraph (B), by striking ‘‘(3) STUDENT LOAN.—The term ‘student SEC. 1087. PROTECTION OF SURVIVING SPOUSE ‘‘$110,000’’ and inserting ‘‘$220,000’’. loan’ means the following: WITH RESPECT TO MORTGAGE (b) EFFECTIVE DATE.—The amendments FORECLOSURE. ‘‘(A) A Federal student loan made, insured, made by subsection (a) shall take effect on (a) IN GENERAL.—Title III of the or guaranteed under title IV of the Higher the date that is 180 days after the date of the Servicemembers Civil Relief Act (50 U.S.C. enactment of this Act and shall apply with Education Act of 1965 (20 U.S.C. 1070 et seq.). App. 531 et seq.) is amended by inserting ‘‘(B) A private student loan as that term is respect to violations of the Servicemembers after section 303 (50 U.S.C. App. 533) the fol- Civil Relief Act (50 U.S.C. App. 501 et seq.) defined in section 140(a) of the Truth in lowing new section: that occur on or after such date. Lending Act (15 U.S.C. 1650(a)).’’. ‘‘SEC. 303A. PROTECTION OF SURVIVING SPOUSE Mr. REED. I thank the Presiding Of- SEC. 1086. TERMINATION OF RESIDENTIAL WITH RESPECT TO MORTGAGE LEASES AFTER ASSIGNMENT OR RE- FORECLOSURE. ficer, and I suggest the absence of a LOCATION TO QUARTERS OF UNITED ‘‘(a) IN GENERAL.—Subject to subsection quorum. STATES OR HOUSING FACILITY The PRESIDING OFFICER. The UNDER JURISDICTION OF UNI- (b), with respect to a servicemember who FORMED SERVICE. dies while in military service and who has a clerk will call the roll. (a) TERMINATION OF RESIDENTIAL LEASES.— surviving spouse who is the servicemember’s The bill clerk proceeded to call the (1) IN GENERAL.—Section 305 of the successor in interest to property covered roll. Servicemembers Civil Relief Act (50 U.S.C. under section 303(a), section 303 shall apply Mr. SCHUMER. Madam President, I App. 535) is amended— to the surviving spouse with respect to that ask unanimous consent that the order (A) in subsection (a)(1)— property during the one-year period begin- for the quorum call be rescinded. (i) in subparagraph (A), by striking ‘‘or’’ at ning on the date of such death in the same The PRESIDING OFFICER. Without the end; manner as if the servicemember had not objection, it is so ordered. (ii) in subparagraph (B), by striking the pe- died. BIPARTISAN SOLUTIONS riod at the end and inserting ‘‘; or’’; and ‘‘(b) NOTICE REQUIRED.— (iii) by adding at the end the following new ‘‘(1) IN GENERAL.—To be covered under this Mr. SCHUMER. Madam President, subparagraph: section with respect to property, a surviving this morning I heard the distinguished ‘‘(C) in the case of a lease described in sub- spouse shall submit written notice that such majority leader say it was a time for section (b)(1) and subparagraph (C) of such surviving spouse is so covered to the mort- bipartisan solutions. He said: ‘‘What subsection, the date the lessee is assigned to gagee, trustee, or other creditor of the mort- America needs right now is a season of or otherwise relocates to quarters or a hous- gage, trust deed, or other security in the na- serious bipartisan solutions.’’ ing facility as described in such subpara- ture of a mortgage with which the property Democrats couldn’t agree more. We graph.’’; and is secured. have been asking for weeks for all par- ‘‘(2) TIME.—Notice provided under para- (B) in subsection (b)(1)— ties to sit down and start talking about (i) in subparagraph (A), by striking ‘‘or’’ at graph (1) shall be provided with respect to a the end; surviving spouse anytime during the one- the budget—not at the eleventh hour, (ii) in subparagraph (B), by striking the pe- year period beginning on the date of death of not when we are already at the edge of riod at the end and inserting ‘‘; or’’; and the servicemember with respect to whom the a cliff, but now. (iii) by adding at the end the following new surviving spouse is to receive coverage under From a substantive perspective, this subparagraph: this section. only makes sense. Both parties hate ‘‘(C) the lease is executed by or on behalf of ‘‘(3) ADDRESS.—Notice provided under para- the sequester. Both parties understand a person who thereafter and during the term graph (1) with respect to property shall be there is a smarter way to budget than of the lease is assigned to or otherwise relo- provided via e-mail, facsimile, standard post, senselessly acting as though we are cates to quarters of the United States or a or express mail to facsimile numbers and ad- hostage to these arbitrary, meat- housing facility under the jurisdiction of a dresses, as the case may be, designated by cleaver cuts that were never intended uniformed service (as defined in section 101 the servicer of the mortgage, trust deed, or of title 37, United States Code), including other security in the nature of a mortgage to go into effect, whether on the de- housing provided under the Military Housing with which the property is secured. fense side or on the nondefense side. Privatization Initiative.’’. ‘‘(4) MANNER.—Notice provided under para- So, Mr. Majority Leader, let’s sit (2) MANNER OF TERMINATION.—Subsection graph (1) shall be provided in writing by down and start talking about some se- (c)(1) of such section is amended— using a form designed under paragraph (5) or rious bipartisan solutions.

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.002 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4077 The majority leader makes it seem as ing forward if we can’t negotiate—like floor. This bill is intended to facilitate though he has been negotiating and it or not, Mr. Majority Leader. sharing of cyber threat information be- being fair. Every number in the Appro- The path the majority leader is pur- tween the private sector and the gov- priations Committee had no consulta- suing is a cul-de-sac that will either ernment. While this could be useful in tion from the Democrats. They just force us to sit down and negotiate later protecting against cyber attacks, I am chose the numbers. That is not bipar- in the day or force a CR, which no one concerned that certain provisions in tisan. They did not talk to the White wants, or even if some of the people on the Senate Intelligence Committee’s House, which has veto power over that side of the aisle have their way, a bill would severely undermine Ameri- every one of these. That is not bipar- government shutdown, as they did once cans’ privacy. tisan. before. None of those is a good solu- Senator BURR’s bill would remove all We all know that the only way we tion. The best solution is for us to all existing legal restrictions to allow an are going to get something done on the sit down and talk. We should not keep unprecedented wave of information— budget, on the spending bills is by sit- kicking the can down the road. Yet, including Americans’ personal commu- ting down together and talking. Why here we are. nications—to flow from the private sec- not sooner rather than later? Why not In Roll Call this week: ‘‘McConnell tor into government databases without now rather than at the last minute? Cool to Budget Summit.’’ any meaningful controls or limita- There is a charade going on by my When he was asked: Is it time to tions. It would explicitly authorize the friends on the other side. They totally start talking about the budget, he re- government to use this information to decide the appropriations numbers by plied: No, of course not. Why? What is ‘‘prevent’’ crimes that have nothing to themselves. They totally decide to use his logic? His logic is Democrats should do with cybersecurity, such as firearms OCO for defense but they do nothing just accept everything Republicans possession, arson, and robbery. for the nondefense side. Then they say: want. These problems are compounded by Let’s move forward with those bills. That is not why we have two parties. the fact that this bill requires all infor- That is not bipartisan. Have any That is not how the Senate works. mation provided to the government Democrats been consulted? I ask the That is not how democracy works. through the information-sharing re- majority leader: Who has he consulted There is nothing left for Democrats to gime to be immediately disseminated, on the other side of the aisle about his conclude other than that there is a which does not allow time for removal numbers? Who has he consulted at the yawning chasm between the Repub- of unnecessary private information, to White House about his numbers? He lican leader’s stated intentions and his a number of Federal agencies—includ- knows he needs input from both to get actions to date, because the current ing the National Security Agency and anything done. posture by the majority has been this: others. We do not know whether this I think what the majority leader my way or shut down the government. information would also be shared with wants to do is play a game of chicken— Well, we have seen that before, it the Drug Enforcement Administration, wait until the end and then say: Do it didn’t work, and it is not going to work or the Internal Revenue Service, for ex- our way. Well, that is not going to this time. ample. We do know this would open a work. We are saying, let’s negotiate and new flow of information to the Federal Over the next month or two, the let’s start those negotiations soon, be- Government, without appropriate re- American people are going to see that fore it is too late. If the Republican strictions on how these agencies can we will not move forward on these pro- leader truly wants a season of bipar- store, query, or mine this information. posals until—but certainly with great tisan solutions, well, the winds are Congress should enact cybersecurity vigor when—there is a bipartisan dis- blowing in one direction. Sit down with legislation to protect American busi- cussion and agreement. We all know Democrats and let’s start negotiating a nesses and the American people. But how this place works. The Senate and sensible budget, and let’s start doing it we need a cyber security bill, not a our system of government—both the now. We are ready to sit down this cyber surveillance bill. executive and the Congress—are in- afternoon. We are ready to sit down at There are also provisions in this bill volved in doing the budget and doing any moment that he gives us a signal. that add entirely new exemptions to the appropriations bills in particular. Let’s get in the room and start the real the Freedom of Information Act, FOIA. It works only when both parties come work of finding bipartisan agreement These provisions are completely unnec- to agreement. When one party tries to on the budget, plain and simple. essary, and have the potential to great- shove things down the other party’s One other thing, when the American ly weaken government transparency. throat, which, in all due respect, is people ask why Washington so grid- Senator BURR’s information sharing what the majority leader is now doing, locked, just look at how the majority bill is major legislation that deserves we end up with worries and sometimes leader is handling one of the most im- full debate and a meaningful oppor- the reality of a government shutdown. portant parts of what the government tunity for Senators to offer amend- If the majority leader wants that, he does, where the dollars go. There is ments to improve the bill. It has had should continue with this strategy, and gridlock when one side insists that it neither. any shutdown will be on his hands. We has to get all of its way and not sit The bill was drafted behind closed don’t want that, the American people down with the other side. That is the doors. It has not been the subject of don’t want that, and my guess is most path at the moment that the majority any open hearings or public debate. of the Members on this side of the aisle leader is on. We hope he gets off of it. The text of the bill was only made pub- don’t want that. We want to come to It is untenable. It won’t work. It will lic by the Intelligence Committee after an agreement. lead to a bad solution. it was reported to the Senate floor, and All we want the majority leader to do Once again, I repeat: We are willing no other committee of jurisdiction—in- is talk to us, not to decide in his office to sit down and start talking about the cluding the Judiciary Committee—was or maybe with the chair of the Appro- budget, talking about how much to allowed to consider and improve the priations Committee what all the num- spend on defense and transportation bill. I shared with Chairman GRASSLEY bers should be—how much to spend on and education and medical research my concern that the Judiciary Com- defense, how much to spend on edu- today. We are waiting, Mr. Majority mittee should also consider this bill, cation, how much to spend on high- Leader, for you to give us that ability, and Chairman GRASSLEY assured me ways. Those are some of the most im- that signal, so we can actually enact a that there would be a ‘‘robust and open portant decisions we make around budget without acrimony and that will amendment process’’ if this bill were here, and they will not be made with- work for this great country of ours. considered on the Senate floor. I expect out bipartisanship, sooner rather than I yield the floor. that the Senate Homeland Security later. AMENDMENT NO. 1569, AS MODIFIED Committee received the same assur- Mr. Majority Leader, like it or not, Mr. LEAHY. Madam President, ear- ances. we have a Democratic President, and lier this year, the Senate Intelligence Senator BURR’s attempt to offer the we have 46 Democratic votes in the Committee reported the Cybersecurity Intelligence Committee’s information Senate—enough to stop us from mov- Information Sharing Act to the Senate sharing bill as an amendment to the

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.018 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4078 CONGRESSIONAL RECORD — SENATE June 11, 2015 National Defense Authorization Act our towns and citizens who overwhelm- funding our Armed Forces using funds runs directly counter to those assur- ingly support our military. These re- from the overseas contingency oper- ances. This is not a sincere effort to ductions make no common sense for ations account. We are doing so at a consider and pass this bill under reg- our communities and the soldiers and level above that requested by the ular order. Instead, through a series of their families who call our towns President for this account. OCO was in- procedural maneuvers, Republican home. cluded in the Budget Control Act be- leadership is deliberately preventing These reductions impact the morale cause Members of the 112th Congress any type of meaningful debate on this of the men and women who serve our recognized the importance of funding bill. country, as well as their families, at a our men and women who serve on the I agree that we must do more to pro- time when we need their commitment frontlines. tect our cyber security, but we should and readiness the most. I believe that many Members of the not rush to pass legislation that has I urge my colleagues to support Sen- Senate fervently hope that in the near significant privacy implications for ator VITTER’s amendment. Maintaining future we will be able to fund our gov- millions of Americans. We must be our Nation’s military forces must be ernment in a fiscally sound manner, thoughtful and responsible. Attempt- our top priority. A capable and strong without the irrational budget caps and ing to stifle meaningful debate and national defense is critical to the secu- threat of sequestration that pervades pass this bill as an amendment to the rity of the United States and is our all of Congress’s budgetary delibera- NDAA is the wrong answer. That is not Federal Government’s primary con- tions. how the Senate should operate. I urge stitutional responsibility. I am willing to work with any of my Senators to vote no on cloture. The PRESIDING OFFICER. The Sen- colleagues on either side of the aisle to AMENDMENT NO. 1473, AS MODIFIED ator from South Dakota. fix the Budget Control Act, but until Mr. MORAN. Madam President, Sen- Mr. ROUNDS. Madam President, I that day comes, we need to use the ator VITTER spoke about his amend- rise today to encourage my colleagues funding options we have available to ment, No. 1473, to the fiscal year 2016 to join the bipartisan group of Armed keep America safe. The legislation be- National Defense Authorization Act, Services Committee members who sup- fore us today does exactly that. We are which makes certain our U.S. Army is port a very important measure for our following the rules that are in force able to maintain the current number of troops. Last month, we overwhelm- today. brigade combat teams to prevent fur- ingly voted in favor of the National De- I am proud of my colleagues who ther reductions to the Army force fense Authorization Act for 2016 that serve with me on the Armed Services structure. the Senate is considering today. Committee for coming together to I support Senator VITTER’s amend- The defense of our Nation is a funda- achieve a truly bipartisan, comprehen- ment and encourage my colleagues to mental responsibility of the Federal sive bill. Our bill will support our do the same so that our military men Government, and the annual passage of troops and meet the demands of a mili- and women are prepared to face our the NDAA is an important step in mak- tary that needs to continue its dy- Nation’s evolving national security ing sure that our servicemembers have namic evolution in the face of ever threats. what they need to do their job and to more sophisticated threats. And I am Our Army and soldiers here at home succeed. These brave men and women pleased that a number of provisions I and abroad need all the support we can selflessly sacrifice everything to keep offered are included in the final pack- give them. In the coming months, I us safe from the forces of darkness that age we are debating today. look forward to welcoming home Major wish to do us harm. We owe it to these Now that we have completed our General Funk, who is currently serving men and women to wisely work to- work in committee and Leader MCCON- in Iraq and leading the front against gether to make certain they have the NELL has brought our bill to the full ISIS. We must remember that he and necessary tools to accomplish their Senate for debate, we must come to- the soldiers he commands need our dangerous and demanding missions, gether to pass the NDAA, as the Senate help and protection, just as they serve and that is what we did in the Armed has done each year for more than five and protect us. decades. It is no coincidence that the The across-the-board cuts called for Services Committee just a few weeks NDAA is the only legislation to in the Budget Control Act, including a ago. Under the leadership of Chairman achieve this track record; rather, it in- reduced force structure, make no sense MCCAIN and Ranking Member REED, we dicates the vital importance that gen- when our country continues to face global threats. The cuts fail to estab- reported a bill out of committee that erations of Senate Members have at- lish priorities and suggest that every not only supports our Armed Forces tached to it. The defense of our coun- program has equal value, which is not but makes a host of needed reforms as try is not a partisan issue. The bipartisan NDAA sustains what the case. well, and we did this overwhelmingly In my home State of Kansas, these by a bipartisan vote of 22 to 4. our servicemembers need to succeed in reductions could have a significant im- I would like to cite a number of the a world that grows ever more dan- pact on the Intellectual Center of the bill provisions which make our Nation gerous. From the Russian aggression in Army, Fort Leavenworth, and the stronger and which I hope Congress and Ukraine and mounting Chinese coer- Army’s First Infantry Division, the Big the President will enact into law. cion in Asia to the ugly aggression of Red One. Our bill cuts nearly $10 billion in the self-proclaimed Islamic State in The Big Red One is just one of the wasteful and duplicative spending, the Middle East, new threats continue many divisions across the country that thereby freeing up additional funds to to rise throughout the world. These could lose entire brigade combat develop and procure weapons systems threats are multifaceted, and our en- teams, BCTs, degrading our Army’s of the future, while also giving our emy’s tactics ever-changing. We must ability to meet current and emerging troops in combat the tools they need make certain our Armed Forces can challenges such as Russian aggression, today. continue to face these challenges, and Ebola response operations, and taking This bill also makes important re- we must uphold our commitment to on terrorist organizations like ISIS or forms aimed at recruiting and retain- them. Al Shabaab. I mention these specific ing the All-Volunteer Force that has so I encourage my colleagues to pass examples because they are the most re- consistently defended our country for the NDAA, and I encourage our Presi- cent situations over the last 12 months over four decades. dent to work with Congress to keep that call on our Armed Forces to be The Armed Services Committee pro- Americans safe. ready and resilient. duced this legislation by using the lim- Thank you, Madam President. Without arbitrary budget reductions, ited and admittedly less than optimal I yield the floor. the Army would not intentionally funding tools at its disposal. For now, The PRESIDING OFFICER. The Sen- choose to downsize the Army and let the hand we are dealt is limited by the ator from Arkansas. valuable soldiers go. Budget Control Act, which includes ar- ZIVOTOFSKY V. KERRY DECISION As the cochair for the Senate Defense bitrary spending caps and the threat of Mr. COTTON. Madam President, ear- Communities Caucus, we must consider sequestration. So in our bill we are lier this week, the Supreme Court

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.034 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4079 wrongly decided the case of Zivotofsky imposes an array of obligations on the Israel on a passport can throw the en- v. Kerry, an unprecedented decision President, not the section investing tire prospect of peace into a tailspin which impairs Congress’s role in for- him with any powers. Ironically, it ap- says much about his confidence in his eign policy and which is an affront to pears right before the provision that abilities as a mediator, and it perhaps our close ally Israel. obligates the President to ‘‘take care also says much about the current polit- The Zivotofsky case concerned the that the Laws be faithfully executed.’’ ical climate in the Middle East, where executive branch’s refusal to imple- I would assume the Framers believed deepened divisions would render re- ment a 2002 law passed by Congress and that ‘‘the Laws’’ would include ones re- newed talks at this point unproductive. signed by the President. The law re- garding passports. Ultimately, a resolution of the quired State Department officials to I want to be very clear on this. The Israel-Palestinian dispute should be offer U.S. persons born in Jerusalem recognition power the Court identified reached, but progress toward that reso- the option of listing Israel as their lo- is not enumerated in the text of the lution will not move forward if the Pal- cation of birth on passports and other Constitution, and no one at the time of estinians remain unreasonably sen- consular documents. The State Depart- the founding believed it to be included. sitive to peripheral issues such as pass- ment’s practice had been to list the At the same time, the Constitution ex- ports. It will not move forward if the place of birth only as Jerusalem, re- plicitly entrusts Congress with grave President is afraid to speak the truth. flecting the President’s policy of not international responsibilities, includ- It will not move forward if the United recognizing any national sovereign au- ing the power to declare war and raise States Congress is restrained from add- thority over the Holy City. and support armies. These powers place ing a dose of reality to the conduct of Despite the fact that a President the legislative branch in a central role our foreign affairs. signed the statute into law, the execu- in the conduct of our Nation’s foreign Madam President, I yield the floor. tive branch has fought tooth and nail policy. The Supreme Court therefore I suggest the absence of a quorum. for 13 years to free itself from what it stood on remarkably shaky ground The PRESIDING OFFICER. The viewed as the heavy burden of writing when it announced a supposedly exclu- clerk will call the roll. the word ‘‘Israel’’ on one line in a tiny sive Presidential power—one that can The senior assistant legislative clerk number of U.S. passports, and it argued nullify contrary congressional enact- proceeded to call the roll. its case all the way to the Supreme ments. And it unwisely and indetermi- Mr. CARDIN. Madam President, I ask Court. nately expanded the President’s un- unanimous consent that the order for In litigating the Zivotofsky case, it checked discretion in the conduct of the quorum call be rescinded. is no surprise that the President out- foreign affairs. That is a potentially The PRESIDING OFFICER. Without lined a maximalist vision for his power dangerous opening, particularly with objection, it is so ordered. to steer the Nation’s foreign policy, the current President. President Mr. CARDIN. Madam President, I ask leaving little room for the people’s rep- Obama has shown an unhealthy pench- unanimous consent to speak as in resentatives in Congress. But it was a ant for granting unilateral concessions morning business. surprise that the Supreme Court acqui- to longtime enemies abroad. That tend- The PRESIDING OFFICER. Without esced to the President’s position. ency cannot and must not go un- objection, it is so ordered. Before Monday, in the entire 225-year checked. TRANSPORTATION REAUTHORIZATION BILL history of our Nation, the Supreme Beyond the constitutional infirmities Mr. CARDIN. Madam President, we Court had never sided with a Presi- of the Court’s opinion, I want to com- have 2 more weeks remaining before dent’s blatant refusal to comply with a ment on the broader issue in the back- the scheduled district work period with duly-passed statute affecting the con- ground of the Zivotofsky case. regard to the Fourth of July. Then, duct of foreign affairs. This is a re- The executive branch based its re- when we come back from there, in the markable and disturbing break with fusal to comply with the passport law next work period there will be another precedent and one made through a on the fear that identifying a person deadline. The deadline I am referring poorly reasoned judicial opinion. The born in Jerusalem as having been born to is the enactment of a 6-year trans- Court announced that the President in Israel would upend the peace proc- portation reauthorization bill. possesses an exclusive constitutional ess. The State Department declared We have been talking about finding a power to recognize other nations and that compliance with the law ‘‘would 6-year reauthorization solution now for that this power crowds out any at- critically compromise’’ U.S. efforts to over a year—well over a year. We have tempt by Congress to legislate in this forge an agreement between Israel and been working with short-term exten- area, including on how locations of the Palestinians, ‘‘significantly harm’’ sions. We had a 10-month extension birth are characterized on passports. our foreign policy, and ‘‘cause irrevers- But this conclusion suffers from a ible damage’’ to the role of the United that expired just recently. We did an- number of problems. The Court is sup- States as an honest broker. other 2-month extension with a com- posed to only find a preclusive execu- That is embarrassing hyperbole, and mitment that our committees would tive power where such a power is clear- it is also complete nonsense. The role work to come together, that Demo- ly committed to the executive branch of an honest broker in negotiations is crats and Republicans would work to in our Constitution. But nowhere in just that—to be honest. So let’s be hon- come together for a 6-year reauthoriza- the text of the Constitution is there a est. Israel’s seat of government is lo- tion of the transportation programs for reference to a recognition power, let cated in Jerusalem. Israel administers this country. alone an allocation of such a power to the entire city. Over 500,000 Israelis My constituents are frustrated. I am the President alone. The Court ac- live and work in Jerusalem. The re- frustrated. You see, I commute be- knowledges this in its opinion, so it in- ality is that Jerusalem is the capital of tween Baltimore and Washington every stead finds the recognition power em- Israel, and any final agreement— day. This community or this area has bedded in the constitutional provision whether or not it includes some sort of the second worst traffic congestion in stating that the President ‘‘shall re- sharing arrangement—will not change the country. We desperately need a ceive Ambassadors and other public that. The United States and the world more robust Federal partner in dealing Ministers.’’ But, as Alexander Ham- should not deny that reality; they with the transportation challenges of ilton wrote in Federalist 69, that provi- should accept it and then begin the my State and of every State in this sion was understood to be a matter of hard work of helping the parties forge country. We need to move forward with ‘‘dignity,’’ not ‘‘authority’’ that would a lasting peace. transit projects. Every person we can have ‘‘no consequence for the adminis- The role of an honest broker is to get to use mass transit is one less car tration of government.’’ In other ground negotiations in truth. It is to on the road. words, that provision does not imbue quell unreasonable reactions and ex- It helps all of us. It helps our trans- the President with a power; it imposes pectations. It is to strip away issues portation infrastructure and the wear an obligation on him, and a ceremonial that are peripheral and focus on those and tear. It helps our environment. We one at that. that are essential. have bridges that literally must be re- The provision furthermore appears in That the President believes the des- placed. In the southern part of my the section of the Constitution that ignation of Jerusalem as a part of State, the Nice Bridge desperately

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.019 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4080 CONGRESSIONAL RECORD — SENATE June 11, 2015 needs to be replaced. That costs port out legislation. That should be It is incumbent upon the Republican money. You need a Federal partner to done now. There needs to be a commit- leadership to get engaged in that de- do that. We have road maintenance and ment as to what schedule will be fol- bate—and the Democratic leadership. expansion issues in every State in this lowed so we do not miss this deadline. We have already said that we are open country. That was the commitment that the to the current revenues that go into We have safety concerns that are not leadership gave us—that we will get the transportation trust fund. But being addressed today. I would like to this done in this 2-month period. there is one area that seems to be in take my colleagues to some of the Well, unless our committees are agreement between Democrats and Re- overpasses in Baltimore that need to be working to come together with legisla- publicans, and that is looking at inter- upgraded for the purposes of safety. tion—in the Environment and Public national reform. We have all talked Route 1 through College Park des- Works Committee, which both the Pre- about the fact that we have a lot of perately needs attention. In my State, siding Officer and I serve on, we need earnings from our corporations—Amer- there is Georgia Avenue and Randolph to bring out a bill. We have done it be- ican corporations—that are trapped Road in Montgomery County and 301, a fore. The Senate Finance Committee, overseas because the companies have major artery on the Eastern Shore of which I serve on, is responsible for the made a decision not to repatriate the Maryland, which need real serious safe- financial aspects on how we get to- money back into the United States be- ty upgrades that are important. gether on that. cause it would be subject to a higher Each one of these is extremely expen- I am going to come back to that in U.S. corporate tax rate. sive. I know that every Senator could one moment. Of course the banking They do not want to pay that higher list dozens of projects in their own committee is responsible for the tran- tax. That is a business decision made State that need to move forward for sit section, as are other committees in- by U.S. businesses. Now, obviously, the safety reasons. Then there is the issue volved. But let me make an observa- way to solve that is to reform our busi- of jobs. We all know that without the tion; that is, yes, we have to come out ness taxes here. Senator THUNE and I predictability of a 6-year program, with a 6-year reauthorization. That is are cochairing a working group of the transportation construction is delayed. critical. We do not want any more Senate Finance Committee to try to That costs us not only construction short-term extensions. Secondly, it has come to grips with that. It is going to jobs—and there are literally millions of to be a robust program. be difficult for us to do that. You heard construction jobs that depend upon the We know that if we just reauthorize the numbers I have already given you. Federal partnership in transpor- at the current level, it will be inad- But every 1-percent reduction in the tation—but the economic impact of a equate. We know that. We know that, corporate tax rate costs about $100 bil- reauthorization of the surface trans- each of us in talking to our State lion over 10 years. If you include relief portation program. So many projects transportation agencies. They tell you for those who pay the personal tax in Maryland are affected by this. they need a more robust Federal part- rates for their business income, it is But let me talk about one part of nership and that the challenges today probably closer to $150 or $160 billion to Maryland that does not always get the are more expensive. And we have de- get a 1-percent reduction in the cor- same attention, and that is the western layed for so long that it is even more porate tax rate. So that is going to be part of our State. It is not where the expensive. So we need to come to grips challenging. real population of Maryland is located. with a 6-year reauthorization but at a In the meantime, there have been But the completion of the Appalachia level that will allow for a stronger Fed- recommendations in order to unleash Highway, the north-south highway, is eral partnership. those funds: Why don’t we find a critically important to the economic The President’s number is $478 billion charge that is less than the full cor- future of western Maryland—and I over 6 years. I think that is a reason- porate tax for those revenues that are might tell you also Pennsylvania and able level. If we just have a level-fund- returned to the United States? We have West Virginia. We need to get that ed adjusted-for-inflation program, it Democrats and Republicans working done. would be $331 billion. I would hope that together on a bill, including the Presi- Quite frankly, without a long-term we would recognize that the additional dent, who has submitted that in his reauthorization of the surface trans- $147 billion the President is talking budget. He has submitted a toll charge portation program, I do not know if we about over 6 years is a modest increase for the revenues that are trapped over- will get that done. That means jobs. but an important increase to the Fed- seas that corporations would have to That means our economy. We know eral share to deal with our urgent pay. that we have to be more competitive as needs of safety, economic development, That toll charge would be at a 14-per- a country. We know we are involved in jobs, and competitiveness. cent rate. Then he has projected a min- global competition. The countries that Now, here is the problem. As to the imum tax on foreign earnings at 19 per- we compete with are putting much current revenues in the transportation cent that would have to be paid with more of their economy into transpor- trust fund, if we just use the $331 bil- certain reforms on trying to move the tation than we are into infrastructure. lion, which is basically a freeze ad- United States more to a territorial cor- We must do a better job. justed for inflation for the next 6 years, porate tax rate. I mention that because Well, the Federal partnership in con- there is a $97 billion gap. We do not I think there is interest by both Demo- structing the roads, the bridges, and have enough money projected in the crats and Republicans to take a look at the transit systems is called MAP–21. transportation trust fund for a basi- reforming the way we tax foreign in- It expires at the end of July—again. cally stand-still 6-year reauthorization. come for American companies so that This is not the first time. We have not We are $97 billion short. we can have greater economic activity reauthorized the 6-year program for a So we need to come to grips as to here in the United States. These pro- long time. We need a 6-year program. how we are going to fill that void. I posals generate a significant amount of Why? Because when you enter into a said I serve on the Senate Finance revenue, both one-time-only and per- transportation project, it is more than Committee. There are lots of revenues manent revenue. just a 2-month commitment or a 10- that go into the trust fund that we I mention that because we could take month commitment. Our States cannot should look at adjusting. There are a look at the international tax reform go into these multiyear projects unless other ideas about how we can bring in proposals. Democrats and Republicans they know they have a Federal part- transportation revenues. I hope we have both submitted proposals on this. ner. The only way they know they have look at all of that. Then there has been That could help us get to a robust 6- a Federal partner is if we give them the the recommendation that has been year reauthorization of the surface certainty of a 6-year reauthorization done by both Democrats and Repub- transportation bill. We could get that. bill. licans. We have to find a way to bridge My reason for mentioning it right now So it is critically important. So what the gap here. It does not do any good if is this: Let’s talk about it. Let’s have should we do? Starting now, the com- we just have one party that agrees on the Republicans come to the table and mittees of jurisdiction need to have how to deal with this. We all have to talk about it also. Let’s not just wait hearings and working sessions and re- deal with it. these next 2 weeks, go into the work

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.021 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4081 period, come back, and be faced with Albright, a well-respected expert on I am concerned this is more of an another deadline with no game plan on Iran’s nuclear program, in an article issue than the administration is will- how we are going to resolve it and say: for the Institute for Science and Inter- ing to concede, particularly if, at the We have to pass another short-term ex- national Security, says that the State end, there is no deal and we, through tension so we can get together and talk Department’s explanation of Iran’s sanctions relief, paid them to convert about it. newly produced 3.5 percent enriched and then they walk away with massive Let’s start talking about this now. I uranium falls short and that the State amounts of low-enriched uranium that tell you that there are viable options. Department seemed to be making ex- can be fed into their centrifuges and be The one thing I found is that Demo- cuses for the fact that Iran has not re- easily converted to highly enriched crats and Republicans agree that infra- duced its enrichment level, which they uranium and on to weapons-grade ura- structure is important and we have to agreed to do in the Joint Plan of Ac- nium. have a stronger program in this coun- tion. The fact is uranium enrichment, According to David Albright: try for infrastructure. I always enjoy when taken to the maximum, can lead Based on the IAEA’s report— hearing from Senator INHOFE, the to bomb material. So reducing the en- That is the International Atomic En- chairman of the Environment and Pub- richment level is critical, in terms of ergy Administration’s report to mem- lic Works Committee, a person with possible breakout time in Iran’s ability ber states— whom I came to the Congress. He says to develop a nuclear weapon. frequently that he may be a conserv- Albright says: the problems in making enriched uranium oxide were apparent by the fall of 2014 . . . ative but when it comes to infrastruc- The core of the State Department’s expla- but the Administration decided not to make ture spending, it is important that we nation in the last few days appears to be that a major issue about the lack of oxide produc- have a robust Federal program. Iran meets the conditions of the Joint Plan tion. of Action once it feeds newly produced low Under his leadership and under Sen- The article goes on to say: ator BOXER’s leadership, we have been enriched uranium hexafluoride gas into the able to bring out bills from the Envi- uranium conversion plan at Esfahan. . . . Concluding that Iran has met the Joint Now, to bring this down into lay Plan of Action condition to convert to oxide ronment and Public Works Committee newly-enriched up to 5 percent is incorrect. to reauthorize a 6-year program. The terms, this conversion plant is there to And it further says: challenge is this: Can we find the rev- take this enriched uranium—that if enue? Of course, there we need to work further enriched, can lead to bomb ma- In this case, the potential violation refers terial—to transform the enriched ura- to Iran not producing the enriched oxide at together as Democrats and Repub- the end of the initial six month period of the licans. So I come to the floor to urge nium that can be prepared for potential nuclear material to an oxide form, and Joint Plan of Action and again after its first my colleagues: Let’s work together. extension. that is a form in which the bomb That is what the American people ex- This is a continuing quote: pect us to do. They expect us to work threat is dramatically reduced. The choosing of a weaker condition which together to solve the problem. But the Esfahan plant didn’t even be- come operational until the fall of 2014, must be met cannot be a good precedent for I don’t think there is a Member of interpreting more important provisions in a the Senate who would disagree that we a year after it was supposed to have opened, and—conveniently for the Ira- final deal. Moreover, it tends to confirm the should have a robust reauthorization of view of critics that future violations of a a 6-year transportation program for nians—it is having operational difficul- long-term deal will be downplayed for the this country, that our States need it, ties, making it highly unlikely Iran sake of generating or maintaining support that our country needs it, and that we can convert the low-enriched uranium for the deal. need it for our economy. Let’s put hexafluoride, which we are concerned It says: about, into enriched uranium dioxide aside our own individual differences. The administration relied on a technical Let’s sit down and work out a bill. used for making nuclear power reactor remedy that Iran had not demonstrated it Let’s start working it out now. Let’s fuel. could carry out. Put simply, at the end of the day, not wait until the next deadline. The article concludes: I urge my colleagues to do this. That once again Iran will not have lived up to what they agreed to. The State Department has some explaining is what the American people want us to to do. do. That is what we need to do to move Now, we knew from the beginning it was going to be a challenge. We knew Now, the enrichment issue is one this country forward. thing, but then there is the recently re- I suggest the absence of a quorum. it was going to be difficult for the Ira- The PRESIDING OFFICER. The nians to blend down their nuclear fuel, leased U.N. Security Council report on clerk will call the roll. rather than to ship it out to another a whole host of the existing Security The senior assistant legislative clerk country, which so far they have refused Council resolutions and mandates as it proceeded to call the roll. to do. We knew it would be a concern if relates to Iran, and there are other Mr. MENENDEZ. Madam President, I they weren’t able to convert low-en- problems as well. They are well docu- ask unanimous consent that the order riched uranium hexafluoride into the mented in this just recently released for the quorum call be rescinded. enriched uranium dioxide—the one in report; that Iran has continued to deny The PRESIDING OFFICER. Without which, obviously, we have far less con- the legitimacy of Security Council res- objection, it is so ordered. cerns. And, frankly, because that is ob- olutions not addressed in the Joint NUCLEAR AGREEMENT WITH IRAN viously a problem, I am concerned, be- Plan of Action; that Iran’s arms trans- Mr. MENENDEZ. Madam President, I cause as the Albright article states, fers have actively continued, raising know we are on the national defense ‘‘The amounts of LEU amount to about concerns in particular in the region; bill and, of course, national defense is 4,000 kilograms of 3.5 LEU that cases of noncompliance with the ultimately about national security, hexafluoride, enough to potentially travel ban have also been observed; and one of the concerns I have about make 2 to 3 nuclear weapons if further that Iran has continued certain nuclear national security and our national in- enriched to weapons-grade uranium.’’ activities, including enrichment and terests is the challenge of a nuclear- Two to three nuclear weapons if fur- work at Arak; and that there is no armed Iran. ther enriched to nuclear-grade ura- progress by Iran in addressing possible I came to the floor last week to say nium. Now, I am concerned this is military dimensions that had been that when it comes to dealing with more blue smoke and mirrors that agreed to be addressed by Iran and the Iran—as we count down to the deadline overlooked the real ambitions of an International Atomic Energy Agency. for an agreement—the truth is always untrustworthy negotiating partner. I The most troubling relates to allega- elusive. I said then that international am concerned Iran is still saying it will tions of large-scale high- explosives ex- inspectors reported that Tehran’s not ship out excess low-enriched ura- perimentation at Parchin. stockpile of nuclear fuel, rather than nium but somehow blend it down and The report goes on to talk about decreasing, actually increased by 20 store it at the plant, which can’t pos- Iran’s missile technology. Here we have percent. sibly blend down enough at this point a sense from the U.N. Security Coun- Now, in the last days before the to meet the requirements under the cil’s report where it speaks to Iran’s agreement deadline is reached, David Joint Plan of Action. missile capability. And I am using a

