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, OCTOBER 29, 2015 No. 160 House of Representatives The House met at 9 a.m. and was lic for which it stands, one nation under God, Fortenberry Johnson, E. B. McHenry indivisible, with liberty and justice for all. Foster Johnson, Sam McKinley called to order by the Speaker. Foxx Jolly McMorris f f Frankel (FL) Jones Rodgers Franks (AZ) Jordan McNerney PRAYER CALL OF THE HOUSE Frelinghuysen Joyce McSally Monsignor Donn Heiar, St. John Fudge Kaptur Meadows Mr. TIBERI. Mr. Speaker, pursuant Gabbard Katko Meehan Vianney Catholic Church, Janesville, Gallego Keating Meng Wisconsin, offered the following pray- to clause 7 of rule XX, I move a call of Garamendi Kelly (IL) Messer er: the House. Garrett Kelly (MS) Mica Lord God, You know our needs. You The SPEAKER. Under clause 7(b) of Gibbs Kelly (PA) Miller (FL) rule XX, the Chair confers recognition Gibson Kennedy Miller (MI) have entrusted to us a great nation Gohmert Kildee Moolenaar founded on life and liberty. We stand for that purpose. Goodlatte Kilmer Mooney (WV) before You, ready to fulfill a mission A call of the House was ordered. Gosar Kind Moore that will give glory to Your name and The call was taken by electronic de- Gowdy King (IA) Moulton vice, and the following Members re- Graham King (NY) Mullin ensure the dignity of all humanity. We Granger Kinzinger (IL) Mulvaney plead for Your wisdom. sponded to their names: Graves (GA) Kirkpatrick Murphy (FL) Give us the courage to open our eyes [Roll No. 580] Graves (LA) Kline Murphy (PA) to see. Give us the fortitude to endure Graves (MO) Knight Nadler ANSWERED ‘‘PRESENT’’—421 Grayson Kuster Napolitano when the demands of our office seem Abraham Burgess Cuellar Green, Al Labrador Neal overwhelming. Bless us with prudence Adams Bustos Culberson Green, Gene LaHood Neugebauer when all pathways seem troublesome. Aderholt Butterfield Curbelo (FL) Griffith LaMalfa Newhouse Help us to discern and seek the com- Aguilar Byrne Davis (CA) Grijalva Lamborn Noem Allen Calvert Davis, Danny Grothman Lance Nolan mon good when comfort and expedience Amash Capps Davis, Rodney Guinta Langevin Norcross tempt and beckon. Ashford Capuano DeFazio Guthrie Larsen (WA) Nugent Challenge our minds and steady our Babin Ca´ rdenas DeGette Gutie´rrez Larson (CT) Nunes hand and remind us that all good Barletta Carney Delaney Hahn Latta O’Rourke Barr Carson (IN) DeLauro Hanna Lawrence Olson things come from You. Transform our Barton Carter (GA) DelBene Hardy Lee Palazzo lives, and we will remember that life, Bass Carter (TX) Denham Harper Levin Pallone liberty, and the pursuit of happiness is Beatty Cartwright Dent Harris Lewis Palmer Becerra Castor (FL) DeSantis Hartzler Lieu, Ted Pascrell the greatest work we will perform on Benishek Castro (TX) DeSaulnier Hastings Lipinski Paulsen behalf of all people. Bera Chabot DesJarlais Heck (NV) LoBiondo Pearce Amen. Beyer Chaffetz Deutch Heck (WA) Loebsack Pelosi Bilirakis Chu, Judy Diaz-Balart Hensarling Lofgren Perlmutter f Bishop (GA) Cicilline Dingell Herrera Beutler Long Perry THE JOURNAL Bishop (MI) Clark (MA) Doggett Hice, Jody B. Loudermilk Peters Bishop (UT) Clawson (FL) Dold Higgins Love Peterson The SPEAKER. The Chair has exam- Black Clay Donovan Hill Lowenthal Pingree ined the Journal of the last day’s pro- Blackburn Cleaver Doyle, Michael Himes Lowey Pittenger Blum Clyburn F. Holding Lucas Pitts ceedings and announces to the House Blumenauer Coffman Duckworth Honda Luetkemeyer Pocan his approval thereof. Boehner Cohen Duffy Hoyer Lujan Grisham Poe (TX) Pursuant to clause 1, rule I, the Jour- Bonamici Cole Duncan (SC) Hudson (NM) Poliquin nal stands approved. Bost Collins (GA) Duncan (TN) Huelskamp Luja´ n, Ben Ray Polis Boustany Collins (NY) Ellison Huffman (NM) Pompeo f Boyle, Brendan Comstock Ellmers (NC) Huizenga (MI) Lummis Posey F. Conaway Emmer (MN) Hultgren Lynch Price (NC) PLEDGE OF ALLEGIANCE Brady (PA) Connolly Engel Hunter MacArthur Price, Tom The SPEAKER. Will the gentleman Brady (TX) Conyers Eshoo Hurd (TX) Marchant Quigley from Ohio (Mr. CHABOT) come forward Brat Cook Esty Hurt (VA) Marino Rangel Bridenstine Cooper Farenthold Israel Massie Ratcliffe and lead the House in the Pledge of Al- Brooks (AL) Costa Farr Issa Matsui Reed legiance. Brooks (IN) Costello (PA) Fincher Jackson Lee McCarthy Reichert Mr. CHABOT led the Pledge of Alle- Brown (FL) Courtney Fitzpatrick Jeffries McCaul Renacci giance as follows: Brownley (CA) Cramer Fleischmann Jenkins (KS) McClintock Ribble Buchanan Crawford Fleming Jenkins (WV) McCollum Rice (NY) I pledge allegiance to the Flag of the Buck Crenshaw Flores Johnson (GA) McDermott Rice (SC) United States of America, and to the Repub- Bucshon Crowley Forbes Johnson (OH) McGovern Richmond
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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VerDate Sep 11 2014 23:31 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.000 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE H7336 CONGRESSIONAL RECORD — HOUSE October 29, 2015 Rigell Sewell (AL) Vargas Well, you know, on November 1st, But I am just as grateful to Ms. Roby Sherman Veasey you’re not going to have a job. When PELOSI, Mr. HOYER, Mr. CLYBURN, and Roe (TN) Shimkus Vela Rogers (AL) Shuster Vela´ zquez was the last time you didn’t have a Mr. BECERRA and others for all of the Rogers (KY) Simpson Visclosky job? work that we have done together. Over Rohrabacher Sinema Wagner I thought about it and thought about these last 5 years, we have done an Rokita Sires Walberg Ros-Lehtinen Slaughter it and thought about it. I thought, awful lot of work together. There was Walden well, I had to be 8 or 9 years old be- Roskam Smith (MO) Walker probably more work done across the Ross Smith (NE) Walorski cause I was throwing newspapers back aisle over the last 5 years than in the Rothfus Smith (NJ) Walters, Mimi then and working in my dad’s bar. As a 25 years that I have served in this in- Rouzer Smith (TX) Walz Roybal-Allard Smith (WA) matter of fact, I used to work from 5 stitution. Wasserman a.m. on Saturday morning until 2 p.m. Royce Speier Schultz Now, as much as I enjoy working Ruiz Stefanik Waters, Maxine for $2. Not $2 an hour. $2. with all of you, some of you still could Ruppersberger Stewart Watson Coleman I never thought about growing up as Rush Stivers learn to dress better. You know who Weber (TX) Russell Stutzman the easy way or the hard way. It was you are. I saw one of the culprits, one Webster (FL) Ryan (OH) Swalwell (CA) just the Cincinnati way. Our city takes Welch of the usual suspects who shows up Ryan (WI) Takai Wenstrup its name from the great Roman general here once in a while without a tie. This Salmon Takano Cincinnatus, a farmer who answered Sa´ nchez, Linda Thompson (CA) Westerman morning he didn’t look dressed very T. Thompson (MS) Westmoreland the call of his nation to lead and then well, but he did have a tie on. Whitfield Sanchez, Loretta Thompson (PA) surrendered his power to go back to his I am grateful to the people who work Sanford Thornberry Williams plow. Wilson (SC) in this institution every day, whether Scalise Tiberi For me, it wasn’t a farm. It was a Schakowsky Tipton Wittman it is the Reading Clerks or—you know, Schiff Titus Womack small business. And it wasn’t so much there are a lot of people, thousands of Woodall Schrader Tonko a calling as it was a mission—a mission people, who allow us to do our jobs and Schweikert Torres Yarmuth to strive for a smaller, less costly, and to help make this institution what it Scott (VA) Trott Yoder more accountable Federal Government Scott, Austin Tsongas Yoho is. Whether it is the people you see here in Washington. Scott, David Turner Young (IA) here today or the people in the CAO’s Young (IN) How did we do? Here are some facts. Sensenbrenner Upton office or the Capitol Police or legisla- Serrano Valadao Zeldin For the first time in nearly 20 years, Sessions Van Hollen Zinke we have made some real entitlement tive counsel, there really are thousands NOT VOTING—14 reforms, saving trillions of dollars over of people who really do allow us to do our job. Amodei Hinojosa Payne the long term. Clarke (NY) Maloney, Rooney (FL) We have protected 99 percent of the I am grateful to my staff. Now, you Cummings Carolyn Sarbanes American people from an increase in all know I am a big believer in staff. Edwards Maloney, Sean Wilson (FL) None of us can be what we are without Fattah Meeks Young (AK) their taxes. We are on track to save taxpayers $2.1 trillion over the next 10 a good staff, and I certainly would b 0934 years, the most significant spending re- never have gotten to this job without having built a great team. So I really The SPEAKER pro tempore. On this ductions in modern times. We have am grateful to my staff. As they like to rollcall, 421 Members have recorded banned earmarks altogether. Sorry. say to each other, once you are part of their presence. We have protected this institution. Boehnerland, you are always a part of A quorum is present. We have made it more open to the peo- ple. Every day in this capital city there Boehnerland, and that certainly goes f are hundreds of kids from the toughest for me as well. FAREWELL ADDRESS neighborhoods who are finally getting I am especially grateful to all my a chance at a decent education. constituents and the volunteers over (Mr. BOEHNER asked and was given I am proud of these things, but the the years. That includes a student at permission to address the House for 1 mission is not complete. And the truth Miami University in Oxford, Ohio, in minute.) is it may never be. One thing I came to 1990, who was putting up campaign Mr. BOEHNER. Mr. Speaker, I rise realize over the years that I have been signs for me. His name was PAUL RYAN. today to inform you that I will resign here is that this battle over the size I don’t think he could pronounce my as Speaker of the House effective upon and scope and cost of our government name back in 1990 when he was putting the election of my successor. I will also in Washington has been going on for up yard signs for me. resign as Representative from Ohio’s more than 200 years, and the forces of But, as Cincinnatus understood, Eighth District at the end of this the status quo go to an awful lot of there is a difference between being month. trouble to prevent change from hap- asked to do something and being called I leave with no regrets, no burdens. If pening. to do something. PAUL is being called. anything, I leave the way I started— Real change takes time. Yes, freedom I know he will serve with grace and just a regular guy, humbled by the makes all things possible, but patience with energy, and I want to wish him chance to do a big job. That is what I is what makes all things real. So be- and his family all the best. am most proud of. I am still just me, lieve in the long, slow struggle. Believe 0945 the same guy who came here 25 years in this country’s ability to meet her b ago as a small-business man and spent challenges and to lead the world. And, My colleagues, I have described my all these 25 years trying to just be me. remember, you can’t do a big job alone, life as a chase for the American Dream. Now, sometimes my staff thought I especially this one. That chase began at the bottom of the was too much like me, but it really is So I am grateful to my family, Deb hill, just off the main drag in Reading, the thing I am most proud of. I am the and my two girls. My two girls were 3 Ohio, right outside of Cincinnati. At same regular guy who came here to try and 1 when I first ran for office. Now the top of the hill was a small house to do a good job for my district and my they are a lot older. So they have been with a big family, a shining city in its country. through a lot. You all know what your own right. Before I go, I want to express what an families go through. It is one thing for The hill had twists. The hill had honor it has been to serve with all of us to take the bricks and the boards turns, and even a few tears. Nothing you. The people’s House is, in my view, and everything that gets thrown at us, wrong with that. But let me tell you, it the great embodiment of the American but it is another thing for our families. was just perfect. Dream. Everybody here comes from Their skin isn’t as thick as ours. Never forget, we are the luckiest peo- somewhere, and everybody here is on I am also grateful to all of my col- ple on the Earth. In America, you can some mission. leagues: my fellow leaders, Mr. MCCAR- do anything that you are willing to I come from a part of the world THY and Mr. SCALISE, Ms. MCMORRIS work for, willing to work hard at, and where we are used to working. As far RODGERS; and many on my side of the anything can happen if you are willing back as I can remember, I was working. aisle, our committee chairs, people I to make the necessary sacrifices in My staff was asking me the other day: have worked with for a long time. life.
VerDate Sep 11 2014 23:31 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.001 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE October 29, 2015 CONGRESSIONAL RECORD — HOUSE H7337 If you falter—and you will—you can gentleman from Wisconsin (Mr. RYAN), Are there further nominations? just pick yourself up, dust yourself off, on his nomination by his colleagues. There being no further nominations, and go do it again, because hope always At this time, as chairman of the the Chair appoints the following tell- springs eternal. And if you just do the Democratic Caucus of this House, I ers: right things for the right reasons, good wish to place in nomination the name The gentlewoman from Michigan things will happen. of a proven leader for the Office of (Mrs. MILLER); And this, too, can really happen to Speaker of the House of Representa- The gentleman from Pennsylvania you. tives: (Mr. BRADY); God bless you, and God bless our A leader who has accomplished, in The gentlewoman from Ohio (Ms. great country. this Chamber and for this country, KAPTUR); and f what few can match; The gentlewoman from Florida (Ms. A leader who, as Speaker of this ROS-LEHTINEN). ELECTION OF SPEAKER House, secured passage of landmark The tellers will come forward and The SPEAKER. Pursuant to the economic recovery package legislation take their seats at the desk in front of Speaker’s announcement of October 29, in 2009 which transformed a diving the Speaker’s rostrum. 2015, the Chair will receive nomina- economy, losing 800,000 jobs each The roll will now be called, and those tions for the Office of Speaker. month, to one which has now created responding to their names will indicate The Chair recognizes the gentle- more than 13 million jobs over the last by surname the nominee of their choos- woman from Washington (Mrs. MCMOR- 67 consecutive months of job growth; ing. RIS RODGERS). A leader who, as Speaker, accom- The Reading Clerk will now call the Mrs. MCMORRIS RODGERS. Mr. plished what 70 years of Congresses roll. Speaker, today, in the people’s House, could not, enactment of our lifesaving The tellers having taken their places, it gives me great honor to nominate health security law, which has put 18 the House proceeded to vote for the the people’s Speaker. million more Americans in control of Speaker. You don’t need to look any further their and their children’s health care; The following is the result of the than the architecture of Washington, A leader who had the foresight, in vote: D.C., to see what our Founders envi- 2008, to fight for the biggest invest- [Roll No. 581] sioned. It is not by mistake that the ment in our troops since World War II, RYAN (WI)—236 dome over the Congress is the very cen- with the passage of the Post-9/11 GI ter of the Federal city. The White Abraham Fleming Love Bill, and the largest investment in our Aderholt Flores Lucas House and the Supreme Court are set veterans’ health care and benefits in Allen Forbes Luetkemeyer about us, satellites to the supreme the 77-year history of the VA; Amash Fortenberry Lummis power of the people expressed in this A leader who was not afraid to take Amodei Foxx MacArthur Babin Franks (AZ) Marchant legislative body. on the challenge of fixing our broken Barletta Frelinghuysen Marino In the House, we are eager for a fresh immigration system and secured pas- Barr Garrett McCarthy start that will make us more effective sage of the DREAM Act in 2010. Barton Gibbs McCaul to fulfill our obligation to reflect the Mr. Speaker, leadership is about Benishek Gibson McClintock Bilirakis Goodlatte McHenry will of the people and to reestablish the making the tough choices and getting Bishop (MI) Gowdy McKinley balance of power. things done. It means knowing how to Bishop (UT) Granger McMorris There is no better person to lead us build a majority, not just with the Black Graves (GA) Rodgers Blackburn Graves (LA) McSally in that calling than the man I am members of your own political party, Blum Graves (MO) Meadows about to nominate. He was first elected but with the 435 elected Members of the Boehner Griffith Meehan to the House at the ripe old age of 28, House of Representatives so we can get Bost Grothman Messer and he has served here now for almost things done. This leader understands Boustany Guinta Mica Brady (TX) Guthrie Miller (FL) 17 years. that and knows how to get things done, Bridenstine Hanna Miller (MI) We all remember when he led the even while serving in the minority in Brooks (AL) Hardy Moolenaar House Budget Committee: the vision- this House. Brooks (IN) Harper Mooney (WV) Buchanan Harris Mullin ary proposals, the lengthy debates. And That is why, less than 24 hours ago, Buck Hartzler Mulvaney who could forget those PowerPoints? this leader succeeded in breaking Bucshon Heck (NV) Murphy (PA) He is now the chairman of the House through the gridlock in this House and Burgess Hensarling Neugebauer Ways and Means Committee. But he is secured the votes needed to avert a Byrne Herrera Beutler Newhouse Calvert Hice, Jody B. Noem more than a chairman to us. He is senseless government shutdown and a Carter (GA) Hill Nugent more than a colleague. He is our friend. perilous default on the payment of Carter (TX) Holding Nunes He is a leader. America’s bills. Thanks to this leader, Chabot Hudson Olson Through it all, he has never forgot- Chaffetz Huelskamp Palazzo 16.5 million seniors will not suffer a Coffman Huizenga (MI) Palmer ten his roots. He lives on the same $55-per-month increase in their Medi- Cole Hultgren Paulsen block he grew up on in Janesville, Wis- care premiums and Congress will not Collins (GA) Hunter Pearce consin. There is no place he would cut the Social Security benefits of 11 Collins (NY) Hurd (TX) Perry Comstock Hurt (VA) Pittenger rather be than at home with his fam- million disabled Americans by 20 per- Conaway Issa Pitts ily. cent. Cook Jenkins (KS) Poe (TX) He will continue to put the people of Mr. Speaker, that is leadership, and Costello (PA) Jenkins (WV) Poliquin this country first. And I can say, in all that is what Americans expect from Cramer Johnson (OH) Pompeo Crawford Johnson, Sam Price, Tom candor, he did not seek this office. The those they elect. That is why it is my Crenshaw Jolly Ratcliffe office sought him. privilege, as chairman of the House Culberson Jordan Reed As chair of the House Republican Democratic Caucus and as directed by Curbelo (FL) Joyce Reichert Davis, Rodney Katko Renacci Conference, I am directed by the vote the colleagues of the Democratic Cau- Denham Kelly (MS) Ribble of that Conference to present for elec- cus, to nominate for election to the Of- Dent Kelly (PA) Rice (SC) tion to the Office of Speaker of the fice of Speaker of the House of Rep- DeSantis King (IA) Rigell House of Representatives for the 114th resentatives, from the 12th District of DesJarlais King (NY) Roby Diaz-Balart Kinzinger (IL) Roe (TN) Congress the Representative from the the great State of California, the Hon- Dold Kline Rogers (AL) State of Wisconsin, the man from orable NANCY PATRICIA D’ALESANDRO Donovan Knight Rogers (KY) Janesville, the Honorable PAUL D. PELOSI. Duffy Labrador Rohrabacher Duncan (SC) LaHood Rokita RYAN. The SPEAKER. The names of the Duncan (TN) LaMalfa Rooney (FL) The SPEAKER. The Chair now recog- Honorable PAUL D. RYAN, a Represent- Ellmers (NC) Lamborn Ros-Lehtinen nizes the gentleman from California ative from the State of Wisconsin, and Emmer (MN) Lance Roskam (Mr. BECERRA). the Honorable NANCY PELOSI, a Rep- Farenthold Latta Ross Fincher LoBiondo Rothfus Mr. BECERRA. Mr. Speaker, I offer resentative from the State of Cali- Fitzpatrick Long Rouzer my congratulations to my friend, the fornia, have been placed in nomination. Fleischmann Loudermilk Royce
VerDate Sep 11 2014 23:31 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K29OC7.004 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE H7338 CONGRESSIONAL RECORD — HOUSE October 29, 2015 Russell Stewart Walters, Mimi ANSWERED ‘‘PRESENT’’—0 The Sergeant at Arms announced the Salmon Stivers Wenstrup NOT VOTING—3 Speaker-elect of the House of Rep- Sanford Stutzman Westerman Scalise Thompson (PA) Westmoreland Meeks Ryan (WI) Webster (FL) resentatives of the 114th Congress, who Schweikert Thornberry Whitfield was escorted to the chair by the Com- b 1046 Scott, Austin Tiberi Williams mittee of Escort. Sensenbrenner Tipton Wilson (SC) The SPEAKER. The tellers agree in Sessions Trott Wittman their tallies that the total number of b 1100 Shimkus Turner Womack Shuster Upton Woodall votes cast is 432, of which the Honor- Ms. PELOSI. My dear colleagues of Simpson Valadao Yoder able PAUL D. RYAN of the State of Wis- the 114th Congress of the United Smith (MO) Wagner Young (AK) consin has received 236, the Honorable States, today, as every day, we come to Smith (NE) Walberg Young (IA) NANCY PELOSI of the State of California this floor strengthened and inspired by Smith (NJ) Walden Young (IN) Smith (TX) Walker Zeldin has received 184, the Honorable DANIEL the support of our colleagues, the trust Stefanik Walorski Zinke WEBSTER of the State of Florida has re- of our constituents, and the love of our ceived 9, the Honorable JIM COOPER of families. PELOSI—184 the State of Tennessee has received 1, My special thanks to my husband, Adams Fudge Neal the Honorable JOHN LEWIS of the State Paul; our five children; our nine grand- Aguilar Gabbard Nolan of Georgia has received 1, and the Hon- children; and the entire Pelosi and Ashford Gallego Norcross Bass Garamendi O’Rourke orable Colin Powell has received 1. D’Alesandro families for their support. Beatty Grayson Pallone Therefore, the Honorable PAUL D. My deep gratitude to the people of Becerra Green, Al Pascrell RYAN of the State of Wisconsin, having San Francisco for the continued honor Bera Green, Gene Payne received a majority of the votes cast, is they give me to represent them here. Beyer Grijalva Pelosi duly elected Speaker of the House of Bishop (GA) Gutie´rrez Perlmutter My heartfelt thanks to my Demo- Blumenauer Hahn Peters Representatives. cratic colleagues for extending me the Bonamici Hastings Peterson The Chair appoints the following honor of being nominated to be Speak- Boyle, Brendan Heck (WA) Pingree committee to escort the Speaker-elect F. Higgins er of the House. Thank you, my col- Pocan to the chair: Brady (PA) Himes Polis leagues. Brown (FL) Hinojosa Price (NC) The gentleman from California (Mr. Today, we bid farewell to a Speaker Brownley (CA) Honda Quigley MCCARTHY) who has served his constituents and Bustos Hoyer Rangel The gentlewoman from California this Congress with honor for 25 years, Butterfield Huffman Rice (NY) Capps Israel (Ms. PELOSI) Speaker JOHN BOEHNER. Richmond The gentleman from Louisiana (Mr. Capuano Jackson Lee Roybal-Allard In his story, we are reminded of the Ca´ rdenas Jeffries Ruiz SCALISE) Carney Johnson (GA) enduring, exceptional promise of Amer- Ruppersberger The gentleman from Maryland (Mr. Carson (IN) Johnson, E. B. ica—this hardworking son of an Ohio Rush Cartwright Kaptur HOYER) Ryan (OH) bartender and owner who grew up to be Castor (FL) Keating The gentlewoman from Washington Sa´ nchez, Linda the Speaker of the House of Represent- Castro (TX) Kelly (IL) T. (Mrs. MCMORRIS RODGERS) Chu, Judy Kennedy atives. JOHN BOEHNER talked about the Sanchez, Loretta The gentleman from South Carolina Cicilline Kildee American Dream. JOHN BOEHNER, you Sarbanes Clark (MA) Kilmer (Mr. CLYBURN) Schakowsky are the personification of the American Clarke (NY) Kind The gentleman from Oregon (Mr. Schiff Clay Kirkpatrick Dream. Schrader WALDEN) Cleaver Kuster The gentleman from California (Mr. As you all know, Speaker BOEHNER Clyburn Langevin Scott (VA) was a formidable spokesman for the Scott, David BECERRA) Cohen Larsen (WA) Republican agenda. My Republican col- Connolly Larson (CT) Serrano The gentleman from Indiana (Mr. Sewell (AL) Conyers Lawrence MESSER) leagues, I am sure you know—and I can Sherman Costa Lee The gentleman from New York (Mr. attest—to the fact that he was always Courtney Levin Sires true and loyal to the members of his Crowley Lewis Slaughter CROWLEY) Cuellar Lieu, Ted Smith (WA) The gentlewoman from Kansas (Ms. Conference in any negotiations we ever Cummings Lipinski Speier JENKINS) had. Davis (CA) Loebsack Swalwell (CA) Although we had our differences and Takai The gentleman from New York (Mr. Davis, Danny Lofgren often, I always respected his dedication DeFazio Lowenthal Takano ISRAEL) DeGette Lowey Thompson (CA) The gentlewoman from North Caro- to this House and his commitment to Delaney Lujan Grisham Thompson (MS) lina (Ms. FOXX) his values. Thank you, JOHN, for your DeLauro (NM) Titus The gentleman from New Mexico (Mr. leadership and courage as Speaker. DelBene Luja´ n, Ben Ray Tonko ´ DeSaulnier (NM) Torres BEN RAY LUJAN) Your graciousness as Speaker ex- Deutch Lynch Tsongas The gentlewoman from Missouri tended and was reflected in your staff Dingell Maloney, Van Hollen (Mrs. WAGNER) under the leadership of Mike Sommers, Doggett Carolyn Vargas The gentlewoman from Connecticut whom we all respect. Thank you to Doyle, Michael Maloney, Sean Veasey E AURO F. Matsui Vela (Ms. D L ) JOHN BOEHNER’s staff. Duckworth McCollum Vela´ zquez The gentlewoman from California I know I speak for everyone here, Edwards McDermott Visclosky (Mrs. MIMI WALTERS) Democrats and Republicans, when I Ellison McGovern Walz The gentlewoman from Maryland Engel McNerney Wasserman thank you for making the visit of His (Ms. EDWARDS) Eshoo Meng Schultz Holiness Pope Francis such a beautiful Esty Moore Waters, Maxine The gentleman from Texas (Mr. SES- and meaningful experience for all of us. Farr Moulton Watson Coleman SIONS) Today, we extend our thanks and Fattah Murphy (FL) Welch The gentleman from Maryland (Mr. Wilson (FL) congratulations to Debbie; your daugh- Foster Nadler VAN HOLLEN) Frankel (FL) Napolitano Yarmuth ters, Lindsay and Tricia; and the entire The gentleman from North Carolina Boehner family, now including grand- WEBSTER (FL)—9 (Mr. MCHENRY) son, Allister. And the Members of the Wisconsin Brat Gosar Posey Let’s hear it for the family of JOHN delegation: Clawson (FL) Jones Weber (TX) BOEHNER. Gohmert Massie Yoho Mr. SENSENBRENNER On behalf of House Democrats and Mr. KIND COLIN POWELL—1 Ms. MOORE personally, I wish you and your family Cooper Mr. DUFFY all of God’s blessings in the glorious Mr. RIBBLE years ahead. COOPER—1 Mr. POCAN Last month, we witnessed something Graham Mr. GROTHMAN truly special when Pope Francis made The committee will retire from the history addressing a joint session of LEWIS—1 Chamber to escort the Speaker-elect to Congress. Standing right here, Pope Sinema the chair. Francis called on us to seek hope,
VerDate Sep 11 2014 23:31 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.002 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE October 29, 2015 CONGRESSIONAL RECORD — HOUSE H7339 peace, and dialogue for all people and Before I begin, I would like to thank retake the lead in drafting all major reminded us of our duty to find a way all of my family and friends who flew legislation. If you know the issue, you forward for everyone. ‘‘A good political in from Wisconsin and from all over for should write the bill. leader,’’ His Holiness said, ‘‘is one who, being here today. Let’s open up the process. Let people with the interest of all in mind, seizes In the gallery I have my mom, Betty; participate, and they might change the moment in a spirit of openness and my sister, Janet; my brothers, Stan their mind. A neglected minority will pragmatism.’’ and Tobin; and more cousins than I can gum up the works. A respected minor- Pope Francis echoed the principles of count on a few hands. ity will work in good faith. Instead of our Founders that placed at the heart Most importantly, I want to recog- trying to stop the majority, they of our democracy the saying, ‘‘E nize my wife, Janna; and our children: might try to become the majority. In Pluribus Unum,’’ from many, one. The Liza, Charlie, and Sam. other words, we need to return to reg- Founders could never have imagined I also want to thank Speaker BOEH- ular order. how vast our country would become, NER. For almost 5 years, he led this Now, I know this sounds like process. how diverse and many we would be— House. For nearly 25 years, he served It is actually a matter of principle. We ethnically, gender identities, beliefs, it. Not many people can match his ac- are the body closest to the people. and priorities—but they knew we had complishments, the offices he held, the Every 2 years, we face the voters and to be one. laws he passed. sometimes face the music. But we do Every day in this House and across But what really sets JOHN apart is he not echo the people; we represent the the country we pledge allegiance to one is a man of character, a true class act. people. We are supposed to study up nation under God, indivisible, with lib- He is, without question, the gentleman and do the homework that they cannot erty and justice for all. from Ohio. So please join me in saying do. So when we do not follow regular This is the beauty of America, that one last time, ‘‘Thank you, Speaker order, when we rush to pass bills that a for all of our honest differences, per- BOEHNER.’’ lot of us don’t understand, we are not spectives, and priorities aired and ar- Now I know how he felt. It is not doing our job. Only a fully functioning gued so passionately on this floor, we until you hold this gavel, stand in this House can truly represent the people; are committed to being one nation. De- spot, look out and see all 435 Members and if there were ever a time for us to spite our differences—in fact, respect- of this House, as if all America is sit- step up, this would be that time. ing them—I look forward to a clear de- ting right in front of you—it is not America does not feel strong any- bate in this marketplace of ideas, the until then that you feel it, the weight more because the working people of people’s House of Representatives. of responsibility and the gravity of the America do not feel strong anymore. I So, my fellow colleagues, we have a am talking about the people who mind responsibility to act upon our shared moment. the store and grow the food and walk faith in the greatness of our country. As I stand here, I can’t help but the beat and pay the taxes and raise We have a responsibility to be worthy think of something Harry Truman once the family. They do not sit in this of the sacrifices of our troops, our vet- said. The day after Franklin Roosevelt House. They do not have fancy titles, erans, and our military families. We died, Truman became President. He but they are the people who make this have a responsibility to make real the told a group of reporters, ‘‘If you ever country work, and this House should promise of the American Dream for all. pray, pray for me now.’’ There is important work before the When they told me yesterday what work for them. Here is the problem. They are work- Congress. We must do more to promote had happened, I felt like the Moon, the ing hard. They are paying a lot. They growth, decrease the deficit, create stars, and all the planets had fallen on are trying to do right by their families, good-paying jobs, and increase the pay- me. We should all feel that way. A lot and they are going nowhere fast. They checks of America’s working families. is on our shoulders. So if you ever pray, Today, in this House, a page is let’s pray for each other, Republicans never get a raise. They never get a turned. A new chapter has begun. for Democrats and Democrats for Re- break. The bills keep piling up and the Today, the gavel passes to a proud son publicans. taxes and the debt. They are working harder than ever before to get ahead, of Wisconsin, the first Speaker from b 1115 Wisconsin. and yet they are falling further behind. And I don’t mean pray for a conver- PAUL RYAN has had the full breadth They feel robbed. They feel cheated of of experience on Capitol Hill, from a sion, all right? Pray for a deeper under- their birthright. They are not asking young staffer to a Tortilla Coast wait- standing. Because when you are up for any favors. They just want a fair er—shall I say that again?—Tortilla here, you see it so clearly. Wherever chance, and they are losing faith that Coast waiter—to a Congressman, to you come from, whatever you believe, they will ever get it. being a sincere and proud advocate for we are all in the same boat. Then they look at Washington, and his point of view as chairman of the I never thought I would be Speaker, all they see is chaos. What a relief to Budget Committee, as a respected lead- but early in my life, I wanted to serve them it would be if we finally got our er and chairman of the Ways and this House. I thought this place was ex- acts together. What a weight off of Means Committee, and in a minute, he hilarating because here you can make their shoulders. How reassuring it will be the Speaker of the House of a difference. If you had a good idea, if would be if we actually fixed the Tax Representatives. you worked hard, you could make it Code, put patients in charge of their Mr. Speaker, today, on behalf of happen. You could improve people’s health care, grew our economy, House Democrats, I extend the hand of lives. To me, the House of Representa- strengthened our military, lifted peo- friendship to you. tives represents what is the best of ple out of poverty, and paid down our Congratulations to you, PAUL, and to America: the boundless opportunity to debt. At this point, nothing could be Janna; your children, Liza, Charlie, do good. more inspiring than a job well done. and Sam; your mother, who is here— But let’s be frank. The House is bro- Nothing could stir the heart more than how proud she must be—and the entire ken. We are not solving problems. We real, concrete results. Ryan family, whom we all know mean are adding to them. I am not interested The cynics will scoff. They will say it so much to you. in laying blame. We are not settling is not possible. You better believe, we Mr. Speaker, God bless you and your scores. We are wiping the slate clean. are going to try. We will not duck the family. And God bless the United Neither the Members nor the people tough issues; we will take them head- States of America. are satisfied with how things are going. on. We are going to do all we can do so This is the people’s House. This is the We need to make some changes, start- that working people get their strength people’s gavel. In the people’s name, it ing with how the House does business. back and people not working get their is my privilege to hand this gavel to We need to let every Member con- lives back. No more favors for the few. the Speaker-elect of the House, Con- tribute, not once they have earned ‘‘Opportunity for all,’’ that is our gressman and Honorable PAUL D. RYAN. their stripes, but now. motto. Mr. RYAN of Wisconsin. Thank you, I come at this job as a two-time com- I often talk about a need for a vision. Madam Leader. mittee chair. The committees should I am not sure I ever really said what I
VerDate Sep 11 2014 23:31 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K29OC7.006 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE H7340 CONGRESSIONAL RECORD — HOUSE October 29, 2015 meant. We solve problems here, yes. We The Clerk read the resolution, as fol- b 1130 create a lot of them, too. But at bot- lows: ANNOUNCEMENT BY THE SPEAKER tom, we vindicate a way of life. We H. RES. 503 PRO TEMPORE show by our work that free people can Resolved, That the Clerk be instructed to The SPEAKER pro tempore. The govern themselves. They can solve inform the President of the United States their own problems. They can make that the House of Representatives has elect- Chair announces that the Speaker has their own decisions. They can delib- ed Paul D. Ryan, a Representative from the delivered to the Clerk a letter dated erate, collaborate, and get the job State of Wisconsin, Speaker of the House of October 29, 2015, listing Members in the done. Representatives. order in which each shall act as Speak- We show that self-government is not The resolution was agreed to. er pro tempore under clause 8(b)(3) of rule I. only more efficient and more effective, A motion to reconsider was laid on it is more fulfilling. In fact, we show it the table. f is that struggle, that hard work, that RECALL DESIGNEE very achievement itself that makes us f free. That is what we do here. The SPEAKER pro tempore laid be- We will not always agree, not all of RESOLUTION TO INFORM THE SEN- fore the House the following commu- us, not all of the time, but we should ATE THE ELECTION OF THE nication from the Speaker: not hide our disagreements. We should SPEAKER HOUSE OF REPRESENTATIVES, Washington, DC, October 29, 2015. embrace them. We have nothing to fear Mr. MCCARTHY. Mr. Speaker, I offer Hon. KAREN L. HAAS, from honest differences honestly stat- a privileged resolution and ask for its Clerk of the House of Representatives, The Cap- ed. If you have ideas, let’s hear them. I immediate consideration. itol, Washington, DC. believe that a greater clarity between The Clerk read the resolution, as fol- DEAR MADAM CLERK: I hereby designate us can lead to greater charity among lows: Representative Kevin McCarthy of California to exercise any authority regarding assem- us, and there is every reason to have H. RES. 504 hope. bly, reassembly, convening, or reconvening Resolved, That a message be sent to the When the first Speaker took the of the House pursuant to House Concurrent Senate to inform that body that Paul D. Resolution 1, clause 12 of rule I, and any con- gavel, he looked out at a room of 30 Ryan, a Representative from the State of current resolutions of the current Congress people, representing a nation of 3 mil- Wisconsin, has been elected Speaker of the as may contemplate my designation of Mem- lion. Today, as I look out at each and House of Representatives. bers to exercise similar authority. every one of you, we represent a nation The resolution was agreed to. In the event of the death or inability of that designee, the alternate Members of the of 300 million. A motion to reconsider was laid on So when I hear people say that Amer- House listed in the letter bearing this date the table. that I have placed with the Clerk are des- ica doesn’t have it, we are done, we are ignated, in turn, for the same purposes. spent, I don’t believe it. I believe with f Sincerely, every fiber of my being that we can PAUL D. RYAN, renew the American idea. Now our task RESIGNATIONS AS MEMBER OF Speaker. is to make us all believe. COMMITTEE ON WAYS AND f My friends, you have done me a great MEANS AND JOINT COMMITTEE honor. The people of this country, they ON TAXATION APPOINTMENT OF MEMBERS TO ACT AS SPEAKER PRO TEMPORE have done all of us a great honor. Now The SPEAKER pro tempore (Mr. TO SIGN ENROLLED BILLS AND let’s prove ourselves worthy of it. Let’s THORNBERRY) laid before the House the JOINT RESOLUTIONS DURING seize the moment. Let’s rise to the oc- following resignations as a member of THE 114TH CONGRESS casion. And when we are done, let us the Committee on Ways and Means and say that we left the people—all the the Joint Committee on Taxation: The SPEAKER pro tempore laid be- people—more united, happy, and free. HOUSE OF REPRESENTATIVES, fore the House the following commu- Thank you. COMMITTEE ON WAYS AND MEANS, nication from the Speaker: I am now ready to take the oath of Washington, DC, October 29, 2015. HOUSE OF REPRESENTATIVES, office. Hon. KAREN HAAS, Washington, DC, October 29, 2015. I ask the Dean of the House of Rep- Clerk of the House of Representatives, U.S. Cap- I hereby appoint the Honorable Jeff itol, Washington, DC. Denham, the Honorable Mac Thornberry, the resentatives, the Honorable JOHN CON- DEAR MS. HAAS: As a result of my election Honorable Fred Upton, the Honorable Andy YERS, Jr., of Michigan, to administer today as Speaker, this letter is to inform Harris, the Honorable Barbara Comstock, the oath of office. you that I resign as Chairman of the Com- and the Honorable Luke Messer to act as Mr. CONYERS then administered the mittee on Ways and Means and from further Speaker pro tempore to sign enrolled bills oath of office to Mr. PAUL D. RYAN of service on that Committee. I also resign as and joint resolutions through the remainder Wisconsin, as follows: Chairman and a member of the Joint Com- of the One Hundred Fourteenth Congress. mittee on Taxation. PAUL D. RYAN, Do you solemnly swear or affirm that you Sincerely, Speaker. will support and defend the Constitution of PAUL D. RYAN, the United States against all enemies, for- The SPEAKER pro tempore. Without Chairman. eign and domestic; that you will bear true objection, the appointments are ap- faith and allegiance to the same; that you The SPEAKER pro tempore. Without proved. There was no objection. take this obligation freely, without any objection, the resignations are accept- f mental reservation or purpose of evasion; ed. and that you will well and faithfully dis- There was no objection. ADJOURNMENT FROM THURSDAY, charge the duties of the office on which you OCTOBER 29, 2015, TO MONDAY, are about to enter, so help you God. f NOVEMBER 2, 2015 (Applause, the Members rising.) Mr. MCCARTHY. Mr. Speaker, I ask ANNOUNCEMENT BY THE SPEAKER Mr. CONYERS. Congratulations, Mr. unanimous consent that when the PRO TEMPORE Speaker. House adjourns today, it adjourn to f The SPEAKER pro tempore. The meet on Monday, November 2, 2015, Chair would take this occasion to note when it shall convene at noon for AUTHORIZING THE CLERK TO IN- that the Speaker’s announced policies morning-hour debate and 2 p.m. for leg- FORM THE PRESIDENT OF THE with respect to particular aspects of islative business. ELECTION OF THE SPEAKER the legislative process placed in the The SPEAKER pro tempore. Is there Mr. MCCARTHY. Mr. Speaker, I offer RECORD on January 6, 2015, will con- objection to the request of the gen- a privileged resolution and ask for its tinue in effect for the remainder of the tleman from California? immediate consideration. 114th Congress. There was no objection.
VerDate Sep 11 2014 06:35 Feb 05, 2016 Jkt 049060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD15\OCT 2015\H29OC5.REC H29OC5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 29, 2015 CONGRESSIONAL RECORD — HOUSE H7341 PUBLICATION OF BUDGETARY after fiscal year 2016 because appropriations plementary information on spending in ex- MATERIAL for those years have not yet been considered. cess of the base discretionary spending caps Table 2 compares the current levels of allowed under section 251(b) of the Budget STATUS REPORT ON CURRENT SPENDING LEVELS budget authority and outlays for legislative Control Act. OF ON-BUDGET SPENDING AND REVENUES FOR action completed by each authorizing com- Table 5 compares the levels of changes to FY 2015, 2016, AND THE 10-YEAR PERIOD FY 2016 mittee with the ‘‘section 302(a)’’ allocations mandatory programs (CHIMPs) contained in THROUGH FY 2025 filed on April 29, 2014 for fiscal year 2015, and appropriations acts with the permissible lim- HOUSE OF REPRESENTATIVES, to the limits contained in the conference re- its on CHIMPs as specified in sections 3103 COMMITTEE ON THE BUDGET, port on S. Con. Res. 11, as agreed to on May and 3104 of S. Con. Res. 11. The comparison is Washington, DC, October 29, 2015. 5, 2015, for fiscal year 2016 and for the 10-year needed to enforce a point of order established Hon. JOHN A. BOEHNER, period of fiscal years 2016 through 2025. For in S. Con. Res. 11 against fiscal year 2016 ap- Speaker, House of Representatives, fiscal year 2015, ‘‘legislative action’’ refers to propriations measures containing CHIMPs Washington, DC. legislation enacted after the adoption of the that would breach the permissible limits for DEAR MR. SPEAKER: To facilitate applica- levels set forth in the Congressional Record fiscal year 2016. on April 29, 2014. For fiscal year 2016 and the tion of sections 302 and 311 of the Congres- Tables 6 and 7 display the current level of 10-year period of fiscal years 2016 through sional Budget Act, I am transmitting an up- advance appropriations for fiscal years 2016 2025, ‘‘legislative action’’ refers to legisla- dated status report on the current levels of and 2017, respectively, of accounts identified tion enacted after the adoption of the levels on-budget spending and revenues for fiscal for advance appropriations under section 601 set forth in the conference agreement on S. years 2015, 2016, and for the 10-year period of of H. Con. Res. 25 (113th Congress), in force Con. Res. 11. This comparison is needed to fiscal years 2016 through 2025. This status re- and effect pursuant to H. Res. 5 (114th Con- enforce section 302(f) of the Congressional port is current through October 27, 2015. The gress), and under section 3304 of S. Con. Res Budget Act, which creates a point of order term ‘‘current level’’ refers to the amounts 11. These tables are needed to enforce a point against measures that would breach the sec- of spending and revenues estimated for each of order against appropriations bills con- tion 302(a) allocation of new budget author- fiscal year based on laws enacted or awaiting taining advance appropriations that are: (i) the President’s signature. ity for the committee that reported the not identified in the statement of managers Table 1 in the report compares the current measure. It is also needed to implement sec- or (ii) would cause the aggregate amount of levels of total budget authority, outlays, and tion 311(b), which exempts committees that such appropriations to exceed the level spec- revenues to the overall limits, as adjusted, comply with their allocations from the point ified in the budget resolution. that were filed in the Congressional Record of order under section 311(a). on April 29, 2014 for fiscal year 2015, and to Tables 3 and 4 compare the current status In addition, letters from the Congressional the limits contained in the conference report of discretionary appropriations for fiscal Budget Office are attached that summarize on S. Con. Res. 11, as agreed to on May 5, years 2015 and 2016 with the ‘‘section 302(b)’’ and compare the budget impact of enacted 2015, for fiscal year 2016, and for the 10-year suballocations of discretionary budget au- legislation that occurred after adoption of period of fiscal years 2016 through 2025. This thority and outlays among Appropriations the budget resolution against the budget res- comparison is needed to implement section subcommittees. The comparison is needed to olution aggregates in force. 311(a) of the Congressional Budget Act, enforce section 302(f) of the Congressional If you have any questions, please contact which creates a point of order against meas- Budget Act because the point of order under Jim Herz or Jim Bates at (202) 226–7270. ures that would breach the budget resolu- that section equally applies to measures that Sincerely, tion’s aggregate levels. The table does not would breach the applicable section 302(b) TOM PRICE, M.D., show budget authority and outlays for years suballocation. The tables also provide sup- Chairman. TABLE 1.—REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE BUDGET, STATUS OF THE FISCAL YEAR 2015, 2016, AND 2016–2025 CONGRESSIONAL BUDGET REFLECTING ACTION COMPLETED AS OF OCTOBER 27, 2015 [On-budget amounts, in millions of dollars]
Fiscal Year Fiscal Year Fiscal Years 2015 1 2016 2 2016–2025
Appropriate Level: Budget Authority ...... 3,033,319 3,040,743 n.a. Outlays ...... 3,027,686 3,092,541 n.a. Revenues ...... 2,535,978 2,675,967 32,233,099 Current Level: Budget Authority ...... 3,037,055 3,154,888 n.a. Outlays ...... 3,047,157 3,167,136 n.a. Revenues ...... 2,453,570 2,676,111 32,237,119 Current Level over (+) / under (¥) Appropriate Level: Budget Authority ...... +3,736 +114,145 n.a. Outlays ...... +19,471 +74,595 n.a. Revenues ...... ¥82,408 +144 +4,020 n.a. = Not applicable because annual appropriations Acts for fiscal years 2017 through 2025 will not be considered until future sessions of Congress. 1 Section 115(b) of the Bipartisan Budget Act of 2013 (BBA) required the Chairman of the Committee on the Budget in the House of Representatives to file aggregate budgetary levels for fiscal year 2015 for purposes of enforcing sec- tion 311 of the Congressional Budget Act of 1974. The spending and revenue aggregates for fiscal year 2015 were filed on April 29, 2014. The current level for this report begins with the budgetary levels filed on April 29, 2014, as ad- justed, and makes changes to those levels for enacted legislation. 2 The FY2016 Concurrent Resolution on the Budget was agreed to in S. Con. Res. 11 and the accompanying report, H. Rept. 114–96. The current level for this report is measured relative to the on-budget levels filed in H. Rept. 114–96.