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.022 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4082 CONGRESSIONAL RECORD — SENATE June 11, 2015 map here that I give credit to the New of anything because nothing was comes a country at its stronger point, York Times for to demonstrate what shipped. with far more resources, with sanctions that means. Iran has two kinds of bal- The simple fact is—and there are that have largely dissipated. And even listic missiles capable of delivering a many other examples in the U.N. Secu- with snapback provisions—which I nuclear weapon, according to the re- rity Council report, to which I com- think we should have, but several years port—the Ghadr missile, which is a mend my colleagues’ attention—we down the road when the world has now variation of the liquid-fuel Shahab–3, can’t trust Iran to abide by its agree- engaged Iran in doing business and Iran with a range of about 1,600 kilometers, ments or to abide by U.N. resolutions has risen in its economy—its economy or 995 miles, and the other is the Sejil even when they are in the midst of ne- has already stopped its free-fall just on missile, with a range of about 2,000 kil- gotiations, when you would think they the basis of expectations—and it de- ometers, or about 1,250 miles. The first would be behaving the best. One would cides possibly to break out 3 or 4 years missile encompasses most of the gulf think they would want to put their down the road, putting all of those and certainly our ally, the State of best foot forward. Why would we think international sanctions back together, Israel, as well as Afghanistan and we can trust them if they are violating as someone who was the author of Pakistan, not to mention Turkey, U.N. Security Council resolutions? those sanctions here in the Congress, I among others, and then the longer That is the world—not the United can tell you that is going to take a lot range missile actually goes as far as States, not even the P5+1, but the more work. There is no instantaneous into Europe. And this is missile tech- world—telling them they can’t do these snapback: Oh, we will put the sanctions nology that is still in development. As things or they violate an international back and they will have effect imme- the U.N. Security Council report points order. So why would we think we could diately. You have to tell the world, you out, we can see the range of Iran’s mis- trust them not to enrich uranium, not have to give them notice that, in fact, siles and the potential military dimen- to pursue a weapons program, and not there are sanctions back in effect. You sions of its pursuits. to find any way possible to renege on have to tell companies now doing busi- Then there is the issue of arms em- any agreement they reach when they ness and give them time to disinvest bargo violations and the transfer of are violating existing Security Council from those businesses. By the time you conventional arms. For whatever rea- resolutions? add that, if experience is a good barom- sons—and the report speculates that As I have said, I will come to the eter, we gave at a minimum 6 months’ maybe member states, meaning mem- floor to reiterate my skepticism that lead time to tell the world this is going ber countries of the United Nations, Iran will not do all it can to pursue to be a sanctionable activity, and by don’t want to upset the apple cart of their agenda. I believe, rather, they the time we actually pursued enforce- the negotiations—there have been no will try to find a way to pursue their ment and implementation of those, it reports—even in the midst of very clear agenda, to play fast and loose with the was far beyond—close to a year. Well, violations taking place, and those have truth, to hide the truth, to cover it up, that happens to be the time we are ac- been largely reported—from member and to buy time. Iran needs to be held tually vying for breakout time. states of the U.N. about the transfer of responsible for its commitments—for- So I am going to continue to come to conventional arms by Iran. But the get about its work; its commitments. the floor to continue to shine a spot- U.N. report nevertheless says that ‘‘the There can be no slippage, no delays, no light on the challenges we have with panel notes media reports pointing to obfuscation. That is how they suc- Iran and on the shortcomings of the in- continued military support and alleged ceeded in the past in bringing them- terim agreement as we hope for a good arms transfers to Syria, Lebanon, Iraq selves to be on the verge of becoming a final agreement. But I will use the re- and Yemen, and to Hezbollah and threshold nuclear state. frain that the administration at one Hamas.’’ So where do we go from here? It re- time used, which is that no agreement The report also says that a shipment mains to be seen whether compliance is better than a bad agreement, and of arms was confirmed by Massoud with that which has already been that is what my concern is—that we Barzani, president of Kurdistan’s re- agreed to by the Iranians—even at this are headed toward a bad agreement. gional government, who said: ‘‘We early stage while the world is watch- With that, I yield the floor. asked for weapons and Iran was the ing—can be realized or will it be ex- The PRESIDING OFFICER (Mr. first country to provide [them].’’ This plained away. SASSE). The Senator from Arizona. is a clear violation if ever there were I intend to come to the floor again EARMARKS one. and again to hold Iran accountable for Mr. FLAKE. Mr. President, I rise According to the report, some mem- its actions and to keep a laser-like today to talk about a problem that, de- ber states informed the panel that focus on the mullahs in Tehran. I fear spite a congressional ban on the prac- Iran’s nuclear procurement trends and that when that spotlight is off, when tice, continues to plague our budget. circumvention techniques remain basi- the press is gone, when the agreement That problem is earmarks. cally unchanged. In fact, Great Britain is out of the headlines and the curtain Back in 1986—just a little history les- informed the U.N. panel that they are closes on the P5+1 talks, Iran will pull son here—as Congress engaged in a aware of an active Iranian nuclear pro- back into the shadows. When that hap- last-minute scramble to fund the gov- curement network associated with pens and if it goes wrong, what will we ernment, a Republican Congressman Iran’s centrifuge technology company do then? from Pennsylvania slipped an earmark known as TESA and Kalay Electric We haven’t seen the final agreement, into a massive spending bill. He turned Company, which are listed sanction en- so we will have to wait to make a final a small exhibit of steam-powered tities under the U.N. Security Council judgment on it. But if the final agree- trains, known as Steamtown USA, into resolutions. ment follows in the line of the frame- a national park. Three decades, nearly The report further says that member work agreement, then we will have a $100 million, and one congressional ear- states have reported on the methods set of circumstances where we will not mark ban later, that project continues Iran has used and continues to use to be solving the problem. I think some of to cost taxpayers millions of dollars carry out financial transactions below the experts who were before the Senate annually. The bridge to nowhere, the the radar to conceal any connection to Foreign Relations Committee yester- North Carolina teapot museum, the in- Iran. Some states that import oil, for day in a briefing admitted to the fact— door rainforest in Iowa, and, yes, example, have authorized their banks and one or two of them are proponents Steamtown USA, are among the many to receive payments into accounts be- of an agreement—they said this does egregious earmarks that led fed-up tax- longing to the Central Bank of Iran. not solve the problem but only kicks payers to press for a ban on this kind of The funds were reportedly paid out the problem down the road. spending. against invoices for exports of goods to Those are hard choices no matter Like triceratops and velociraptors, Iran although the goods were never ex- what, but I would rather confront a earmarks that were declared extinct, ported, meaning money was taken out country that is on the path to nuclear fossilized relics of a bygone era, are and ultimately made its way to Iran weapons before it gets it and when it is somehow making a reappearance. What even though they were not for payment at its weakest point, not when it be- taxpayers and many in Congress didn’t

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.024 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4083 realize is that despite the successful in the first ‘‘Jurassic Park’’ film, not Forest System lands pursuant to section 6 of ban on earmarks, we are still paying everyone in Congress is content to the Forest and Rangeland Renewable Re- millions of dollars for the old ones. leave these as relics of the past. Not a sources Planning Act of 1974 (16 U.S.C. 1604). Through unexpended funds, carve-outs year after the earmark ban was imple- (2) The term ‘‘Greater Sage Grouse’’ means a sage grouse of the species Centrocercus in the Tax Code, and grant awards, mented in the Senate, the then-major- urophasianus. spending on past earmark projects and ity leader proclaimed: ‘‘I’ve done ear- (3) The term ‘‘State management plan’’ their recipients still roam the Federal marks all my career, and I’m happy means a State-approved plan for the protec- budget landscape. I’ve done earmarks all my career.’’ tion and recovery of the Greater Sage Today, I am releasing a report—‘‘Ju- Others from both sides of the aisle Grouse. rassic Pork’’—which will highlight the have argued that a return to ear- (b) PURPOSE.—The purpose of this section fossilized pork projects that are still marking would help to lard up or is— embedded or buried deep in the Federal incentivize votes. But taxpayers don’t (1) to facilitate implementation of State budget. It should serve as a reminder of exist for political horse trading or as a management plans over a period of multiple, consecutive sage grouse life cycles; and the past scandals that brought about reward for powerful Members to dole (2) to demonstrate the efficacy of the State the extinction of earmarks and serve as out as tributes. Taxpayers need to re- management plans for the protection and re- a warning that the cost of earmarking main vigilant against all this kind of covery of the Greater Sage Grouse. often outlives the practice itself. parochial spending, and we cannot re- (c) ENDANGERED SPECIES ACT OF 1973 FIND- ‘‘Jurassic Pork’’ digs into just two turn to pork as we knew it. INGS.— dozen of the many earmarked projects The moratorium on earmarks in 2010 (1) DELAY REQUIRED.—Any finding by the and recipients of congressional bounty didn’t put an end to these kind of she- Secretary of the Interior under clause (i), that continue to cost taxpayers mil- nanigans. But as readers of ‘‘Jurassic (ii), or (iii) of section 4(b)(3)(B) of the Endan- lions of dollars. Pork’’ will see, the spending on their gered Species Act of 1973 (16 U.S.C. Take for example the aptly named 1533(b)(3)(B)) with respect to the Greater legacy continues. Taxpayers have al- Sage Grouse made during the period begin- VelociRFTA, a bus rapid transit sys- ready seen the end of this movie. We ning on September 30, 2015, and ending on the tem in Colorado that covers the 40 don’t need to be treated to a sequel. date of the enactment of this Act shall have miles between Aspen and Glenwood Mr. President, I yield the floor. no force or effect in law or in equity, and the that began as an $810,000 earmark. I suggest the absence of a quorum. Secretary of the Interior may not make any Since the earmark ban took place in The PRESIDING OFFICER. The such finding during the period beginning on 2010, thanks to continued Federal fund- clerk will call the roll. the date of the enactment of this Act and ing, this project—this vestige—has cost The legislative clerk proceeded to ending on September 30, 2025. taxpayers $36 million. (2) EFFECT ON OTHER LAWS.—The delay im- call the roll. posed by paragraph (1) is, and shall remain, Also highlighted in the report is the Mr. LEE. Mr. President, I ask unani- effective without regard to any other stat- American Ballet Theater, which sup- mous consent that the order for the ute, regulation, court order, legal settle- plemented a flow of Federal grant quorum call be rescinded. ment, or any other provision of law or in eq- money with more than $800,000 in ear- The PRESIDING OFFICER (Mr. uity. marked funds from a Member of Con- HOEVEN). Without objection, it is so or- (3) EFFECT ON CONSERVATION STATUS.—Until gress who also happened to perform in dered. the date specified in paragraph (1), the con- servation status of the Greater Sage Grouse one of the group’s recent productions. AMENDMENT NO. 1473, AS MODIFIED shall remain warranted for listing under the Then there are the 6,000 unspent Mr. LEE. I ask for regular order with highway earmarks representing $5.9 Endangered Species Act of 1973 (16 U.S.C. respect to Vitter amendment No. 1473. 1531 et seq.), but precluded by higher-priority billion that sit idle in the Department AMENDMENT NO. 1687 TO AMENDMENT NO. 1473, AS listing actions pursuant to clause (iii) of sec- of Transportation account. These in- MODIFIED tion 4(b)(3)(B) of the Endangered Species Act clude pork projects such as the $600,000 Mr. LEE. I send a second-degree of 1973 (16 U.S.C. 1533(b)(3)(B)). Upper Delaware Scenic Byway Visitor amendment, Lee amendment No. 1687, (d) COORDINATION OF FEDERAL LAND MAN- Center in Cochecton, NY. Unfortu- to the desk as a second-degree amend- AGEMENT AND STATE CONSERVATION AND MAN- nately for taxpayers, the visitor center AGEMENT PLANS.— ment to Vitter amendment No. 1473 (1) PROHIBITION ON MODIFICATION OF FED- ended up being built in Narrowsburg. and ask for its immediate consider- Because the location was specified as ERAL RESOURCE MANAGEMENT PLANS.—In ation. order to foster coordination between a State Cochecton, the money will likely con- The PRESIDING OFFICER. The management plan and Federal resource man- tinue to sit on the Federal Govern- clerk will report. agement plans that affect the Greater Sage ment’s ledger. The legislative clerk read as follows: Grouse, upon notification by the Governor of Now, within these unspent transpor- a State with a State management plan, the The Senator from Utah [Mr. LEE] proposes tation earmarks, there is a smaller Secretary of the Interior and the Secretary an amendment numbered 1687 to amendment of Agriculture may not amend or otherwise group that is often referred to as ‘‘or- No. 1473, as modified. phan’’ earmarks. These are earmarks modify any Federal resource management Mr. LEE. Mr. President, I ask unani- that have had less than 10 percent of plan applicable to Federal lands in the State mous consent that the reading of the their expended—or their anticipated in a manner inconsistent with the State amendment be dispensed with. management plan for a period, to be speci- funds spent over 10 years. According to The PRESIDING OFFICER. Without fied by the Governor in the notification, of the Congressional Research Service, 70 objection, it is so ordered. at least five years beginning on the date of earmarks worth more than $120 million The amendment is as follows: the notification. remain on the books, and in August (2) RETROACTIVE EFFECT.—In the case of 2015, more than 1,200 earmarks from (Purpose: To provide for the protecton and any State that provides notification under recovery of the greater sage-grouse, the the last major highway bill that was paragraph (1), if any amendment or modi- conservation of lesser prairie-chicken, and fication of a Federal resource management passed in 2005 will officially become or- the removal of endangered species status phan earmarks. These represent $2 bil- plan applicable to Federal lands in the State for the American burying beetle) was issued during the one-year period pre- lion in yet-to-be-spent funds. At the appropriate place, insert the fol- ceding the date of the notification and the With the near bankrupt highway lowing: amendment or modification altered manage- trust fund, Congress needs to find a SEC. lll. PROTECTION AND RECOVERY OF ment of the Greater Sage Grouse or its habi- way to permanently park these GREATER SAGE GROUSE. tat, implementation and operation of the unspent funds. To that end, I have also (a) DEFINITIONS.—In this section: amendment or modification shall be stayed introduced a Jurassic Pork Act, which (1) The term ‘‘Federal resource manage- to the extent that the amendment or modi- will rescind funding for orphan ear- ment plan’’ means— fication is inconsistent with the State man- marks and will return this money to (A) a land use plan prepared by the Bureau agement plan. The Federal resource manage- of Land Management for public lands pursu- ment plan, as in effect immediately before the highway trust fund. We all know ant to section 202 of the Federal Land Policy the amendment or modification, shall apply the highway trust fund could use it and Management Act of 1976 (43 U.S.C. 1712); instead with respect to management of the about now. or Greater Sage Grouse and its habitat, to the Now, like John Hammond, the bil- (B) a land and resource management plan extent consistent with the State manage- lionaire CEO of the failed theme park prepared by the Forest Service for National ment plan.

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.025 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4084 CONGRESSIONAL RECORD — SENATE June 11, 2015 (3) DETERMINATION OF INCONSISTENCY.—Any prairie-chicken under the Range-Wide Plan It is kind of interesting, even though disagreement regarding whether an amend- and all related— most people say privatizing is not ment or other modification of a Federal re- (1) Candidate Conservation Agreements going to actually save or make any source management plan is inconsistent with and Candidate and Conservation Agreements money, the amendment simply requires a State management plan shall be resolved With Assurances; by the Governor of the affected State. (2) other Federal conservation programs the assessment on privatizing before (e) RELATION TO NATIONAL ENVIRONMENTAL administered by the United States Fish and we make any significant changes to POLICY ACT OF 1969.—With regard to any Fed- Wildlife Service, the Bureau of Land Man- our servicemembers’ privatized com- eral action consistent with a State manage- agement, and the Department of Agri- missary benefits. This is something ment plan, any findings, analyses, or conclu- culture; that is very popular among members of sions regarding the Greater Sage Grouse or (3) State conservation programs; and our service, wives, and husbands, when its habitat under the National Environ- (4) private conservation efforts. surveyed last year. Approximately, 95 mental Policy Act of 1969 (42 U.S.C. 4331 et SEC. lll. REMOVAL OF ENDANGERED SPECIES percent of the servicemembers were seq.) shall not have a preclusive effect on the STATUS FOR AMERICAN BURYING approval or implementation of the Federal BEETLE. using the commissaries to purchase action in that State. Notwithstanding the final rule of the household goods to achieve needed sav- (f) REPORTING REQUIREMENT.—Not later United States Fish and Wildlife Service enti- ings in their family budgets with a 91- than one year after the date of the enact- tled ‘‘Endangered and Threatened Wildlife percent satisfaction rate. We don’t get ment of this Act and annually thereafter and Plants; Determination of Endangered 91 percent satisfaction rates around through 2021, the Secretary of the Interior Status for the American Burying Beetle’’ (54 here very often. The language in this and the Secretary of Agriculture shall joint- Fed. Reg. 29652 (July 13, 1989)), the American bill as it is now ignores the rec- ly submit to the Committee on Energy and burying beetle shall not be listed as a threat- Natural Resources of the Senate and the ened or endangered species under the Endan- ommendations made by the Military Committee on Natural Resources of the gered Species Act (16 U.S.C. 1531 et seq.). Compensation and Retirement Mod- House of Representatives a report on the Mr. LEE. Mr. President, I suggest the ernization Commission that we are all Secretaries’ implementation and effective- absence of a quorum. very familiar with. In the report re- ness of systems to monitor the status of The PRESIDING OFFICER. The leased in January, it specifically stat- Greater Sage Grouse on Federal lands under clerk will call the roll. ed, in recommendation No. 8, ‘‘to pro- their jurisdiction. tect access and savings to DOD com- (g) JUDICIAL REVIEW.—Notwithstanding The bill clerk proceeded to call the any other provision of statute or regulation, roll. missaries and exchanges.’’ Well, that is this section, including determinations made Mr. INHOFE. Mr. President, I ask exactly what we want to do. under subsection (d)(3), shall not be subject unanimous consent that the order for I have a very impressive list, which I to judicial review. the quorum call be rescinded. will not read, of 41 organizations and SEC. lll. IMPLEMENTATION OF LESSER PRAI- Mr. MCCAIN. I object. associations, including labor unions, RIE-CHICKEN RANGE-WIDE CON- The PRESIDING OFFICER. Objec- the Gold Star Widows, American Vet- SERVATION PLAN AND OTHER CON- SERVATION MEASURES. tion is heard. erans, and others, and I ask unanimous (a) DEFINITIONS.—In this section: The clerk will continue to call the consent that this list be printed in the (1) CANDIDATE CONSERVATION AGREE- roll. RECORD. MENTS.—The terms ‘‘Candidate Conservation The senior assistant legislative clerk There being no objection, the mate- Agreement’’ and ‘‘Candidate and Conserva- continued with the call of the roll. rial was ordered to be printed in the tion Agreement With Assurances’’ have the Mr. INHOFE. Mr. President, I ask RECORD, as follows: meaning given those terms in— unanimous consent that the order for (A) the announcement of the Department ORGANIZATIONS SUPPORTING INHOFE/MIKULSKI the quorum call be rescinded. AMENDMENT of the Interior and the Department of Com- The PRESIDING OFFICER. Is there merce entitled ‘‘Announcement of Final Pol- 1. National Military and Veterans Alliance icy for Candidate Conservation Agreements objection? 2. American Federation of Labor and Con- with Assurances’’ (64 Fed. Reg. 32726 (June Without objection, it is so ordered. gress of Industrial Organizations Teamsters 17, 1999)); and Mr. INHOFE. Mr. President, I am 3. The Coalition to Save Our Military (B) sections 17.22(d) and 17.32(d) of title 50, fully aware that we are not going to be Shopping Benefits Code of Federal Regulations (as in effect on able to get past a unanimous consent 4. National Guard Association of the the date of enactment of this Act). request, but I wanted to make sure the United States (2) RANGE-WIDE PLAN.—The term ‘‘Range- Chair knew and others know that we 5. Military Officers Association of America Wide Plan’’ means the Lesser Prairie-Chick- 6. American Federation of Government have an amendment that I will do the Employees en Range-Wide Conservation Plan of the best I can to bring out. Western Association of Fish and Wildlife 7. Veterans of Foreign Wars Agencies, as endorsed by the United States It is an amendment that already has 8. Armed Forces Marketing Council Fish and Wildlife Service on October 23, 2013, 21 cosponsors. There is a provision in 9. American Logistics Association and published for comment on January 29, the Senate bill that was put in by the 10. American Military Retirees Association 2014 (79 Fed. Reg. 4652). Senate that is not in the House bill 11. American Military Society (3) SECRETARY.—The term ‘‘Secretary’’ that has to do with commissaries. It is 12. American Retirees Association means the Secretary of the Interior. viewed upon as privatizing com- 13. Army and Navy Union (b) PROHIBITION ON TREATMENT AS THREAT- missaries. It is not really that. It is an 14. Gold Star Widows 15. International Brotherhood of Teamsters ENED OR ENDANGERED SPECIES.— attempt to evaluate the idea of the (1) IN GENERAL.—Notwithstanding any 16. Military Order of Foreign Wars prior action by the Secretary, the lesser commissaries being privatized by using 17. Military Order of the Purple Heart prairie-chicken shall not be treated as a five commissaries as test cells to see 18. National Association for Uniformed threatened species or endangered species what kind of result we would get if we Services under the Endangered Species Act of 1973 (16 did privatize them. 19. National Defense Committee U.S.C. 1531 et seq.) before January 31, 2021. What we are doing with my amend- 20. Society of Military Widows (2) PROHIBITION ON PROPOSAL.—Effective be- ment is taking it back—taking that 21. The Flag and General Officers Network ginning on January 31, 2021, the lesser prai- language out—in order to go ahead 22. Tragedy Assistance Program for Sur- vivors rie-chicken may not be treated as a threat- with an assessment before we do that. ened species or endangered species under the 23. Uniformed Services Disabled Retirees Endangered Species Act of 1973 (16 U.S.C. It wouldn’t make sense to me that if 24. Vietnam Veterans of America 1531 et seq.) unless the Secretary publishes a we wanted to get this done, even if we 25. Fleet Reserve Association determination, based on the totality of the felt very passionately about 26. National Military Family Association scientific evidence, that conservation (as privatizing, that we would do it before 27. Military Officers Association of Amer- that term is used in that Act) under the we had an assessment. So the assess- ica Range-Wide Plan and the agreements, pro- ment would be first. 28. The Retired Enlisted Association grams, and efforts referred to in subsection We had a lot of discussion about this 29. Association of the United States Army (c) have not achieved the conservation goals in the Senate Armed Services Com- 30. American Veterans established by the Range-Wide Plan. 31. United States Army Warrant Officers (c) MONITORING OF PROGRESS OF CONSERVA- mittee. As I said, we now have 21 co- Association TION PROGRAMS.—The Secretary shall mon- sponsors who would like to reverse this 32. Jewish War Veterans of the United itor and annually submit to Congress a re- so we can do the assessment and then States of America port on progress in conservation of the lesser make the determination. 33. Association of the United States Navy

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.003 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4085 34. Air Force Sergeants Association that this option was explicitly not rec- that there be 2 minutes equally divided 35. Military Partners and Families Coali- ommended by a recent commission which between the votes and that all votes tion looked comprehensively at the com- after the first be 10 minutes in length. 36. National Association for Uniformed missaries, it makes no sense to begin to pri- Services vatize the commissaries before under- I further ask that notwithstanding 37. American Military Retirees Association standing the impact on costs and services as rule XXII, the cloture vote on the 38. The American Military Partner Asso- well as morale and recruitment. Senator McCain substitute amendment No. 1463 ciation 39. American Logistics Association Inhofe’s amendment would wisely direct DoD occur at 3 p.m. on Tuesday, June 16. 40. Reserve Officer Association to study the impact of privatization, and the The PRESIDING OFFICER. Is there 41. Air Force Association Government Accountability Office to review objection? the DoD’s finding, before the Department is Mr. INHOFE. I also have a synopsis The Democratic leader. of letters of support that is from six directed to privatize the commissaries.’’ AMERICAN MILITARY RETIREES ASSOCIATION: Mr. REID. Mr. President, reserving different organizations, including the ‘‘The American Military Retirees Associa- the right to object, and I initially say Military Officers Association of Amer- tion believes commissary and exchanges are to my impatient friend, he has to be ica; the Armed Forces Marketing Coun- a vital part of military pay and compensa- patient and allow me to say a few cil; the International Brotherhood of tion. Ninety percent of the military commu- nity uses these benefits and consistently words. During the short time we have Teamsters; the American Federation of been in the minority, we have behaved Government Employees, AFL–CIO; the rank[s] them as a top compensation benefit, yielding returns that far outweigh taxpayer in a way that I think is proper for a re- American Military Retirees Associa- support. They also provide critical jobs for sponsible minority. For example, on tion; and saveourbenefit.org. military families and veterans—over 60 per- this bill dealing with the authorization Mr. President, I ask unanimous con- cent of employees are military affiliated— of our defense capacity in the United sent that the synopsis of these six let- and provide healthy living alternatives both States, we have been very clear how we ters representing these organizations stateside and overseas.’’ support the troops. But remember, we be printed in the RECORD. SAVEOURBENEFIT.ORG: ‘‘The Inhofe-Mikul- There being no objection, the mate- ski amendment offers a sensible, pragmatic have this little difficult issue. The rial was ordered to be printed in the and thoughtful approach to examining pri- President of the United States has said vate operation of military commissaries. he is going to veto this bill. So we have RECORD, as follows: Senators Inhofe and Mikulski are right. worked through all this with that in MILITARY OFFICERS ASSOCIATION OF AMER- Study before deciding to implement. Nearly ICA: ‘‘This amendment requires a study in mind. Having said that, in spite of 40 organizations—representing tens of mil- that, we did not ask for a cloture vote lieu of the Senate Armed Service Committee lions of active duty, Guard and Reserve, re- (SASC) language that mandate a privatiza- tirees, military families, veterans and sur- on the motion to proceed. When we tion pilot in at least five commissaries cho- vivors—agree. The Military Compensation were in the majority, having the mi- sen from the commissary agency’s largest and Retirement Modernization Commission nority not do that was a big day. It U.S. markets. MOAA commends this ap- (MCRMC) surveyed the private sector and happened extremely rarely. We have proach. To conduct a privatization pilot found no interest among major retailers to been doing that consistently—with without proper assessment could result in operate on military bases. The Commission, unintended consequences, putting this high- some exceptions but not many. chartered by the Senate, found that com- On this Defense bill, we have allowed ly valued benefit at risk The commissary is missaries were worth preserving and rec- a vital part of military compensation pro- ommended changes to the current struc- amendments to become pending. There viding a significant benefit to military fami- ture—not privatization.’’ are a dozen or so pending right now. We lies. The average family of four who shops have allowed the Senate to conduct exclusively at the commissary sees a savings Mr. INHOFE. Mr. President, it is my intention, as soon as we get to the votes. We have allowed managers’ of up to 30 percent.’’ amendments to be cleared—lots of ARMED FORCES MARKETING COUNCIL: ‘‘What point where we can get into the queue is at stake for military families: Loss of up and get unanimous consent to set the them. We have reacted in a responsible to 30% savings on a market basket of prod- current business aside—it would be my way. We have no regret for having done ucts for military families. That equates to intention to do that to consider this that. over $4000 per year for a family of four. Loss amendment. The two managers were working to- of jobs for military family members. Over 60 I yield the floor. gether to get amendments pending in a percent of DeCA employees are military re- I suggest the absence of a quorum. mutually agreed-upon fashion when lated and their jobs are transferable, allow- The PRESIDING OFFICER. The ing them to retain their positions and se- out of the blue, up comes this cyber se- clerk will call the roll. curity amendment. It was also done in niority when the military provides perma- The senior assistant legislative clerk nent change of station orders. Families a very unusual way where Senator would be required to pay sales taxes on gro- proceeded to call the roll. BURR employed parliamentary devices ceries. Loss of a cherished benefit that is en- Mr. MCCAIN. Mr. President, I ask to get the cyber security bill pending joyed by 95% of the active force. Loss of traf- unanimous consent that the order for to where we are right now. We could the quorum call be rescinded. fic at commissaries will adversely impact have been playing around all week with sales in military exchanges by up to 40%. The PRESIDING OFFICER. Without This will diminish the dividend that supports objection, it is so ordered. our offering amendments, but I have quality of life programs for military fami- Mr. MCCAIN. Mr. President, I ask always felt that it should be done ex- lies.’’ unanimous consent that notwith- tremely rarely, for the minority to do INTERNATIONAL BROTHERHOOD OF TEAM- standing rule XXII, the cloture vote on something like that. We could have STERS: ‘‘The commissary system is a vital amendment No. 1569 be moved to 3 p.m. done that. benefit to our nation’s active military, their If you look at the amendments that families, and veterans across the country. today. I ask unanimous consent that it The system provides thousands of jobs for be in order to call up the following have been offered by us Democrats, American Teamsters in the warehouse, ship- amendments: Ernst No. 1549, Gillibrand they are all, with rare exception, deal- ping, and food distribution industries. Com- No. 1578, Whitehouse No. 1693, Fischer- ing with the security of this Nation— missaries also provide a needed benefit for Booker No. 1825, Collins No. 1660, not sage grouse, not all the other military spouses and family members, who Cardin No. 1468; that at 11 a.m. on things the Republicans have brought make up nearly 30 percent of Department of Tuesday, June 16, the Senate vote in up in this bill. Commissary employees.’’ relation to the following amendments To say that the Ex-Im Bank and the AMERICAN FEDERATION OF GOVERNMENT EM- PLOYEES (AFL–CIO): ‘‘The Department of De- in the order listed: Fischer-Booker No. cyber security amendments have im- fense’s (DoD) commissaries and exchanges 1825; Collins No. 1660; Cardin No. 1468; peded progress is a gross understate- (Army and Air Force Exchange Service, Gillibrand No. 1578; Ernst No. 1549; ment. The cyber security bill is a AAFES) are an earned benefit treasured by Whitehouse No. 1693; Durbin No. 1559, major bill in its own way—a major bill. military families and an important contrib- as modified; and Paul No. 1543; that I can speak with some authority in this utor to their quality of life. The modest cost there be no second-degree amendments regard. Five years ago, I got every of providing military families with inexpen- in order to any of these amendments committee chair who had jurisdiction sive but essential goods and services is al- most invisible in the Department’s overall prior to the votes, and that the Gilli- over this subject and we met over a pe- budget. Given that privatization of the com- brand, Ernst, Whitehouse, Durbin, and riod of days to come up with a cyber missaries has been repeatedly rejected by Paul amendments require a 60-affirma- security bill. We did that. Republicans the executive and legislative branches and tive-vote threshold for adoption; also, stopped us. We kept getting a smaller

VerDate Sep 11 2014 04:28 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.025 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4086 CONGRESSIONAL RECORD — SENATE June 11, 2015 group of people involved as we were Armed Services Committee if he would object, I will point out that the De- narrowing the bill, and we actually modify his consent request as follows. fense appropriations bill was reported were scheduled to finally have a vote Mr. President, I ask unanimous con- out of the Appropriations Committee on the cyber security bill. It wasn’t as sent that the cloture motion with re- today with only three members voting good as I thought we should have, but spect to amendment No. 1569—that is against it. There was a lot of discus- it was an important bill. And what cyber security—as modified, be with- sion about the Democratic leader say- happened on that? The chamber of drawn; that the pending amendment ing ‘‘We are not going to pass the bill,’’ commerce made a call to some of the No. 1569—again, that is cyber secu- but when the votes were counted, only Republican leaders in the Senate, and rity—as modified, be withdrawn; and three members—all on the Democratic suddenly that bill was gone and we that upon the disposition of H.R. 1735, side but only three—voted against re- were voting on another ObamaCare the Defense authorization bill, the Sen- porting the bill out of committee. amendment that, of course, went no- ate proceed to the consideration of Cal- My good friend the Democratic lead- where. endar No. 28, S. 754. That is the bill er and I have had this discussion back But we have tried cyber security. which came out of the Intelligence and forth, but one of the advantages of The Intelligence Committee reported Committee. being in the majority is that we set the out this bill, and I appreciate that they The PRESIDING OFFICER. The ma- schedule, and we are going to do the did. It was on a bipartisan basis, but it jority leader. Defense appropriations bill after we do also contains a lot of matter within the Mr. MCCONNELL. Mr. President, re- the Defense authorization bill; there- jurisdiction of other committees—for serving the right to object, I am going fore, I object. example, the Homeland Security Com- to propose a modification of the con- The PRESIDING OFFICER. Is there mittee and the Judiciary Committee. sent request propounded by the Demo- objection to the request of the major- To her credit, the ranking member, cratic leader: that following disposi- ity leader? Senator FEINSTEIN, recognized that and tion of H.R. 2685, the Defense appro- Mr. REID. Yes. went to the Democrats and said: We priations bill, the Senate turn to con- The PRESIDING OFFICER. Objec- will work with you and make sure the sideration of S. 754, the cyber security tion is heard. problems you have with this bill when measure reported by the Senate Intel- Does the Senator from Arizona mod- it gets to the floor—we will work with ligence Committee. I further ask that ify his request with the request of the you on this. there be 10 relevant amendments to be Democratic leader? Senator FEINSTEIN is a person of her offered by each bill manager or des- Mr. MCCAIN. Mr. President, may I word. I know she will do that, and she ignee, with 1 hour of debate followed by make a couple of comments real quick will do that. a vote on the amendments offered, with before the distinguished majority lead- This morning, the Republican leader, a 60-vote threshold on those amend- er modifies his request? who is on the floor, was saying that we ments that are not germane to the bill. The PRESIDING OFFICER. The Sen- just had an attack on 4 million people The PRESIDING OFFICER. Is there ator from Arizona. and that it is Obama’s fault. I think objection to the request of the major- Mr. MCCAIN. I would remind my that is stretching things a little bit, es- ity leader? good friend from Nevada, the Demo- pecially recognizing that I have only The minority leader. cratic leader, for the last 2 years we given a brief travel through the times Mr. REID. Mr. President, reserving took up the Defense authorization bill, we have tried to get up the cyber secu- the right to object to my friend’s modi- and it was taken up so late there was rity legislation. We should take the fication, I repeat, the cyber security not a single amendment—not a single, time to do it right. bill is important and the Senate should solitary amendment on the Defense au- I have told the chairman of the turn to it, but putting it after the De- thorization bill for the last 2 years. So Armed Services Committee, and I have fense appropriations bill is a false I understand the Democratic leader’s checked with our ranking member of promise. It is a facade. I think it is commitment to amendments. It is too the Finance Committee, who is ex- very clear. I heard the Republican lead- bad that for 2 years we never had a sin- tremely interested—and hasn’t been for er give a speech on the floor today that gle amendment to the Defense author- 10 minutes or 10 days or 10 months but he knows, unless there are some ization bill. 10 years—in privacy. He has been our changes made, we are not going to get As far as relevant amendments are leader on privacy on this side of the on the Defense appropriations bill. So concerned, one of the things about this aisle, and he believes we could finish it, this is a false promise. body is that everybody has the right to if we had a free shot at this cyber bill, If we could do it in a more specific, propose an amendment until their in a couple of days—and I agree with determined time, that would be one amendments are not made germane. him—at the most. So we are not trying thing, but the Republican leader obvi- The three pending Democratic amend- to avoid cyber. I believe—we believe it ously has no plan to complete the De- ments we have now on the bill are not is an important part of what we need fense appropriations bill if this is how germane. to do. But we should take time to do it we are proceeding; rather, they are pro- So all I can say is that I hope we can right. We should not be tacking this ceeding ahead with his partisan budget get a modification. I hope we can move important piece of legislation onto a plan—a plan the President said will not forward. bill the President has already said he is become law. I just wish to point out one more going to veto just so the Republicans Until Republicans sit down to work time what I know that my colleagues can blame Obama for vetoing this bill out a bipartisan Senate budget, the have heard over and over, and I will as well. Senate will not finish the Defense au- make it brief. Henry Kissinger testified If the majority would withdraw their thorization bill. Once again, the right before the Senate Armed Services Com- cyber amendment and agree to take it way to do this would be to consider the mittee that the world has never been in up after this bill, we could do it in a cyber security bill on its own merits more crises. This world is at risk, and couple of days and then we could re- after the Defense authorization bill is we have to—we have to protect the turn to working on the Defense bill. done. It would take 2 days. men and women who are serving in our But we cannot take up all these new So I ask the majority leader if he security. I would argue that a national amendments my friend the chairman of would modify his consent request to defense authorization act is probably the committee wants to set up votes the following: that upon disposition of more important now than it has been on—we have the 9 he talks about, plus the Defense authorization bill, H.R. at any time in recent history. 6; that is 15—until we resolve this mat- 1735, the Senate proceed to consider- I refuse to modify my request. ter dealing with cyber security. ation of Calendar No. 28, S. 754, which The PRESIDING OFFICER. Is there So without belaboring the point—and is the cyber security bill. objection to the Senator’s original re- I appreciate my impatient friend being The PRESIDING OFFICER. The ma- quest? patient with me and listening to me go jority leader. Mr. REID. Which Senator? through all of this—I ask the majority Mr. MCCONNELL. Mr. President, re- The PRESIDING OFFICER. The Sen- leader or my friend the chairman of the serving the right to object, and I will ator from Arizona.

VerDate Sep 11 2014 02:19 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.039 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4087 Mr. REID. Yes, I object. Standing Rules of the Senate, do hereby Mr. REID. Mr. President, we have on The PRESIDING OFFICER. Objec- move to bring to a close debate on H.R. 1735, the Senate floor an authorization bill tion is heard. an act to authorize appropriations for fiscal for about $600 billion—Defense author- The majority leader. year 2016 for military activities of the De- ization for about $600 billion. I can’t partment of Defense, for military construc- Mr. MCCONNELL. Mr. President, I tion, and for defense activities of the Depart- imagine the procedural games, the chi- ask unanimous consent that notwith- ment of Energy, to prescribe military per- canery involved in this. Why did we standing rule XXII, the cloture vote on sonnel strengths for such fiscal year, and for yesterday have on this bill something amendment No. 1569 be moved to 3 p.m. other purposes. on Ex-Im Bank? Was it just to check it today and that the mandatory quorum Mitch McConnell, John McCain, Richard off so they could say we tried and call be waived. C. Shelby, Jeff Flake, John Barrasso, Democrats wouldn’t let us do it? Why The PRESIDING OFFICER. Is there John Cornyn, Mike Rounds, Jeff Ses- would we have on this $600 billion bill sions, Shelley Moore Capito, Lamar objection? Alexander, Lindsey Graham, Joni dealing with the security of this Na- Mr. REID. Mr. President, reserving Ernst, John Hoeven, Roger F. Wicker, tion something else that also deals the right to object. Kelly Ayotte, Richard Burr, Thom with the security of this Nation and The PRESIDING OFFICER. The mi- Tillis. that deserves a separate piece of legis- nority leader. The PRESIDING OFFICER. The ma- lation so we can have amendments and Mr. REID. Mr. President, I will be ex- jority leader. talk about that? We have agreed to do tremely brief. We can have a debate AMENDMENT NO. 1569, AS MODIFIED it in a very short period of time. here. We can look at all the press clip- Mr. MCCONNELL. Mr. President, in There is no good reason for doing it pings of both sides on what happened in just a moment, the Senate will con- this way. We should limit the matter the last 2 years on Defense authoriza- sider an important cyber security at hand to the Defense authorization tion. We didn’t get a bill. We got a bill, measure. I urge every one of my col- bill at some $600 billion, and then we but it was done in secret by the man- leagues to support it. have agreed to go to cyber security. We agers of the two bills in the House and USA TODAY recently cited a cyber are willing to do that. But I cannot the Senate. The reason that hap- security expert who noted that this imagine—I cannot imagine—why the pened—it wasn’t our fault. They Senate legislation has the potential to Republican leader is doing this. It wouldn’t let us on the bill—‘‘they’’ greatly reduce the number of victims makes a mockery of the legislative meaning the Republicans. So we can targeted by the kinds of hackers we process. debate that all we want. Those are the have seen in recent years. It contains Mr. WYDEN. Will the leader yield for facts. modern tools to help deter future at- a question? I do not object to my friend’s re- tacks against both the government and Mr. REID. I will be happy to yield to quest. the private sector, to provide them the ranking member of the committee The PRESIDING OFFICER. Without with knowledge to erect stronger de- for a question. Mr. WYDEN. Leader, I strongly op- objection, it is so ordered. fenses, and to get the word out faster pose cloture on this cyber measure and The majority leader. about attacks when they are detected. I want to ask the Senator a question. CLOTURE MOTION The top Democrat on the Intelligence I think we all understand how dan- Committee reminded us that the cyber Mr. MCCONNELL. Mr. President, I gerous hackers are. They are increas- security measure before us would also send a cloture motion to the desk on ingly sophisticated. The most dan- protect individual privacy and civil lib- the McCain substitute amendment No. gerous hackers rarely use the same erties. She has urged Congress to ‘‘act 1463. technique twice. I believe what the quickly’’ to deter a threat that is lit- The PRESIDING OFFICER. The clo- Senator is saying is we can’t deal with erally impossible to overstate. ture motion having been presented this responsibly by stapling the cyber under rule XXII, the Chair directs the The White House has also urged Con- gress to act. bill to something else. Is that one of clerk to read the motion. the key reasons the leader is opposing The bill clerk read as follows: The new Congress has been asked to act, and today we are, with a good, this? CLOTURE MOTION strong, transparent, bipartisan meas- The PRESIDING OFFICER. All time We, the undersigned Senators, in accord- ure which has been thoroughly vetted has expired. ance with the provisions of rule XXII of the Mr. REID. Mr. President, respect- by both parties in committee and Standing Rules of the Senate, do hereby fully, I suggest we are on leader time which has been available for months— move to bring to a close debate on the now. My time is protected—or used to literally months—for anyone to read. McCain amendment No. 1463 to H.R. 1735, an be—and the Senator asked me a ques- act to authorize appropriations for fiscal It was endorsed by nearly every Demo- tion. I yielded to him for a question. He year 2016 for military activities of the De- crat and every Republican on the Intel- should have the right to answer the partment of Defense, for military construc- ligence Committee, 14 to 1. It is also question. tion, and for defense activities of the Depart- backed by a broad coalition of sup- ment of Energy, to prescribe military per- The PRESIDING OFFICER. Without porters, everyone from the chamber of sonnel strengths for such fiscal year, and for objection it is so ordered. other purposes. commerce to the United States Mr. WYDEN. I will be very brief. Mitch McConnell, John McCain, Richard Telecom Association. I oppose cloture on the cyber meas- C. Shelby, Jeff Flake, John Barrasso, It is legislation that is all about pro- ure. I think what the leader is saying is John Cornyn, Mike Rounds, Jeff Ses- tecting our country, which is why it that the cyber measure is so serious we sions, Shelley Moore Capito, Lamar makes perfect sense to consider it shouldn’t deal with it by stapling it to Alexander, Lindsey Graham, Joni alongside defense legislation with the Ernst, John Hoeven, Roger F. Wicker, something else. It is so important we very same aim. Cyber security amend- ought to have an opportunity over that Kelly Ayotte, Richard Burr, Thom ments can be offered, and the debate Tillis. 2-day period to deal with it separately; will continue. CLOTURE MOTION is that the leader’s view? So let’s work together to advance Mr. REID. Without any question. Mr. MCCONNELL. Mr. President, I this measure. There are now 4 million send a cloture motion to the desk with CLOTURE MOTION extra reasons for Congress to act The PRESIDING OFFICER. Pursuant respect to the underlying House bill, quickly. The sooner we do, the sooner H.R. 1735. to rule XXII, the Chair lays before the we can conference it with similar legis- Senate the pending cloture motion, The PRESIDING OFFICER. The clo- lation that passed the House and get a ture motion having been presented which the clerk will state. good cyber security law enacted to help The bill clerk read as follows: under rule XXII, the Chair directs the protect our country. The opportunity CLOTURE MOTION clerk to read the motion. to begin doing that will come in a few The bill clerk read as follows: We, the undersigned Senators, in accord- moments with a vote for cloture on ance with the provisions of rule XXII of the CLOTURE MOTION this bipartisan cyber security bill. Standing Rules of the Senate, do hereby We, the undersigned Senators, in accord- The PRESIDING OFFICER (Mr. CAS- move to bring to a close debate on amend- ance with the provisions of rule XXII of the SIDY). The minority leader. ment No. 1569, as modified, to the McCain

VerDate Sep 11 2014 05:02 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.040 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4088 CONGRESSIONAL RECORD — SENATE June 11, 2015 amendment No. 1463 to H.R. 1735, an act to Three-fifths of the Senators duly cho- suppliers and their employees in Michi- authorize appropriations for fiscal year 2016 sen and sworn not having voted in the gan and across the country. Remanu- for military activities of the Department of affirmative, the motion is rejected. factured parts are usually less expen- Defense, for military construction, and for Mr. CARPER. Mr. President, I sug- sive than similar parts and have been defense activities of the Department of En- gest the absence of a quorum. returned to same-as-new condition ergy, to prescribe military personnel The senior assistant legislative clerk strengths for such fiscal year, and for other using a standardized industrial process. purposes. proceeded to call the roll. The United States is the largest pro- Mitch McConnell, Lamar Alexander, Mr. COATS. Mr. President, I ask ducer, consumer, and exporter of re- John Cornyn, Orrin G. Hatch, David unanimous consent that the order for manufactured goods. Remanufacturing Perdue, Bob Corker, Michael B. Enzi, the quorum call be rescinded. of motor vehicle parts accounts for Susan M. Collins, Jeff Flake, Mike The PRESIDING OFFICER. Without over 30,000 full-time U.S. jobs, and our Rounds, Richard Burr, David Vitter, objection, it is so ordered. country employs over 20,000 workers James M. Inhofe, Daniel Coats, John WELCOMING VISITORS FROM WHEATON COLLEGE McCain, Deb Fischer, Tom Cotton. remanufacturing off-road equipment. Mr. COATS. Mr. President, now that In addition to the cost savings using The PRESIDING OFFICER. By unan- we concluded the vote, I would like to remanufactured parts, it also has sig- imous consent, the mandatory quorum announce for the RECORD that I am nificant environmental benefits. Re- call has been waived. privileged and honored to be able to manufacturing saves energy by reusing The question is, Is it the sense of the host a number of people from my alma raw materials such as iron, aluminum, Senate that debate on amendment No. mater, Wheaton College. The board of and copper. On average, the remanufac- 1569, as modified, offered by the Sen- trustees is holding a meeting here in turing process saves approximately 85 ator from Arizona, Mr. MCCAIN, for the Washington. They are visiting the Cap- percent of the energy and material Senator from North Carolina, Mr. itol and we are about to go on a tour. used to manufacture equivalent new I want to thank them for their serv- BURR, to the substitute amendment products. ice to our college and to America. They No. 1463, shall be brought to a close? I urge my colleagues to support S. are spending a good amount of time The yeas and nays are mandatory 565, the Federal Vehicle Repair Cost here working through issues that are under the rule. Savings Act, commonsense legislation very important to the school. Wheaton The clerk will call the roll. that is good for taxpayers, our environ- College is an evangelical school that The senior assistant legislative clerk ment, and American manufacturers. has been true to the faith in dealing called the roll. Mr. President, I also rise to support with the challenges that exist today. I Mr. CORNYN. The following Senators the bipartisan Ayotte-Peters amend- am pleased to be able to acknowledge are necessarily absent: the Senator ment to authorize bilateral research that they are here visiting the Capitol, from Texas (Mr. CRUZ) and the Senator and development with Israel on anti- and enjoying the sites of Washington from Florida (Mr. RUBIO). tunnel capabilities. while making some tough decisions. Mr. DURBIN. I announce that the I yield the floor. I appreciate Senator AYOTTE’s efforts Senator from Vermont (Mr. LEAHY) and The PRESIDING OFFICER. The Sen- to work together on this critical mat- the Senator from Oregon (Mr. ator from Vermont. ter of national security. Israel remains MERKLEY) are necessarily absent. (The remarks of Mr. SANDERS per- our closest ally in the Middle East, and The PRESIDING OFFICER. Are there taining to the introduction of S. 1564 this amendment will further our shared any other Senators in the Chamber de- are printed in today’s RECORD under cooperation to increase security for siring to vote? ‘‘Statements on Introduced Bills and both Americans and Israelis. The yeas and nays resulted—yeas 56, Joint Resolutions.’’) Our ally Israel faces significant nays 40, as follows: The PRESIDING OFFICER. The Sen- threats from underground tunnels built [Rollcall Vote No. 207 Leg.] ator from Michigan. by terrorists intent on murdering inno- cent Israelis. Hamas and Hezbollah YEAS—56 FEDERAL VEHICLE REPAIR COST SAVINGS ACT Mr. PETERS. Mr. President, I rise to threaten Israel with an extensive net- Alexander Ernst Murkowski work of sophisticated tunnels which Ayotte Fischer Nelson urge my colleagues to support the bi- Barrasso Flake Perdue partisan legislation I introduced with are used to smuggle weapons and carry Bennet Gardner Portman my colleague Senator LANKFORD, the out kidnappings and attacks against Blunt Graham Risch Federal Vehicle Repair Cost Savings Israeli citizens. Boozman Grassley Roberts Burr Hatch Act. These are not simple tunnels dug by Rounds hand with shovels. These tunnels cost Capito Hoeven Sasse I am pleased the Senate is consid- Cassidy Inhofe Scott ering the first bill I introduced as a millions of dollars and are built with Coats Isakson Sessions thousands of tons of concrete. Often Cochran Johnson Senator, which was approved by the Shelby Collins King Homeland Security and Governmental they are built using resources intended Corker Kirk Sullivan Affairs Committee on a unanimous for humanitarian purposes in Gaza but Cornyn Klobuchar Thune are instead diverted to terrorist activ- Cotton Lankford Tillis vote earlier this year. Crapo Manchin Toomey I appreciate Senator LANKFORD ity. They are constructed with machin- Daines McCain Vitter partnering with me to work on this ery designed to avoid detection. In Donnelly McConnell Warner legislation in committee and as it has some cases, Hamas has filled the tun- Enzi Moran Wicker moved to the Senate floor. I look for- nels with provisions to last several NAYS—40 ward to continuing to work with him months. The Israeli Defense Forces Baldwin Heinrich Reed as a member of the subcommittee he called the tunnels underneath Gaza an Blumenthal Heitkamp Reid chairs, the Regulatory Affairs and Fed- underground city of terror. Booker Heller Sanders Bomb attacks from tunnels dug by Boxer Hirono eral Management Subcommittee. Schatz I also appreciate that my colleague terrorist organizations are a growing Brown Kaine Schumer Cantwell Lee Shaheen from Michigan Representative threat to forward deployed U.S. forces Cardin Markey Stabenow HUIZENGA has introduced bipartisan and our diplomatic personnel abroad. Carper McCaskill Tester Terrorists carry out these attacks by Casey Menendez companion legislation in the House of Udall Coons Mikulski Representatives. digging tunnels underneath a target Warren Durbin Murphy The Federal Vehicle Repair Cost Sav- and detonating explosives. Whitehouse Feinstein Murray ings Act is a bipartisan, commonsense Earlier this week, the publication Franken Paul Wyden Gillibrand Peters measure that will help save taxpayers Defense One reported that ISIS is also money and promote conservation by using tunnel bombs as a tactic, deto- NOT VOTING—4 encouraging Federal agencies to use re- nating at least 45 tunnel bombs in Iraq Cruz Merkley manufactured auto parts when they are and Syria over the last 2 years. Leahy Rubio maintaining their fleets of vehicles. We face threats from tunnels on The PRESIDING OFFICER. On this In addition to saving money, this leg- American soil as well. Our own Border vote, the yeas are 56, the nays are 40. islation also supports remanufacturing Patrol and law enforcement on the

VerDate Sep 11 2014 02:34 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.041 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4089 southern border are up against drug AMENDMENT NO. 1549 TO AMENDMENT NO. 1463 ance required for transfers of such assistance smugglers, human traffickers, and Mr. MCCAIN. Mr. President, I call up should be secured from the Kurdistan Re- other global criminal organizations the Ernst amendment No. 1549. gional Government. using tunnels to sneak drugs, weapons, The PRESIDING OFFICER. The (2) CONSTRUCTION AS PRECEDENT.—Nothing and people across our border illegally. clerk will report. in this section shall be construed as estab- lishing a precedent for the future provision I serve on the Homeland Security The legislative clerk read as follows: of assistance described in subsection (d) to Committee and understand the threat The Senator from Arizona [Mr. MCCAIN], organizations other than a country or inter- our Border Patrol agents and law en- for Mrs. ERNST, proposes an amendment national organization. forcement face from transnational numbered 1549 to amendment No. 1463. (f) REPORTS.— criminal organizations using tunnels Mr. MCCAIN. I ask unanimous con- (1) INITIAL REPORT.—Not later than 45 days along our southern border. These sent that the reading of the amend- after the date of the enactment of this Act, criminals flow to the path of least re- ment be dispensed with. the President shall submit to the appro- sistance, and as our border security ef- The PRESIDING OFFICER. Without priate congressional committees a report forts address one threat, they seek objection, it is so ordered. that includes the following: other methods to avoid detection and The amendment is as follows: (A) A timeline for the provision of defense continue their criminal activity. (Purpose: To provide for a temporary, emer- articles, defense services, and related train- When the U.S. Border Patrol blocked gency authorization of defense articles, de- ing under the authority of subsections (d)(1) drug smugglers and human traffickers fense services, and related training di- and (d)(2). (B) A description of mechanisms and proce- from utilizing existing drainage tun- rectly to the Kurdistan Regional Govern- ment) dures for end-use monitoring of such defense nels, the criminals began digging their articles, defense services, and related train- own tunnels. We need to stay ahead of At the end of section 1229, add the fol- ing. lowing: these threats, and that is why we must (C) How such defense articles, defense serv- (c) STATEMENT OF POLICY.—It is the policy conduct critical research and develop- ices, and related training would contribute of the United States to promote a stable and to the foreign policy and national security of ment so we can detect and destroy unified Iraq, including by directly providing the United States, as well as impact security these dangerous tunnels. the Kurdistan Regional Government mili- in the region. This amendment will authorize joint tary and security forces associated with the (2) UPDATES.—Not later than 180 days after research and development with Israel Government of Iraq with defense articles, de- the submittal of the report required by para- fense services, and related training, on an on anti-tunnel capabilities. This joint graph (1), and every 180 days thereafter emergency and temporary basis, to more ef- approach will help us work together on through the termination pursuant to sub- fectively partner with the United States and research and development against this section (i) of the authority in subsection (d), shared threat. other international coalition members to de- feat the Islamic State of Iraq and the Levant the President shall submit to the appro- The amendment requires Israel to (ISIL). priate congressional committees a report up- dating the previous report submitted under share in the cost of this research and (d) AUTHORIZATION.— this subsection. In addition to any matters provides a framework for sharing intel- (1) MILITARY ASSISTANCE.—The President, lectual property developed together be- in consultation with the Government of Iraq, so updated, each report shall include a de- fore action is carried out. This amend- is authorized to provide defense articles, de- scription of any delays, and the cir- cumstances surrounding such delays, in the ment will allow the Department of De- fense services, and related training directly to Kurdistan Regional Government military delivery of defense articles, defense services, fense to work with Israel to develop a and related training to the Kurdistan Re- capability that will be used to protect and security forces associated with the Gov- ernment of Iraq for the purpose of supporting gional Government pursuant to the author- our homeland and our troops abroad as international coalition efforts against the Is- ity in subsections (d)(1) and (d)(2). well as those of our ally. lamic State of Iraq and the Levant (ISIL) (3) FORM.—Any report under this sub- This amendment will make clear and any successor group or associated forces. section shall be submitted in unclassified that joint research and development on (2) DEFENSE EXPORTS.—The President is au- form, but may include a classified annex. anti-tunnel capabilities can and should thorized to issue licenses authorizing United (4) DEFINITION.—In this subsection, the be part of our security cooperation States exporters to export defense articles, term ‘‘appropriate congressional commit- with Israel. It will also send a strong defense services, and related training di- tees’’ means— (A) the Committee on Foreign Relations, message that the Senate recognizes the rectly to the Kurdistan Regional Govern- ment military and security forces described the Committee on Appropriations, the Com- threat posed by tunnels intended for in paragraph (1). For purposes of processing mittee on Armed Services, and the Select attacks against Israel, and this co- applications for such export licenses, the Committee on Intelligence of the Senate; operation will help us secure our own President is authorized to accept End Use and borders as well. Certificates approved by the Kurdistan Re- (B) the Committee on Foreign Affairs, the I urge all my colleagues to support gional Government. Committee on Appropriations, the Com- the Ayotte-Peters amendment No. 1628. (3) TYPES OF ASSISTANCE.—Assistance au- mittee on Armed Services, and the Perma- I yield the floor. thorized under paragraph (1) and exports au- nent Select Committee on Intelligence of the I suggest the absence of a quorum. thorized under paragraph (2) may include House of Representatives. The PRESIDING OFFICER. The anti-tank and anti-armor weapons, armored (g) NOTIFICATION.—The President should clerk will call the roll. vehicles, long-range artillery, crew-served provide notification to the Government of weapons and ammunition, secure command Iraq, when practicable, not later than 15 The legislative clerk proceeded to and communications equipment, body call the roll. armor, helmets, logistics equipment, excess days before providing defense articles, de- Mr. MCCAIN. Mr. President, I ask defense articles and other military assist- fense services, or related training to the unanimous consent that the order for ance that the President determines to be ap- Kurdistan Regional Government under the the quorum call be rescinded. propriate. authority of subsection (d)(1) or (d)(2). The PRESIDING OFFICER. Without (e) RELATIONSHIP TO EXISTING AUTHORI- (h) ADDITIONAL DEFINITIONS.—In this sec- objection, it is so ordered. TIES.— tion, the terms ‘‘defense article’’, ‘‘defense (1) RELATIONSHIP TO EXISTING AUTHORI- Mr. MCCAIN. Mr. President, I ask service’’, and ‘‘training’’ have the meanings TIES.—Assistance authorized under sub- unanimous consent that amendment section (b)(1) and licenses for exports author- given those terms in section 47 of the Arms No. 1569, as modified, be withdrawn; ized under subsection (d)(2) shall be provided Export Control Act (22 U.S.C. 2794). that the next first-degree amendments pursuant to the applicable provisions of the (i) TERMINATION.—The authority to provide in order to H.R. 1735, the Defense au- Arms Export Control Act (22 U.S.C. 2751 et defense articles, defense services, and related thorization bill, be the Gillibrand seq.) and the Foreign Assistance Act of 1961 training under subsection (d)(1) and the au- amendment No. 1578 and the Ernst (22 U.S.C. 2151 et seq.), notwithstanding any thority to issue licenses for exports author- requirement in such applicable provisions of amendment No. 1549; and that the ized under subsection (d)(2) shall terminate Gillibrand and Ernst amendments be law that a recipient of assistance of the type authorized under subsection (d)(1) shall be a on the date that is three years after the date subject to a 60-affirmative-vote thresh- country or international organization. In ad- of the enactment of this Act. old. dition, any requirement in such provisions of Mr. MCCAIN. I yield the floor. The PRESIDING OFFICER. Is there law applicable to such countries or inter- objection? national organizations concerning the provi- The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. sion of end use retransfers and other assur- ator from Rhode Island.

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The sharing of cyber threat in- amendment be set aside and on behalf speak, in terms of our national secu- formation will help us as a country deter future cyber attacks, and it helps of Senator GILLIBRAND I call up amend- rity—have the resources we are mor- ment No. 1578. ally committed and duty-bound to pro- both the public and the private sector The PRESIDING OFFICER. The vide them. to act in a more nimble way when at- tacks are detected. So the fact that clerk will report. So when voting for the Defense au- seven Democrats joined virtually all The legislative clerk read as follows: thorization bill, we as legislators are fulfilling our responsibilities, just as Republicans to move forward with this The Senator from Rhode Island [Mr. REED], bill, tells me the Democratic position for Mrs. GILLIBRAND, proposes an amendment those who wear the uniform are per- numbered 1578 to amendment to 1463. forming their duties—no more, no is not monolithic. In other words, when less—although I must say ours is a tad the Democratic leader and the senior Mr. REED. I ask unanimous consent Senator from New York say it is our that the reading of the amendment be safer than they are experiencing, to be sure. plan to shut down the Senate and not dispensed with. to cooperate to get the people’s work The PRESIDING OFFICER. Without With so much at stake for the secu- rity of our country, the well-being of done, not every Member of the Demo- objection, it is so ordered. cratic minority are comfortable with (The amendment is printed in the our folks in uniform as well as the fam- ilies of those servicemembers hanging that cynical strategy—and good for RECORD of June 3, 2015, under ‘‘Text of in the balance, as I mentioned yester- them. Amendments.’’) The refusal to move forward with Mr. REED. Thank you, Mr. Presi- day, it is particularly disappointing that the Democratic leader has charac- this legislation, particularly the cyber dent. security part of this discussion, is just The PRESIDING OFFICER. The Sen- terized the discussion of this bill as ‘‘a waste of time.’’ I really have to believe unconscionable. ator from Arizona. Let me give my colleagues some he would want to take those words Mr. MCCAIN. Mr. President, as is ob- other headlines. Just last week, there back because it certainly is not a waste vious, we have an agreement to votes was a massive breach at the Office of on both the Gillibrand and Ernst of time. Unfortunately, it is becoming more Personnel Management. The sensitive amendments. I would imagine it may personal information of up to 4 mil- and more evident that the threats of require a recorded vote, but I am not lion—4 million—current and former the Democratic leader and the Presi- positive. Then, we are planning on Federal employees may have been com- dent of the United States to stall Re- moving forward with additional amend- promised. There are now reports that publicans’ efforts to get this bill passed ments as agreed to by both sides and a the stolen data includes login informa- quickly is just the first step to a larger managers’ package as well. That is our tion and credentials that is actively political strategy. The reason I know intention. I am told that at some point being traded, bought, and sold online. that is not because it just occurred to there may be a cloture motion on the Now, we will await the details of the me—an epiphany—it is because they bill as well. current investigation into this, but we said so in the pages of the Washington So I wish to thank the Senator from know it has great potential to harm Post just yesterday. Rhode Island for his continued coopera- not only the privacy interests and the The headline says it all: ‘‘Democrats financial interests of the people af- tion, and hopefully we can get as many prepare for filibuster summer.’’ That is Members’ amendments as possible up fected but also our national security. the headline in the Washington Post We know there are state actors—nota- and voted on and finish the bill, at the yesterday. soonest, next week. bly China and Russia—who are, on a The article goes on to say: ‘‘Demo- regular basis, engaged in cyber attacks f crats have decided to block all spend- against the United States in an effort MORNING BUSINESS ing bills starting with the defense ap- to steal our intellectual property as propriations measure headed to the Mr. MCCAIN. Mr. President, I ask well as in order to do intelligence oper- floor next week.’’ ations using the Internet and using unanimous consent that the Senate So imagine my surprise when yester- proceed to a period of morning busi- cyber space. day the Democratic leader came to the Now, in terms of the personal inter- ness, with Senators permitted to speak floor and accused Republicans of ests of these employees, it may expose therein for up to 10 minutes each. threatening to shut down the govern- them—many of whom may work with The PRESIDING OFFICER. Without ment, the same day his colleague, the national security matters—to further objection, it is so ordered. senior Senator from New York, de- targeting by hackers, identity thieves, Mr. MCCAIN. I await the impressive tailed their strategy to block all appro- and even foreign intelligence agents. and loquacious and convincing words of priations bills, in the Washington Post. At the end of last month, it was re- the Senator from Texas. One thing we have to love about our ported that the data of more than I yield the floor. friends across the aisle: They are not 100,000 taxpayers was stolen at the IRS. The PRESIDING OFFICER. The Sen- unclear, nor are they timid, about tell- Just so colleagues understand the rea- ator from Texas. ing us what their plans are. Indeed, it son for my concern, the former Acting Mr. CORNYN. Mr. President, I appre- is there for the world to read and for us Director of the CIA, on June 11, 2015, ciate the comments of my friend from to read. when asked about former Senator and Arizona, but if I am going to be as lo- But let me say it again. Hours after former Secretary of State Hillary Clin- quacious as he suggested, it may take the Democratic leader laid out their ton’s decision to put all of her official me a little more than 10 minutes, so I plans to filibuster all government emails at the Secretary of State’s of- ask unanimous consent to speak for up spending bills, their leader claimed Re- fice on a private email server, Michael to 15 minutes. publicans were the ones threatening a Morell said: ‘‘I think that foreign intel- The PRESIDING OFFICER. Without shutdown. ligence services, the good ones, have objection, it is so ordered. This type of cynical political maneu- everything on any unclassified network f vering is what the American people so that the government uses.’’ soundly rejected in the last election on So not only do they have it on un- NATIONAL DEFENSE November 4. Stifling debate and shut- classified networks such as the one Hil- AUTHORIZATION ACT ting down the Senate are not what the lary Clinton maintained, but also if Mr. CORNYN. Mr. President, over the American people sent us to do, and it is they are able to breach the security last few days, this Chamber has been certainly not what my constituents ex- measures we have in place on govern- discussing the Defense authorization pect me to do on their behalf. ment networks, they are happy to steal

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Now we are trying to do the 100,000 people whose accounts were and Senator BURR, the chairman of the our most basic duty and deal with our hacked at the IRS. The suggestion that Intelligence Committee, and as I said, Nation’s defense, and that includes pro- was made by the IRS Commissioner at it only had one dissenting vote in the tecting our Nation’s cyber security in- the Finance Committee recently is Senate Intelligence Committee. So to frastructure while we fund our Armed that these identity thieves steal this have the gall to come on the Senate Forces to make sure they have the re- information so they can then file false floor and act as if this is some sort of sources to do what they volunteered to tax returns and then claim the refunds pulling a fast one or some sort of trick do so bravely on our behalf. or the other credit that those tax- is just disingenuous. I could probably The men and women of this country payers would have otherwise been able think of some other words to describe and particularly the men and women to receive. Imagine when these 100,000 it, too, but ‘‘disingenuous’’ will have to who wear the uniform of the U.S. mili- or so taxpayers go about the business suffice for now. tary deserve better. This National De- of filing their own tax returns, only to To come out here and to block debate fense Authorization Act, this basic bill find out that a cyber thief has stolen on a vote on a cyber security bill at a to which the cyber security language their identity and filed a tax return time when the news is chock-full of the was being offered, has strong bipar- and taken their refund or their tax nature of this threat and its intrusive tisan support, and it passed out of the credit before they ever had a chance to invasion into the privacy of the Amer- Armed Services Committee overwhelm- do it. ican people and its danger to our na- ingly. And do you know what? It even At the IRS, we know the breach in- tional security is just flat out irrespon- authorizes funding levels at the figure cluded access to past tax returns. As sible. These are not threats we can af- requested by the President of the we all know, we have to put a lot of ford to ignore. United States. Yet our Senate Demo- sensitive information on tax returns. And here is the coup de grace—the cratic colleagues are still dragging That is why they are not public infor- icing on the cake. Two months ago the their feet, refusing to allow us to vote mation. But they also include sensitive Democratic leader came to the floor on amendments to this bill and defeat- information such as Social Security and said he was ‘‘committed’’ to get- ing the very cyber security provision numbers, addresses, birth dates—all ting cyber security legislation done, that the Democratic leader said we stolen and potentially in the hands of and that was before these most recent ought to get to and that Josh Earnest criminals. attacks. So for the Democratic leader chastised Congress for not passing. Yet The hypocrisy of the administration to claim this morning that Senate Re- Members of his own political party— in this area is just breathtaking. It was publicans were—these are his words— the President’s own political party— just June 6—last Saturday—that Josh using ‘‘deceitful ploys’’ to ensure our blocked that cyber security legislation. Earnest, the White House Press Sec- Nation is safe from these threats is So this bill should not be held hos- retary, chastised Congress, on behalf of really beyond the pale. tage to political gamesmanship. The the President of the United States, for In addition to the clear and undeni- American people’s security and safety not acting urgently enough on the able urgency of the problem, I would should not be held hostage to political issue of cyber security. Here is what like to also point out that this was the gamesmanship, and the Senate, which Mr. Earnest said: ‘‘We need the United same language that was, as I said, used to be known as the world’s great- States Congress to come out of the passed out of the Intelligence Com- est deliberative body, should not be Dark Ages and actually join us here in mittee in March. So perhaps you can used just purely for partisan gain. the 21st century to make sure that we understand why I am so confused by So I hope that the seven Democrats have the kinds of defenses that are nec- our Democratic colleagues’ position who actually voted to proceed on this essary to protect a modern computer and actually by the White House’s posi- cyber security bill will get some more system.’’ tion. allies. I can tell that not all of our That is what White House Press Sec- The White House called for cyber se- friends across the aisle are comfortable retary Josh Earnest said on June 6, curity legislation. Cyber security legis- with the Democratic leader’s direction 2015. lation gets voted out of the Senate In- to block this cyber security legislation, Then our colleagues on the Demo- telligence Committee 14 to 1. The and perhaps over the weekend, some cratic side have the temerity to come Democratic leader said we need to act will have second thoughts. I hope as here and block the very type of legisla- on cyber security, and we try to act on they have those second thoughts, they tion that the White House has called cyber security legislation, only to be will focus on our collective duty to our for. How hypocritical can you get? How blocked by the Democratic leader. All I troops and their families and to our cynical can you get? Indeed, the Demo- can see is the Democratic leader’s duty as Members of the Senate to pro- cratic leader then says, well, they are ‘‘commitment’’ to work on cyber legis- mote and protect the security of the doing everything the way they should lation has given way to partisan American people. be doing it, and it is really a Repub- gamesmanship by our Democratic col- So let’s get back to basics. Let’s do lican conspiracy to shut down the gov- leagues who are promising ‘‘a filibuster what the American people elected us to ernment. summer.’’ Well, welcome to the fili- do by voting on a bipartisan bill that These are just the most recent exam- buster summer. will protect our country and provide ples of a threat that should be keeping But this is not what the American for our troops. us up at night—a threat that should people deserve. This isn’t why they I yield the floor. cause us to quickly act to find solu- sent us here, and this is what they af- The PRESIDING OFFICER. The Sen- tions to the cyber security threat to firmatively rejected this last election. ator from Pennsylvania. the American people and to the United But somehow our Democratic col- Mr. TOOMEY. Mr. President, I ask States Government and, yes, to our na- leagues just can’t stand it that we have unanimous consent to speak for up to tional security. actually turned things around and we 20 minutes. Some of our Democratic friends act have been able to make some slow, in- The PRESIDING OFFICER. Without as if the fact that we have decided to cremental progress. We passed the first objection, it is so ordered. file an amendment to the Defense au- budget since 2009. You know, that f thorization bill, which represents an should be a scandal, but I guess it rep- almost unanimous vote of the bipar- resents progress that we finally have THE FERGUSON EFFECT tisan vote of the Senate Intelligence been able to do it with the new major- Mr. TOOMEY. Mr. President, last Committee, was some sort of dirty ity starting in January. We have month I was here on the Senate floor

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You see, in Balti- too often in parts of our country today. playing out in the city of Baltimore. more in the month of May, arrests So I rise again today on the same topic On April 18 of this year, many Balti- were nearly 70 percent lower than the because in just the last month or so more residents began peaceful protests same month last year. there have been some more very harm- over the injury and eventual death of Some attempt to portray this whole ful developments in this area. Mr. Freddie Gray while he was in po- crisis in racial terms, but tragically all One of those developments is the dra- lice custody. As I mentioned in my too often the victims of this surge in matic decline in police arrests and a speech about this last month, in my violent crime are innocent African massive increase in violent crime and view, Freddie Gray’s death absolutely Americans who live in cities in which murders in the city of Baltimore. Now, calls out for justice and calls out for a the police are no longer permitted to some of my friends would say: Why is thorough investigation, and the judi- do their jobs. the Senator from Pennsylvania speak- cial process is now proceeding and Consider the case of an 8-year-old boy ing out so often about these tragic cir- playing out exactly as it should. But police found shot in the head on Thurs- cumstances that are happening in Bal- what has happened in Baltimore since day, May 28 at 8:20 a.m. He was lying timore? Well, first of all, as a U.S. Sen- then is not about Freddie Gray. dead beside his mother, who had also ator, I am concerned with what goes on A week after the Baltimore protests been fatally shot in the head. in our entire country, not just my began, on April 25, they turned violent. Take the case of 23-year-old Charles State. Baltimore is a great American Over the next 5 days rioters damaged Dobbins, who was killed on Monday, city that is going through a very dif- 200 businesses. They set fire to a newly May 25. Charles’ cousin reports that ficult period, and we should all be con- constructed senior center, burned down Charles was killed in a robbery. cerned about it. Second of all, Balti- a CVS drugstore and cut the fire hose Charles worked at BWI. He worked more is, of course, less than 100 miles of the firemen who were trying to put transporting handicapped people to and away from Pennsylvania. Most impor- out the flames, and set fire to 144 cars. from the terminals. He loved kids. tantly, what is happening in Baltimore And 130 law enforcement officers were When he graduated from high school, is not happening only in Baltimore. injured, many seriously. The chaos was he worked for Baltimore city schools The scapegoating of police and the rise so extreme that the city had to impose as a bus aid assisting disabled children. of violent crime is happening in New a curfew for 5 days and had to call in Consider the case of 4-year-old Jacele York City and in other places as well. 3,000 National Guard troops. Johnson. She was in a car with her And, frankly, it is a threat to public Now with all that mayhem, how did teenage cousin when someone opened safety and security in every city. the public officials of Baltimore re- fire on the car, seriously wounding Some, including the police chief of spond? On the first day of the violence, them both. St. Louis, MO, have described what has the mayor held a press conference in These are not just statistics; these come to be known as the Ferguson ef- which she legitimized the violence. She are real people who are now lost to us. fect. This can be traced back to the said: ‘‘We also gave those who wish to Their lives matter. That 8-year-old boy riots and lawlessness that followed the destroy space to do that as well.’’ and his mother, 23-year-old Charles unfortunate death of Michael Brown in Seriously, space to destroy? Destroy- Dobbins, a little 4-year-old girl, Jacele Ferguson, MO, last August. As you will ing other people’s property, setting Johnson, and her cousin—their lives remember, in the Ferguson case, Offi- buildings and cars ablaze, attacking matter. cer Darren Wilson acted in self-defense police officers? These are not legiti- The Ferguson effect, unfortunately, and shot and killed Brown when Brown mate acts, and no mayor should be ac- is not the only phenomenon that is at attacked him while he was resisting ar- commodating those kinds of acts with work here. Unfortunately, our Presi- rest. In the weeks and months that fol- ‘‘space.’’ In fact, they are criminal. dent seems to have bought into the no- lowed the incident, and after Officer They are harmful. These are exactly tion that the police are the problem Wilson was cleared of wrongdoing, vio- the kinds of activities that a mayor and the solution is to deny them valu- lent protests erupted. Protesters, po- should be all about stopping and pre- able tools. lice, and bystanders were injured. venting. But that is not all. This last month, the President an- Buildings were burned to the ground. Next the Baltimore police were given nounced extensive restrictions on when Property was destroyed. But instead of a stand-down order, and they were for- local police may access lifesaving Fed- placing the onus on those who were ac- bidden from arresting the looters and eral surplus equipment. The gear we tually causing the havoc, it was por- the rioters. Then officials announced are talking about is almost all purely trayed by many as if law enforcement that half of all those arrested for the defensive. It is riot helmets, riot was somehow responsible for the vio- destruction and violence would be re- shields, armored personnel transport lence and unrest. Anti-law enforcement leased without charges. Mobs would vehicles. This is surplus gear. The Fed- sentiments were even expressed by gather around police when they tried eral Government has already paid for it some of the local officials in Ferguson. to enforce the law. All this is a clear il- but has decided it has no use for it. It This endorsement of violent protesters lustration of the impact that the Fer- has long been the practice that this empowered those who wished to turn guson effect is having on Baltimore. surplus protective gear has been made peaceful protests into violent riots, and Lawbreakers are in control, and the available to local police forces. it also left the police feeling powerless. city’s residents are at the mercy of the Why is this administration making it What has happened in Ferguson since lawbreakers. Law enforcement has harder to send this purely defensive is as tragic as it was predictable. The been limited because of a lack of sup- gear—gear that would otherwise go un- homicide rate in Ferguson increased 47 port from the community and the civic used—to insufficiently protected police percent in the latter portion of 2014, and the political leaders. officers across the country? Why would and robberies in St. Louis County Baltimore has seen the disastrous ef- the administration do that? Well, they jumped by 82 percent. This really fects of this policy. The riots began to released a report telling us why. Here should be no surprise. This is what hap- subside on April 30 when six police offi- is what they said in their own report. pens when a city puts these views of cers were arrested in the death of Mr. According to this report by the admin- ‘‘police as the problem’’ into practice, Gray, but the violence has continued. istration, the Federal equipment such as when a city determines that The month of May that just passed was ‘‘could significantly undermine com- police are the cause of the violence as Baltimore’s deadliest month in over 40 munity trust’’ and that this concern opposed to the brave defense against it, years. There were 43 homicides in the outweighs the interest in ‘‘addressing when a city justifies lawlessness, stops month of May alone. Shootings have law enforcement needs (that could not law enforcement from doing its job, more than doubled compared to May of otherwise be fulfilled).’’ President and allows law breakers to go the previous year. These murders have Obama likewise opined that Federal unpunished. The results of those prac- nothing to do with anger over the equipment ‘‘can sometimes give people