TABLE 2.—DIRECT SPENDING LEGISLATION, COMPARISON OF AUTHORIZING COMMITTEE LEGISLATIVE ACTION WITH 302(a) ALLOCATIONS FOR BUDGET CHANGES, REFLECTING ACTION COMPLETED AS OF OCTOBER 27, 2015 [Fiscal Years, in millions of dollars]
2015 2016 2016–2025 House Committee BA Outlays BA Outlays BA Outlays
Agriculture: 302(a) Allocation ...... 0 0 ¥1,645 ¥347 ¥302,149 ¥300,020 Legislative Action ...... +263 +238 0 0 +2 +2 Difference ...... +263 +238 ¥1,645 +347 +302,151 +300,022 Armed Services: 302(a) Allocation ...... 0 0 0 0 0 0 Legislative Action ...... ¥121 ¥104 0 0 0 0 Difference ...... ¥121 ¥104 0 0 0 0 Education and the Workforce 302(a) Allocation ...... 0 0 ¥10,633 ¥5,017 ¥249,574 ¥229,658 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 +10,633 +5,017 +249,574 +229,658 Energy and Commerce: 302(a) Allocation ...... 0 0 ¥54,654 ¥49,173 ¥1,379,704 ¥1,369,488 Legislative Action ...... +6,935 +6,935 +5 +5 +56 +56 Difference ...... +6,935 +6,935 +54,659 +49,178 +1,379,760 +1,369,544 Financial Services: 302(a) Allocation ...... 0 0 ¥7,334 ¥6,712 ¥62,254 ¥62,056 Legislative Action ...... +121 +121 0 0 0 0 Difference ...... +121 +121 +7,334 +6,712 +62,254 +62,056 Foreign Affairs: 302(a) Allocation ...... 0 0 0 0 0 0 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Homeland Security: 302(a) Allocation ...... 0 0 ¥180 ¥180 ¥22,630 ¥22,630
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2015 2016 2016–2025 House Committee BA Outlays BA Outlays BA Outlays
Legislative Action ...... 0 0 0 0 ¥3,160 ¥3,160 Difference ...... 0 0 +180 +180 +19,470 +19,470 House Administration: 302(a) Allocation ...... 0 0 ¥31 ¥2 ¥298 ¥53 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 +31 +2 +298 +53 Judiciary: 302(a) Allocation ...... 0 0 ¥14,419 ¥868 ¥24,949 ¥23,055 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 +14,419 +868 +24,949 +23,055 Natural Resources: 302(a) Allocation ...... 0 0 ¥569 ¥261 ¥32,678 ¥32,483 Legislative Action ...... +98 +94 0 0 0 0 Difference ...... +98 +94 +569 +261 +32,678 +32,483 Oversight and Government Reform: 302(a) Allocation ...... 0 0 ¥9,188 ¥9,026 ¥193,961 ¥193,896 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 +9,188 +9,026 +193,961 +193,896 Science, Space and Technology: 302(a) Allocation ...... 0 0 0 0 0 0 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Small Business: 302(a) Allocation ...... 0 0 0 0 0 0 Legislative Action ...... 0 0 0 0 0 0 Difference ...... 0 0 0 0 0 0 Transportation and Infrastructure: 302(a) Allocation ...... 0 0 ¥12,114 0 ¥197,706 0 Legislative Action ...... +8,068 +8,068 +130 0 +1,300 0 Difference ...... +8,068 +8,068 +12,244 0 +199,006 0 Veterans’ Affairs: 302(a) Allocation ...... 0 0 ¥31 ¥31 ¥1,925 ¥1,925 Legislative Action ...... +1 +151 ¥2 +388 ¥1 +644 Difference ...... +1 +151 +29 +419 +1,924 +2,569 Ways and Means: 302(a) Allocation ...... 0 ¥15 ¥59,559 ¥59,529 ¥1,600,290 ¥1,599,790 Legislative Action ...... +368 +332 +445 +175 ¥5,164 ¥5,132 Difference ...... +368 +347 +60,004 +59,704 +1,595,126 +1,594,658
TABLE 3.—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2015—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF SEPTEMBER 30, 2015 [Figures in Milllons] 1
302(b) Allocations 302(b) for Current Status Current Status General Purpose GWOT H. Rept. 113–474 GWOT General Purpose 1 GWOT less 302(b) less 302(b) BA OT BA OT BA OT BA OT BA OT BA OT
Agriculture, Rural Development, FDA ...... 20,880 21,716 0 0 20,666 21,603 0 0 ¥214 ¥113 0 0 Commerce, Justice, Science ...... 51,200 61,518 0 0 50,103 61,099 0 0 ¥1,097 ¥419 0 0 Defense ...... 490,944 522,774 79,445 36,839 490,194 520,271 64,000 30,476 ¥750 ¥2,503 ¥15,445 ¥6,363 Energy and Water Development ...... 34,010 37,831 0 0 34,202 38,061 0 0 +192 +230 0 0 Financial Services and General Government ...... 21,285 22,750 0 0 21,820 23,158 0 0 +535 +408 0 0 Homeland Security ...... 45,658 44,712 0 0 46,108 45,339 213 170 +450 +627 +213 +170 Interior, Environment ...... 30,220 30,191 0 0 30,416 32,308 0 0 +196 +2,117 0 0 Labor, Health and Human Services, Education ...... 155,702 159,922 0 0 158,247 169,426 0 0 +2,545 +9,504 0 0 Legislative Branch...... 4,258 4,219 0 0 4,300 4,235 0 0 +42 +16 0 0 Military Construction and Veterans Affairs ...... 71,499 76,100 0 0 71,808 76,427 221 0 +309 +327 +221 0 State, Foreign Operations ...... 42,381 42,319 5,912 3,142 40,007 44,149 9,258 2,233 ¥2,374 +1,830 +3,346 ¥909 Transportation, Housing & Urban Development ...... 52,029 118,732 0 0 53,770 119,039 0 0 +1,741 +307 0 0 Full Committee Allowance...... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a.
Total ...... 1,020,066 1,142,784 85,357 39,981 1,021,641 1,155,115 73,692 32,879 +1,575 +12,331 ¥11,665 ¥7,102
Comparison of Total Appropriations and General Purpose GWOT 302(a) allocation BA OT BA OT
302(a) Allocation ...... 1,021,641 1,144,101 85,357 39,981 Total Appropriations ...... 1,021,641 1,155,115 73,692 32,879
Total Appropriations vs. 302(a) Allocation ...... 0 +11,014 ¥11,665 ¥7,102
Memorandum Amounts Emergency Disaster Program Assumed in 302(b) Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT
Agriculture, Rural Development, FDA ...... 0 0 25 7 91 40 0 0 Commerce, Justice, Science...... 0 0 0 0 0 0 0 0 Defense ...... 0 0 112 119 0 0 0 0 Energy and Water Development...... 0 0 0 0 0 0 0 0 Financial Services and General Government ...... 0 0 0 0 0 0 0 0 Homeland Security ...... 6,438 322 0 0 6,438 322 0 0 Interior, Environment...... 0 0 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... 0 0 2,742 933 0 0 1,484 1,277 Legislative Branch...... 0 0 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... 0 0 0 0 0 0 0 0 State, Foreign Operations ...... 0 0 2,526 468 0 0 0 0 Transportation, Housing & Urban Development ...... 0 0 0 0 0 0 0 0
Totals ...... 6,438 322 5,405 1,527 6,529 362 1,484 1,277
1 Spending designated as emergency is not included in the current status of appropriations shown in this table.
VerDate Sep 11 2014 06:39 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.015 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE October 29, 2015 CONGRESSIONAL RECORD — HOUSE H7343 TABLE 4.—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2016—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF OCTOBER 27, 2015 [Figures in Millions] 1
302(b) Allocations 302(b) for Current Status Current Status General Purpose GWOT H. Rept. 114–198 GWOT General Purpose 1 GWOT less 302(b) less 302(b) BA OT BA OT BA OT BA OT BA OT BA OT
Agriculture, Rural Development, FDA ...... 20,650 22,064 0 0 20,650 21,762 0 0 0 ¥302 0 0 Commerce, Justice, Science...... 51,374 62,026 0 0 51,374 62,026 0 0 0 0 0 0 Defense ...... 490,226 515,775 88,421 45,029 490,226 515,775 88,421 45,029 0 0 0 0 Energy and Water Development...... 35,402 36,195 0 0 35,402 36,195 0 0 0 0 0 0 Financial Services and General Government ...... 20,250 22,092 0 0 20,250 21,957 0 0 0 ¥135 0 0 Homeland Security ...... 39,333 49,169 0 0 46,046 44,897 0 0 +6,713 ¥4,272 0 0 Interior, Environment...... 30,170 31,891 0 0 30,170 31,891 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... 154,536 170,377 0 0 154,536 167,196 0 0 0 ¥3,181 0 0 Legislative Branch...... 4,300 4,243 0 0 3,337 3,510 0 0 ¥963 ¥733 0 0 Military Construction and Veterans Affairs ...... 76,056 78,242 532 2 76,056 78,242 532 2 0 0 0 0 State, Foreign Operations ...... 40,500 47,055 7,334 3,767 40,500 46,960 7,334 1,519 0 ¥95 0 ¥2,248 Transportation, Housing & Urban Development ...... 55,269 118,792 0 0 55,269 118,792 0 0 0 0 0 0 Full Committee Allowance...... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. Total ...... 1,018,066 1,157,921 96,287 48,798 1,023,816 1,149,203 96,287 46,550 +5,750 ¥8,718 0 ¥2,248
Comparison of Total Appropriations and 302(a) alloca- General Purpose GWOT tion BA OT BA OT
302(a) Allocation ...... 1,018,066 1,157,921 96,287 48,798 Total Appropriations ...... 1,023,816 1,149,203 96,287 46,550 Total Appropriations vs. 302(a) Allocation ...... +5,750 ¥8,718 0 ¥2,248 Memorandum Amounts Emergency Disaster Program Assumed in 302(b) Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec. 251(b) Designated Categories BA OT BA OT BA OT BA OT
Agriculture, Rural Development, FDA ...... 0 0 ¥2 0 0 0 0 0 Commerce, Justice, Science...... 0 0 0 0 0 0 0 0 Defense ...... 0 0 0 0 0 0 0 0 Energy and Water Development...... 0 0 0 0 0 0 0 0 Financial Services and General Government ...... 0 0 0 0 0 0 0 0 Homeland Security...... 0 0 0 0 6,713 336 0 0 Interior, Environment...... 0 0 0 0 0 0 0 0 Labor, Health and Human Services, Education ...... 1,484 1,277 0 0 0 0 1,484 1,277 Legislative Branch...... 0 0 0 0 0 0 0 0 Military Construction and Veterans Affairs ...... 0 0 0 0 0 0 0 0 State, Foreign Operations...... 0 0 0 0 0 0 0 0 Transportation, Housing & Urban Development ...... 0 0 0 0 0 0 0 0 Totals ...... 1,484 1,277 ¥2 0 6,713 336 1,484 1,277
1 Spending designated as emergency is not included in the current status of appropriations shown in this table.
TABLE 5.—CURRENT LEVEL OF FY 2016 CHIMPS SUBJECT TABLE 6.—2016 ADVANCE APPROPRIATIONS PURSUANT TABLE 7.—2017 ADVANCE APPROPRIATIONS AS AUTHOR- TO S. CON. RES. 11, SECTION 3103 LIMITS (IN MIL- TO SECTION 115(c) OF THE BIPARTISAN BUDGET ACT IZED BY S. CON. RES. 11 AS OF OCTOBER 27, 2015— LIONS) AS OF OCTOBER 27, 2015 OF 2013 AS OF OCTOBER 27, 2015—Continued Continued [Budget Authority, millions] [Budget Authority, millions] Budget Appropriations Bill Authority Section 601(d)(1) Limits 2016 Section 3304(c)(2) Limits 2017 Agriculture, Rural Development, FDA ...... 0 Commerce, Justice, Science ...... 0 Enacted Advances vs. Section 601(d)(1) Limit ...... 0 Section 3304(c)(1) Limits 2017 Defense ...... 0 Energy and Water Development ...... 0 Section 601(d)(2) Limits 2016 Appropriate Level ...... 28,852 Financial Services and General Government ...... 0 Enacted Advances: Homeland Security ...... 0 Appropriate Level ...... 28,781 Accounts Identified for Advances: Interior, Environment ...... 0 Enacted Advances: Employment and Training Administration ...... 0 Labor, Health and Human Services, Education ...... 0 Accounts Identified for Advances: Education for the Disadvantaged ...... 0 Legislative Branch ...... 0 Postal Service ...... 41 School Improvement Programs ...... 0 Military Construction and Veterans Affairs ...... 0 Employment and Training Administration ...... 1,772 Special Education ...... 0 State, Foreign Operations ...... 0 Education for the Disadvantaged ...... 10,841 Career, Technical and Adult Education ...... 0 Transportation, Housing & Urban Development ...... 0 School Improvement Programs ...... 1,681 Tenant-based Rental Assistance ...... 0 Special Education ...... 9,283 Project-based Rental Assistance ...... 0 Total CHIMP’s Subject to Limit ...... 0 Career, Technical and Adult Education ...... 791 S. Con. Res. 11, Section 3103 Limit for FY 2016 ...... 19,100 Subtotal, enacted advances 1 ...... 0 ¥ Tenant-based Rental Assistance ...... 4,000 ¥ Total CHIMP’s vs. Limit ...... 19,100 Project-based Rental Assistance ...... 400 Enacted Advances vs. Section 601(d)(2) Limit ...... 28,852 CURRENT LEVEL OF FY 2016 CRIME VICTIMS FUND CHIMP 1 Previously Enacted Advance Appropriations 2017 SUBJECT TO S. CON. RES. 11, SECTION 3104 LIMIT (IN Subtotal, enacted advances ...... 28,809 Enacted Advances vs. Section 601(d)(2) Limit ...... +28 Corporation for Public Broadcasting 2 ...... 445,000,000 MILLIONS) AS OF OCTOBER 27, 2015 Total, enacted advances 1 ...... 445,000,000 Previously Enacted Advance Appropriations 2016 1 Line items may not add to total due to rounding. Budget 2 Authority Corporation for Public Broadcasting ...... 445 2 Funds were appropriated in Public Law 113–235. Total, enacted advances 1 ...... 87,916 Crime Victims Fund CHIMP ...... 0 1 Line items may not add to total due to rounding. U.S. CONGRESS, S. Con. Res. 11, Section 3104 Limit for FY 2016 ...... 10,800 2 Total CHIMP’s vs. Limit ...... ¥10,800 Funds were appropriated in the Consolidated Appropriations Act 2014 CONGRESSIONAL BUDGET OFFICE, P.L 113–76. Washington, DC, October 29, 2015. TABLE 7.—2017 ADVANCE APPROPRIATIONS AS AUTHOR- Hon. TOM PRICE, M.D., TABLE 6.—2016 ADVANCE APPROPRIATIONS PURSUANT Chairman, Committee on the Budget, House of TO SECTION 115(c) OF THE BIPARTISAN BUDGET ACT IZED BY S. CON. RES. 11 AS OF OCTOBER 27, 2015 Representatives, Washington, DC. OF 2013 AS OF OCTOBER 27, 2015 [Budget Authority, millions] DEAR MR. CHAIRMAN: The enclosed report [Budget Authority, millions] shows the effects of Congressional action on Section 3304(c)(2) Limits 2017 the fiscal year 2016 budget and is current Section 601(d)(1) Limits 2016 Appropriate Level ...... 63,271 through October 27, 2015. This report is sub- Appropriate Level ...... 58,662 Enacted Advances: mitted under section 308(b) and in aid of sec- Enacted Advances: Accounts Identified for Advances: tion 311 of the Congressional Budget Act, as Accounts Identified for Advances: Department of Veterans Affairs: amended. Department of Veterans Affairs: Medical Services ...... 0 Medical Services ...... 47,603 Medical Support and Compliance ...... 0 The estimates of budget authority, out- Medical Support and Compliance ...... 6,144 Medical Facilities ...... 0 lays, and revenues are consistent with the Medical Facilities ...... 4,915 technical and economic assumptions of S. Subtotal, enacted advances 1 ...... 0 Subtotal, enacted advances 1 ...... 58,662 Enacted Advances vs. Section 601(d)(1) Limit ...... ¥63,271 Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016.
VerDate Sep 11 2014 06:39 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.016 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE H7344 CONGRESSIONAL RECORD — HOUSE October 29, 2015 Since our last letter dated May 21, 2015, the Defending Public Safety Employees’ Re- Airport and Airway Extension Act of 2015 Congress has cleared and the President has tirement Act and the Bipartisan Congres- (Public Law 114–55); signed the following acts that affect budget sional Trade Priorities and Accountability Department of Veterans Affairs Expiring authority, outlays, or revenues for fiscal Act of 2015 (Public Law 114–26); Authorities Act of 2015 (Public Law 114–58); year 2016: Trade Preferences Extension Act of 2015 (Public Law 114–27); and An act to extend the authorization to Steve Gleason Act of 2015 (Public Law 114– Protecting Affordable Coverage for Em- carry out the replacement of the existing 40); ployees Act (Public Law 114–60). medical center of the Department of Vet- Surface Transportation and Veterans Sincerely, erans Affairs in Denver, Colorado, to author- Health Care Choice Improvement Act of 2015 KEITH HALL, ize transfers of amounts to carry out the re- (Public Law 114–41); Director. placement of such medical center, and for Continuing Appropriations Act, 2016 (Pub- other purposes (Public Law 114–25); lic Law 114–53); Enclosure. FISCAL YEAR 2016 HOUSE CURRENT LEVEL REPORT THROUGH OCTOBER 27, 2015 [In millions of dollars]
Budget authority Outlays Revenues
Previously Enacted: a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,972,212 1,905,523 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a.
Total, Previously enacted ...... 1,187,392 1,621,469 2,676,733 Enacted Legislation: b An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colo- rado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act and the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40
Total, Enacted Legislation ...... 578 568 ¥622 Continuing Resolution: Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 1,008,053 602,405 0 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 958,865 942,694 0 Total Current Level c ...... 3,154,888 3,167,136 2,676,111 Total House Resolution d ...... 3,040,743 3,092,541 2,675,967
Current Level Over House Resolution ...... 114,145 74,595 144 Current Level Under House Resolution ...... n.a. n.a. n.a. Memorandum: Revenues, 2016–2025: House Current Level ...... n.a. n.a. 32,237,119 House Resolution e ...... n.a. n.a. 32,233,099
Current Level Over House Resolution ...... n.a. n.a. 4,020 Current Level Under House Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b Pursuant to section 314(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2016, which are not included in the current level totals, are as follows: Budget authority Outlays Revenues
Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 ...... 0 917 0 Continuing Appropriations Resolution, 2016 ...... 700 775 0
Total, amounts designated as emergency requirements ...... 700 1,692 0 c For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a re- sult, current level does not include these items. d Periodically, the House Committee on the Budget revises the totals in S. Con. Res. 11, pursuant to various provisions of the resolution: Budget authority Outlays Revenues
Original House Resolution: ...... 3,039,215 3,091,442 2,676,733 Revisions: Adjustment for Program Integrity Spending ...... 1,083 924 0 Adjustment for Senate Amendment to H.R. 1295, the Trade Preferences Extension Act, 2015 ...... 445 175 ¥766
Revised House Resolution ...... 3,040,743 3,092,541 2,675,967 e Periodically, the House Committee on the Budget revises the 2015–2024 revenue totals in S. Con. Res. 11, pursuant to various provisions of the resolution.
U.S. CONGRESS, allocations, aggregates, and other budgetary erans Affairs in Denver, Colorado, to author- CONGRESSIONAL BUDGET OFFICE, levels printed in the Congressional Record on ize transfers of amounts to carry out the re- Washington, DC, October 29, 2015. April 29, 2014, pursuant to section 115 of the placement of such medical center, and for Hon. TOM PRICE, M.D., Bipartisan Budget Act (Public Law 113–67). other purposes (Public Law 114–25); Chairman, Committee on the Budget, House of Since our last letter dated May 21, 2015, the Trade Preferences Extension Act of 2015 Representatives, Washington, DC. Congress has cleared and the President has (Public Law 114–27): and DEAR MR. CHAIRMAN: The enclosed report signed the following acts that affect budget shows the effects of Congressional action on authority, outlays, or revenues for fiscal Surface Transportation and Veterans the fiscal year 2015 budget and is current year 2015: Health Care Choice Improvement Act of 2015 through September 30, 2015. This report is Construction Authorization and Choice Im- (Public Law 114–41). Sincerely, submitted under section 308(b) and in aid of provement Act (Public Law 114–19); section 311 of the Congressional Budget Act, KEITH HALL, An act to extend the authorization to Director. as amended. carry out the replacement of the existing The estimates of budget authority, out- medical center of the Department of Vet- Enclosure. lays, and revenues are consistent with the
VerDate Sep 11 2014 06:39 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.019 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE October 29, 2015 CONGRESSIONAL RECORD — HOUSE H7345 FISCAL YEAR 2015 HOUSE CURRENT LEVEL REPORT THROUGH SEPTEMBER 30, 2015 [In millions of dollars]
Budget authority Outlays Revenues
Previously Enacted: a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,882,631 1,805,294 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a. Total, Previously enacted ...... 1,147,436 1,579,074 2,533,388 Enacted Legislation: b Lake Hill Administrative Site Affordable Housing Act (P.L. 113–141) ...... 0 ¥2 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–160) ...... 5 5 6 Continuing Appropriations Resolution, 2015 (P.L. 113–164) c ...... ¥4,705 ¥180 0 Preventing Sex Trafficking and Strengthening Families Act (P.L. 113–183) ...... 0 10 0 IMPACT Act of 2014 (P.L. 113–185) ...... 22 22 0 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113–235) b ...... 1,878,696 1,424,582 ¥178 An act to amend certain provisions of the FAA Modernization and Reform Act of 2012 (P.L. 113–243) ...... 0 0 ¥28 Naval Vessel Transfer Act of 2013 (P.L. 113–276) ...... ¥20 ¥20 0 Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113–291) ...... ¥15 0 0 An act to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Rev- enue Code of 1986 to provide for the treatment of ABLE accounts established under State programs for the care of family members with disabil- ities, and for other purposes (P.L. 113–295) ...... 160 160 ¥81,177 Terrorism Risk Insurance Program Reauthorization Act of 2015 (P.L. 114–1) ...... 121 121 1 Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) ...... 47,763 27,534 0 Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10) ...... 7,354 7,329 0 Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 0 20 0 An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colo- rado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 130 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 38 7 ¥1,051 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) bd ...... 8,068 8,068 19 Total, Enacted Legislation ...... 1,937,487 1,467,771 ¥79,818 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥47,868 312 0 Total Current Level e ...... 3,037,055 3,047,157 2,453,570 Total House Resolution f ...... 3,033,319 3,027,686 2,535,978 Current Level Over House Resolution ...... 3,736 19,471 n.a. Current Level Under House Resolution ...... n.a. n.a. 82,408 Memorandum: Revenues, 2015–2024: House Current Level ...... n.a. n.a. 31,167,723 House Resolution g ...... n.a. n.a. 31,206,399 Current Level Over House Resolution ...... n.a. n.a. n.a. Current Level Under House Resolution ...... n.a. n.a. 38,676 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during the 2nd session of the 113th Congress but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 115 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the Agricultural Act of 2014 (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Mil- ler Kids First Research Act (P.L. 113–94), and the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97). b Pursuant to section 314(d) of the Congressional Budget Act of 1974, amounts designated as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for purposes of Title III and Title IV of the Congressional Budget Act. The amounts so designated for 2015, which are not included in the current level totals, are as follows: Budget authority Outlays Revenues
Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 0 75 0 Veterans’ Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113–146) ...... ¥1,331 6,619 ¥42 Consolidated and Further Continuing Appropriations Act, 2015 ...... 5,405 1,452 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 ...... 0 1,147 0 Total, amounts designated as emergency requirements ...... 4,074 9,293 ¥42
c Sections 136 and 137 of the Continuing Appropriations Resolution, 2015 provide $88 million to respond to the Ebola virus, which is available until September 30, 2015. Section 139 rescinds funds from the Children’s Health Insurance Program. Section 147 extended the authorization for the Export-Import Bank of the United States through June 30, 2015. d Section 2002 of the Surface Transportation and Veterans Care Choice Improvement Act of 2015 transferred $8,068 million from the general fund to the Highway Trust Fund. Pursuant to section 3302 of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016, general fund transfers to the Highway Trust Fund are considered to be new budget authority and outlays for budget enforcement purposes in the House of Representatives. e For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authority, outlays, or revenues for off-budget amounts. As a re- sult, current level does not include these items. f Periodically, the House Committee on the Budget revises the budgetary levels printed in the Congressional Record on April, 29, 2014, pursuant to section 115 of the Bipartisan Budget Act (Public Law 113–67): Budget authority Outlays Revenues
Original House Resolution ...... 3,025,306 3,025,032 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 6,438 322 0 Pursuant to section 115(e) of the Bipartisan Budget Act of 2013 ...... 0 1,030 0 Adjustment for the Highway and Transportation Funding Act of 2014 ...... 0 ¥15 2,590 Adjustment for Program Integrity Spending ...... 1,484 1,277 0 Adjustment for the Department of Homeland Security Appropriations Act, 2015 ...... 91 40 0 Revised House Resolution ...... 3,033,319 3,027,686 2,535,978
g Periodically, the House Committee on the Budget revises the 2015–2024 revenue totals printed in the Congressional Record on April, 29, 2014 pursuant to section 115 of the Bipartisan Budget Act (Public Law 113–67).
BILL PRESENTED TO THE ADJOURNMENT 3328. A letter from the Director, Regu- PRESIDENT latory Management Division, Environmental Mr. MCCARTHY. Mr. Speaker, I move Protection Agency, transmitting the Agen- Karen L. Haas, Clerk of the House, that the House do now adjourn. cy’s final rule — Methoxyfenozide; Pesticide The motion was agreed to; accord- reported that on October 28, 2015, she Tolerances [EPA-HQ-OPP-2014-0591; FRL- ingly (at 11 o’clock and 31 minutes 9934-14] received October 27, 2015, pursuant to presented to the President of the a.m.), under its previous order, the 5 U.S.C. 801(a)(1)(A); Added by Public Law United States, for his approval, the fol- House adjourned until Monday, Novem- 104-121, Sec. 251; to the Committee on Energy lowing bill: and Commerce. ber 2, 2015, at noon for morning-hour 3329. A letter from the Director, Regu- H.R. 313. To amend title 5, United States debate. latory Management Division, Environmental Code, to provide leave to any new Federal f Protection Agency, transmitting the Agen- employee who is a veteran with a service- cy’s final rule — Revisions to Air Plan; Ari- connected disability rated at 30 percent or EXECUTIVE COMMUNICATIONS, zona; Stationary Sources; New Source Re- more for purposes of undergoing medical ETC. view [EPA-R09-OAR-2015-0187; FRL-9930-43- Region 9] received October 27, 2015, pursuant treatment for such disability, and for other Under clause 2 of rule XIV, executive to 5 U.S.C. 801(a)(1)(A); Added by Public Law purposes. communications were taken from the 104-121, Sec. 251; to the Committee on Energy Speaker’s table and referred as follows: and Commerce.
VerDate Sep 11 2014 06:39 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A29OC7.020 H29OCPT1 smartinez on DSK4TPTVN1PROD with HOUSE H7346 CONGRESSIONAL RECORD — HOUSE October 29, 2015 3330. A letter from the Director, Regu- H.R. 3861. A bill to amend the Internal Rev- tem in the State of Montana, and for other latory Management Division, Environmental enue Code of 1986 to extend the exclusion for purposes; to the Committee on Natural Re- Protection Agency, transmitting the Agen- employer-provided educational assistance to sources. cy’s final rule — Teflubenzuron; Pesticide employer payments of qualified education By Mr. SCALISE: Tolerances [EPA-HQ-OPP-2014-0600; FRL- loans; to the Committee on Ways and Means. H. Con. Res. 89. Concurrent resolution ex- 9933-25] received October 27, 2015, pursuant to By Ms. DUCKWORTH (for herself, Mr. pressing the sense of Congress that a carbon 5 U.S.C. 801(a)(1)(A); Added by Public Law LANGEVIN, Mr. CONYERS, Mr. CART- tax would be detrimental to the United 104-121, Sec. 251; to the Committee on Energy WRIGHT, Ms. TSONGAS, Mr. HONDA, Mr. States economy; to the Committee on Ways and Commerce. RUSH, Ms. NORTON, Ms. DELBENE, Mr. and Means. 3331. A letter from the Deputy Assistant TED LIEU of California, Mrs. LAW- By Mr. MCCARTHY: Administrator for Regulatory Programs, RENCE, Mr. FOSTER, Mrs. WATSON H. Res. 503. A resolution authorizing the NMFS, Office of Protected Resources, Na- COLEMAN, Mr. MCDERMOTT, Mr. Clerk to inform the President of the election of the Speaker; considered and agreed to. tional Oceanic and Atmospheric Administra- QUIGLEY, Mr. CARSON of Indiana, Ms. considered and agreed to. tion, transmitting the Administration’s final EDWARDS, Mr. ASHFORD, Mr. SAR- By Mr. MCCARTHY: rule — Taking and Importing Marine Mam- BANES, Mr. BRADY of Pennsylvania, H. Res. 504. A resolution to inform the Sen- mals; Taking Marine Mammals Incidental to Mr. LIPINSKI, Mr. GARAMENDI, Mr. ate the election of the Speaker; considered WALZ, Mr. TAKAI, Ms. SCHAKOWSKY, Southwest Fisheries Science Center Fish- and agreed to. considered and agreed to. Mr. VAN HOLLEN, Mr. LARSEN of eries Research [Docket No.: 120416011-5836-02] By Mr. HINOJOSA (for himself, Mr. (RIN: 0648-BB87) received October 26, 2015, Washington, Mr. CICILLINE, Mrs. SCOTT of Virginia, Mr. GRIJALVA, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Added by CAPPS, Mr. GUTIE´ RREZ, Mrs. BUSTOS, GENE GREEN of Texas, Ms. JACKSON Public Law 104-121, Sec. 251; to the Com- Mr. HINOJOSA, Mrs. NAPOLITANO, Ms. LEE, Mr. VELA, Ms. EDDIE BERNICE mittee on Natural Resources. LEE, Mr. POCAN, Mr. SABLAN, Mr. JOHNSON of Texas, Mr. VEASEY, Mr. RANGEL, and Mr. RYAN of Ohio): f JEFFRIES, Mr. TAKANO, Mr. SABLAN, H.R. 3862. A bill to amend the Workforce ´ REPORTS OF COMMITTEES ON Innovation and Opportunity Act to support Mr. CARDENAS, Mrs. DAVIS of Cali- fornia, Mr. POLIS, Ms. FUDGE, Ms. PUBLIC BILLS AND RESOLUTIONS community college and industry partner- ships, and for other purposes; to the Com- JUDY CHU of California, Mr. DANNY K. Under clause 2 of rule XIII, reports of mittee on Education and the Workforce. DAVIS of Illinois, Mr. POCAN, Ms. committees were delivered to the Clerk By Mr. ISRAEL (for himself, Mr. CLARK of Massachusetts, Ms. LEE, Mrs. NAPOLITANO, Mr. DOGGETT, Mr. for printing and reference to the proper DESAULNIER, Mr. PALLONE, Mr. GALLEGO, Ms. BONAMICI, Mr. FATTAH, calendar, as follows: FATTAH, Mr. KING of New York, Mr. Ms. CLARKE of New York, Mr. CASTRO CONNOLLY, Mr. NADLER, Mr. RANGEL, Mr. SHUSTER: Committee on Transpor- of Texas, Mr. O’ROURKE, Ms. ADAMS, Mr. SIRES, Mrs. CAROLYN B. MALONEY tation and Infrastructure. H.R. 3763. A bill to Ms. ROYBAL-ALLARD, Mr. COURTNEY, of New York, Mr. PASCRELL, Ms. authorize funds for Federal-aid highways, Mr. CUELLAR, Mr. DESAULNIER, Mr. highway safety programs, and transit pro- MENG, Mr. CAPUANO, and Mr. ENGEL): H.R. 3863. A bill to amend the Robert T. AL GREEN of Texas, and Ms. WILSON grams, and for other purposes; with an Stafford Disaster Relief and Emergency As- of Florida): amendment (Rept. 114–318). Referred to the sistance Act to provide assistance for com- H. Res. 505. A resolution honoring the 50th Committee of the Whole House on the state mon interest communities, condominiums, anniversary of the Higher Education Act of of the Union. and housing cooperatives damaged by a 1965; to the Committee on Education and the f major disaster, and for other purposes; to the Workforce. By Mr. SCOTT of Virginia (for himself, PUBLIC BILLS AND RESOLUTIONS Committee on Transportation and Infra- structure. Ms. DELAURO, Ms. EDWARDS, Ms. ´ Under clause 2 of rule XII, public By Mr. JEFFRIES (for himself and Mr. LINDA T. SANCHEZ of California, Ms. JUDY CHU of California, Mr. ELLISON, bills and resolutions of the following COLLINS of Georgia): H.R. 3864. A bill to prevent certain moni- Mr. GRIJALVA, Ms. FRANKEL of Flor- titles were introduced and severally re- ida, Ms. MATSUI, Ms. WILSON of Flor- ferred, as follows: toring and interception by Federal authori- ties of Federal prisoner communications ida, Mr. NADLER, Mr. CICILLINE, Mr. By Mr. MESSER: that are subject to attorney-client privilege; POCAN, Mr. POLIS, Ms. CLARK of Mas- H.R. 3857. A bill to require the Board of to the Committee on the Judiciary. sachusetts, Ms. BONAMICI, Mr. COURT- Governors of the Federal Reserve System By Mr. JENKINS of West Virginia (for NEY, Mrs. DAVIS of California, Mr. and the Financial Stability Oversight Coun- himself, Ms. CLARK of Massachusetts, DESAULNIER, Ms. FUDGE, Mr. HINO- cil to carry out certain requirements under Mr. STIVERS, Mrs. WAGNER, Ms. JOSA, Mr. JEFFRIES, Mr. SABLAN, Mr. ´ the Financial Stability Act of 2010 before KUSTER, Mrs. BLACKBURN, Mr. MCKIN- TAKANO, Mr. BEYER, Mr. GUTIERREZ, making any new determination under sec- LEY, Mr. BOUSTANY, Mr. MOONEY of Mrs. WATSON COLEMAN, Ms. LEE, Mrs. tion 113 of such Act, and for other purpose; West Virginia, Mr. POLIQUIN, Mr. KIRKPATRICK, Mr. GRAYSON, Ms. KAP- to the Committee on Financial Services. DOLD, Mr. MACARTHUR, Mr. LANCE, TUR, Mr. MCDERMOTT, Ms. SCHA- By Mr. CHABOT (for himself, Mr. Mr. SALMON, Mr. GROTHMAN, Mr. KOWSKY, Ms. NORTON, Ms. JACKSON GOODLATTE, and Mr. SMITH of Texas): TIBERI, Mr. JOLLY, Mr. WOMACK, Mr. LEE, Mr. MEEKS, Mr. DELANEY, Mr. H.R. 3858. A bill to reauthorize the Sep- RODNEY DAVIS of Illinois, Mr. TUR- TONKO, Mrs. BUSTOS, Mr. CARSON of tember 11th Victim Compensation Fund and NER, Mr. GUINTA, Mr. BYRNE, Ms. Indiana, Ms. CASTOR of Florida, Mr. to create a fund to compensate U.S. victims KAPTUR, and Mr. HIMES): DANNY K. DAVIS of Illinois, Ms. of state sponsored terrorism who hold final H.R. 3865. A bill to provide for alternative SLAUGHTER, Mr. PAYNE, Ms. CLARKE judgments from Article III courts and for and updated certification requirements for of New York, Mr. HONDA, Mr. other purposes; to the Committee on the Ju- participation under Medicaid State plans FATTAH, Mrs. LAWRENCE, Mr. LAN- diciary. under title XIX of the Social Security Act in GEVIN, Mrs. CAROLYN B. MALONEY of By Mr. PERRY (for himself and Mr. the case of certain facilities treating infants New York, Ms. TSONGAS, Mr. MCCAUL): under one year of age with neonatal absti- MOULTON, Mr. DEUTCH, Ms. BROWN of H.R. 3859. A bill to make technical correc- nence syndrome, and for other purposes; to Florida, Ms. LORETTA SANCHEZ of tions to the Homeland Security Act of 2002; the Committee on Energy and Commerce. California, Ms. HAHN, Ms. SEWELL of to the Committee on Homeland Security. By Mr. NORCROSS (for himself, Mr. Alabama, Mr. BRADY of Pennsyl- By Mr. WALBERG (for himself, Mr. PALLONE, Mrs. WATSON COLEMAN, Mr. vania, Mr. TAKAI, Mr. QUIGLEY, Mr. ROKITA, Mr. SMITH of Nebraska, Mr. GARRETT, Mr. SIRES, Mr. MAC- MCGOVERN, Ms. ADAMS, Ms. MCCOL- ROE of Tennessee, Mr. BROOKS of Ala- ARTHUR, Mr. PAYNE, Mr. FRELING- LUM, Mr. GENE GREEN of Texas, Mr. bama, Ms. JENKINS of Kansas, and HUYSEN, Mr. LOBIONDO, Mr. PAS- LEWIS, Mr. GARAMENDI, Mr. Mr. BUCSHON): CRELL, Mr. SMITH of New Jersey, and CA´ RDENAS, Mr. HUFFMAN, Mr. H.R. 3860. A bill to preserve the compan- Mr. LANCE): SERRANO, Mrs. NAPOLITANO, Mr. ionship services exemption for minimum H.R. 3866. A bill to designate the facility of COHEN, Ms. ROYBAL-ALLARD, Mr. PAS- wage and overtime pay, and the live-in do- the United States Postal Service located at CRELL, Mr. VAN HOLLEN, Mr. HAS- mestic services exemption for overtime pay, 1265 Hurffville Road in Deptford Township, TINGS, Mr. BRENDAN F. BOYLE of under the Fair Labor Standards Act of 1938; New Jersey, as the ‘‘First Lieutenant Pennsylvania, Mr. CUMMINGS, Mr. to the Committee on Education and the Salvatore S. Corma II Post Office Building‘‘; PALLONE, Mr. RYAN of Ohio, Ms. Workforce. to the Committee on Oversight and Govern- MENG, Ms. EDDIE BERNICE JOHNSON of By Mr. RODNEY DAVIS of Illinois (for ment Reform. Texas, Mr. CONYERS, Mr. SIRES, Mr. himself, Ms. GRAHAM, Mr. COFFMAN, By Mr. ZINKE: CLEAVER, Mr. SMITH of Washington, Mr. ROUZER, Mr. NOLAN, Ms. H.R. 3867. A bill to authorize the Dry- Mr. VEASEY, Ms. PINGREE, Mr. BISHOP MCSALLY, Mr. GARAMENDI, Mr. MUR- Redwater Regional Water Authority System of Georgia, Mr. RICHMOND, Mr. BLU- PHY of Florida, and Mr. BLUM): and the Musselshell-Judith Rural Water Sys- MENAUER, Mr. AL GREEN of Texas, Mr.
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KILMER, Mrs. DINGELL, Mr. CASTRO of To preserve the companionship services ex- H.R. 1342: Mr. TAKANO, Mr. QUIGLEY, Mrs. Texas, Ms. KELLY of Illinois, Mr. emption for minimum wage and overtime NAPOLITANO, Mr. JEFFRIES, and Mr. KEATING. ENGEL, Mr. TED LIEU of California, pay, and the live in domestic services exemp- H.R. 1427: Mr. LANCE. Mr. KILDEE, Mr. RANGEL, Ms. tion for overtime pay, under the Fair Labor H.R. 1439: Mr. FOSTER. DUCKWORTH, Miss RICE of New York, Standards Act of 1938. H.R. 1464: Mr. TAKAI. Mr. PRICE of North Carolina, Mr. By Mr. RODNEY DAVIS of Illinois: H.R. 1567: Mr. HECK of Washington and Mr. CLAY, Mr. LARSEN of Washington, Mr. H.R. 3861. BLUMENAUER. FARR, Ms. WASSERMAN SCHULTZ, Mrs. Congress has the power to enact this legis- H.R. 1608: Mr. FOSTER. CAPPS, Mr. HIGGINS, Mrs. BEATTY, lation pursuant to the following: H.R. 1625: Mrs. LOWEY. and Mr. NORCROSS): Article I, Section 8, Clause 1 of, and the H.R. 1733: Mr. RANGEL. Sixteenth Amendment to, the United States H. Res. 506. A resolution expressing the H.R. 1853: Mr. WILLIAMS, Mr. WALBERG, Constitution. sense of the House of Representatives in sup- Mrs. WATSON COLEMAN, Mr. KILDEE, Ms. By Ms. DUCKWORTH: port of considering legislation that would re- MCSALLY, Ms. WASSERMAN SCHULTZ, Mr. H.R. 3862. inforce the goals of the working families DUNCAN of Tennessee, Mr. WESTERMAN, and Congress has the power to enact this legis- agenda; to the Committee on Education and Mr. KINZINGER of Illinois. lation pursuant to the following: the Workforce, and in addition to the Com- H.R. 2017: Mr. BILIRAKIS and Mr. PEARCE. mittees on Ways and Means, House Adminis- Article I, Section 8, Clause 18 of the Con- H.R. 2216: Ms. BONAMICI. tration, Oversight and Government Reform, stitution of the United States. H.R. 2342: Mr. WITTMAN, Ms. MATSUI, Mr. and the Judiciary, for a period to be subse- By Mr. ISRAEL: HINOJOSA, and Mr. YOUNG of Alaska. quently determined by the Speaker, in each H.R. 3863. H.R. 2366: Mr. COHEN. case for consideration of such provisions as Congress has the power to enact this legis- H.R. 2461: Mr. HANNA. fall within the jurisdiction of the committee lation pursuant to the following: H.R. 2515: Mr. NOLAN, Mr. MEEHAN, and Mr. concerned. This bill is enacted pursuant to the powers granted to the Congress by Article I, Section MOONEY of West Virginia. f 8 of the United States Constitution. H.R. 2553: Ms. BONAMICI and Ms. EDWARDS. CONSTITUTIONAL AUTHORITY By Mr. JEFFRIES: H.R. 2563: Mr. GUTIE´ RREZ. STATEMENT H.R. 3864. H.R. 2568: Mr. WILSON of South Carolina. Congress has the power to enact this legis- H.R. 2660: Mr. KENNEDY. Pursuant to clause 7 of rule XII of lation pursuant to the following: H.R. 2692: Mr. GARAMENDI and Mr. VARGAS. the Rules of the House of Representa- US Const. Art. I, Sec. 8, Cl. 18 (‘‘Congress H.R. 2894: Ms. KUSTER. tives, the following statements are sub- shall have the power . . . To make all Laws H.R. 3068: Mr. MEEKS, Mr. AL GREEN of mitted regarding the specific powers which shall be necessary and proper for car- Texas, Mr. THOMPSON of California, Ms. granted to Congress in the Constitu- rying into Execution . . . all other Powers WASSERMAN SCHULTZ, and Mr. HANNA. tion to enact the accompanying bill or vested in this Constitution in the Govern- H.R. 3198: Mr. DAVID SCOTT of Georgia. joint resolution. ment of the United States, or in any Depart- H.R. 3229: Mr. THOMPSON of Pennsylvania. ment or Officer thereof.’’). H.R. 3286: Mr. CA´ RDENAS. By Mr. MESSER: By Mr. JENKINS of West Virginia: H.R. 3411: Mr. PERLMUTTER and Mr. H.R. 3857. H.R. 3865. FATTAH. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3487: Ms. MCCOLLUM. lation pursuant to the following: lation pursuant to the following: Article 1, section 8, clause 18, of the United H.R. 3524: Mr. MURPHY of Florida. Article I, Section 8 of the United States H.R. 3629: Mr. BLUMENAUER. States Constitution Constitution. H.R. 3643: Mr. HUFFMAN and Mr. POLIQUIN. By Mr. CHABOT: By Mr. NORCROSS: H.R. 3760: Mr. GRAYSON and Mr. NADLER. H.R. 3858. H.R. 3866. H.R. 3761: Mr. GARAMENDI, Mr. CUMMINGS, Congress has the power to enact this legis- Congress has the power to enact this legis- and Mr. DANNY K. DAVIS of Illinois. lation pursuant to the following: lation pursuant to the following: H.R. 3785: Mr. RUPPERSBERGER, Ms. CASTOR Article I, section 8, clause 3, and Article I, Article I, Section 8, Clauses 1 and 18 of the of Florida, Ms. WASSERMAN SCHULTZ, Mrs. section 8, clause 18. United States Constitution. DINGELL, Mr. KILDEE, Ms. EDWARDS, Ms. LEE, By Mr. PERRY: By Mr. ZINKE: Mr. RICHMOND, Mr. MEEKS, Mr. PAYNE, Mr. H.R. 3859. H.R. 3867. HASTINGS, and Ms. CLARKE of New York. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: H.R. 3805: Ms. JACKSON LEE and Ms. BROWN Article 1, Section 8, Clause 18—To make all Article 1, Section 8, Clause 3 & 18 of the of Florida. Laws which shall be necessary and proper for United States Constitution H.R. 3829: Mr. WEBER of Texas. carrying into Execution the foregoing Pow- H. Res. 220: Mr. GUINTA, Mr. LAMALFA, Mr. ers, and all other Powers vested by this Con- f CASTRO of Texas, Mr. LIPINSKI, and Mr. RUSH. stitution in the Government of the United ADDITIONAL SPONSORS H. Res. 293: Mr. JOHNSON of Ohio, Mr. States or in any Department of Officer there- LEVIN, Mr. PERRY, Mr. CARTWRIGHT, Mr. of. Under clause 7 of rule XII, sponsors HECK of Nevada, Ms. LINDA T. SA´ NCHEZ of By Mr. WALBERG: were added to public bills and resolu- California, Mr. TAKANO, and Mr. KEATING. H.R. 3860. tions, as follows: H. Res. 343: Mr. PETERS, Mr. GIBSON, and Congress has the power to enact this legis- H.R. 499: Mr. ROTHFUS. Mr. BRENDAN F. BOYLE of Pennsylvania. lation pursuant to the following: H.R. 816: Mr. LONG. H. Res. 467: Mr. BEYER, Mr. DEFAZIO, Mrs. Article I, Section 8, Clause 3 of the Con- H.R. 1197: Mr. TIPTON and Mr. FORBES. LOWEY, and Mr. MCNERNEY. stitution of the United States; the power to H.R. 1258: Mr. DIAZ-BALART and Ms. GRA- H. Res. 494: Mr. UPTON, Mr. BISHOP of regulate Commerce with foreign Nations, HAM. Michigan, Mr. DUNCAN of South Carolina, and among the several states, and with the H.R. 1282: Mr. BLUMENAUER. and Mr. POE of Texas. Indian Tribes. H.R. 1304: Mr. MASSIE and Mr. AMASH. H. Res. 500: Mr. MILLER of Florida.