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So, according to the administra- this vote that it forced President bate our domestic spending priorities tion, the need to save police officers’ Obama to drop his initial veto threat. and allotments, but now is not the lives in the line of duty is something Had we not maintained bipartisan time. Let’s get that bipartisan men- that should be weighed against and, in unity, there would be no review of the tality back and finish the work that fact, sacrificed to the desire to prevent Iran deal. There would be nothing stop- needs to be done to protect our Nation. distrust or discomfort on the part of ping President Obama from signing a I suggest the absence of a quorum. others. How many police officers’ lives bad agreement with Iran. It is because The PRESIDING OFFICER. The are we going to sacrifice? One? Twen- we stood together across party lines clerk will call the roll. ty? One-hundred? This is outrageous. that the American people will now The legislative clerk proceeded to Each day across America, there are have a say in negotiations. call the roll. 780,000 law enforcement officers who Before we adjourned for the Memo- Ms. HEITKAMP. Mr. President, I ask put on a badge and uniform, and they rial Day work period, we approved unanimous consent that the order for answer the call of those in need no granting the President trade pro- the quorum call be rescinded. matter the danger. When others run motion authority. We worked together The PRESIDING OFFICER. Without away, they run to the problem. The to provide the President with the nec- objection, it is so ordered. rest of us in America rely on these law essary tools to negotiate a fair trade f enforcement officers doing their job. deal while maintaining Congress’s im- HONORING VIETNAM VETERANS The people who live in high-crime portant role in the process. AND NORTH DAKOTA’S SOLDIERS areas, often ethnic minorities living in I say all this to highlight what we WHO LOST THEIR LIVES IN VIET- high-poverty areas of our inner cities— can accomplish when we work to- NAM these are the folks who most depend on gether. Unfortunately, the minority those officers. When those officers are leader seems intent on ending that Ms. HEITKAMP. Mr. President, held back, we all pay a steep price, but streak. today, as I have for a number of weeks, the residents of those communities pay We are in the midst of discussing an- I rise to speak about 11 North Dako- the steepest price. other bill which should have substan- tans who did not come home from the I just hope we in the Federal Govern- tial bipartisan support, the National Vietnam war. Each of these men gave ment will stop putting obstacles in the Defense Authorization Act. Yet, Minor- his life for our country. way of law enforcement and start sup- ity Leader REID has called this vital, Before I begin speaking about the 198 porting them. I hope we as a nation traditionally bipartisan bill ‘‘a waste North Dakotans who died during Viet- will stop scapegoating law enforcement of time.’’ This is a bill which, as the nam, I wish to thank my great friend, and start thanking them. If we fail to senior Senator from Arizona has noted, Bill Anderson of Rutland, ND. Bill is a reverse the Ferguson effect, what we Congress has passed for 53 consecutive marine, and he is a veteran of the Viet- will see is more violent crime and more years, including those when the minor- nam war. suffering of our people. ity leader controlled the Senate sched- Bill grew up in Rutland, attended the I yield the floor. ule. University of North Dakota, and then I suggest the absence of a quorum. Far from a waste of time, the NDAA started law school at the University of The PRESIDING OFFICER. The helps us modernize our military to face Colorado. It was the late 1960s, and clerk will call the roll. today’s security challenges. We live in young men with college degrees were The legislative clerk proceeded to a dangerous world. We have to stay being drafted. So Bill left law school, call the roll. ahead of those who would seek to harm enlisted in the Marine Corps, and was Mr. BOOZMAN. Mr. President, I ask us, not fall behind them. This is no trained to be an officer. In 1970, he ar- unanimous consent that the order for time to be dismissive of our national rived in Vietnam and became the com- the quorum call be rescinded. security needs. mander of the 2nd Platoon of Delta The PRESIDING OFFICER. Without It is also about the livelihood of over Company, 1st Battalion, 5th Marine objection, it is so ordered. 1.4 million men and women on Active Regiment. f Duty and 718,000 civilian personnel. We Bill’s own written words about the are talking about the Nation’s largest impact the Vietnam war had on him BIPARTISANSHIP employer. The NDAA helps us ensure strike me. He didn’t choose to write Mr. BOOZMAN. Mr. President, over that we are doing everything we need about his blindness caused by the ma- the past few years, bipartisanship has to do to help them. So I think we can laria vaccine that he took or his not always fared well in the Senate. We all agree there is much in this bill that lymphoma caused by Agent Orange ex- have been able to change the Cham- needs to get done. posure. Instead, Bill focused on his ex- ber’s culture for the better in 2015. Now Unfortunately, the White House is perience in Vietnam and on the great- that is in jeopardy once again. taking what should be a bipartisan bill ness of the 18- and 20-year-old Marines In the first half of the year, we had a and using it to push for its own polit- with whom he served. Bill writes: number of bipartisan accomplishments. ical end game to increase domestic I am proud, every day, of the Marines I It kicked off with the passage of the spending. Worse yet, the President has served with in Vietnam. They did not shrink Clay Hunt Suicide Prevention for somehow convinced Senate Democrats from danger. They did not flinch at combat. American Veterans Act at the begin- to go along with this misguided strat- They did their duty with steadfast courage ning of the year. The new law will pro- egy. of United States Marines, and for that Amer- vide the VA with the personnel, serv- Instead of approaching this in a bi- icans can, and should, be proud and grateful. ices, and proper tools to help veterans partisan manner, the minority leader I am grateful for Bill’s service to our facing mental illness struggles, which is forcing his caucus to carry water for country. I am also proud of his service is vital as it is estimated that 22 vet- President Obama, who has indicated he to my State. After his time in the Ma- erans commit suicide every day. The would veto the NDAA unless he gets rines, Bill ran his family-owned insur- Clay Hunt act will help stop this tragic the domestic spending increases he is ance business. And then, when he was and unacceptable trend. demanding. That means the President 40 years old and had lost most of his vi- Then we were able to pass the Justice stands ready to block the policy pre- sion, he returned to law school. Since for Victims of Trafficking Act in a scriptions and funding levels for the the 1980s, Bill has served many commu- unanimous fashion. This law will save Department of Defense unless we give nities in southeastern North Dakota as lives. It will restore dignity to the vic- other agencies, such as the EPA, as a private practice lawyer. In fact, I can tims of these heinous crimes, and it they try their additional power grab tell you this, as a lawyer myself: Bill will help end modern-day slavery. through things like the Clean Water Anderson is one of the most brilliant

VerDate Sep 11 2014 02:34 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.054 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4094 CONGRESSIONAL RECORD — SENATE June 11, 2015 lawyers I have ever worked with. And brother, Rick, says that Michael was a during the Korean war—Jack in the since 2004, Bill has been a Sargent good athlete and was an explorer. He Army and Darold in the Navy. County Commissioner. always had to see what was over the Growing up on his family’s farm near So thank you, Bill. I hope that you next hill. He especially loved fishing Turtle Lake, Irvin was the big little will have a great reunion later this with his father and always looked for- brother. He was 6 feet 4 inches tall, but month in Tennessee with the Marines ward to fishing trips as opportunities he was the kid brother. His brother of Company D. to explore and spend time with his fam- Darold is Irvin’s only living sibling. Mr. President, I now wish to take a ily in the outdoors. Michael was very Darold said that when the brothers few moments to talk about the lives of family-minded and was excellent at played together boxing, Irvin’s arms those Vietnam veterans who did not writing letters and responding to let- were so long that he could hit his come home. ters from his brothers, sisters, parents, brothers four times before they could ARLAN GABLE and grandparents. ever get close to him. Darold remem- Arlan Gable was from Rolette. He When he died, Michael’s community bers Irvin as a good-natured, loveable was born February 3, 1938. He served in was deeply affected. Now, 47 years after guy who everyone liked. Darold says he the Army’s 25th Infantry Division. his death, his family and community knows that Irvin’s faith helped him Arlan was 29 years old when he died on still think about him or talk about him along in life. After high school, Irvin first enlisted June 10, 1967. daily. in the Marine Corps. He later enlisted He was the youngest of 10 children Michael’s mother, Harriet, will turn in the Army and spent time in Alaska and grew up on his parents’ farm out- 90 years old next month. She has told the family that when she dies, she and Japan before his tour of duty in side of Rolette. Arlan’s niece, Sandi, Vietnam. He planned to make the remembers all the animals on the farm, wants to be buried with Michael’s Pur- ple Heart. Army his career. Irvin had only been in and in particular, she remembers chas- Vietnam about 1 month when he was CHARLES PIPER, JR. ing his mother’s geese. shot and killed. Each of the five boys in the family Charles Piper, Jr., was born Novem- DELBERT AUSTIN OLSON served our country in the military. ber 21, 1937. He was from Durbin. He Delbert Austin Olson was from Right after graduating from high served in the Navy on the USS Robison Casselton, and he was born on January school, Arlan enlisted in the Army. He as a master chief boiler technician. 4, 1926. He served as a commander in served in Korea and Germany, and he Charles was 34 years old when he died the Navy. Delbert was 42 years old served two tours of duty in Vietnam. on August 30, 1972. when he went missing on January 11, Arlan was killed while serving as the Charles and his sister Marion worked 1968. gunner on a tank when the tank hit a on nearby farms after their father died Delbert was the youngest of four landmine. About 1 month before, Arlan when they were children. Marion says children who grew up on his family’s had been home on leave. After his that Charles was a good listener and farm. His brothers also served in the death, Arlan’s mother’s health deterio- was always a good mentor to her son. military—Charles in Korea and Harold rated very rapidly. When Charles was 17 years old and had in World War II. Delbert’s family said MARK MANGIN just graduated from Casselton High that he loved flying and was com- Mark Mangin, a native of Verono, School, he enlisted in the Navy. He mitted to his Navy career. He was a was born April 29, 1949. He served in the didn’t like water, but his cousins serv- phenomenal naval officer and pilot. Marine Corps’ 3rd Marine Amphibious ing in the Navy inspired him to join. Delbert was 6 feet 4 inches tall, and Force. On October 1, 1969, Mark died. Charles made his Navy service a ca- his son, David, is 6 feet 6 inches tall. He was only 20 years old. reer. He had about a year left in the Delbert’s brother, Charles, told David He grew up on his parents’ small Navy before he planned to retire. His that he looks just like his dad, farm and had one brother, Marvin. dream after retirement was to work for ‘‘Delly.’’ Marvin said that during high school the game and fish department and to In 1968, Delbert and eight other Navy Mark played basketball and loved fix- live with his wife Marie on their farm crewmen went missing when their air- ing old cars. The brothers both worked near Kalispell, MT. craft crashed into a mountain in Laos. for neighboring farmers. Before grad- THOMAS WELKER In the 1990s, investigation crews were uating, Mark enlisted to serve because Thomas Welker was born on Feb- finally able to search for the remains he wanted to become a marine. He ruary 23, 1938, and made his home in from the crash. All nine crewmen were earned his GED while at basic training. Minot with his wife Frances. He served identified and, in 2003, they were buried Mark sent letters home from Viet- in the Army 101st Airborne Division. together in Arlington National Ceme- nam asking Marvin to take care of His unit was called the Screaming Ea- tery. their mom and dad, and he wrote that gles. Thomas died on July 27, 1967. He In addition to his siblings, Delbert is he was an expert marksman and liked was 29 years old. survived by his daughter Dana and his what he was doing. He included pic- Before going to Vietnam, the Army son David. tures of himself holding young Viet- stationed Thomas, Frances, and their DONALD SOBY namese children. sons, John, Thomas, Rodney, and Dean, Donald Soby was from Rugby. He was When he had less than 1 month left of in several places in the United States. born on December 15, 1946. He served in his tour of duty in Vietnam, Mark was Thomas’ older stepson, Rodney, said the Army’s 101st Airborne Division. killed when someone near him tripped that Thomas loved to hunt and fish. He Donald died on July 7, 1967. He was 20 the wire of a boobytrap. His brother be- worked two jobs to support his family, years old. Donald was the youngest of three lieves that with his mechanical abili- working as a bartender on the base in children. His brother William also ties, he would have become a me- the evenings. served in Vietnam in the Air Force. chanic. In Vietnam, Thomas was killed when Their sister Margaret said that Don- MICHAEL MEYHOFF someone nearby stepped on a Bouncing ald always lived for today. He was a Michael Meyhoff was from Center Betty. The Army awarded him a good kid, but if he wanted to do some- and was born February 3, 1948. He Bronze Star Medal for his valor that thing, he would go and do it that day served in the Army’s 25th Infantry Di- day. Thomas is buried in Arlington Na- because he may not get another vision. Michael died January 4, 1968. He tional Cemetery. chance. She remembers Donald’s sense was 19 years old. IRVIN KNIPPELBERG of humor and good-natured pranks. He grew up in a big family in a small Irvin Knippelberg was born in Turtle Donald and his best friend, Terry, house. Michael was the second of 11 Lake on January 17, 1939. He served in shared many adventures together, in- children. Two of his brothers, Rick and the Army’s 25th Infantry Division. He cluding taking Margaret’s young son Brent, also served in the Army. was 27 years old when he died on May with them to a nearby town to attract While growing up, Michael enjoyed 19, 1966. girls and running into the game war- helping his grandparents on their fam- He was the youngest of five children. den, who sent them home after discov- ily farm near Center, ND. Michael’s His two brothers served our country ering the ducks they were supposed to

VerDate Sep 11 2014 02:34 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.059 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4095 be hunting looked a lot more like both ground and air combat. About 5 I also rise in opposition to obstruc- pheasants. months after arriving in Vietnam, Bill tion—obstruction to this bill, obstruc- Donald and his brother William both was promoted from private first class tion to the key issues of national de- served in Vietnam at the same time. to sergeant on the battlefield. fense for our country. Make no mis- The brothers inquired about Donald’s On February 11, Bill was injured take, there is obstruction going on, on leaving Vietnam since they were both when the vehicle he was riding in over- the Senate floor right now, with regard serving, but they were advised to wait turned. About 2 weeks later, he died in to this important bill. until William’s discharge. They were a military hospital in Japan. The ten A little bit of background here: This able to spend Christmas of 1966 to- medals the Army awarded him, both bill, the NDAA, came out of the Senate gether. That was the last time William before and after his death, demonstrate Armed Services Committee after a lot saw Donald. that Bill was a heroic soldier the Army of hard work, bipartisan work, by all In May, Donald was wounded, and he valued greatly. the members of the committee. We died in July as a result of those PATRICK MCCABE worked together to include over 185 wounds. The family is extremely grate- Patrick McCabe was from Bismarck, amendments. Almost all of these were ful to Wanda Nielson of Rugby for co- and he was born on July 20, 1924. He bipartisan amendments. My colleagues on the other side of ordinating efforts for the military to served in the Army as a master ser- the aisle talked about voting against fly Donald’s mother to the Philippines geant. Patrick died May 6, 1968, at the the bill because they did not like the to be with Donald at the time of his age of 43. way it was funded, even though our death. He came from a family dedicated to committee had nothing to do with the JOHN JOYCE serving our country. Four of the six funding. But at the end of the day, John Joyce, a Minot native, was born boys in his family served in the mili- after much debate in the committee, on November 15, 1944. He served in the tary, and all three of Patrick’s sons we worked and passed a strong, impor- Marine Corps, Kilo Company, 3rd Bat- followed in his footsteps and joined the tant, reform-oriented bipartisan NDAA talion, 26th Marines. John died on military. Two of his sons served in by a vote of 22 to 4. That is bipartisan. April 17, 1969. He was 24 years old. Vietnam after Patrick’s death—Mark John was one of four children and en- I thank the chairman of that com- as a medic in the Marines and Scott as joyed playing sports in his free time. In mittee Senator MCCAIN and the rank- an Air Force pilot. Patrick’s third son, addition to playing football, basket- ing member Senator REED on their David, served in the Air Force for over ball, and track, John left a legacy of great leadership in getting this com- 20 years. being an excellent baseball player. He mittee to work so closely together to Patrick’s daughter, Kathy, said that played baseball for Minot State Uni- move the bill forward. her dad was a good man who helped versity and for Northern Arizona Uni- As part of the Armed Services Com- anyone who needed it. Her dad loved versity. In 2001, he was inducted into mittee, just 2 weeks ago, I had the dis- the Minot Baseball Hall of Fame. his country and felt like the Army was tinct honor of traveling with both of After college John became a teacher his family. them to Vietnam and to Singapore for and coach for a year in Montana. He Patrick served in World War II and an important Defense Ministry con- then enlisted in the Marines and served two tours of duty in Vietnam. He vol- ference. It was a huge honor for me as in Vietnam. One of John’s best friends, unteered to return to Vietnam and died a new Member of the body to travel Jan Olson, who taught with John and during his second tour of duty. with JOHN MCCAIN and JACK REED—two also served in Vietnam, said this about We tell these stories because we can- veterans who have sacrificed a lot for John: ‘‘Inch for inch, pound for pound, not ever forget that every life matters. their country—to Vietnam and other he was the toughest man I ever knew I am always struck by imagining what places. They did a fantastic job on this and he was also the nicest man.’’ these young men would have been had bill. About 6 weeks after his death, John they been allowed to grow up, whom Then, this bill came to the floor and was awarded the Bronze Star Medal for these young men could have been when it all stopped. Everything came to a his heroic actions. His Bronze Star ci- they were grandfathers and whom they halt. There are over 500 amendments of tation describes John putting himself would have taken fishing or hunting or Senators who want to move forward on in the line of fire while defending his taught how to play football. But these a bipartisan basis to try to improve platoon with a grenade launcher and lives were given in sacrifice to their this bill. We have gotten to barely a then carrying a wounded companion to country and in sacrifice so that all of trickle—barely a trickle—and nothing a covered position. us can live in freedom, and we must has happened. For 2 weeks we have Ronald Jensen is a Marine who never forget, during this period of com- been on this bill and nothing has hap- served under John in Vietnam. Ron- memoration of the Vietnam war, those pened after the great work we did in ald’s 2003 book, titled ‘‘Tail End Char- people who gave the ultimate sacrifice, the Senate Armed Services Committee. lie,’’ describes John like this: those people who were killed in action What is going on here? It is the same He was a great guy, no questions about it. in Vietnam. obstructionist playbook that my col- He helped everybody, always in the front, I yield the floor. leagues and particularly the minority and he saved me. He was most liked by his I suggest the absence of a quorum. leader used for the last few years, and men. He saved a lot of lives over there. The PRESIDING OFFICER. The the American people have rejected it. WILLIAM ‘‘BILL’’ KRISTJANSON clerk will call the roll. They rejected it last November, and William ‘‘Bill’’ Kristjanson was born The bill clerk proceeded to call the they rejected it when they realized this October 13, 1943, and was from Inkster. roll. body had only 14 rollcall votes on He served in the Army’s 1st Infantry Mr. SULLIVAN. Mr. President, I ask amendments during the entire year of Division. His unit’s nickname was the unanimous consent that the order for 2014. That is not how this body is sup- Black Scarves. Bill died on February the quorum call be rescinded. posed to work. Nobody on either side of 26, 1970. He was 26 years old. He was the The PRESIDING OFFICER. Without the aisle wants this body to work that only child born to Sig and Frances objection, it is so ordered. way. It is certainly not how it is sup- Kristjanson. The Senator from Alaska. posed to work when it comes to the de- He attended elementary school in f fense of our Nation and the critical bill Conway and high school in Inkster. In to take care of our men and women in NATIONAL DEFENSE 1967, Bill graduated from the Univer- uniform. Yet, the minority leader said AUTHORIZATION ACT sity of North Dakota. He also attended this bill is a waste of time. I will repeat the University of Michigan and the Mr. SULLIVAN. Mr. President, I rise that. The National Defense Authoriza- University of Oslo in Norway. Bill’s in support of the National Defense Au- tion Act, one of the most important pride and interest in his father’s Ice- thorization Act. I rise in support to things we do in this body, is ‘‘a waste landic heritage inspired him to tour move this bill forward and the amend- of time.’’ Iceland after graduating from UND. ments that many of us in this body I understand that the parties have In 1968, Bill was drafted into the want to have heard, debated, and voted ideological differences, and that is cer- Army. In Vietnam, he was involved in on. tainly the way it should be. That is the

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.060 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4096 CONGRESSIONAL RECORD — SENATE June 11, 2015 way it has been since the founding of new Arctic command, and he is going the Arctic and develop new ones. Mr. Putin our great Nation. But if leaders on the to add several new icebreakers to their wants by the end of 2015 to have 14 oper- other side of the aisle believe that pro- already robust fleet. ational airfields in the Arctic, according to The chairman of the Armed Services the NATO Parliamentary Assembly, and he tecting the country, taking care of the has increased Russia’s special-forces pres- men and women in uniform, and keep- Committee talked about this. He ence in the region by 30%. ing our promises to them is a waste of talked about what the Russians are ‘‘In the Arctic area they have twofold ob- time, then we don’t belong to different doing in the Arctic. There is no mys- jectives,’’ says a senior official at the Finn- parties, we belong in different tery here. As a matter of fact, today ish Defense Ministry. ‘‘To secure the North- universes. In this world, in this uni- there was an outstanding article in the ern Sea Route and [exploit] the energy-re- verse, in the U.S. Senate, our most im- Wall Street Journal entitled ‘‘The New sources potential. And they are increasing Cold War’s Arctic Front,’’ with the their ability to surveil that part of the portant job is to protect this country world, to refurbish their abilities for the air and to take care of the men and women subtitle ‘‘Putin is militarizing one of force and the Northern Fleet. They are exer- who so courageously serve our country. the world’s coldest, most remote re- cising their ability to move their airborne It is not a waste of time to be doing gions.’’ Well, in my State, this is home. troops from the central part of Russia to the that. It is the most important thing we America is an Arctic nation because of north.’’ were sent here to do. Alaska. The Russian buildup in the region is made We took an oath. We pledged to sol- Mr. President, I ask unanimous con- worse by the fact that Moscow makes no ef- emnly swear to defend the Constitution sent that this article be printed in the fort to be a good neighbor. The Kremlin’s propensity for holding unannounced exer- of the United States against all en- RECORD. cises in the region can only be a deliberate emies, foreign and domestic. That is There being no objection, the mate- attempt to provoke. The senior official what this bill does, and that is what rial was ordered to be printed in the voices the concern that the Kremlin might we—Members on both sides—are trying RECORD, as follows: use yet another such drill ‘‘as deployment to do in terms of improving it with [The Wall Street Journal, Jun. 9, 2015] for a real operation’’—which is considerably amendments, but none of those are THE NEW COLD WAR’S ARTIC FRONT less paranoid than it sounds given Mr. moving. None of those are moving, and Putin’s record. (By Sohrab Ahmari) Russian warplanes have violated Finnish that is a shame. HELSINKI.—G–7 leaders gathering in Ba- airspace as recently as August, and pro- One of the things we tried to address varia on Monday vowed to extend sanctions Kremlin media have also launched a system- in the bill is the serious threats and if Russia doesn’t dial back its aggression atic propaganda campaign against Finland. challenges our Nation faces. against Ukraine. Previous sanctions haven’t ‘‘They are writing things about us and our At the Senate Armed Services Com- deterred Kremlin land-grabs, and the ques- defense forces that are not from this world,’’ mittee hearing we had several weeks tion now isn’t if Russian President Vladimir says the senior official, such as the yarn that ago, former Secretary of State Henry Putin will strike again but whom he’ll target the Finnish government removes children Kissinger said: next. Mr. Putin considers Europe’s eastern from ethnic-Russian Finnish families for periphery, stretching from the Baltic Sea to adoption by gay couples in the U.S. The United States has not faced a more di- the Black Sea, part of Russia’s imperial in- Another Defense Ministry official says verse and complex array of crises since the heritance. that he finds it hard to view as spontaneous end of the second world war. Yet in recent years the Russian leader has ‘‘one of their pro-Putin demonstrations with We know what they are—the growth also turned his attention northward, to the crowds shouting ‘Thank you, Putin! You and brutality of ISIS, a rising China, Arctic, militarizing one of the world’s cold- gave us Crimea. Now give us Poland and Fin- Iran on the verge of obtaining a nu- est, most remote regions. Here in Finland, land.’ ’’ clear weapon. The largest state sponsor one of eight Arctic states, the Russian men- Despite such developments, the possibility of terrorism is possibly on the verge of ace next door looms large. of conflict here might seem distant for now. ‘‘That is a tough nut to crack, to know ex- But it poses troubling questions about the gaining a nuclear weapon, and a resur- actly what the Russians want,’’ newly ap- West’s readiness in the Arctic-security race. gent Russia has invaded the sovereign pointed Finnish Foreign Minister Timo Soini So far there has been plenty of Allied territory of another country. It is the says. ‘‘But I’m sure they know. Because they strategizing, including a 2013 White House first time since World War II in the are masters of chess, and if something is on paper on Arctic strategy heavy on climate- heart of Europe. the loose they will take it’’—a variation on change alarmism but offering little by way So at this time we not only have ob- the old proverb that ‘‘a Cossack will take of real mobilization. Russia still has the struction on the other side of the aisle whatever is not fixed to the ground.’’ world’s largest fleet of icebreakers, many of from the leader there, the President of There is much that ‘‘is not fixed to the them nuclear-powered. Washington, by con- ground’’ already in the Arctic, and more the United States is threatening to trast, fields just one heavy icebreaker, the every year. Climate change is transforming Coast Guard’s aging Polar Star. veto the NDAA. I am not sure they are the High North. By 2030, the Northern Sea For the Finns, the Kremlin menace raises reading about what is going on in the Route (NSR) from the Kara Strait to the Pa- another touchy issue: their nonmembership world. I am not sure they recognize the cific will have nine weeks of open water, ac- in NATO. The April election that sent Mr. critical importance of this bill. And to cording to the U.S. Navy, up from two in Soini to the Foreign Ministry and the cen- threaten to veto this bill, and therefore 2012. The NSR is a 35% to 60% shorter pas- trist Juha Sipila¨ into the premiership rel- what—we are going to stop? No. We are sage between European ports and East Asia egated Alexander Stubb, an uncommonly going to do our duty, and we will put than the Suez or Panama routes, according pro-NATO Finnish prime minister, to the Fi- to the Arctic Council. The Northwest Pas- nance Ministry in the new government. Mr. this on the President’s desk, and we sage, which connects the Atlantic and Pa- Soini, who leads the right-wing populist will see if he vetoes it when the United cific Oceans via the Canadian Arctic Archi- True Finns party, has denounced Mr. Stubb States faces this huge array of chal- pelago, will have five weeks of open water by in the past as a ‘‘radical market liberal lenges. 2030, up from zero in 2012. It represents a 25% NATO hawk.’’ But now in government, Mr. Let me talk about one of those chal- shorter passage between Rotterdam and Se- Soini strikes more nuanced notes that belie lenges for a few minutes. It is an im- attle than non-Arctic routes, according to a his party’s anti-Atlanticist reputation. portant area. As a Senator from Alas- NATO Parliamentary Assembly study pub- ‘‘If we think that the paradigm [in the re- ka, it is certainly an important area lished in March. As with other claims about gion] is going to be changed,’’ he says,‘‘there is no hesitation that we will do it,’’ meaning for me. It is the Arctic and the increas- the climate, these aren’t universally accept- ed prognostications. join NATO. He adds: ‘‘Whatever the system ing militarization of the Arctic by Rus- These changes have implications not just or situation in Russia we have to cope, and sia. for trade but also for the ability to exploit we have some experience with them. And Earlier this year, Russia began a 5- the vast energy resources beneath the Arc- they also respect us. They know our history. day Arctic war exercise that included tic. Energy fields in the region have to date . . . We want to be independent and free.’’ 38,000 troops, 50 surface warships, in ad- produced some 40 billion barrels of oil and Mr. SULLIVAN. The writer of this dition to submarines, and 110 aircraft 1,100 trillion cubic feet of natural gas. The article talks about what is at stake in the Arctic. And the Russians are not U.S. Geological Survey estimates the region and about what the Russians are doing being shy about their ambitions in the also holds 13% of the world’s undiscovered conventional oil, a third of the world’s undis- in the Arctic. Arctic. President Putin has said he covered conventional gas and a fifth of the Here is a map. It is a little small, but wants to build 13 new airfields and add world’s undiscovered natural-gas liquids. it shows Russia’s Arctic push and the four new Russian combat brigades in No wonder Moscow has been racing to re- dramatic increase of airbases, oper- the Arctic. He is going to stand up a open old Soviet bases on its territory across ational infrastructure all around the

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.063 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4097 Arctic, and the different exercises. We whelmingly. It is a simple amendment. make sure that when their country know that it is an important place— All it does is ask the President to fol- next called them up, they would be transportation, natural resources. This low the law when it comes to raising ready to protect our Nation. That is is a critical area. the pay of members of our military. It the reason this law states that we treat Our leaders are taking notice, our is a simple amendment. our military members a little bit dif- military leaders. ADM Bill Gortney The law States that our servicemem- ferent than other members of the De- with the U.S. Northern Command stat- bers are entitled to get a larger pay in- partment of Defense. ed: ‘‘Russian heavy bombers flew more crease—not much, but when there is a That is all my amendment would do, out-of-area patrols in 2014 than in any pay increase, they should get a slightly but unfortunately, this one, like doz- year since the Cold War.’’ larger pay increase than their civilian ens, if not hundreds, is not going to be Secretary of Defense Carter just 2 counterparts. That is the current law. heard—at least for the time being—be- months ago said: ‘‘The Arctic is going My amendment expresses the sense of cause the minority leader on the other to be a major area of importance to the the Senate that when giving a pay in- side is trying to bring back the way United States, both strategically and crease to members of the Department they used to run the Senate last year economically in the future—it’s fair to of Defense, military and civilian, that and the year before and the year before say that we’re late to the recognition the President simply needs to follow that. of that.’’ the law. We know. We heard the stories. Last This is why the NDAA is so impor- I want to emphasize something as year, again, there were 14 amendments tant. Congress heard this testimony. somebody who has served in the mili- that were brought to the floor for a The Senate Armed Services Committee tary and is still serving in the Re- rollcall vote in 2014. They essentially heard this testimony. We have been fol- serves. Our civilian DOD employees shut down the greatest deliberative lowing what has been happening in the and members do a superb job. They are body in the world. We have heard the Arctic, and we have acted. The NDAA patriotic, they work hard, and they stories of how the previous majority has provisions to start to address the deeply respect the members of the leader used his position to block con- challenges we see in the Arctic. It cer- military with whom they serve. I have sideration of amendments more than tainly is focused on making sure the seen this throughout my entire career. twice as often as the previous six ma- Arctic remains a peaceful and stable The current law, however, recognizes jority leaders combined, and now we place, but it also starts to focus the the unique sacrifices our servicemem- are doing it on a bill that relates to the leadership of our military on the Arc- bers make wearing the uniform of our national security of our Nation and the tic, and that is important. country and mandates a half-a-percent critical issue of taking care of the men There is language in the NDAA which greater pay increase when there is a and women in uniform. was unanimously voted on in the com- pay increase for our men and women in I hope we can move through this. I mittee—it is very bipartisan—that re- uniform. Right now, the President is hope we can get to regular order. I quires the Secretary of Defense to sub- not abiding by that law. It is simple. hope this body can take up amend- mit a report that updates the U.S. He needs to do it. My amendment ments such as mine—commonsense, bi- military strategy in the Arctic and re- would request and focus on this issue, partisan amendments that are going to quires a military operations plan to be and I think we could probably get 100 keep our Nation safer, take care of our described for the protection and secu- Senators to vote for it. troops and their families, and give the rity of our interest in the Arctic. It What is the origin of this law and the American people faith that we are lays out what the issues are, what the intent behind it? It is simple. It recog- doing the job they sent us here to do. threats are, and what the Russians are nizes the unique sacrifices our men and That is my hope. doing in the Arctic. women in the military make. These We are already doing it under the President Putin is certainly going to sacrifices are well known to the Amer- new majority leader. We voted on al- be watching, and maybe he is taking ican people. They include long hours most 200 amendments already this notice that we are noticing, and that is and serious, difficult separations from year, but right now we are stuck on one reason why this is an important family. Of course, they include the risk one of the most important bills this bill. of combat when our troops are de- body will consider for the entire year. As we can see here, today’s Wall ployed overseas in combat zones. It in- It is a shame. We need to get unstuck. Street Journal article talked about cludes hardship to families. When our Mr. President, I yield the floor. President Putin moving forward and troops are deployed, they miss wed- Mr. President, I suggest the absence possibly having the ability to send air- dings, birthdays, first communions. It of a quorum. The PRESIDING OFFICER. The borne troops and airborne brigades to even takes training into account be- clerk will call the roll. the Arctic. Yet, right now, our own cause the members of the military The bill clerk proceeded to call the U.S. Army is thinking about removing don’t work on a 9-to-5 basis. roll. the only airborne brigade in the Arctic. I will give one example. I had the Mr. GARDNER. Mr. President, I ask That is not good strategy. great opportunity to head out to the unanimous consent that the order for That is why we need this bill. We National Training Center in Fort the quorum call be rescinded. need to set the direction in terms of Irwin, CA. It is one of the great train- The PRESIDING OFFICER (Mr. SUL- strategy and to make sure we are not ing bases in our country—one of the LIVAN). Without objection, it is so or- making strategic mistakes as the Rus- great training places in the world. I dered. sians move forward in the Arctic and was there to watch the training of the f we start looking at reducing our capa- 1st Stryker Brigade, which is based in bilities there. Weakness is provocative, Fairbanks, AK. They were out there for SECTION 3112 OF S. CON. RES. 11 and if anyone knows that, it is Presi- a month deployment and training hard. Mr. HATCH. On March 27, 2015, the dent Putin. We need to show strength, They were not punching a clock 9 to 5; Senate functioned properly by adopting and that is why we need to pass this they were training around the clock S. Con. Res. 11 on the congressional bill. every day. budget for the U.S. Government for fis- Finally, I want to talk briefly about I happened to be out there on Super cal year 2016. an amendment I wanted to offer. I am Bowl Sunday. The vast majority of Section 3112 of that budget resolution still trying to get it offered as part of Americans were enjoying the Super contains a specification of procedures the NDAA. As I mentioned, there is a Bowl, as they should have been. They governing cost estimates for what is lineup of hundreds of amendments. Un- were having fun, going to parties, defined to be ‘‘major legislation’’ as de- fortunately, the leader on the other watching the game, drinking Coke, fined in section 3112(c)(1). side of the aisle doesn’t want to move Pepsi, and a little beer. But there were I wish to provide a few comments to them. This is one of those amend- some Americans who were out in the clarify that section of the budget reso- ments. It is a very bipartisan amend- middle of Fort Irwin in the desert lution, and I understand that my dis- ment. If it were allowed to come to the training. They were not watching the tinguished colleague from Oregon, Fi- floor, it would probably pass over- Super Bowl; they were training to nance Committee Ranking Member