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Vol. 161 WASHINGTON, THURSDAY, OCTOBER 29, 2015 No. 160 Senate The Senate met at 10 a.m. and was FISCAL AGREEMENT by a penny. I hope Senators will join called to order by the President pro Mr. MCCONNELL. Mr. President, I me in voting for it. tempore (Mr. HATCH). said that the Senate would take up the f f fiscal agreement after the House acted, TRIBUTE TO JOHN BOEHNER and we are. This agreement isn’t per- PRAYER fect. I share some concerns other col- Mr. MCCONNELL. Mr. President, The Chaplain, Dr. Barry C. Black, of- leagues have raised. But here is the allow me to say a few words about the fered the following prayer: bottom line. This is a fully offset Speaker of the House. There is a lot Let us pray. agreement that rejects tax hikes, se- you can say about JOHN BOEHNER. He Gracious God, You are worthy of our cures long-term savings through enti- loves his breakfast every morning at praise. Let Your Name be honored on tlement reforms, and provides in- Pete’s Diner. He is a fan of the tie dim- Earth as it is in Heaven. Fill our law- creased support for our military. All ple. He is one of the most genuine guys makers with a spirit of reverence for this is at a time when we confront you will ever, ever meet. I know be- You and Your purposes. As they seek threats in multiple theaters. cause we have fought many battles to- Your wisdom, direct their steps Each of these items was a Republican gether in the trenches. He never breaks through the unfolding of Your Divine goal heading into the negotiation. his word. He never buckles in a storm. providence. May no weapon formed Each of these items was achieved in What is amazing is how we have had against them be able to prosper. Lord, the agreement before us. I am encour- such a frictionless relationship, espe- continue to do great things for and aged that it would enact the most sig- cially when you consider that old through them, causing justice to roll nificant reform to Social Security House saying: The other party—that is down like waters and righteousness since 1983, resulting in $168 billion in just the opposition. But the Senate— like a mighty stream. Thank You that long-term savings. I am encouraged that is the enemy. we can come to You in weakness and that it would repeal more of That may have been true of past find strength. ObamaCare. I am encouraged that it House and Senate leaders, but it wasn’t We pray in Your great Name. Amen. would help provide resources our true for us. Though you might not ex- troops so desperately need in an era of pect it, I am a little more Bourbon and f diverse and very challenging global JOHN is a little more Merlot. I lecture PLEDGE OF ALLEGIANCE threats—when we see ISIL consoli- on Henry Clay. John sings ‘‘Zip-a-Dee- dating gains in Iraq and Syria; when Doo-Dah.’’ But I have always consid- The President pro tempore led the we see the forces of Assad marching ered JOHN an ally. I have always con- Pledge of Allegiance, as follows: alongside Iranian soldiers and sidered JOHN a friend. It is hard not to I pledge allegiance to the Flag of the Hezbollah militias, supported by Rus- like him, and it is hard not to admire United States of America, and to the Repub- sian aircraft overhead. what John has accomplished in his ca- lic for which it stands, one nation under God, reer. indivisible, with liberty and justice for all. Colleagues know that I will respect whatever choice they ultimately make As a concerned Ohioan, he took on a Mr. HATCH. Mr. President, I suggest when this agreement comes up for a scandal-plagued incumbent in a pri- the absence of a quorum. vote. There are valid differences of mary and won. As a freshman Con- The PRESIDING OFFICER (Mr. opinion, and that is OK. But I ask gressman, he took on money laun- ROUNDS). The clerk will call the roll. every colleague to also consider what dering schemes and banking scandals The senior assistant legislative clerk this fully offset agreement would mean involving powerful Members and pre- proceeded to call the roll. for the men and women who volun- vailed. As an engineer of the Contract Mr. MCCONNELL. Mr. President, I tarily put themselves in harm’s way so with America, he took on Democrats’ ask unanimous consent that the order that we may live free. decades-long power lock and tri- for the quorum call be rescinded. Commanders tell us that additional umphed. The PRESIDING OFFICER. Without resources are required—required to en- As an ex-member of leadership once objection, it is so ordered. sure their safety and preparedness. considered politically dead, he knew he f This fully offset agreement would help had more to offer and convinced his provide them—along with enacting the colleagues that he did. As the inheritor RECOGNITION OF THE MAJORITY most significant Social Security re- of a diminished and dispirited House LEADER form in over three decades, along with minority, he dared to believe conserv- The PRESIDING OFFICER. The ma- repealing another piece of ObamaCare, atives could rise again and help grow jority leader is recognized. and along with refusing to raise taxes the largest Republican majority since
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S7601
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VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.000 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7602 CONGRESSIONAL RECORD — SENATE October 29, 2015 bob-haired flappers were dancing the A bill (H.R. 597) to reauthorize the Export- Ellen Doneski, Ayesha Khanna, Trey Charleston back in the 1920s. Import Bank of the United States, and for Reffett, Tyler Moran, George Holman, JOHN BOEHNER has wandered the val- other purposes. Gavin Parke, Alex McDonough, and ley. JOHN BOEHNER has also been to the Mr. MCCONNELL. Mr. President, in utility man Bill Dauster all worked lit- mountaintop. JOHN BOEHNER has slid order to place the bill on the calendar erally night and day to get this to the right back into the valley, and then as- under the provisions of rule XIV, I ob- point where we were able to be here on cended to great heights yet again. He ject to further proceedings. the floor today, seeking support for it. does it all with hard work. He does it The PRESIDING OFFICER. Objec- I am so grateful for the wonderful with an earnestness and an honesty I tion having been heard, the bill will be staff that I have, but there were others have always admired. placed on the calendar. involved. Senator MCCONNELL’s nego- When JOHN talks about struggling to f tiator in this was Hazen Marshall. Hazen Marshall is a good person. He make it, it is not some platitude. When RECOGNITION OF THE MINORITY OHN was resolute. He carried forward what J gets choked up about Americans LEADER reaching for their dreams, it is not the Republican leader wanted, but, like some act. This is a guy who had to The PRESIDING OFFICER. The my staff, you never get exactly what share a bathroom with 11 brothers and Democratic leader is recognized. you want. Everybody enjoyed working sisters. Imagine that. This is a guy f with him. whose parents slept on the pullout BUDGET AGREEMENT Dave Stewart was Speaker BOEHNER’s sofa. This is a guy who worked hard be- negotiator on this. I care a great deal hind the bar and eventually found his Mr. REID. Mr. President, last night about Dave Stewart. David is a good way atop the rostrum. Maybe that is the House of Representatives passed man, and we all admire the work that why he is so humble. Maybe that is the bipartisan budget agreement that he has done. I hope the new Speaker to why when he orders breakfast at will keep our Government open, fund- be, PAUL RYAN, will use his good of- Pete’s, they don’t call him Mr. Speak- ed, and free from default. Now, 100 per- fices. He is very good. He is a talented er; they call him ‘‘John-John.’’ cent of the Democrats in the House of man. Here is what I know about Speaker Representatives voted for this, and 68 Dick Meltzer was Leader PELOSI’s JOHN BOEHNER. He says the code he percent of Republicans voted against able negotiator. I have to commend lives by is a simple one: Do the right it. Let’s pause just a minute and under- NANCY PELOSI. I so admire this good thing for the right reasons, and the stand what I said: 68 percent of the Re- woman. She is a stalwart in the House right things will happen. I have always publicans in the House of Representa- of Representatives. She will go down in found that to be true. I found it to be tives voted to default on the full faith history as one of the great leaders of true in our battles fighting side by side and credit of our great country. So 68 that body. I admire her, appreciate her for conservative reform, sometimes percent of the Republicans voted to friendship, and extend to anyone with- from a position deep in the minority. close our government. in the sound of my voice my apprecia- We had our share of Maalox moments. This legislation is now before the tion for the work that she did on this That is for sure. But he always strived Senate. I urge all of my colleagues to bill. to push forward. support this responsible agreement. It As to the White House, I have al- As I said about JOHN BOEHNER the is not perfect, as my friend the Repub- ready indicated the President did a day he announced his retirement, grace lican leader said. No legislation is. But wonderful job on this, but he also as- under pressure, country and institution this budget agreement accomplishes signed two really terrific, good, out- before self—these are the things that two major priorities the Democrats standing people. I can’t say enough come to mind when I think of him. I have long supported. It promotes eco- about them. Brian Deese was one of the wish Speaker BOEHNER the very best in nomic growth by providing relief from White House negotiators, along with retirement. I thank him for always sequestration’s damaging cuts for 2 Katie Fallon. Katie is a woman whom working hard to do the right thing—for years, and it ensures that we invest we all know in the Senate. She worked his family, for his district, for his equally in the middle class and the for Senator SCHUMER for a number of party, and for his country. Farewell, Pentagon. The budget agreement is years, and she worked for the Demo- my friend. good for the middle class, good for the cratic Policy Committee. She was on economy, and good for the country. f the committee for a number of years. I thank the people who worked so We admire her very much. She was so PAUL RYAN hard to make this agreement what it is helpful with everything we did in this Mr. MCCONNELL. Though we bid today. The agreement was among legislation. She was always easy to get farewell to one Speaker today, we President Obama, Speaker BOEHNER, ahold of. She was easy to reach. know we will soon be saying hello to a MITCH MCCONNELL, Leader PELOSI, and It is now time for this important leg- new one. The House will vote later this I helped. I applaud and commend the islation to pass the U.S. Senate. morning on the nomination of Con- President of the United States. He was I have to say a few words about gressman PAUL RYAN. I think it is ap- firm, he was resolute, and he was—as Speaker BOEHNER. I have to admit that propriate to wait for that vote to occur usual—very smart. I appreciate the I was skeptical when he said that he before making full comments. But I good work that he did to help us get to wanted to clean out the barn before he also think it goes without saying that the point where we are now. left, but he found a way to clean out PAUL RYAN is one of the most respected To reach these negotiations, each of the barn by passing a clean debt limit guys around here. Everyone knows he us had discussions with each other. We and a 2-year budget agreement, which is smart. Everyone knows he is serious. also know that a lot of the work was should go a long way to returning the I look forward to working closely with done by our staffs—our respective appropriations process to the way it him in pursuit of conservative solu- staffs. My chief of staff, Drew Wilson, should work. tions for our country. represented the Senate Democrats in I will always consider him my friend, f these negotiations. The Senate Demo- and I will miss him. I wish him the cratic caucus is aware of Drew’s exper- very best in everything he does in the MEASURE PLACED ON THE tise, hard work, fairness, and openness. future. I listened to his final remarks CALENDAR—H.R. 597 Drew was ably assisted by Gary on the House floor, which were very Mr. MCCONNELL. Mr. President, I Myrick—indispensable Gary Myrick, moving. It wasn’t only JOHN BOEHNER understand that there is a bill at the who is the Democratic Secretary, as who shed a tear over there today, but desk due a second reading. well as a number of people on my team many Members of the House of Rep- The PRESIDING OFFICER. The of senior policy analysts who helped a resentatives and a number of us who clerk will read the bill by title for the great deal. Kate Leone—I don’t think watched his final speech shed a tear or second time. there is anyone in the Senate who two. The senior assistant legislative clerk doesn’t know who Kate Leon is. She is There has been a lot of talk about read as follows: the expert on health care. Bruce King, the appropriations process. I have been
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.004 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7603 an appropriator since I came to the work with you. If there is a problem LATINA EQUAL PAY DAY Senate. I was very fortunate as a brand you see with ObamaCare, let’s work to- Mr. REID. Mr. President, earlier this new Senator, which was many decades gether. We have been able to make year we recognized Equal Pay Day—a ago, to be on the Appropriations Com- some improvements in this law, and we day that highlights the disparaging mittee. What an honor. want to make more improvements. We wage gap between women and men in The Appropriations Committee’s just need cooperation from our Repub- the United States. Equal Pay Day work is not as it used to be. We have to lican friends. marks the day when women’s wages fi- get back to doing individual appropria- The spike in the number of insured nally catch up with men’s wages from tions bills. Nevada children is also due to the fore- the previous year. I say to my Republican friends: Let’s sight of the Governor of the State of On average, American women make do the appropriations bills. Let’s get Nevada. Brian Sandoval is a Repub- about 77 cents for every $1 that their rid of these foolish riders that they lican. He is a proud Republican who male colleagues make while doing the stick on appropriations bills. We need supported the State’s Medicaid expan- very same job. This unjust and im- to understand that there is a time and moral reality is even more pronounced place for doing that. There is author- sion option. He took on all the naysayers. for women of color. ization. Do the bills, authorize stuff, Tomorrow is Latina Equal Pay Day, but don’t mess up the appropriations Why did Brian Sandoval do this? Is the point at which wages of Latina process. Next year, we will be happy to he really one of ours? He did this be- women in America catch up to men’s support individual appropriations bills cause he thought it was the right thing earnings from the previous year. It is that come to the floor. We don’t need to do for the State of Nevada, and it today. They have had to work all of motions to proceed. We will be happy has been proven that, in fact, is true. this time to catch up. The fact that a to move to the bill as long as they get By expanding Medicaid in Nevada, Hispanic woman must work a full year, rid of those vexatious riders that have many, many more parents were able to plus 9 months and 30 days, just to make nothing to do with the bill brought be- secure affordable health care for their what her male co-workers make is cer- fore us. The Defense appropriations bill kids. Quite frankly, Governor tainly unacceptable. doesn’t need something dealing with Sandoval’s courage stands in stark In Nevada, Latina women earn 53 women’s health in the sense of directly contrast to many of his fellow Repub- cents for every $1 their fellow male attacking Planned Parenthood. We licans. workers make. It is not just a problem don’t need on Commerce, State, Jus- Governors in a number of States in Nevada; it is a problem nationwide. tice something that basically does dominated by Republican State legisla- Nationwide they earn 55 cents for every away with the Environmental Protec- tures have refused to expand coverage $1 a man makes for doing the exact same work. All told, the wage gap that tion Agency. There are many examples to the needy. These Republicans have that I could use. Let’s get to doing ap- Latina women face results in a loss of blocked expanded coverage despite the propriations bills the way we used to. I over $25,000 a year for these women. fact that it means fewer Americans and want to do them. We don’t need to have That is $25,000 that could be used to their children have access to the health a motion to proceed as long as my Re- help these women sustain their fami- care they need. This means that people publican colleagues get rid of these lies. are dying as a result of this. foolish, ideological amendments that To make matters worse, the wage have nothing to do with the bill before Two States with the highest rates of gaps that exist between Latina women us. uninsured children, Alaska and Texas, and their male counterparts dispropor- f have rejected Medicare expansion, and tionately affect Hispanic families. others have done the same. There were Why? Because Latina women are more AFFORDABLE CARE ACT many Republicans in Nevada who likely to be the primary breadwinners Mr. REID. Mr. President, yesterday wanted to go the same route. The Re- for their families. Thirty percent of all the Georgetown University Center for publican State legislature within the Hispanic families in the United States Children and Families released a stun- Nevada congressional delegation op- are headed by a single mother, and 40 ning report detailing the sharp in- posed all efforts to increase access to percent of married Latina women earn crease in the number of Nevada chil- health care. They have voted to repeal more than 50 percent of their family’s dren who have health insurance. At one ObamaCare time and time again, but income. time, we were the most underinsured Governor Sandoval was not swayed by As legislators, it is our duty to seek State in the country for health insur- the cynics in his own party. He refused the well-being of all Americans. Demo- ance. to let politics stand in the way of chil- crats don’t take that responsibility According to the Georgetown study, dren’s health, and today Nevada’s chil- lightly. We understand that when the number of Nevada children without dren are better for it. wages of women do not reflect their health insurance fell by 35 percent in hard work, it undermines the strength I repeat, the Affordable Care Act is just 1 year. In 2013, 15 percent of chil- of families and communities through- helping American families, it is help- dren in Nevada lacked health insurance out the Nation. That is why we have ing Nevada families, and it is working coverage. One year later, that number continually and consistently fought to especially well in States that are actu- fell to 9.3 percent. secure equal pay for equal work. ally using the law as it was intended. Reading directly from that report: Five times in 5 years Republicans States with the sharpest declines in the I hope more Republicans will follow have stood in the way of equal pay for rate of uninsured children were Nevada, Col- Governor Sandoval’s examples, thus women. They have stood in the way of orado, West Virginia, Mississippi, and Rhode helping their States and their constitu- equal wages for their own sisters, Island. Nevada’s decline was considerably ents by expanding access to quality daughters, and wives. Even Republican larger than any other State. health care. I am an admirer of Gov- women—that is Republican Members of A 35-percent increase in the number ernor Sandoval, and that is saying a Congress—have refused to address this of insured children in 1 year is remark- lot. His opponent in the last election important issue. The proposal that Re- able. It means more children have ac- was my son. But I have to say this: In publicans have put forward falls short cess to the care they need to stay spite of the fact that my son came in of ensuring real equal pay protections healthy. A number of these children second, Brian Sandoval has done an and ignores the realities women face in will be able to go to the doctor for the outstanding job as Governor. I admire fighting for fair pay. In so doing, Re- first time in their lives. It is yet fur- him and appreciate what he has done. I publicans have proudly placed their ther proof that the Affordable Care Act don’t agree with everything he has stamp of approval on unequal pay- is working in Nevada and across Amer- done. I had some disagreements with checks across America. ica. what he did in the legislature. None of The wage gap Latina women endure Again, I say to my friends, the Re- us are perfect, and he certainly isn’t, is a disgrace to this Nation. No woman publicans: Let’s start working together but I appreciate what he has done for should make less than a man who does to improve health care. We want to the betterment of the State of Nevada. the exact same work. Latina women
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.005 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7604 CONGRESSIONAL RECORD — SENATE October 29, 2015 deserve the hard-earned wages for nance staff—majority and minority—in would vanish 2 years after it began, but which they work. They also deserve our respective cloakrooms, we are it continues to haunt budget debates to elected officials who will advocate on going to work very hard to accommo- this day. their behalf. date all of our colleagues on both sides It is important that this legislation As we recognize Latina Equal Pay of the aisle. eases the burden by $80 billion over 2 Day, I call on Republicans to support a Here, in my view, is what this issue is years. That means more opportunities pay equity bill that empowers women all about. Fiscal battles in the Con- to invest in education, in medical and to receive equal pay they have so right- gress come and go, but nothing should scientific research, in housing assist- ly earned, not just because it strength- ever be allowed to threaten America’s ance, in public health, and more. ens families and benefits our country sterling economic reputation, and this Second, this bipartisan plan is going but because it is the right thing to do. legislation will preserve it. Without to prevent a big spike in Medicare costs for millions of older people. Sev- f this agreement, the Congress is staring at a potential debt default—a debt de- eral weeks ago, the news came down RESERVATION OF LEADER TIME fault that would be literally days that seniors were facing a hike in pre- The PRESIDING OFFICER. Under away, when the Treasury would lose its miums and deductibles in Medicare the previous order, the leadership time authority to borrow in order to make Part B, the outpatient portion of Medi- is reserved. payments. care, of potentially more than 50 per- cent. That would amount to an in- f By now, I think a lot of Senators un- derstand the disastrous consequences crease of hundreds of dollars—perhaps TRADE ACT OF 2015 of default: housing costs shooting up- more—in a year when Social Security The PRESIDING OFFICER. Under ward, retirement accounts shrinking, benefits are not expected to grow. the previous order, the Senate will re- jobs disappearing, and consumer con- From my years as codirector of Or- sume consideration of the House mes- fidence dropping. We also understand egon’s Gray Panthers, I can tell my sage to accompany H.R. 1314, which the that no one can get particularly colleagues that for many seniors living clerk will report. thrilled by the prospect of raising the on a fixed income, that would have The senior assistant legislative clerk debt ceiling. Yet it is a job that must really hit them like a wrecking ball. When we got those initial reports, read as follows: be done. several of my Democratic colleagues House message to accompany H.R. 1314, an Our country is an economic rock in and I got together and introduced leg- act to amend the Internal Revenue Code of tumultuous seas, and we certainly have islation that would fully shield older 1986 to provide for a right to an administra- disagreements. Disagreements prac- people from this huge financial hit. tive appeal relating to adverse determina- tically come with every news cycle and tions of tax-exempt status of certain organi- Following our work, the bipartisan election. But what doesn’t change is zations. compromise before the Senate includes that our country pays its debts and we a version of this important fix. It is not Pending: pay them on time. That is why this as generous as the proposal my col- McConnell motion to concur in the amend- legislation is so important. leagues and I introduced. There are ment of the House of Representatives to the The bipartisan compromise reduces questions about how it will affect the amendment of the Senate to the bill. the threats of a potential government McConnell motion to concur in the amend- landscape a few years down the road. shutdown in December. When this be- ment of the House of Representatives to the But, make no mistake about it, this comes law, the pin, in effect, goes back amendment of the Senate to the bill, with approach goes a long, long way toward in the grenade, where it belongs. That McConnell amendment No. 2750, to change protecting seniors, particularly the the enactment date. is positive news, as we look for some dual eligibles—seniors eligible for McConnell amendment No. 2751 (to amend- predictability and certainty, and we all Medicare and Medicaid—and this is a ment No. 2750), of a perfecting nature. hear from our businesses, our employ- McConnell motion to refer the amendment very important part of this legislation. ers, and our citizens that this is so im- Third, the budget compromise takes of the House of Representatives to the portant. amendment of the Senate to the bill, to the an extraordinarily important step to Committee on Finance, with instructions, Congress ought to look at this com- shore up one of our country’s most McConnell amendment No. 2752, to change promise, in my view, as a springboard vital safety net programs: the Social the enactment date. to a full and productive debate over the Security Disability Insurance Pro- McConnell amendment No. 2753 (to (the in- budget in the upcoming 2 years. The gram. Without a fix, what is called structions) amendment No. 2752), of a per- fact is, last-minute deals have become SSDI—Social Security disability insur- fecting nature. too commonplace and they have left a ance benefits—that workers have McConnell amendment No. 2754 (to amend- lot of important policy reforms and ment No. 2753), of a perfecting nature. earned would have been slashed by 20 policy improvements on the cutting percent, and that 20-percent cut would The PRESIDING OFFICER. The Sen- room floor. have hit those affected very quickly. ator from Oregon. For example, with America’s West This proposal is going to follow what Mr. WYDEN. Mr. President, today we getting hotter and drier each year, our has been a frequently used bipartisan are kicking off a debate on major bi- broken system of budgeting for approach of shifting funding within the partisan legislation. Chairman HATCH wildfires is in drastic need of improve- Social Security Program to make sure and I are also involved in an important ment. The same goes for many pro- that those who depend on this program Senate Finance Committee hearing. He grams and services that are a lifeline are protected through 2022. I intro- will be here a little bit later today. for rural America. Fortunately, this duced legislation earlier this year, I ask unanimous consent that our legislation lays the groundwork for the along with 28 of our colleagues, which colleague, Senator DURBIN from Illi- Congress to go back to having robust would have gone further by guaran- nois, be allowed to speak after I do. I budget debates that can actually solve teeing that the program remain sol- believe that his remarks will also be these challenges. vent through 2034, but this compromise completed before Chairman HATCH ar- With my time this morning, I wish to package strengthens the program for rives. address some specific elements of the several years, and we will have a The PRESIDING OFFICER. Without bill, starting with what I see as several chance to come together—hopefully on objection, it is so ordered. particularly constructive policies. a bipartisan basis—and go even further. Mr. WYDEN. I thank the Presiding First, the legislation staves off the Fourth, the budget package makes Officer. full brunt of the automatic budget cuts real progress on what is called com- Chairman HATCH and I will be man- known in the corridors of Washington plying with our tax laws—tax compli- aging this bill, and we want our col- as sequestration. This policy was de- ance. It is important to note that these leagues to know that we are anxious to signed in effect to be painful from the are not tax hikes. This is a question of give everyone an opportunity to speak get-go, and it would weaken Medicare, enforcing tax law so that when taxes out on this extraordinarily important the lifeline for older people, and other are owed, they are actually paid. issue. If Senators who wish to speak domestic programs. It was supposed to In the tax compliance area, there are come down and consult with the Fi- be considered so god-awful that it several important proposals that are
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.006 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7605 going to crack down on taxpayers who for Social Security. Yet, twice now, The senior Senator from Arizona seek to dodge their responsibilities and these vital programs have been used to came to the floor to protest this deci- pass the buck to other Americans. For fund budget deals, and Medicare se- sion by the Department of Defense and example, enforcing the tax laws with questration is sticking around long to also protest other actions that have respect to large partnerships has been past its original expiration date. been taken relative to other for-profit a challenge for some time. There are This legislation preventing a calami- universities. I come this morning to re- more than 10,000 of these complex busi- tous default is coming down to the spond. nesses in our country. More than 500 of wire. I would tell colleagues that this What is at stake is something that is them have at least 100,000 partners. So is a must-pass bill. I support it, and I very essential. When men and women there has not been an effective way to urge Democrats and Republicans to do volunteer for our military and hold up conduct audits under the current rules so as well. their hands and say ‘‘I am willing to because the rules are basically decades I would also say as we talk about die for this country,’’ they make a old and haven’t kept up with the times. where we go from here that it is impor- promise and we make a promise. Our In my view, the proposal before the tant to recognize that Medicare and promise is that if you will serve this Senate makes meaningful improve- Social Security must not be used as country and risk your life for America, ments. More taxpayers will pay what ATMs for other spending in the future. we will stand by you when you come they owe instead of using sleight-of- The bottom line has to be that the home. If you are injured, we will pro- process of reaching a budget and keep- hand approaches to dodge their respon- vide medical care. If you want to pur- ing the lights on in this wonderful in- sibilities. sue education and training, we will We all understand that the Tax Code stitution—the people’s branch—keep- help you do it; in fact, we will help almost boggles the mind in terms of its ing the lights on in the process of your family do it. And there are many complexity. I think it would be fair to reaching a budget has to change. The other benefits that we rightly promise say there may be more work that goes Congress cannot continue to just go to these members of the military. into getting this policy right as it re- from crisis to crisis to crisis. It is our Department of Defense tuition assist- lates to partnerships and several of the job as lawmakers, working in a bipar- ance and the GI bill, which has been tisan way, to set the right temperature other issues, and my colleagues and I characterized as the GI bill since World in our economy with smart, forward- on the Finance Committee intend to War II, is really the vehicle that gives looking policies that help our busi- keep giving the scrutiny the partner- to many of these servicemembers, nesses succeed and give everybody in ship issue deserves on an ongoing anal- while they are serving and after they America—I want to emphasize that; ev- ysis. have completed their service, a chance Those are four specific areas of erybody in America—the opportunity to build their lives. They are generous progress in this compromise that to get ahead. It is pretty hard to do programs, and they should be. MyCAA staves off a risky budgetary battle. when we lurch from one crisis to an- is generous to their families, and it I do feel it is important to share one other. should be. But these are virtually once- Let’s use this legislation as an oppor- of my concerns with the bill at this in-a-lifetime opportunities. We hope tunity to get back to writing the budg- time, and it is a provision that really these members of the military choose et in a bipartisan fashion through the has little to do with the budget. It is well in terms of the courses they need traditional approaches that have been called section 301, and it allows debt to take and the training they need to used in what is called regular order, collectors to make robocalls directly prepare for their lives after they have pass this bill now so as to ensure that to Americans’ cell phones. Here is my served our country. We have a respon- America’s sterling economic reputa- view. Debt collectors should not be sibility when it comes to those who are tion is intact, and then let’s look to gifted broad permission to harass our currently in the service to monitor the the future around some of the prin- citizens, particularly through activities of the schools that are offer- ciples I have laid out. robocalls, running up costly charges in Again, Chairman HATCH will be here ing education and training as part of many cases. The Federal Communica- in a bit. He and I, as the managers of these programs. We would be derelict tions Commission has limits on the the bill, want to make it clear we want in our responsibility if we did not. number and duration of calls, and they to try to accommodate as many col- The Department of Defense wrote a are not sufficient. In a healthier budget leagues as we can, and we ought to be memorandum of understanding to all process, this kind of proposal would get able to. I look forward to the remarks schools saying: If you want to offer weeded out. So I would like to say to of the distinguished senior Senator Tuition Assistance program training our colleagues in the Senate, both from Illinois. I believe that before too and education, if you want to offer Democrats and Republicans, that I am long Chairman HATCH will be here as training for the families of service- going to do everything I can to reverse well. members, here are the rules to play by. this action in the weeks ahead. With that, I yield the floor. And I think virtually every institution Finally, in my capacity as ranking The PRESIDING OFFICER. The as- of higher learning knows going in to member of the Finance Committee, I sistant Democratic leader. follow the rules, whatever the institu- wish to discuss how these fiscal agree- UNIVERSITY OF PHOENIX tion may be. ments ought to be financed in the fu- Mr. DURBIN. Mr. President, yester- Let me say a word about the Univer- ture. Medicare and Social Security ab- day the senior Senator from Arizona, sity of Phoenix. This is not just an- solutely cannot become the honey pots the chairman of the Senate Armed other for-profit school; it is the largest that Congress raids whenever it needs Services Committee, came to the floor by far. At the height of its enrollment, to pay for legislation. If we go around to speak to an issue and mentioned my the University of Phoenix, a for-profit the country—to Oregon, to Illinois, to name several times during the course university largely offering online Georgia, to the Dakotas, to Texas—and of his remarks on the floor. I come here courses, had as many as 600,000 stu- we ask typical Americans what they this morning to respond to the senior dents. That is dramatically more than want their representatives in Congress Senator from Arizona. the combined enrollment of all the Big to do, protecting Medicare and Social The issue is a decision by the Depart- Ten colleges and universities. Over the Security is right at the top of the list. ment of Defense on October 7 of this years—in the last 5 years, the size of I hear it in every townhall meeting. I year to place the University of Phoe- their student body has declined; it is have had more than 700 of them in my nix, a for-profit university, on proba- now slightly over 200,000. As an indi- home State. And I have to believe tion and prohibit the company from en- vidual institution, it is the largest in many colleagues in South Dakota and rolling new Department of Defense tui- America, and it certainly is the largest Illinois and elsewhere hear the same tion assistance and MyCAA bene- of the for-profit colleges and univer- thing. ficiaries. Under this Department of De- sities. You can hardly escape the ad- There is a longstanding tradition fense order, the company—University vertising, the naming rights to the sta- that says changes in Medicare policy of Phoenix—was barred from accessing dium where the Arizona Cardinals play should be for strengthening Medicare military bases. This is a serious action, their football games in Arizona. They in the future. The same principle goes and there is a reason for it. have advertising on television, radio,
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.009 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7606 CONGRESSIONAL RECORD — SENATE October 29, 2015 and billboards. It is a company that all the student loan defaults are stu- University of Phoenix and the DoD, as markets in every direction and as a dents who attend for-profit colleges reflected in the DoD MOU. . . . This re- consequence has built a large student and universities. Why? It is so darned view revealed several violations of the enrollment. expensive that students can’t continue DoD MOU attributed to the University How about the University of Phoenix the education and drop out or they of Phoenix, including, but not limited in terms of dollars it receives? That is complete the education and many to, transgression of Defense Depart- interesting. Unlike universities and times find that the diploma is worth- ment policies regarding use of its offi- colleges around the United States, less. cial seals or other trademark insignia whether in North Dakota, South Da- Let’s go back to the Department of and failure to go through the respon- kota, Nebraska, Illinois, or wherever, Defense. We want to protect our men sible education advisor for each busi- these for-profit universities get a sub- and women in uniform from being ex- ness related activity requiring access stantial portion of their revenue di- ploited by any college or university, to the DoD installations. . . .’’ They go rectly from the Treasury through Pell for-profit or not. The Department of on to say that they found that ‘‘the fre- grants and student loans. Dramatically Defense wrote a memorandum of un- quency and scope of these previous vio- higher percentages of their revenue derstanding and said: If you want to lations of the DoD MOU is dis- come from Treasury than virtually any offer courses to our men and women in concerting.’’ other college or university. This is uniform, here are the rules to play by. Despite this, the senior Senator from unique to the for-profit college and On October 7, the Department of De- Arizona is urging the Department of university sector. They are the most fense announced that they placed the Defense to ignore what they found in heavily subsidized for-profit private University of Phoenix on probation and their investigation and to reverse their businesses in America today. prohibited them from enrolling new decision putting the company on pro- Let me give an example of what I am servicemembers in the DOD Tuition bation. talking about. Eighty-two percent of Assistance and MyCAA Programs. The senior Senator from Arizona the revenue going to the University of They barred them from accessing mili- went on to call Phoenix’s violations Phoenix—$2.7 billion—comes out of tary bases. The decision, the Depart- ‘‘minor breaches in decorum’’ and title IV. When it comes to Department ment said, was based on violations of ‘‘technical in nature.’’ of Defense tuition assistance, Univer- the memorandum of understanding, The Department of Defense found sity of Phoenix is the fourth largest re- which I described this morning, based that the University of Phoenix violated cipient in the United States—$20 mil- on their own review. terms of its memorandum of under- lion. Under the GI bill, it is the largest Yesterday the senior Senator from standing—a legal document laying out recipient from the Department of De- Arizona came to the floor to protest the rules and standards every institu- fense and the Treasury—$346 million. the decision by the Department of De- tion must adhere to in order to be eli- Their CEO, Mr. Cappelli, is paid $8 mil- fense. There were several things he said gible to participate in voluntary mili- lion a year in total compensation, during the course of his floor state- tary education programs. For instance, which is dramatically more than vir- ment which I would like to address. this document specifies that the base’s tually any other university president The senior Senator from Arizona education officer, not the base com- in the ordinary course of higher edu- claimed that the Department of De- mander, is the sole approving author- cation—what is a record. fense’s ‘‘actions were taken without ity for any and all access to the base. University of Phoenix students cu- due process’’ and based on ‘‘an outside In their violation of this memorandum mulatively owe more in student debt investigative report.’’ The Senator of understanding provision, the Depart- than any educational institution in went on to say that it ‘‘wasn’t a de- ment of Defense called the University America. University of Phoenix stu- partment investigation. There was no of Phoenix’s violations disconcerting dents owe $35 billion in student loans. scrutiny.’’ He said that on the floor to in their frequency and scope. Only half of the University of Phoenix protest the Department of Defense de- The company had a corporate strat- borrowers are paying down their debt 5 cision. egy of spending millions of dollars to years after graduation or after they Here are the facts. The Department sponsor events on military bases to have dropped out of school. Phoenix’s of Defense conducted nearly 4 months skirt Department of Defense rules and overall 3-year repayment rate—that of review of the University of Phoenix’s the 2012 Executive order that was de- means how many borrowers are mak- practices after the report by the Center signed to prohibit institutions from re- ing payments on their debt after 3 for Investigative Reporting raised alle- cruiting servicemembers on military years—is 41 percent. Less than half of gations relating to the company strat- bases. the University of Phoenix students and egy using corporate sponsorship of Mr. President, let me spell out some graduates after 3 years are paying events on military bases to skirt the of the things that were being done by back. Their 5-year repayment rate is 47 Federal rules on recruitment that had the University of Phoenix. Remember percent. Nearly one out of every two been spelled out in the memorandum of what we are talking about. This uni- students who graduated or dropped out understanding. versity is receiving $20 million a year in 2009 has defaulted within 5 years. The Department of Defense placed through DOD tuition assistance and The University of Phoenix’s 5-year co- the University of Phoenix on probation $346 million through the GI bill. Of hort default rate—students who grad- when its review ‘‘revealed several vio- course, it is a big profit center for uated in 2009 and defaulted by 2014—is lations of the Department of Defense them to continue this pursuit of the 45 percent. The Arizona location— Memorandum of Understanding.’’ DOD military, and they spent a lot of money which includes online students across also gave the company 14 days to pro- to support it, and that is what got the country—the 4-year bachelor’s- vide the Department of Defense with them in trouble. seeking graduation rate is 1 percent materials in response to the decision. The University of Phoenix spent over and the 6-year bachelor’s-seeking grad- To argue that there was no due proc- $250,000 in the last 3 years just in one uation rate is 10 percent. ess in this is betrayed by the facts. location—Fort Campbell, KY—spon- In the for-profit college and univer- The senior Senator from Arizona soring 89 events. One event featured a sity industry, there are three numbers went on to say: ‘‘If the University of performer named Big Smo; that alone to remember. Ten percent of the stu- Phoenix is guilty of some wrongdoing, cost $25,000. Across the country, the dents graduating from high school go I want to be one of the first to make University of Phoenix sponsored events to these for-profit schools. Twenty per- sure that proper penalties are en- on military bases, including rock con- cent of all the Federal aid for edu- acted.’’ certs, Super Bowl parties, father- cation goes to these schools. Why? Here is the fact: The Department of daughter dances, Easter egg hunts, a They are very expensive. The tuition Defense confirmed that the University chocolate festival, and even brunch they charge is dramatically more than of Phoenix is guilty of wrongdoing. The with Santa. colleges and universities across the Department of Defense’s notice to the The University of Phoenix paid the country. But here is the number to re- university stated that ‘‘it conducted a Department of Defense to have its staff member: As an industry, 40 percent of review of the agreements between the serve as exclusive re´sume´ advisers in
VerDate Sep 11 2014 01:05 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.010 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7607 Hiring Our Heroes job fairs and work- ment of Defense that led to this deci- There was a letter that was prepared shops, many on military bases. A Cen- sion. by a number of organizations—I will ter of Investigative Reporting hidden He also went on to say yesterday in not read all of their names—but it was camera documented that all of the his remarks: sent October 27 this week to the Honor- re´sume´ workshop materials, presen- Last year, the Education Department, Con- able Ashton Carter, the Secretary of tation slides, and sample ‘‘successful’’ sumer Financial Protection Bureau— Defense, thanking the Department for re´sume´s were labeled with University And an individual named Ms. Har- their recent action when it came to the of Phoenix marketing, and trainers ris— University of Phoenix. These organiza- urged attendees to go to the University mounted a coordinated campaign that drove tions went on to catalog the things I of Phoenix Web site for more informa- for-profit Corinthian College out of business have said this morning. They also talk tion. without ever proving misconduct. about the students these organizations The University of Phoenix used They were able to drive a college out have worked with. This letter says ‘‘challenge coins’’—which the Senator of business. What a coincidence that he servicemember complaints regarding from Arizona raised on the floor—with would make that statement on the the University of Phoenix fall into DOD seals and logos to show its close floor of the Senate yesterday, the same three categories: servicemembers who relationship with the military without day it was reported that a Federal were signed up for loans without their receiving prior approval. The Senator judge in Chicago ordered Corinthian knowledge or permission after being from Arizona noted that other schools College—now bankrupt—to pay $530 promised they would incur no loans, have done the same thing, including, million to the Consumer Financial servicemembers who were misled about he mentioned, Southern Illinois Uni- Protection Bureau, resolving a year- the cost of tuition increases at the Uni- versity. This Senator is not going to long lawsuit against the for-profit versity of Phoenix, servicemembers send a letter to the DOD protesting if chain for allegedly steering students who were misled about the accredita- they hold SIU or any school account- into predatory student loans. tion and transferability of University The CFPB Director, Richard Cordray, able for the same conduct as the Uni- of Phoenix credits. said in a statement, ‘‘Today’s ruling Yesterday, the senior Senator from versity of Phoenix. The senior Senator marks the end of our litigation against Arizona cited three students. I would from Arizona did, and I think he ought a company that has severely harmed like to read from this letter. They note to reflect on that for a moment. tens of thousands of students, turning three students who were members of The senior Senator from Arizona dreams of higher education into a the military commenting on the Uni- says the University of Phoenix has a nightmare.’’ I don’t understand how versity of Phoenix. First, Cody Edie, of long history of serving nontraditional the Senator from Arizona could come the U.S. Marines said: students, such as Active-Duty military to the floor the same day this Federal I was told these credits would transfer any- and others. According to Paul decision was reported and raise this where nationwide but as I began my transi- Reickhoff of the Iraq and Afghanistan issue without some knowledge of what tion from active duty I found out they will Veterans of America, the university of the Corinthian Colleges were doing. not transfer to the schools in my home state. Phoenix ‘‘is constantly reported as the What they were doing was lying. They I wasted my time and 15 credits for nothing. single worst by far’’ when it comes to were misrepresenting to the Federal A statement from Erin Potter, U.S. for-profit colleges taking advantage of Government how many students were Army: its members. employed after they graduated. It I was told by the University of Phoenix The Senator from Arizona says the turns out Corinthian was paying em- that I would be eligible for grants that I did not have to pay back. I came to find out they Consumer Financial Protection Bu- ployers several thousand dollars to hire reau, the Education Department, and enrolled me in loans and now I cannot afford their students—graduates—for a month the payments. the California attorney general, or two so they could report to the Fed- Kamala Harris, drove another for-prof- From Dennis Chamberlain, U.S. eral Government they had jobs. Army: it school, Corinthian, out of business Of course, when the money ran out without ever proving misconduct, and I attended the University of Phoenix to ob- from Corinthian, the students lost tain my bachelors degree. I racked up close now we are attempting to do the same those part-time jobs. Corinthian was to the University of Phoenix. to $20,000 in debt to attain my degree. I feel caught. They were asked to provide in- they targeted me for my military student The fact is, there are ongoing inves- formation to refute what I have just aid. I struggle every month paying back the tigations into the University of Phoe- said. Instead of doing that, they start- student loans I could have avoided. I was nix by the Federal Trade Commission ed dissembling and going out of busi- shot twice in Afghanistan by shrapnel from related to unfair and deceptive prac- ness. They were also steering students RPGs. tices, including military recruitment to what they called genesis loans at The letter is signed by about 20 dif- and the handling of student personal Corinthian College. Students were pay- ferent organizations: the Air Force information. There is an investigation ing outrageous tuition and fees for Sergeants Association, the Association underway of the University of Phoenix bachelor’s degrees, $60,000 or $75,000, of the U.S. Navy, the American Asso- by the Department of Education’s in- and then they were facing genesis ciation of State Colleges and Univer- spector general related to marketing, loans, they called them, with interest sities, Blue Star Families, Paralyzed recruitment, enrollment, financial aid rates as high as 15 percent. Veterans of America. processing, fraud prevention, student This industry does have good schools I ask unanimous consent to have this retention, personnel training, attend- and good courses in the for-profit busi- letter printed in the RECORD. ance, academic grading, et cetera. ness sector, I am sure, but there has There being no objection, the mate- There is an ongoing investigation clearly been misconduct. We have to rial was ordered to be printed in the into the University of Phoenix by the call them on it and hold them respon- RECORD, as follows: Security and Exchange Commission re- sible. It is our Federal Government OCTOBER 27, 2015. lating to insider trading, and not one that virtually acknowledges the ac- Hon. ASHTON CARTER, but three different state attorneys gen- creditation of these schools that offer Secretary of Defense, eral are investigating the University of Pell grants and direct student loans to Washington, DC. Phoenix for unfair and deceptive prac- DEAR SECRETARY CARTER: We write to their students, creating the impression thank you and your staff for the Depart- tices. The Senator from Arizona comes among students and families that these ment’s recent action to enforce its Tuition and protests that we are involved in are perfectly good colleges and univer- Assistance Memorandum of Understanding some sort of ideological sities. We have a responsibility to stu- (MOU) with the University of Phoenix. The grandstanding—that is what he said, dents and families across this Nation MOU is the Department’s main tool for im- ideological grandstanding—ignoring to police their ranks when there is mis- plementing Executive Order 13607 and its di- the evidence which I have presented conduct. In this case, the Department rective to protect service members from de- this morning about the investigations of Defense looked closely and decided ceptive recruiting, including surreptitious recruiting on military installations. into the University of Phoenix going that the University of Phoenix was in- In these difficult financial times, pro- on across agencies, State and Federal, volved in misconduct. That is why they tecting the integrity of the Tuition Assist- and the investigation by the Depart- reached their decision. ance program is essential to preservation of
VerDate Sep 11 2014 01:05 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.011 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7608 CONGRESSIONAL RECORD — SENATE October 29, 2015 the program and its goal of military readi- to alert service members currently enrolled committee is on the floor, and I thank ness and professional development for our at the University about the probation and him for his tenacity and diligent work men and women in uniform. In this context, current law enforcement investigations, and on behalf of America’s farmers and the Department’s action to enforce the MOU remind them about the availability of the rural communities. is a prudent measure, and we feel more needs Department’s complaint system. Doing so to be done to protect the integrity of the would aid those students and enhance the I have discussed with the chairman program. Failure to take swift and serious Department’s ability to identify MOU infrac- his concerns about crop insurance pro- action against violations of the MOU harms tions. As you may know, the University was visions in the fiscal agreement and service members, taxpayers, and the pro- required by SEC rules to notify its investors their impact on farmers, concerns gram itself, and sends the wrong message to of these actions; current students deserve to which are shared by our counterparts other MOU signatories about the accept- be informed as well. in the House of Representatives. I also ability of violations. We thank you for your efforts to protect The Department’s investigation concluded have concerns about the changes to the integrity of the Tuition Assistance pro- crop insurance and what it will mean that ‘‘the frequency and scope’’ of the Uni- gram and to protect service members from versity’s violations was ‘‘disconcerting,’’ in- deceptive recruiting practices. We hope the to the future farmers in my State. We cluding ‘‘transgression of Defense Depart- Department will continue to take action have a big agricultural community in ment policies regarding use of its official against violations and consider that rein- Kentucky, and I have certainly heard seals or other trademark insignia and failure statement following a short probation could from them in great numbers over the to go through the responsible education ad- indicate to other MOU signatories that vio- visor for each business related activity re- past couple of days. lations are met with little repercussion. quiring access to the DoD installations.’’ Farming has been a long tradition in Sincerely, The Department’s letter to the University my State. Kentucky is made up largely Air Force Sergeants Association, American also raised concern that ‘‘several additional of smaller family farms—farms that Association of State Colleges and Univer- provisions’’ of the MOU may have been vio- sities, American Federation of Labor—Con- have been passed down from generation lated if allegations are substantiated about gress of Industrial Organizations, Associa- to generation. These folks rely heavily deceptive marketing, recruiting, and billing on the notion that a bad-crop-yield of U.S. military personnel raised in the law tion of the U.S. Navy, Blue Star Families, enforcement inquiries of the U.S. Federal Campaign for America’s Future, Children’s year will not stop their ability to con- Trade Commission and California Attorney Advocacy Institute, Consumer Action, Con- tinue farming because of the certainty General. We also would draw to your atten- sumer Federation of California, Consumers provided through this crop insurance tion similar allegations that also, if substan- Union, Empire Justice Center, Higher Ed Not program. tiated, would violate provisions of the MOU, Debt, Institute for Higher Education Policy, It is our joint understanding that the raised in ongoing investigations of the At- Iraq and Afghanistan Veterans of America. Leadership Conference on Civil and Human House leaders will work to reverse torneys General of Delaware, Florida, and these crop insurance changes and find Massachusetts; the Enforcement Division of Rights, League of United Latin American the U.S. Securities & Exchange Commission; Citizens, National Association of Consumer bipartisan alternative deficit reduction the Mid-Atlantic Region of the U.S. Edu- Advocates, National Consumer Law Center savings when they consider the omni- cation Department’s Office of Inspector Gen- (on behalf of its low-income clients), Para- bus appropriations bill later this year. eral; and the whistleblower suit brought by lyzed Veterans of America, Public Law Cen- So I assure my friend from Kansas University of Phoenix military recruiters ter, Student Debt Crisis, Student Veterans of and the other Members of our con- filed in the federal district court in Ken- America, The Education Trust, The Institute ference who care about this that I will tucky. for College Access & Success, University of Although signatories to the MOU promise San Diego Veterans Legal Clinic, Veterans work closely with him to support the to eliminate unfair and deceptive marketing Education Success, Veterans for Common House in these efforts. and recruiting, such practices continue. For Sense, Veterans Student Loan Relief Fund, Mr. ROBERTS. Mr. President, will example, many of our organizations are help- VetJobs, VetsFirst, a program of United Spi- the distinguished leader yield? ing service members and veterans who expe- nal Association, Vietnam Veterans of Amer- Mr. MCCONNELL. I yield the floor. rienced deceptive recruiting, and nearly 1,000 ica, Working America, Young Invincibles. The PRESIDING OFFICER. The Sen- of these attended the University of Phoenix. Mr. DURBIN. Mr. President, I am ator from Kansas. Their experiences over the past decade, and Mr. ROBERTS. Mr. President, I rise through 2015, demonstrate a pattern con- going to wrap up. I read carefully what sistent with the allegations made by current the senior Senator from Arizona had to to engage in this colloquy that our dis- law enforcement investigations. Service say yesterday. I hope I have addressed tinguished Republican leader has al- members’ complaints regarding the Univer- each of the major points he raised. ready mentioned or stressed. I also sity of Phoenix tend to fall into three cat- There was indeed an investigation. thank our majority whip, the Senator egories: (1) service members who were signed There were standards which the Uni- from Texas, and the senior Senator up for loans without their knowledge or per- versity of Phoenix agreed to follow and from South Dakota, Mr. THUNE, with mission, after being promised they would regard to a commitment made between incur no loans; (2) service members who were then failed to follow. There is an effort misled about the cost and tuition increases underway to make sure we protect the all of us on the floor. at University of Phoenix; and (3) service men and women in the military and This commitment is in reference to members who were misled about the accredi- their families from exploitation when the obvious need to remedy the lan- tation and transferability of University of it comes to their GI bills. We should guage adversely affecting our Nation’s Phoenix credits. Below is a small sampling of continue that effort. farmers and ranchers that is now in- complaints about the University of Phoenix I hope my friend and colleague from cluded in the Bipartisan Budget Act. from service members who used Tuition As- This provision, section 201, included in sistance. The first student attended the Uni- Arizona who has made a record in the versity as recently as 2015: Senate of speaking up, standing up to the underlying bill, should it go into ‘‘I was told these credits would transfer avoid those misuses of Federal funds, effect, would greatly damage the crop anywhere nationwide but as I begin my tran- will continue in that same vein when it insurance program as we know it, not sition from active duty, I found out they will comes to this issue. We want money to mention the farmers who purchase not transfer to the schools in my home state. well spent. We want our men and uni- this crop insurance. I wasted my time and 15 credits for noth- form well served. The commitment we have reached is ing.’’—Cody Edie, U.S. Marines E–4 I yield the floor. to reverse these damaging cuts and pol- ‘‘I was told by University of Phoenix that I suggest the absence of a quorum. icy changes to the crop insurance pro- I would be eligible for grants that I did not The PRESIDING OFFICER (Mr. have to pay back. I came to find out they en- gram in order to protect our producers’ rolled me in loans and now I cannot afford FLAKE). The clerk will call the roll. primary risk management tool and the payments.’’—Erin Potter, U.S. Army E–5 The senior assistant legislative clerk their No. 1 priority. In all of the great ‘‘I attended University of Phoenix to at- proceeded to call the roll. talk and effort that we had to pass the tain my bachelors degree. I racked up close Mr. MCCONNELL. Mr. President. I farm bill—over 400 days—the No. 1 to $20,000 in debt to attain my degree. I feel ask unanimous consent that the order issue to farmers, ranchers, and every they targeted me for my military student for the quorum call be rescinded. commodity group and every farm orga- aid. I struggle every month paying back the The PRESIDING OFFICER. Without nization was crop insurance. student loans I could have avoided. I was objection, it is so ordered. This legislative action—or fix, if we shot twice in Afghanistan by shrapnel from CROP INSURANCE PROGRAM RPGs.’’—Dennis Chamberlain, U.S. Army 0–3 want to call it that—will take place in Because the Department’s action affects Mr. MCCONNELL. Mr. President, the consideration of the year-end spending only prospective students, we also urge you chairman of the Senate agriculture bill. I have been working very closely
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.003 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7609 with House Agriculture Committee I support the agreement that has I believe the controversy stems more Chairman MIKE CONAWAY, who has been discussed on the floor today. I will from political considerations than reached a similar position with the work with the leader, the chairman, from policy or substance. House leadership. It was a tough trail, my Senate colleagues, and my col- Let me say one thing up front. I don’t but MIKE got it done. league from South Dakota, Senator love this legislation. If we were living We have all agreed here to restore ROUNDS, who has been involved in these in the ‘‘United States of Orrin Hatch’’ these funds to the program and reverse discussions, to make sure we find a rea- this bill would look very different, but this policy and do so with support from sonable alternative to the unworkable while I may not like parts of this deal the House and the Senate. cuts to crop insurance that are found very much, there are other things I I yield to our distinguished majority in section 201 of the Bipartisan Budget like much less, including political whip. Act. brinksmanship on important matters The PRESIDING OFFICER. The ma- I thank the majority leader, the and election-year posturing on com- jority whip. whip, and the chairman of our agri- plicated issues. Mr. CORNYN. Mr. President, I ex- culture committee for their commit- This budget deal, while far from per- press my gratitude to the majority ment to our farming families and rural fect, will help eliminate several hur- leader and to the chairman of the agri- economies across this great country. I dles that must be overcome in the near culture committee in the Senate, as also thank those who have worked in term and hopefully allow Congress to well as to the two Senators from South the House to come to a point where we function and to actually govern over Dakota, Mr. THUNE and Mr. ROUNDS, can have this discussion and move for- the next year. That said, there are for their cooperation and their com- ward in a way that will preserve what some very important provisions in this mitment to address this issue. bill that I think will be counted as I particularly wish to join the chair- is a very important program for pro- wins for good government and will help man of the agriculture committee, duction agriculture in this country. I ask the chairman of the agriculture us address some important issues. So I Senator ROBERTS, in commending MIKE committee, Senator ROBERTS, through would like to take just a few minutes CONAWAY, a good Texan, who is chair- the Presiding Officer, if the House has and talk about some of the specifics of man of the House Agriculture Com- reached a similar agreement in terms this legislation and why I believe these mittee, whom I know cares very deeply of the discussion that we are having in provisions are important. about this issue. First, as we all know, the bill would Texas is a huge agricultural State the Senate today. suspend the statutory debt limit and 98 percent of our agricultural pro- Mr. ROBERTS. Mr. President, I through mid-March of 2017. I have duction is run by families and employs thank my friend for the question. I re- heard a number of my colleagues decry one out of every seven Texans. Texas spond to my friend that, yes, the chair- this provision, arguing that any in- ranchers and farmers are no strangers man, MIKE CONAWAY, has reached a bi- crease in the debt limit should be ac- to the perils caused by drought and partisan agreement with the House companied by fiscal reforms, and on other weather-related events beyond leadership and also the chairman of the Committee on Appropriations, Mr. that count my colleagues are right. their control. I think you would be hard-pressed to With the current regulatory environ- ROGERS from Kentucky. So there is bi- find many Members in this Chamber ment and unforeseen perils they face, I partisan agreement with the House who have spent more time than I have understand the necessity and the via- leadership, and it is now time for the talking about our Nation’s debt and bility of the crop insurance program to Senate to respond. calling for reforms. I have spoken ex- their livelihoods. I also echo the comments of the sen- So I wish to say that I too stand ior Senator from South Dakota, with tensively about the need to rein in our ready to support our colleagues, work- the help of Senator ROUNDS, and I broken entitlement programs, which ing together to find a solution to this would be remiss in not mentioning vir- are the main drivers of our debt. Un- important problem. tually every member of the ag com- like most Members of Congress, I have I yield the floor. mittee who has been involved in this actually come up with specific pro- Mr. ROBERTS. Mr. President, I yield effort as well. I appreciate the work of posals that would help stave off the to my distinguished friend and col- my colleagues and the work of our growing entitlement crisis. On top of league from South Dakota, the senior ranking member, Senator STABENOW. I that, as chairman of the Senate com- Senator from South Dakota, Mr. especially want to thank her for rais- mittee with jurisdiction over the debt THUNE. ing this issue and helping to find an limit, I have repeatedly called on the The PRESIDING OFFICER. The Sen- agreement. Obama administration to do what past ator from South Dakota is recognized. I note that I have worked my entire administrations have done, which is to Mr. THUNE. Mr. President, I wish to career to build crop insurance as a pub- use debt limit increases as opportuni- thank the Senator from Kansas, who is lic-private partnership that best pro- ties to reexamine our fiscal situation the distinguished chairman of the agri- tects our producers, taxpayers, and and work with Congress to find a path culture committee, on which I serve, as consumers, not to mention a very hun- toward reforms that will improve our well as the leader and the whip in the gry and malnourished world. This fiscal outlook. Senate. agreement reached today continues in Unfortunately, these calls and simi- I rise in support as well of restoring that effort to fulfill that mission. I lar calls made by other leaders in Con- what would be some very devastating thank the majority leader, the major- gress have largely gone ignored as the cuts to an important program, the crop ity whip, and Senator THUNE for their administration refuses to even consider insurance program. The cuts were sup- commitment. I also thank many of our fiscal changes in the context of a debt posed to be imposed by the budget colleagues who helped reach this solu- limit increase. I am as frustrated as agreement that was reached and that tion today. anyone by the refusal of this adminis- we are going to be voting on later Mr. President, I yield the floor. tration to even engage on this issue. today. The PRESIDING OFFICER. The Sen- However, the President’s refusal to be Crop insurance plays a critical role ator from Utah. reasonable and to do his job when it in supporting South Dakota agri- Mr. HATCH. Mr. President, I rise to comes to our debt is no excuse for Con- culture. It is my State’s No. 1 industry. speak in support of the bipartisan gress failing to do its job and prevent a Crop losses due to drought, wind, hail, Budget Act of 2015, the legislation that default. and excessive moisture provide the passed in the House last night and that I know some of my colleagues either greatest challenges to economic sur- I expect we will be voting on soon in don’t believe a default would be that vival and sustainability in production the Senate. bad or that the result of hitting the agriculture. Crop insurance provides Anyone who hasn’t been living in a debt limit would even be classified as a the only viable risk management tool cave for the last few weeks is aware of default. I will not delve into the se- to meet those challenges. So it is im- the controversy surrounding this legis- mantics of the issue, I will just say perative that we preserve crop insur- lation. However, while the bill is likely that hitting the debt limit would pre- ance and maintain its viability. no one’s idea of an ideal path forward, vent the government from meeting a
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.014 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7610 CONGRESSIONAL RECORD — SENATE October 29, 2015 large number of its obligations. Noth- improvements. Given the vision, once implemented, would re- ing good and many things that are bad unsustainability of the Social Security quire large employers to automatically will come from that result. No reason- System generally, we will have to con- enroll new employees in health insur- able person would dispute that. tinue to work on reforms to ensure ance plans, putting the burden on em- In addition, I don’t think any reason- these programs are available to future ployees who prefer alternative plans to able person wants to see Congress push generations. opt out. This provision, like many pro- up against debt limit deadlines mul- For now, we must be realistic. If we visions of ObamaCare, never made tiple times throughout 2016. Mixing a don’t act now to prevent next year’s sense and ultimately had few cham- looming possibility of default with benefit cuts, we will create a cliff that pions outside left-leaning think tanks election-year posturing—and I am talk- will occur right in the middle of an that continually advocate for the gov- ing about posturing on both sides of election campaign, when fundamental ernment to ‘‘nudge’’ citizens into what the aisle, by the way—is, in my view, a reforms to an entitlement program will some technocrats believe are preferred recipe for disaster. This budget bill will be virtually impossible. Instead of a outcomes by removing certain nonpre- suspend the debt limit and spare Con- real debate over the future of this im- ferred choices. gress and the American people the portant program, we would see accusa- So with this legislation we have bi- spectacle of ticking debt clocks in the tions lobbed back and forth about partisan agreement on the need to re- middle of an election season. Once which side is responsible for the im- move at least part—and not an insig- again, this isn’t my preferred result, pending benefit cuts. Why would any- nificant part—of ObamaCare. That is but it is much better than the alter- one want that? What good would that important. That is a good reason to native. accomplish? vote for this. Obviously, we need to do In addition to raising the debt limit, I would also like to remind my col- more, but in my view any acknowl- the bill would extend the life of the So- leagues that the SSDI reforms in this edgement from my friends on the other cial Security disability insurance, or budget bill represent the most signifi- side that any part of the President’s SSDI, trust fund through a temporary cant changes to any Social Security health care law doesn’t work is good reallocation of resources from the re- program since 1983—more than three progress. We haven’t been able to get tirement trust fund into the disability decades ago. That is nothing to sneeze them to admit that in all these years insurance program. at. So while critics may be right that of this failing program that is going As we all know, the SSDI trust fund these changes aren’t the only types of on. is set to be exhausted sometime late long-term fixes the SSDI Program Finally, and for many most signifi- next year, which would lead to benefit needs, they should not by any means be cantly, the bipartisan budget legisla- cuts of around 20 percent for disabled overlooked. tion would partially lift the budget Americans. I am not willing to do that. While we are on the subject of enti- caps established under the Budget Con- Right now, the beneficiaries in the dis- tlements, I also want to point out that trol Act both for domestic spending ability program face enormous uncer- this budget bill will avert an unprece- priorities and national defense. While tainty, and that will only get worse be- dented and large increase in Medicare very few people in Congress or else- tween now and the end of 2016 if Con- Part B premiums for millions of elder- where are big fans of the sequester gress fails to act. ly Americans. Under the law, there is a threat, it did result in the only legiti- I have been urging action on this complicated interplay between the So- mate measurable spending cuts we issue for quite some time and have put cial Security and Medicare Programs, have seen in quite some time. It is es- forward a number of proposals to re- where under what is called the ‘‘hold pecially noteworthy, given the current form various aspects of the disability harmless’’ rule, the majority of Medi- administration’s seemingly insatiable insurance program. Sadly, despite care beneficiaries cannot see a pre- desire for more debt-fueled spending. many calls for bipartisan cooperation, mium increase greater than their cost- I sympathize with my colleagues who the administration has decided to re- of-living adjustment under Social Se- might be hesitant to lift those spend- main silent, aside from the very simple curity. However, due to very low infla- ing caps. However, I think we need to and overly broad reallocation proposal. tion, there will be no cost-of-living ad- keep a few things in mind. First, the Nonetheless, the budget bill will, as I justments in Social Security in 2016, increase in the spending baseline under mentioned, provide an interfund re- meaning there can be no premium in- this bill is fully offset. That is impor- allocation that will add an additional 6 creases for the majority of Medicare tant. While not all of the offsets are years of viability to the SSDI trust Part B participants. This means the ideal, it is important that the spending fund, preventing benefit cuts to dis- full amount of what the Medicare sys- cap relief will not result in increased abled American workers and removing tem needs to collect in Part B pre- debt or a tax hike. Let me repeat that. the current uncertainty. miums for next year will be charged to It is important to note that the spend- That is not all. The bill would also the nearly 30 percent of Medicare bene- ing cap relief will not result in in- put in place reforms to the SSDI Pro- ficiaries who do not have their pre- creased debt or a tax hike. In that gram, including some of the proposals I miums deducted from their Social Se- sense, the spending caps, even with the put forward earlier this year and re- curity payments. relief included in this bill, continue to flecting a great deal of work between Long story short, absent some kind be successful. Let me repeat that Chairman PAUL RYAN of the House of action, more than one-quarter of all again. In that sense, the spending caps, Ways and Means Committee and Rep- Medicare Part B beneficiaries will see even with the relief included in this resentative SAM JOHNSON, who chairs their premiums go up as much as 52 bill, continue to be successful. the Social Security Subcommittee, and percent in 2016. This bill is important, Second, lifting the spending caps will me. Our work led to a number of fea- with all its faults, and that is a great help us ensure our military is properly tures of the budget bill’s treatment of reason to vote for it. The legislation funded, although many of us would like SSDI that will help combat fraud in before us will prevent this increase, to do more with the world in the tur- the program, make it easier for those once again allowing Congress to avoid moil it is in. Many Members of Con- who can and desire to return to work a contentious fight and preventing gress, particularly on the Republican to be able to do so, and improve the many seniors from becoming pawns in side, have expressed concern regarding overall administration and integrity of the unending liberal political games- the impact of the spending caps on our the disability program. manship and demagoguery. Most im- men and women in uniform and our As I said before, this is not a budget portantly it would do so in a respon- overall military readiness. Make no bill that I would have written, and I sible manner. mistake, these are dangerous times. think there are a number of other ways In addition to sparing our country American generals and military offi- to improve the SSDI Program and So- some needless political fights over So- cials have made clear the spending lev- cial Security more generally. However, cial Security and Medicare, this bill els under the Budget Control Act are nothing in the bill prevents us from will also repeal the employer not enough to meet the challenges our continuing our work to develop and re- autoenrollment requirement under the Nation faces on the world stage. Be- fine ideas and come up with additional so-called Affordable Care Act. This pro- tween the threat of ISIS in Iraq and
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.016 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7611 Syria, Russian aggression in Eastern has one of the toughest jobs ever on rights. I think this is an important Europe, and our newly prolonged troop Capitol Hill. thing to remember, as the expectations presence in Afghanistan, now is not the I want to compliment the House as of the Iranian joint nuclear agree- time to underfund our military. We well. I have worked very closely with ment—this was not a panacea for all of need to be sure our troops have all the the distinguished new Speaker of the the things that Iran is doing. As a mat- resources they need to succeed. House. He is a tremendous human ter of fact, it specifically was a nego- As we know, President Obama has being. He does not reject the doable. He tiation to prevent Iran from having a conditioned any budget-cap relief for is a very strong conservative, one of nuclear weapon, which I think has been defense on similar relief for other do- the strongest people in either House of achieved for at least 10, if not 15 to 25, mestic spending programs. While I Congress, as is our majority leader. years. agree with many of my colleagues that Both of them are doing what has to be Then, to add to the complications re- this represents an odd set of priorities done, and they deserve to have support garding Iran, there are still four Amer- for a Commander in Chief—his No. 1 in doing that. I compliment my friends icans detained or missing. One that is duty is to keep us safe—we should not on the other side for the successes they missing, of course, is our Floridian Bob let the President’s refusal to do right consider they have made. Levinson, a former FBI agent. by our military lead us to do the same. On the other hand, I wish to pay trib- These are tough challenges that re- In addition to criticisms of the sub- ute to our majority leader and the flect a changing balance of power, and stance of the bill, some of which I work that he is doing, trying to keep we have already taken important steps agree with, I have also heard com- this fractious group of people together to meet them. I am talking about steps plaints about the process that led us in so many ways and to get important other than the Iranian nuclear joint here. On that front as well, I share legislation like this passed so that we agreement. American and coalition air some of my colleagues’ concerns. It are working on even more important strikes against ISIS in both Iraq and certainly would have been better to legislation in the future. Syria and the training and equipping of move this legislation through regular I want to personally pay tribute to Iraqi and Kurdish forces in Iraq have order, including committee consider- PAUL RYAN for his election to Speaker blunted ISIS’s momentum, and we are ation and an open amendment process. of the House. We have worked very starting to see some reverses there. As I can’t speak for anyone else, but I closely together, as he has been chair- the Secretary of Defense just a few would assume that almost everyone in- man of the Ways and Means Com- days ago told our Armed Services Com- volved would prefer to see legislation mittee. We have met almost weekly mittee, we are changing our approach of this magnitude move through the ever since he took over as chairman of to supporting the moderate Syrian op- House and Senate in a more delibera- that committee and I as chairman of position and equipping those forces al- tive process and a longer timetable. the Finance Committee. He is one of ready on the battlefield against ISIS. Unfortunately, for a variety of reasons, the truly great people in the Congress, It is much more difficult in Syria, and that is not what happened. and I personally want to express my However, much of the time, effective we have not had a lot of success in view that we are lucky to have him. We government is about the art of doing training and equipping those so-called are lucky to have our distinguished what is doable. Though Republicans moderate forces in Syria. control both Chambers of Congress, majority leader as well. So now the changing strategy is that I want to compliment my friends on there is a Democrat in the White House the United States is focusing on what the other side who have been working and enough Democrats in the Senate to the Secretary of Defense referred to as to do the art of the doable and, though sustain a filibuster. That is just a fact. the ‘‘three R’s’’—the ISIS strongholds imperfect, have worked with both of We have to live with that. If we want of Raqqa in Syria and Ramadi in Iraq these leaders to get this done. to get anything done around here, we and then targeted raids in both to build Mr. President, I yield the floor. battlefield momentum. We saw such a cannot demand perfection, nor can we The PRESIDING OFFICER. The Sen- operate in a zero-sum environment raid that tragically took the life of a ator from Florida. where every victory for the other side, senior enlisted Special Forces Special however minor, is considered a loss for THE MIDDLE EAST Operations sergeant the other day, but yours. Mr. NELSON. Mr. President, I rise to that raid was particularly successful in I get that there are some who sin- discuss a very troubled part of the that it rescued 70 people who were cerely and truthfully believe that com- world, the Middle East, a region that is about to be executed the next morning. promise inherently means failure, and I experiencing perhaps the greatest tur- In those raids, the three R’s the Sec- know there are others with different moil it has seen since the end of the retary mentioned are underway. agendas in mind that lead them to op- First World War. Turmoil and violence in the Middle pose anything resembling a concession After more than 4 years, with over East may seem distant to everyday to the other side, no matter what their 200,000 people killed and 4 million Americans, but the consequences ex- side may get in return, but I have been forced to flee, Syria’s civil war and hu- tend far beyond those regions. We see around here long enough to know that manitarian crisis continues to drag on. it daily on our television screens. Tens such an approach does not often yield President Assad still clings to power, of thousands of Syrians have sought satisfactory results. If you are going to and he clings to that power with the refuge in Europe. ISIS, we are re- wait for that perfect bill to come help of Iran, Russia, and Hezbollah. minded, uses the Internet and social around, my experience has taught me Opposition groups remain divided, media to spread its propaganda and that you are likely to wait a very long and they are weak, while terrorist radicalizes young people far from Iraq time. groups like ISIS and Al Qaeda’s al- and Syria and even some in the United The budget bill before us is far from Nusra Front exploit the chaos. ISIS States. perfect. But, as the saying goes, the also exploits sectarian tensions across So in this whole perplexing problem, perfect should not be the enemy of the the border in Iraq, where its fighters as we try to get our arms around it, good. Under the circumstances, I be- battle Iraqi and Kurdish forces, as well meeting these challenges, protecting lieve this bill needs to pass so we can as Shia militias, for control of large our national security and interests, in- solve these problems, remove many parts of the country. And, according to cluding those of our allies like Israel, dangerous obstacles directly in front of press reports, a Saudi-led coalition is going to take strong and patient us, and give ourselves a chance to gov- meanwhile battles Iranian-backed leadership on the part of our country. ern effectively without the cliffs, cri- Houthi rebels for control of Yemen, I wanted to share these thoughts ses, and deadlines that all too fre- home to Al Qaeda in the Arabian Pe- with the Senate. quently dictate what we do around ninsula. I yield the floor. here. For these reasons I plan to vote In addition to its support for Assad I suggest the absence of a quorum. yes on this legislation, and I urge my and terror and proxy groups, Iran con- The PRESIDING OFFICER. The colleagues to do the same. tinues other hostile activities, such as clerk will call the roll. Having said that, I would like to testing ballistic missiles, attacking in The bill clerk proceeded to call the compliment our majority leader. He cyberspace, and violating human roll.
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.018 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7612 CONGRESSIONAL RECORD — SENATE October 29, 2015 Mrs. MURRAY. Mr. President, I ask The bill clerk proceeded to call the decades. It is an institution that is in unanimous consent that the order for roll. competition with dozens—in fact, the quorum call be rescinded. Ms. HEITKAMP. Mr. President, I ask about 80 or 90 export credit agencies The PRESIDING OFFICER. Without unanimous consent that the order for are run by other countries—of credit objection, it is so ordered. the quorum call be rescinded. agencies every day. They are com- Mrs. MURRAY. Mr. President, I ask The PRESIDING OFFICER. Without peting against those same agencies. unanimous consent to speak as in objection, it is so ordered. What we have now is unilateral disar- morning business. UNANIMOUS CONSENT REQUEST—H.R. 597 mament. Imagine this: American man- The PRESIDING OFFICER. Without Ms. HEITKAMP. Mr. President, once ufacturers—longstanding manufactur- objection, it is so ordered. again we are down on the floor of the ers—are actually considering moving EXPORT-IMPORT BANK Senate, begging, pleading, and trying their manufacturing facilities offshore Mrs. MURRAY. Mr. President, it is to get anyone to listen to our pleas to so that they can compete for this ex- not always easy to get a majority of once again open the Export-Import port business. We can’t wait another Congress to agree on something. But Bank. As we look at the consequences minute. We can’t wait another day. We when it comes to the Export-Import of having closed—for the last 31⁄2 can’t wait for another opportunity to Bank, the numbers are now clear. months—the Export-Import Bank, it present itself. We have to do this now. Three days ago, the House easily becomes readily apparent every day I understand and know that I am new passed a bill to reauthorize this criti- and every hour that we are losing to this institution. But most times cally important program, 313 to 118. American manufacturing jobs and we when you have supermajorities in sup- Months before that, here in the Senate, are stressing small businesses that port of something, it shouldn’t be that we approved reauthorization 64 to 29. have a strong history of reliance on the hard to get it done, and we know the That is a supermajority in both Cham- Export-Import Bank, and that we are, President will sign it. bers, so no one should think we should in fact, not only not helping American I am always a little shocked when not be able to pass this. But right now, business, but we are hurting American people say: Well, you know, we still the will of a bipartisan supermajority manufacturers in this country. can’t get that done because we need to is being blocked by Senate Republican Why would we do that? Why would find a vehicle. And I think: Well, what leaders who have so far refused us the we wait one more day? Before the char- does that mean when you actually in- opportunity to act. This lack of move- ter expired on the Export-Import Bank, troduce a bill and the bill itself is sit- ment on this critical issue is unaccept- we were told that the reason why—even ting at the desk and there is an oppor- able, and people across the country are though we had 64 votes in the Senate tunity not to try to attach something not going to stand for it. for the Ex-Im Bank—we couldn’t pos- so that somebody can hide their vote Every single day that passes without sibly get this done was because the or not to try to attach it to something this program in operation, America’s House of Representatives would not because you might be able to leverage businesses—most of them small busi- take this up. The House of Representa- another idea on there but to actually nesses—are at a disadvantage. That is move this bill forward? tives would not move on the Ex-Im because one of the main goals of the We don’t need to look for a vehicle. Bank, and, in fact, if it came to the Export-Import Bank is to level the We don’t need to look for another op- floor, it was doubtful that we would ac- playing field for American companies portunity to advance the Ex-Im Bank. tually get a vote that was favorable to to sell their goods overseas. Guess what we need. We need to bring There are 60 other export credit agen- the Ex-Im Bank. Well, a funny thing this bill to the floor right now. We need cies worldwide, including several in happened when we looked at the re- to ask our colleagues to engage in what China. While companies around the ality of where the House of Representa- we should be doing here, which is de- world are enjoying the support of their tives is today. bate and legislation on the floor of the When we counted the votes this week own lending programs, this Congress Senate. We need to resolve this issue allowed one of its best tools to grow for the Ex-Im Bank, guess what; over and wrap it up. the economy to go dark. That is now 70 percent of the House of Representa- When we started this journey, we hurting our economy at a time when tives voted to reauthorize the Ex-Im were told the Ex-Im Bank was in need we should be continuing to work to Bank. And probably even more remark- of reform. In a very bipartisan way, my build and grow and create jobs. able, a majority of Republicans in the office sat down with Senator KIRK’s of- For months, I have heard from busi- House of Representatives voted to re- fice, joined by Senator BLUNT, Senator nesses in my home State of Wash- authorize the Ex-Im Bank. LINDSEY GRAHAM, Senator MANCHIN, ington that they are being held back Now, you might wonder: What and Senator DONNELLY and said: What by partisan grandstanding nearly 3,000 changed? What happened? How could do we need to do to make the Ex-Im miles away. Businesses in Washington we possibly have been so wrong? Bank better? What do we need to do to State make great products, and they Well, let me tell you that no one in make the Ex-Im Bank more accessible want to ship what they make overseas their right mind in the business com- and more accountable? and continue to build their business at munity ever believed that we would let We negotiated something that is rare home, and Congress ought to be a good the Ex-Im Bank charter expire, and so here, which is a bipartisan bill, the partner in that effort. everybody assumed that we would do Kirk-Heitkamp Ex-Im Bank reauthor- This isn’t a Republican issue or a the right thing here—that the charter ization bill. That bill has been the ve- Democratic issue. This is about sup- would go on and that this would hap- hicle and the kind of blueprint for how porting American companies that are pen. Guess what happened. When we we are going to move forward. In fact, creating local jobs, adding to our econ- shut down the Ex-Im Bank and people when the House did their discharge pe- omy, and helping our economy grow weren’t able to approach the Ex-Im tition, they discharged the bill that is, from the middle out. It is why the Ex- Bank to get credit guarantees to do the in fact, the Kirk-Heitkamp bill. There port-Import Bank has had the support work of manufacturing and exporting, is nothing in there where we have to of this body now for more than 80 all of a sudden, those small business balance this or somehow reconcile a years. men and women and those employees House version and a Senate version. I urge Republican leaders to stop al- of those institutions picked up their We can get this done today. We can lowing extreme members of their phones and started calling their Mem- move this forward. We can send the party—a minority of their party—to bers of Congress. When they called message to the rest of the world that hold our economy hostage. It is time to their Members of Congress, that is the Ex-Im Bank and American manu- renew the Export-Import Bank on be- when we saw action. That is when we facturers are open for business. It half of American businesses, American saw things moving in a direction that makes absolutely no sense for us to workers, and American families. actually supports American manufac- wait any longer and in any way delay I yield the floor. turing. the movement of the Ex-Im Bank. I suggest the absence of a quorum. This is an institution that has been I yield the floor. The PRESIDING OFFICER. The reauthorized many times. This is an in- The PRESIDING OFFICER. The Sen- clerk will call the roll. stitution that has been in existence for ator from Washington.
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.020 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7613 Ms. CANTWELL. Mr. President, I sold in all of those places, but I want port-Import Bank already. There are thank my colleague from North Da- some credit insurance. I want to be numerous objections on this side of the kota for her continued leadership on sure that you have an insurance pro- aisle; therefore, I object. this issue and for pointing out to our gram in case something goes wrong, The PRESIDING OFFICER. Objec- colleagues that we really could be just and that is where the Export-Import tion is heard. a short step away from reauthorizing a Bank comes in. Ms. CANTWELL. Mr. President, I very important business tool for small In 2014, we had $27.4 billion in U.S. hope our colleagues realize that the businesses, manufacturers, and the ag- exports and 164,000 jobs. economic activity we could be seeing riculture industry by making sure that Where have we been since 2008? It has today could help us in everything we we reauthorize the Export-Import helped us with 1.4 million jobs. Our are doing moving forward. Bank. economic information shows that we While the Senate has passed the Ex- What my colleague is referring to is have had a somewhat anemic quarter port-Import Bank, it is part of a larger that it would take just a short agree- in our country. I would say it is inter- transportation package that this Sen- ment here this morning to go ahead esting that it did coincide with this ator hopes will actually get done. But and take the House-passed bill that, as issue of the Export-Import Bank, and there are many people who don’t want she explained, was passed after col- this whole malaise here of not getting to see the Export-Import Bank reau- leagues got a discharge petition, but it work done probably didn’t make any- thorized. In fact, some of our col- is the same as the language that we body happy in business, and there is leagues suggested in the recent budget have had over here in the Senate. the fact that a lot of doubt and uncer- deal that they put a 1-year provision in The process to move forward on this tainty plagued us. for the Export-Import Bank. I don’t reauthorization would be very simple. I So if you want to help the economy, support a 1-year provision. We support am sure Senator HEITKAMP pointed out let’s just agree this morning that the a 5-year reauthorization, and we want before I got to the floor that a fili- Export-Import Bank is a great tool to to get to that now. We do not want to buster-proof majority of our colleagues help U.S. manufacturers grow their see more jobs shifted overseas as we approve of this legislation. I think 67 of economic opportunities outside of the continue to have this debate, because our colleagues approve of this, and now United States. Let’s just agree this that is what is happening. We are giv- we have this tremendous support—313 morning and get this done, and we will ing economic opportunity to other votes—from the House of Representa- be moving ahead on this important countries to take advantage of our tives. issue. businesses. As Senator HEITKAMP said, we are Now, some people are saying: Let’s I hope we will take this up and move just a short step away. Why are we so just wait. I am saying: What we are it forward so that we can get economic emphatic about that? Why wait? When risking by waiting is more job loss, opportunities back in front of the we look at what has just come out, the more small businesses at risk, and the American people at a time when we financial numbers show a 1.5 percent U.S. economy at risk. There are more most critically need to. job growth. I think it is something like than $9 billion in pending Export-Im- I yield the floor. that. It shows very anemic numbers for port Bank deals on the table—$9 bil- The PRESIDING OFFICER. The Sen- our economy. lion. That can’t get done because the ator from North Dakota. I don’t know about anybody else, but Bank doesn’t exist anymore. If you just Ms. HEITKAMP. Will my friend from since we are a very cyclical economy in think about that, those are U.S. com- Washington yield for a question? the Northwest, or we have been for var- panies that have economic activity to Ms. CANTWELL. Yes. ious periods of time in our history, my do around the globe to help us grow the Ms. HEITKAMP. We have now had constituents expect me to get up every U.S. economy at a time when we have this experience of 31⁄2 months—really 4 day and fight for things that will im- been anemic. If no one objects to my months because we are at the end of prove the economic opportunity of motion, we would restart that engine October—with no opportunity for a America, and that is what we are doing today. small business to actually look at how here. Ms. STABENOW. Will the Senator they could grow that small business. When we look at 2014, it supported from Washington yield for one quick We know we have lost jobs all across $27.4 billion in U.S. exports and 164,000 question? America in States where they are eco- jobs. My colleagues know how much Ms. CANTWELL. Yes. nomically challenged. Opportunities the economy outside of the United Ms. STABENOW. Was that $9 billion? are there. We know that the large in- States is growing. So we want to sell Ms. CANTWELL. Yes. stitutions, the large manufacturers in them U.S.-made products. I think it is Ms. STABENOW. We have economic our country, some of which are in Sen- one of the biggest economic opportuni- activity that is hanging in the balance, ator CANTWELL’s State, rely on this ties in front of us. I believe in what we and because of this inactivity, we are small business chain of businesses, and make. losing $9 billion every single day? those are the businesses that have been I complained because I think exotic Ms. CANTWELL. Yes. hit the hardest. financial instruments got us into trou- Ms. STABENOW. That is billion with If we wait, again, for another promise ble, and I want to be known for some- a ‘‘B’’? that we are going to put it on another thing in the United States of America Ms. CANTWELL. Yes. That’s the dol- vehicle—how much more inactivity, besides exotic financial instruments. I lar value of deals for U.S. companies how much more disruption to these like that we make airplanes and auto- being held up that could be moved for- small businesses can these small sup- mobiles. ward. ply chains have given their economics? The Senator from Michigan has Ms. STABENOW. Shocking. Isn’t it true that a small business is joined us on the floor. I like that we Ms. CANTWELL. So I ask unanimous much more challenged by a day’s delay make great agriculture products from consent that the Senate proceed to the in opening up the Ex-Im Bank than a North Dakota that are then exported consideration of Calendar No. 282, H.R. large corporation? around the globe. 597, the Export-Import Bank Reform Ms. CANTWELL. Mr. President, I I visited Bob’s Red Mill in Oregon. and Reauthorization Act, and that the thank the Senator from North Dakota That company makes a great variety of bill be read a third time and passed and for her question because she is right on various grain products that are shipped the motion to reconsider be considered the pinpoint of what this issue is all over the world. They use the Ex- made and laid upon the table with no about. It is really about small busi- port-Import Bank as a way to gain ac- intervening action or debate. nesses that don’t have huge capital re- cess because not every bank in Oregon The PRESIDING OFFICER. Is there serves to set aside money so that they is brave enough to take on a deal in objection? can guarantee the sale of their product. Tanzania or some other country. Why? The Republican leader. As I said, there is $9 billion of pend- Because the banking doesn’t exist Mr. MCCONNELL. Mr. President, I ing issues before the Bank right now, there. So the Oregon bank says: OK, I would remind my colleagues that we and many of those are small busi- will bank you. I will get Bob’s Red Mill voted on the reauthorization of the Ex- nesses. So those small businesses could
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.022 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7614 CONGRESSIONAL RECORD — SENATE October 29, 2015 be opening up economic opportunity pired. Now they are telling us to wait are the unsung, hard-working New Jer- that might grow their revenue signifi- again, and we do not want to wait on sey families who suffered loss and cantly and allow them to create more creating more U.S. jobs. pulled themselves back up and kept jobs. When we think about the motion Several Senators addressed the going, one foot in front of the other, I just made, if no one had objected, Chair. every day, not only because they want- that $9 billion would have been free to The PRESIDING OFFICER. The Sen- ed to but because they had no other go out into the economy, those deals ator from Michigan. choice. would have gotten done, those small Ms. STABENOW. Mr. President, if I For these families, even after the businesses would have been empowered, might just wrap up one statement. I storm passed, the clouds parted, and and we would be on our way to winning know my colleague from New Jersey is the Sun came out, a different kind of in what is an export economy. here. disaster—this time manmade—was Why is it an export economy? Be- I want to thank my colleagues who looming on the horizon. They went cause the growing middle class around are such great leaders on the Export- from filling up sandbags to fend off the the globe is going to double in the next Import Bank, the Senator from Wash- Atlantic Ocean to filling out endless several years. Ninety-five percent of ington State, Ms. CANTWELL, and Sen- forms to fend off insurance companies consumers live outside the United ator HEITKAMP from North Dakota. and government officials. They had en- States of America. So we want to win I just want to put on the record that dured the fight against Mother Nature economic opportunity, and we have to 100 businesses in Michigan alone were but were simply no match against be able to sell outside the United assisted in $1 billion in exports, which Uncle Sam. States of America. It is hard because meant jobs in Michigan last year. We Doug Quinn, a constituent of mine not every place in the United States of can’t wait. We need those jobs. Our who served as a marine—and once you America is so developed that their businesses need the support. We need are a marine, you are always a marine, banking system is there to do deals. to get this done now. so I won’t say former marine but who This great company in my State, in Thank you. served as a marine—and who served his Spokane, SCAFCO—two of my col- The PRESIDING OFFICER. The Sen- country with distinction, encapsulated leagues here—the ranking member on ator from New Jersey. this sentiment perfectly in a letter he the Agriculture Committee, from Mr. MENENDEZ. Mr. President, I ask wrote to me. In it he said: unanimous consent that following my Michigan, and my colleague from I was in my home the night the flood- North Dakota, Senator HEITKAMP—are remarks, Senator SESSIONS be recog- waters rushed in. I waded out through waist very active in agriculture issues and nized, and that following Senator SES- deep water at midnight to escape while elec- will get it. He is basically making and SIONS, Senator DAINES be recognized. trical transformers exploded and houses selling aluminum grain containers, The PRESIDING OFFICER. Without burned down. That was the easy part. It’s the silos, all over the world. That is his objection, it is so ordered. year-and-a-half since then that has been the business. He has expanded it, built new THIRD ANNIVERSARY OF SUPERSTORM SANDY tragedy. buildings, and he has an incredible Mr. MENENDEZ. Mr. President, I Let me repeat that. He says the flood workforce. rise on the third anniversary of was the easy part. This is a picture of As the rest of the world—particularly Superstorm Sandy to reflect on where him in that flood and the consequences in Africa and South America but even we have been, how far we have come, to his home afterward. in Asia—starts to grow their agricul- and what is still left to accomplish, Doug had maximum coverage of tural economies, guess what they need. and to praise the people of New Jersey $250,000 and received estimates of dam- They need agriculture equipment. I am who have remained New Jersey proud ages in excess of that—$254,000—but he sure the Senator from Michigan under- and New Jersey strong during this received only $90,000, just over a third stands that because she has some of long, 3-year recovery process. But, of what he needed to rebuild. And Doug those manufacturers. So those manu- most importantly, it is to remind ev- was not alone. facturers have a huge opportunity to eryone in this Chamber and all around Chuck Appleby is another one of the sell U.S.-made agriculture equipment. the Nation that the job isn’t done yet. thousands of New Jerseyans who has I like to say: Guess what we are still Many people believe that this is over had to engage in this fight for the past No. 1 at in the United States of Amer- and that everyone just moved on, but I 3 years to just get what he deserves. ica? Agriculture. We know how to do know that for many Sandy victims, Like many others, Chuck, who joined agriculture. Guess what the next big that is not the case. us recently, was lowballed by FEMA opportunity is around the globe? Feed- In these last few years, we have made and his insurance company, which ing the growing middle class around a lot of progress. Billions of dollars of somehow claimed it wasn’t Sandy that the globe. It is one of the biggest eco- Federal funds have flowed to the State severely cracked the foundation of his nomic opportunities. But we have to be and were used to rebuild bridges, roads, home. According to them, it was all a able to sell them things. We have to be boardwalks, help businesses reopen, preexisting condition that just hap- able to sell them Michigan-manufac- and keep people working. Those fortu- pened to magically appear the day tured products. We have to be able to nate enough to navigate the maze of after Sandy hit. Imagine that. He sell them agriculture products that my Federal and State programs have re- played by the rules, he faithfully paid colleague from North Dakota makes. built their homes stronger and more for flood insurance for 10, 20, or 30 SCAFCO needs to be able to sell their resilient than before. The Jersey Shore years, never had a claim until Sandy, grain silos, but they can’t because peo- has enjoyed a resurgence in tourism came only to find out it wasn’t enough. ple want to hold up this process, all to which fueled the local and State econ- People assumed that since they have put a trophy on someone’s desk saying omy, creating jobs and supplementing insurance, they would be made whole they did the bidding of a very conserv- the recovery. and that the resources necessary to re- ative think tank that—the last I know, But while the beaches have been re- build would be there. But after sur- I don’t think they created any of these plenished and the boardwalks have viving the wind, the rain, and the manufacturing jobs in America. been rebuilt, 3 years later, for far too storm surge, he woke up to another I hope my colleagues will help us many working-class New Jerseyans, nightmare: A flood insurance claim continue this debate because I know the recovery not only is incomplete, in process that threatened to take what there are some who will say: Well, we some cases it has still barely begun. the storm had not. passed this bill, and it is going to get There are still parts of the State that As much as I wish it were an aberra- done someday. Someday, really? Be- remain neglected. There are still fami- tion, Chuck’s story is not unique. cause everybody said we will get it on lies who haven’t stepped foot in their Thousands of New Jerseyans were the Transportation bill in April. OK. homes for 3 years. They may not have lowballed by their insurance company, That didn’t happen. They did an exten- a reality TV crew following them stunting the recovery and leaving fam- sion. It didn’t happen. We will get it on around, but they are the real New ilies out of their homes. the Transportation bill in July. The Jerseyans, the salt of the Earth, and Fortunately, I, along with Senators Bank won’t expire. Guess what. It ex- the backbone of our great State. They BOOKER, SCHUMER, and GILLIBRAND, was
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.023 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7615 able to convince FEMA to allow all level of devastation, New Jerseyans provement. For example, when I dis- Sandy survivors to have their claims were true to their reputation of being covered that homeowners were being reviewed, which will result in tens of New Jersey strong. Communities needlessly delayed from rebuilding be- millions of dollars going to the recov- united, families took in neighbors who cause the State chose to conduct his- ery. Chuck is one of those people who lost their homes, and we all came to- torical and environmental reviews at opted into the process, and FEMA re- gether and worked together. It was a the end of the application process— cently admitted its mistake and ac- testament to the fundamental nature therefore, further delay—I worked with knowledged he was shorted at least of community action, community in- then-Secretary Donovan to clarify to $50,000. volvement, and to what real commu- the State that they could conduct Dawn and Sonny Markosky are an- nity service is all about. these reviews at the front end of the other example. They stood next to me After seeing the impact of the dam- application process, allowing victims in Belmar this week after having re- age that day, I came back to Wash- to begin rebuilding sooner without ceived a check for $56,000 from FEMA’s ington with a heavy heart but a deter- jeopardizing their funding. This was a claims review money that they should mined mind, solely focused on rep- perfect example of eliminating unnec- have received the first time around. resenting the countless victims of our essary obstacles and inefficiencies, and Sonny served our country as a retired State who had their lives turned upside I was proud to be in charge. Army reservist and a police chief. He is down. They didn’t ask for handouts; We always need to find more opportu- now only receiving the justice he de- they asked for help and kept moving nities like this. We need HUD to con- served and the chance to rebuild. And forward. tinue to work with the States to dis- even Dawn’s mom, who was lowballed I remember working closely with my cover these inefficiencies and to get $17,000 on her house, got an additional late colleague and dear friend Senator people fully restored. It is our responsi- $17,000 from the claims review—money Frank Lautenberg, and we made it our bility to make the system and the she had been owed all along. And it No. 1 priority to bring every available process work for them. resource back to the victims of our goes on and on. When I look at two of these fami- It shouldn’t have taken this long, nor State. I continued to work with Sen- lies—a marine serving with distinction should the path have been this winding ator BOOKER, who jumped head first for his country and a former Army re- and difficult, but these successes illus- into the fight from the moment he en- servist and police chief—their country trate the incredible resiliency of all tered the Senate to do the same. And didn’t ultimately respond to them the the Sandy survivors who wouldn’t give to be clear, we had to fight from the way it should have. It made life more up no matter how dark things appeared very beginning. We had to fight a tea difficult when, in fact, it should have party-inspired opposition that was on the morning of October 30, 2012, and been the other way around. blocking the relief we so desperately throughout the 3 years that followed. We cannot allow partisan and geo- I will continue to fight to help every- needed. We had Senators and Congress- graphical politics into our Nation’s dis- one recover. I will continue to be a men who said no to disaster victims in aster response priorities. There is a voice for everyone in the Sandy com- New Jersey with one side of their reason we call our Nation the United munity as we seek to repair what hap- mouths, while asking for Federal funds States of America. I have cast my vote pened and make our communities more when a disaster struck their State on time and time again for flooding in the other side. Ultimately, we over- resilient in the future and more capa- Mississippi, wildfires out West, Hurri- came the calloused and ideological at- ble of dealing with storms like Sandy, cane Katrina—the list goes on and on— tacks and secured more than $50 billion which left incredible devastation in its because I believe in this we are one. No for the entire region. These Federal wake. matter where a disaster occurs, no As we take a moment to think back funds have been absolutely critical to matter if it is across the street or on that day 3 years ago today, when our recovery, but mistakes by govern- across the country, we come together the clouds finally parted and the omi- ment agencies at the Federal and State as a nation ready to go. level hindered our progress. With that, Mr. President, I look for- nous seas receded, the destruction On this third anniversary of Sandy, I ward to our continuing effort to get ev- Sandy left is almost unimaginable. We don’t come to the floor to point fingers eryone in New Jersey back in their remember images like these of Seaside at FEMA or the State or to play a homes. Heights. In fact, I actually took this blame game. This is not about politics I yield the floor. photo while touring the damage with or scapegoating; it is about continuing The PRESIDING OFFICER. The Sen- Vice President BIDEN. to do all we can to deliver for the peo- ator from Alabama. This is a photo of Hoboken, in north- ple in every disaster who still need Mr. SESSIONS. Mr. President, I ap- ern New Jersey, where street after help, and that requires cooperation and preciate the remarks of the Senator street looked like a series of canals. teamwork from all levels of govern- from New Jersey, and no doubt they Thousands of families lost everything ment. faced tremendous challenges. and suddenly found themselves home- One example of bipartisanship was Mr. President, I ask unanimous con- less. Billions upon billions of dollars’ our effort to stop the draconian flood sent that Senator DAINES be recognized worth of property, roads, bridges, insurance rate increases that Sandy for up to 2 minutes for remarks and trains, schools, fire stations, and hos- survivors were facing after the storm. that I then be recognized for the 30 pitals were in ruins. Most tragically of These families were being confronted minutes I have noticed. all, dozens of people lost their lives. It with skyrocketing premiums which The PRESIDING OFFICER. Without was a dark time for our entire State, threatened to take what the storm had objection, it is so ordered. no doubt about it, but, as the proverb not. In response, I led a broad, bipar- The PRESIDING OFFICER. The Sen- goes, the darkest hour is just before tisan coalition from all parts of the ator from Montana. the dawn. country and passed legislation to stop REMEMBERING CHARLES ‘‘CHARLIE’’ DECRANE Today, as we remember that dark these egregious hikes and restore fair- Mr. DAINES. Today I rise to honor hour, we commit ourselves to com- ness in the flood insurance program. Montana World War II veteran Charlie pleting the job and entering the dawn A recovery requires more efforts like DeCrane, a member of the Crow Tribe, of a new era in the long journey to re- this. It requires the State to be trans- who passed away earlier this week in build and recover not just to where we parent and open to correcting any inef- Billings, MT. were before the storm but to a place ficiency that causes delays and for Charlie was an incredible person. He where we are stronger, more resilient, every Federal Government agency to was hard-working and dedicated to and more prepared. I have no doubt we step up, step in, and make corrections serving his country as well as his tribe. will get there together, not just when needed. It requires strong over- He was a quiet and gentle spirit, and through our efforts here in Washington sight and technical assistance from that was apparent to anyone who came but because of the indefatigable, dog- Federal agencies, such as Housing and into contact with him. Charlie was a ged character of the people of New Jer- Urban Development. man of principle and honor. sey. We showed that character in the As we have seen in the past, this co- I had the privilege of spending time immediate aftermath when, despite the operation can result in significant im- with Charlie in Washington, DC, when
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.024 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7616 CONGRESSIONAL RECORD — SENATE October 29, 2015 he accompanied me as my one special increase in spending on the Federal bu- this is a deeply troubling problem that guest to the State of the Union Ad- reaucracy. we have. dress. I was able to witness firsthand A ‘‘yes’’ vote affirms that this spend- Raising these budget caps, as we go truly what an amazing man he was. ing level—the new high spending forward now, removes the moral au- Our walk from my office to the House level—is correct and that we need to thority of Senators who vote yes and Chamber is one I will never forget. To spend this much money. approve this process and reduces our personally know a man who fought so Second, it erases the current debt ability to talk with integrity to our courageously in World War II was a limit we have that stops spending or friends and voters back home to whom great honor. Many freedoms we have borrowing money above a certain we promised reform and more prin- today stem from the sacrifices made by amount. It erases that debt limit until cipled spending decisions in Wash- Charlie and men and women like him. March of 2017, allowing for approxi- ington. His accomplishments in life will con- mately $1.5 trillion more to be added to How can we with a straight face say tinue to live on. our debt of $18.4 trillion, and it could this is a good policy? If we approve It is my hope that through Charlie’s be more than that. these higher spending levels, those who life we will remember how important The text states that at that date the vote for it are prohibited in many ways our veterans are and how much respect debt ceiling shall be raised to whatever from objecting to the levels in the fu- and care they deserve. level of public debt is at that time. Un- ture. If they find some waste and cut His passing is one that will affect like in the past, when we had a debt it, it does not mean we will reduce many, and not just his close family and ceiling, it was a dollar amount, and we spending. Instead, the Congress, lack- friends. Cindy and I will be keeping would raise it and approve a certain ing the moral authority to decrease Charlie’s family and the entire Crow dollar amount. Suspending this limit is spending below these levels, will spend community in our thoughts and pray- a very unwise process. It was done last that money up to the higher levels in ers in this most difficult time. time and should not be done in the fu- the future. It is a big decision and I I thank my colleague from Alabama ture—raise it to a date in the future think it is wrong. for allowing me to speak. and indicate, in effect, that as much Furthermore, I would note, as a I yield back to Senator SESSIONS. debt as Congress or the President member of the Armed Service Com- The PRESIDING OFFICER. The Sen- wants to add in that time is approved. mittee, my concern about defense, but ator from Alabama. We don’t even know the amount. This the defense account takes a larger per- Mr. SESSIONS. Mr. President, the is a covert and clever way of raising centage of the budget than does the budget passage that will soon be before the debt ceiling without having to en- nondefense account for discretionary us essentially does a number of things. gage in a real discussion of Washing- spending. By increasing defense and nondefense by the same amount, the One of the more basic is that it spends ton’s runaway spending problem. It en- nondefense category actually receives a lot more money than the current law sures that no further serious conversa- a larger percentage of the increase, all allows, and it is done in a way that the tion about our debt course or any cor- to pay for more bureaucracy, employ- new Speaker of the House said responding action to alter it will take ‘‘stinks’’ a day or so ago. ees, and government in Washington. place. So let’s be clear. The spending caps Once again a massive deal is crafted The debt ceiling has always been a in law today were placed in as a part of behind closed doors and is being rushed pivotal point. It is the classic case of the 2011 Budget Control Act agreement through Congress under the threat of the parents calling the young man which lifted the debt ceiling by $2.1 panic. The Bipartisan Budget Act of home from college. He has overrun his trillion. We objected. Congress objected 2015 serves as a reminder that the most credit card, and they have a little pray- to raising the debt ceiling without re- important and controversial legisla- er meeting about this spending and de- form. Senator MCCONNELL stood firm, tion is still being drafted in secret with mand certain reforms in the young and the Budget Control Act of 2011 is little or no input from the Members of man’s spending habits if he wants to the reform that came. Then we raised this Chamber. We have been cut out of continue to have a credit card. the debt ceiling. We approved a raising the process. No amendments will be al- Congress has the debt ceiling power of the debt limit on the credit card lowed to this massive package, and the to call in the President and say: We are only after we got a containment of the cloture vote will be filed immediately on an unsustainable debt course. We growth in spending. So supporters are after the bill is placed on the floor in need to have reform. calling this bill sequester relief as if order to force a vote, limiting the de- That was done in 2011, and that is that is OK, but sequester and the Budg- bate to the shortest possible time why we have these numbers in place et Control Act were just simply limits under the rules of the Senate. Those today that contain spending but are on spending. That is what they were. who question, object, and want more being violated by this act. The fact is, we have never followed time, are accused of wanting to shut Finally, the deal submits the unac- the sequester. In 2013 the Congress down the government and disrupt the ceptable precedent that every dollar of passed the Ryan-Murray budget deal. machinery of the government. They increased defense spending should be That deal raised the discretionary say that President Obama will accuse met with a dollar of increased non- spending $64 billion over 2 years. Now us of shutting down the government. defense spending. How silly is this? that deal has ended, and instead of re- They say that we should cower under What possible logical argument can turning to regular order and agreed- our debt at this great charge he might you make for this? This is upside down. upon limits, the President wants us to make against us. As if insisting that If an emergency requires more de- yet again break the Budget Control we have a right to read and study a bill fense spending—as I think it does—we Act and raise spending an extra $80 bil- of this magnitude is out of order. could dispute the amount, but we have lion over the next 2 years. It should not be run through the Con- had the Russians in Crimea since 2011, This deal will obliterate future gress in the shortest possible time. Russians in Syria, refugees by the mil- spending restraint, it does do so, de- They can bluster and they can huff and lions in the Middle East, ISIS threat- stroying our credibility to achieve puff, but I say the arguments that I am ening the very government of Iraq, Af- meaningful spending reform. The Budg- going to make in opposition to this ghanistan is still a problem, Yemen, et Control Act represented a bipartisan deal are bricks of truth, and this house Libya, and so forth. All of these have commitment to cap spending, limiting will not fall down. They will not be happened in some part due to the in- it at a fixed amount. It is a good, re- able to sustain a charge that somehow consistent, incoherent policies of this sponsible policy. In fact, I thought it we have bad motives by objecting to President. It has happened. We have a did not limit the spending enough. It what is set about here. lot of problems out there. We need was passed by a Republican House, a At its core, this deal with President some more money for defense. Democratic Senate, and signed into Obama provides what the President has Common sense says we should seek law by President Obama. He agreed to demanded throughout. to identify reductions and not demand these limits. First, it lifts the Federal spending spending hikes because we have to This deal shatters that commitment caps for 2 years, including a $40 billion spend more money on defense. I think by spending $80 billion more than we
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.026 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7617 promised over the next 2 years. It is So this deal claims illusory savings spent to increase new spending, and problematic because it is filled with from the disability insurance and in- also creating money that can be spent gimmicks. They contend, not cor- creased pension insurance fees in order to shore up the retirement insurance rectly, that all of this new spending is to boost bureaucratic budgets. Perhaps program. This is an important concept, offset by new revenues or cuts in even worse, the deal attempts to stave colleagues. The funds are used to pay spending somewhere else. However, I off the shortfall in the fraud-ridden So- for more government spending outside would suggest and would show here cial Security Disability Insurance Pro- the retirement and disability funds. that is not accurate. These are a lot of gram that has a host of problems. We Even worse than the promise of sav- gimmicks we have here. all know and have known for years it is ing Social Security, which has been Secondly, if we have wasteful spend- coming into default by the end of 2016. overstated as major entitlement re- ing, and some of this is wasteful spend- How does it get around the default in form, the savings are being counted as ing, it needs to be eliminated. But the the disability program? It raids the So- money that can be spent on the discre- spending cuts ought to be used to re- cial Security retirement fund to pay tionary account. It basically provides duce the deficit, which was over $400 for the deficient, ineffective, badly cover to extend the debt of the United billion last year, will be $400 billion managed disability fund. States. next year, and will double in the next It weakens Social Security. We need This is the very same tool the Demo- 10 years according to the Congressional to be looking at ways to strengthen So- crats used to pass the ObamaCare bill, Budget Office. We need to be using this cial Security, not raid it and weaken amazingly, and to produce a phony wasteful spending—these low-hanging- it. Some $150 billion in funds will be si- score so the President could say that fruit problems—to reduce government phoned off from Americans’ payroll re- every penny of it is paid for—saying it expenditures and reduce our deficits, tirement contributions and taken out would not increase the deficit. Our col- not using that opportunity to reduce of the Social Security fund and trans- leagues used the same tactic in this deficits to instead spend more money ferred to the disability program—four- deal by counting the funds they cut somewhere else. tenths of a percent each year of the in- from your retirement account as being So they offset. It appears the deal is come of an American. able to fund new discretionary spend- built on the same principles as the deal This will weaken the Social Security ing. in 2013. It exchanges instant increases trust fund by $150 billion while politi- During the Obamacare debate, the in Federal spending for distant prom- cians all over America continue to Democrats reduced payments to hos- ised savings in the future, as much as promise that what they are doing is pitals and doctors and others, but 20 years, or two decades down the road, acting to strengthen the Social Secu- Medicare is a trust fund. They claimed many of which are unlikely to occur. It rity trust fund. We have seen the dis- some $500 billion would be used both to funds increased spending through in- ability trust fund heading for disaster extend the life of Medicare and to pay creased revenues, violating a core for several years now. Now, ‘‘60 Min- for the new ObamaCare spending. They budget principle by extracting ever- utes’’ and program after program have openly and directly claimed that these more money from Americans to expand shown abuse, fraud, and total mis- savings could be used for two different an already-too-large Federal bureauc- management in Social Security Dis- things—$500 billion. It was one of the racy. ability. It has not been reformed. It largest, I contend, misrepresentations We need to be reducing the bureauc- needs fundamental reform. They made of finances—fraudulent activities—in racy, not adding to it. a few changes in the program that I am the history of the world. The deal trades ending spending lim- sure are worthwhile, but none that You cannot have money that is used its for the promise of new spending come close to putting the disability for two different purposes. Mr. Elmen- limits 10 years from now. We just fund on a long-term sound basis. It is dorf, the Director of the Congressional agreed to limits in 2011. They promised basically a gimmick to get past the im- Budget Office, has said: You cannot that we are going to have new spending pending insolvency crisis, to kick it spend the same dollar twice, even limits in the future. My time in the down the road, and then create some though the conventions of accounting Senate says promises about the future money to justify the new spending might suggest otherwise. So they used seldom come to pass in this body. above the spending limits imposed by an accounting gimmick to make it ap- We need to fight tenaciously to hold the Budget Control Act. pear that this money was available to the spending limits that are in law People want to end wasteful Wash- strengthen Medicare and fund today and not exchange those limits ington spending. The people want that. ObamaCare. It is the same money. for a promised limit in the future. This Lifting the budget caps and raising the We accepted that kind of improper fi- is how a country goes broke. We are debt ceiling through 2017 only ensures nancial analysis. The bill was passed heading to financial catastrophe on the that our ineffective bureaucracy con- on the promise it would not add to the path we are going. tinues its wasteful ways, while momen- debt. It certainly did. The same ac- The deal also uses a common gim- tum in Washington for deficit reduc- counting gimmick lies at the heart of mick where alleged savings in an enti- tion stalls out. That is what is hap- the proposed legislation to waive Fed- tlement program—a trust fund—are pening. We are losing momentum. Sev- eral spending caps and to raise the debt used to boost unrelated spending in the eral years ago we were in serious dis- limit by at least $1.5 trillion. general discretionary budget. This is a cussions about the dangers we faced fi- Promoters of the Bipartisan Budget bigger issue than most of our col- nancially. That conversation has been Act of 2015 boast of long-term future leagues understand. Any savings found eroded. It eliminates a powerful oppor- savings to Social Security disability, in the entitlement programs faced with tunity, the debt ceiling, to advance the but those savings need to extend the insolvency must be used to shore up case for fiscal discipline. life of the disability program, which is those programs, those trust funds, not What about Social Security? The nearing insolvency. Instead, they are for spending somewhere else. Yet this deal uses the same fraudulent account- spent on new discretionary spending, deal claims illusory savings from dis- ing methods our Democratic colleagues basically adding to the debt. This is ability insurance, part of Social Secu- used to pass ObamaCare on a straight not entitlement reform, this is an ac- rity. That is the disability trust fund. party-line vote. We just received a let- counting gimmick. Any savings to be There are two trust funds of Social Se- ter from the Social Security Actuary, captured in the future from disability curity, disability and a retirement Mr. Goss, who stated that the ‘‘enact- insurance cannot be spent today on bu- fund. Every American pays into both ment of these provisions [in this pro- reaucratic budgets for Federal depart- from their paycheck. So 2.2 percent of posed legislation] is projected to re- ments such as the EPA, the Depart- your paycheck goes to fund the dis- duce the long-range 75-year OASDI [the ment of Labor, or the Department of ability fund, the rest of it funds your combined Social Security trust funds] Health and Human Services. Social Security, and then there is addi- actuarial deficit by 0.04 percent of tax- A second and no less egregious ac- tional money that comes out of your able payroll,’’ which is a lot. However, counting trick siphons off as much as paycheck to fund the Medicare trust the savings going in are being counted $150 billion from the Social Security fund. as both, creating money that can be trust fund for retirees and transfers