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.064 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4098 CONGRESSIONAL RECORD — SENATE June 11, 2015 WYDEN, also wishes to provide separate port his interpretation of this provi- people gave a comparable amount of and related comments. sion. In accordance with longstanding $356 million through small-dollar dona- In setting out what is to be taken as historical practice, and because of im- tions of $200 or less. Astonishing as ‘‘major legislation,’’ the budget resolu- portant practical considerations, the these figures are, they don’t include tion specifies that legislation may be chair and vice chair of the Joint Com- the $173 million spent in the 2014 elec- designated to be ‘‘major’’ if the Sen- mittee on Taxation should exercise tion cycle by tax-exempt ‘‘dark ator or House Member who is chairman principal control over the revenue esti- money’’ groups that are not required to or vice chairman of the Joint Com- mating process, and section 3112 should publicly disclose their donors. mittee on Taxation, or JCT, designates not be interpreted to authorize the Deep-pocketed special interests are the legislation as such ‘‘for revenue chairs of the Budget Committees to aiming to control the agenda in Con- legislation.’’ Of course, such language interfere with JCT’s responsibility for gress. It is time to fight back and fun- is entirely consistent with existing and control over revenue estimates in damentally reform the way we finance laws and practice, under which the re- any part of the congressional budget congressional elections. We need a sys- sponsibility and control over revenue process. tem that allows candidates to focus on estimates in the congressional budget However, I must note that on the constituents instead of fundraising—a process lies squarely with the chair and broader point of dynamic estimates, I system that encourages ordinary vice chair of the JCT. am opposed, and I was therefore op- Americans to make their voice heard The budget resolution also specifies posed to section 3112 being included in with small, affordable donations to the that legislation may be designated to the budget resolution and conference candidate of their choice. be ‘‘major’’ if the chair of the Com- agreement to start with. Dynamic esti- That is why I am once again intro- mittee on the Budget in the Senate or mates rely on shaky math and conven- ducing the Fair Elections Now Act. the House designates the legislation as ient assumptions that reward advo- While this bill cannot solve all of the such ‘‘for all direct spending and rev- cates of tax cuts while punishing advo- problems facing our Nation’s campaign enue legislation.’’ Of course, existing cates of long-term investments in peo- finance system, the Fair Elections Now laws and practice assigns responsibility ple and our Nation’s infrastructure. Act will dramatically change the way and control over spending estimates f campaigns are funded. This bill allows with the Budget Committees. However, FAIR ELECTIONS NOW ACT candidates to focus on the people they the budget resolution includes ‘‘rev- represent, regardless of whether those enue legislation’’ as part of what the Mr. DURBIN. Mr. President, it was 8 people have the wealth to attend a big Budget Committee chairs may use for years ago that I first introduced the money fundraiser or donate thousands designating legislation as being Fair Elections Now Act. Former Sen- of dollars. ‘‘major.’’ ator Arlen Specter, our late colleague I would like to thank Sens. BALDWIN, As I understand the intent of the lan- and former chairman of the Judiciary BOXER, BROWN, FRANKEN, GILLIBRAND, guage, when major legislation is to be Committee, was my lead cosponsor. We HEINRICH, KLOBUCHAR, LEAHY, MARKEY, considered, there can be cases in which introduced the bill because we believed MCCASKILL, MENENDEZ, MERKLEY, MUR- the legislation may require estimates that America needs a system that re- PHY, SANDERS, SHAHEEN, UDALL, and both from the JCT and from the Con- wards candidates with the best ideas WARREN for cosponsoring the Fair gressional Budget Office, or CBO. In and principles—not just the person who Elections Now Act and joining me in such cases, there is nothing to prohibit is the most talented in raising special this effort to reform our campaign fi- use of longstanding practice in which interest money. nance system. the Budget Committees consult with I noted that day that our democracy the chair and vice chair of the JCT to was in trouble because special interests The Fair Elections Now Act will help ensure that any necessary revenue esti- and big-donor money were choking the restore public confidence in congres- mates are arrived at by the JCT, for system and preventing us from facing sional elections by providing qualified use in scoring major legislation. To be up to the big challenges of our time. candidates for Congress with grants, clear, however, nothing in the budget Little did I know that almost a decade matching funds, and vouchers from the resolution should be taken to mean later, this problem would have grown Fair Elections Fund to replace cam- that the chairs of the Budget Commit- much worse. paign fundraising that largely relies on tees have authority to interfere with Through a series of recent cases—in- lobbyists, wealthy donors, corpora- the responsibility and control over rev- cluding the infamous Citizens United tions, and other special interests. In re- enue estimates in any part of the con- decision—the Supreme Court has al- turn, participating candidates would gressional budget process which, as I lowed wealthy, well-connected cam- agree to limit their campaign spending identified earlier, lies squarely with paign donors and special interests to to amounts raised from small-dollar the chair and vice chair of the JCT. unleash a deluge of cash in an effort to donors plus the amounts provided from It is my understanding that the budg- sway Federal, State, and local elec- the Fair Elections Fund. et resolution does not direct or allow tions across our Nation. When it comes The Fair Elections system would for any possibility of such interference, to understanding the influence of have three stages for Senate can- and my purpose in the remarks I am wealthy donors and special interests on didates. First, candidates would need making today is to make that under- Federal elections, the numbers speak to prove their viability by raising a standing clear. As I have mentioned, for themselves. minimum number and amount of longstanding practice has been that if In the 2012 election cycle, candidates small-dollar qualifying contributions a need arises for the CBO to obtain in- for both the House and Senate raised from in-state donors. Qualified can- formation on major legislation from the majority of their funds from large didates would then be required to limit the JCT in terms of revenue estimates donations of $1,000 or more. Forty per- the amount raised from each donor to or effects of legislative proposals on cent of all contributions to Senate can- $150 per election. marginal effective tax rates, Budget didates came from donors who maxed In the primary, participants would Committee members can ensure that out at the $2,500 contribution limit, receive a base grant that would vary in those estimates and effects are ob- representing just 0.02 percent of the amount based on the population of the tained by consulting with the chair and American population. State that the candidate seeks to rep- vice chair of the JCT. This long- We saw this trend continue during resent. Participants would also receive standing practice ensures smooth proc- the recent midterm elections. The 100 a 6 to 1 match for small-dollar dona- essing of the JCT’s workload, and pre- biggest donors gave a combined $323 tions up to a defined matching cap. vents any direct control or interven- million during the 2014 election cycle After reaching that cap, the candidate tion in JCT’s workload from other through official campaign contribu- could raise an unlimited amount of $150 committees with other jurisdictions. tions and donations to national party contributions, as well as contributions Mr. WYDEN. Mr. President, I share committees, PACs, Super PACs, and from small-donor People PACs. the concern of my colleague, the Fi- 527 organizations. In contrast to those In the general election, qualified can- nance Committee chairman, and I sup- 100 donors, an estimated 4.75 million didates would receive an additional

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.071 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4099 grant, further small-dollar matching, democracy, and we must address it. Ev- Opera of Chicago, Stroger Hospital, and and vouchers for purchasing television eryone is entitled to a seat at the in universities across the Nation. advertising. The candidate could con- table, but wealthy donors and big cor- Lester and his wife Renee have been tinue to raise an unlimited amount of porations shouldn’t be able to buy happily married for more than 60 years $150 contributions, as well as contribu- every seat. and have seven children. Renee serves tions from small-donor People PACs. The Fair Elections Now Act will re- as a founding member and former Under the Fair Elections Now Act, form our campaign finance system so president of the Women’s Board of candidates would have an incentive to that members of Congress can focus on Northwestern University and a life di- seek small donations. And citizens implementing policies in the best in- rector of the Multiple Sclerosis Soci- would have an incentive to donate to terest of the people who elected them— ety. She also serves on the board of the the candidate of their choice, knowing not just the wealthy donors and special Boys and Girls Clubs of Chicago, the that their small donation of $150 would interests that bankrolled their success. Field Museum, the Joffrey Ballet, and be converted to a $900 donation I urge my colleagues and the American as an honorary chair of the Shoah Vis- through the 6 to 1 Fair Elections people to support this important legis- ual History Foundation. match. lation. Lester and Renee are an inspiration Citizens would also be eligible for a f for many in their family who have be- modest, refundable tax credit. The Fair come successful investors and philan- Elections Now Act establishes the ‘‘My RECOGNIZING THE 90TH BIRTHDAY thropists. Their son Jim is continuing Voice Tax Credit’’ to encourage indi- OF LESTER CROWN the legacy started by Lester’s father viduals to make small donations to Mr. DURBIN. Mr. President, today I nearly a century ago by now serving as campaigns. Citizens could also make recognize the 90th birthday of one of the lead director of General Dynamics. their voices heard by aggregating small the outstanding business leaders of our Together, the Crown family works with contributions of $150 or less into a type time—Chicago businessman, Lester roughly 600 groups a year and donates of small-donor political action com- Crown. millions of dollars annually to support mittee, known as a ‘‘People PAC.’’ Peo- Lester Crown was born on June 7, organizations that focus on education ple PACs would then be permitted to 1925, to Henry Crown, the son of Jewish and community development. make campaign contributions to quali- immigrants from Lithuania, and his In addition to the energy Lester has fied Fair Elections candidates. Coupled wife, Rebecca Kranz. Like many other poured into his family and business with the Fair Elections public financ- Illinoisans, Lester came from a family life, he has been a pillar in the Jewish- ing system, People PACs would elevate of Lithuanian immigrants with humble American community in his support of the views and interests of a diverse beginnings who moved to America to Israel. Few can match his dedicated spectrum of Americans, rather than pursue a better life for their children. commitment to the survival and suc- those of the traditional, wealthy donor Lester’s father worked hard with his cess of the nation of Israel. class. two brothers to build their family con- While few share Lester’s long list of Our country is facing major chal- struction supplies company, the Mate- business achievements, even fewer lenges. We need to continue to create rial Service Corporation. As a young share his level of leadership and gen- more jobs and restore economic secu- man, Lester worked with his father at erosity. It is with great pride that I ask rity for the middle class. We need to the Material Service’s quarry over the my colleagues to join me in celebrating build and sustain our transportation summers to lend a hand. Through the the 90th birthday of Lester Crown and infrastructure. We need to fix our bro- hard work and dedication of the entire to congratulate him on his legendary ken immigration system. We need to Crown family, the Material Service career and his many contributions to ensure that the right to vote is pro- Corporation became one of the most the city of Chicago, the Nation, and tected and preserved. successful companies in America. Sev- the world. I offer my best wishes as he But with high-powered, special inter- eral years later, that family business continues to provide visionary leader- est lobbyists fighting every proposal to merged with General Dynamics Cor- ship through his business endeavors make our country stronger, it is in- poration to become America’s largest and family philanthropy for years to credibly difficult for members of Con- defense contractor. come. gress to make progress on behalf of From the start, Lester saw his fa- f their constituents. This bill would dra- ther’s work and learned what it took to matically reduce the influence of these be a successful businessman. He used CONFIRMATION OF ERIC MILLER special interests and wealthy donors, his experience to excel and quickly be- TO BE VERMONT’S U.S. ATTORNEY because Fair Elections candidates came the president of Marblehead Lime Mr. LEAHY. Mr. President, last would not need their money to run and Royal Crown (RC) Cola. After night, the Senate confirmed Eric Mil- campaigns. As a result, the bill would years of managing companies, Lester ler to be Vermont’s 37th U.S. attorney. enhance the voice of average Ameri- took over as chair of General Dynamics I am confident that he will do an out- cans. Let me be clear: the over- and as the head of the family invest- standing job as the top Federal law en- whelming majority of people serving in ment firm. forcement officer in the State. Before American politics are good, honest peo- One of Lester’s many talents has recommending Eric to the President, I ple, and I believe that most members of been his ability to recognize great po- consulted prosecutors, defense attor- Congress are guided by the best of in- tential. His eye for promising invest- neys, judges, law enforcement officials, tentions. But we are nonetheless stuck ments has led him to grace the Forbes and civic leaders throughout Vermont. in a terrible, corrupting system. 400 list every year since 1982. With a They were unanimous in their support A recent poll found bipartisan con- quick glance at his impressive list of for Eric. I was particularly impressed cerns about our current system. Ac- investments we can easily see why—he with his thoughtfulness, vision, and cording to the poll, more than four out is a major shareholder in Maytag, Hil- depth of experience. Eric Miller is one of five Americans say money plays too ton Hotels, Alltel, Aspen Skiing Com- of Vermont’s leading trial attorneys. great a role in political campaigns. pany, New York’s Rockefeller Center, He is well regarded by State and local Two-thirds say that the wealthy have the New York Yankees, and Illinois’ law enforcement and leaders in more of a chance to influence the elec- very own Chicago Bulls. Vermont’s legal community. toral process than other Americans. But Lester is not just a successful Eric Miller has worked since 1999 in The perception is that politicians are businessman, he is also a dedicated phi- the Burlington office of the law firm corrupted by big money interests . . . lanthropist, husband, and father. He Sheehey Furlong & Behm PC, serving and whether that is true or not, that has channeled his successes to provide as partner since 2002. He has litigated a perception and the loss of trust that generous contributions to a wide array range of complex issues in Federal civil goes with it make it very difficult for of local and national projects. His char- and criminal cases, including trials and Congress to solve tough issues. itable footprint can be seen in land- appeals. As an appointee to the Crimi- This problem—the perception of per- marks such as the famous Crown Foun- nal Justice Act panel of the U.S. Dis- vasive corruption—is undermining our tain in Millennium Park, the Lyric trict Court for the District of Vermont,

VerDate Sep 11 2014 05:35 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.058 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4100 CONGRESSIONAL RECORD — SENATE June 11, 2015 Eric has also represented indigent de- rity; and private sector R&D has re- There is a great deal of bipartisan interest fendants in serious felony cases involv- bounded after several years of stagna- in this on the committee. My staff and Sen. ing narcotics, weapons, and immigra- tion. Murray’s staff have been meeting with ex- tion-related charges. He clerked for the We now find ourselves at a competi- perts every day, the staff of each of our com- mittee members have been meeting once a Honorable Fred Parker on the U.S. tive inflection point. We can either do week, and Sen Murray and myself have been Court of Appeals for the Second Circuit more to nurture and take advantage of speaking with the administration regularly in Burlington. He has a law degree our strengths—only some of which we as well. from Yale University and an under- have mentioned—or we can fall behind The administration understands our level graduate degree from Duke University. in the 21st century. In order to support of interest and is working with us to improve I thank Eric for his willingness to our competitive strengths, Senator these records. Here’s what we’re talking about: continue to serve Vermont and I con- JERRY MORAN and I are launching the The Meaningful Use Program began in 2009 gratulate him on his confirmation. bipartisan Senate Competitiveness to encourage the 491,000 physicians who serve f Caucus, a forum to bring together Medicaid and Medicare patients and almost Democrats and Republicans to address SENATE COMPETITIVE CAUCUS 4,500 hospitals who serve those patients to the most pressing issues facing our begin to adopt and use electronic health Mr. COONS. Mr. President, the hall- economy. records systems. mark of our Nation’s economy has long Rather than focus on just one issue Of those 491,000 physicians, 456,000 have re- been the ability of anyone with cre- or one bill, we have built the caucus ceived some sort of Medicare or Medicaid in- ativity, ambition, and a good work centive payment from the Meaningful Use with the understanding that it will Program. All hospitals and most physicians ethic to realize their dreams and move take a whole range of policies working America forward. From the lightbulb that tried were able to meet the first stage in concert to sustain our innovation requirements. For those who met the re- to the iPhone, the legacy of American ecosystem. quirements, the government paid incentive invention has shone brightly through- We will pursue ways to invest in our payments in the form of higher Medicare re- out the world. Yet while our culture of roads, bridges, ports, and highways so imbursements. It has so far paid out $30 bil- innovation and entrepreneurial spirit they meet the needs of a 21st century lion in incentive payments. remain strong, the policy framework economy. We will work to make our But the program’s stage 2 requirements are that empowers that spirit to flourish is so complex that only about 11 percent of eli- tax code more competitive so the gible physicians have been able to comply so losing its competitive edge. United States will remain the best For years, enabling our Nation’s in- far, and just about 42 percent of eligible hos- country in which to do business and pitals have been able to comply. novative drive was an economic system raise a family. We will seek to stream- The next step in the program is penalties unparalleled around the world—from line regulations to protect consumers for doctors and hospitals that don’t comply. competitive tax laws to public invest- and make it easier to start and grow a This year, 257,000 physicians have already ments in research, infrastructure, and business. We will look at our Federal begun losing 1 percent of their Medicare re- education. We have long understood budget and focus Federal resources on imbursements and 200 hospitals may be los- ing even more than that. something that many other countries pro-growth policies that will create an haven’t: for innovation and the entre- Our goal is to identify the 5 or 6 steps we environment for job creation now and can take to improve electronic health preneurial spirit to thrive, we need a into the future. We will work together records—a technology that has great prom- strong, competitive economic eco- to boost manufacturing because no ise, but has, through bad policy and bad in- system. There simply is no single silver country can support a strong middle centives, run off track. bullet for economic growth. class without a thriving manufacturing To put it bluntly, physicians and doctors While other nations catch up, our sector. That is just a start. have said to me that they are literally ‘‘ter- system is deteriorating in a number of rified’’ on the next implementation stage of If the last century has taught us any- electronic health records, called Meaningful ways. Federal investments in basic re- thing, it is that other countries will search and development are not keep- Use Stage 3, because of its complexity and not slow down when it comes to chas- because of the fines that will be levied. ing up with inflation and our tax code ing America’s economic success. That My goal is that before that phase is imple- remains riddled with complexity, un- means that even though the United mented, we can work with physicians and able to spur growth and provide the States remains a world leader in inno- hospitals and the administration to get the certainty our businesses need. We also vation and competitiveness, it will system back on track and make it a tool have to address the tough questions only become more difficult to retain that hospitals and physicians can look for- ward to using to help their patients instead about how to fund our infrastructure, that position as the years go by. Mem- transportation, and education systems. of something they dread. bers of the Competitiveness Caucus un- Today will mark the start of a series of In our dynamic market economy, the derstand that we are now competing hearings we will hold this summer to address natural churn of businesses opening with every country, every government, various possible solutions. and closing keeps our Nation competi- every worker, and every business on Senator Murray and I are today announc- tive, as long as we are creating more the planet. Congress must come to- ing the next two hearings in the series, businesses than we are closing, of gether to turn our economic challenges which will be chaired by different members of our committee to examine solutions to course. According to the Census Bu- into opportunities for growth. reau, however, U.S. businesses are now the problems we identify. failing faster than they are being cre- f The first hearing is on the burden physi- HEALTH INFORMATION EXCHANGE: cians face with these systems, and I have ated for the first time in 35 years— asked Senator Cassidy, who is a physician since the data began being recorded. A PATH TOWARDS IMPROVING himself, to chair that hearing. Meanwhile, the 2014 Global Innovation THE QUALITY AND VALUE OF The second hearing is on the question of Index saw the U.S. innovation eco- HEALTH CARE FOR PATIENTS whether you and I control information about system fall to 6th, while ranking 39th Mr. ALEXANDER. Mr. President, I our health, and I have asked Senator Collins to chair that hearing. in ease of starting a business. These de- ask unanimous consent to have printed clines are coupled to a global R&D On March 17, we held our first hearing to in the RECORD a copy of my remarks at identify the problems with electronic health forecast that projects leading competi- the Senate Health, Education, Labor records, and the government’s Meaningful tors—like China—will surpass the U.S. and Pensions Committee hearing ear- Use Program. in total R&D investment by 2022. lier this week. At today’s hearing, we will set the table Yet even with these challenges, we do There being no objection, the mate- for this series of hearings by discussing how retain a competitive edge. Americans’ rial was ordered to be printed in the we can solve those problems and improve electronic health records. entrepreneurial drive still spurs our RECORD, as follows: I was in Nashville at Vanderbilt University economy; manufacturing output con- HEALTH INFORMATION EXCHANGE: A PATH TO- tinues to increase; our colleges and two weeks ago for a public workshop of the WARDS IMPROVING THE QUALITY AND VALUE National Institutes of Health Precision Med- universities remain the envy of the OF HEALTH CARE FOR PATIENTS icine Working Group, which is working out world; innovations in the American en- We’re here today to outline our plans to the details of the president’s precision medi- ergy industry have reduced our trade conduct an intensive review of electronic cine initiative. That will involve creating a deficit and improved our energy secu- health records. collection of 1 million sequenced genomes

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.036 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4101 that researchers and scientists and doctors health records that I’ve been detailing. The place for fellowship, as well as personal nationwide can consult in treating patients report was written by a task force of experts and community growth. Kiwanis and and curing diseases. from all aspects of Health IT: physicians, re- its affiliates boast more than 600,000 It’s cutting edge medicine that has the po- searchers, vendors, patient advocates, and members who raise more than $100 mil- tential to change the way we treat every- others. lion and contribute more than 18 mil- thing from diabetes to cancer. We know that improvements need to be But it will only work the way it’s supposed made to these programs, and they need to be lion volunteer hours each year. Their to if electronic health records systems work done quickly. One of the things I like about impact is tremendous and felt globally. the way they are supposed to. this report is that the recommendations are In the State of Indiana, there are Number one, electronic health records can targeted for the next 6 to 12 months and more than 190 Kiwanis clubs and more help to assemble and understand the could make improvements quickly. than 6,000 adult members participating genomes of the one million individuals. And, The report makes recommendations in in a wide variety of charitable efforts. second, if we want to make genetic informa- these five areas: Kiwanis has served the Indianapolis tion useful, being able to exchange informa- Simplify and speed documentation—that area by providing everything from tion will help doctors when they write a pre- means using technology to help doctors playground projects to scholarship pro- scription for you. spend less time taking notes and more time grams. Hoosier Kiwanis clubs have So that’s just one important medical taking care of patients. breakthrough initiative that will rely on a Refocus regulation—that means the gov- raised more than $234,000 to benefit the big improvement to electronic health ernment requirements should be clear, sim- Child Life program at Riley Hospital records. ple, and streamlined towards better patient for Children and contributed more than This committee is interested not least be- care. $1.1 million toward the Eliminate cause the government has invested $30 bil- Increase transparency and streamline cer- Project, which works with developing lion to encourage doctors and hospitals to tification, such as using detailed tests for countries to help immunize millions of install these expensive systems. records systems to receive certification, so The program has increased adoption. Ac- women in the fight against maternal purchasers can easily judge performance and and neonatal tetanus. These Hoosiers cording to the Centers for Medicare and Med- compare products. icaid Services (CMS), since 2009, the percent- serve as an example of the hard work Foster innovation—The brilliant minds and service that make Indiana a great age of physicians with a basic electronic working in Information Technology should health record system has grown from 22 per- be allowed to innovate new ideas, not just place to live. Each year, Kiwanis clubs cent to 48 percent. And the percentage of react to satisfying government ideas for in Indiana serve nearly 300,000 children hospitals with a basic records system has Health IT. Standards are important, but and youths, raise more than $1.1 mil- grown from 12 percent to 59 percent. But the they should support and enable innova- lion, and donate more than 50,000 vol- program hasn’t done enough to make the tions—not stifle them. unteer hours of invaluable service. I systems easy to use or interoperable—mean- And ‘‘support person-centered care deliv- ing able to communicate with one another— commend the Indiana district Kiwanis ery’’—Today, with a click of a mouse or a leaders for these great accomplish- or really achieved much beyond adoption. swipe on a smart phone, one can see the According to a Medical Economics survey ments in doing good for Indiana com- prices for airplane tickets from competing nearly 70 percent of physicians say their munities and the world. airlines or, mortgage rates from hundreds of electronic health record systems have not banks. But, in health care, Information On behalf of the citizens of Indiana, I been worth it. They are spending more time Technology has not made much difference to congratulate and thank each and every taking notes than taking care of patients, the patient experience. Patients still fill out member of Kiwanis International for and they are spending a lot of their own paper forms with clipboards at every doctor helping Kiwanis evolve into the thriv- money on systems that have to comply with appointment, call multiple offices to make ing and impactful organization that it government requirements, not satisfying appointments, and piece together their their own needs to serve patients with the is today. For a century, Kiwanians health information one doctor office and one latest in cutting edge medicine that could be have faithfully served their local com- hospital visit at a time. Electronic health accessed with the kind of technology Health munities and communities around the records could change that experience for all IT is supposed to promise. world. I wish them continued growth of us so that when an individual visits a doc- Or as the conservative columnist Charles tor, his care team can access his information and success for many more years to Krauthammer, a doctor himself, wrote re- ∑ no matter where the patient has been or come. cently: ‘‘The EHR technology, being in its which doctors he’s seen in the past and de- f infancy, is hopelessly inefficient. Hospital liver more accurate and higher quality care physicians will tell you endless tales about CONGRATULATING THE UNIVER- for the patient. the wastefulness of the data collection and I look forward to hearing our witnesses’ SITY OF NEVADA, LAS VEGAS how the lack of interoperability defeats the recommendations, their thoughts on this re- ROBOTICS TEAM very purpose of data sharing.’’ port, and also advice on how we can make Today we have invited experts rep- ∑ Mr. HELLER. Mr. President, today, I improvements as quickly as possible. resenting various perspectives: wish to congratulate the University of Medical informatics, the profession focused f Nevada, Las Vegas, UNLV, robotics on what information to use and how to use it team on being selected as one of the ADDITIONAL STATEMENTS to improve care; a records system vendor, top ten in the world by competing in one of the companies tasked with building the 2015 U.S. Defense Advanced Re- the records systems; a health system chief search Projects Agency Robotics Chal- information officer, the expert in charge of COMMEMORATING THE 100TH ANNI- implementing Health IT for a hospital’s VERSARY OF KIWANIS INTER- lenge. The competition included a many different types of care providers across NATIONAL dozen teams from the United States, including the Massachusetts Institute many different types of care settings; and ∑ the perspective of the patient so that we can Mr. DONNELLY. Mr. President, of Technology, the National Aero- hear recommendations on how improvements today I wish to honor Kiwanis Inter- nautics and Space Administration, and in Health IT can improve the patient experi- national for its 100th anniversary cele- Lockheed Martin. Eleven teams from ence and patient involvement in their own bration. Since its formation in 1915, Japan, Germany, Italy, South Korea, care. Kiwanis has become a global service and Hong Kong also participated. I am especially interested to hear from our organization, supporting communities The competition was initially cre- witnesses their recommendations to improve both in its Indianapolis headquarters ated in response to the humanitarian the exchange of health information, which and beyond. has been a glaring failure of the current need after the Fukushima Daiichi nu- state of electronic health records. Last year, I had the pleasure of meet- clear reactor incident in 2011. The goal Patients will receive better care if we can ing Stan Soderstrom, who serves as the of the program remains to accelerate improve the exchange of information so that executive director of Kiwanis Inter- the development of advanced robots ca- a patient’s health record can be accessed by national and oversees the organiza- pable of entering areas too dangerous physicians and pharmacists in an efficient tion’s branches and clubs in 80 nations, for humans and acting as first respond- and reliable way, the term industry experts from the Kiwanis Club of Pike Town- ers in the disaster zone. The robots use for this exchange of information is inter- ship in Indianapolis. With a hands-on chosen as finalists, including UNLV’s operability. We’re fortunate that a report was pub- approach and great leadership from Metal Rebel, competed in eight tasks lished May 28, 2015, by the American Medical folks like Stan, as well as previous related to disaster response, including Informatics Association offering immediate leaders such as State Representative climbing stairs, turning valves, trip- strategies to the challenges in electronic Christina Hale, Kiwanis clubs provide a ping circuit breakers, walking among

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.034 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4102 CONGRESSIONAL RECORD — SENATE June 11, 2015 rubble, and driving alone. Metal Rebel Ph.D. while studying in Kistanje, Cro- the Agriculture Department complex took eighth place out of 23 teams, atia. Mr. Dharan, a member of Teach and in Kansas City, Kansas another bringing in a score of 6 out of 8 and a for America, will expand upon his courthouse and the Environmental time of 57:41. This team of students and teaching experience in New Dehli, Protection Agency headquarters. faculty stands as a tribute to what India. Finally, Mr. Pfurr will build Woody is looking forward to spending dedication and hard work can achieve. upon his experience in Austria. I am more time with his family, and espe- I am proud to call them fellow Nevad- proud to call these excellent students cially his grandchildren. I know they ans. ambassadors for not only the United will enjoy the opportunity to spend The team of 15 UNLV engineering States, but also for Nevada, through- more time with him. students was led by Paul Oh, Lincy out their journeys. It is my pleasure to honor Woody professor of unmanned aerial systems Today, I ask my colleagues to join Overton today. He has touched the and expert in robotics and autonomous me in congratulating these exceptional lives of many and immensely improved systems for UNLV’s Howard R. Hughes young Nevadans. These students the Kansas City community. College of Engineering. Mr. Oh joined worked hard for this incredible oppor- I ask that the Senate join me in con- the competition to help UNLV and Ne- tunity, and I wish them the best of gratulating and honoring Glen W. vada become a national leader in the luck in their future endeavors.∑ ‘‘Woody’’ Overton.∑ autonomous systems industry. He was f f also the former program director for CONGRATULATING WOODY RECOGNIZING MAINSTREET SELF the National Science Foundation ro- OVERTON STORAGE botics. His work for this university and our State is greatly appreciated. ∑ Mrs. MCCASKILL. Mr. President, I ∑ Mr. VITTER. Mr. President, small I am excited to see local students and congratulate my good friend Woody businesses are able to recognize what faculty bringing recognition to both Overton on his retirement after 14 their neighbors and communities need, Nevada and to UNLV for their advance- years as director of governmental af- and what is even more impressive is ment in a global competition. These fairs and community relations at JE that they are able to meet those needs students should be proud to call them- Dunn Construction and his many years quickly and efficiently. This is espe- selves top contenders in this inter- of leadership and service to Kansas cially important when a natural dis- national competition. I ask my col- City. Woody demonstrated exceptional aster strikes. That is why this week’s leagues to join me and all Nevadans in professionalism, and I am pleased to Small Business of the Week is congratulating UNLV for its success recognize his outstanding career today. Mainstreet Self Storage of Shreveport, and honorable representation of Ne- Woody, a native of Trenton, MO, re- LA. vada.∑ ceived his bachelor’s degree in political Northwest Louisiana is currently f science from the University of Mis- struggling with major flooding, which souri—Kansas City. He is a U.S. Army has driven families out of their homes CONGRATULATING BECKY veteran and is deeply involved with and shut down small businesses. In re- BOSSHART, MICHAEL PFURR, nonprofit and civic organizations in sponse, Mainstreet Self Storage is ROHAN DHARAN, MICHAEL the Kansas City area. doing its part to help those affected by MONCRIEFF, AND RYAN LARSEN Woody served as assistant to former offering free storage space for the next ∑ Mr. HELLER. Mr. President, today, I U.S. Senator Thomas Eagleton in 3 months. Through this program, wish to recognize five of Nevada’s charge of major projects and con- Mainstreet aims to provide folks a safe, brightest students—Becky Bosshart, stituent services from 1977 to 1986. He secure space to store their belongings— Michael Pfurr, Rohan Dharan, Michael learned from the best and embodied the truly a fine example of Louisiana’s in- Moncrieff, and Ryan Larsen—on being lessons he learned from Senator Eagle- genuity and generosity. selected as 2015 recipients of the Ful- ton throughout his life and career. In May of 2009, the Delaney family bright scholarship. Each time you talk to Woody he will opened a facility offering storage and The Fulbright Scholar Program was share a lesson he learned through an moving solutions for Shreveport-Bos- developed shortly after World War II by anecdote. That time in his life was the sier city residents. Mainstreet Self former U.S. Senator James William defining moment of his career, and his Storage’s complex is comprised of cli- Fulbright due to language barriers ex- love of public service and community mate-controlled units, nonclimate con- perienced by Americans and their al- involvement came directly from his re- trolled-units, car garages, cover RV lies during the war. Students selected spect and admiration for his boss and storage, and open or closed storage for for the program study and teach friend, Senator Tom Eagleton. boats and vehicles. Mainstreet’s top-of- English abroad, building upon their In 1992, Woody ran the Clinton Presi- the-line security system and humidity- language skills, as well as growing dential campaign in Missouri, helping controlled units give clients a peace of international good will. The scholar- President Clinton secure a must-win mind in the stowing of their belong- ship is highly competitive, with thou- State by ten points. In 1993, Woody was ings. Shortly after opening, Mainstreet sands applying from colleges and uni- appointed as the Regional Adminis- partnered with the U-Haul company in versities across the country. I am trator of the General Services Adminis- order to offer moving and transpor- proud to congratulate these five stu- tration’s, GSA, Heartland Region tation equipment to their customers. dents on their achievement, as well as which includes Missouri, Iowa, Ne- In the years since, Mainstreet Self the University of Nevada, Las Vegas, braska, and Kansas. Woody served as Storage has become a Top 100 U-Haul UNLV, on receiving its largest amount its chief executive officer and regional Dealer and was recently named the of Fulbright scholarship selections in a liaison to other Federal agencies, State eighth in the Nation for customer serv- single year in Rebel history. The stu- and local Governments. Woody’s lead- ice. dents are shining examples of how hard ership and accomplishments in pro- Congratulations to MainStreet Stor- work leads to success, and stand as role viding better customer service to Fed- age for being selected as the Small models for future Rebels. eral agencies earned him the GSA Ad- Business of the Week. We appreciate The five students will teach English ministrator’s ‘‘Exceptional Service and recognize your generosity and and expand upon their language skills Award’’ in May 2001. commitment to aiding your neighbors in countries from Eastern Europe to Woody’s ability to work with Demo- in Northwest Louisiana during these Asia. Ms. Bosshart served in the Peace crats and Republicans to help Kansas times of need.∑ Corps in Chernvisti, Ukraine, and City remain a Federal regional center f worked diligently to return to Eastern during his tenure as head of Kansas Europe. She will spend her time in Ro- City’s GSA should be commended. He MESSAGE FROM THE PRESIDENT mania. Mr. LARSEN spent the last 6 oversaw construction of several impor- A message from the President of the years mentoring Fulbright scholarship tant Kansas City buildings including United States was communicated to applicants and will spend time in the Federal courthouse, the Illus W. the Senate by Mr. Pate, one of his sec- Japan. Mr. Moncrieff will complete his Davis Civic Mall, the FBI office, and retaries.