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.028 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7618 CONGRESSIONAL RECORD — SENATE October 29, 2015 that money to the fraud-ridden dis- Members of Congress, committed to back and address our runaway manda- ability program. But there is no sur- fiscal integrity in America, and we told tory spending and entitlement pro- plus in the retirement trust fund. We the President: You are not going to get grams, it is not worth going back, and know the Social Security retirement an increase in the debt ceiling unless I will not ask you to send me back trust fund is heading toward insol- you agree to some spending reforms. there unless you give me the mandate vency. Taking this money out and That is what happened. We did that that this is a task that has to be under- moving it to the disability program when there were only 45 Republicans in taken. shortens the lifespan, the solvency of the Chamber. Now there are 54 Repub- It was called political suicide at the the retirement program. All this re- licans in the Chamber, and the House time: Oh, you can’t bring that up. I form accomplishes is advancing the in- has a huge majority. mean those who are on Medicare or solvency date of the retirement fund, I think we can do better. I don’t Medicaid or Social Security will make while bailing out the mismanaged dis- think this should be rushed through sure that you will never be sent back ability fund by taking working Ameri- the Congress, and I object to its pas- to the Senate if that is what your goal cans’ pension contributions and reallo- sage. is. cating them to the disability fund. I yield the floor. I said: I just want every Hoosier to Again, the authors of the bill double The PRESIDING OFFICER (Mr. know, when you walk in that voting count the savings as both increasing SASSE). The Senator from Indiana. booth, what you are voting for and the sustainability of Social Security Mr. COATS. Mr. President, I ask what you are not voting for. disability and paying for the new unanimous consent that I be recog- And I received the mandate to come back to address that because people in spending. nized for up to 20 minutes and that So instead of implementing much Senator SANDERS be recognized imme- my generation understood that as to needed reforms to fix the disability diately following my remarks for up to the privileges they had received and program, which is projected to go 15 minutes. the opportunities they had received broke next year, this deal robs $150 bil- Mr. SANDERS. I thank the Senator. throughout their lives, they wanted to lion from the Social Security trust If you could extend that up to 20 min- pass them and that same opportunity fund and uses it to pay disability utes, that would be great. on to their children and their grand- checks through 2022. The Social Secu- Mr. COATS. Mr. President, I amend children. They wanted us to come back and make difficult decisions so that rity trust fund is never reimbursed. that to 20 minutes for Senator SAND- would happen. They reduce the amount of dedicated ERS, if there is no objection. It is not that this issue wasn’t money going to the Social Security re- The PRESIDING OFFICER. Without objection, it is so ordered. worked on. Whether it was to fix the tirement fund on everybody’s paycheck debt or the Business Roundtable, and redirect it for 3 years to the dis- Mr. COATS. Mr. President, having previously served in the Senate, I came Domenici-Rivlin, Simpson-Bowles, the ability fund, and the Social Security Gang of 6, the super committee result- retirement fund is never reimbursed for to the floor once again for the second time as a freshman Senator, in the ing from the Budget Control Act, and the money they lost. So Social Secu- the dinner club of Senators—all of rity is left in a worse financial situa- early months of 2011, full of optimism and a sense of purpose. these efforts over the early years I tion than it is currently. It is also a threw myself into and in support of. violation of the budget law to do that; Back for a second time as a newly elected freshman, I delivered my inau- And many of us—even on a bipartisan I am confident. basis—were working together to try to Furthermore, this bailout lasts only gural speech, which included the fol- lowing thoughts: address this gorilla in the room, the 6 years. In 2022, the disability fund runs runaway mandatory spending. It is now out of money again, and Congress will For each of us serving today, I believe it is our duty to rise to the immediate challenge eating up over 70 percent of our total have to bail it out once again. This bill budget and ever-decreasing discre- removes the incentive to provide seri- and resolve the problems which now confront us. It will take all of us, united behind a tionary spending. ous reform to fix that broken program common purpose—that above all else we The President, unfortunately, walked and put it on a sound basis. It kicks must first restore and strengthen our fiscal away from every effort that was made. the can down the road once again. security. We must articulate a clear vision, The efforts were divided, and nearly 40 In conclusion, I would say to my col- set specific goals and make the tough deci- of us—20 Democrats and 20 Repub- leagues that we don’t have to pass this sions needed to bring our nation out of debt licans—sent the President a letter stat- bill today. There is no crisis that re- and preserve prosperity and opportunity for ing: We need to address that, and we future generations. quires us to pass it today. There are a are willing to step up and address this number of interim steps we could take Those remarks outline a major part if you will join us in this process. to allow this bill to be out there for the of my vision for what I hope to achieve I was very much a part of the final Members who actually study it, to in my term as a Senator. It is now 5 effort with the President—the so-called offer amendments on it, and maybe im- years later. What I came back to try to dinner club—at the President’s initia- prove it for the American people to un- accomplish hasn’t been accomplished. tive. We were working with the Presi- derstand just what it is the Members of At the time, I saw—and it was the dent himself, his Chief of Staff, his top Congress are doing to their Social Se- reason why I answered the call to come Director of OMB—now Secretary curity and to the fiscal debt of Amer- back—that our fiscal health was erod- Burwell at HHS—and his political di- ica. ing right before our very eyes. I didn’t rector. Over the months, eight of us As I have mentioned, the Budget want to be a part of the first genera- met privately—there was no press, no Control Act of 2011 increased the tion of Americans to leave our children staff—working to see, as principals, if amount that we can borrow in ex- and the country worse off than the one we could come up with something. In change for $2.1 trillion in spending cuts we inherited. the end, it fell apart. It fell apart be- that we were able to win in 2011. What Anyone who reads through our his- cause the President, in the end, we did when we faced the debt ceiling tory knows the sacrifices that have wouldn’t even accept his own previous issue was that we were able to enforce been made by generation after genera- proposals—his own White House pro- our new spending law, which limited tion after generation so that their chil- posals to address this problem. the growth of spending in the future, dren and their grandchildren and their Here we are 5 years later. Currently, saving $2.1 trillion over that period of country could be in a better position so what we have gone from, under this ad- time. We are still in that time period, that they wouldn’t be saddled with the ministration, is a $10.6 trillion debt at and we are ceasing to save money be- burdens that might not allow them to the beginning of this Presidency to cause we are violating the law. live the American dream. now 18-plus, or almost $18.2 trillion. We were able to win a concession I asked Hoosiers to send me back to There was almost a doubling in just from the President. We didn’t cower Washington to focus on taking on these two terms of one President, almost a under our tables. We didn’t retreat essential issues. It was the first thing doubling of our debt. from the huffing and puffing of the in my very first debate, where I put it And here we stand with injunctions President on this issue. We stood up as on the table and said: Unless we go from the Congressional Budget Office
VerDate Sep 11 2014 23:34 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.030 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7619 saying that we are headed toward a cri- for our Department of Defense and our where we stop talking about these re- sis and it is holding down our economy. national security. All you have to do is forms and put them in place, where we We are not growing as we should and turn on the television and watch what make the political decisions that I be- putting people back to work as we is happening around the world to un- lieve will be supported back home. But should because this is a drag on us. It derstand that America is in a weak- even if they aren’t supported by every- is an anchor holding us down. ened position and that national one back home, even if they are dis- Every Member of this Senate under- strength and defense strength are im- torted by organizations that are funded stands that the issue here is not this portant for the future of our country. by trying to scare seniors into believ- particular program or that particular So I do think that was a legitimate ing Congress or the government is tak- program. The issue is runaway manda- issue to try to deal with. But to break ing away their benefits—which is not tory entitlements that are eating up the caps on an equal basis for more the case; we are trying to save those everything—virtually three-quarters of government spending on the discre- benefits and we are trying to put our everything they spend money on. tionary side simply is something we future generations, our children and There are essential functions of the shouldn’t have to do. grandchildren, in a better position so Federal Government that have to be These so-called pay-fors that were they won’t be so saddled with that addressed: the National Institutes of put out there are the same old, same debt—there are many ways we can go Health and, obviously, our defense and old. It is spend now and maybe we will forward. national security. There is the CDC, adjust the program later and that will We have talked about balancing our which deals with communicable dis- help cover the cost now. That hasn’t budget. What entity in the world eases, education funding, veterans pro- worked before, and it won’t work now. doesn’t have to balance a budget at grams, law enforcement, border secu- It is a gimmick, in most instances. It is some point? What entity can keep bor- rity, and food safety, just to name a something to sell the program, but it rowing money, saying on a piece of few. Those are essential functions. But doesn’t begin to address the problem of paper they will pay it later—that they the money available to do what govern- out-of-control debt. are going to spend it now and pay it ment needs to do is ever shrinking in Along with that, Social Security dis- later? What businessman or woman, ability, the trustees have said, is going terms of our ability to allocate it for what small, medium-sized, or large to go broke in just a few months, and that to be done, and the mandatory business, what family, what organiza- the benefits are going to have to be spending is just simply running out of tion continues to deal with their fiscal dramatically cut unless it is fixed. So control. issues the way the Federal Government Is anyone in this Senate or in this do we come in with a real fix for the deals with its fiscal issues and sur- Congress saying we should end Social real future of the Social Security-re- vives? We are careening toward a cri- Security, end Medicare, and end Med- lated programs? No, we transfer money sis. There are solutions for this, but it icaid? Everyone here is saying no. Ev- from the old age fund—actually, there takes political will, and we have seen eryone has to understand, however, is no money in that fund, we simply al- locate the money that is owed to that far too little of that political will. that to preserve those programs we More importantly, it takes support have to bring on sensible reforms, and fund to pay for solvency for the dis- from both branches of government, that has been the challenge. ability part of that fund. both the legislative and the executive, CBO said earlier this year: ‘‘Large First of all, the thing we need to do and growing federal debt would have is to be honest with the American peo- if we are going to accomplish this. Un- serious negative consequences, includ- ple is to rename the Social Security fortunately, it appears now we are ing increasing federal spending for in- trust fund to something else because going to have to wait for yet another terest payments; restraining economic the trust tells us there is money there Presidency, yet another Congress, be- growth in the long term; giving policy- to pay these benefits when there isn’t. cause we are kicking the can down the makers less flexibility to respond to There are IOUs there, locked in a box road. We are dumping this problem on unexpected challenges; and eventually or a safe somewhere. There are simply the next group coming in. Boy, I feel heightening the risk of a fiscal crisis. piled up pieces of paper saying: We for whoever winds up with the Presi- The evidence that we read and talk have to pay you back at some point. dency, whether it is Democrat or Re- about in the Senate every day comes to Without addressing this—and we saw publican, because of what they will in- the same conclusion. Congress too this last evening in the debate, those of herit, given the damage that has been often has governed to avoid a crisis and us who watched. I was going back and done over the past several years. failed to make the tough but necessary forth, to be truthful, between the Clearly, we need to address the go- choices. World Series and the debate, trying to rilla in the room. Clearly, we need to Now here we are in another crisis catch both of those. But we saw a few stand up and be truthful with the looming, another leverage for us to try Members stand up and tell the truth— American people, as some of our can- to achieve some sensible forward move- tell the American people exactly what didates were last evening. We must tell ment in terms of dealing with this run- the situation is and why we need to do them exactly where we are, what we away mandatory spending, and this is what we need to do. I commend those need to do, and then put the long-term the raising of the debt limit. Given all few who had the courage to go forward reforms in place that will save these the failure of previous efforts, the ex- and tell the American people straight programs and put America in a solid haustion of the private sector and con- up that this is the problem and it must fiscal situation. gressional efforts, we are left with very be solved. Getting a balanced budget amend- few options to address our fiscal prob- Anyway, speaking of this vote that is ment in place is something we have lems. Now we have a debt limit that is coming up—the vote that will allow talked about. We have made an effort, hitting us just days from now, Novem- more spending for Federal programs, and we need to continue that. Without ber 3, and we won’t be able to pay our many of which are not priority pro- the discipline of putting your hand on bills unless we raise that debt limit. grams—the arrangement will simply the Bible with your right hand up and So what have we done, using this po- allow us to take a pass on raising the swearing you will uphold the Constitu- tential leverage, to try to achieve debt limit. We are not going to use it tion of the United States, which in- something of significance? We end up as leverage to try and achieve anything cludes balancing our budget and not basically waving the white flag and meaningful in terms of entitlement— spending more than we take in, we will saying: There is really nothing more frankly, offsets that we have used be- never get there. You have to put people we can do. We just have to simply raise fore and we use over and over again. It under oath in order to achieve that. We this. We have to live with it. We have is the same old shuffle game where we have come close on a couple of occa- to continue spending more. Oh, and by move pieces around, but it doesn’t ac- sions but, unfortunately, not close the way, those caps that we put in complish the purpose. All of that leads enough. terms of discretionary spending, we me to the conclusion that I cannot sup- Therefore, I am resorting to a pro- have to break those also. port this particular arrangement. gram that has worked in the past re- There is a legitimate argument for There are reforms that must be put garding our national defense and our the need to provide additional funding in place. We have to get to the point military and proposing that what we
VerDate Sep 11 2014 23:49 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.031 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7620 CONGRESSIONAL RECORD — SENATE October 29, 2015 do is create another BRAC. BRAC was leave behind a country that is stronger and we try to understand why our prison the Base Realignment Commission—a more fiscally secure for future generations. population today is disproportionately process we finally agreed to because This crisis is not insurmountable. We can Black and Latino, one reason is be- there was no way we could touch or overcome it by doing what great generations cause in overpoliced Black neighbor- close anything, and we were just over- before us have done—mustering our will to hoods, African Americans are much do what is right. If we do, I know America’s run with excess spending and excess greatest days are not behind us, but still lie more likely to be arrested for smoking bases in the United States. And that ahead of us. or using marijuana than will Whites. worked. It worked very well. All of us Here is the simple truth: An upper mid- Mr. President, with that, I yield the here know exactly or very closely what dle class White kid in Scarsdale, NY, floor. the parameters of that were. has a much lower chance of being ar- In this case, if we cannot summon I suggest the absence of a quorum. rested for using marijuana than a low- the courage and the will to stand up The PRESIDING OFFICER. The income Black kid in Chicago or Balti- and do this, as we are required to do clerk will call the roll. more. Those are just the facts. under the oath of office we take, but The legislative clerk proceeded to Too many Americans in this country which we avoid doing, we should turn call the roll. have seen their lives destroyed because to a commission that would provide a Mr. SANDERS. Mr. President, I ask they have criminal records as a result solution. It would be a budget reduc- unanimous consent that the order for of marijuana use. That is wrong. That tion accountability commission. We the quorum call be rescinded. has to change. Let’s be clear. A crimi- can use the same BRAC title on the The PRESIDING OFFICER. Without nal record could mean not only jail thing. Let’s call it the budget reduc- objection, it is so ordered. time, but much more. If a person has a tion accountability commission, which MARIJUANA LEGALIZATION criminal record, it will be much harder would bring forward a plan to achieve Mr. SANDERS. Mr. President, I want for that person later in life to get a job. the goal of bringing us back to fiscal to spend a few minutes discussing a It is not so easy to come out of jail and health. We would put it before this major crisis in this country that must get a job, and if you don’t get a job, Congress, both the Senate and the be addressed. Tragically, in the United there is a strong likelihood you will go House, with a straight up-or-down ma- States of America we now have 2.2 mil- back into your same old environment jority vote—yea or nay. lion people in jail. We have more peo- and end up in jail again. If somebody Here is the plan. You haven’t been ple incarcerated than any other coun- has a criminal record, it may be impos- able to do it yourself, you have tried it, try on Earth, including China, which is sible for them to obtain certain types we appreciate your trying it, but it has a Communist authoritarian country of public benefits and in fact make it come up short, whether it is the execu- four times our size. We have more peo- difficult for them to even live in public tive branch or the legislative branch. ple in jail than does China. housing. A criminal record stays with a So the outside commission presents the Further, at a time of large deficits person for his or her entire life until path forward, and we say yes or no. and a very large national debt, we are the day he or she dies. A criminal Then the people back home all know spending about $80 billion a year in record destroys lives. exactly where we stand in terms of the Federal, State, and local taxpayer Right now, under the Controlled Sub- future fiscal health of this country. money to lock up people—$80 billion a stances Act, marijuana is listed as a They will know exactly where we stand year to incarcerate people. Schedule I drug, meaning it is consid- in terms of how we want to leave our Our criminal justice system is bro- ered to be a drug that is extremely legacy to the next generation and fu- ken, and we need major reforms in that dangerous. In fact, under the act, mari- ture generations, how we want to treat system. I think there is no debate in juana is considered to be as dangerous our children and our grandchildren. this country that violent and dan- as heroin. I know there are conflicting Each Member will have to go home gerous people must be locked up and opinions about the health impacts and not talk about procedures and not they must be kept in jail and away marijuana may have, but nobody I talk about bumping up to the crisis from society. I think nobody argues know seriously believes marijuana is as level of spending and how we have to that. On the other hand, I hope there is dangerous as heroin. This is absurd. do something to avoid a government also no debate that nonviolent people— Nobody believes that. In my view, the time is long overdue shutdown or avoid chaos or avoid eco- people who have been convicted of rel- for us to take marijuana off of the Fed- nomic collapse. Every Member will go atively minor crimes—should not have eral Government’s list of outlawed home and say they were presented with their lives destroyed while they do a plan to get us there, and they were drugs. In my view, at a time when Col- time in prison and create an arrest either for it or against it. Nobody could orado, Washington, Oregon, Alaska, record which will stay with them for say: Well, we had to do this, we had to and the District of Columbia have al- their entire lives. The important point do that, it was late, we bumped up ready legalized the personal use of is, it is not just the year or 2 years against the ceiling, it was running out, marijuana, every State in this country somebody is in prison; this record will and so forth. I am tired of hearing all should have the right to regulate mari- stay with them for their entire lives of that. juana the same way that State and Mr. President, clearly solutions exist and do enormous damage to their lives. local laws now govern sales of alcohol to deal with this problem. Clearly, we In 2014 there were 620,000 marijuana and tobacco. Among other things, that must summon the courage to set aside possession arrests. That is one arrest means recognized businesses in States politics and do what we all know we every minute. According to a report by that have legalized marijuana should need to do and suffer the consequences. the ACLU, there were more than 8 mil- be fully able to use the banking system I think the consequences will be ap- lion marijuana arrests in the United without fear of Federal prosecution. plause and support because finally States from 2001 to 2010—8 million In response to the initiatives that someone is standing up and saying we marijuana arrests—and almost 9 in 10 Colorado and other States have taken, are going to fix this problem for the fu- were for possession. Arrests for mari- the Obama administration has essen- ture of America and the future of our juana possession rose last year nation- tially allowed these States to go for- children and grandchildren; we are wide even as Colorado, Washington, Or- ward and do what the people in those going to take that risk. If the groups egon, Alaska, and the District of Co- States have chosen to do. That is a outside are going to rally against this lumbia became the first States in the good step forward, but it is not good kind of thing and try to take us down, Nation to legalize personal use of mari- enough because a new administration fine; we will go down doing the right juana. with a different point of view could thing. But I think we will be rewarded Let’s be clear that there is a racial simply go forward and prosecute those for doing so. component to this situation. Although marijuana businesses and individuals I want to close this today with the about the same proportion of Blacks in those States who use marijuana de- same words I used to conclude my in- and Whites use marijuana, a Black per- spite what the people in those States augural speech in 2011, where I said: son is almost four times more likely to have decided to do legislatively. I am standing here today to find solu- be arrested for marijuana possession What I am saying is not that the tions—to make the hard decisions—and to than a White person. In other words, as Federal Government should legalize
VerDate Sep 11 2014 23:49 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.032 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7621 marijuana throughout the country. II veteran, I realize what it means for ical that we act now. The VA has said This is a decision for the States. I hope a family member to be willing to sac- it would issue this legal position in No- many of my colleagues, especially rifice their life for their country. We vember, which could put thousands of those who express support for States’ promise our men and women in uni- veterans on the street. We are running rights and our Federalist system of form that the country will be there for out of time. But the solution to this government, those who often decry the them after they leave service, and crisis is now before us, and we can do it power of the big bad Federal Govern- sometimes that means long after the by passing the Homeless Veterans ment in undermining local initiatives, war is over. But I am concerned our Services Protection Act. would support my very simple and country is about to turn its back on I don’t believe there is any Member straightforward legislation that will be thousands of veterans, and I am here of this body who would deny our obli- introduced next week. today to say we have to fix it. gation to ensure that veterans are All my legislation says is that if a Last year, the VA told homeless serv- taken care of and have a roof over their State chooses to legalize marijuana, ice providers they needed to cut off head. While our country has made that State should be able to go forward services to certain veterans who had great strides in recent years providing without legal impediments from the other than honorable discharges or had homeless services to the men and Federal Government. not served a certain length of time. If women who so bravely served our coun- CAPITAL PUNISHMENT that policy had been enacted, it would try, I believe that even one veteran Mr. President, I want to talk about have been a major setback for veterans sleeping on our streets in the United an issue of great importance in this across the country. It would have set States is one too many. We know we country. I believe the time is now for us back on our goal of ending veteran have a lot of work ahead of us. the United States to end capital pun- homelessness, a goal that the adminis- Veterans are at a greater risk of be- ishment. I know this is not necessarily tration has set for itself and hundreds coming homeless than nonveterans. On a popular point of view, but in my view of mayors across the country have any given night, as many as 50,000 vet- it is the right point of view. Virtually committed to. It would have been sim- erans are homeless here in this coun- every Western industrialized country ply unacceptable. These are veterans try. With an influx of veterans now re- has chosen to end capital punishment. who need our support. Many of them turning from the wars in Iraq and Af- I would rather have our country stand struggle with mental illness and sub- ghanistan, the numbers of veterans side-by-side with European democ- stance abuse or simply finding employ- seeking care will continue to go up. racies than with countries like China, ment. In short, this problem is not going Iran, Saudi Arabia, and others that According to some of our leading vet- away. Our veterans have made great maintain the death penalty. erans and homeless groups—including sacrifices serving our country. We can- We are all shocked and disgusted by the American Legion, the National Al- not turn our backs on them when they the horrific murders we see in this liance to End Homelessness, the Na- come home. That commitment in- country, including massacres in tional Low Income Housing Coalition, cludes providing benefits, medical care, schools and on college campuses that and the National Coalition for Home- support, and assistance to prevent seem to take place every week. All of less Veterans—if the policy had been homelessness. It is a commitment that us are tired and disgusted with what we enacted, the VA would have had to stop shouldn’t stop simply because we have are seeing, but it seems to me that at serving about 15 percent of the home- run into a policy roadblock. a time of rampant violence and murder less veteran population. In some urban I am very pleased to call this up now all over the world, where people are areas, up to 30 percent of homeless vet- with the Heller amendment which is being blown up and their heads are erans would be turned away. the text of S. 1105. It is a bill that I being cut off, it is important that the Thankfully, after hearing concern strongly support. The provision will in- state itself, the Federal Government in from around the country, including crease the availability of care for America, say loudly and clearly that from my home State of Washington, homeless veterans with children by re- we will not be part of that process. the VA was able to put off that terrible imbursing facilities funded by the VA When people commit horrendous policy change. But, unfortunately, the Grant and Per Diem Program. crimes—and we see too many of them— VA is now expected to announce their I want to thank Senator HELLER for we should lock them up and throw final decision any day that the reprieve his leadership on this issue. I want to away the key. I have no problem in is over, and they are going to have to thank Senator ISAKSON and Senator saying that people who commit terrible go ahead with this change and force BLUMENTHAL for their leadership, as murders should spend the rest of their homeless providers to turn away vet- the heads of the Veterans Affairs’ Com- lives in jail, but the state itself, in a erans who have nowhere else to go— mittee, and for their support in being democratic civilized society, should veterans whose providers have been here today. itself not be involved in the murder of serving them for decades. That is I am hoping Democrats and Repub- other Americans. wrong. This policy change would be licans join us today to right this wrong I know there are strong differences of heartless. It is a bureaucratic move and prevent this problem from hap- opinion on this issue. In fact, I think I that would put thousands of veterans pening. It shouldn’t be a partisan issue. am in a minority position, but I think on the streets practically overnight, It is not a political issue. This is a vet- those of us who want to set an exam- and it has to be stopped. erans issue. It is one that should bring ple, who want to say that we have to The VA is going to enact this policy us all together. end the murders and the violence we when the final decision is made. So With that, I ask unanimous consent are seeing in our country and all over Congress needs to act now to stop this that the Committee on Veterans’ Af- the world, should in fact be on the side from happening. Earlier this year, I in- fairs be discharged from further consid- of those of us who believe we must end troduced the Homeless Veterans Serv- eration of S. 1731 and the Senate pro- capital punishment in this country. ices Protection Act. That is a bill that ceed to its immediate consideration. Mr. President, I yield the floor. would ensure our most vulnerable vet- The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. erans would be assured continued ac- objection, it is so ordered. HOEVEN). The Senator from Wash- cess to critical homeless service pro- The clerk will report the bill by title. ington. grams, regardless of their discharge The legislative clerk read as follows: f status or length of service. In other A bill (S. 1731) to amend title 38, United words, it fixes the problem the VA says States Code, to waive the minimum period of HOMELESS VETERANS SERVICES it has and makes sure they do not have continuous active duty in the Armed Forces PROTECTION ACT OF 2015 to cut off homeless veterans from care. for receipt of certain benefits for homeless Mrs. MURRAY. Mr. President, I want My bill will make it clear that our veterans, to authorize the Secretary of Vet- erans Affairs to furnish such benefits to to take a few minutes to talk about an country takes care of those who served homeless veterans with discharges or re- issue that is very important to me, and and that we do not allow bureaucracy leases from service in the Armed Forces with that is the care of our Nation’s vet- to dictate who gets a roof over their other than dishonorable conditions, and for erans. As the daughter of a World War head and who does not. But it is crit- other purposes.
VerDate Sep 11 2014 23:49 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.033 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7622 CONGRESSIONAL RECORD — SENATE October 29, 2015 There being no objection, the Senate (2) by adding at the end the following: tion will also extend this eligibility to proceeded to consider the bill. ‘‘(b) VETERAN DEFINED.—(1) Notwith- the dependents of homeless veterans. Mrs. MURRAY. Mr. President, I ask standing section 101(2) of this title and ex- Given the work that I have done with unanimous consent that the Heller cept as provided in paragraph (2), for pur- poses of sections 2011, 2012, 2013, 2044, and 2061 Senator MURRAY on eligibility for amendment be agreed to; the bill, as of this title, the term ‘veteran’ means a per- homeless veterans’ dependents, I be- amended, be read a third time and son who served in the active military, naval, lieve it was important we addressed passed, and the motion to reconsider be or air service, regardless of length of service, both the needs of the veteran as well as considered made and laid upon the and who was discharged or released there- their dependents. table. from. In cities such as Las Vegas, where The PRESIDING OFFICER. Without ‘‘(2) For purposes of paragraph (1), the veteran homelessness remains a serious objection, it is so ordered. term ‘veteran’ excludes a person who— problem, the support of housing and ‘‘(A) received a dishonorable discharge The amendment (No. 2760) was agreed service centers that receive VA funding to, as follows: from the Armed Forces; or ‘‘(B) was discharged or dismissed from the is absolutely critical in getting these (Purpose: To authorize per diem payments Armed Forces by reason of the sentence of a veterans back on their feet. Not only under comprehensive service programs for general court-martial.’’. do the programs provide housing but homeless veterans to furnish care to de- SEC. 5. TRAINING OF PERSONNEL OF THE DE- they also offer services, such as case pendents of homeless veterans) PARTMENT OF VETERANS AFFAIRS management, education, crisis inter- On page 4, between lines 15 and 16, insert AND GRANT RECIPIENTS. vention, and other services to special the following: The Secretary of Veterans Affairs shall SEC. 6. AUTHORIZATION OF PER DIEM PAYMENTS conduct a program of training and education populations and important populations FOR FURNISHING CARE TO DEPEND- to ensure that the following persons are such as homeless women veterans. ENTS OF CERTAIN HOMELESS VET- aware of and implement this Act and the This Congress has a responsibility to ERANS. amendments made by this Act: ensure that existing veterans under Section 2012(a) of title 38, United States (1) Personnel of the Department of Vet- this program remain eligible, but also Code, is amended by adding at the end the erans Affairs who are supporting or admin- that dependents of veterans, especially following new paragraph: istering a program under chapter 20 of title ‘‘(4) Services for which a recipient of a their children, are taken care of when 38, United States Code. grant under section 2011 of this title (or an their veteran parents have fallen on (2) Recipients of grants or other amounts entity described in paragraph (1)) may re- for purposes of carrying out such a program. hard times. ceive per diem payments under this sub- That is why I introduced the CARE section may include furnishing care for a de- SEC. 6. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPEND- for Veterans’ Dependents Act with Sen- pendent of a homeless veteran who is under ENTS OF CERTAIN HOMELESS VET- ator MURRAY, to make dependents eli- the care of such homeless veteran while such ERANS. homeless veteran receives services from the gible for care at VA-funded facilities. Section 2012(a) of title 38, United States These children and their parents de- grant recipient (or entity).’’. Code, is amended by adding at the end the serve the certainty that they will able The bill (S. 1731), as amended, was or- following new paragraph: dered to be engrossed for a third read- ‘‘(4) Services for which a recipient of a to access supportive housing during ing, was read the third time, and grant under section 2011 of this title (or an their serious time of need. I am proud passed, as follows: entity described in paragraph (1)) may re- that we were able to move forward on ceive per diem payments under this sub- this measure, which was just accepted S. 1731 section may include furnishing care for a de- a few moments ago by unanimous con- Be it enacted by the Senate and House of Rep- pendent of a homeless veteran who is under sent. resentatives of the United States of America in the care of such homeless veteran while such Senator MURRAY and I have a proud Congress assembled, homeless veteran receives services from the SECTION 1. SHORT TITLE. grant recipient (or entity).’’. history of working together to advo- This Act may be cited as the ‘‘Homeless SEC. 7. REGULATIONS. cate on behalf of our Nation’s veterans, Veterans Services Protection Act of 2015’’. Not later than 270 days after the date of and today’s passage of this legislation SEC. 2. WAIVER OF MINIMUM PERIOD OF CONTIN- the enactment of this Act, the Secretary of is another testament to our strong UOUS ACTIVE DUTY IN ARMED Veterans Affairs shall prescribe regulations, partnership on behalf of veterans. I am FORCES FOR CERTAIN BENEFITS including such modifications to section 3.12 FOR HOMELESS VETERANS. also grateful to the chairman of the of title 38, Code of Federal Regulations (or Section 5303A(b)(3) of title 38, United committee, Senator ISAKSON, and to any successor regulation), as the Secretary States Code, is amended— Ranking Member BLUMENTHAL of the considers appropriate, to ensure that the De- (1) by redesignating subparagraphs (F) and Senate Committee on Veterans’ Af- partment of Veterans Affairs is in full com- (G) as subparagraphs (G) and (H), respec- pliance with this Act and the amendments fairs, for working so diligently with us tively; and made by this Act. to make this happen. (2) by inserting after subparagraph (E) the SEC. 8. EFFECTIVE DATE. Mr. President, I yield back to the following new subparagraph (F): Senator from Washington. ‘‘(F) to benefits under section 2011, 2012, This Act and the amendments made by 2013, 2044, or 2061 of this title;’’. this Act shall apply to individuals seeking Mrs. MURRAY. Mr. President, I yield benefits under chapter 20 of title 38, United SEC. 3. AUTHORIZATION TO FURNISH CERTAIN back. BENEFITS TO HOMELESS VETERANS States Code, before, on, and after the date of Mr. HELLER. Mr. President, I sug- WITH DISCHARGES OR RELEASES the enactment of this Act. gest the absence of a quorum. UNDER OTHER THAN HONORABLE Mrs. MURRAY. Mr. President, I want The PRESIDING OFFICER. The CONDITIONS. to thank Senator HELLER, Senator clerk will call the roll. Section 5303(d) of title 38, United States Code, is amended— ISAKSON, and the other Members who The bill clerk proceeded to call the (1) by striking ‘‘not apply to any war-risk worked so hard for this. I would like to roll. insurance’’ and inserting the following: ‘‘not yield some time to the Senator from Mr. LEAHY. Mr. President, I ask apply to the following: Nevada. unanimous consent that the order for ‘‘(1) Any war-risk insurance’’; and The PRESIDING OFFICER. The Sen- the quorum call be rescinded. (2) by adding at the end the following new ator from Nevada. The PRESIDING OFFICER. Without paragraph: Mr. HELLER. Mr. President, I want objection, it is so ordered. ‘‘(2) Benefits under section 2011, 2012, 2013, to thank Senator MURRAY for her ef- f 2044, or 2061 of this title (except for benefits forts here today and for her willingness for individuals discharged or dismissed from TRADE ACT OF 2015—Continued the Armed Forces by reason of the sentence to work with me on including a provi- of a general court-martial).’’. sion that we worked on together for UNANIMOUS CONSENT REQUEST—S. RES. 222 SEC. 4. MODIFICATION OF DEFINITION OF VET- several years now as members of the Mr. LEAHY. Mr. President, as the ERAN FOR PURPOSES OF PRO- Senate Committee on Veterans’ Af- proud parent of a wonderful daughter VIDING CERTAIN BENEFITS TO fairs. Senator MURRAY’s legislation en- and the proud grandparent of three HOMELESS VETERANS. wonderful granddaughters, like so Section 2002 of title 38, United States Code, sures that homeless veterans continue is amended— to be eligible for the VA’s Grant and many others, I was proud of the U.S. (1) by striking ‘‘In this chapter’’ and in- Per Diem Program. Women’s National Team and their his- serting ‘‘(a) IN GENERAL.—In this chapter’’; With my provision that Senator toric World Cup victory. I was even and MURRAY agreed to include, this legisla- more proud on Tuesday when I saw
VerDate Sep 11 2014 01:05 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.036 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7623 them at the White House with Presi- to women and girls but also to men and rible message to mothers, daughters, dent Obama. boys around the world. Equal pay for and granddaughters across the globe. I know all Americans are so proud, as equal work should not be an ideal we As I said, every single Democrat sup- well as honored. The reason why so talk about, but a reality. ports this resolution. I am very dis- many Americans are proud of it is that The men’s teams that lost in the 2014 appointed that the Republicans are earlier this year, with more than 25 Men’s World Cup was awarded $8 mil- blocking it. million Americans watching, this elec- lion. The women’s team, which was I will leave after saying one more trifying group of athletes led the watched worldwide as they won, was thing. The women’s team won to inter- United States to a record third World awarded $2 million. The men’s team national acclaim, and they were award- Cup title. We all cheered, but then that did win was awarded $35 million. I ed $2 million. The men’s teams that along with a lot of other Americans, I cannot imagine anybody who could lost in the first round was paid $8 mil- was surprised to learn that the U.S. stand up for that kind of disparity and lion. The men’s team that won was Women’s National Team—even though treat men so much differently and so awarded $35 million. there were enormous receipts from the much better than women. These are Wimbledon knows better. The U.S. Open Tennis Championships said TV coverage of this—received $2 mil- athletes who worked hard from the enough is enough. Women should be lion for winning the Women’s World time they were young to be the best of treated the same as men. Cup. The 2014 Men’s World Cup winners the best. They made America proud. A 13-year-old girl wrote to the Presi- were awarded $35 million. When the But I think we make America a little dent and said: ‘‘It makes me mad that women won, it was $2 million. When ashamed if we do not stand up and say: people do not treat girls equally.’’ the men won, it was $35 million. To We want women treated the same as Well, I have a granddaughter who will make it even worse, the men’s teams men. be 13 in December. How do I speak to that lost in the first round of the 2014 Mr. President, I ask unanimous con- her? How do I tell her that the U.S. Men’s World Cup were awarded $8 mil- sent that the HELP Committee be dis- Senate—which is sort of waiting lion. In other words, if you lose and are charged from further consideration of around here and has not done anything a man, you get $8 million. If you are a S. Res. 222, and that the Senate pro- today—is unwilling to take 10 seconds, woman and you win, you get $2 million. ceed to its immediate consideration— 30 seconds, 50 seconds to say: Let’s That is really not acceptable. I can- this is the resolution calling on FIFA treat women athletes the same as men. not imagine anybody finding it accept- to pay the same; and that the resolu- I thank my Democratic colleagues able. I wanted to raise some awareness tion be agreed to, the preamble be for supporting this legislation. I hope of this. I introduced a Senate resolu- agreed to, and the motions to recon- my Republican colleagues will change tion calling on soccer’s international sider be considered made and laid upon their minds and say: Let’s treat female governing body, FIFA, to eliminate its the table with no intervening action or athletes the same as male athletes, es- discriminatory prize awards structure. debate. pecially since the World Cup organiza- It highlights the gross pay disparity The PRESIDING OFFICER. Is there tion made a fortune on TV rights. They in their award structure and calls for objection? certainly made a heck of a lot more immediate change. All Democrats sup- The Senator from Tennessee. money on those TV rights while the port this call. I have heard some oppo- Mr. ALEXANDER. Mr. President, re- women were winning than they were nents of an equal prize awards struc- serving the right to object, I listened making when the men’s team lost, but ture in sports who say: Oh, no, we must carefully to the distinguished Sen- the men’s teams that lost in the first pay men more than women. They point ator’s comments. Gender discrimina- round were still paid $8 million. They to revenue as the reason behind this tion is wrong, and we all know that. We made four times more than the women disparity. Revenue cannot be accepted have enacted laws in the United States who won the championship were paid. as a means for discrimination. Awards for sports and for the workplace to It is sexist, and it is wrong. should not be determined by gender. make sure that we reflect those values. In this day and age we need to stop That is why major sporting events, in- I support those laws, but we have a treating women as second-class citi- cluding the U.S. Open Tennis Cham- budget to pass, a debt crisis to fix, an zens. I do not want my daughter treat- pionships and Wimbledon changed their education system that needs reform, ed that way. I do not want my grand- prize award structure to assure that and a humanitarian crisis in Europe daughters treated that way. I do not both female and male athletes are that we ought to address. That is what want the women in Vermont treated treated with the same dignity and re- the U.S. Senate ought to be spending that way. I do not want women any- spect they deserve. its time on rather than offering opin- where in this country to be treated This proud father and grandfather ions and resolutions about a private that way. I want to say to that 13-year- feels that my sons and my daughter international entity and how they old girl who is angry because of the un- should be treated the same and my should distribute prizes and awards. So fair treatment of girls: I am sorry the grandsons and granddaughters should I object. U.S. Senate would not stand up for be treated the same. In fact, it is why The PRESIDING OFFICER. Objec- you, but I, and others, stand up for the U.S. Women’s National Team was tion is heard. you, and I always will. Let us hope rightly honored with a Ticker-Tape pa- Mr. LEAHY. Mr. President, last night someday the Senate stands up for you rade and magazine covers for each we passed resolutions, and here we are too. We can see how busy we are at this player and their head coach by Sports talking about taking 30 seconds out of time. There is not a single Senator on Illustrated. our busy, busy schedule. Of course, we the floor, except for the distinguished These athletes, recognized at the were in a quorum call for a few hours Presiding Officer, of course, and so I White House on Tuesday, are global today. We could take 30, 50, or 82 sec- will suggest the absence of a quorum. icons. Not just here in America but onds out of the 100 hours or so we will The PRESIDING OFFICER. The around the world they are recognized. spend during the month sitting here clerk will call the roll. They are role models to young athletes doing nothing and pass a resolution The bill clerk proceeded to call the and fans everywhere. that calls for the equal treatment of roll. This includes fans such as 13-year-old male and female athletes. Mr. TESTER. Mr. President, I ask Ayla Ludlow. She wrote to President If we cannot even do that, is it any unanimous consent that the order for Obama and the First Lady after the wonder that the approval ratings of the the quorum call be rescinded. Women’s World Cup. She said: ‘‘It Senate are in the tank? If we cannot The PRESIDING OFFICER. Without makes me mad that people do not treat even pass a nonbinding resolution, how objection, it is so ordered. girls equally.’’ I agree. It is time to can we ever achieve real pay equity for Mr. TESTER. Mr. President, I rise recognize all athletes for their con- women? What is the real objection? We today to address a frustrating situa- tributions—not make women second- are simply urging for the equal treat- tion that has brought us here today. class citizens. By taking an overdue ment of female athletes. Treating peo- For months I have been calling on Con- but important step toward pay equity, ple differently solely because of their gress to come to the middle and nego- we send a resounding message not just gender is unacceptable. It sends a ter- tiate a responsible budget deal that
VerDate Sep 11 2014 23:49 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.038 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7624 CONGRESSIONAL RECORD — SENATE October 29, 2015 works for the American people, but I know this budget deal isn’t perfect, vancing conservative reform. I look time and time again, whether it was in but it is the product of compromise, forward to working closely with him as the Appropriations Committee or here however last minute it may be and we move forward. on the Senate floor, Members of this however limited the ability of Senators Speaker RYAN knows what it means body refused to have a conversation to weigh in on it is. But by raising the to work hard. He knows what it means about how to do that. They dug their debt ceiling, we will prevent interest to dream big dreams. He knows what it heels in and said: It is my way or the rates from skyrocketing and the value means to achieve them as well. Some- highway. of the dollar from plummeting. By end- thing we all admire about Speaker Now here we are, down to the wire, ing the sequester, we will do away with RYAN is his determination to ensure and they finally realize that sequestra- severe budget cuts that are hurting our others are able to achieve big things in tion is damaging. It is something that veterans, seniors, students, and work- their lives too, to ensure others can we have been saying from day one. Un- ing families. lead fulfilling lives defined by meaning fortunately, it cost the Speaker of the We will shore up Social Security and and punctuated with purpose. House his job, it wasted months of allow ourselves to make responsible in- There is no doubt he cares deeply. He time, and it continued to erode what is vestments in our national security, cares about combating poverty effec- left of the faith that the American peo- education, health care, and public tively. He cares about lifting up the ple have in Congress. lands. It will reduce a massive pre- middle class successfully. And because Coming from Montana, I find this in- mium hike that was scheduled to im- he cares, he is willing to call out failed credibly frustrating. Folks back home pact 46,000 Montana seniors who use policies when they hurt those they are are reasonable. They talk to their Medicare for their health insurance. supposed to help, and he has suggested neighbors even if they don’t agree with This legislation will keep those pre- better ways forward as well. them. They compromise, negotiate, miums more manageable. In short, here is what we can say give a little, and most of the time they Those accomplishments are critically about Speaker RYAN: He has a big get a lot. This body could learn a lot important to our economy and worthy heart, he has an extraordinary intel- from my constituents. of this Senate’s support, but as with The Senate was designed to be a de- lect, and he knows how to lead with anything that comes together at the liberative body. It was supposed to be a both. That quality is rare around here. last minute, there are provisions I place where conversations and com- So is having a reputation that so great- don’t like, things that could have been promise happen, where we reach across ly precedes oneself in such a positive fixed if we had taken more time to ne- the aisle and partner with our col- way. But that is Speaker RYAN. gotiate. Take, for instance, the budg- leagues with whom we might not al- Nothing is going to come easily in ways agree. That kind of bipartisan- et’s impact on our rural hospitals. his new role, and he certainly knows ship requires more time, harder work, There are provisions in here that could that. Neither of us will be under any il- and tougher conversations. Sure, it is a severely limit access to rural health lusions about the positions we hold. We lot easier to scream and yell at the care. I am committed to addressing face a Democratic Party that con- other side so the super PACs and mil- those concerns in the upcoming appro- tinues to move left. We face a Presi- lionaires who fund too much of our pol- priations process because folks in Mon- dent who doesn’t seem very interested itics these days know we didn’t back tana and other rural States shouldn’t in cooperation on the big things or the down, but at the end of the day, that have to drive hundreds of miles to see hard things, nor on making divided doesn’t move the country forward, and a doctor. government work. These are the reali- unfortunately that happened again this As I said, this budget isn’t perfect. ties that face us, and we might as well year. The most disappointing thing is that it acknowledge them, but it won’t stop us Had we started these budget negotia- could have been so much better. But in from working together to advance con- tions back in July when 10 moderate the spirit of compromise that got us servative reform as well as to achieve Members of this body first rang the here today, we need to use that con- solutions for the middle class whenever alarm, we wouldn’t be in a last-minute versation to make sure we get things we can. scramble today. I am disappointed. I done. Today, though, let’s celebrate Speak- am disappointed in the Senate. The I know there will always be those er RYAN’s extraordinary achievement. only time folks are talking to one an- who refuse to get off the ideological He has already proven his stature as a other is when there is a crisis. The only soapbox and who like to watch others leader in our party. From leading the time folks are working together is do the hard work of governing, but Nation on responsible budgeting and when we are faced with fiscal cliffs, those folks usually don’t last long with pro-growth tax reform to serving as an economic meltdowns, and catastrophes. my constituents. extraordinary candidate for Vice Presi- I hope we realize that Congress is the With that, I yield the floor. dent, he always rises to the challenge. only place in this country that oper- The PRESIDING OFFICER. The ma- I would note for my House colleagues ates like this. Businesses and families jority leader. that their incoming leader campaigned plan, talk, and they certainly don’t CONGRATULATING SPEAKER PAUL RYAN vigorously to become President of the wait until the last minute to get their Mr. MCCONNELL. Mr. President, Senate, but he was drafted into the financial house in order. when responsibility calls, it is usually Speakership. Why does it take an emergency for not at a time of our choosing. The deci- But, look, on a more serious note, Congress to govern? Why does it take a sion to answer is rarely easy or PAUL RYAN may not have asked for this looming deadline for folks to come to straightforward. PAUL RYAN knows job, but the moment called for him to their senses and to do their jobs? It is this. He spent his nights dreaming lead, and I am grateful that he will be- because the voices in the middle are about tax policy, not the Speakership. cause we know he is a leader who has getting drowned out by the voices on But our country is fortunate that he repeatedly demonstrated the talent, the fringes. We have become afraid of stepped up to lead, and I know I am the vision, and the experience to suc- compromise. In many circles it is a grateful that he did. ceed. dirty word, one that should never be Speaker RYAN is thoughtful about I look forward to building a strong uttered. the issues facing our Nation. He is partnership on behalf of our country. So here we are today, just a few days sober-minded. He knows the job he is f before we default on our debt, and we walking into is tough. He also under- have wasted so much time. Our inabil- stands the potential it holds in terms EXECUTIVE SESSION ity to tackle these issues earlier this of conservative solutions for our coun- year caused the appropriations process try and in terms of more opportunity to break down. It caused an unneces- for the middle class. EXECUTIVE CALENDAR sary veto of the Defense authorization When I called to congratulate Speak- Mr. MCCONNELL. Mr. President, I bill, something our troops are waiting er RYAN, we discussed our many shared ask unanimous consent that the Sen- for us to resolve while they stand on goals in Congress. We pledged a strong ate proceed to executive session for the the frontlines. partnership. We aimed to continue ad- consideration of Calendar Nos. 345
VerDate Sep 11 2014 01:05 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.040 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7625 through 355 and all nominations on the IN THE AIR FORCE The PRESIDING OFFICER. Without Secretary’s desk in the Air Force, The following Air National Guard of the objection, it is so ordered. Army, and Navy; that the nominations United States officer for appointment in the The clerk will report the nomination. be confirmed en bloc, and the motions Reserve of the Air Force to the grade indi- The bill clerk read the nomination of to reconsider be considered made and cated under title 10, U.S.C., sections 12203 Edward L. Gilmore, of Illinois, to be laid upon the table with no intervening and 12212: United States Marshal for the North- action or debate; that no further mo- To be major general ern District of Illinois for the term of tions be in order; that any statements Brig. Gen. Stephen E. Markovich four years. related to the nominations be printed IN THE ARMY Thereupon, the Senate proceeded to consider the nomination. in the RECORD; and that the President The following Army National Guard of the The PRESIDING OFFICER. The be immediately notified of the Senate’s United States officer for appointment in the question is, Will the Senate advise and action. Reserve of the Army to the grade indicated The PRESIDING OFFICER. Without under title 10, U.S.C., sections 12203 and consent to the Gilmore nomination? 12211: The nomination was confirmed. objection, it is so ordered. The PRESIDING OFFICER. Under The nominations considered and con- To be brigadier general Col. Marta Carcana the previous order, the motion to re- firmed en bloc are as follows: consider is considered made and laid IN THE AIR FORCE NOMINATIONS PLACED ON THE SECRETARY’S DESK upon the table and the President will The following Air National Guard of the be immediately notified of the Senate’s IN THE AIR FORCE United States officer for appointment in the action. Reserve of the Air Force to the grade indi- PN603 AIR FORCE nominations (1451) be- cated under title 10, U.S.C., sections 12203 ginning BRANDON R. ABEL, and ending f and 12212: BRANDON A. ZUERCHER, which nomina- LEGISLATIVE SESSION To be brigadier general tions were received by the Senate and ap- peared in the Congressional Record of June The PRESIDING OFFICER. Under Col. Thomas K. Wark 24, 2015. the previous order, the Senate will re- The following Air National Guard of the PN805 AIR FORCE nominations (19) begin- sume legislative session. United States officer for appointment in the ning MICHELLE T. AARON, and ending Mr. MCCONNELL. I suggest the ab- Reserve of the Air Force to the grade indi- KIRK P. WINGER, which nominations were sence of a quorum. cated under title 10, U.S.C., sections 12203 received by the Senate and appeared in the The PRESIDING OFFICER. The and 12212: Congressional Record of September 9, 2015. clerk will call the roll. To be brigadier general PN808 AIR FORCE nominations (50) begin- The senior assistant legislative clerk Col. Howard P. Purcell ning QUENTIN D. BAGBY, and ending proceeded to call the roll. The following named officer for appoint- MARY A. WORKMAN, which nominations Mr. PAUL. Mr. President, I ask unan- ment in the Reserve of the Air Force to the were received by the Senate and appeared in imous consent that the order for the the Congressional Record of September 9, grade indicated under title 10, U.S.C., section quorum call be rescinded. 12203: 2015. PN811 AIR FORCE nominations (126) begin- The PRESIDING OFFICER. Without To be brigadier general ning ROBERT H. ALEXANDER, and ending objection, it is so ordered. Col. Allan L. Swartzmiller JUSTIN DAVID WRIGHT, which nomina- f IN THE ARMY tions were received by the Senate and ap- TRADE ACT OF 2015—Continued The following named officer for appoint- peared in the Congressional Record of Sep- ment in the United States Army to the grade tember 9, 2015. Mr. PAUL. Mr. President, I rise indicated while assigned to a position of im- IN THE ARMY today in opposition to raising the debt portance and responsibility under title 10, PN784 ARMY nomination of Matthew P. ceiling. I rise particularly in opposi- U.S.C., section 601: Tarjick, which was received by the Senate tion to raising the debt ceiling without To be lieutenant general and appeared in the Congressional Record of getting any sort of spending reform or Lt. Gen. David D. Halverson September 8, 2015. budgetary reform in return. In fact, it PN816 ARMY nomination of Judith S. Mey- The following named officer for appoint- will be completely the opposite. We ers, which was received by the Senate and ment in the United States Army to the grade will be raising the debt ceiling in an appeared in the Congressional Record of Sep- indicated while assigned to a position of im- unlimited fashion. We will be giving tember 9, 2015. portance and responsibility under title 10, PN817 ARMY nominations (2) beginning President Obama a free pass to borrow U.S.C., section 601: THOMAS W. WISENBAUGH, and ending as much money as he can borrow in the To be lieutenant general HAROLD P. XENITELIS, which nominations last year of his office—no dollar limit. Maj. Gen. Kenneth R. Dahl were received by the Senate and appeared in Here you go, President Obama, spend The following named officer for appoint- the Congressional Record of September 9, what you want. We do this while also ment in the United States Army Veterinary 2015. exceeding what are called budget caps. Corps to the grade indicated under title 10, PN898 ARMY nomination of Michael A. We have been trying to have spending U.S.C., sections 3064 and 3084: Blaine, which was received by the Senate restraint in Washington. It hasn’t To be brigadier general and appeared in the Congressional Record of worked very well, but at least there are October 5, 2015. Col. Erik H. Torring, III some numbers the government is not IN THE NAVY The following named officer for appoint- supposed to exceed. These include ment in the United States Army to the grade PN906 NAVY nomination of Terry A. spending caps for military spending as indicated while assigned to a position of im- Petropoulos, which was received by the Sen- well as domestic spending. portance and responsibility under title 10, ate and appeared in the Congressional When I first arrived in 2010, I was Record of October 8, 2015. U.S.C., section 601: part of the movement called the tea To be lieutenant general Mr. MCCONNELL. Mr. President, I party movement. We came into promi- Maj. Gen. Thomas S. Vandal ask unanimous consent that the Sen- nence, and I was elected primarily be- ate proceed to the consideration of Cal- The following Army National Guard of the cause I was concerned about the debt, United States officer for appointment in the endar No. 343; that the Senate vote on worried about the debt we were leaving Reserve of the Army to the grade indicated the nomination without intervening to our kids and our grandkids, worried under title 10, U.S.C., sections 12203 and action or debate; that following dis- that we were destroying the very fabric 12211: position of the nomination, the motion of the country with debt. To be brigadier general to reconsider be considered made and We came here in 2010, and we nego- Col. Valeria Gonzalez-Kerr laid upon the table with no intervening tiated and negotiated, and President The following Army National Guard of the action or debate; that no further mo- Obama said: I won’t negotiate with United States officer for appointment in the tions be in order to the nomination; you. I won’t negotiate with a gun to Reserve of the Army to the grade indicated that any statements related to the my head. under title 10, U.S.C., sections 12203 and nomination be printed in the RECORD; The media said: You always have to 12211: that the President be immediately no- raise the debt ceiling. It is irrespon- To be brigadier general tified of the Senate’s action and the sible to use that as leverage to get re- Col. John J. Morris Senate then resume legislative session. form.
VerDate Sep 11 2014 01:05 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.043 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7626 CONGRESSIONAL RECORD — SENATE October 29, 2015 But you know what. We did get re- have yet to meet a single Republican gers and say: Oh, it is that party that form. The conservatives put together who supports this deal. did it; they are the ones responsible for something called cut, cap, and balance. In the House, they voted on this yes- the debt. It was passed overwhelmingly in the terday. Do you know what the vote But I want to let you in on a secret. House, blocked in the Senate, but ulti- was? Two to one among Republicans This is a secret that goes on and on and mately there was something passed say that this is a god-awful deal and on up here. It is something I call the called sequestration, which put caps on that we shouldn’t touch it with a 10- unholy alliance. It is the unholy alli- both military and domestic spending. foot pole. It is a terrible deal. House ance between right and left—they both It did slow down the rate of growth in Republicans understood this. have sacred cows they want to spend government for a little while. We should be doing the opposite. We money on. Instead of saying: The debt This is the problem with Congress: should be taking the leverage of saying is a real problem, and we both have to Congress will occasionally do some- we are not going to raise the debt ceil- conserve in both areas, they get to- thing in the right direction, and then ing unless we get reform. Instead, we gether secretly and raise the money for they take one step forward and two went to the President and said: Here, their sacred cows. So on the right we steps back. In 2013 we gave up on the raise the debt ceiling as much as you are busting the limits because the sequester and we added back in about can possibly spend over the next year, right wants more military spending. $60 billion worth of money. Now they and we will let you exceed the budget The left wants more for welfare. The are doing the same thing again. This caps. It is irresponsible. It shows a lack unholy alliance is the secret hand- time we are going to add back in $80 of concern for our country, for the shake. And what gets worse? The debt. billion—$50 billion in 2016 and another debt, and it should go down in defeat. We are borrowing $1 million every $30 billion in 2017. When I ran for office in 2010, the debt minute, and it is not going to end in a We are doing the opposite of what we was an enormous issue. The debt was pretty way. should be doing. We should be using the $10 trillion. Some of us in the tea party What do other conservatives have to leverage of the debt ceiling by saying: were concerned because it had doubled say about this deal? Stephen Moore at We are not raising it again until you in the last 8 years. It doubled from $5 the Heritage Foundation writes: ‘‘It is reform your ways, until you begin to $10 trillion under a Republican ad- the worst budget deal to be negotiated spending only the money you have. ministration. Many of us were adamant by the GOP since George H.W. Bush Instead, we are saying: Here, Mr. that Republicans needed to do a better violated his ‘no new taxes’ pledge in President. You can raise the debt as job. We had added new entitlement pro- 1990.’’ much as you want. You can spend as grams, we added new spending, and the Rush Limbaugh says: ‘‘The Repub- much as you want while you are in of- deficit got worse under Republicans. lican party cannot campaign by run- fice, and we are going to do nothing. In Now we are under a Democratic Presi- ning around blaming the Democrats for fact, we are going to help you. We are dent and it is set to double again. This destroying the budget, for over- going to exceed the caps so everybody President will add more to the debt spending, for threatening the very fab- gets what they want. than all of the previous Presidents ric of the country.’’ They can’t do it So everyone in Washington is going combined. So we will go from $10 tril- because they are now complicit. to get something. The right is going to We can’t point fingers and say the get more military money, the left is lion now to nearly $20 trillion. We may Democrats are the big spenders. We going to get more welfare money, the get close to $20 trillion, and now that now, by this deal, become complicit. secret handshake goes on, and the we have increased the debt ceiling an We become equally guilty of sup- American public gets stuck with the unspecified amount, we may well get to porting new debt. bill. $20 trillion by the time this President I think one of the most important leaves. Some say: Well, gosh, you have to things that we do is defend the coun- Is that a problem? Some people say: raise the debt ceiling, right? If you try. If you ask me to prioritize the It is just a big number. I don’t know don’t raise the debt ceiling, there will spending, I will say we have to defend what $1 trillion is. be a default. the country above and beyond and be- If you want to imagine $1 trillion, Hogwash. Do you know how much fore all else. But that doesn’t mean we take thousand-dollar bills and put money comes into this place every are stronger or safer if we are doing them in your hand. Thousand-dollar month through taxes? About $250 bil- this from bankruptcy court. bills 4 inches high is $1 million. If you lion comes in in taxes. Do you know I think the No. 1 threat to our coun- want to have $1 trillion in thousand- what our interest payment is? About try, the No. 1 threat to our security is dollar bills, it would be 63 miles high. $30 billion, might be as high as $60, $70, debt, this piling on of debt. The debt We are talking about an amount of $80 billion. There is never not enough threatens our national security. Yet we money that is hard to fathom. revenue to pay for interest. People say just want to pile it on and pile it on. You say: What does that mean? How we couldn’t pay for everything. I say This deal will do nothing but explode does that hurt me or my family? maybe we shouldn’t spend it on every- the debt. In fact, it doesn’t even limit Economists say we are losing 1 mil- thing. We have plenty of money that how much the debt can go up. We are lion jobs a year through the burden of comes in every month to spend on in- giving the President a blank check. debt. Economists also say that when terest, to spend on Medicare, to spend We are in the middle of a filibuster. your debt becomes as large as your on Social Security, and to spend on sol- This filibuster will go on until about economy, you are in a worrisome place; diers’ salaries and veterans affairs and 1:00 in the morning, and then we will that when the debt is as large as the the rest, but maybe government find out who the true conservatives in economy, there is a possibility that shouldn’t be doing much else. this town are. If you are conservative, you may enter into a period where you These are the questions we would you will say: There is no way I am might suffer a panic or a collapse or a have to ask: What would happen if the going to vote to give an unlimited burden so great that your economy debt ceiling didn’t go up? We would power to the President to borrow can’t withstand it. In 2008 we were very have a balanced budget. How bad would money. If you are a conservative, you close to a panic. I think we get closer that be? If your debt ceiling didn’t go are going to say: We shouldn’t be ex- with each day. up, you would spend what comes in. ceeding the budget caps; if anything, The No. 1 priority up here shouldn’t That is what every American family we should be passing more stringent be trying to scrounge around and find does—they spend what comes in. budget caps. new money to spend. It should be try- I think this is absolutely what we It disappoints me greater than I can ing to conserve. It should be doing need to do, but even I am willing to possibly express that the party I belong something that some say is radical but compromise, so I have put forward a to that should be the conservative I say is the absolute essence of com- compromise. I put forward a com- party doesn’t appear to be conserv- mon sense; that is, we should spend promise that we tried in 2011 called ative. This is a big problem. what comes in. cut, cap, and balance. My compromise I am traveling the country, and I So often up here, things become par- would cut the deficit in half in 1 year— have asked Republicans everywhere. I tisan and people just want to point fin- a dramatic lessening of the burden of
VerDate Sep 11 2014 23:49 Oct 29, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.045 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7627 debt. That is the cut. The cap is that this evening, and that vote will be: Do I think we are becoming weaker as a my bill would actually cap spending at you care? Are you willing to do some- nation the more we borrow. If we pass 18 percent of GDP—18 percent of the thing to slow it down? Do you think we this bill, it is not a difference or a total amount of money spent on the ought to use the leverage of the debt choice between calamity and con- economy. Why did we pick 18 percent? ceiling to slow down spending or are tinuing to add to the debt—which this Because that leads to a balanced budg- you a profligate spender who will vote bill will do. I fully believe we can con- et. The last part of my bill of cut, cap, to bust the caps and who will vote to tinue to make our payments. We have and balance is we would pass a bal- give President Obama unlimited bor- $250 billion a month that comes in. In- anced budget amendment to the Con- rowing authority? terest payments are $30 billion. There stitution. I have kind of jokingly said— I think it is a clear-cut question. I is absolutely no reason we would ever but probably seriously—if we pass a will vote no, and I will continue this default. In fact, I have a bill called the balanced budget amendment to the filibuster as long as there are enough Default Protection Act, which would Constitution and we pass term limits, I votes to allow it to continue. ensure that Social Security, Medicare, will go back to being a doctor, which is UNANIMOUS CONSENT REQUEST—S. 2182 our soldiers’ salaries, and the interest my first love anyway. Mr. President, at this point, I ask on the debt were paid for. So I think We have to fix the country. We are unanimous consent that the Senate what we should be doing is doing the destroying the country with debt. We proceed to the immediate consider- opposite kind of compromise. Right are drowning in a sea of debt, and nei- ation of my bill, Cut, Cap, and Balance, and left should come together and say: ther party seems to be concerned with which is Calendar No. 274, S. 2182. I fur- You know what. I really want spending it anymore. ther ask that there be 1 hour of debate on this. The right says: I really want So what I would do is I would say, equally divided in the usual form; that spending on the military. They should yes, I will compromise. I will raise the following the use or yielding back of come together and say: You know debt ceiling under these three condi- time the bill be read a third time and what. We don’t have any money. We tions: cut the deficit in half, cap the passed and the motion to reconsider be are borrowing $1 million every minute. spending, and pass a balanced budget made and laid upon the table. So I think this bipartisan com- amendment to the Constitution. The PRESIDING OFFICER. Is there promise goes in the wrong direction. People say: Well, there aren’t the objection? What I would ask for is a bipartisan Mr. WYDEN. Mr. President, reserving votes for that. compromise to actually save money Why don’t we have a vote? Why don’t the right to object. The PRESIDING OFFICER. The Sen- and borrow less. we allow a vote on cut, cap, and bal- The PRESIDING OFFICER. The Sen- ance, the conservative alternative to ator from Oregon. Mr. WYDEN. Mr. President, the Sen- ator from Pennsylvania. this deal we have on the floor? Why ate is now considering a bipartisan Mr. CASEY. Mr. President, I ask don’t we vote on an alternative? Be- budget agreement. I believe it is impor- unanimous consent to speak as in cause there won’t be any amendments tant to pass that bipartisan effort to morning business. allowed. This will be pushed through avoid catastrophic default and to put The PRESIDING OFFICER. Without without amendments. I really object to an end to the mindless sequestration objection, it is so ordered. that. This is supposed to be a body of and pass funding to keep the govern- deliberation. We are supposed to be SYRIA ment open. Regrettably, because I able to deliberate over how we are Mr. CASEY. Mr. President, I rise to often agree with my friend from Ken- going to fix the problems of the coun- talk about the conflict in Syria, and in tucky and we team up on so many try. And I think this is the No. 1 threat particular what is happening over the issues, the request to take up the Cut, next couple of days and weeks. We to us. We are accumulating debt at $1 Cap, and Balance legislation is a step million every minute. Someone has to know that in the last 4 years, starting in the wrong direction. in 2011, this conflict has resulted in the stand up and do something about it. When you push for cut, cap, and bal- Taxpayers for Common Sense says deaths of a quarter of a million Syr- ance in this context, you are pushing ians. More than 4 million Syrians have about this: ‘‘We’re not a fan of the Bi- for default, recession, and joblessness partisan Budget Agreement of 2015.’’ fled and registered as refugees in because that is what all of the inde- neighboring countries. We are told that CATO writes: ‘‘The Gipper’s [Ronald pendent financial authorities tell us is Reagan’s] ghost is probably looking 7.6 million Syrian are displaced from what is ahead if we don’t act in the their homes within Syria itself. down from heaven at the new budget Senate. The desire to set aside what we So when you combine those who have deal between congressional leaders and are working on and pursue this other fled the country because of the vio- the Obama administration and saying legislation is specifically an approach lence and combine that with the num- ‘there they go again.’’’ that would throw aside the bipartisan ber of folks displaced in the country, ‘‘So let’s rephrase the question: What agreement before the Senate. do advocates of fiscal restraint get in This bipartisan effort is exactly the you have about half the population of exchange [for raising these spending kind of bipartisan work where Demo- Syria. If we had the equivalent number caps]? Well, if you peruse [this] agree- crats and Republicans come together here in the United States—of over 300 ment, it’s apparent they don’t get any- to tackle a major issue. The American million people—that would be some- thing.’’ people expect their leaders to find com- thing on the order of 150 million Amer- What we have traded is an increase in mon ground on key issues. That is icans displaced from their homes. We the debt ceiling—not just an increase, what this legislation does. cannot even imagine the scale of that an unspecified increase in the debt ceil- For those reasons, I object. suffering. ing. We have said to President Obama: The PRESIDING OFFICER. Objec- At the center of this horror, this hor- You can spend as much money as you tion is heard. rific war and humanitarian catas- want throughout the rest of your Presi- The Senator from Kentucky. trophe, sits Bashar al-Assad, the dic- dency—no limits. Mr. PAUL. Mr. President, I agree tator, who in the estimation of many The National Taxpayers Union with the Senator from Oregon that bi- experts and world leaders, and this is writes: partisan agreement is necessary in this my opinion as well, has lost all legit- If the question on the budget and debt ceil- body, but I think we have in this agree- imacy as the leader of Syria. A conflict ing package is ‘‘Deal or No Deal?’’ taxpayers ment bipartisan agreement in the that began with peaceful protests by should clearly opt for the latter. wrong direction. The bipartisan agree- Syrian young people for change quick- While the agreement contains a few ment we need is to conserve across the ly gave way to fighting on the streets meritorious provisions, it fails other board, for both sides to say that our sa- of Homs, Daraa, and Aleppo. sufficient savings and structural re- cred cow, whether it is military on the Assad’s security forces have at- forms necessary to address our Na- right or domestic spending on the tempted to quash dissent with brutal tion’s $18.1 trillion debt problem. The left—that they all will have to be con- beatings, imprisonment, starvation, debt is without question the No. 1 prob- served. We will not be able to spend use of chemical weapons, and wholesale lem in the country. We will have a vote money we don’t have. destruction from indiscriminate barrel
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.046 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7628 CONGRESSIONAL RECORD — SENATE October 29, 2015 bombs, which, by the way, is a viola- sham elections should change that. I Chamber of Commerce in Brunswick, tion of international law. These ac- commend the work Secretary Kerry is GA. On November 5, he is going to be tions prove to be a recruiting windfall doing. I commend him for the speech honored for 30 consecutive years as for extremists and terrorist groups like he gave yesterday. president of that chamber. And Woody ISIS, which now operate along many One month ago I wrote to him calling is one great chamber president, let me major transportation routes and cities for greater U.S. leadership on at least tell you. in parts of Syria. three tracks: political, multilateral, He got his start right here in Wash- The Institute for the Study of War and humanitarian. In the response to ington, DC, working 11 years for Bo just this week assessed that ISIS is my letter, the State Department em- Ginn, the Congressman from Georgia’s now challenging the Assad regime for phasized, ‘‘The only way to sustainably coast, and for 3 years following that for control of the supply line to Aleppo, end the suffering of the Syrian people Bo’s successor, Lindsay Thomas. expanding their reach westward. As I is through a genuine political solution Woody worked hard for our State, he have said before and some others have consistent with the Geneva principles.’’ worked hard for his district, and he said—it is what I will continue to I appreciate and agree with this com- worked hard for those members of com- maintain—the conflict in Syria and the mitment. However, I am concerned merce. international effort to degrade and ul- that the Governments of Syria, Iran, But he comes back to us every year timately defeat ISIS are inextricably and Russia remain in clear violation of now as the president of the chamber of linked. multiple U.N. Security Council resolu- commerce. He brings his board with We cannot expect to bring about a tions, including flouting arms control him. He brings the issues that are be- lasting defeat of ISIS without bringing restrictions and travel sanctions. fore them and he lobbies hard for his about a political transition in Syria. These regimes do not appear to be community. But he also lobbies hard The atrocities perpetrated by these two ready for dialogue consistent with the for the environment. Woody represents evils, one the Assad regime and also Geneva principles. Secretary Kerry a chamber that promotes tourism on ISIS—these atrocities are too numer- said during his Carnegie speech yester- the coast of Georgia but fights equally ous to catalog today. Neither entity of- day that the United States and Russia for the preservation of the estuary of fers a stable, secure, and prosperous fu- have many points of common ground the Atlantic, the Marshes of Glynn. ture for Syria. Several times the on Syria. However, the areas of diver- He is proud of his community and United States has participated in inter- gence are stark. proud of the work he does. He is a tire- national negotiations with an eye to- We know there is no military solu- less worker on behalf of his State and ward ending this horror and paving the tion to this conflict. Only a political his community. He loves his beautiful road toward a third choice for Syria. settlement can heal the deep wounds family—his wife Ellen, his daughter That is what this would be, a real po- across Syria. We must continually as- Mary Gould, his late son Jay, his litical transition featuring inclusive- sert that no political solution can in- grandson James ‘‘Woods’’ Woodside, ness, rule of law, and the primacy of clude a role for Bashar al-Assad. For a and his granddaughter Mary Bremer citizenship over sect, ethnicity, and ruler who indiscriminately barrel Moorhead. other divisive categories. These con- bombs children over and over again, He is one of those priceless citizens versations have yet to bear fruit, most- presides over the death of over one- who means so much to our State and so ly because the regime in Iran and the quarter of a million civilians, there much to me personally. On this occa- Russians continue to offer a lifeline to must be no soft political landing. sion on the floor of the Senate, I pay the murderous Assad, but we must We have said over and over again— tribute to Woody Woodside for his 30 keep trying. We must keep trying. and I will continue to say it—that years of service to the Brunswick-Gold- One look at the images of the de- Assad must go. It is important our ne- en Isles Chamber of Commerce and struction in Aleppo or the faces of Syr- gotiators in Vienna insist that these thank him for everything he has done ians fleeing to Europe for a better life talks are a vehicle to effectuate the re- for his country, his State, and his com- reminds us of the human costs of inac- moval of Assad, not continue his brutal munity. tion. It is because of this that the Ira- rule. May God bless Woody Woodside, and nian and Russian escalation in recent I yield the floor. may God bless the United States of weeks is so outrageous. These coun- The PRESIDING OFFICER (Mr. CAS- America. tries look at Syria as a ground line of SIDY). The Senator from Georgia. The PRESIDING OFFICER. The Sen- communication to Hezbollah or a Mr. ISAKSON. Mr. President, I ask ator from Utah. friendly host for a warm-water naval unanimous consent to speak as in Mr. LEE. Mr. President, the budget outpost. They turn a blind eye to the morning business and following my deal before the Senate today is not just suffering of ordinary men, women, and speech that Senator LEE from Utah be a horrible piece of legislation that is children in an effort to exert their recognized. undeserving of this Chamber’s support, international influence. Russia’s war- The PRESIDING OFFICER. Without it also represents the last gasping planes have struck in areas where the objection, it is so ordered. breath of a disgraced bipartisan belt- Syrian opposition, not ISIS, operates. TRIBUTE TO M.H. ‘‘WOODY’’ WOODSIDE way establishment on the verge of col- Their strikes appear indiscriminate Mr. ISAKSON. Mr. President, all of lapse. and have killed many civilians. us know that back in our home States The bill is the product of an unfair, Now, in the case of Iran, the recent today and every day, there are men and dysfunctional, and fundamentally un- visit of a designated terrorist and IRGC women working hard to plant the democratic process—a process that is commander, Qasem Soleimani—his fields, manufacture the products, run virtually indistinguishable from what movement to Syria indicates that Iran the chambers of commerce, sell the we promised the American people a and its proxies like Hezbollah are still groceries, cut the lawns, make the GOP-controlled Congress would bring central elements of this fight. I am on beds, make our States work, and make to an end. We made that promise pre- the floor today as leaders from major our economy work. We also know that cisely because negotiating legislation countries meet in Vienna. Yesterday in as politicians serving in the Senate, behind closed doors without input from a speech at Carnegie Endowment, Sec- there is not one of us who doesn’t owe the majority of Members and then retary Kerry described his diplomatic our career to community leaders back rushing it through to final passage task as ‘‘charting a course out of hell.’’ home who take the time to lend their without debate or opportunity for That is how he described the way out support to us, bring their communities amendments violates our party’s core through a political resolution in Syria. to us, and give us the fortification we principles. It also inevitably leads to Although news reports indicate that need to serve our great State. bad policy. these talks will not deal directly with Back in Georgia there is one such The Bipartisan Budget Act of 2015 is the question of Bashar al-Assad, our person who means a lot to me and who a case in point. This bill would suspend policy must remain firm. Assad has no meets all those criteria. His name is the debt limit for 17 months and in- place—no place in Syria’s future. No Woody Woodside. Woody is the presi- crease government spending beyond its bombing campaigns, no promise of dent of The Brunswick-Golden Isles already unsustainable levels. It would
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.048 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7629 do so while failing to make reforms Many of my colleagues, such as Sen- Mr. CARPER. Mr. President, I ask that would put us on a path toward fis- ator LANKFORD and Senator COTTON, unanimous consent that the order for cal sustainability. have already spoken or will soon speak the quorum call be rescinded. Many proponents of this budget deal on the floor about the long list of The PRESIDING OFFICER. Without challenge this claim. They say: Well, structural reform ideas that are still objection, it is so ordered. the bill isn’t perfect, but while it isn’t sitting on the sidelines of this debate. Mr. CARPER. Mr. President, in re- perfect it does include some meaning- I wish to take a moment to touch on cent weeks I have spoken three or four ful entitlement reforms. just a few of them. or five times on the question of wheth- The sales pitch we hear most often Senator COATS has a proposal that er we are going to realistically and alleges that this budget deal will save would protect the SSDI trust fund from honestly fund the transportation im- the Social Security disability trust being drawn down by fugitive felons il- provements our country so badly fund from insolvency, but we are never legally receiving disability benefits. needs. I don’t know if it is my imagina- told exactly how this bill would do Senator HATCH has put forth a plan tion, but every time I am here speak- this. That is because, as always, the that would prevent an individual from ing on the subject, you are here. We devil is in the details. receiving both unemployment insur- have any number of people—50-some I rise today to discuss these very de- ance and disability insurance simulta- Republican Senators in the majority— tails, details that prove this budget neously, ensuring that SSDI funds who cycle in as Presiding Officer, yet deal’s so-called entitlement reforms would remain focused on their intended you always seem to draw the short are nothing of the sort. At best, they population. straw and get to hear me wax elo- are well-intentioned but ineffectual I also have a proposal that would ex- quently about transportation infra- tweaks to a program that desperately pand the footprint of private disability structure. I am honored you would be needs fundamental, structural over- insurance program, which I intend to back again today for more of the same. haul. At worst, they are accounting file as an amendment to this bill. Pretty soon, you will be able to give gimmicks unbecoming of the U.S. Con- That is not all. My friends, Senator these talks for me and I will sit up COTTON and Senator LANKFORD, have gress. there and preside. I won’t ask unani- their own proposals, and there has been According to the Social Security mous consent for that, but it is a good an equal amount of policy innovation trustees, the Social Security Disability thought. Insurance Program—or SSDI—is sched- by our colleagues in the House of Rep- Mr. President, this is a picture that uled to run out of money in 2016, which resentatives. was taken, gosh, 60 or 70 years ago, and They are all commonsense ideas that means that without serious reform dis- there is a quote here by a fellow who would bring us much closer to real ability benefits would be slashed across was a great military leader for our SSDI reform than what is found in this the board by nearly 20 percent. country during World War II and later Under the Budget Control Act of 2015, budget deal, but you won’t hear much about them in this debate because one of our Presidents. In fact, he was the bankruptcy deadline of SSDI would President when I had just about come be pushed off for an additional 6 years there won’t be any real debate on the Bipartisan Budget Act of 2015—no into the world and left as President a until 2022. But here is the kicker: It amendments, a fast-approaching dead- few years after that. The photograph would do so by raiding the Social Secu- line and, in the end, a take-it-or-leave- says, ‘‘This is the first project in the rity trust fund to the tune of $150 bil- it choice forced upon us with our backs United States on which actual con- lion. That is right. Our grand, bipar- up against a cliff. struction was started under provisions tisan solution to the impending insol- This is not how Congress is supposed of the new Federal Aid Highway Act of vency of our Nation’s disability insur- to operate. This is not how we prom- 1956.’’ ance program amounts to stealing $150 ised the country we would conduct the This is in Missouri. They have the billion from our Nation’s largest retire- American people’s business if given contractor and some of the local folks ment insurance program. control of the House and the Senate. there. I don’t see Ike anywhere, but his This isn’t the only phony pay-for in We should be the party of ideas, but we words are here at the bottom of this this budget deal. There are others that won’t be so long as we continue to tol- old photograph. His words that day simply move money around from else- erate a legislative process that stifles were: ‘‘A modern, efficient highway where in the Federal budget, such as our most innovative proposals from system is essential to meet the needs the Crime Victims Fund and the Assets getting a fair hearing. We should be the of our growing population, our expand- Forfeiture Fund. There are also new party of reform, but we won’t be so ing economy, and our national secu- heavyhanded instruments that purport long as individual Senators are blocked rity.’’ to implement cost savings in Medicaid from offering amendments to legisla- There is a word—‘‘prescient’’—that reimbursements but actually only im- tion. We should be the party of fiscal indicates something is wise and for- pose misguided price controls on the sanity and responsible governance, but ward-looking. Those words are just generic drug industry. Only in Wash- we won’t be so long as we continue to that—wise and forward-looking—and ington, DC, could something so decep- govern by crisis and by cliff, delaying they were first spoken almost 60 years tive and ineffective, something so un- the inevitable while working only 3 ago by President Eisenhower. fair to America’s seniors and future days a week in our legislative calendar. This week, President Obama and generations, be considered a reform. We should be the party that looks out leaders in the House of Representatives To be fair, there are a couple of for the most vulnerable among us, but and the Senate reached a long-sought sound entitlement reforms in this we won’t be so long as we lack the compromise on a budget deal for 2 budget deal that deserve to be com- courage to enact the structural reform years, through 2017. And while there mended. First, there is a position that that our retirement and disability pro- are certainly some aspects of that would correct a design error in the So- grams need to survive for generations budget deal that are disappointing, cial Security program that amounts to to come. other aspects of it, at least for me—in an unfair and wasteful loophole. Fixing We can be all of these things. I know terms of finding ways to save money, this would save a significant amount of we can, but it is going to take hard going after program integrity, and money over a 75-year window. There work—a fair, open, and inclusive legis- looking for waste and fraud—bring a are also measures that would increase lative process, and all the policy inno- good deal to like about it as well. the penalties for fraud, create new vation we can muster. It is going to It is encouraging that Democrats and pilot programs, and prohibit doctors take something more, something bet- Republicans were able to come to- with felonies from submitting medical ter than this budget deal. gether to reach an agreement—any evidence. But these minor changes I yield the floor. agreement—that will pause the cycle of don’t even come close to putting SSDI I suggest the absence of a quorum. crisis government, from crisis to crisis, on a path toward fiscal sustainability The PRESIDING OFFICER. The where we find too much of our time and sanity, and they represent only a clerk will call the roll. across the Federal Government, as we tiny fraction of the sensible reform The legislative clerk proceeded to run up to these crises, spent not doing proposals put forth by our conference. call the roll. work—the work we ought to be doing—
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.049 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7630 CONGRESSIONAL RECORD — SENATE October 29, 2015 but actually trying to figure out how repair. Either that or they cannot han- a little less than that—of GDP for we deal with a shutdown. At least we dle today’s traffic at all. Twenty-five transportation infrastructure. Where can say this agreement will prevent percent. Forty-five percent of Ameri- are our Canadians up to the north? that and for the next couple of years cans lack access to transit. Forty-five They are at 4 percent—more than twice enable people across the Federal Gov- percent. Sixty-five percent of Amer- the number we are. Australia, South ernment to do their work, whether it ica’s roads are rated in less than good Korea—where are they? They are at 5 happens to be agriculture, environ- condition. Sixty-five percent. percent, and 5 percent for most of Eu- ment, law enforcement, border secu- There is an outfit called the Amer- rope. China is at 9 to 12 percent. They rity, or you name it. ican Society of Civil Engineers. One of are spending 9 to 12 percent of their The other thing I would say is by pre- the things they do every year is to rate GDP on transportation and infrastruc- venting a default on our Federal obli- highways, roads, and bridges. They as- ture. We are spending 1.5 percent. That gations and lifting the harmful spend- sign a grade. It could be an A. is not a good thing. That is not a good ing cuts—particularly in the areas of We have our pages here. They are thing. our budget where we actually invest here doing their school work while The National Association of Manu- money that create economic oppor- they are paging in the Senate, so they facturers estimates that their invest- tunity—this deal will help to encour- do double duty, but hopefully they are ments in roads and highways dropped age continued economic growth and re- all getting A’s in their courses. Our significantly between 2003 and 2012. covering from low job creation and job roads, highways, and bridges do not re- How significantly? By another 20 per- preservation. ceive any A’s. They do not receive B’s. cent. I heard today that this agreement is Hopefully our pages get B’s and better, To meet our country’s needs in ways worth about an extra one-third of a but our roads, highways, and bridges do that support American business and million jobs, and in a little State like not. In fact, our roads, highways, and families, an outfit called McKinsey mine, Delaware, with fewer than a mil- transit systems are earning a D. D is Global Institute—most of us have lion people, that is quite a few jobs. disappointing. D is degraded. D is dog- heard of the McKinsey Consulting However, if we really wanted to focus ged. And our Nation’s bridges earn a C- Company, but they have an arm of on economic growth and job creation, plus. Those aren’t grades that our their company called McKinsey Global we would be talking a lot more about pages would be proud of or that their Institute—estimates that we need to transportation, and I mentioned the parents would be proud of, and those increase infrastructure investment by words here of Dwight Eisenhower, but certainly aren’t grades we should be $150 billion annually through 2020 to let’s go on to the next poster. proud of as a country. catch up the backlog of projects that While there is much to like in the In the most recent World Economic are badly needed—roads, highways, budget agreement we are debating Forum ranking, in less than a decade bridges, and transit. today and into the night, I am dis- the United States has fallen from sev- Our lack of transportation invest- appointed that it fails to offer a long- enth overall in the quality of our ment is hurting families, individuals, term plan to increase investment in transportation infrastructure. A dec- and businesses. There is an outfit down America’s infrastructure, particularly ade ago we were No. 7; today we are No. in Texas, Texas A&M, which is famous in our transportation infrastructure. A 18. In Billboard magazine, when they in recent years for their football budget deal like this offered a prime are rating the top record across the teams, but they are also well known opportunity to address our chronic country—a record on the rise gets a because every year they give us a re- underinvestment in the roads, high- vote. A No. 5 in the vote means it is port on congestion on the roads, high- ways, bridges, and transit systems of heading up the charts. Ten years ago ways, and bridges in the United States. this Nation. we were No. 7, and now, like a bullet, They found that the average commuter I have looked high and low in this we are heading right the other way— across the country wastes 42 hours per budget agreement, and when it comes from No. 7 to No. 18. We are heading in year in traffic—42 hours per year just to transportation, there is a ‘‘whole a very wrong direction. sitting there or barely moving. If you lotta nothing’’ in there with respect to Here in this poster we can see that actually look at cities such as New transportation and infrastructure in- highways and transit spending as a York City or Philadelphia or Dallas or vestment. Instead, Congress is now share of GDP has not been going up. Denver or L.A., that number is 82 hours poised to pass not the 13th but the 14th In 1962 John Kennedy was President per year. Think about that—82 hours extension of our Federal transpor- and I was a junior in high school, just per year here in the greater Wash- tation programs since 2008. We have like you pages. In 1962 the share of ington area and a lot of other places, done this 14 times. Fortunately, this GDP that we spent for highways and such as L.A. and New York City. The extension does not require us to add to transit was right at 3 percent—right at resulting wasted fuel and lost produc- the $74 billion we have spent since 2008 3 percent. Over time it started drop- tivity cost the Nation’s economy $160 to bail out the highway transportation ping. Around 1972, in the middle of the billion this year—$160 billion. That fund time and again, but it only con- Vietnam war—I spent some time over- works out to about $960 per commuter. tinues the cycle of uncertainty and cri- seas in Southeast Asia with my In addition to congestion, we have sis governing that prevented our States compadres—it dropped to 2 percent. We other costs to commuters—people out and our cities from planning major were trying to pay for guns and bullets. on the roads, highways, and bridges— transportation projects. It really dropped rather steeply there, that come from our repairs. I would just insert here that if you probably because of the war. What has Not everybody can see this, but obvi- look at the country from coast to gone on since 1972 is to trend down, ously there is a guy working on pot- coast, our State transportation budg- down, and down, and now the number is holes and talking to his supervisor. It ets use a mix of funds from different somewhere between 1 and 1.5 percent. says: Warning, potholes. But here is sources, but on average, about half the It has diminished by more than half the number that is really the key: money they spend—from Delaware and since 1962. There is $516 per driver in increased re- the other 49 States—comes from the Let me mention a couple of other pair and maintenance costs every year. Federal Government. numbers. The infrastructure spending There was an editorial in the Phila- We have missed another opportunity is only about 2.5 percent of GDP in the delphia Inquirer last week, talking to to give our Nation’s economy a serious United States. Actually, it is only consumers and voters, that said: The boost. This is a little bit of what I am about 1.5 percent in the United States. next time you get a bill for replacing talking about. This poster says: What is that compared to? Compared your tires, your steering, your rims or ‘‘Here’s why Congress needs to reau- to what? whatever, send the bill to your Con- thorize funding to rebuild America’s I have a friend, and when you ask gressman, your Congresswoman, your infrastructure.’’ Here are a few num- him ‘‘How are you doing?’’ he says Senator. bers to keep in mind: 25 percent, 45 per- ‘‘Compared to what?’’ Well, how is the Even if it is only half of that, it is cent, and 65 percent. Twenty-five per- United States doing? Well, compared to still a lot of money. I don’t have reason cent of our bridges require significant what? We are at 1.5 percent—actually, to believe it is half, but even if it is, it
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.051 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7631 is a huge amount of money that we are ‘‘There is no way I can afford an in- don’t think that is a very smart strat- spending. Add to that the waste of crease in the gas tax.’’ Then over here egy for investing in or for funding time, and this adds up. it goes on to say, as his car is towed transportation projects. The American This is a sad commentary. Some of away: ‘‘I spend all my money fixing my people deserve better than this. the charts I use are humorous; this one car because of these terrible roads.’’ Ronald Reagan, Eisenhower, and oth- is not. Poor roadway conditions were a Think about that. There are a lot of ers—even Democrats—have said that significant factor in approximately terrible roads, highways, and bridges, the way we have funded transportation one-third of the 32,000 traffic fatalities and some pretty lousy transit systems for years in this country and improve- last year. About 10,000 people who as well. I spent money on my minivan ments to transportation—roads, high- would be alive today are not. The pri- last year replacing a tire that cost me ways, bridges—is a user approach. The mary contributing factor to their about $200 because of a problem with folks and the businesses that use our death was the poor condition of the the road. I am not the only person. roads, highways, and bridges ought to highways, roads, and bridges on which That happens to a lot of folks during pay for it. That is what we have done. they were traveling. the course of the year. We have come to a place in this coun- I mentioned the McKinsey Global In- Those are all the posters I have. I try where we are finding it hard to pay stitute a minute ago. They said that if will close by saying that on the Envi- for the things we need and the things we were serious about making real ronmental and Public Works Com- we want. Somehow we have to summon progress and doing it promptly on the mittee, where I serve, we have reported the courage to do what the American condition of roads, highways, bridges, out unanimously authorizing legisla- people expect us to do, which is to and transit systems, we ought to be in- tion that would authorize investments work together, to work smartly, and to vesting about $150 billion a year. Here in transportation systems—roads, make some tough decisions. is another report from the McKinsey bridges, highways, and transits—for The legislation I alluded to that Sen- Global Institute. It says that about a the next 6 years. It is actually very ator DURBIN and I and another col- $150 to $180 billion in annual invest- smart legislation. I give Senator BOXER league or two have introduced and ment is needed for 15 to 20 years. That and Senator INHOFE, the lead Democrat sponsored would raise the gas tax and is a lot of money for a long time. They and the lead Republican on the com- diesel tax in this country. It hasn’t say that if we are serious and con- mittee, a lot of credit for leading that been raised in 22 years. The gas tax, sistent in robustly investing in trans- effort. which 22 years ago was raised to 18 portation infrastructure, we would add The House of Representatives is com- cents, because of inflation is now worth to GDP, not once but every year, some- ing up with a 6-year transportation au- less than a dime. The diesel tax, which where between 1.4 percent and 1.7 per- thorization plan that reflects in many 22 years ago was worth about 23 cents, cent per year, and we would add about ways what we have done in the Senate. is now not even worth 15 cents. Mean- 1.8 million jobs if we are willing to To the extent that is the case, then we while, the cost of concrete, asphalt, make the kind of investments that we applaud their efforts as well. steel, and labor have all gone up, and need. Those aren’t my numbers. Those Some may remember another poster we are still stuck with the same pur- are McKinsey’s. I showed earlier, an enlarged photo- chasing power from these user fees that Put it all together, and this explains graph of a fellow wearing a cowboy hat we had 22 years ago. The math doesn’t why Senator DICK DURBIN and I intro- as if he were asleep on his back. The add up. As a result, we earn nearly fail- duced a month or so ago what we call cowboy hat was covering his face. He ing grades for the transportation sys- the TRAFFIC Relief Act. It raises didn’t look like the ‘‘Marlboro Man.’’ tem that we have. about $220 billion in new money, user He looked like a cowboy who had been If we were to somehow wave a magic fee revenue—revenue that can only be wand and the House and the Senate ridden hard and put up wet. The cap- used for roads, highways, transit, and would come to their senses and pass by tion at the bottom of the poster was bridges, and not for anything else—not acclamation an increase in the user fee talking about the hat: ‘‘All hat, no cat- for foreign aid, not for wars, not for of 4 cents a year for 4 years, we would tle,’’ suggesting the guy wasn’t a real some other domestic program. But $220 get to 2020 and we would have added 16 cowboy. ‘‘All hat, no cattle.’’ billion would go into roads, highways, It is great that we have sound, smart cents over that period of time to what bridges, and transit systems. transportation authorization legisla- is one of the lowest user fees on gas The legislation Senator DURBIN and I tion, and we do. What is really dis- and diesel of any advanced nation in introduced permanently eliminates the the world. I think we are No. 33 out of appointing is ‘‘all hat and no cattle’’ annual highway trust fund shortfalls. 34 of the OECD nations. In 2020, after when it comes to paying for this stuff, Every year we run out of money. We an increase of 4 cents a year for 4 years not coming close to the amount of run out of money in the transportation was put in place, the cost to the aver- money we need to invest. We are not trust fund and take money out of the age driver is the cost of a cup of coffee even close. I think we are going to look general fund to fill up the transpor- a week. Think about it. For the aver- at a 6-year transportation authoriza- tation trust fund. When the general age driver paying an additional user fee tion with maybe 3 years of funding. fund runs out of money, we go around of 4 cents a year for 4 years, indexing Some of that funding we create by bor- the world cup-in-hand borrowing for inflation, the cost is the cost of a rowing and spending, which is like 8, 9, money from people such as China to re- cup of coffee a week. fill the transportation trust fund. 10 years down the road and bringing it The question I would ask my col- Then, when we call China on their mis- forward to pay for spending today. I leagues—and I think we would ask behavior—it might be manipulation, it don’t feel good about that. I expect you most people—is this: Would you rather might be dumping various goods and don’t either. In some cases we are tak- put up with really—one of my favorite, services on our country, it might be ing money that is supposedly being col- good senatorial words—‘‘crappy’’ roads, messing around in the South China Sea lected for TSA, for aviation safety and highways, bridges? Would you rather and other places—we say to them: You our security in the skies, and using continue to put up with that? can’t do that. that money for roads, highways, We could have a transportation sys- If I were them, I would say to us: We bridges—taking TSA funding increases tem that we could be proud of for a cup thought you wanted to borrow our and using it for a couple of months on of coffee. I don’t think that is asking money. We shouldn’t be in that posi- roads, highways, bridges, and improve- too much. tion. So the TRAFFIC Relief Act Sen- ments. We do the same thing with Cus- I don’t have a magic wand. I don’t ator DURBIN and I introduced raises an toms fees along our border. People and think it is likely that my colleagues additional $72 billion over 10 years for a lot of commerce come across our bor- will rush to the floor after these re- new transportation investments, over der. Another idea we have used in the marks today and say: Let’s do some- and above what would otherwise be past is taking money out of the Stra- thing real. Let’s see if we can’t get our generated. We could use that $72 billion tegic Petroleum Reserve, maybe from roads, highways, and bridges making and more. oil we bought for $80, $90 a barrel and the kinds of grades that our pages are Not everybody can read the script turning around and selling it for half making doing their schoolwork while here, but this one fellow here is saying: that price. Buy high and sell low—I they serve us here in the Senate.