VerDate Sep 11 2014 05:35 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JN6.057 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4103 EXECUTIVE MESSAGE REFERRED By Mr. THUNE (for himself, Mr. By Mr. ROBERTS (for himself and Ms. SCHATZ, Mr. WICKER, and Mr. RUBIO): HEITKAMP): As in executive session the Presiding S. 1551. A bill to provide for certain re- S. 1560. A bill to amend the Commodity Ex- Officer laid before the Senate a mes- quirements relating to the Internet Assigned change Act to provide end-users with a rea- sage from the President of the United Numbers Authority stewardship transition; sonable amount of time to meet their margin States submitting nominations which to the Committee on Commerce, Science, requirements and to repeal certain indem- were referred to the Committee on the and Transportation. nification requirements for regulatory au- Judiciary. By Mr. DAINES: thorities to obtain access to swap data re- S. 1552. A bill to authorize the Dry- quired to be provided by swaps entities; to (The message received today is print- Redwater Regional Water Authority System ed at the end of the Senate pro- the Committee on Agriculture, Nutrition, and the Musselshell-Judith Rural Water Sys- and Forestry. ceedings.) tem in the State of Montana, and for other By Mr. LEAHY (for himself and Mr. f purposes; to the Committee on Energy and GRAHAM): Natural Resources. MESSAGE FROM THE HOUSE S. 1561. A bill to clarify the definition of By Mr. GRAHAM (for himself, Mr. nonadmitted insurer under the Nonadmitted At 11:31 a.m., a message from the MCCAIN, Mr. MCCONNELL, Mr. CRUZ, and Reinsurance Reform Act of 2010, and for House of Representatives, delivered by Mr. DAINES, Mr. PERDUE, Mr. HATCH, other purposes; to the Committee on Bank- Mrs. Cole, one of its reading clerks, an- Mr. INHOFE, Mr. ROUNDS, Mr. COATS, ing, Housing, and Urban Affairs. Mr. TILLIS, Mr. CASSIDY, Mr. VITTER, nounced that the House has passed the By Mr. WYDEN: Mr. COTTON, Mr. RUBIO, Mr. RISCH, S. 1562. A bill to amend the Internal Rev- following bill, in which it requests the Mrs. ERNST, Mr. LANKFORD, Mr. ISAK- enue Code of 1986 to reform taxation of alco- concurrence of the Senate: SON, Mr. MORAN, Mr. GRASSLEY, Mr. holic beverages; to the Committee on Fi- H.R. 2393. An act to amend the Agricul- THUNE, Mrs. FISCHER, Mr. BLUNT, Mr. nance. tural Marketing Act of 1946 to repeal coun- SASSE, Mr. ROBERTS, Mr. SCOTT, Mr. By Mr. MARKEY (for himself, Mr. try of origin labeling requirements with re- LEE, Mr. COCHRAN, Mr. SESSIONS, Mr. KIRK, Mr. BLUMENTHAL, and Mr. spect to beef, pork, and chicken, and for CRAPO, Mr. SHELBY, Mr. CORKER, Mr. MENENDEZ): other purposes. WICKER, Mr. PAUL, Mr. BARRASSO, S. 1563. A bill to amend the Children’s On- The message also announced that the Mr. ENZI, Mr. CORNYN, Mr. BOOZMAN, line Privacy Protection Act of 1998 to ex- House has agreed to the following con- Mr. BURR, Mr. PORTMAN, Mr. HOEVEN, tend, enhance, and revise the provisions re- Mr. JOHNSON, Mr. SULLIVAN, Mr. current resolution, in which it requests lating to collection, use, and disclosure of FLAKE, and Mr. TOOMEY): personal information of children, to estab- the concurrence of the Senate: S. 1553. A bill to amend title 18, United lish certain other protections for personal H. Con. Res. 54. Concurrent resolution au- States Code, to protect pain-capable unborn information of children and minors, and for thorizing the reprinting of the 25th edition of children, and for other purposes; to the Com- other purposes; to the Committee on Com- the pocket version of the United States Con- mittee on the Judiciary. merce, Science, and Transportation. stitution. By Mr. CARDIN (for himself, Mr. By Mr. SANDERS: The message further announced that MERKLEY, Mr. WHITEHOUSE, and Mrs. S. 1564. A bill to require that employers FEINSTEIN): provide not less than 10 days of paid vacation pursuant to 22 U.S.C. 1928a, and the S. 1554. A bill to amend the Federal Water order of the House of January 6, 2015, time to eligible employees, and for other Pollution Control Act and to direct the Sec- purposes; to the Committee on Health, Edu- the Speaker appoints the following retary of the Interior to conduct a study cation, Labor, and Pensions. with respect to stormwater runoff from oil Members on the part of the House of By Mr. REED (for himself, Mr. SCHU- and gas operations, and for other purposes; Representatives to the United States MER, Mr. MENENDEZ, Mr. WARNER, to the Committee on Environment and Pub- Group of the NATO Parliamentary As- Mr. MERKLEY, Ms. WARREN, Mr. lic Works. sembly: Mr. LARSON of Connecticut, BLUMENTHAL, Mr. FRANKEN, Mr. DUR- By Ms. HIRONO (for herself, Mr. HELL- Mr. DAVID SCOTT of Georgia, Ms. BIN, Mr. KAINE, and Ms. HIRONO): ER, Mr. REID, Mr. KAINE, and Mr. S. 1565. A bill to allow the Bureau of Con- FRANKEL of Florida, and Mr. CONNOLLY SCHATZ): sumer Financial Protection to provide great- S. 1555. A bill to award a Congressional of Virginia. er protection to servicemembers; to the Gold Medal, collectively, to the Filipino vet- f Committee on Banking, Housing, and Urban erans of World War II, in recognition of the REPORTS OF COMMITTEES dedicated service of the veterans during Affairs. By Mr. KIRK (for himself and Mr. The following reports of committees World War II; to the Committee on Banking, Housing, and Urban Affairs. FRANKEN): S. 1566. A bill to amend the Public Health were submitted: By Mr. DURBIN (for himself and Mr. Service Act to require group and individual By Mr. THUNE, from the Committee on FRANKEN): Commerce, Science, and Transportation, S. 1556. A bill to amend section 455(m) of health insurance coverage and group health with an amendment in the nature of a sub- the Higher Education Act of 1965 in order to plans to provide for coverage of oral stitute: allow adjunct faculty members to qualify for anticancer drugs on terms no less favorable H.R. 23. A bill to reauthorize the National public service loan forgiveness; to the Com- than the coverage provided for anticancer Windstorm Impact Reduction Program, and mittee on Health, Education, Labor, and medications administered by a health care for other purposes (Rept. No. 114–62). Pensions. provider; to the Committee on Health, Edu- By Mr. COCHRAN, from the Committee on By Mr. DURBIN (for himself, Mr. cation, Labor, and Pensions. Appropriations, without amendment: BLUMENTHAL, Mr. BROWN, Mr. MAR- By Mr. PETERS (for himself, Mr. S. 1558. An original bill making appropria- KEY, Mrs. MURRAY, Mr. TESTER, and DAINES, and Mr. TILLIS): tions for Department of Defense for the fis- Mr. WHITEHOUSE): S. 1567. A bill to amend title 10, United cal year ending September 30, 2016, and for S. 1557. A bill to amend the States Code, to provide for a review of the other purposes (Rept. No. 114–63). Servicemembers Civil Relief Act to extend characterization or terms of discharge from By Mrs. CAPITO, from the Committee on the interest rate limitation on debt entered the Armed Forces of individuals with mental Appropriations, with an amendment in the into during military service to debt incurred health disorders alleged to affect terms of nature of a substitute: during military service to consolidate or re- discharge; to the Committee on Armed Serv- H.R. 2250. A bill making appropriations for finance student loans incurred before mili- ices. the Legislative Branch for fiscal year ending tary service, and for other purposes; to the By Mr. GARDNER (for himself, Mr. September 30, 2016, and for other purposes Committee on Veterans’ Affairs. ISAKSON, and Mr. BENNET): (Rept . No. 114–64). By Mr. COCHRAN: S. 1568. A bill to extend the authorization By Mr. CORKER, from the Committee on S. 1558. An original bill making appropria- to carry out the replacement of the existing Foreign Relations, without amendment: tions for Department of Defense for the fis- medical center of the Department of Vet- S. 756. A bill to require a report on ac- cal year ending September 30, 2016, and for erans Affairs in Denver, Colorado, to author- countability for war crimes and crimes other purposes; from the Committee on Ap- ize transfers of amounts to carry out the re- against humanity in Syria. propriations; placed on the calendar. placement of such medical center, and for other purposes; considered and passed. f By Ms. AYOTTE (for herself and Mr. PETERS): By Mr. VITTER (for himself, Mr. INTRODUCTION OF BILLS AND S. 1559. A bill to protect victims of domes- TESTER, and Mrs. FISCHER): JOINT RESOLUTIONS tic violence, sexual assault, stalking, and S. 1569. A bill to require a review of the dating violence from emotional and psycho- adequacy of existing procedures to ensure at The following bills and joint resolu- logical trauma caused by acts of violence or least one employee of the personal office of tions were introduced, read the first threats of violence against their pets; to the each Senator serving on a committee that and second times by unanimous con- Committee on Agriculture, Nutrition, and requires access to top secret and sensitive sent, and referred as indicated: Forestry. compartmented information may obtain the

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.021 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4104 CONGRESSIONAL RECORD — SENATE June 11, 2015 security clearances necessary for the em- kota (Ms. HEITKAMP) was added as a co- fectiveness of the Fund for future gen- ployee to have access to such information; to sponsor of S. 488, a bill to amend title erations, and for other purposes. the Committee on Rules and Administration. XVIII of the Social Security Act to S. 1049 By Mr. SCHATZ: allow physician assistants, nurse prac- At the request of Ms. HEITKAMP, the S. 1570. A bill to authorize appropriations to the Secretary of Commerce to establish titioners, and clinical nurse specialists name of the Senator from Wisconsin public-private partnerships under the Mar- to supervise cardiac, intensive cardiac, (Ms. BALDWIN) was added as a cospon- ket Development Cooperator Program of the and pulmonary rehabilitation pro- sor of S. 1049, a bill to allow the financ- International Trade Administration, and for grams. ing by United States persons of sales of other purposes; to the Committee on Bank- S. 512 agricultural commodities to Cuba. ing, Housing, and Urban Affairs. At the request of Mr. HATCH, the S. 1099 f name of the Senator from Connecticut At the request of Mr. SCOTT, the SUBMISSION OF CONCURRENT AND (Mr. MURPHY) was added as a cosponsor names of the Senator from Indiana SENATE RESOLUTIONS of S. 512, a bill to amend title 18, (Mr. DONNELLY) and the Senator from United States Code, to safeguard data Georgia (Mr. ISAKSON) were added as The following concurrent resolutions cosponsors of S. 1099, a bill to amend and Senate resolutions were read, and stored abroad from improper govern- ment access, and for other purposes. the Patient Protection and Affordable referred (or acted upon), as indicated: Care Act to provide States with flexi- S. 578 By Mr. NELSON (for himself and Mr. bility in determining the size of em- THUNE): At the request of Mr. SCHUMER, the ployers in the small group market. S. Res. 199. A resolution expressing the name of the Senator from North Da- S. 1115 sense of the Senate regarding establishing a kota (Ms. HEITKAMP) was added as a co- At the request of Mrs. FISCHER, the National Strategic Agenda; to the Com- sponsor of S. 578, a bill to amend title name of the Senator from Wisconsin mittee on Homeland Security and Govern- XVIII of the Social Security Act to en- (Mr. JOHNSON) was added as a cosponsor mental Affairs. sure more timely access to home of S. 1115, a bill to close out expired, By Mrs. FEINSTEIN (for herself, Mr. health services for Medicare bene- KIRK, Mr. DURBIN, Mrs. BOXER, Mr. empty grant accounts. ficiaries under the Medicare program. CARDIN, and Mr. MENENDEZ): S. 1121 At the request of Ms. COLLINS, the S. Res. 200. A resolution wishing His Holi- At the request of Ms. AYOTTE, the name of the Senator from Kansas (Mr. ness the 14th Dalai Lama a happy 80th birth- name of the Senator from Nevada (Mr. day on July 6, 2015, and recognizing the out- MORAN) was added as a cosponsor of S. REID) was added as a cosponsor of S. standing contributions His Holiness has 578, supra. made to the promotion of nonviolence, 1121, a bill to amend the Horse Protec- S. 629 human rights, interfaith dialogue, environ- tion Act to designate additional unlaw- mental awareness, and democracy; to the At the request of Mr. PORTMAN, the ful acts under the Act, strengthen pen- Committee on the Judiciary. name of the Senator from North Caro- alties for violations of the Act, im- lina (Mr. BURR) was added as a cospon- f prove Department of Agriculture en- sor of S. 629, a bill to enable hospital- forcement of the Act, and for other ADDITIONAL COSPONSORS based nursing programs that are affili- purposes. S. 146 ated with a hospital to maintain pay- S. 1140 At the request of Mr. FLAKE, the ments under the Medicare program to At the request of Mr. BARRASSO, the name of the Senator from Tennessee hospitals for the costs of such pro- names of the Senator from Wisconsin (Mr. ALEXANDER) was added as a co- grams. (Mr. JOHNSON) and the Senator from sponsor of S. 146, a bill to authorize the S. 637 Alabama (Mr. SHELBY) were added as Secretary of the Interior or the Sec- At the request of Mr. CRAPO, the cosponsors of S. 1140, a bill to require retary of Agriculture to enter into name of the Senator from Oklahoma the Secretary of the Army and the Ad- agreements with States and political (Mr. INHOFE) was added as a cosponsor ministrator of the Environmental Pro- subdivisions of States providing for the of S. 637, a bill to amend the Internal tection Agency to propose a regulation continued operation, in whole or in Revenue Code of 1986 to extend and revising the definition of the term part, of public land, units of the Na- modify the railroad track maintenance ‘‘waters of the United States’’, and for tional Park System, units of the Na- credit. other purposes. ASSE tional Wildlife Refuge System, and S. 682 At the request of Mr. S , his name was added as a cosponsor of S. units of the National Forest System in At the request of Mr. DONNELLY, the 1140, supra. the State during any period in which name of the Senator from Indiana (Mr. S. 1170 the Secretary of the Interior or the COATS) was added as a cosponsor of S. Secretary of Agriculture is unable to 682, a bill to amend the Truth in Lend- At the request of Mrs. FEINSTEIN, the maintain normal level of operations at ing Act to modify the definitions of a names of the Senator from New Hamp- the units due to a lapse in appropria- mortgage originator and a high-cost shire (Mrs. SHAHEEN) and the Senator from Hawaii (Mr. SCHATZ) were added tions, and for other purposes. mortgage. S. 280 as cosponsors of S. 1170, a bill to amend S. 843 title 39, United States Code, to extend At the request of Mr. PORTMAN, the At the request of Mr. BROWN, the the authority of the United States name of the Senator from Virginia (Mr. name of the Senator from North Da- Postal Service to issue a semipostal to WARNER) was added as a cosponsor of S. kota (Ms. HEITKAMP) was added as a co- raise funds for breast cancer research, 280, a bill to improve the efficiency, sponsor of S. 843, a bill to amend title and for other purposes. management, and interagency coordi- XVIII of the Social Security Act to S. 1178 nation of the Federal permitting proc- count a period of receipt of outpatient At the request of Mr. FLAKE, the ess through reforms overseen by the observation services in a hospital to- name of the Senator from Utah (Mr. Director of the Office of Management ward satisfying the 3-day inpatient HATCH) was added as a cosponsor of S. and Budget, and for other purposes. hospital requirement for coverage of 1178, a bill to prohibit implementation S. 299 skilled nursing facility services under of a proposed rule relating to the defi- At the request of Mr. FLAKE, the Medicare. nition of the term ‘‘waters of the names of the Senator from Connecticut S. 890 United States’’ under the Clean Water (Mr. BLUMENTHAL) and the Senator At the request of Ms. CANTWELL, the Act, or any substantially similar rule, from Washington (Ms. CANTWELL) were name of the Senator from California until a Supplemental Scientific Review added as cosponsors of S. 299, a bill to (Mrs. FEINSTEIN) was added as a co- Panel and Ephemeral and Intermittent allow travel between the United States sponsor of S. 890, a bill to amend title Streams Advisory Committee produce and Cuba. 54, United States Code, to provide con- certain reports, and for other purposes. S. 488 sistent and reliable authority for, and S. 1182 At the request of Mr. SCHUMER, the for the funding of, the Land and Water At the request of Mr. BLUNT, the name of the Senator from North Da- Conservation Fund to maximize the ef- names of the Senator from Maryland

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S. 1214 H.R. 1735, an act to authorize appro- There being no objection, the text of At the request of Mr. MENENDEZ, the priations for fiscal year 2016 for mili- the bill was ordered to be printed in name of the Senator from New Mexico tary activities of the Department of the RECORD, as follows: (Mr. UDALL) was added as a cosponsor Defense, for military construction, and S. 1552 of S. 1214, a bill to prevent human for defense activities of the Depart- Be it enacted by the Senate and House of Rep- health threats posed by the consump- ment of Energy, to prescribe military resentatives of the United States of America in tion of equines raised in the United personnel strengths for such fiscal Congress assembled, States. year, and for other purposes. SECTION 1. SHORT TITLE. S. 1239 AMENDMENT NO. 1605 This Act may be cited as the ‘‘Clean Water At the request of Mr. DONNELLY, the At the request of Mr. COTTON, the for Rural Communities Act’’. name of the Senator from Nebraska name of the Senator from Nebraska SEC. 2. PURPOSE. (Mr. SASSE) was added as a cosponsor (Mr. SASSE) was added as a cosponsor The purpose of this Act is to ensure a safe of S. 1239, a bill to amend the Clean Air of amendment No. 1605 intended to be and adequate municipal, rural, and indus- Act with respect to the ethanol waiver trial water supply for the citizens of— proposed to H.R. 1735, an act to author- (1) Dawson, Garfield, McCone, Prairie, for the Reid vapor pressure limitations ize appropriations for fiscal year 2016 Richland, Judith Basin, Wheatland, Golden under that Act. for military activities of the Depart- Valley, Fergus, Yellowstone, and Musselshell S. 1476 ment of Defense, for military construc- Counties in the State of Montana; and At the request of Mrs. BOXER, the tion, and for defense activities of the (2) McKenzie County, North Dakota. name of the Senator from Maryland Department of Energy, to prescribe SEC. 3. DEFINITIONS. (Ms. MIKULSKI) was added as a cospon- military personnel strengths for such In this Act: sor of S. 1476, a bill to require States to fiscal year, and for other purposes. (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the report to the Attorney General certain AMENDMENT NO. 1771 Western Area Power Administration. information regarding shooting inci- ANDERS At the request of Mr. S , the (2) AUTHORITY.—The term ‘‘Authority’’ dents involving law enforcement offi- names of the Senator from Vermont means— cers, and for other purposes. (Mr. LEAHY), the Senator from Min- (A) in the case of the Dry-Redwater Re- S. 1495 nesota (Mr. FRANKEN) and the Senator gional Water Authority System— At the request of Mr. TOOMEY, the from Michigan (Ms. STABENOW) were (i) the Dry-Redwater Regional Water Au- name of the Senator from Georgia (Mr. added as cosponsors of amendment No. thority, which is a publicly owned nonprofit PERDUE) was added as a cosponsor of S. 1771 intended to be proposed to H.R. water authority formed in accordance with 1495, a bill to curtail the use of changes 1735, an act to authorize appropriations Mont. Code Ann. § 75–6–302 (2007); and (ii) any nonprofit successor entity to the in mandatory programs affecting the for fiscal year 2016 for military activi- Authority described in clause (i); and Crime Victims Fund to inflate spend- ties of the Department of Defense, for (B) in the case of the Musselshell-Judith ing. military construction, and for defense Rural Water System— AMENDMENT NO. 1473 activities of the Department of Energy, (i) the Central Montana Regional Water At the request of Mr. VITTER, the to prescribe military personnel Authority, which is a publicly owned non- name of the Senator from Kansas (Mr. strengths for such fiscal year, and for profit water authority formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and MORAN) was added as a cosponsor of other purposes. (ii) any nonprofit successor entity to the amendment No. 1473 proposed to H.R. AMENDMENT NO. 1783 Authority described in clause (i). 1735, an act to authorize appropriations At the request of Mr. BLUNT, his (3) DRY-REDWATER REGIONAL WATER AU- for fiscal year 2016 for military activi- name was added as a cosponsor of THORITY SYSTEM.—The term ‘‘Dry-Redwater ties of the Department of Defense, for amendment No. 1783 intended to be pro- Regional Water Authority System’’ means military construction, and for defense posed to H.R. 1735, an act to authorize the Dry-Redwater Regional Water Authority activities of the Department of Energy, appropriations for fiscal year 2016 for System authorized under section 4(a)(1) with to prescribe military personnel military activities of the Department a project service area that includes— strengths for such fiscal year, and for (A) Garfield and McCone Counties in the of Defense, for military construction, State; other purposes. and for defense activities of the De- (B) the area west of the Yellowstone River AMENDMENT NO. 1559 partment of Energy, to prescribe mili- in Dawson and Richland Counties in the At the request of Mr. DURBIN, the tary personnel strengths for such fiscal State; name of the Senator from Oregon (Mr. year, and for other purposes. (C) T. 15 N. (including the area north of the MERKLEY) was added as a cosponsor of AMENDMENT NO. 1987 Township) in Prairie County in the State; and amendment No. 1559 proposed to H.R. At the request of Mr. MURPHY, the (D) the portion of McKenzie County, North 1735, an act to authorize appropriations name of the Senator from Kentucky for fiscal year 2016 for military activi- Dakota, that includes all land that is located (Mr. PAUL) was added as a cosponsor of west of the Yellowstone River in the State of ties of the Department of Defense, for amendment No. 1987 intended to be pro- North Dakota. military construction, and for defense posed to H.R. 1735, an act to authorize (4) INTEGRATED SYSTEM.—The term ‘‘inte- activities of the Department of Energy, appropriations for fiscal year 2016 for grated system’’ means the transmission sys- to prescribe military personnel military activities of the Department tem owned by the Western Area Power Ad- strengths for such fiscal year, and for of Defense, for military construction, ministration Basin Electric Power District other purposes. and for defense activities of the De- and the Heartland Consumers Power Dis- trict. AMENDMENT NO. 1567 partment of Energy, to prescribe mili- (5) MUSSELSHELL-JUDITH RURAL WATER SYS- YOTTE At the request of Ms. A , the tary personnel strengths for such fiscal TEM.—The term ‘‘Musselshell-Judith Rural name of the Senator from Florida (Mr. year, and for other purposes. Water System’’ means the Musselshell-Ju- RUBIO) was added as a cosponsor of f dith Rural Water System authorized under amendment No. 1567 intended to be pro- section 4(a)(2) with a project service area posed to H.R. 1735, an act to authorize STATEMENTS ON INTRODUCED that includes— appropriations for fiscal year 2016 for BILLS AND JOINT RESOLUTIONS (A) Judith Basin, Wheatland, Golden Val- military activities of the Department By Mr. DAINES: ley, and Musselshell Counties in the State; of Defense, for military construction, S. 1552. A bill to authorize the Dry- (B) the portion of Yellowstone County in the State within 2 miles of State Highway 3 and for defense activities of the De- Redwater Regional Water Authority and within 4 miles of the county line be- partment of Energy, to prescribe mili- System and the Musselshell-Judith tween Golden Valley and Yellowstone Coun- tary personnel strengths for such fiscal Rural Water System in the State of ties in the State, inclusive of the Town of year, and for other purposes. Montana, and for other purposes; to Broadview, Montana; and

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(C) the portion of Fergus County in the (iii) pumping stations; (A) IN GENERAL.—If power, in addition to State within 2 miles of US Highway 87 and (iv) appurtenant buildings, maintenance that made available to the Dry-Redwater Re- within 4 miles of the county line between equipment, and access roads; gional Water Authority System under para- Fergus and Judith Basin Counties in the (v) any interconnection facility that con- graph (1), is necessary to meet the pumping State, inclusive of the Town of Moore, Mon- nects a pipeline of the Water System to a requirements of the Dry-Redwater Regional tana. pipeline of a public water system; Water Authority, the Administrator may (6) NON-FEDERAL DISTRIBUTION SYSTEM.— (vi) electrical power transmission and dis- purchase the necessary additional power at The term ‘‘non-Federal distribution system’’ tribution facilities required for the operation the best available rate. means a non-Federal utility that provides and maintenance of the Water System; (B) REIMBURSEMENT.—The cost of pur- electricity to the counties covered by the (vii) any other facility or service required chasing additional power shall be reimbursed Dry-Redwater Regional Water Authority for the development of a rural water dis- to the Administrator by the Dry-Redwater System. tribution system, as determined by the Sec- Regional Water Authority. (7) PICK-SLOAN PROGRAM.—The term ‘‘Pick- retary; and (5) RESPONSIBILITY FOR POWER CHARGES.— Sloan program’’ means the Pick-Sloan Mis- (viii) any property or property right re- The Dry-Redwater Regional Water Authority souri River Basin Program (authorized by quired for the construction or operation of a shall be responsible for the payment of the section 9 of the Act of December 22, 1944 facility described in this subsection. power charge described in paragraph (4) and (commonly known as the ‘‘Flood Control Act (B) ADDITIONAL USES.—In addition to the non-Federal delivery costs described in para- of 1944’’) (58 Stat. 891, chapter 665)). uses described in subparagraph (A)— graph (6). (8) SECRETARY.—The term ‘‘Secretary’’ (i) the Dry-Redwater Regional Water Au- (6) TRANSMISSION ARRANGEMENTS.— means the Secretary of the Interior. thority System may use Federal funds made (A) IN GENERAL.—The Dry-Redwater Re- (9) STATE.—The term ‘‘State’’ means the available to carry out this section for— gional Water Authority System shall be re- State of Montana. (I) facilities relating to water intake; and sponsible for all non-Federal transmission (10) WATER SYSTEM.—The term ‘‘Water Sys- (II) distribution, pumping, and storage fa- and distribution system delivery and service tem’’ means— cilities that— arrangements. (A) the Dry-Redwater Regional Water Au- (aa) serve the needs of citizens who use (B) UPGRADES.—The Dry-Redwater Re- thority System; and public water systems; gional Water Authority System shall be re- (B) the Musselshell-Judith Rural Water (bb) are in existence on the date of enact- sponsible for funding any transmission up- System. ment of this Act; and grades, if required, to the integrated system SEC. 4. DRY-REDWATER REGIONAL WATER AU- (cc) may be purchased, improved, and re- necessary to deliver power to the Dry- THORITY SYSTEM AND paired in accordance with a cooperative Redwater Regional Water Authority System. MUSSELSHELL-JUDITH RURAL agreement entered into by the Secretary WATER SYSTEM. under subsection (b); and SEC. 6. WATER RIGHTS. (a) AUTHORIZATION.—The Secretary may (ii) the Musselshell-Judith Rural Water Nothing in this Act— carry out— System may use Federal funds made avail- (1) preempts or affects any State water (1) the project entitled the ‘‘Dry-Redwater able to carry out this section for— law; or Regional Water Authority System’’ in a (I) facilities relating to— (2) affects any authority of a State, as in manner that is substantially in accordance (aa) water supply wells; and effect on the date of enactment of this Act, with the feasibility study entitled ‘‘Dry- (bb) distribution pipelines; and to manage water resources within that Redwater Regional Water System Feasi- (II) control systems. State. IMITATION bility Study’’ (including revisions of the (C) L .—Federal funds made avail- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. study), which received funding from the Bu- able to carry out this section shall not be reau of Reclamation on September 1, 2010; used for the operation, maintenance, or re- (a) AUTHORIZATION.—There are authorized and placement of the Water Systems. to be appropriated such sums as are nec- (2) the project entitled the ‘‘Musselshell- (D) TITLE.—Title to the Water Systems essary to carry out the planning, design, and Judith Rural Water System’’ in a manner shall be held by the Authority. construction of the Water Systems, substan- tially in accordance with the cost estimate that is substantially in accordance with the SEC. 5. USE OF POWER FROM PICK-SLOAN PRO- feasibility report entitled ‘‘Musselshell-Ju- GRAM BY THE DRY-REDWATER RE- set forth in the applicable feasibility study dith Rural Water System Feasibility Re- GIONAL WATER AUTHORITY SYSTEM. or feasibility report described in section 4(a). port’’ (including any and all revisions of the (a) FINDING.—Congress finds that— (b) COST INDEXING.— report). (1) McCone and Garfield Counties in the (1) IN GENERAL.—The amount authorized to (b) COOPERATIVE AGREEMENT.—The Sec- State were designated as impact counties be appropriated under subsection (a) may be retary shall enter into a cooperative agree- during the period in which the Fort Peck increased or decreased in accordance with ment with the Authority to provide Federal Dam was constructed; and ordinary fluctuations in development costs assistance for the planning, design, and con- (2) as a result of the designation, the Coun- incurred after the applicable date specified struction of the Water Systems. ties referred to in paragraph (1) were to re- in paragraph (2), as indicated by any avail- (c) COST-SHARING REQUIREMENT.— ceive impact mitigation benefits in accord- able engineering cost indices applicable to (1) FEDERAL SHARE.— ance with the Pick-Sloan program. construction activities that are similar to (A) IN GENERAL.—The Federal share of the (b) AVAILABILITY OF POWER.— the construction of the Water Systems. costs relating to the planning, design, and (1) IN GENERAL.—Subject to paragraph (2), (2) APPLICABLE DATES.—The date referred construction of the Water Systems shall not the Administrator shall make available to to in paragraph (1) is— exceed— the Dry-Redwater Regional Water Authority (A) in the case of the Dry-Redwater Re- (i) in the case of the Dry-Redwater Re- System a quantity of power required, of up gional Water Authority System, January 1, gional Water Authority System— to 11⁄2 megawatt capacity, to meet the pump- 2008; and (I) 75 percent of the total cost of the Dry- ing and incidental operation requirements of (B) in the case of the Musselshell-Judith Redwater Regional Water Authority System; the Dry-Redwater Regional Water Authority Rural Water Authority System, November 1, or System during the period beginning on May 2014. (II) such other lesser amount as may be de- 1 and ending on October 31 of each year— termined by the Secretary, acting through (A) from the water intake facilities; and By Mr. DURBIN (for himself and the Commissioner of Reclamation, in a feasi- (B) through all pumping stations, water Mr. FRANKEN): bility report; or treatment facilities, reservoirs, storage (ii) in the case of the Musselshell-Judith tanks, and pipelines up to the point of deliv- S. 1556. A bill to amend section Rural Water System, 75 percent of the total ery of water by the water supply system to 455(m) of the Higher Education Act of cost of the Musselshell-Judith Rural Water all storage reservoirs and tanks and each en- 1965 in order to allow adjunct faculty System. tity that distributes water at retail to indi- members to qualify for public service (B) LIMITATION.—Amounts made available vidual users. loan forgiveness; to the Committee on under subparagraph (A) shall not be return- (2) ELIGIBILITY.—The Dry-Redwater Re- Health, Education, Labor, and Pen- able or reimbursable under the reclamation gional Water Authority System shall be eli- sions. laws. gible to receive power under paragraph (1) if (2) USE OF FEDERAL FUNDS.— the Dry-Redwater Regional Water Authority Mr. DURBIN. Mr. President, today I (A) GENERAL USES.—Subject to subpara- System— introduced the Adjunct Faculty Loan graphs (B) and (C), the Water Systems may (A) operates on a not-for-profit basis; and Fairness Act, a bill that would enable use Federal funds made available to carry (B) is constructed pursuant to a coopera- faculty working less than full-time to out this section for— tive agreement entered into by the Secretary participate in the Public Service Stu- (i) facilities relating to— under section 4(b). dent Loan Forgiveness Program. (I) water pumping; (3) RATE.—The Administrator shall estab- (II) water treatment; and lish the cost of the power described in para- Contingent faculty members are like (III) water storage; graph (1) at the firm power rate. full-time instructors. They have ad- (ii) transmission pipelines; (4) ADDITIONAL POWER.— vanced degrees. They teach classes and

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Since most ad- Unfortunately, for all their contribu- time status also means they aren’t eli- juncts have advanced degrees and, as tions to the college programs and the gible for the Public Service Loan For- almost 75 percent of graduate degree students they work with, adjunct fac- giveness Program recipients have an average of $61,000 in ulty don’t have the same employment This bill does not completely fix this student loans, they are also among the benefits or job security as their col- growing reliance on part-time profes- 40 million Americans with student leagues. The number of classes they sors who are underpaid and under- debt. teach every semester varies. To make valued. But it would ensure that mem- The Public Service Loan Forgiveness ends meet, these professors often end bers of the contingent faculty work- program is meant to encourage grad- up teaching classes at more than one force are no longer excluded from the uates to go into public service by offer- school in the same semester, getting loan forgiveness program for public ing student loan forgiveness for eligi- paid about $3,000 per class and making servants. I would like to thank my col- ble federal loans after 10 years of full- an average annual income that hovers league, Senator AL FRANKEN from Min- time work in government or the non- around minimum wage. This also nesota for joining me in this effort. I hope my other colleagues will also join profit sector. Public service fields like means that, in some parts of the coun- me to provide this benefit to faculty nursing, military service, and public try, they spend as much time com- members who provide our students health qualify. Many education jobs muting as they do teaching. with a quality education. qualify, including full-time work at Nationally, over half of all higher Mr. President, I ask unanimous con- public universities and part-time work education faculty work on a contingent sent that the text of the bill be printed at community colleges in high-needs basis, facing low pay with little or no in the RECORD. subject areas or areas of shortage. But benefits or job security. In the past, There being no objection, the text of other faculty members, those who these were a minority of professors the bill was ordered to be printed in work part-time, are not eligible for who were hired to teach an occasional the RECORD, as follows: loan forgiveness because the law re- class because they could bring experi- S. 1556 quires an annual average of 30 hours ence to the classroom in a specific field Be it enacted by the Senate and House of Rep- per week to qualify for the program. or industry. Over time, as university resentatives of the United States of America in For adjunct faculty working at several budgets have tightened and it has got- Congress assembled, schools on a contingent basis, this re- ten more expensive to hire full-time, SECTION 1. SHORT TITLE. quirement can be difficult or impos- tenure track professors, higher edu- This Act may be cited as the ‘‘Adjunct sible to meet, even when they are put- cation institutions have increasingly Faculty Loan Fairness Act of 2015’’. ting in more than 30 hours of work hired adjuncts. SEC. 2. LOAN FORGIVENESS FOR ADJUNCT FAC- From 1991 to 2011, the number of ULTY. each week. Section 455(m)(3)(B)(ii) of the Higher Edu- The number of faculty hours given part-time faculty in the U.S. increased cation Act of 1965 (20 U.S.C. for each class is calculated differently two and a half times from 291,000 to 1087e(m)(3)(B)(ii)) is amended— at different schools. Some give one over 760,000. At the same time, the per- (1) by striking ‘‘teaching as’’ and inserting hour per hour in the classroom while centage of professors holding tenure- the following: ‘‘teaching— others actually take into consideration track positions has been steadily de- ‘‘(I) as’’; the time required outside the class- creasing—from 45 percent of all in- (2) by striking ‘‘, foreign language faculty, room. So, even as these faculty mem- structors in 1975 to only 24 percent in and part-time faculty at community col- leges), as determined by the Secretary.’’ and bers are working hard and as their op- 2011. The number of full-time instruc- inserting ‘‘and foreign language faculty), as tions for tenured, full-time positions tors, tenured and non-tenured, now determined by the Secretary; or’’; and become slimmer, more of them are makes up only about 50 percent of pro- (3) by adding at the end the following: overworked and undervalued for their fessors on U.S. campuses. The other 50 ‘‘(II) as a part-time faculty member or in- work in public service. percent of the 1.5 million faculty em- structor who— The Adjunct Faculty Loan Fairness ployees at public and non-profit col- ‘‘(aa) teaches not less than 1 course at an Act of 2015 would solve this by amend- leges and universities in the U.S. work institution of higher education (as defined in ing the Higher Education Act to ex- section 101(a)), a postsecondary vocational on a part-time, contingent basis. institution (as defined in section 102(c)), or a pand the definition of a ‘‘public service Illinois colleges rely heavily on ad- Tribal College or University (as defined in job’’ to include a part-time faculty juncts. In 2012, 53 percent of all faculty section 316(b)); and member who teaches at least one at public and not-for-profit colleges ‘‘(bb) is not employed on a full-time basis course at an eligible institution of and universities in the State, more by any other employer.’’. higher education. They would still than 30,400 faculty employees, worked have to meet all the other require- on a part-time basis. This is a 52.6 per- By Mr. DURBIN (for himself, Mr. ments to qualify for the program, in- cent increase in part-time faculty in Il- BLUMENTHAL, Mr. BROWN, Mr. cluding making 120 on-time payments linois compared to a 13 percent in- MARKEY, Mrs. MURRAY, Mr. while employed at a qualifying institu- crease in full-time faculty since 2002. TESTER, and Mr. WHITEHOUSE): tion, and they could not be employed Not surprisingly, in Illinois, 69 per- S. 1557. A bill to amend the Servicemembers Civil Relief Act to ex- full-time elsewhere at the same time. cent of all part-time faculty work in tend the interest rate limitation on This bill would benefit someone like Chicago, where the cost of living is 16 debt entered into during military serv- Alyson, an adjunct professor from Chi- percent higher than the U.S. average. ice to debt incurred during military cago, IL, who graduated with $65,000 in Based on an average payment of $3,000 service to consolidate or refinance stu- student loan debt and, after 10 years of per class an adjunct professor must dent loans incurred before military on-time payments, has over $56,000 left. teach between 17 and 30 classes a year service, and for other purposes; to the Like most adjuncts, Alyson strings to- to pay for rent and utilities in Chicago. Committee on Veterans’ Affairs. gether multiple teaching assignments They would have to teach up to seven Mr. DURBIN. Mr. President, I ask along with part-time work to afford classes to afford groceries for a family unanimous consent that the text of the her monthly living expenses and min- of four and two to four classes per year bill be printed in the RECORD. imum student loan payment. She just to cover student loan payments. There being no objection, the text of comes from a family of educators and Because they are part-time, they are the bill was ordered to be printed in considers teaching her dream job. not eligible for vacation time, paid the RECORD, as follows: Alyson would like to participate in the sick days, or group health-care. So S. 1557 Public Service Loan Forgiveness pro- they would have to teach an additional Be it enacted by the Senate and House of Rep- gram. This bill would ensure that two to three classes to afford family resentatives of the United States of America in Alyson and many thousands like her, coverage from the lowest priced health Congress assembled,

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.023 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4108 CONGRESSIONAL RECORD — SENATE June 11, 2015 SECTION 1. SHORT TITLE. spective on family values—on real fam- who has just had a baby that she can- This Act may be cited as the ‘‘Service- ily values, on the values that really not spend time with her child because member Student Loan Affordability Act of matter to millions of families in this she has to go back to work? This is not 2015’’. country. a family value. That is an insult to SEC. 2. INTEREST RATE LIMITATION ON DEBT EN- TERED INTO DURING MILITARY When a mother gives birth to a baby every mother, every father, and every SERVICE TO CONSOLIDATE OR REFI- and is unable to spend time with that newborn child in this country, and we NANCE STUDENT LOANS INCURRED newborn child during the first weeks have to change that. BEFORE MILITARY SERVICE. and months of that baby’s life because The reality is that the Family and (a) IN GENERAL.—Subsection (a) of section 207 of the Servicemembers Civil Relief Act she does not have the money to stay Medical Leave Act that was signed into (50 U.S.C. App. 527) is amended— home and is forced to go back to work, law in 1993 is totally inadequate. (1) in paragraph (1), by inserting ‘‘ON DEBT which is the case for millions of moth- Today, nearly 8 out of 10 workers in INCURRED BEFORE SERVICE’’ after ‘‘LIMITATION ers in this country, that is not a family this country who are eligible to take TO 6 PERCENT’’; value. Separating a mother from a time off under this law cannot do so be- (2) by redesignating paragraphs (2) and (3) newborn baby for economic reasons is cause they cannot afford to do so, ac- as paragraphs (3) and (4), respectively; not a family value. In fact, that is an cording to the Department of Labor. (3) by inserting after paragraph (1) the fol- attack on everything that a family is Even worse, 40 percent of American lowing new paragraph (2): ‘‘(2) LIMITATION TO 6 PERCENT ON DEBT IN- supposed to stand for. workers are not even eligible to receive CURRED DURING SERVICE TO CONSOLIDATE OR When a wife is diagnosed with cancer this unpaid leave because they work REFINANCE STUDENT LOANS INCURRED BEFORE and her husband cannot get time off of for a company with fewer than 50 em- SERVICE.—An obligation or liability bearing work to take care of her because he ployees. interest at a rate in excess of 6 percent per does not have any family or medical In my view, every worker in this year that is incurred by a servicemember, or leave time or sick leave time, that is country should be guaranteed at least the servicemember and the servicemember’s not a family value. That is an attack 12 weeks of paid family and medical spouse jointly, during military service to on everything that a family is supposed leave, and that is why I am a proud co- consolidate or refinance one or more student loans incurred by the servicemember before to stand for. sponsor of the FAMILY Act, intro- such military service shall not bear an inter- When a husband, wife, and kids, dur- duced by KIRSTEN GILLIBRAND. The est at a rate in excess of 6 percent during the ing the course of an entire year, are FAMILY Act would guarantee employ- period of military service.’’; unable to spend any time on a vaca- ees 12 weeks of paid family and medical (4) in paragraph (3), as redesignated by tion, when they cannot get together in leave to take care of a baby, to help a paragraph (2) of this subsection, by inserting leisure activity, when they cannot family member who is diagnosed with ‘‘or (2)’’ after ‘‘paragraph (1)’’; and relax and spend quality time with each cancer or has some other serious med- (5) in paragraph (4), as so redesignated, by other, that is not a family value. ical condition or to take care of them- striking ‘‘paragraph (2)’’ and inserting Let us be very clear in understanding ‘‘paragraph (3)’’. selves if they become seriously ill. Just (b) IMPLEMENTATION OF LIMITATION.—Sub- that, in fact, in terms of protecting the like Social Security retirement and section (b) of such section is amended— needs of our families, in terms of real disability, it is an insurance program (1) in paragraph (1), by striking ‘‘the inter- family values, in many, many respects that workers would pay into at a price est rate limitation in subsection (a)’’ and in- the United States of America lags be- of about one cup of coffee a week. serting ‘‘an interest rate limitation in para- hind virtually every other major coun- That is not all. We have to make cer- graph (1) or (2) of subsection (a)’’; and try on earth. tain that in this country workers have (2) in paragraph (2)— When you look at other major coun- paid sick time. It is absurd that low- (A) in the paragraph heading, by striking tries, what you find is that the United wage workers in McDonald’s and Burg- ‘‘AS OF DATE OF ORDER TO ACTIVE DUTY’’; and (B) by inserting before the period at the States is the only advanced economy er King and low-wage employees all end the following: ‘‘in the case of an obliga- that does not guarantee its workers over this country who get sick are tion or liability covered by subsection (a)(1), some form of paid family leave, some forced to work because they cannot af- or as of the date the servicemember (or serv- form of paid sick time, some form of ford to take time off. Not only is this icemember and spouse jointly) incurs the ob- paid vacation time. In other words, unfair to the workers, it is also a pub- ligation or liability concerned under sub- when it comes to basic workplace pro- lic health issue. I do not know about section (a)(2)’’. tections and family benefits, workers you, but I am not crazy about the idea (c) STUDENT LOAN DEFINED.—Subsection (d) of such section is amended by adding at the in every other major industrialized of somebody who is sick coming to end the following new paragraph: country in the world get a better deal work and preparing the food that I eat ‘‘(3) STUDENT LOAN.—The term ‘student than our workers here in the United in a restaurant. loan’ means the following: States. That is wrong. That is a trav- That is why I am supporting the ‘‘(A) A Federal student loan made, insured, esty, and that has got to change. Healthy Families Act, introduced by or guaranteed under title IV of the Higher Last place is no place for America. It Senator PATTY MURRAY, which guaran- Education Act of 1965 (20 U.S.C. 1070 et seq.). is time for us to join the rest of the in- tees 7 days of paid sick leave to Amer- ‘‘(B) A private student loan as that term is dustrialized world by showing the peo- ican workers. This bill would benefit 43 defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).’’. ple of this country that we are not just million Americans who today do not a nation that talks about family values have access to paid sick leave, and it By Mr. SANDERS: but that we are a nation that is pre- would create a permanent floor in S. 1564. A bill to require that employ- pared to live up to these ideals by mak- workplaces where employers already ers provide not less than 10 days of paid ing sure that workers in this country provide some paid sick leave. vacation time to eligible employees, have access to paid family leave, paid Last but not least, when we talk and for other purposes; to the Com- sick time, and paid vacations, just like about the disappearing American mid- mittee on Health, Education, Labor, workers in virtually every other major dle class, we are talking about millions and Pensions. country on earth. of American workers working longer Mr. SANDERS. Mr. President, I want Simply stated, it is unacceptable hours for lower wages. We are talking to say a few words about family values. that millions of women in this country about Americans who are overworked, ‘‘Family values’’ is an expression that give birth and are forced back to work underpaid and, in many cases, living has been used for many years by my because they do not have the income to under enormous stress. In my State of Republican colleagues. Generally stay home with their newborn babies. Vermont, I see it every week I am speaking, what they mean by ‘‘family When we talk about family values, home. You talk to people who work not values’’ is opposition to a woman’s what is more important than for moth- one job but who are working two jobs right to choose, opposition to contra- ers and fathers to bond with their ba- or sometimes three jobs in order to ception, opposition to gay rights. I bies at a time when almost every psy- cobble together some income and some happen to strongly disagree with many chologist will tell you those are the health care. of my Republican colleagues on those most important weeks and months of a Here is an amazing irony. Many of us issues. Let me take the opportunity to human being’s life? What kind of fam- can remember in school reading about briefly give a somewhat different per- ily value is it when you tell a woman workers protesting, taking to the