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.053 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7632 CONGRESSIONAL RECORD — SENATE October 29, 2015 In the Bible there is a parable where the first letters I ever wrote to Presi- If I had any faith that this Congress, some seeds were sown on the hard dent Obama as a new U.S. Senator, this President were going to deal with ground and never bore fruit. Some March of 2011, was an explanation to the deficit, regardless of what hap- came up for a little while and raised up the President that he needed to work pened with the debt ceiling, then I some plants but then died away in the with Congress, and I offered to work wouldn’t be interested in using the hot sun. But others took root and grew with the President and the administra- debt ceiling as a tool to force change in a hundredfold. I am going to keep sow- tion and my colleagues in the Congress behavior in Washington, DC, but unfor- ing these seeds, and hopefully someday and the Senate to see if we couldn’t tunately I have no faith that there are soon—sooner rather than later—some find a solution so that when we raised enough people here who care enough of these seeds will fall on fertile soil. the debt ceiling, we actually did some- about the deficit to do something Until then, I look forward to joining thing that would change the course, about it unless we are forced to do so. the Presiding Officer on the floor to the path of spending we are on. At the moment, the only tool I have keep this up until you say ‘‘uncle’’ and I explained to Kansans, by publishing is to insist we use this opportunity, in then we will change places. that letter and explaining my com- which we are requested to raise the I see my friend from Kansas—my ments in the letter to the President, debt ceiling, to change the course our many talented friend—here with our what I believed was important, most country is on in regard to spending and friend from Nebraska. I am tempted to important. Unfortunately, since 2011 deficits. Again, the argument may be wait and see what they have to say. we are no more on a course of fiscal by some it is irresponsible. In fact, I I yield the floor. sanity than we were when I wrote the have heard so many times that all we The PRESIDING OFFICER. The Sen- letter to the President. are doing is authorizing the borrowing ator from Kansas. Here is the point I want to make. If of money to pay for the things we have Mr. MORAN. Mr. President, in the we give up the leverage, the oppor- already encumbered. morning we will vote on a budget tunity that this issue presents to us as Wouldn’t it seem a better solution agreement and I will vote no. I think it Members of Congress, to force us to do for us to quit encumbering over time is useful and important for my con- things that we apparently don’t have rather than coming after the fact and stituents to understand my thinking the will, the courage, the political de- saying let’s raise the debt ceiling? But and the basis on which I reach that sire to do, how do we ever get it done? the reality apparently is there is no conclusion. Again, I guess there will be editorial- will to do that. We can say it is irre- In my mind, one of the most impor- ists—certainly across the country and sponsible not to raise the debt ceiling. tant issues that we face in this country perhaps a few in Kansas—who will say We can say we are only paying for the today is the fiscal condition of our that we need to raise the debt ceiling things we have already decided to country. The amount of debt that we because it is irresponsible not to. Isn’t spend money on, but if that is the only incur and the amount of debt that we it also true that it is irresponsible sim- thing we say, we never take it to the continue to incur is a significant drag ply to raise the debt ceiling every time necessary step of doing anything about on our economy, on job creation, and, we need it? If we don’t take advantage the problem. in reality, on the American dream. of the circumstance we are in to force It is irresponsible not to use this op- It is an economic issue. At some ourselves to do the things that need to portunity to force us to behave in ways point in time, if we don’t get our fiscal be done, we are irresponsible. that are good for the country today, house in order, we will pay a signifi- I read a lot of history. For a few that are economically solid and sound, cant price. We can either deal with this years I have studied our country as a that are morally correct. Borrowing issue in a gradual, incremental way, in private citizen, and I have been in- money ad infinitum is not an option which we set ourselves on a path to volved in the political process in Wash- for this country under either economic right, or we can wait for the crisis to ington in trying to resolve problems or moral circumstances. occur, which I have no doubt will hap- our country faces. Here is an observa- It is irresponsible for us to once pen. tion: Things have changed over time. It again decide we will try to solve this While it is often said that this is an used to be a bipartisan desire, a bipar- problem later. I have always thought economic issue, and fiscal issues mat- tisan understanding that balancing the that the most important political issue ter to the country, I also would point budget was important. One of things we face, the one that has been most im- out that this is not just an economic that has changed over time is there no portant to the country since I was issue. It is a moral issue. The bor- longer seems to be the desire on the elected to the Senate, was how do we rowing of money to pay for services part of many in Congress—many don’t make certain that the economy is and goods that the government pro- see it and in my view Democrats in growing, there are job opportunities, vides the American people is a selfish particular don’t see deficits as a bad people feel secure in their employment, circumstance in which we take the so- thing. We look the other way. they have the opportunity to advance called benefits of government programs Maybe in days gone by, when there their careers, and they have the sense today and expect future generations of was broad consensus from Republican that they are saving for their kids’ Americans to pay for those benefits. It Presidents and Democratic Presidents education, that they are saving for is wrong economically for us to con- that balancing the budget was some- their own retirement. This issue of the tinue down the path of fiscal irrespon- thing that mattered, that reducing the fiscal condition of our country inhibits sibility, but it is also morally wrong to debt at least over time was important, the ability for that economic security expect someone else to pay for the so- that when we incurred expenditures to be available to Americans. called benefits we receive today. going to war that we paid for them, I wish to conclude by saying we need As to this issue today, this Bipar- that was something that was generally to do what is responsible. What is re- tisan Budget Act—this bipartisan ef- believed across the country by the vast sponsible is making certain we pay our fort to resolve the circumstance we majority of Americans and by the vast way and that we don’t expect others to find ourselves in because we face a debt majority of Members of Congress, re- do so in the future. To only say that we limit problem—the problem is that if gardless of what political party they have to reach this agreement in order we don’t do something, then we reach associate with. to avoid greater challenges in our the debt limit. There are those who That consensus, that drive, that in- country is to walk away from some- will argue that the consequences of not sistence that we do that no longer ex- thing that I think is a primary and im- raising the debt ceiling are so dra- ists, which highlights for me that the portant responsibility of Congress and matic, so damaging that we need to do necessity of using this issue of whether the President. It is unfortunate. that regardless of the fiscal con- the debt ceiling should be raised to de- In my time and service in the Senate, sequences of doing so. termine what we should do about re- President Obama has been the Presi- I come down on the side of fiscal re- ducing spending, reducing the debt, fig- dent, but I have seen no political will sponsibility, and I want to explain uring out what the balance is between on the part of this administration to do why. I want Kansans to know how I taxes and expenditures is all the more anything about the long-term con- think about this issue. In fact, one of important. sequences of spending more money
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.054 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7633 than we have. That means we have no sure fairness in pay suggests a clear bi- take 32 years. Then the question is, choice but to insist that something be partisan way forward in this Chamber. How long would it take to count to 1 done, and the only opportunity before When women are fighting to be paid trillion? We are throwing around these us is this question of whether the debt what they are worth, they need to numbers without much sense of how ceiling should be raised without cor- know what they are up against. Knowl- big they truly are when we are talking responding reductions in spending. edge is power, especially in the case of about $18 trillion—and soon to be $19 In my view, those reductions in equal pay. Ensuring transparency will trillion—worth of debt. How long would spending take priority. It is important. make it easier for workers to recognize it take to count to $1 trillion? It would Our primary responsibility as Amer- pay discrimination and ensure that take 32,000 years. ican citizens, as an American citizen, they are being paid fairly. How can It is irresponsible for Washington to not just as a U.S. Senator but all of us workers negotiate for fair pay when increase the limit on the Nation’s cred- as American citizens—we have a re- they don’t know how their industry or it card while at the same time busting sponsibility to do two things for the fu- their employer compensates other the budget and increasing government ture of our country: protect and pre- workers? How can a woman know that spending with the false promise of far- serve the freedoms and liberties guar- discrimination is taking place if she is off savings and new revenues that will anteed by our Constitution and make prohibited from asking about what never materialize. It is time that sure the American dream is alive and other workers are making? Washington, DC, takes a page out of well so future Americans have the I want to empower women to be their Montana’s playbook and stops spending chance to pursue their dreams in this own best advocates, secure in the more than we are taking in. It is time country. knowledge that they have every tool for commonsense solutions that pro- To continue to borrow money to put available to them as they negotiate for tect the taxpayer and make elected of- our country’s fiscal condition in jeop- the wages they deserve. It is time to ficials accountable for delivering re- ardy once again means we will have remove this issue from our election- sults to the people they serve because failed that responsibility because the year politics. Let’s have a real con- Americans deserve a thoughtful and spending and borrowing of money in- versation about a substantive policy open discussion, not one with back- hibits our personal liberties and free- change that will improve the lives of room deals, about how to best support doms and reduces economic oppor- all workers. I hope the Senate will soon the Nation’s priorities while also cut- tunity, the American dream for all consider my legislation because I be- ting wasteful spending and reining in Americans. lieve Republicans and Democrats can this national debt. The current budget I will vote no. come together on this issue and we can fails to provide a more secure future I yield the floor to the Senator from make a real, needed difference in en- for the next generation of Montanans. Nebraska. suring equal pay. I thank the Presiding Officer and The PRESIDING OFFICER. The Sen- Mr. President, I yield the floor. yield back my time. ator from Nebraska. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- EQUAL PAY ator from Montana. ator from Wyoming. Mrs. FISCHER. Mr. President, I rise Mr. DAINES. Mr. President, prior to ENVIRONMENTAL PROTECTION AGENCY to respond to the minority leader’s ear- being elected to the U.S. Senate, I Mr. BARRASSO. Mr. President, back lier comments today regarding equal spent 28 years in business. When you in August several western States and pay. Pay discrimination is wrong. It is are in business, you know you can’t Indian tribes suffered an enormous en- also illegal. Republicans and Demo- keep spending more money than you vironmental disaster. It has been called crats alike believe that violations of are taking in or you go broke, you go the Gold King Mine spill. In this dis- the Equal Pay Act and the Civil Rights out of business. I was elected to help aster, the Environmental Protection Act should be punished to the full ex- get our country back on track and get Agency spilled 3 million gallons of tent of the law. the reckless spending and record debt toxic wastewater into a tributary of Let me be crystal clear. The lack of of Washington, DC, under control. In the Animas River in Colorado. This consensus on proposals like the Pay- fact, the very first bill I introduced in plume of toxic waste threatened people check Fairness Act does not mean that the U.S. Senate was the Balanced in Colorado, New Mexico, and Utah. It Republicans do not support the prin- Budget Accountability Act. It is pretty stretched to the land of the Navajo Na- ciple of equal pay. I am tired of hearing simple. It requires that the Members of tion and the southern Ute Indian that Republicans don’t have any new Congress pass a balanced budget or Tribes. ideas on this issue. they don’t get paid. The people of Mon- Last month, I chaired a hearing of I have offered legislation, the Work- tana deserve real solutions to address the Indian Affairs Committee that place Advancement Act, which would the failures of Washington, DC, not looked at the spill. The EPA was there prohibit retaliation against employees more budget gimmicks and backroom to testify. The EPA claimed that it was who discuss their wages. My proposal deals. In fact, Montana’s farmers will taking full responsibility, and then it has a strong record of success, and un- suffer because of this budget deal. The did everything it could to deflect ac- like other proposals out there, it has crop insurance program was gutted as tual blame. They said they were taking bipartisan support. a way to make this deal work. Where full responsibility; then they did every- In April of 2014, before Republicans was the voice of Montana? Where was thing they could to deflect actual had the majority, I, along with Senator the voice of rural America as this blame. AYOTTE, Senator COLLINS, and Senator backroom deal was cut? The agency administrator actually MURKOWSKI, offered an amendment to This deal takes our Nation in the told our committee that this spill was the Paycheck Fairness Act that would wrong direction, and that is why I am inevitable. She said it was ‘‘inevi- make it illegal to retaliate against em- voting no. This budget deal would in- table.’’ Does that sound like someone ployees for seeking or sharing informa- crease our spending by $117 billion over who is actually taking full responsi- tion on their wages. Unfortunately, the next 2 years and raise the debt bility? that amendment was not considered. limit through 2017. How big are these Well, last week we got the results of This March I offered a similar numbers? We are currently at about the investigation by the Department of amendment to the budget that would $18.1 trillion of debt. By the end of this Interior about what actually happened reaffirm and strengthen equal pay laws 2-year agreement, sometime in 2017, we at the Gold King Mine. On Friday the and make it illegal to retaliate against will be above $19 trillion. How big is 1 Washington Post reported: ‘‘EPA gets employees for seeking or sharing infor- trillion? Do you know how long it blame for mine spill into rivers.’’ Well, mation on their wages. This non- takes to count to 1 million? If we were according to this report, the EPA’s retaliation measure was adopted to the to count to 1 million 1 digit per second, crew didn’t take engineering into ac- budget resolution with bipartisan sup- 24 by 7, it takes less than 30 days to count when it was working on the port. The legislative progress of my ef- count to 1 million. mine. It didn’t take engineering into forts to protect women in the work- How long does it take to count to 1 account. The agency didn’t understand place from retaliation for trying to en- billion? To count to 1 billion would that waters in these mines, according
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.056 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7634 CONGRESSIONAL RECORD — SENATE October 29, 2015 to the report, ‘‘can create hydraulic ty that will impose broad new limits on protects waterways while preventing forces similar to a dam.’’ How could American energy. This treaty will also Washington’s takeover of nonnavigable the experts from the EPA, the U.S. do incredible damage to the American waterways. Senator MCCONNELL and Government’s Environmental Protec- economy. At the same time, the admin- Senator CAPITO have filed resolutions tion Agency, not know that? The re- istration wants to pay billions of against the extreme limits on power- port also said that ‘‘the conditions and American taxpayer dollars—hard- plants. Senator FLAKE has filed one on actions that led to the Gold King Mine earned dollars—to other countries. In the burdensome new ozone standard. incident are not isolated or unique, and return for these other countries adopt- We are going to keep a spotlight on in fact are surprisingly prevalent.’’ ing green energy sources like solar this administration as it negotiates Remember, the EPA said it was inev- panels, the Obama administration will this new climate change treaty. We are itable. This spill was inevitable only help prop up their economies, not at going to stop it from committing this because the EPA is so inept, so neg- their expense but at America’s expense. country to another bad deal—and the ligent, and so incompetent that it was It wants to do all of this behind closed rest of us will be paying for that bad inevitable the agency would cause a doors without any oversight from Con- deal long after President Obama is out disaster like this someday, and now gress or the American people. of office. they have. It is inevitable that the The administration wants to make Congress is going to hold the Obama agency is going to keep making the sure that nobody can do anything to administration accountable—account- same mistakes unless something stop it until after it is too late. It able—and rein in the Washington bu- changes at this irresponsible, incom- wants to tie the hands of the American reaucrats before they do additional petent agency. economy, dole out billions of taxpayer damage. What has changed? It has been al- dollars, and not even ask the American Thank you, Mr. President. most 3 months since this disaster hap- people if that is what they want. The I yield the floor. pened. The Environmental Protection U.S. Congress cannot stand for that. It I suggest the absence of a quorum. Agency has not named a single person is the wrong choice for America, and it The PRESIDING OFFICER. The whom it is holding responsible for poi- is the wrong choice for the rest of the clerk will call the roll. soning the river. If the EPA’s incom- world as well. The senior assistant legislative clerk petence is ‘‘surprisingly prevalent,’’ as There was an op-ed in the Wall Street proceeded to call the roll. the investigation found, you would Journal last Thursday by Bjorn Mr. FLAKE. Mr. President, I ask think that this agency should be trying Lomborg. He is the director of a non- unanimous consent that the order for to get its house in order before it takes partisan international group called the the quorum call be rescinded. on new jobs. That is not what the Copenhagen Consensus Center. The The PRESIDING OFFICER. Without Obama administration is doing. Oh, no, headline is ‘‘This Child Doesn’t Need a objection, it is so ordered. it is not slowing down at all. It is not Solar Panel.’’ It has a photo of a child Mr. FLAKE. Mr. President, I rise to slowing down in its quest for power or in a slum in Mozambique. The author express concern about the budget deal in finding more ways that it can con- points out that the Obama administra- that seems to have been reached that trol what people do. tion is wrongly focused on the kind of we will vote on later today or tomor- On Friday, the Obama administra- climate change payoff that the Presi- row morning. tion published the final rule for what it dent is promoting. This Senator has a broader concern calls its Clean Power Plan. This regula- In the op-ed he writes: that we simply aren’t cutting spending and that we aren’t holding to the budg- tion would create more Washington This effectively means telling the world’s control over how electricity is pro- worst-off people, suffering from tuberculosis, et agreements we made. What we are duced across the country. That very malaria, or malnutrition, that what they doing here is getting rid of or extend- same day 26 States, including mine and really need isn’t medicine, mosquito nets, or ing the budget caps on the budget con- that of the President’s, filed lawsuits micronutrients, but a solar panel. It is ter- trol agreement, spending about $80 bil- in Federal court to stop this disastrous rible news. lion more than we would have other- rule. These States say that the Envi- He goes on: wise. ronmental Protection Agency went far In a world in which malnourishment con- We have told ourselves that we have beyond anything that the law allows tinues to claim at least 1.4 million children’s offset this spending. Here is my con- and far beyond anything Congress ever lives each year, 1.2 billion people live in ex- cern. It is clear that we haven’t. Some intended. I completely agree. This rule treme poverty, and 2.6 billion lack clean of the so-called offsets are simple budg- is too expensive, it is too extensive, drinking water and sanitation, this growing et gimmicks. Many have been tried and and it is too extreme. emphasis on climate aid is immoral. true in the past, such as just extending The EPA does have a job to do, and it That is the assessment coming out of the sequester a little longer. One that is failing dramatically at its job. In- the Copenhagen Consensus Center. The is of particular concern was raised ear- stead of going back to basics and doing President’s actions are immoral. There lier today. There is in this budget its job right, the EPA wants more are some very real dangers facing the agreement a modest crop insurance power, more control, and less account- United States and other countries savings provision. In farm bills over ability. This so-called Clean Power today, such as the threat from global the past few years, we have tried to Plan will cost billions of dollars. Ac- terrorists and from countries like Rus- rein in some of the massive subsidies cording to one estimate, it will destroy sia, Iran, and North Korea. There are and waste that have gone on in terms the jobs of more than 125,000 Ameri- desperate humanitarian crises around of direct payments and some of the cans. None of that seems to matter to the world. That is where the Obama ad- other methods. A lot of that funding the President of the United States or ministration should focus its foreign has gone toward crop insurance, and it his administration and the EPA. They policy. is quite a generous program. In fact, are driven by ideology, not by the Here at home, the EPA should be the taxpayer subsidizes crop insurance facts, and their ideology is driven by cleaning up the environment, not poi- on average of I think about 70 percent. their desire for more control. That is soning America’s rivers and lakes. Seventy percent of the premium is paid why it is so urgent that we focus our Until the Obama administration gets for by the taxpayers. attention on all of the ways this Wash- its priorities straight, Congress will What we are doing in this agreement ington bureaucracy is trying to re- have to act to stop it. or what we have tried to do in previous strict people’s freedom and take more Republicans have introduced legisla- farm bills is say that the savings—if we control for themselves. tion to block some of the administra- reform these programs through so- The Obama administration isn’t even tion’s most egregious new rules. Sen- called standard reinsurance agree- satisfied telling States how to get their ator ERNST has filed a resolution ments, or SRAs, if we realize some sav- energy. Now the Obama administration against the so-called waters of the ings, than we plow those savings into wants to be involved in making these United States or the WOTUS rule. I the deficit or against the deficit. But decisions for the whole world. It is try- have introduced legislation to replace what came out of the last farm bill was ing to negotiate a climate change trea- the WOTUS rule with one that actually a provision that said if there are any
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.058 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7635 savings in this program, they have to tary actually asked us to do because colleagues to vote against this agree- stay within the program. they wanted to take a portion of the ment as well. Now, we don’t have that type of pro- savings and put them into other areas I yield the floor. vision in just about any other program of the military, but also it would real- I suggest the absence of a quorum. of government, where if you realize ize a savings for us. This was a small The PRESIDING OFFICER. The some savings by reform, you have to adjustment for just Active-Duty mili- clerk will call the roll. spend those savings on the program tary retirees who retired before the age The senior assistant legislative clerk itself, just in another way. That of 62. If they made it all the way to 62, proceeded to call the roll. doesn’t save the taxpayer any money they could recover all the savings that Mr. SHELBY. Mr. President, I ask overall. were there for the COLA adjustment. unanimous consent that the order for In this case, we have tried to get Three months after the agreement, the quorum call be rescinded. The PRESIDING OFFICER. Without those savings, but the farm bill said no, because of lobbying by one particular objection, it is so ordered. it had to be plowed back into the pro- small subset of those receiving these Mr. SHELBY. Mr. President, I rise benefits, we reversed that change. Just gram. So the reform that was agreed to this afternoon in strong opposition to 3 months after we signed the deal, we in this budget deal was to do what we the 2-year budget agreement before the had been trying to do—to make sure reversed part of the deal. In this case, what we are doing with Senate. This so-called budget deal was that any savings that result from a negotiated at the last minute. It is now standard reinsurance agreement be the Crop Insurance Program is we are not even waiting 3 months after the being rushed through Congress with in- plowed into or be put against the def- adequate time for proper scrutiny. icit to actually save some money. deal. We are not having a separate vote. While the devil is typically in the de- There is also a small provision which tails when Congress negotiates these set a target rate for crop insurance That vote, by the way, was 97 to 3 to reverse it, just because of some lob- eleventh-hour deals, the flaws in this companies at 8.9 percent rather than agreement are evident from merely the 14.5 percent that it is currently at bying against it. I was one of the three opposed to reversing the program for taking a glance at what is in it. now. Opponents of this deal are saying This budget agreement would in- that this minor change will gut crop the slight cuts. But in this case, the Crop Insurance crease the current Budget Control Act insurance. I don’t think that is true at spending caps, which we enacted in 2011 all. Crop insurance is far from a suf- Program in this budget deal, we aren’t even waiting until the ink is dry. In in an effort to restrain Washington fering industry. It is a significant driv- spending, by approximately $80 billion er of the cost of our Nation’s farm pro- fact, we aren’t even waiting until the ink is applied to the paper signing this or more over the next 2 years. On top gram. of raising the caps by $80 billion or Government costs for crop insurance deal. We are reversing this change be- fore we even pass the deal. We are more, this deal also adds $32 billion in have increased substantially over the additional spending totals. That is $112 decades. In fact, after ranging from $2.1 agreeing that in the omnibus in a cou- ple of weeks, we are going to reverse billion in new spending over the next 2 billion to $3.9 billion during fiscal year years—yes, $112 billion in new spending 2000 to fiscal year 2007, costs rose to a these savings, we are going to reverse these offsets. over the next 2 years. total of $14.1 billion by fiscal year 2012. I had a lot of problems with this Not only would this agreement allow In fiscal year 2013, the total costs were budget deal prior to today, but the for increased spending, it would also $6 billion, and in fiscal year 2014, $8.7 more I look at this and the more I raise the debt ceiling through March of billion. Taxpayers are footing about 70 learn, I don’t know how we can vote for 2017—yes, through March of 2017— percent of the total costs of the pro- this deal. where we can borrow more money, add- gram and 60 percent of all premiums I don’t know when we are going to ing an estimated $1.5 trillion of bor- paid. get serious about our deficit and our rowing. This change would not impact the overall debt. If we can’t do it now, President Obama has continually coverage that is received; it would sim- when will we do it? If we can’t get seri- called for more government spending ply trim some of the profits. Some say ous now, when are we going to get seri- and a blank check, to raise our Na- that will drive crop insurance out of ous? If we have a budget agreement tion’s debt limit with no corresponding business. I don’t think so. There isn’t a with the BCA now and we can’t stick to reforms or spending cuts. The deal be- crisis here when taxpayers are footing it now, what makes us think we are fore us today represents a victory for 60 percent of the premiums and 70 per- going to in the future? President Obama and his liberal allies, cent of the overall cost of the program. It makes me think, if we are revers- not for the American people. As long as Typically, it is the type of program the ing changes we made to get some sav- Washington continues to spend far be- private sector would like to get into. If ings before we even have the deal yond its means and remain on the same there is a problem with people fleeing signed, what are we going to do a unsustainable track, our economy will the program, it hasn’t been dem- month after? What are we going to do suffer. onstrated. This is not an industry in the next month? Are there other While I believe we should safeguard under siege; it is a industry which has provisions in the other so-called offsets the full faith and credit of the United seen dramatic expansion and which that we are going to address and say: States, I also believe we should do so in now faces a slight trimming of its prof- We did not really mean it; we are going a manner that puts our Nation on a its. Yet we are saying that we can’t to reverse that as well. more responsible fiscal path. We can- stand it. What we are saying is that we It is very discouraging to see what is not—I repeat, we cannot continue to are going to undo that deal as part of happening with the budget. We cannot raise the debt limit without taking re- the budget deal before we even vote on continue to simply spend, spend, and sponsible steps to tackle the under- the budget deal. spend and just ignore the real offsets lying problems facing our Nation: Earlier today on the floor, there was that are needed. I would have been fine wasteful government spending. an agreement reached with the appro- with spending additional money on Taking on more debt to facilitate priators in the form of a colloquy that nondefense discretionary if we had more government spending is not the in the omnibus coming up in a couple been serious about going into entitle- answer and is simply unacceptable. of weeks, we would remove that provi- ment spending and the mandatory Hard-working Americans in Alabama sion, that savings of some $4 billion or spending and finding real savings, sav- and across the country are looking for $8 billion would simply be made up ings that were significant. We have a Washington to have serious conversa- somehow by extending the sequester. couple of reaches into mandatory tions about how to tackle our coun- This reminds me of the last budget spending but not significant reaches. try’s $18 trillion debt that is growing. agreement we had, the Ryan-Murray Who knows whether they will last or Instead, this deal before us continues budget, where there was a provision to whether we will reverse them as well in the never-ending cycle of bad policies very slightly adjust the cost-of-living a couple of months. that grow our bloated government, im- increase for Active-Duty military re- This is very discouraging. I will vote pede job growth, and perpetuate a stag- tirees. This is something that the mili- against this, and I would encourage my nant economic recovery.
VerDate Sep 11 2014 00:42 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.060 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7636 CONGRESSIONAL RECORD — SENATE October 29, 2015 I believe our constituents deserve contains important safeguards against the place where they use the Strategic better than a last-minute, flawed budg- abusive practices. Before a caller can Petroleum Reserve money. et deal that not only exacerbates our make autodialed or prerecorded calls This is a very bad provision that is in debt crisis, but it adds more and more or send texts, that caller must have the a bill which is going to pass—and it to our children’s debt. There is abso- consent of whoever is being called. should pass—but this is a flaw. It is lutely no excuse for continuing to in- Section 301 of this legislation before going to lose a lot of money if it con- crease our Nation’s debt. Americans this body today removes that precall tinues on with the language that is in are frustrated that Congress continues consent requirement if someone is col- this bill. to push policies that empower Wash- lecting debt owed to the Federal Gov- I am going to continue to work with ington instead of the people of this ernment. The provision opens the door the Presiding Officer, the Senator from great country. This deal is more of the to potentially unwanted robocalls and Louisiana, so that we can correct it. It same. Borrow more, spend more, be ac- texts to the cell phones of anyone with will save a lot of money if we do it the countable less and less. That is why I a student loan or a mortgage, calls to correct way. adamantly oppose this budget deal and the cell phones of delinquent tax- We need to ensure that we have a ra- will continue to fight for a smaller, payers, calls to farmers, to veterans, or tional approach to budgeting—unlike more effective government that puts to anyone with debt backed by the Fed- sequestration—which will finally allow the American people first. eral Government. us to get back to the business of legis- I yield the floor. That is why, once the Senate takes lating instead of lurching from crisis to I suggest the absence of a quorum. action on this budget bill, I plan to file crisis. That is not possible unless we The PRESIDING OFFICER. The a bill that strikes that provision. I also begin a new era in this institution. clerk will call the roll. intend to ask the majority leader for a Hopefully, that is what today and per- The senior assistant legislative clerk vote on my bill at the earliest possible haps tomorrow will represent. Maybe proceeded to call the roll. time. We must protect American stu- we can work together again across the Mr. MARKEY. Mr. President, I ask dents and consumers. aisle the way I think all Americans unanimous consent that the order for That rollback of protections against want us to. I pledge to work on these the quorum call be rescinded. abusive telemarketers is not the only two pieces of legislation going forward The PRESIDING OFFICER. Without problem with this legislation. The bill to correct real flaws that are built into objection, it is so ordered. also would sell off part of our Nation’s this legislation. Mr. MARKEY. Mr. President, I come oil stockpile simply to raise revenue. Thank you for allowing me to have to bring a very important subject to The Presiding Officer is an expert in the floor at this time. I hope the Pre- the attention of my colleagues. this area. Our Strategic Petroleum Re- siding Officer and I can partner to cor- ‘‘Sequestration’’ is just a fancy word serve is there to protect American con- rect at least one of the problems in this for cuts, mindless cuts. That is why I sumers and our security in the event of bill. have always opposed sequestration. an emergency, but now it is increas- I yield back the remainder of my This thoughtless, across-the-board ap- ingly viewed as a piggy bank to fund time. proach to the Federal budget has other priorities. Mr. HATCH. Mr. President, before we harmed States across the country, but If we are going to sell oil from our move to a vote on the Bipartisan Budg- its effect on Massachusetts has been strategic reserve, we should at least do et Act of 2015, I want to take a moment disproportionate. so strategically to get the best deal for to discuss the part of the bill that is in- Sequestration significantly reduced our taxpayers, but the budget deal that tended to be an offset for partially lift- Federal research and development we are considering would require the ing the budget caps established under funding for science and medicine. That sale of a specific amount of oil each the Budget Control Act. is Massachusetts. Investments in those year from 2018 to 2025 regardless of its Under current law, large partnerships fields are critical to our economy with price. are subject to a special set of tax pro- its world-class universities, medical When the majority attempted to use cedural rules. They are known as the centers, industry-leading bio- and high- similar Strategic Petroleum Reserve TEFRA partnership rules because they tech companies, and clean-tech indus- sales to fund the highway bill, Senator were included in the Tax Equity and tries exploding with new technologies. CASSIDY of Louisiana and I authored a Fiscal Responsibility Act of 1982. This is the future of our country. This bipartisan amendment to fix the prob- These rules are complex and is the future of the 21st century. This is lem. Our commonsense amendment unwieldly for both the taxpayers and what we must be investing in: research gave the Secretary of Energy flexi- the Internal Revenue Service. Most tax and technology, research and science. bility to sell more oil when prices are experts agree that these rules are in I am pleased that for the next 2 years high and thereby maximize the return bad need of reform. I agree. this budget agreement will give us des- for taxpayers. The Treasury Department, former perately needed relief from sequestra- Unfortunately, that bipartisan fix is House Ways and Means Committee tion and will extend the debt limit. not part of this legislation, but I will Chairman Dave Camp, and Congress- This legislation will also protect vul- continue to work with Senator CASSIDY man JIM RENACCI have all put forward nerable Americans who rely on Medi- on this important issue. You know that reforms of the TEFRA partnership care and Social Security. It will ensure we are right when a conservative Re- rules. And, on the Senate Finance that for the next 7 years, millions who publican from Louisiana and a liberal Committee, we have been looking at depend on the Social Security dis- Democrat from Massachusetts agree on those reforms and other proposals as ability program do not face a benefit an issue. It is foolish to buy high and well. We have also held discussions cut. The legislation will also help mil- sell low. That is essentially what this with the Ways and Means Committee, lions of seniors by avoiding a Gronk- legislation is now mandating. as well as tax professionals and mem- like spike in Medicare premiums. But Rather than saying to the govern- bers of the business community. These this bill comes with a price: more un- ment that you have to find just the efforts, so far, have been bipartisan. wanted calls and texts to Americans. right time when the price of oil is high Because any such reforms would have Back in 1991, consumers were con- to sell it over the next 7 years, it says a significant impact on a large number stantly harassed by unwanted tele- sell it on this schedule regardless of of taxpayers, we were prepared to tack- marketing phone calls that interrupted whether or not you are going to get a le this problem the same way the Fi- their family dinners. In 1991, my bill, good return on your investment. That nance Committee has dealt with other the Telephone Consumer Protection is not the way this government should widely applicable tax compliance meas- Act, stopped these intrusive and un- be operated. We should be using some ures. Specifically, we had planned to wanted calls from telemarketers. common sense, especially since the release various discussion drafts that Yes, this budget being debated today Senator from Louisiana and I had al- would be open for public comment and actually makes it easier to harass con- ready drafted the legislation and had subsequent modification. That is the sumers on their mobile phones. That is already attached it to the Transpor- way the Finance Committee handled wrong, just plain wrong. Current law tation bill when that was going to be issues like stock basis reporting and
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.061 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7637 merchant credit card reporting, and was set up to be a dedicated resource to mestic spending. Throughout this proc- the process has worked well in the help victims of crime. Given the ongo- ess to reach a budget agreement, I have past. ing level of unmet need in that commu- urged my colleagues on both sides of However, as these efforts were ongo- nity, it is simply unacceptable that the aisle to work together to find a bal- ing, bipartisan leaders from both the this fund was raided to pay for unre- anced, responsible way to address de- House and Senate identified TEFRA lated things. This one-time rescission fense and domestic spending—because partnership reforms as a potential off- must not become a new precedent. We they are both essential to the security set for this budget legislation. As per cannot turn our backs on the victims and financial well-being of the Amer- usual, the Finance Committee was con- of crime. ican people. And while this bill relies sulted, and we provided assistance in Nonetheless, I support the Bipartisan on emergency war fund accounts, it drafting the offset language. I am Budget Act. It is the product of com- more accurately reflects the costs of pleased to say that many of our rec- promise that will offer a measure of our overseas military operations and ommendations were adopted in the stability and help pave the way for an provides the Department of Defense final version of the bill. omnibus appropriations bill to keep with some additional budgetary sta- However, for those who might be con- our government open past December 11. bility and flexibility to plan for the fu- cerned about this process, it is impor- But this is only the first step. While we ture. With the sequester relief that the tant to note that the effective date for will avert a calamitous default next bill provides, we will have greater fis- the TEFRA partnership reforms in the week, we now must undertake the dif- cal certainty and the additional re- budget bill is delayed for 2 tax years. In ficult process of crafting an omnibus sources we need to maintain a strong the coming weeks and months, the Fi- spending bill that will meet our finan- defense and economy. nance Committee will treat the cial obligations and properly invest our The bill also contains offsets that im- TEFRA partnership reforms as a work resources. We have come together— prove tax compliance among large in process. As planned, we intend to across the aisle and across Congress— partnerships and reforms federal crop hear comments and will be prepared to to support this budget deal. Let’s not insurance. These are the sorts of new address issues raised by taxpayers, es- squander those bipartisan efforts in the revenue and spending cuts we should pecially those issues that may not have next phase by derailing the appropria- see more of instead of revenue and been anticipated. tions process with needless partisan spending cuts that come off the backs As an example, we have heard from policy riders intended to do nothing of seniors and the middle class. stakeholders who were concerned that more than score political points. Now, while I would prefer to elimi- particular partner-level tax attributes Mr. WYDEN. Mr. President, I would nate the sequester all together, this that may be known by a partnership, like to address a small but important compromise sets an encouraging prece- such as certain passive losses under tax aspect of the hospital outpatient policy dent for future sequester relief, which code section 469, should be identified in that is included in the budget agree- is balanced and allows the government the legislation for purposes of modi- ment. The legislation does not address to keep making investments in areas fying the so-called imputed under- what happens to outpatient depart- that spur economic growth like edu- payment amount with respect to the ments that are currently under con- cation, transportation, health care, partnership. struction. The bill allows current out- and defense. And that is why it’s im- In sum, I want the record to be clear: patient departments to continue to re- portant for the Senate and House Ap- The TEFRA partnership reforms are ceive the Medicare outpatient payment propriations Committees to quickly not effective for a couple of years. We rate because hospitals rely on those reach a consensus and produce a de- plan to use that window to properly ad- payments. Hospitals that want to build tailed spending package before the ex- dress problems raised by affected par- new facilities in the future go in with piration of the continuing resolution ties. ‘‘eyes open’’ because they know they on December 11. Mr. LEAHY. Mr. President, for will not receive the higher outpatient I urge my colleagues to quickly ap- months, Democrats have called on Re- rate. But that is not the case for out- prove this budget agreement and move publican leaders in both the Senate and patient departments that are currently on to a bill to fund the government. the House to work with us to avert the being constructed as we speak. These Mr. KAINE. Mr. President, I want to economic crisis that default would hospitals made the decision to build, speak about the compromise budget have wrought on this country. With understanding that these facilities legislation we are debating on the Sen- our backs against the wall, congres- would receive the outpatient rate— ate floor. This is a good deal that cov- sional leaders and the White House they had no idea that Congress would ers so many important topics: seques- have reached an agreement to not only be voting on this policy as part of this ter relief for defense and nondefense raise the debt ceiling—ensuring that bill at this exact time. Facilities under accounts, the debt limit, Medicare pre- our government can pay its bills—but construction should be treated the miums, Social Security Disability In- to limit the devastating impacts of se- same as current facilities. I think it is surance, and many more items. These questration for the next 2 years. unfortunate that this was not ad- are all items the Senate needed to ad- This agreement is far from perfect. dressed when the bill was drafted, and dress, and I am happy to support this This deal uses funding identified and I hope my colleagues will join me in bipartisan budget accord. supported by the Senate to extend the ensuring this issue is addressed, either In my 3 years in the Senate, I have critical highway trust fund. The trust through regulations or through a tech- done everything I can to address the fund has limped along, one short-term nical legislative fix. nonstrategic sequester cuts that have extension after another, for far too Mr. REED. Mr. President, I come to been hurting our national security and long. Despite the progress made on ad- the floor today to voice my support for economy. When I was sworn into the vancing a 6-year authorization, we will the Bipartisan Budget Act of 2015. This Senate and put on the Budget Com- now have to move back to square one is a credible compromise that accom- mittee, we were about to let go into ef- to find a way to pay for it. I am as con- plishes three key objectives: it pre- fect the arbitrary sequester cuts set cerned now as I was in July that we are vents an economically catastrophic de- forth in the Budget Control Act of 2011. stealing from ourselves by selling off fault, establishes 2 years of rational So in 2013, we got to a bipartisan Mur- strategic oil preserves at a time of low budgets for defense and domestic prior- ray-Ryan budget deal. I supported that prices when we purchased at a time of ities, and provides our military with deal because it provided sequester re- high prices, and I am deeply concerned the resources they need without an lief for 2 years and gave certainty to that this deal raids the Crime Victims overreliance on the emergency war businesses and families, teachers and Fund of $1.5 billion. Democrats and Re- fund accounts. shipbuilders, around the Common- publicans alike have long supported Specifically, the agreement takes the wealth and Nation to plan for their the Crime Victims Fund—unique in threat of default off the table until needs. that it comes not from taxpayer dol- March 2017 and provides $80 billion in Since 2013, we have seen the uncer- lars, but from penalties and fines paid sequester relief over the next 2 years, tainty presented by short-term budget by the criminals themselves. This fund evenly split between defense and do- deals and continuing resolutions has
VerDate Sep 11 2014 05:21 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.034 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7638 CONGRESSIONAL RECORD — SENATE October 29, 2015 actually been shown to harm the econ- other way, does it help us to balance again. What we have is not a plan to omy. In addition, the world is a very our budget or to address the debt prob- handle the long-term consequences of different place now than it was in 2011 lem? deficit. In fact, it obfuscates that when the Budget Control Act passed, We need two things to be able to bal- again. We need a plan to deal with enti- and we need to adjust our budget poli- ance our Federal budget: spending re- tlements, and what we have done is cies to respond to today’s challenges, straint and a growing economy. Right just scratched the surface dealing with from the rise of ISIL to increasing now we have neither. We have $18.5 entitlements. cyber attacks. trillion in debt and over $430 billion in What I have heard over and over is The deal before the Senate today pro- deficit in this year. To start paying that at least the pay-fors are real, that vides more than $100 billion in seques- down our debt, we have to first balance for any increased spending that was ter relief over 2 years for both defense our budget. done, at least there were offsets for and nondefense accounts, which will The Presiding Officer knows very that. Let me give a couple of examples provide much-needed certainty to Vir- well that we passed a budget earlier of these real pay-fors, as I read the bill. ginia’s families while helping busi- this year that took the next 10 years to Here are a couple of real pay-fors. nesses and the defense community bet- be able to balance our budget. Let’s One is called pension payment accel- ter plan for the future. It also prevents play pretend for a moment in this eration. This is listed as one of the real certain Medicare beneficiaries from ex- body. Let’s say we put that budget into pay-fors in the document. Pension pay- periencing a significant increase in place, and over the 10 years we work ment acceleration in section 502 premiums next year and protects dis- down a little bit each year and get to changed the due date for pension pre- abled Americans from a potential 20 a balanced budget 10 years from now. miums from October 15, 2025, to Sep- percent reduction in benefits. It raises Let’s take a guess in this body, and tember 15, 2025, in order to get another the debt ceiling, avoiding a default on let’s say the year after that we had a $2.3 billion into the 10-year budget win- our debt and disaster in financial mar- $50 billion surplus. It took us 10 years dow. kets. The agreement is not perfect. But to get back to balance, and in year 11 You see, this is all laid out to say that is the nature of compromise. we had a $50 billion surplus. How many that in the next 10 years we will pay Everyone can find something in this years would we have to maintain a $50 this off. So they took a payment that bill they dislike, and that is usually billion surplus until we paid off our was due 10 years and 2 weeks from now the marker of an honest compromise. I debt? The correct answer would be: 360 and moved it forward a month. So lit- wish we were able to fully replace se- years in a row we would have to have a erally, yes, it adds $2.3 billion into the questration and reach that long-term $50 billion surplus to pay off our debt. 10-year window, but if we had a 10-year- budget deal which would fully replace We need to start doing budgets that ac- plus-2-week time period, it would be sequester cuts, make Medicare and So- tually deal seriously with our debt and exactly the same. It is actually zero cial Security solvent over the long deficit. savings. It is not real. They moved the term, and reform the Tax Code. But Today, our GDP growth was an- payment a month and said that is a that budget deal will take time to ne- nounced again. It is a whopping 1.5-per- pay-for. It is not a pay-for. That is the gotiate, and we face government debt cent growth in the American economy. pension payment acceleration. default in less than a week. Given that With new regulations on every busi- How about this one? We have this one reality, this compromise is a dramatic ness, the assault on American energy, in the Federal Government called the improvement over a government debt new loan restrictions on banks, and Crime Victims Fund. The Crime Vic- default, across-the-board budget cuts, ObamaCare cost increases—including tims Fund is money seized from crimi- and crisis budgeting. in my State of Oklahoma, where pre- nals and designated not for general use I especially applaud the fact that we mium increases are hitting 35 percent but to compensate the victims of will do a 2-year budget deal, just like for next year on individuals—people crime—hence the name Crime Victims we did when we reached the Murray- know inherently that if you keep over- Fund. Apparently, this budget agree- Ryan compromise in December 2013. spending, it limits our economic ment qualifies as a victim of crime be- Two-year budgets provide certainty, growth in America. We have fewer jobs cause $1.5 billion is taken from the and that has a significant positive im- because of it. It is harder to start a Crime Victims Fund and dedicated not pact on the economy. I came to the business because of it. to victims of crime but to spending in Senate a strong supporter of 2-year The President keeps saying if we will other areas. budgeting due to my experience as just spend a little more, we will have We literally take $1.5 billion out of Governor, and it is good to see others more jobs. But people don’t believe it the Crime Victims Fund and spend it in Congress finally embracing this anymore because they have seen it is on the EPA, the IRS, and silent Shake- helpful reform. I support this budget not true. After 6 years of ‘‘if we just speare festivals out there in Federal compromise and look forward to mov- spend a little more, spend a little more, funding—so much for helping crime ing this bill to the President’s desk. this will get caught up’’ we still have a victims. Mr. MARKEY. I suggest the absence 1.5-percent growth rate in the Amer- We have 12 appropriations bills we of a quorum. ican economy. That is pathetic. have done in the Senate. It is the first The PRESIDING OFFICER. The While we have a great number of ter- time in a very long time that the Com- clerk will call the roll. rific people in the Federal workforce, mittee on Appropriations has done all The senior assistant legislative clerk people inherently know if you just 12 appropriations bills through com- proceeded to call the roll. keep adding jobs in the Federal work- mittee. In this agreement, all 12 of Mr. LANKFORD. Mr. President, I ask force, it hurts our economy because it those appropriations bills will have to unanimous consent that the order for continues to take money out of private be redone. Here is how they will be the quorum call be rescinded. hands and puts it into government con- redone. The defense bill will be cut, and The PRESIDING OFFICER. Without trol. What people want is not unreason- the other 11 will all go up in spending. objection, it is so ordered. able. They just want a plan. People The top of that debt ceiling is without Mr. LANKFORD. Mr. President, peo- want to know that if we are going to reform. ple in my home State are trying to fig- spend money, we use it efficiently and The final straw for me in looking at ure out what they missed on this budg- that there is a plan to be able to get us this deal is Social Security disability. et deal. It was announced by the White out of debt. The Presiding Officer knows full well I House today that this is a great job- What we heard through the negotia- have worked for 3 years on Social Secu- creating achievement, but all they see tions was that any increase in spending rity disability reform, knowing that is more spending and no change in the would be offset with pay-fors that were the day was coming when we would status quo. real. The spending negotiations that have to fix Social Security. Everyone throws around numbers, were done were supposed to develop The CBO has warned us for 4 years but here is the one number people in that plan. What we have as a final doc- that Social Security disability would my State want to hear. How much does ument is not a plan to get us out of reach insolvency in 2016, so my office it save the American taxpayer? Put an- debt. In fact, it increases our debt has spent the last 3 years preparing for
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.042 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7639 how we could actually reform this pro- We need to have good record keep- to eliminate the second level of appeal, gram to make sure we stabilize the So- ing—evidence for disability. That is which is called reconsideration. Many cial Security disability program. I not required in this bill. We need to individuals within the process who are have interviewed individuals within have a standard to be able to rotate off legitimately disabled and who just the disability program—attorneys that disability and to bring some clarity to want to have their cases heard get work with it, Federal judges, adminis- it. Right now it is medical improve- stuck in this long process. There are trative law judges, representatives, So- ment. The problem is there are no good actually more appeals in Social Secu- cial Security staff in all of those cubi- records often for those individuals on rity Administration, in the Social Se- cles across the Social Security Admin- disability. So there is no way to rotate curity disability program, than there istration offices, advocacy groups, par- off of it. An individual is permanently are on death row, which puts people in ents of the disabled, and we held bipar- trapped in it because the records were this cycle of endless appeals, year after tisan hearings to look for common- so bad at the start. There is no change year, and continues to rack up the cost ground solutions and worked with the in that. to the taxpayer and the effect on those inspector general and the GAO to hear What does that look like in real life? who are disabled. other practical solutions they had dis- Let me give a couple of real-life exam- There is nothing in this bill to ensure covered. We have a long list of real so- ples. In Puerto Rico, the Office of the that a claimant’s medical record is lutions to solving Social Security dis- U.S. Attorney accepted a case for pros- well developed so that when they come ability for the disabled and for the tax- ecution about 4 years ago. The inspec- up for a continuing disability review, a payer. We have submitted those solu- tor general initiated a Federal grand disability determination service exam- tions as an amendment to this bill be- jury investigation, working closely iner can make an informed judgment cause there are real answers to solving with the Office of the U.S. Attorney, and actually evaluate whether they are Social Security disability, if you do the FBI, and the Puerto Rico Police medically improved. the work. We have actually done the Department. In August of 2013, 74 indi- There is nothing in this bill to con- viduals, including 47 medical profes- work to prepare for this. duct oversight of the administrative Instead, this budget bill renews a few sionals and a nonattorney claimant law judges or claimants’ representa- demonstration programs, changes a few representative, were indicted and ar- tives. The bill increases the number of names, transfers some funds from re- rested for their involvement in a large- administrative law judges but not the tirement Social Security over to dis- scale disability fraud scheme. oversight. I am not sure if many in this On January 15, 2015, the U.S. Attor- ability Social Security, and calls it re- body are aware that some of the ad- ney’s Office in Puerto Rico announced form. If you look at the way the actu- ministrative law judges in this country the indictments of an additional 40 in- arial tables work out, of the 100 per- have an overturn rate of 95 percent or dividuals, including a psychiatrist, for cent that needs to be done to bring sol- higher, and we are adding more but not their alleged involvement in this con- vency, they do 1.5 percent of what increasing the oversight. spiracy when they undertook an early- needs to be done to bring the program There is no opportunity given for morning arrest operation for those in- greater accountability or even to im- to solvency. The estimate is 1.5 percent dividuals. All of these individuals were of the 100 percent that needs to be prove the Code of Judicial Conduct—a apprehended, and at the end they esti- basic element of reform that should be done, and it is called real significant mate the cost to the taxpayer is $100 disability reform. I wish it were, be- in this. million of fraud in that one case alone. As for the claimant representatives, cause it is desperately needed. In Huntington, WV, in May of this according to the Social Security Ad- Everyone knows this Congress only year, the Social Security Administra- ministration’s Office of Inspector Gen- seems to do anything when they have tion mailed letters to approximately eral, in tax year 2013, the top 10 highest to. A deadline is coming to deal with 1,500 individuals informing them of earning claimant representatives made Social Security disability. This is the their need to redetermine their eligi- $23 million. Remember that the pay- time we have to do the reforms. This bility for Social Security disability— ment for the claimant representatives opportunity will not come around many of those individuals have been on comes directly out of the money that again for 7 years, because this extends disability for years—because the Social out this program for 7 years with al- Security Administration and the In- should go to the disabled individual, most no reforms at all. We are missing spector General’s Office noted that not from another fund. It is from the our window. many of these individuals were put on individual who should have received These are the most vulnerable indi- in a case that did not match facts with that money as disability. So the more viduals in our society who are on dis- what actually happened in their lives. the reps make, the less tax money that ability. These are individuals who lit- They were led to believe this by a rep- actually gets to the disabled indi- erally cannot work in the economy in resentative, an attorney in this case, vidual. There is no change in this any way, and they need our help and fraudulent work behind the scenes by model. It continues to provide funding they need real reform in this program, physicians, and the inside work of indi- for claimant representatives and attor- and we have punted. There is 1.5 per- viduals within Social Security who neys and continues to leave the dis- cent of reform of the 100 percent that is tracked them through the process. abled exposed. needed to actually stabilize the pro- What happened? There were hundreds By the way, today in Social Security gram. of millions of dollars in fraud. Administration offices all around the What does real reform look like? It These things still continue. Nothing country, they are processing the helps those stuck in the painful process changes on this. I wish this bill would money from the disabled and sending of disability applications and gets correct some of these issues today, but checks to the representatives because them the help they need at the time it doesn’t. Those individuals were told although the reps are hired by the dis- they need it. Real reform helps with by someone that they fit into the dis- abled individual, they are paid and those who game the system to get out abled category, only to find out later processed by the Federal workforce of the system. It gives clarity, account- that they had also been defrauded in from the disabled person’s money. We ability, and oversight to the system the system. can do better than this. We should do itself. That is what real reform would There is nothing in this bill man- better than this. look like. dating the Social Security Administra- This is not a deal the American peo- Let me give a couple of examples. tion to update its medical and voca- ple are looking for. This is not a budget The grid—it is called a vocational tional listings. There is nothing in this agreement the people of Oklahoma say grid—which is used to determine if bill to prevent people who receive un- fixes our debt and deficit issues and someone can work in the economy, has employment insurance, who by defini- stabilizes disability. This is a deal that not been updated since 1978. It needs to tion must be employable, from also re- is done, apparently, but not a deal that be updated not just now but every 10 ceiving disability insurance—people is done well. Based on where we are in years in order to have a regular cycle who by definition cannot also work. debt and deficit, we need to do better, of updating, and not every 40 years. There is nothing in this bill to and I pray we do in the days ahead. We But that is not required in this bill. streamline the adjudication process or have much to get fixed. It is time to
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.065 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7640 CONGRESSIONAL RECORD — SENATE October 29, 2015 actually fix some things, not just to one can express any type of faith in Christian who is silently praying on stay operational. this building.’’ That is absurd. the 50-yard line, I can assure you they Mr. President, I ask unanimous con- The school district quoted multiple will be after every other faith in the sent to speak for an additional 5 min- times from the Borden case, which is country and say: You can only practice utes. the Borden v. School District of the your faith in the place of the govern- The PRESIDING OFFICER. Without Township of East Brunswick case. This ment’s choosing. That is not who we objection, it is so ordered. is what the actual case was. It was a are. FREE EXERCISE OF RELIGION football coach who, before the game, at Coach Joe Kennedy has the right to Mr. LANKFORD. Mr. President, a mandatory meeting of the team, led pray anywhere he wants to pray as there is a football coach in Washington them in a prayer. The only similarity long as it doesn’t interrupt his school State. He is the head coach of the JV here is prayer and football because this responsibilities. I pray that this school team, and he is the assistant coach of is not a mandatory meeting before the district and the attorneys who are try- the varsity football team. Tonight is game; this is not a required closed ing to manufacture a new requirement the last game of the season for them, time; this is an individual, after the on people of faith will see that in the but he will not be coaching on the side- game is over, kneeling down on his own days ahead. lines today because last night he was and freely expressing his faith without I yield the floor. dismissed from his duties in Brem- requiring anyone else to be there, any- The PRESIDING OFFICER. The Sen- erton, WA. According to the attorneys one to listen. This is an individual liv- ator from Wisconsin. at the school, he was dismissed from ing their faith. That is free in America, HONORING OUR ARMED FORCES his duties because last Friday night at whether you are Muslim, whether you SENIOR AIRMAN QUINN LAMAR JOHNSON-HARRIS the football game, he had the audacity are Wiccan, whether you are Hindu, to kneel down at the end of the game whether you are Christian, whether Mr. JOHNSON. Mr. President, I come and silently pray at the 50-yard line you are Jewish, whether you are a Fed- to the floor today to pay tribute to one when the game was over, when the eral employee or a State employee or a of the finest among us, a young man school had instructed him that he was private citizen. Every individual re- from Wisconsin whose service to his not to silently pray at the end of a tains their constitutional right to the country was cut short by tragedy in Af- game. free exercise of their religion. Does ghanistan. Help me understand this. The night that mean they can coerce people or SrA Quinn Lamar Johnson-Harris, a before the last game of the season, proselytize in that situation? No, it 21-year-old from Milwaukee, was they kick the football coach off the does not. The Court has been very clear among six airmen and five civilian pas- field because he had the audacity to si- on that. But that is not what this was. sengers who lost their lives when a C– lently pray when they told him not to. This is not a situation where the coach 130 crashed on takeoff from Jalalabad To his defense, this is not brand new. was coercing his players to participate Airfield in Afghanistan earlier this Since 2008, this same coach, at the end in a prayer or proselytizing his players month. Every one of those individuals of the games—each game—has had the while he was on school time. He was was a grave loss to our country. Every habit of kneeling and praying at the 50- simply kneeling down to pray, and for one deserves to be remembered and re- yard line after the kids have gone, whatever strange reason the school dis- vered before the Senate. after the game is over, to thank God trict has put him on paid administra- Today it is my solemn duty and par- for the safety of his kids. It is a habit tive leave and has started the process ticular honor to tell you about Airman he started 7 years ago, but for some of firing the coach. Johnson-Harris. Quinn graduated from reason the Bremerton School District I bring this up because it suddenly Homestead High School in Mequon, WI, has determined this is completely un- becomes a national issue when a school in 2012. The very next year, he joined acceptable. Their perspective is that district creates a new legal standard the Air Force. It was a foregone con- you can only have faith if no one sees for every person of faith in America. clusion that he would serve his country it. They have literally set a new stand- Every person of faith in America has long before that, however. His grand- ard. What they are taking from the the right to live their faith. A school father served in Vietnam. His oldest Borden case, which I will explain in a district does not have the right to say brother, Jeremy, is a proud marine. His moment—they are saying that if you to someone: Your constitutional right other older brother, Lamar, graduated are a school official, no one can see ends here. from West Point just last spring and is that you have faith because if anyone I can go through in great detail the now proudly serving in the Army. sees that you have faith, they will take different standards they leave out His mother told the story about how that as the establishment of religion there, but their accommodation was her three sons—Quinn was only 2 years from the school district. That is a this one simple thing: He could pri- old at the time—saluted at the grave of standard no court in America has set. vately pray in a room of the school dis- their grandfather and vowed to serve That would mean any individual who is trict’s choosing. If he wanted to pray, their country. Jewish couldn’t wear a yarmulke if they would put him in a spot and say: For men such as these, our Nation is they were also a teacher. That would You can pray in there, in a place we eternally grateful. mean anyone who is Muslim couldn’t pick, but you can’t pray out there. Quinn went to rebuild houses in New wear a head scarf because clearly that May I remind Americans that we do Orleans after Hurricane Katrina while is a visual display of faith. That would not have freedom of worship in Amer- he was still in school. Later one of his mean no teacher could bow their head ica; we have the free exercise of reli- comrades, a sergeant who served with and pray before their meal in the gion in America. The government does him in the Air Force, said he was: ‘‘the school lunchroom. That would mean no not have the authority to confine your heart of the squadron’’ and that ‘‘He football coach could kneel down with 5 faith to the location of the govern- was the best of us.’’ seconds to go in the game in, the ment’s choosing. A government entity For 239 years, our service men and fourth quarter, before their 16-year-old like a school district cannot say to an women have guarded our freedom, is about to kick a field goal. They employee: You can only live your faith more than 42 million of them. Since would say: No, you can’t kneel down over there, where we pick. the Revolutionary War, more than 1 and pray on the sidelines. I don’t know what the school district million of those heroes have given The absurdity of this is they set this is going to do in the days ahead, but I their lives, including more than 27,000 brandnew standard that says you can- know what Americans of all faiths and sons and daughters of Wisconsin. Now not have anyone see you have faith. people of no faith should do. They Airman Johnson-Harris has been added That would mean that in this situa- should rise up and say: We are a nation to that terrible toll. His brothers, his tion, this district has created a new that protects the free exercise of reli- sister Fatia, his parents Yvette and legal standard that no one else has ever gion. And people who disagree with LaMar, and all his family and friends agreed to, literally created in the that coach should rise up in the same grieve their loss. Our hearts go out to school district a faith-free zone, put up way with people who agree because I them, and we pray that they will find a sign on the front door that says ‘‘No can assure you—if they will silence a comfort and peace.