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SUBMITTED RESOLUTIONS In fact, today 85 percent of men who energy to the defense needs of the Na- are working and 66 percent of working tion.’’ Now called the Servicemember women are working more than 40 hours Civil Relief Act, SCRA, this law in- SENATE RESOLUTION 199—EX- a week. In fact, in America today—not cludes such protections as prohibiting PRESSING THE SENSE OF THE widely known but true—our people are the eviction of servicemembers and SENATE REGARDING ESTAB- working the longest hours of any major their dependents from rental or mort- LISHING A NATIONAL STRA- country on Earth, because as real gaged properties and capping the inter- TEGIC AGENDA wages go down, people have to work 50 est at 6 percent on debts incurred prior Mr. NELSON (for himself and Mr. to an individual entering active duty hours or they have to work 60 hours. THUNE) submitted the following resolu- Husbands are working here, and wives military service. tion; which was referred to the Com- are working there—all to cobble to- Despite the SCRA’s importance, en- mittee on Homeland Security and Gov- gether some income in order to provide forcement of this critical law has been ernmental Affairs: found to be inconsistent and subject to for the family. S. RES. 199 Today Americans are working 137 the discretion of our financial regu- Whereas the United States needs its lead- hours a year more than workers in lators. Indeed, misinformation, lapses, ers to pursue policies in the interest of the Japan—and the Japanese are very hard and mistakes that the SCRA was in- United States that are foremost national pri- workers. We are working 260 hours tended to fix continue to persist. More- orities; more than the British and almost 500 over, according to a July 2012 report Whereas the United States faces many fis- hours a year more than French work- from the Government Accountability cal and long-term policy challenges that not ers. Office, ‘‘in 2010, examinations for SCRA only threaten the opportunities, hopes, and That is why I am introducing legisla- compliance occurred in an estimated 26 aspirations of the citizens of the United percent of all [financial] institutions, States, but the overall ability of the United tion today to require employers to pro- States to be a world leader in bringing peace vide at least 10 days of paid vacation to compared with 2007 when about 4 per- and stability around the world; workers in this country. This is al- cent of all institutions were reviewed Whereas the United States needs its lead- ready done in almost every other major for SCRA.’’ ers to unite behind common goals and con- country on Earth. It is one more way Without a change in the law, SCRA crete solutions to create the next generation to demonstrate our commitment to enforcement will continue to be sub- of growth and opportunity; real family values. What we are saying ject to the changing priorities of the fi- Whereas a National Strategic Agenda can provide both a long-term vision and a pri- is that if families are overworked and nancial regulators. Simply put, prioritizing the consumer protection of ority list, oriented around common goals for if husbands and wives do not even have the United States, both of which, as of May the time to spend together with their our servicemembers should not be dis- 2015, do not exist in the Federal Government; kids, what family values are about is cretionary. It should be mandatory, Whereas adopting a National Strategic that at least for 2 weeks a year, people and my legislation ensures that SCRA Agenda would bring a long-term vision to a can come together under a relaxed en- enforcement will be a permanent pri- policymaking process that has become too vironment and enjoy the family. That ority for the Consumer Financial Pro- often dominated by short-term political con- siderations; is a family value that I want to see tection Bureau, CFPB, which Congress created to enforce Federal consumer fi- Whereas a National Strategic Agenda can happen in this country. provide a consistent framework and focus The time is long overdue for us to nancial protection laws. the attention of the Federal Government on start talking about real family values, In 2010, as we were debating the cre- the most urgent problems facing the United not about abortion, not about gay ation of the CFPB, I led the bipartisan States; rights but the values the American effort to ensure it would contain a key Whereas millions of people in the United people want to see inscribed in law to role in protecting servicemembers States are currently seeking employment protect their families. Let us make through the establishment of an Office opportunities to improve their lives and pro- vide a better future for their children; sure every American worker is entitled of Servicemember Affairs. Since that time, the CFPB has coordinated with Whereas, as of May 2015, the Federal debt to paid family and medical leave, paid is higher as a percentage of gross domestic sick time, and guaranteed at least other enforcement agencies and regu- product than at any time since World War II some vacation time. Those are real lators to help servicemembers recover and will be an unsustainable burden on fu- family values. Let’s go forward and millions in relief from unscrupulous ture generations if left unaddressed; make that happen. actors in the financial marketplace. Whereas the Social Security and Medicare With this demonstrated record of suc- benefits that millions of people in the United By Mr. REED (for himself, Mr. cess in protecting our servicemembers, States have earned must be preserved and protected; SCHUMER, Mr. MENENDEZ, Mr. the CFPB is an ideal focal point for en- Whereas a fiscally responsible solution to WARNER, Mr. MERKLEY, Ms. forcement of certain key SCRA provi- secure Social Security and Medicare for fu- WARREN, Mr. BLUMENTHAL, Mr. sions, such as the protections against ture generations is needed now, as waiting FRANKEN, Mr. DURBIN, Mr. default judgments and the maximum longer will further jeopardize the ability to KAINE, and Ms. HIRONO): rate of interest on debts incurred be- preserve and protect these programs; S. 1565. A bill to allow the Bureau of fore military service. Whereas the United States can become en- Consumer Financial Protection to pro- As we take steps to protect our serv- ergy secure by pursuing an all-of-the-above vide greater protection to icemembers, we should do all we can to energy plan that develops more affordable make sure there is a strong watchdog and sustainable domestic energy sources, in- servicemembers; to the Committee on creases energy efficiency, and builds a more Banking, Housing, and Urban Affairs. on the beat that can enforce the pro- reliable and resilient system for energy gen- Mr. REED. Mr. President, today, tections we have put in place. Our leg- eration and transmission; and along with Senators SCHUMER, MENEN- islation is supported by the National Whereas the creation and implementation DEZ, WARNER, MERKLEY, WARREN, Guard Association of the United of a new National Strategic Agenda for the BLUMENTHAL, FRANKEN, DURBIN, KAINE, States, the National Military Family United States will require the participation and HIRONO, I am introducing the Mili- Association, the Military Officers As- of both the legislative and executive branch tary Consumer Protection Act, which sociation of America, Americans for along with agreement by all parties to work together: Now, therefore, be it reinforces our commitment to con- Financial Reform, the Consumer Fed- Resolved, That it is the sense of the Senate sumer protections for servicemembers. eration of America, Consumer Action, that— Our country has a strong tradition of the National Consumer Law Center, (1) the 4 goals of the National Strategic ensuring that our servicemembers are and the U.S. Public Interest Research Agenda are to—

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(A) create 25,000,000 new jobs over the next Resolved, That the Senate— amendment SA 1463 proposed by Mr. MCCAIN 10 years; (1) extends well-wishes to the Dalai Lama to the bill H.R. 1735, supra; which was or- (B) balance the Federal budget by 2030; on his 80th birthday; dered to lie on the table. (C) secure Medicare and Social Security for (2) recognizes the Dalai Lama for a lifelong SA 2010. Mr. SANDERS submitted an the next 75 years; and commitment and outstanding contribution amendment intended to be proposed to (D) make the United States energy secure to the promotion of nonviolence, human amendment SA 1463 proposed by Mr. MCCAIN by 2024; rights, religious tolerance, environmental to the bill H.R. 1735, supra; which was or- (2) the Senate should strive to create, de- awareness, and democracy; and dered to lie on the table. bate, and adopt policy solutions to achieve (3) recognizes the Dalai Lama for using SA 2011. Ms. AYOTTE (for herself, Mr. the 4 goals of the National Strategic Agenda moral authority to promote the concept of PETERS, Mr. RUBIO, Mr. BLUMENTHAL, Mr. to address the national interest and prior- universal responsibility as a guiding tenet GRAHAM, Mrs. GILLIBRAND, Mr. WICKER, Mr. ities represented by the agenda; and for how human beings should treat one an- NELSON, Mrs. FISCHER, Mr. INHOFE, Mr. ROB- (3) in achieving success toward the Na- other and the planet that all human beings ERTS, Mr. BOOZMAN, Mr. BLUNT, Mr. ROUNDS, tional Strategic Agenda, the goal of the Sen- share. Mr. HATCH, and Mr. KIRK) submitted an ate should be to reach solutions through— f amendment intended to be proposed to (A) collaboration, not division; amendment SA 1463 proposed by Mr. MCCAIN (B) mutual respect, not partisan bickering; AMENDMENTS SUBMITTED AND to the bill H.R. 1735, supra; which was or- and PROPOSED dered to lie on the table. (C) a commitment to honor the public duty SA 1997. Mr. INHOFE submitted an amend- SA 2012. Mr. MCCAIN submitted an amend- of the Senate to the United States as a body ment intended to be proposed to amendment ment intended to be proposed to amendment of representatives elected by people across SA 1463 proposed by Mr. MCCAIN to the bill SA 1463 proposed by Mr. MCCAIN to the bill the United States. H.R. 1735, to authorize appropriations for fis- H.R. 1735, supra; which was ordered to lie on f cal year 2016 for military activities of the the table. Department of Defense, for military con- SA 2013. Mr. BLUMENTHAL submitted an SENATE RESOLUTION 200—WISHING amendment intended to be proposed to HIS HOLINESS THE 14TH DALAI struction, and for defense activities of the Department of Energy, to prescribe military amendment SA 1463 proposed by Mr. MCCAIN LAMA A HAPPY 80TH BIRTHDAY personnel strengths for such fiscal year, and to the bill H.R. 1735, supra; which was or- ON JULY 6, 2015, AND RECOG- for other purposes; which was ordered to lie dered to lie on the table. NIZING THE OUTSTANDING CON- on the table. SA 2014. Mr. CASEY (for himself and Mr. TRIBUTIONS HIS HOLINESS HAS SA 1998. Mr. MCCONNELL (for Mr. RUBIO) CORNYN) submitted an amendment intended MADE TO THE PROMOTION OF submitted an amendment intended to be pro- to be proposed to amendment SA 1463 pro- posed to amendment SA 1463 proposed by Mr. posed by Mr. MCCAIN to the bill H.R. 1735, NONVIOLENCE, HUMAN RIGHTS, supra; which was ordered to lie on the table. INTERFAITH DIALOGUE, ENVI- MCCAIN to the bill H.R. 1735, supra; which was ordered to lie on the table. SA 2015. Mr. INHOFE submitted an amend- RONMENTAL AWARENESS, AND SA 1999. Mr. CASSIDY submitted an ment intended to be proposed to amendment DEMOCRACY amendment intended to be proposed to SA 1463 proposed by Mr. MCCAIN to the bill Mrs. FEINSTEIN (for herself, Mr. amendment SA 1463 proposed by Mr. MCCAIN H.R. 1735, supra; which was ordered to lie on the table. KIRK, Mr. DURBIN, Mrs. BOXER, Mr. to the bill H.R. 1735, supra; which was or- CARDIN, and Mr. MENENDEZ) submitted dered to lie on the table. f SA 2000. Mr. MCCAIN submitted an amend- the following resolution; which was re- ment intended to be proposed to amendment TEXT OF AMENDMENTS ferred to the Committee on the Judici- SA 1463 proposed by Mr. MCCAIN to the bill ary: H.R. 1735, supra; which was ordered to lie on SA 1997. Mr. INHOFE submitted an S. RES. 200 the table. amendment intended to be proposed to Whereas, for over 50 years, His Holiness the SA 2001. Mr. PETERS (for himself, Mr. amendment SA 1463 proposed by Mr. 14th Dalai Lama has significantly advanced DAINES, and Mr. TILLIS) submitted an MCCAIN to the bill H.R. 1735, to author- greater understanding, tolerance, harmony, amendment intended to be proposed to ize appropriations for fiscal year 2016 and respect among the religious faiths of the amendment SA 1463 proposed by Mr. MCCAIN for military activities of the Depart- world; to the bill H.R. 1735, supra; which was or- ment of Defense, for military construc- Whereas the Dalai Lama was awarded the dered to lie on the table. tion, and for defense activities of the Nobel Peace Prize in 1989 in recognition of SA 2002. Mr. MCCAIN submitted an amend- ment intended to be proposed to amendment Department of Energy, to prescribe his efforts to seek a peaceful resolution to military personnel strengths for such the situation in Tibet and to promote non- SA 1463 proposed by Mr. MCCAIN to the bill violent methods for resolving conflict; H.R. 1735, supra; which was ordered to lie on fiscal year, and for other purposes; Whereas the Dalai Lama was awarded the the table. which was ordered to lie on the table; SA 2003. Mrs. FISCHER submitted an Congressional Gold Medal in 2007 in recogni- as follows: amendment intended to be proposed to tion of his many enduring and outstanding At the end of subtitle C of title II, add the amendment SA 1463 proposed by Mr. MCCAIN contributions to peace, nonviolence, human to the bill H.R. 1735, supra; which was or- following: rights, and religious understanding; dered to lie on the table. SEC. 236. ASSESSMENT OF EFFECT OF BETTER Whereas the Dalai Lama has led the effort SA 2004. Mr. BROWN (for himself and Mr. BUYING POWER 3.0 INITIATIVE ON to preserve the rich and unique cultural, re- INDEPENDENT RESEARCH AND DE- PORTMAN) submitted an amendment intended VELOPMENT. ligious, historical, and linguistic heritage of to be proposed to amendment SA 1463 pro- the people of Tibet while working to safe- (a) ASSESSMENT OF BETTER BUYING POWER posed by Mr. MCCAIN to the bill H.R. 1735, guard other endangered cultures throughout supra; which was ordered to lie on the table. 3.0.—Not later than 90 days after the date of the world; SA 2005. Mr. COTTON submitted an amend- the enactment of this Act, the Secretary of Whereas the 14th Dalai Lama has devolved ment intended to be proposed to amendment Defense shall submit to the congressional de- the traditional role of the Dalai Lama as the SA 1569 proposed by Mr. BURR (for himself fense committees an assessment of the Bet- political head of the Tibetan government, and Mrs. BOXER) to the amendment SA 1463 ter Buying Power 3.0 initiative and its man- and his own responsibilities within the Cen- proposed by Mr. MCCAIN to the bill H.R. 1735, agement of independent research and devel- tral Tibetan Administration, in favor of the supra; which was ordered to lie on the table. opment activities by contractors of the De- democratically elected leadership of Tibet- SA 2006. Mr. SCHATZ submitted an amend- partment of Defense. ans in exile, while continuing to travel and ment intended to be proposed to amendment (b) ELEMENTS.—The assessment required speak as a spiritual leader for the people of SA 1463 proposed by Mr. MCCAIN to the bill under subsection (a) shall include the fol- Tibet; H.R. 1735, supra; which was ordered to lie on lowing: Whereas the Dalai Lama, together with the table. (1) An assessment of the implementation of leading environmentalists, has been gravely SA 2007. Mr. GRAHAM submitted an Better Buying Power 3.0 and how it balances concerned by the degraded state of the envi- amendment intended to be proposed to the need for management of reimbursement ronment of Tibet and the consumption of the amendment SA 1463 proposed by Mr. MCCAIN of Department contractor independent re- natural resources of Tibet, including fresh- to the bill H.R. 1735, supra; which was or- search and development costs with the need water, because the degradations have impli- dered to lie on the table. to preserve the independence of a contractor cations not only for the people of Tibet, but SA 2008. Mr. GRAHAM submitted an to choose which technologies to pursue in its for the whole of Asia; and amendment intended to be proposed to independent research and development pro- Whereas the people of the United States, amendment SA 1463 proposed by Mr. MCCAIN gram. including Tibetan Americans, have come to to the bill H.R. 1735, supra; which was or- (2) An assessment of the costs, risks and regard the Dalai Lama as a leading figure of dered to lie on the table. benefits of proposed changes to the current moral and religious authority: Now, there- SA 2009. Ms. MIKULSKI submitted an guidelines of the Department for authorizing fore, be it amendment intended to be proposed to independent research and development by

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POINT OF ORDER AGAINST CERTAIN ize appropriations for fiscal year 2016 which the Department authorizes inde- LEGISLATION MODIFYING RESTRIC- for military activities of the Depart- pendent research and development by con- TIONS ON THE USE OF ROCKET EN- tractors of the Department and reimburses GINES FROM THE RUSSIAN FEDERA- ment of Defense, for military construc- such contractors for expenses relating to TION FOR THE EVOLVED EXPEND- tion, and for defense activities of the such independent research and development. ABLE LAUNCH VEHICLE PROGRAM. Department of Energy, to prescribe (a) POINT OF ORDER.—It shall not be in military personnel strengths for such SA 1998. Mr. MCCONNELL (for Mr. order in the Senate to consider any bill, fiscal year, and for other purposes; RUBIO) submitted an amendment in- joint resolution, motion, amendment, which was ordered to lie on the table; tended to be proposed to amendment amendment between the Houses, or con- ference report if the bill, joint resolution, as follows: SA 1463 proposed by Mr. MCCAIN to the motion, amendment, amendment between Strike section 1273 and insert the fol- bill H.R. 1735, to authorize appropria- the Houses, or conference report— lowing: tions for fiscal year 2016 for military (1) would not authorize appropriations for SEC. 1273. SENSE OF CONGRESS AND REPORT ON activities of the Department of De- a fiscal year for military activities of the QATAR FIGHTER AIRCRAFT CAPA- BILITY CONTRIBUTION TO RE- fense, for military construction, and Department of Defense, for military con- GIONAL SAFETY. for defense activities of the Depart- struction, and for defense activities of the (a) SENSE OF CONGRESS.—It is the sense of ment of Energy, to prescribe military Department of Energy; and the Congress that— personnel strengths for such fiscal (2) would modify, amend, or supersede re- (1) the United States should consider, in a strictions on the use of rocket engines de- timely manner, the July 2013 Letter of Re- year, and for other purposes; which was signed or manufactured in the Russian Fed- ordered to lie on the table; as follows: quest from the Government of Qatar for eration for the evolved expendable launch fighter aircraft; On page 475, beginning on line 17, strike vehicle program. (2) the approval of such a sale, if found to ‘‘2035; and’’ and all that follows through ‘‘(E) (b) WAIVER AND APPEAL.—Subsection (a) be in the national interests of the United Implications’’ on line 18 and insert the fol- may be waived or suspended in the Senate States, could contribute to the self-defense lowing: ‘‘2035; only by an affirmative vote of three-fifths of of Qatar, deter the regional ambitions of (D) options to address ship classes that the Members, duly chosen and sworn. An af- Iran, reassure partners and allies of the begin decommissioning prior to 2035, includ- firmative vote of three-fifths of the Members United States commitment to regional secu- ing Ticonderoga-class guided missile cruis- of the Senate, duly chosen and sworn, shall rity, and enhance the strike capability of ers; and be required to sustain an appeal of the ruling fighter aircraft of the Qatar air force; (E) implications of the Chair on a point of order raised under (3) the ability of our regional partners to subsection (a). respond to threatening Iranian military ac- SA 1999. Mr. CASSIDY submitted an Mr. PETERS (for himself, tions in the Gulf, such as closing the Strait amendment intended to be proposed to SA 2001. of Hormuz or launching a ballistic missile amendment SA 1463 proposed by Mr. Mr. DAINES, and Mr. TILLIS) submitted attack, is a critical element of deterring Ira- an amendment intended to be proposed MCCAIN to the bill H.R. 1735, to author- nian aggression and to maintaining security to amendment SA 1463 proposed by Mr. ize appropriations for fiscal year 2016 and stability in the region; MCCAIN to the bill H.R. 1735, to author- (4) the maintenance by Israel of a Quali- for military activities of the Depart- ize appropriations for fiscal year 2016 tative Military Edge (QME) is vital, and due ment of Defense, for military construc- for military activities of the Depart- diligence is essential in thoroughly evalu- tion, and for defense activities of the ment of Defense, for military construc- ating the impact of such a sale as it relates Department of Energy, to prescribe tion, and for defense activities of the to the military capabilities of Israel; and military personnel strengths for such (5) the Department of State should Department of Energy, to prescribe fiscal year, and for other purposes; prioritize its consideration of whether to military personnel strengths for such which was ordered to lie on the table; issue a Letter of Offer and Acceptance, to ad- fiscal year, and for other purposes; as follows: vance the sale of fighter aircraft to the Gov- which was ordered to lie on the table; ernment of Qatar so that key decisions can At the end of subtitle G of title X, add the as follows: be taken regarding the way forward for capa- following: At the end of subtitle C of title V, add the bilities that are critical for security and sta- SEC. 1085. RETENTION OF RECORDS OF REP- following: bility in the Middle East. RIMANDS AND ADMONISHMENTS RE- (b) REPORT.— SEC. 524. REVIEW OF CHARACTERIZATION OR CEIVED BY EMPLOYEES OF THE DE- (1) IN GENERAL.—Not later than 30 days PARTMENT OF VETERANS AFFAIRS. TERMS OF DISCHARGE FROM THE ARMED FORCES OF INDIVIDUALS after the date of the enactment of this Act, (a) IN GENERAL.—Chapter 7 of title 38, WITH MENTAL HEALTH DISORDERS the Secretary of State shall, in consultation United States Code, is amended by adding at ALLEGED TO AFFECT TERMS OF DIS- with the Secretary of Defense, shall submit the end the following new section: CHARGE. to the appropriate committees of Congress a ‘‘§ 714. Record of reprimands and admonish- Section 1553(d) of title 10, United States report on the risks and benefits of the sale of ments Code, is amended by adding at the end the fighter aircraft to Qatar as described in sub- ‘‘If any employee of the Department re- following new paragraph: section (a). ceives a reprimand or admonishment, the ‘‘(3)(A) In addition to the requirements of (2) ELEMENTS.—The report required by Secretary shall retain a copy of such rep- paragraphs (1) and (2), in the case of a former paragraph (1) shall include the followings: rimand or admonishment in the permanent member described in subparagraph (B), the (A) A description of the assumptions re- record of the employee as long as the em- board shall— garding the increase to Qatar air force capa- ployee is employed by the Department.’’. ‘‘(i) review medical evidence of the Sec- bilities as a result of the sale. retary of Veterans Affairs or a civilian (b) CLERICAL AMENDMENT.—The table of (B) A description of the assumptions re- sections at the beginning of such chapter is health care provider that is presented by the garding items described in subparagraph (A) amended by adding at the end the following former member; and as they may impact the preservation by new item: ‘‘(ii) review the case with a rebuttable pre- Israel of a Qualitative Military Edge. sumption in favor of the former member that (C) An estimated timeline for final adju- ‘‘714. Record of reprimands and admonish- post-traumatic stress disorder or traumatic dication of the decision to approve the sale. ments.’’. brain injury materially contributed to the (3) FORM.—The report required by para- circumstances resulting in the discharge of a graph (1) may be submitted in classified or SA 2000. Mr. MCCAIN submitted an lesser characterization. unclassified form. amendment intended to be proposed to ‘‘(B) A former member described in this (4) APPROPRIATE COMMITTEES OF CONGRESS amendment SA 1463 proposed by Mr. subparagraph is a former member described DEFINED.—In this subsection, the term ‘‘ap- MCCAIN to the bill H.R. 1735, to author- in paragraph (1) or a former member whose propriate committees of Congress’’ means— ize appropriations for fiscal year 2016 application for relief is based in whole or in (A) the Committee on Armed Services, the for military activities of the Depart- part on matters relating to post-traumatic Committee on Foreign Relations, and the ment of Defense, for military construc- stress disorder or traumatic brain injury as Committee on Appropriations of the Senate; supporting rationale or as justification for and tion, and for defense activities of the priority consideration whose post-traumatic (B) the Committee on Armed Services, the Department of Energy, to prescribe stress disorder or traumatic brain injury is Committee on Foreign Affairs, and the Com- military personnel strengths for such related to combat or military sexual trauma, mittee on Appropriations of the House of fiscal year, and for other purposes; as determined by the Secretary concerned.’’. Representatives.

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.028 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4112 CONGRESSIONAL RECORD — SENATE June 11, 2015 SA 2003. Mrs. FISCHER submitted an military personnel strengths for such the Department who die overseas in a non- amendment intended to be proposed to fiscal year, and for other purposes; combat area may participate in the dignified amendment SA 1463 proposed by Mr. which was ordered to lie on the table; transfer of the remains of the deceased at Dover Port Mortuary, including through the MCCAIN to the bill H.R. 1735, to author- as follows: actions of appropriate non-governmental or- ize appropriations for fiscal year 2016 On page 29, strike line 9 and insert the fol- ganizations. for military activities of the Depart- lowing: ment of Defense, for military construc- authority regarding a cybersecurity threat; SA 2007. Mr. GRAHAM submitted an tion, and for defense activities of the and amendment intended to be proposed to Department of Energy, to prescribe (iii) communications between a Federal law enforcement entity and a private entity amendment SA 1463 proposed by Mr. military personnel strengths for such regarding a cybersecurity threat; MCCAIN to the bill H.R. 1735, to author- fiscal year, and for other purposes; ize appropriations for fiscal year 2016 which was ordered to lie on the table; SA 2006. Mr. SCHATZ submitted an for military activities of the Depart- as follows: amendment intended to be proposed to ment of Defense, for military construc- At the appropriate place, insert the fol- amendment SA 1463 proposed by Mr. tion, and for defense activities of the lowing: MCCAIN to the bill H.R. 1735, to author- Department of Energy, to prescribe SEC. ll. SBIR PROGRAM ADMINISTRATIVE FEE ize appropriations for fiscal year 2016 military personnel strengths for such EXTENSION. for military activities of the Depart- fiscal year, and for other purposes; Section 9(mm)(1) of the Small Business Act ment of Defense, for military construc- (15 U.S.C. 638(mm)(1)) is amended, in the which was ordered to lie on the table; matter preceding subparagraph (A), by strik- tion, and for defense activities of the as follows: ing ‘‘for the 3 fiscal years beginning after the Department of Energy, to prescribe At the end of subtitle G of title X, add the date of enactment of this subsection’’ and in- military personnel strengths for such following: serting ‘‘until September 30, 2017’’. fiscal year, and for other purposes; SEC. 1085. MILITARY COMPENSATION AND RE- which was ordered to lie on the table; TIREMENT MODERNIZATION COM- SA 2004. Mr. BROWN (for himself and as follows: MISSION. (a) EXTENSION OF COMMISSION.—Section 679 Mr. PORTMAN) submitted an amend- At the end of subtitle C of title VI , add the of the National Defense Authorization Act ment intended to be proposed to following: amendment SA 1463 proposed by Mr. for Fiscal Year 2013 (Public Law 112–239; 126 SEC. 622. POLICIES OF THE DEPARTMENT OF DE- Stat. 1795), as amended by section 1095(b)(6) MCCAIN to the bill H.R. 1735, to author- FENSE ON TRAVEL OF NEXT OF KIN of the National Defense Authorization Act ize appropriations for fiscal year 2016 TO PARTICIPATE IN THE DIGNIFIED TRANSFER OF REMAINS OF MEM- for Fiscal Year 2014 (Public Law 113–66; 127 for military activities of the Depart- BERS OF THE ARMED FORCES AND Stat. 880), is further amended by striking ment of Defense, for military construc- CIVILIAN EMPLOYEES OF THE DE- ‘‘not later than 35 months after the Commis- tion, and for defense activities of the PARTMENT OF DEFENSE WHO DIE sion establishment date’’ and inserting ‘‘on Department of Energy, to prescribe OVERSEAS. October 1, 2016’’. military personnel strengths for such (a) REVIEW OF POLICIES.— (b) FUNDING.—Section 680 of the National (1) IN GENERAL.—The Secretary of Defense Defense Authorization Act for Fiscal Year fiscal year, and for other purposes; shall carry out a review of the current poli- which was ordered to lie on the table; 2013 (126 Stat. 1795), as amended by section cies of the Department of Defense on the 1095(b)(7) of the National Defense Authoriza- as follows: travel for next of kin to participate in the tion Act for Fiscal Year 2014 (127 Stat. 880), At the end of subtitle G of title X, add the dignified transfer of remains of members of is further amended— following: the Armed Forces and civilian employees of (1) in the first sentence, by inserting ‘‘(a) SEC. 1084. SENSE OF SENATE ON THE IMPOR- the Department who die overseas. IN GENERAL.—’’ before ‘‘Of the amounts’’; TANCE OF THE AIR FORCE MINOR- (2) ELEMENTS.—The review required by this (2) in the third sentence, by striking ITY LEADERS PROGRAM. subsection shall include the following: ‘‘under this section’’ and inserting ‘‘under (a) FINDINGS.—The Senate makes the fol- (A) An assessment of the changes to De- this subsection’’; and lowing findings: partment instructions and Federal regula- (3) by adding at the end the following new (1) The Air Force Minority Leaders Pro- tions necessary to provide Government fund- subsection: gram facilitates the development of relation- ed travel to the next of kin to participate in ‘‘(b) ADDITIONAL FUNDING.—Of the amounts ships between the Department of the Air the dignified transfer of remains of members authorized to be appropriated for fiscal year Force and students, teachers, and professors of the Armed Forces and civilian employees 2016 for the Department of Defense by the from historically black colleges and univer- of the Department who die overseas, regard- National Defense Authorization Act for Fis- sities and minority institutions (HBCU/MI) less whether the death occurred in a combat cal Year 2016, $1,800,000 shall be made avail- to contribute to the performance of research area or a non-combat area. able to the Commission to carry out its du- tasks for the Department. (B) An action plan and timeline for making ties under this subtitle. Funds made avail- (2) The Air Force Minority Leaders Pro- the changes described in subparagraph (A). able to the Commission under the preceding gram promotes valuable research for the De- (b) MODIFICATION OF POLICIES.— sentence shall remain available until ex- partment, increases the pipeline of minority (1) IN GENERAL.—Except as provided in pended.’’. scientific talent for professions within the paragraph (2), not later than February 1, Air Force, and strengthens the scientific and 2016, the Secretary of Defense shall take ap- SA 2008. Mr. GRAHAM submitted an educational infrastructure in the minority propriate actions to modify the policies of amendment intended to be proposed to community. the Department in order to provide Govern- (b) SENSE OF SENATE.—It is the sense of the ment funded travel for the next of kin to amendment SA 1463 proposed by Mr. Senate to encourage the Department of the participate in the dignified transfer of re- MCCAIN to the bill H.R. 1735, to author- Air Force and the Air Force Research Lab- mains of members of the Armed Forces and ize appropriations for fiscal year 2016 oratory to continue to invest in the Air civilian employees of the Department of De- for military activities of the Depart- Force Minority Leaders Program by devot- fense who die overseas, regardless whether ment of Defense, for military construc- ing time, personnel, and resources to the the death occurs in a combat area or a non- tion, and for defense activities of the Program in order to meet the critical objec- combat area. Department of Energy, to prescribe tives of the Department with respect to de- (2) EXCEPTION.—The Secretary is not re- military personnel strengths for such fense capabilities, science and technology, quired to modify the policies of the Depart- the future workforce, and other technical ment as described in paragraph (1) if, by not fiscal year, and for other purposes; matters. later than March, 1, 2016, the Secretary cer- which was ordered to lie on the table; tifies, in writing, to the congressional de- as follows: SA 2005. Mr. COTTON submitted an fense committees that such action is not in Strike section 1645 and insert the fol- amendment intended to be proposed to the best interest of the United States. The lowing: amendment SA 1569 proposed by Mr. certification shall include the following: SEC. 1645. ISRAELI COOPERATIVE MISSILE DE- BURR (for himself and Mrs. BOXER) to (A) An assessment and reevaluation by the FENSE PROGRAM CODEVELOPMENT the amendment SA 1463 proposed by Secretary of the rational for excluding the AND POTENTIAL COPRODUCTION. Mr. MCCAIN to the bill H.R. 1735, to au- next of kin from Government funded travel if (a) IN GENERAL.—Except as otherwise pro- thorize appropriations for fiscal year the death of a member of the Armed Forces vided in this section, of the amount author- or civilian employee of the Department over- ized to be appropriated for fiscal year 2016 for 2016 for military activities of the De- seas occurs in a non-combat area. Procurement, Defense-wide, and available partment of Defense, for military con- (B) Recommendations for alternative plans for the Missile Defense Agency, $150,000,000 struction, and for defense activities of to ensure that the next of kin of members of may be provided to the Government of Israel the Department of Energy, to prescribe the Armed Forces and civilian employees of to procure the David’s Sling Weapon System

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.030 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4113 and $15,000,000 for the Arrow 3 Upper Tier In- for military activities of the Depart- tracts for the Department of Defense and terceptor Program, including for co-produc- ment of Defense, for military construc- were debarred or suspended from Federal tion of parts and components in the United tion, and for defense activities of the contracting based on a criminal conviction States by United States industry. Department of Energy, to prescribe for fraud. (b) DISBURSEMENT.— military personnel strengths for such (3) An assessment of the total value of De- (1) IN GENERAL.—Except as provided in partment of Defense contracts entered into paragraph (2), following successful comple- fiscal year, and for other purposes; during the previous five fiscal years with tion of milestones that inform production which was ordered to lie on the table; contractors that have been indicted for, set- decisions and production readiness reviews as follows: tled charges of, been fined by any Federal de- in the research, development, and tech- At the end of subtitle A of title XIV, add partment or agency for, or been convicted of nology agreements for the David’s Sling the following: fraud in connection with any contract or Weapon System and the Arrow 3 Upper Tier SEC. 1409. ADDITIONAL AMOUNT FOR OTHER AU- other transaction entered into with the Fed- Development Program, the Director of the THORIZATIONS, WORKING CAPITAL eral Government. Missile Defense Agency may disburse FUNDS, FOR THE DEFENSE COM- (4) Recommendations by the Inspector amounts available pursuant to subsection (a) MISSARY AGENCY. General of the Department of Defense or on the basis of what is mutually agreed to by (a) ADDITIONAL AMOUNT.—The amount au- other appropriate Department of Defense of- the United States and Israel, on or after the thorized to be appropriated for fiscal year ficial regarding how to penalize contractors date that the United States enters into a bi- 2016 by section 1401 is hereby increased by repeatedly involved in fraud in connection $322,000,000, with the amount of the increase lateral agreement with the Government of with contracts or other transactions entered to be available for working capital funds, De- Israel that, as determined by the Director, into with the Federal Government, including fense Commissary Agency, as specified in the accomplishes the following: an update on implementation by the Depart- funding table in section 4501. (A) Establishes the terms of co-production ment of any previous such recommendations. (b) OFFSET.— of parts and components of the respective (1) O&M, ARMY.—The amount authorized to systems— be appropriated for fiscal year 2016 by sec- SA 2011. Ms. AYOTTE (for herself, (i) in a manner that will minimize non-re- tion 301 is hereby decreased by $53,666,667, Mr. PETERS, Mr. RUBIO, Mr. curring engineering and facilitization ex- with the amount of the decrease to be ap- BLUMENTHAL, Mr. GRAHAM, Mrs. GILLI- penses; and plied to amounts available for operation and BRAND, Mr. WICKER, Mr. NELSON, Mrs. (ii) that ensures that an optimal produc- maintenance, Army, as specified in the fund- FISCHER, Mr. INHOFE, Mr. ROBERTS, Mr. tion share is carried out by United States ing table in section 4301 and achieved by lim- persons. BOOZMAN, Mr. BLUNT, Mr. ROUNDS, Mr. iting excessive and redundant purchases of (B) Ensures that, in the case of coproduc- HATCH, and Mr. KIRK) submitted an spare parts. tion of the David’s Sling Weapon System, a amendment intended to be proposed to (2) O&M, NAVY.—The amount authorized to study is jointly conduced by the Israel Mis- be appropriated for fiscal year 2016 by sec- amendment SA 1463 proposed by Mr. sile Defense Organization and the Missile De- tion 301 is hereby decreased by $53,666,667, MCCAIN to the bill H.R. 1735, to author- fense Agency of the United States as follows: with the amount of the decrease to be ap- ize appropriations for fiscal year 2016 (i) The purpose of the study shall be to de- plied to amounts available for operation and for military activities of the Depart- termine the most effective and efficient maintenance, Navy, as specified in the fund- ment of Defense, for military construc- ways to reach a target of 50 percent produc- ing table in section 4301 and achieved by lim- tion in the United States by the end of the tion, and for defense activities of the iting excessive and redundant purchases of multi-year coproduction plan. Department of Energy, to prescribe spare parts. (ii) The study shall identify and assess, military personnel strengths for such (3) O&M, AIR FORCE.—The amount author- with respect to the process of moving pro- ized to be appropriated for fiscal year 2016 by fiscal year, and for other purposes; duction to the United States— section 301 is hereby decreased by $53,666,666, which was ordered to lie on the table; (I) the best opportunities for United States with the amount of the decrease to be ap- as follows: contractors; plied to amounts available for operation and Strike section 1272 and insert the fol- (II) cost, schedule, and operational risks; maintenance, Air Force, as specified in the lowing: and funding table in section 4301 and achieved by (III) imports required. SEC. 1272. UNITED STATES-ISRAEL ANTI-TUNNEL limiting excessive and redundant purchases COOPERATION. (iii) The study shall be carried out so that of spare parts. (a) FINDINGS.—Congress makes the fol- the results will inform future negotiations (4) GENERALLY.—The aggregate amount lowing findings: on the amendments to the bilateral agree- available for fiscal year 2016 under this divi- (1) Tunnels can be used for criminal pur- ment with regard to United States work sion due to foreign currency fluctuations is poses, such as smuggling drugs, weapons, or share. reduced from the aggregate amount other- humans, or for terrorist or military pur- (C) Establishes a plan for procurement, wise specified in the funding tables in divi- poses, such as launching surprise attacks or using amounts disbursed under this sub- sion D by $151,000,000. detonating explosives underneath civilian or section and based on the Israeli requirement military infrastructure. for the number of interceptors and batteries SA 2010. Mr. SANDERS submitted an (2) Tunnels have been a growing threat on of the respective systems that will be pro- amendment intended to be proposed to the southern border of the United States for cured. amendment SA 1463 proposed by Mr. years. (D) Allows the Director of the Missile De- (3) In the conflict in Gaza in 2014, terrorists fense Agency and the Under Secretary of De- MCCAIN to the bill H.R. 1735, to author- used tunnels to conduct attacks against fense for Acquisition, Technology and Logis- ize appropriations for fiscal year 2016 Israel. tics to establish technical milestones for co- for military activities of the Depart- ment of Defense, for military construc- (b) SENSE OF CONGRESS.—It is the sense of production and procurement of the respec- Congress that— tive systems. tion, and for defense activities of the (1) it is in the national security interests (E) Establishes joint approval processes for Department of Energy, to prescribe of the United States to develop technology third party sales of such systems. military personnel strengths for such to detect and counter tunnels, and the best (2) EXCEPTION FOR LONG LEAD TIME AND fiscal year, and for other purposes; way to do this is to partner with other af- CRITICAL ITEMS.—(A) The Director may make which was ordered to lie on the table; fected countries; a disbursement under paragraph (1) before as follows: (2) the Administration should, on a joint the date that the United States enters into a basis with Israel, carry out research, devel- bilateral agreement described in such para- At the end of subtitle E of title VIII, add the following: opment, test, and evaluation of anti-tunnel graph for long lead time and critical pro- capabilities to detect, map, and neutralize curement items and activities, not to exceed SEC. 884. REPORT ON DEFENSE CONTRACTING FRAUD. underground tunnels that threaten the $90,000,000 for the David’s Sling Weapon Sys- United States or Israel; and tem and $15,000,000 for the Arrow 3 Upper (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, (3) the Administration should use devel- Tier Interceptor Program. the Secretary of Defense shall submit to the oped anti-tunnel capabilities to better pro- (B) Amounts disbursed under subparagraph congressional defense committees a report tect the United States and deployed United (A) shall be considered amounts disbursed on defense contracting fraud. States military personnel. under a bilateral agreement described in (b) ELEMENTS.—The report required under (c) AUTHORITY TO ESTABLISH ANTI-TUNNEL paragraph (1). subsection (a) shall include the following ele- CAPABILITIES PROGRAM WITH ISRAEL.— Ms. MIKULSKI submitted ments: (1) IN GENERAL.—The Secretary of Defense, SA 2009. (1) A summary of fraud-related criminal upon request of the Ministry of Defense of an amendment intended to be proposed convictions and civil judgements or settle- Israel and in consultation with the Secretary to amendment SA 1463 proposed by Mr. ments over the previous five fiscal years. of State and the Director of National Intel- MCCAIN to the bill H.R. 1735, to author- (2) A listing of contractors that within the ligence, is authorized to carry out research, ize appropriations for fiscal year 2016 previous five fiscal years performed con- development, test, and evaluation, on a joint

VerDate Sep 11 2014 02:52 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.026 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4114 CONGRESSIONAL RECORD — SENATE June 11, 2015 basis with Israel, to establish anti-tunnel ca- amendment SA 1463 proposed by Mr. (B) the best way to improve such memo- pabilities to detect, map, and neutralize un- MCCAIN to the bill H.R. 1735, to author- randa and their application; derground tunnels that threaten the United ize appropriations for fiscal year 2016 (C) specific ways in which such memoranda States or Israel. Such authority includes au- for military activities of the Depart- could be used to ensure that the Department thority to construct facilities and install of Homeland Security receives timely access equipment necessary to carry out research, ment of Defense, for military construc- to Federal lands for critical border security development, test, and evaluation so author- tion, and for defense activities of the activities; and ized. Any activities carried out pursuant to Department of Energy, to prescribe (D) the number of agency personnel re- such authority shall be conducted in a man- military personnel strengths for such quired to effectively and efficiently execute ner that appropriately protects sensitive in- fiscal year, and for other purposes; such memoranda; formation and United States and Israel na- which was ordered to lie on the table; (3) a sector-by-sector analysis of the ex- tional security interests. as follows: pected impact of applying the requirements (2) REPORT.—The activities described in under subsection (b) to the entire land bor- At the appropriate place, insert the fol- paragraph (1) and subsection (d) may be car- der of the United States, including— lowing: ried out after the Secretary of Defense sub- (A) an assessment of— mits to the appropriate committees of Con- SEC. ll. BORDER SECURITY ON FEDERAL (i) how border security activities and nat- LANDS ALONG THE SOUTHERN BOR- gress a report setting forth the following: DER. ural, cultural, and historic resources on Fed- (A) A memorandum of agreement between eral and Indian lands would be impacted, in- (a) DEFINITIONS.—In this section: the United States and Israel regarding shar- cluding the potential impact on wildlife, in- (1) FEDERAL LANDS.—The term ‘‘Federal ing of research and development costs for the lands’’ includes all land under the control of cluding endangered species; capabilities described in paragraph (1), and the Secretary concerned that is located— (ii) any actions the Department of Home- any supporting documents. (A) within 100 miles of the international land Security would need to take to mitigate (B) A certification that the memorandum border between the United States and Mex- the impact of border security activities, in- of agreement— ico; and cluding the estimated costs of such actions; (i) requires sharing of costs of projects, in- (B) within the Tucson and Yuma sectors of and cluding in-kind support, between the United United States Border Patrol. (iii) whether lack of access hinders border States and Israel; security; and (2) SECRETARY CONCERNED.—The term ‘‘Sec- (ii) establishes a framework to negotiate retary concerned’’ means— (B) an examination of the impact of pro- the rights to any intellectual property devel- (A) with respect to land under the jurisdic- viding the Department of Homeland Security oped under the memorandum of agreement; tion of the Secretary of Agriculture, the Sec- with increased access to Federal and Indian and retary of Agriculture; and lands located within— (iii) requires the United States Govern- (B) with respect to land under the jurisdic- (i) 25 miles of the United States border; ment to receive quarterly reports on expend- tion of the Secretary of the Interior, the Sec- (ii) 50 miles of the United States border, or iture of funds, if any, by the Government of retary of the Interior. (iii) 100 miles of the United States border; Israel, including a description of what the (b) SUPPORT FOR BORDER SECURITY and funds have been used for, when funds were NEEDS.— (4) a sector-by-sector analysis of— expended, and an identification of entities (1) IN GENERAL.—To achieve border secu- (A) the costs incurred by each Secretary that expended the funds. rity on Federal lands— concerned relating to managing and miti- (d) ASSISTANCE IN CONNECTION WITH PRO- (A) notwithstanding any other provision of gating for illegal border activity on Federal GRAM.— law, the Secretary concerned shall provide lands, including the cost of restoring natural (1) IN GENERAL.—The Secretary of Defense U.S. Customs and Border Protection per- resources that were damaged by illegal bor- is authorized to provide procurement, main- sonnel with immediate access to Federal der activity; tenance, and sustainment assistance to lands for border security activities, includ- (B) the impact of illegal traffic on wildlife, Israel in support of the anti-tunnel capabili- ing— including endangered species and critical ties research, development, test, and evalua- (i) routine motorized patrols; and habitat; and tion activities authorized in subsection (ii) the deployment of communications, (C) the impact of illegal traffic on natural, (c)(1). surveillance, and detection equipment; cultural, and historic resources on Federal (2) REPORT.—Assistance may not be pro- (B) the Secretary concerned may provide lands. vided under paragraph (1) until 15 days after education and training to U.S. Customs and the Secretary submits to the appropriate Border Protection personnel on the natural SA 2013. Mr. BLUMENTHAL sub- committees of Congress a report setting and cultural resources present on individual mitted an amendment intended to be forth a detailed description of the assistance Federal land units; and proposed to amendment SA 1463 pro- to be provided. (C) the security activities described in sub- posed by Mr. MCCAIN to the bill H.R. (3) MATCHING CONTRIBUTION.—Assistance paragraph (A) shall be conducted, to the 1735, to authorize appropriations for may not be provided under this subsection maximum extent practicable, in a manner unless the Government of Israel contributes fiscal year 2016 for military activities that the Secretary of Homeland Security de- an amount not less than the amount of as- of the Department of Defense, for mili- termines will best protect the natural and sistance to be so provided to the program, tary construction, and for defense ac- cultural resources on Federal lands. project, or activity for which the assistance tivities of the Department of Energy, (2) INTERMINGLED STATE AND PRIVATE is to be so provided. LAND.—Paragraph (1) shall not apply to any to prescribe military personnel (e) QUARTERLY REPORTS.—The Secretary of private or State-owned land within the strengths for such fiscal year, and for Defense shall submit to the appropriate com- other purposes; which was ordered to mittees of Congress on a quarterly basis a re- boundaries of Federal lands. port that contains a copy of the most recent (3) SUNSET.—The requirements under this lie on the table; as follows: quarterly report provided by the Govern- subsection shall terminate on the date that At the end of subtitle G of title X, add the ment of Israel to the Department of Defense is 4 years after the date of the enactment of following: pursuant to subsection (c)(2)(B)(iii). this Act. SEC. 1085. ASSISTANCE FOR INDIVIDUALS WHO (f) APPROPRIATE COMMITTEES OF CONGRESS (c) REPORT.—Not later than 90 days before USED POST-9/11 EDUCATIONAL AS- DEFINED.—In this section, the term ‘‘appro- the date on which the requirements under SISTANCE TO PURSUE A PROGRAM priate committees of Congress’’ means— subsection (b) are scheduled to terminate, OF EDUCATION AT AN INSTITUTION (1) the Committee on Armed Services, the the Comptroller General of the United States OF HIGHER LEARNING THAT Committee on Foreign Relations, the Com- shall submit a report to the appropriate con- CLOSED WHILE PURSUING THE PRO- GRAM. mittee on Homeland Security, and the Com- gressional committees that includes— (a) ASSISTANCE.— mittee on Appropriations of the Senate; and (1) an analysis of the effectiveness of the actions taken pursuant to such subsection, (1) IN GENERAL.—Subchapter II of chapter (2) the Committee on Armed Services, the 33 of title 38, United States Code, is amended Committee on Foreign Affairs, the Com- including the impact of such actions on— (A) border security activities; and by inserting after section 3318 the following mittee on Homeland Security, and the Com- new section: mittee on Appropriations of the House of (B) the natural and cultural resources on Representatives. impacted Federal lands; ‘‘§ 3318A. Assistance for individuals who pur- (g) SUNSET.—The authority in this section (2) an assessment of the 2006 Memos of Un- sue programs of education at institutions of to carry out activities described in sub- derstanding between the Department of higher learning that unexpectedly close section (c), and to provide assistance de- Homeland Security, the Department of Agri- ‘‘(a) COVERED INDIVIDUALS.—(1) For pur- scribed in subsection (d), shall expire on the culture, and the Secretary of the Interior re- poses of this section, a covered individual is date that is three years after the date of the garding access to Federal and Indian lands any individual who— enactment of this Act. for border security activities, including— ‘‘(A)(i) pursued a program of education at (A) how such memoranda, as in force on an institution of higher learning with edu- SA 2012. Mr. MCCAIN submitted an the date of the enactment of this Act, im- cational assistance under this chapter and amendment intended to be proposed to pacted border security activities; stopped pursuing such program of education

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.031 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE June 11, 2015 CONGRESSIONAL RECORD — SENATE S4115 because the institution of higher learning a program of education at a new institution At the end of subtitle E of title X, add the closed before such individual could complete of higher learning with educational assist- following: such program of education or because the in- ance under this chapter. SEC. 1049. SENSE OF CONGRESS ON FURTHER dividual anticipated that such institution of ‘‘(2) No individual may receive more than CUTS TO THE NUMBER OF BRIGADE higher learning would close and withdrew three months of monthly stipend under this COMBAT TEAMS OF THE ARMY. from such program not more than 120 days subsection. It is the sense of Congress that— before the date on which such institution of ‘‘(e) NATIONAL TESTS.—In the case of a cov- (1) both the quantity and complexity of na- higher learning actually closed; and ered individual who pursued a program of tional security threats facing the United ‘‘(ii) did not complete such program of edu- education at an institution of higher edu- States have grown in recent years, particu- cation pursuant to a teach-out plan (as de- cation as described in subsection (a)(1) and larly the threat posed by the terrorists of the fined in section 487(f)(2) of the Higher Edu- received educational assistance under sec- self-declared Islamic State of Iraq and the cation Act of 1965 (20 U.S.C. 1094(f)(2))); or tion 3315A of this title for a national test for Levant, and continuing aggression by the ‘‘(B) pursued a program of education with admission to such program of education or Russian Federation; institution of higher learning or for course educational assistance under this chapter at (2) the National Commission on the Future credit at such institution of higher learning, an institution of higher learning that the of the Army is currently assessing the appro- the Secretary shall restore to such covered Secretary determines caused such harm to priate force structure for the Army in light individual the months of entitlement the individual as the Secretary determines of these threats, and is required to report to charged such covered individual pursuant to equity requires that the individual receive Congress on that assessment by February 1, subsection (c) of such section for such edu- relief under this section. 2016; and ‘‘(2) For purposes of this subsection and in cational assistance. (3) in light of these growing threats and ‘‘(f) RELOCATION AND TRAVEL ASSISTANCE.— the case of the closing of an institution of that assessment, the Department of Defense A payment under section 3318 of this title for higher learning, the Secretary may increase should not make further reductions in the pursuit of a program of education at an in- the 120-day period specified in paragraph number of brigade combat teams in the reg- stitution of higher learning as described in (1)(A)(i) if the Secretary determines that ex- ular and reserve components of the Army, subsection (a)(1) of this section shall not be ceptional circumstances regarding such clos- including the Army National Guard, which considered a payment of additional assist- ing justify the increase. would be difficult and costly to reverse and ance under section 3318 of this title for pur- ‘‘(b) RESTORATION OF ENTITLEMENT TO EDU- would have an adverse impact on the ability poses of subsection (d) of such section. CATIONAL ASSISTANCE.—The Secretary shall of the Army to respond to global threats. ‘‘(g) RECOVERY.—In a case of a covered in- restore to each covered individual who used dividual who pursued a program of education educational assistance under this chapter to SA 2015. Mr. INHOFE submitted an at an institution of higher learning as de- pursue a program of education at an institu- scribed in subsection (a)(1), the Secretary amendment intended to be proposed to tion of higher learning— shall seek to recover from the institution of amendment SA 1463 proposed by Mr. ‘‘(1) as described in subparagraph (A) of higher learning the value of— MCCAIN to the bill H.R. 1735, to author- subsection (a)(1) such individual’s entitle- ‘‘(1) the entitlement to educational assist- ize appropriations for fiscal year 2016 ment to educational assistance under this ance restored to the covered individual under for military activities of the Depart- chapter in an amount equal to one month for subsections (b) and (e), if any; each month of educational assistance used ment of Defense, for military construc- ‘‘(2) the entitlement to tutorial assistance by the individual to pursue such program of tion, and for defense activities of the restored to the covered individual under sub- education at such institution of higher Department of Energy, to prescribe section (c), if any; learning; and military personnel strengths for such ‘‘(3) the amount of monthly housing sti- ‘‘(2) as described in subparagraph (B) of fiscal year, and for other purposes; pend paid to the covered individual under such subsection such individual’s entitle- subsection (d)(1), if any; and which was ordered to lie on the table; ment to educational assistance under this ‘‘(4) the additional assistance provided to as follows: chapter in such amount as the Secretary de- the covered individual under section 3318 of At the end of subtitle B of title VII, add termines equity requires. this title for such pursuit, if any. the following: ‘‘(c) RESTORATION OF ENTITLEMENT TO TU- ‘‘(h) INSTITUTION OF HIGHER LEARNING DE- SEC. 832. APPLICABILITY OF EXECUTIVE ORDER TORIAL ASSISTANCE.—In the case of a covered FINED.—In this section, the term ‘institution 13673 ‘‘FAIR PAY AND SAFE WORK- individual described in subsection (a)(1) who of higher learning’ has the meaning given PLACES’’ TO DEPARTMENT OF DE- received benefits under section 3314 of this that term in section 3452 of this title.’’. FENSE CONTRACTORS. title to correct a deficiency of the covered (2) CLERICAL AMENDMENT.—The table of (a) LIMITATION.—The Secretary of Defense individual in a course that was part of the sections at the beginning of chapter 33 of shall limit the application of any acquisition program of education pursued by the covered such title is amended by inserting after the regulations promulgated pursuant to Execu- individual as described in such subsection, item relating to section 3318 the following tive Order 13673 to contractors or sub- the Secretary shall— new item: contractors who have been suspended or ‘‘(1) in a case described in subparagraph (A) debarred under the laws and regulations in of such subsection, restore to such covered ‘‘3318A. Assistance for individuals who pur- effect on May 28, 2015, as a result of a Fed- individual such covered individual’s entitle- sue programs of education at eral labor law violations covered by Execu- ment to benefits under such section in an institutions of higher learning tive Order 13673. amount equal to the amount paid under such that unexpectedly close.’’. (b) COMPLIANCE REQUIREMENTS.—The Sec- section for such correction; and (b) CONSTRUCTION.—Nothing in section retary shall ensure that Department of De- ‘‘(2) in a case described in subparagraph (B) 3318A of such title, as added by subsection fense contractors or subcontractors who are of such subsection, restore to such covered (a)(1), or any other provision of law, shall be not described under subsection (a) are not individual such amount of such covered indi- construed to prohibit the Secretary of Vet- compelled or required to comply with the vidual’s entitlement to benefits under such erans Affairs from restoring entitlement or conditions for contracting eligibility as stat- section as the Secretary determines equity continuing payment under such section be- ed in any acquisition regulations promul- requires. fore promulgating regulations to carry out gated to implement Executive Order 13673. such section. ‘‘(d) CONTINUED PAYMENT OF MONTHLY f HOUSING STIPENDS.—(1) Subject to paragraph (c) RETROACTIVE EFFECTIVE DATE.—Section (2), in the case of a covered individual de- 3318A of such title, as added by subsection NOTICES OF HEARINGS (a), shall apply as if it were enacted on the scribed in subsection (a)(1) who in the case COMMITTEE ON HEALTH, EDUCATION, LABOR, date of the enactment of the Post-9/11 Vet- described in subparagraph (A) of such sub- AND PENSIONS erans Educational Assistance Act of 2008 section was receiving a monthly housing sti- Mr. ALEXANDER. Mr. President, I pend under this chapter while pursuing the (Public Law 110–252). program of education at the institution of would like to announce that the Com- higher learning that closed or who in a case SA 2014. Mr. CASEY (for himself and mittee on Health, Education, Labor, described in subparagraph (B) of such sub- Mr. CORNYN) submitted an amendment and Pensions will meet during the ses- section in which the covered individual was intended to be proposed to amendment sion of the Senate on June 16, 2015, at receiving a monthly housing stipend under SA 1463 proposed by Mr. MCCAIN to the 10 a.m., in room SD–430 of the Dirksen this chapter while pursuing the program of bill H.R. 1735, to authorize appropria- Senate Office Building, to conduct a education and stopped pursuing the program tions for fiscal year 2016 for military hearing entitled ‘‘Achieving the Prom- of education because of the harm caused by activities of the Department of De- ise of Health Information Technology: the institution of higher learning, the Sec- fense, for military construction, and What Can Providers and the U.S. De- retary shall continue to pay to such covered individual such monthly housing stipend for for defense activities of the Depart- partment of Health and Human Serv- the first month beginning after the covered ment of Energy, to prescribe military ices Do To Improve the Electronic individual stopped pursuing such program of personnel strengths for such fiscal Health Record User Experience?’’ education and for each month thereafter year, and for other purposes; which was For further information regarding until the covered individual begins pursuing ordered to lie on the table; as follows: this meeting, please contact Jamie

VerDate Sep 11 2014 04:01 Jun 12, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JN6.031 S11JNPT1 smartinez on DSK4TPTVN1PROD with SENATE S4116 CONGRESSIONAL RECORD — SENATE June 11, 2015 Garden of the committee staff on (202) ation of S. 1568, introduced earlier rived from amounts available for the Human 224–1409. today. Capital Investment Plan. (7) ‘‘Information Technology Systems’’, COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. The $240,000 to be derived from amounts available AND PENSIONS clerk will report the bill by title. The bill clerk read as follows: for the Human Capital Investment Plan. Mr. ALEXANDER. Mr. President, I (8) ‘‘Construction, Minor Projects’’, would like to announce that the Com- A bill (S. 1568) to extend the authorization $3,000,000 to be derived from amounts avail- mittee on Health, Education, Labor, to carry out the replacement of the existing able for minor construction projects at the and Pensions will meet during the ses- medical center of the Department of Vet- staff offices of the Department. erans Affairs in Denver, Colorado, to author- sion of the Senate on June 17, 2015, at (b) TRANSFER OF AMOUNTS AVAILABLE IN ize transfers of amounts to carry out the re- FUNDS.— 10 a.m., in room SD–430 of the Dirksen placement of such medical center, and for Senate Office Building, to conduct a (1) REVOLVING SUPPLY FUND.—Of the unob- other purposes. ligated balances of amounts available in the hearing entitled ‘‘Reauthorizing the There being no objection, the Senate revolving supply fund of the Department Higher Education Act: Evaluating Ac- proceeded to consider the bill. under section 8121 of title 38, United States creditation’s Role in Ensuring Qual- Mr. GARDNER. Mr. President, I Code, the Secretary may transfer $20,030,000 ity.’’ thank Chairman ISAKSON of the Vet- to the appropriations account under the For further information regarding erans’ Affairs Committee for his tire- heading ‘‘Construction, Major Projects’’. this meeting, please contact Jake less work on this legislation and Sen- (2) FRANCHISE FUND.—Of the unobligated balances of amounts available in the Depart- Baker of the committee staff on (202) ator BLUMENTHAL as well as the co- 224–0738. ment of Veterans Affairs Franchise Fund es- sponsor of this legislation tonight, tablished in title I of the Departments of f Senator BENNET, my colleague from Veterans Affairs and Housing and Urban De- Colorado. velopment, and Independent Agencies Appro- AUTHORITY FOR COMMITTEES TO This gives us the breathing room we priations Act, 1997 (Public Law 104–204; 31 MEET need to finish the job in Colorado. We U.S.C. 501 note), the Secretary may transfer COMMITTEE ON ENVIRONMENT AND PUBLIC have more work to do with the Vet- $36,030,000 to the appropriations account WORKS erans’ Administration, but tonight we under the heading ‘‘Construction, Major Projects’’. Mr. VITTER. Mr. President, I ask can begin the process of starting to fin- unanimous consent that the Com- (c) USE OF AMOUNTS AND AVAILABILITY.— ish this job. The amounts transferred under subsections mittee on Environment and Public I ask unanimous consent that the bill (a) and (b) shall— Works be authorized to meet during be read a third time and passed, and (1) be used only to carry out the major the session of the Senate on June 11, the motion to reconsider be laid upon medical facility construction project in Den- 2015, at 9:30 a.m., in room SD–406 of the the table. ver, Colorado, specified in section 2 of the Dirksen Senate Office Building. The PRESIDING OFFICER. Without Construction Authorization and Choice Im- The PRESIDING OFFICER. Without objection, it is so ordered. provement Act (Public Law 114–19); and objection, it is so ordered. The bill (S. 1568) was ordered to be (2) remain available until September 30, 2016. COMMITTEE ON HOMELAND SECURITY AND engrossed for a third reading, was read GOVERNMENTAL AFFAIRS the third time, and passed, as follows: f Mr. VITTER. Mr. President, I ask S. 1568 DEPARTMENT OF HOMELAND SE- unanimous consent that the Com- Be it enacted by the Senate and House of Rep- CURITY INTEROPERABLE COM- mittee on Homeland Security and Gov- resentatives of the United States of America in MUNICATIONS ACT ernmental Affairs be authorized to Congress assembled, meet during the session of the Senate SECTION 1. EXTENSION OF AUTHORIZATION FOR Mr. GARDNER. Mr. President, I ask DEPARTMENT OF VETERANS AF- unanimous consent that the Senate on June 11, 2015, at 10:30 a.m., to con- FAIRS MAJOR MEDICAL FACILITY duct a hearing entitled ‘‘Blowing the PROJECT PREVIOUSLY AUTHOR- proceed to the immediate consider- Whistle on Retaliation: Accounts of IZED. ation of Calendar No. 95, H.R. 615. Current and Former Federal Agency Section 2(a) of the Construction Authoriza- The PRESIDING OFFICER. The Whistleblowers.’’ tion and Choice Improvement Act (Public clerk will report the bill by title. The PRESIDING OFFICER. Without Law 114–19) is amended— The bill clerk read as follows: (1) by striking ‘‘in fiscal year 2015,’’; and objection, it is so ordered. (2) by striking ‘‘$900,000,000’’ and inserting A bill (H.R. 615) to amend the Homeland SELECT COMMITTEE ON INTELLIGENCE ‘‘$1,050,000,000’’. Security Act of 2002 to require the Under Secretary for Management of the Depart- Mr. VITTER. Mr. President, I ask SEC. 2. LIMITED, ONE-TIME AUTHORITY TO ment of Homeland Security to take adminis- unanimous consent that the Select TRANSFER SPECIFIC AMOUNTS TO CARRY OUT MAJOR MEDICAL FACIL- trative action to achieve and maintain inter- Committee on Intelligence be author- ITY PROJECT IN DENVER, COLO- operable communications capabilities among ized to meet during the session of the RADO. the components of the Department of Home- Senate on June 11, 2015, at 2:30 p.m. (a) IN GENERAL.—Of the unobligated bal- land Security, and for other purposes. The PRESIDING OFFICER. Without ances of amounts available to the Depart- There being no objection, the Senate objection, it is so ordered. ment of Veterans Affairs for fiscal year 2015, proceeded to consider the bill, which the Secretary of Veterans Affairs may trans- f fer amounts from the appropriations ac- had been reported from the Committee on Homeland Security and Govern- PRIVILEGES OF THE FLOOR counts under the following headings, in the amounts and from the activities specified, to mental Affairs, with an amendment to Ms. HEITKAMP. Mr. President, I ask the appropriations account under the head- strike all after the enacting clause and unanimous consent that Ryan Nagle, ing ‘‘Construction, Major Projects’’: insert in lieu thereof the following: my State director, be granted floor (1) ‘‘Medical Services’’, $6,494,000 to be de- H.R. 615 privileges for the duration of today’s rived from amounts available for the Human Capital Investment Plan. SECTION 1. SHORT TITLE. session of the Senate. This Act may be cited as the ‘‘Department of The PRESIDING OFFICER. Without (2) ‘‘Medical Support and Compliance’’, $1,611,000 to be derived from amounts avail- Homeland Security Interoperable Communica- objection, it is so ordered. able for the Human Capital Investment Plan. tions Act’’ or the ‘‘DHS Interoperable Commu- f (3) ‘‘Medical Facilities’’, $80,735,000 to be nications Act’’. derived from amounts available for green en- SEC. 2. DEFINITIONS. TO EXTEND THE AUTHORIZATION ergy projects of the Department and human In this Act— TO CARRY OUT THE REPLACE- capital investment plans. (1) the term ‘‘Department’’ means the Depart- MENT OF THE EXISTING MED- (4) ‘‘National Cemetery Administration’’, ment of Homeland Security; ICAL CENTER OF THE DEPART- $60,000 to be derived from amounts available (2) the term ‘‘interoperable communications’’ MENT OF VETERANS AFFAIRS IN for the Human Capital Investment Plan. has the meaning given that term in section DENVER, COLORADO (5) ‘‘General Administration’’, $1,130,000 to 701(d) of the Homeland Security Act of 2002, as be derived from amounts available for the added by section 3; and Mr. GARDNER. Mr. President, I ask Office of the Secretary. (3) the term ‘‘Under Secretary for Manage- unanimous consent that the Senate (6) ‘‘General Operating Expenses, Veterans ment’’ means the Under Secretary for Manage- proceed to the immediate consider- Benefits Administration’’, $670,000 to be de- ment of the Department of Homeland Security.

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Mr. President, I ask RETARY FOR MANAGEMENT. submitted, and every 2 years thereafter for 6 unanimous consent that the junior Section 701 of the Homeland Security Act of years, the Under Secretary for Management Senator from Georgia be authorized to 2002 (6 U.S.C. 341) is amended— shall submit to the Committee on Homeland Se- sign duly enrolled bills or joint resolu- (1) in subsection (a)(4), by inserting before the curity of the House of Representatives and the tions. period at the end the following: ‘‘, including Committee on Homeland Security and Govern- The PRESIDING OFFICER. Without policies and directives to achieve and maintain mental Affairs of the Senate a report on the sta- objection, it is so ordered. interoperable communications among the compo- tus of efforts to implement the strategy required nents of the Department’’; and under section 4(a), including the following: f (2) by adding at the end the following: (1) Progress on each interim milestone referred UNANIMOUS CONSENT AGREE- ‘‘(d) INTEROPERABLE COMMUNICATIONS DE- to in section 4(a)(7) toward achieving and main- MENT—EXECUTIVE CALENDAR FINED.—In this section, the term ‘interoperable taining interoperable communications among communications’ has the meaning given that the components of the Department. Mr. GARDNER. Mr. President, I ask term in section 7303(g) of the Intelligence Re- (2) Information on any policies, directives, unanimous consent that on Monday, form and Terrorism Prevention Act of 2004 (6 guidance, and training established by the Under June 15, at 5 p.m., the Senate proceed U.S.C. 194(g)).’’. Secretary for Management. to Executive Session to the en bloc SEC. 4. STRATEGY. (3) An assessment of the level of compliance, consideration of Executive Calendar (a) IN GENERAL.—Not later than 180 days adoption, and participation among the compo- nents of the Department with the policies, direc- Nos. 131 and 132; that there be 30 min- after the date of enactment of this Act, the utes for debate equally divided in the Under Secretary for Management shall submit tives, guidance, and training established by the to the Committee on Homeland Security of the Under Secretary for Management to achieve and usual form; that upon the use or yield- House of Representatives and the Committee on maintain interoperable communications among ing back of time, the Senate proceed to Homeland Security and Governmental Affairs of the components. vote without intervening action or de- the Senate a strategy, which shall be updated as (4) Information on any additional resources or bate on the nominations in the order necessary, for achieving and maintaining inter- authorities needed by the Under Secretary for listed; that following disposition of the operable communications among the components Management. nominations, the motions to reconsider of the Department, including for daily oper- SEC. 6. APPLICABILITY. be considered made and laid upon the Sections 4 and 5 shall only apply with respect ations, planned events, and emergencies, with table; that no further motions be in corresponding milestones, that includes the fol- to the interoperable communications capabilities lowing: within the Department and components of the order to the nominations; that any (1) An assessment of interoperability gaps in Department to communicate within the Depart- statements related to the nominations radio communications among the components of ment. be printed in the RECORD; and that the the Department, as of the date of enactment of Mr. GARDNER. Mr. President, I ask President be immediately notified of this Act. unanimous consent that the com- the Senate’s action and the Senate (2) Information on efforts and activities, in- mittee-reported substitute be agreed then resume legislative session. cluding current and planned policies, directives, to; the bill, as amended, be read a third The PRESIDING OFFICER. Without and training, of the Department since November objection, it is so ordered. 1, 2012 to achieve and maintain interoperable time and passed, and the motion to re- communications among the components of the consider be considered made and laid f Department, and planned efforts and activities upon the table. ORDERS FOR MONDAY, JUNE 15, of the Department to achieve and maintain such The PRESIDING OFFICER. Without 2015 interoperable communications. objection, it is so ordered. (3) An assessment of obstacles and challenges The committee-reported amendment Mr. GARDNER. Mr. President, I ask to achieving and maintaining interoperable in the nature of a substitute was unanimous consent that when the Sen- communications among the components of the agreed to. ate completes its business today, it ad- Department. The amendment was ordered to be journ until 2 p.m. on Monday, June 15; (4) Information on, and an assessment of, the engrossed, and the bill to be read a that following the prayer and pledge, adequacy of mechanisms available to the Under third time. the morning hour be deemed expired, Secretary for Management to enforce and com- the Journal of proceedings be approved pel compliance with interoperable communica- The bill was read the third time. tions policies and directives of the Department. The bill (H.R. 615), as amended, was to date, and the time for the two lead- (5) Guidance provided to the components of passed. ers be reserved for their use later in the Department to implement interoperable com- f the day; that following leader remarks, munications policies and directives of the De- the Senate be in a period of morning partment. AUTHORIZING THE REPRINTING business for 1 hour, with Senators per- (6) The total amount of funds expended by the OF THE 25TH EDITION OF THE mitted to speak therein for up to 10 Department since November 1, 2012 and pro- POCKET VERSION OF THE minutes each; further, that following jected future expenditures, to achieve interoper- UNITED STATES CONSTITUTION morning business, the Senate then re- able communications, including on equipment, infrastructure, and maintenance. Mr. GARDNER. Mr. President, I ask sume consideration of H.R. 1735; and, (7) Dates upon which Department-wide inter- unanimous consent that the Senate finally, the filing deadline for all first- operability is projected to be achieved for voice, proceed to the consideration of H. Con. degree amendments to both H.R. 1735 data, and video communications, respectively, Res. 54, which is at the desk. and the McCain substitute 1463 be at 4 and interim milestones that correspond to the The PRESIDING OFFICER. The p.m. achievement of each such mode of communica- clerk will report the concurrent resolu- The PRESIDING OFFICER. Without tion. tion by title. objection, it is so ordered. (b) SUPPLEMENTARY MATERIAL.—Together The bill clerk read as follows: with the strategy required under subsection (a), f A concurrent resolution (H. Con. Res. 54) the Under Secretary for Management shall sub- authorizing the reprinting of the 25th edition ADJOURNMENT UNTIL MONDAY, mit to the Committee on Homeland Security of of the pocket version of the United States JUNE 15, 2015, AT 2 P.M. the House of Representatives and the Committee Constitution. on Homeland Security and Governmental Af- Mr. GARDNER. Mr. President, if fairs of the Senate information on— There being no objection, the Senate there is no further business to come be- (1) any intra-agency effort or task force that proceeded to consider the concurrent fore the Senate, I ask unanimous con- has been delegated certain responsibilities by resolution. sent that it stand adjourned under the the Under Secretary for Management relating to Mr. GARDNER. I ask unanimous con- previous order. achieving and maintaining interoperable com- sent that the concurrent resolution be There being no objection, the Senate, munications among the components of the De- agreed to and the motion to reconsider at 6:19 p.m., adjourned until Monday, partment by the dates referred to in subsection be laid upon the table with no inter- (a)(7); and June 15, 2015, at 2 p.m. (2) who, within each such component, is re- vening action or debate. f The PRESIDING OFFICER. Without sponsible for implementing policies and direc- NOMINATIONS tives issued by the Under Secretary for Manage- objection, it is so ordered. ment to so achieve and maintain such interoper- The concurrent resolution (H. Con. Executive nominations received by able communications. Res. 54) was agreed to. the Senate:

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