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.066 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7641 I saw the grief of Airman Johnson- contentious or environmental regula- We ought not allow that to stand. It is Harris’s family this past weekend dur- tions. not that I expect every rider that I am ing his funeral service at Christian Congress—Republican and Demo- for to receive approval of Congress, but Faith Fellowship Church in Milwaukee. cratic Members—ought to care about those votes ought to be taken. That is I saw the respect they had for him and the power of Congress that is granted our responsibility and majority rules. the honor granted him by a family who to us by the Constitution in our rep- Again, the circumstance we now find knows the meaning of earned honor. resentation of the American people. We ourselves in, this is nothing that we Quinn swore to support and defend the need the days in which the Congress are even going to talk about. It is trou- Constitution of the United States, to and Members of Congress are not wed- blesome to me that those of my col- put his life on the line for the liberties ded to a Republican President or a leagues who have expressed support for we all enjoy. We must never take that Democratic President just because those riders—I guess I should explain type of dedication for granted. We owe they happen to be Republicans or to Kansans and to Americans, a rider is him the honor of taking our own cor- Democrats. We need to make decisions a provision—language in the appropria- responding oath of duty as seriously as based upon what is good for the coun- tions bill that oftentimes says no he took his. try, not whether we are backstopping a money can be spent to implement this May God bless Airman Johnson-Har- President who happens to be a Member idea, to implement this regulation. It is an absolutely important respon- ris’s loved ones, may He guard all of of our political party. Where are the sibility for Congress. It is not unusual. those in our Armed Forces who defend Members of Congress who say congres- It is not something outside the bound- our Nation’s liberty, and may God sional authority is the constitutional aries of what we are supposed to be bless America. grant of power to act on behalf of doing. It is absolutely a significant I yield the floor. Americans? component of our responsibility. Now I suggest the absence of a quorum. We need not only to establish prior- those who claim they are for a rider, The PRESIDING OFFICER. The ities as a Congress when it comes to say the Waters of the United States or clerk will call the roll. the spending process, but we need to the fiduciary rule that the Department The legislative clerk proceeded to make decisions when an agency or a of Labor is promulgating—we have col- call the roll. department exceeds their authority, leagues who say they are for that. Now Mr. MORAN. Mr. President, I ask when they operate in ways that are they will be able to say: I am for it, but unanimous consent that the order for contrary to what we believe is in the I never had a chance to vote on it be- the quorum call be rescinded. best interest of the country, in cir- cause it was off the table. The PRESIDING OFFICER (Mr. SUL- cumstances in which they are doing I would again ask my colleagues on LIVAN). Without objection, it is so or- things that lack common sense. The both sides of the aisle, don’t fall into dered. role of Congress is to direct the spend- this trap in which we are here to sup- Mr. MORAN. Mr. President, I spoke a ing. It is granted to us by the Constitu- port ad hoc, at every instance, the ex- few moments ago on the Senate floor, tion of the United States. We are say- ecutive branch just because they hap- and as I was leaving I was made aware ing that while we are pleased we have pen to be a Member of our political of an article in which the minority a budget agreement, we will not stand party. When there is a Republican leader, Senator REID, was quoted. I for Congress determining whether the President, I hope to abide by those wish to highlight something I want my money can be spent in a certain way, same rules. I am here on behalf of Kan- colleagues to hear and know. whether it can be prohibited from sans and on behalf of Americans, not What the Senator from Nevada indi- being spent in a certain way. We are on behalf of an administration regard- cated was—the article begins: Having taking vexatious riders off the table. less of their political party, and we secured their goal of getting a budget This is our responsibility. It is just ought to demand that Congress do its deal addressing the debt ceiling and se- as important for us to determine work. We had an election, the people of questration cuts, Democrats are now whether money should be spent at all this country asked for something dif- looking forward to the appropriations as it is for us to determine how much ferent, and once again we are back in process. money can be spent on a government the circumstance in which no longer As an appropriator, so am I. I am in- program. It is particularly true, I don’t are we able to move forward on legisla- terested for us to have the opportunity, think there is any question but that tion. if this budget agreement passes, to this administration has been the most I assume by what the former major- make decisions about the priorities of active, many of us would consider act- ity leader is saying that when he says spending within those budget numbers. ing in an unconstitutional way in the it is off the table, he means there will What is so troublesome to me is that development of regulations, of policies, not be 60 votes for us to even consider the indication was that President of the bureaucracy of what the depart- an omnibus bill in which those riders Obama and Democrats stand firm ments and agencies are doing. This is are included. Now, what I will say is against efforts to target environmental an administration that cries out for that before long, we are going to be regulations and other contentious rid- congressional oversight, not for some- hearing about how Republicans are in- ers. one who says it is not even on the table terested in shutting down government I am quoting the Senator from Ne- to be considered. because they want these riders. Well, vada: I would think Republicans and Demo- the reality is that the Senator from We’re holding hands with the president, crats both ought to have an interest in Nevada is indicating there is no discus- we’re all holding hands. We are not going to determining how money is spent as sion, and the blame ought not fall on deal with these vexatious riders. We feel well as whether we should tell an agen- those of us who actually wanted Con- comfortable and confident. . . .’’ cy, a department they can’t spend that gress to work. The allegation of shut- He goes on to talk about the agree- money at all. Many of my Democratic ting down government ought to rest on ment. colleagues have indicated they support those who say: We won’t even discuss This is a Congress that is supposed to a number of riders, including ones that an appropriations bill that includes deal with contentious and vexatious are considered environmental. vexatious or contentious riders. issues. Why does anyone have the op- Waters of the United States is one Who would want to be a Member of a portunity to say it is off the table? It that I have been told numerous times Congress that is unwilling to deal with happened in these budget agreements that my colleagues on the Democratic contentious issues? It is our constitu- in which we were told dealing with side of this Congress support the rider tional responsibility. The American mandatory spending is off the table. that is in the appropriations bill. Nu- people ought to demand the oppor- Yet it is one of the most important merous times I have been told that tunity for us to address issues of im- issues we need to address, and you many Democrats support reining in the portance to them, and it ought not be ought not start negotiations by saying regulations that are coming from the off the table before the conversation we are not even going to talk about an Department of Labor related to a fidu- even begins. issue. In this case, ‘‘off the table, not ciary rule. Now we hear that vexatious Again, the point is that we have a subject to discussion’’ is the issue of environmental riders are off the table. constitutional responsibility that we
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Mr. President, I tries that we compete with are grouped ask unanimous consent to speak for 10 I yield the floor. right up in here, as shown on this MEASURE DISCHARGED AND PLACED ON THE minutes as in morning business. The PRESIDING OFFICER. Without chart—Greece, Great Britain, Japan. CALENDAR—S.J. RES. 20 Most of the EU is right in here. As you The PRESIDING OFFICER. Pursuant objection, it is so ordered. run up the cost curve you get to Swit- to 42 U.S.C. 2159(i) and section 601(b)(4) HEALTH CARE COSTS of Public Law 94–329, S.J. Res. 20 is dis- Mr. WHITEHOUSE. Mr. President, we zerland and the Netherlands. They are charged and placed on the calendar, 45 are embarked on a significant budget the two most expensive countries in days of the review period having agreement that has as one of its com- the world in per-capita health care, not elapsed. ponents adjustments to America’s counting us. Look where we are. We Mr. MORAN. I suggest the absence of health care costs. In the case of this are out here. Our costs are about half a quorum. particular agreement, I support the ad- again as much as the least efficient The PRESIDING OFFICER. The justments that have been proposed— health care providers in the industri- clerk will call the roll. things such as preventing drug manu- alized world. We are more inefficient The legislative clerk proceeded to facturers from raising their costs high- by nearly a factor of a third than the call the roll. er than the rate of inflation. We have least efficient health care providers in Mr. MCCONNELL. Mr. President, I seen people come in and buy companies the industrialized world. That is not a ask unanimous consent that the order and jack up the costs 10 times because prize we want to own. We want to be for the quorum call be rescinded. they can. They haven’t added any able to move this back. The PRESIDING OFFICER. Without value to the products; they have just If you look at this gradient of life ex- objection, it is so ordered. raised the costs. I support that. Paying Mr. MCCONNELL. Mr. President, for pectancy, we compare with Chile and hospitals the rate for physician prac- the information of our colleagues, the the Czech Republic. Where we want to tices that the physician practices were cloture vote on the House-passed budg- be is up here. Where we are is here. So paid before the hospital bought them— et and debt limit package will occur an nothing changed in the physician prac- once again, it proves there is enormous hour after we reconvene, which is at 1 tices; just ownership changed, and that room for improvement in our health a.m. under the regular order. Once clo- shouldn’t allow a windfall to the buyer. care system and we know that because ture is invoked, the Senate will remain I think we have done well with what we other countries are doing it. They can in session and on the message until we have done to reduce health care spend- do it. Darn it, we ought to be able to do vote on passage. it too. Senators will be permitted for up to ing in this particular bill, but I recall an hour to speak postcloture. That is that in the sequester we did an across- Now we change the scope of this a lit- after 1 o’clock, under the rules. It is the-board haircut right across Medi- tle bit. This chart shows the American my hope that the debate time will be care. Whatever you were being paid be- health care system State by State. extremely limited and that we will be fore, you got paid 98 percent of that Each State is marked as one of the able to move to a passage vote almost afterward if you were a Medicare pro- dots on this graph. This graph has the immediately after 1 a.m. The timing, vider. same thing across the bottom—Medi- I want to come today to offer a however, is up to any individual Sen- care spending per beneficiary. The last thought that I hope can percolate a bit, ator who claims debate time after the one was national spending, and this is and if we go back and look at those 1 a.m. vote. Medicare spending per beneficiary. costs again I would like to get this ORDERS FOR FRIDAY, OCTOBER 30, 2015 Here are the quality rankings of the thought into the conversation. The So I ask unanimous consent that States. There are a variety of quality backdrop of this is the extraordinary when the Senate completes its business rankings, and this assembles them into increase of health care costs that we today, or at 11:55 p.m. today, whichever a consolidated quality rating. have seen more or less in my lifetime. comes first, it adjourn until 12:01 a.m. This chart shows 1960, and it is a $27 What you see is that within the on Friday, October 30; that following billion American expenditure on total United States of America you have the the prayer and pledge, the morning health care. Here it is in 2013, with $2.9 States. This goes back a bit. This is an hour be deemed expired, the Journal of trillion, an increase of more than 100 old ranking that the Journal of the proceedings be approved to date, and times over those years in what we American Medical Association pro- the time for the two leaders be re- spend on health care. And as we have duced. It shows that there are some served for their use later in the day; fi- done that, what we have done is we States that were just under $5,000 per nally, that following leader remarks, have become the most expensive per- capita. They were doing something the Senate resume consideration of the capita health care country in the House message to accompany H.R. 1314, right. There are other States here, in- world—and not by a little but by a ton. cluding an outlier, all the way over to with the time until 1:01 a.m. equally di- Over at the far side of the chart is the vided between the two leaders or their $8,000 per capita. But there is a bulk of United Kingdom, then Germany, States here that run about $7,000 per designees. Japan, Switzerland, France, the Neth- The PRESIDING OFFICER. Is there capita. That is a $2,000-per-Medicare- erlands, and here is the United States. objection? recipient difference between this group Without objection, it is so ordered. Again, this is 2013 data. We are way of States and that group of States. above the most expensive competitors ORDER FOR RECESS SUBJECT TO THE CALL OF That is interesting. Why is it that THE CHAIR that we have. So there is something there is this big difference? Mr. MCCONNELL. So if there is no that can be done here with this excess cost, because people aren’t getting bad Here is another interesting factor. further business to come before the Look who is doing better on quality— Senate, I ask unanimous consent that health care in Germany. They are not getting terrible health care in the the States that spend less. The lesson it stand in recess subject to the call of from this is if you are delivering high the Chair, following the remarks of United Kingdom. They are not suf- fering in Japan or Switzerland or quality health care, you can deliver it Senator WHITEHOUSE. less expensively than if you are deliv- The PRESIDING OFFICER. Without France or the Netherlands. These are objection, it is so ordered. competitive systems with ours, but ering low quality health care. At a Mr. MCCONNELL. I suggest the ab- ours costs half again as much. There is $2,000-per-beneficiary increase in costs, sence of a quorum. a big target in savings here. these States are way at the bottom on The PRESIDING OFFICER. The Here is another way of describing it. quality compared to the others. The re- clerk will call the roll. If you look at the cost and you com- lationship between quality of the care The senior assistant legislative clerk pare it to a quality measure, here the people receive and the cost it takes to proceeded to call the roll. quality measure is life expectancy in deliver it to them is reversed. This
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Representatives has passed, and what If you bring that forward, this shows That is my point for the day. I hope the Senate is expected to pass shortly, a recent graph from the Common- that anybody listening who is looking is a bill that adds $85 billion in spend- wealth Fund that shows the same at the proposed cuts in the budget and ing increases—$85 billion to our na- thing, overall quality score relative to who is looking at the need to manage tional debt, $85 billion to your children the U.S. median and costs in total this exploding health care cost curve and my children that they are some- Medicare spending. Here is the average that America has had for the last 50 how expected to pay. I don’t know right here for cost and the average for years—steepening health care cost about your kids, but my girls don’t quality, and here you have these States curve—starts to think about ways to have $85 billion lying around in their down here in the bad box. They are way do not just dumb and bloody cuts, but rooms. out here in costs. They are very expen- smart cuts—smart cuts that give the This bill is put together in a way sive States. They are all above average. States that are costing us much more only Washington could love. The spend- Some of them here are way above aver- money than their peers the inventive ing increases, when do they occur? Sur- age—25 percent above average, 15 per- to actually start behaving like their prise to nobody, $37 billion in 2016, $36 cent above average, 20 percent above peers and bring down the cost for ev- billion in 2017, and $12 billion in 2018. average. Look what their quality meas- eryone. That is what I would consider But we were told, fear not; there are ure is. They stink. They deliver ter- to be a serious win-win. some spending cuts to offset them. And rible quality health care. Over here you I look forward to continuing this dis- wonderfully, miraculously, ostensibly have a bunch of other States that are cussion. We have a couple of years be- there are supposed to be a few spending way above the quality median and at fore we are going to face this again cuts in 2020, then 2021, 2022, 2023, and the same time they are way below the with any luck, but I think this is an 2024. At the very end, 10 years from cost average. So the principle from idea that is worth considering. now—when my daughter Caroline will that first graph back in 2000 still holds Once again, if you give the States be getting ready to graduate high true, according to the Commonwealth enough warning within the 10-year school, she is 7 now—we are told $33 Fund. budget period so we can score it but billion will be cut in 2025. With that background, here is an- with enough warning that they have If you believe that I have a bridge to other way to describe it. These are the got the chance to react—I encourage sell you in Brooklyn and I have some 10 worst States in terms of highest cost anybody to read Atul Gawande’s last beachfront property in Arizona. No- per capita, and these are the best 10 article about Texas. He wrote an arti- body in this Chamber believes that. No- States. I know we have a country with cle about the terrible cost differential body in the House of Representatives 50 States. This is only 20. We leave out between—I think it was El Paso and a believes that. No member of the press the middle 30. These are the worst 10 in town called McAllen, TX—huge. Then believes that. Everyone understands terms of cost, and these are the 10 best they brought in the ObamaCare afford- this is a lie. It is an agreed-to lie by ev- in terms of cost. able care organizations—accountable eryone. We will spend now for a prom- Here is the idea. Why should we be care organization models and down ise that 10 years hence we will magi- reimbursing above average the States came the price in McAllen. cally cut spending that will never ever, that have a per-capita cost above aver- So it can be done. We have seen it ever occur. age, instead of the way we did it on the being done. That is on the face of it, but beyond sequester, by taking a 2-percent cut on With that, I yield the floor. that it is worth thinking about just everybody across the board that no- f how much $85 billion is. It is more than body can do anything about—just a the Senate negotiated with the House cold, wet blanket of funds denial? Why RECESS SUBJECT TO THE CALL OF when HARRY REID was majority leader. not look and say this is the most that THE CHAIR When HARRY REID was majority leader a State would get paid—whatever the The PRESIDING OFFICER. Under the Ryan-Murray budget agreement— cost would be—if it were at the aver- the previous order, the Senate stands which was a flawed agreement and an age. The rest, you just take it back per in recess subject to the call of the agreement I voted against—increased capita across the entire reimbursement Chair. spending by $63 billion over 2 years. for that State. Thereupon, the Senate, at 7:03 p.m., So what does it say that a supposedly This is what would happen with these recessed subject to the call of the Chair Republican majority of the Senate ne- high cost States. The very next meet- and reassembled at 8:32 p.m. when gotiates a bigger spending bill than ing of the State medical society, the called to order by the Presiding Officer HARRY REID and the Democrats? When very next time the State met with the (Mr. SASSE). HARRY REID and the Democrats were in Governor, the very next time the Med- f charge of this body they jacked up icaid program got together, they would spending and our debt $63 billion. When TRADE ACT OF 2015—Continued be hollering, saying: What on Earth? I the Republicans take charge, whoo do a good job. I am going to get my re- The PRESIDING OFFICER. The Sen- baby, we can do it better—some $85 bil- imbursement cut because of that? ator from Texas. lion. No, we have to fix this. It would give Mr. CRUZ. Mr. President, for many Not only that, this deal is not con- them a massive incentive to stop be- months I have been speaking about tent with spending increases. It also having like this and start behaving what I call the Washington cartel. The takes the debt ceiling and essentially like this. If we built in some lead time Washington cartel consists of career hands President Obama a blank credit so they had the chance to actually get politicians in both parties who get in card. It says to the President: You can there, they might actually never have bed with lobbyists and special interests add whatever debt you like for the re- to cut. They might not ever have to in Washington and grow and grow and mainder of your term with no con- face that cut because what they would grow government. I believe the Wash- straint from this body. We are abdi- have done in the time leading up to ington cartel is the source of the vol- cating any and all congressional au- when the cut was scheduled to be im- canic frustration Americans face thority over the debt that is bank- posed is begin to behave like the States across this country, and it is difficult rupting our kids and grandkids. that have lower costs than average. to find a better illustration of the Now the Presiding Officer and I both We know this could be done because Washington cartel than the charade we campaigned telling the citizens of Ne- so many States are already doing it. are engaged in this evening. This deal braska and the citizens of Texas that if Why would we ever again look at an we are here to vote on is both we were elected we would fight with
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Stepping Let me note that for the remaining special exemption for giant corpora- forward to address the fraud in that 15 months we are going to see a binge tions but turns a blind eye, turns a deaf program would be too difficult. Step- from this President that makes the ear to the small businesses being driv- ping forward to put in place work in- preceding 61⁄2 years pale. For 61⁄2 years en out of business over and over and centives to help people with disabil- we have seen an assault on rule of law, over again by ObamaCare? What does it ities find meaningful work, even if it is an assault on our constitutional rights, say? If you are a giant corporation in not everything they are capable of—a a retreat from the world stage, all of America, if you have armies of lobby- great many people with disabilities are which I think will pale compared to ists, then fear not, the Washington car- capable of meaningful work—reforming what is coming in the next 15 months. tel is here for you—a special carve-out, that program to help people work to In the next 15 months abroad, I have no doubt just as soon as you hand over provide for their families makes a dif- your campaign contribution. said before, we are essentially in a ference in people’s lives, but that isn’t For the small business we are facing Hobbesian state of nature, where the a time unique in recorded history, easy. That is hard work. That is actu- enemies of America have made the where more small businesses are going ally what we were elected to do. It is judgment that the Commander in Chief out of business than are being created. far easier just to raid the Social Secu- is not a credible threat, so they are For as long as they have kept records, rity trust fund, far easier to pull $150 limited only by the limits of their own that has never been true until recent billion from our seniors and reallocate strength. It is like ‘‘Lord of the Flies.’’ years under the Obama economy. Why it and do nothing, zero, to fix the un- On the regulatory side, we are seeing does that matter? That matters be- derlying problem. a press on every front to go after eco- cause over two-thirds of all new jobs The deal also sells 58 million barrels nomic freedom—to destroy small busi- come from small businesses. When you of oil from the Strategic Petroleum nesses, to destroy jobs, to destroy our hammer small businesses, you end up Reserve. It is always interesting to see constitutional liberties. When it comes getting the stagnation, the misery, the the Federal Government selling off to spending, I shudder to think what malaise we have right now. When you Federal assets. I have argued for a long President Obama for the next 15 hammer small businesses, you have time that we should be selling off Fed- months will do with a blank credit card young people coming out of school who eral land, far too much of which in this that the Republican majority in the can’t find jobs, who have student loans country is owned by the Federal Gov- House of Representatives and the Re- up to their eyeballs but can’t find a ernment. I am not talking about na- publican majority in the Senate are job. When you hammer small busi- tional parks, which are a treasure that preparing to send him. nesses, you have people like my father, should be preserved; I am talking about American Express has a whole series who in the 1950s was a teenage immi- the vast amounts of land that are held, of credit cards. It has the green card, grant washing dishes, unable to find a utterly nonproductive, by the Federal the introductory card. I remember job. Government. when I was a freshman in college—I What does it say that Congress will So it is a good thing that this bill is was 17 years old. I got an application pass a special exemption for giant cor- selling some assets, but it is inter- for an American Express card. I was porations, but for the single moms, for esting, No. 1, that they estimate that really excited. I got an AmEx when I the teenage immigrants, for the young will yield $5 billion because they esti- was 17. It was a green card. Now, if you African-American teenagers struggling mate it will be selling at $86 a barrel. spend more and you spend more, even- to achieve a better life there is no an- I have to say, representing the State of tually you can upgrade to a gold card, swer to their plight? To some 6 million Texas, if you know how to sell oil then you can upgrade to a platinum Americans who had their health insur- today at $86 a barrel, you are truly a card, and then you can actually up- ance canceled and their doctors can- magician because it is selling at about grade to a black card above that. celed because of ObamaCare, there is half that right now. But when it comes Well, I have to say, a multi-trillion- no answer to their plight. To the mil- to budget trickery, just make up a dollar Presidential card has to be an lions of Americans who have seen their number and put it in there. As I said extraordinary card. I assume it is en- health insurance premiums skyrocket before, on this chart everyone knows it crusted in diamonds and glows in the so they can no longer afford them, is a lie. Nobody believes it is true. It is dark. That is what the Republican ma- there is no answer to their plight. But a game. It is the Washington game. jorities have just given President fear not, the cartel is here for the giant I would note that in selling 58 million Obama—a diamond encrusted, glow-in- corporations. barrels of oil, they are not using that the-dark AmEx card, and it has a spe- Let us be abundantly clear. The car- revenue to pay down our national debt. cial feature. The President gets to tel is not a partisan phenomenon. It is If they are actually selling assets, we spend it now, and they do not even send not just the Democrats—although it is would think it would go to something him the bill. They send the bill to your most assuredly the Democrats—but at home. If you sell an asset and have kids and my kids. It is a pretty nifty there are far too many Republicans as a massive credit card debt, the prudent card. You don’t have to pay for it. You well who are card-carrying cartel mem- thing to do would be to use the revenue get to spend it, and it is somebody bers who, when the K Street lobbyists from that asset to pay down that credit else’s problem. summon action, snap to attention. card debt. Oh, no. It is just more and Not only is this bill spending us deep- Look at what else this deal does. more spending. er and deeper into a hole, it is chock- This deal additionally takes $150 bil- A group called the Conservative Ac- full of gimmicks. These are gimmicks lion the next 3 years from the Social tion Project consists of the CEOs of that everyone writing them knew were Security trust fund and moves it to the over 100 organizations representing all there. For example, it contains a disability insurance fund. I would ad- of the major elements of the conserv- spending gimmick that targets single- vise all Members of this body the next ative movement, the economic, social, employer pension plans while ignoring time you are home and visiting with a and national security conservatives. the oncoming union multi-employer senior, the next time the topic of So- They sent a letter to this body. The pension plan funding tsunami. cial Security comes up, if you vote for letter reads as follows: Beyond that, this bill also addresses this deal tonight, be sure to say: The latest budget deal negotiated by the ObamaCare. But what does it do? It Ma’am, just so you know, I voted to White House and outgoing House Speaker provides a targeted ObamaCare fix for take $150 billion out of your Social Se- John Boehner, the bipartisan Budget Act of big business—those with more than 200 curity. Because that is what they are 2015, proposes increasing spending by $85 bil- employees. By repealing the law’s doing. lion over the next three fiscal years. What
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.075 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7645 the deal doesn’t include are meaningful ac- The entire time Republican leaders where are the promised fights against countability measures that ensure respon- have been promising ‘‘We are going to the Obama agenda, on anything? Name sible spending levels. do something on the budget; we are one concession. The deal would allow Treasury unfettered going to rein in the President,’’ they borrowing power until 2017 in exchange for Let’s go back to the substance of this theoretical budget cuts down the road. The have been in the backroom negotiating deal. One of the things this deal does is included offsets are spending gimmicks, at to fund every single thing President it utterly makes a mockery of the best. According to budget analyses from the Obama did. I am reminded that it Budget Control Act. It abrogates the Congressional Budget Office and The Herit- wasn’t too long ago that we saw El budget caps. It wasn’t too long ago age Foundation, the deal would result in Chapo dug out of his prison cell. One of that Republican leadership was touting spending increase of $85 billion over the next the first things you realized when El the Budget Control Act as one of the three years, while significant spending cuts Chapo was dug out is that tunnel greatest successes of Republican lead- would not take place for another ten years— wasn’t dug overnight; the drug cartels until 2025. Furthermore, we cannot reason- ership. Indeed, when asked ‘‘Well, why ably expect that a future Congress will abide spent many weeks or months digging does it matter to have Republicans in by these measures. Moreover, the busting of that tunnel. Well, our leadership, the control?’’ typically the answer would the caps presently is proof that the gim- leadership of the Washington cartel, be ‘‘Look at the Budget Control Act.’’ micks which promise reform later are hol- has spent many weeks and months Here is another quote from Majority low. breaking El Chapo out on the Amer- Leader MITCH MCCONNELL: This ‘‘bipartisan deal’’ indicates a dan- ican people, digging us deeper into Politicians regularly come to Washington gerous trend that has become commonplace debt. It is contrary to the promises our promising fiscal responsibility, but too often in Washington—rather than hard questions they can’t agree to cut spending when it about spending, the Congress is choosing to leaders have made. counts, and that is why the Budget Control eliminate the possibility of those conversa- In August of 2014, Majority Leader Act is such a big deal. tions or votes for the next two years. Fur- MITCH MCCONNELL was quoted as say- thermore, the deal represents total surrender ing: Mind you, a big deal that right now on important conserve principles, while So in the House and Senate, we own the the Republican Congress is abrogating. capitulating to every demand of the White budget. So what does that mean? That Since Congress passed the BCA with over- House. means that we can pass the spending bill. whelming bipartisan majorities in 2011, It is this sort of irresponsible spending And I assure you that in the spending bill, Washington has actually reduced the level of that has resulted in a national debt of over we will be pushing back against this bu- government spending for 2 years running. 18 trillion dollars. For the first time in near- reaucracy by doing what’s called placing rid- That is the first time this has happened ly six years, Republicans have control of ers in the bill. No money can be spent to do since the Korean war. both Houses of Congress and a real chance to this or to do that. We’re going to go after send responsible budget reforms to the Presi- them on healthcare, on financial services, on Leader MCCONNELL continuing: dent’s desk. A responsible alternative would the Environmental Protection Agency, The BCA savings are such a big deal, in acknowledge the importance of appro- across the board. . . . All across the federal fact, that the President campaigned on it priating funds for government operations government, we’re going to go after them. endlessly in 2012. while simultaneously addressing our statu- Let me ask, have we done any of Yet the lone fiscal accomplishment tory debt limit and staying within the budg- that—any of that at all? Now wait, supposedly of the Republican majority, et caps. Instead, lawmakers have forgone the leadership might come back and say: this deal throws overboard. They didn’t chance at meaningful reforms and instead Well, sure. We have appropriations have much to point to, but they had are digging us deeper into the mire of debt bills. There are riders. But the Demo- this one: We have the budget caps. our nation has already accrued. crats are filibustering. Guess what. We don’t have those ei- In potentially the most egregious portion Everyone understands why the ther. of the deal, the Overseas Contingency Oper- Democrats are filibustering appropria- Then there is the debt ceiling. In ation or ‘‘OCO’’ fund, which is dubious in and tions bills. When Republican leadership 2011, then-Minority Leader MITCH of itself, is typically designated for efforts to begins the negotiation by peremptorily MCCONNELL talked about what the debt support troops on the ground in emergency surrendering, by saying, ‘‘We are going situations, is turned over to a slush-fund for ceiling should be used for. This is a non-defense spending. to fund everything, 100 percent of what quote from an op-ed he wrote: We oppose the Bipartisan Budget Act of you want,’’ what rational Democrat What Republicans want is simple: We want 2015 not only because it fails to curtail would ever agree to allow an appropria- to cut spending now. spending, but it prevents future reform for tions bill to go forward? Does this do this? No. an entire two years. Lawmakers should re- I am reminded of a football game. In ject this deal, and attach earnest, meaning- We want to cap runaway spending in the a football game, if the coach comes out future— ful reform to any hike of the debt limit. at the beginning of the game when the It is signed by former Attorney Gen- coin is being flipped and forfeits, we Does this do this? No— eral Edwin Meese, the Honorable Becky know the results in 100 percent of those and we want to save our entitlements and Norton Dunlop, and dozens of respected games. In 100 percent of those games, our country from bankruptcy by requiring the nation to balance its budget. conservative leaders across this coun- that team will lose. Sadly, that team is try, across the full spectrum of the the American people because it is Re- Again, this does not do this. conservative movement—across fiscal publican leadership that goes out and We want to finally get our economy grow- conservatives, social conservatives, na- forfeits at the coin toss over and over ing again at a pace that will lead to signifi- tional security conservatives, all again. cant job growth. united, the conservative movement. That was in 2014. Well, surely there are some pro- Many of the people who worked very In 2015, Senate Majority Leader growth measures in this. No. hard to elect us to this body, many of MITCH MCCONNELL vowed ‘‘some big That wasn’t an isolated statement. the people who worked very hard to fights over funding the bureaucracy,’’ Earlier in 2011, Leader MCCONNELL ex- give us a Republican majority in the saying that his party would use spend- plained that ‘‘no president—in the near Senate are now all speaking in unison ing bills now being written in the GOP- future, maybe in the distant future—is saying: What in the heck are you controlled Congress to extract policy going to be able to get the debt ceiling doing? Some of them may be using concessions from President Barack increased without a re-ignition of the stronger language than that. Obama. Where are those policy conces- same discussion of how do we cut This bill we are voting on was not sions? Where are those fights? I don’t spending and get America headed in cooked up overnight. This wasn’t a recall seeing any fights. Actually, that the right direction.’’ That was 4 years slap-dash on a Post-it last night. This is not fair. There are fights—fights ago. represents days or weeks or months of against conservatives; fights against Why is it that the Republican leader- negotiations. This represents the cartel efforts to rein in the Obama adminis- ship is giving President Obama tril- in all of its glory because this is the tration; fights against efforts to stop lions in more debt without any—let’s combined work product of JOHN BOEH- the spending; fights against efforts to go back to Leader MCCONNELL’s NER and NANCY PELOSI and MITCH turn around our debt. On that, Repub- words—‘‘re-ignition of the same discus- MCCONNELL and HARRY REID. lican leadership fights ferociously. But sion of how do we cut spending and get
VerDate Sep 11 2014 05:21 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.077 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7646 CONGRESSIONAL RECORD — SENATE October 29, 2015 America headed in the right direc- One of the things I am hoping Senate that it is not reasonable. You cannot tion’’? That was a clear promise made freshmen observe firsthand—I have not win. You can never win a fight on to the American people, and this deal been here much longer than Senate must-pass legislation. makes that promise a mockery. It freshmen, but one of the things you The problem with that is history is makes it an utter mockery. Instead, quickly realize is the only fights that to the contrary. As John Adams fa- Republican leadership is taking the have any chance of actually changing mously said, ‘‘Facts are stubborn lead to remove the debt ceiling from law, the only fights that have any things.’’ Of the last 55 times Congress Barack Obama. He will never have to chance of actually changing policy are has raised the debt ceiling, it has at- worry about it again. must-pass bills. tached meaningful conditions to that Why do these matter? Why do we If you want to do more than a show 28 times. It has historically proven the have these fights? To understand why, vote, if you want to actually fix a prob- most effective leverage Congress has. we have to understand the dynamics of lem, if you want to actually address a When leadership says—and by the Congress today. wrong, you either fight on the must- way, when press outlets echo leader- In Congress today, there are essen- pass votes or you do nothing. Those are ship in saying that it is hopeless, noth- tially three types of spending bills. No. the choices. Leadership knows that ing can be done, do not fight on these 1, there are show votes. Show votes are must-pass votes are typically one of issues, they never seem to address the a particular favorite of leadership. three things: They are continuing reso- reality of history that is directly to Show votes are anything, frankly, that lutions, they are Omnibus appropria- the contrary. Gramm-Rudman, one of men and women who are elected care tions bills, or they are debt ceiling in- the most significant spending re- about. They will tee up a show vote. creases. straints in modern times, came from We have had show votes on Planned If you look historically at how Con- the debt ceiling. If Congress wasn’t Parenthood. We have had show votes gress has reined in a recalcitrant Presi- willing to fight on the debt ceiling, you on the Iran nuclear deal. We have had dent, it has been through continuing would have no Gramm-Rudman. Yet show votes on amnesty. Show votes are resolutions, Omnibus appropriations, leadership might respond: OK. Fine. designed for all the Republicans to vote or debt ceiling increases. If leadership Historically that was true but not with one way, all the Democrats to vote the foreswears using any of them, we will Barack Obama, not with HARRY REID. other, and for us to lose. Show votes not use any must-pass legislation to do This current incarnation of Demo- are a game of political posture. anything. Do you know what that crats—they are too partisan, they are Leadership is happy to give show means? That means Congress in the too extreme, they are too zealous, and votes. Frankly, leadership is irked that United States has become all but irrel- it will never work with them. The only the men and women who elected us are evant. That is what leadership has problem is that is not true either. not satisfied with show votes anymore. done. Indeed, what we are talking about There was a time when politicians in It is all captured in one innocuous right now—the Budget Control Act— Washington could look down at our little statement: no shutdowns. That is came from the debt ceiling. The newly constituents and say: They don’t un- what leadership has promised. We are elected majority in the House of Rep- derstand what is going on. If we give going to have no shutdowns. Listen, to resentatives used the debt ceiling to them a show vote, they will be satisfied most folks that sounds like a very rea- extract the Budget Control Act from with that. sonable proposition. In the private sec- President Obama, which until just re- Well, a funny thing happened on the tor, you generally don’t shut a business cently leadership hailed as their great- way to the floor: The electorate has down. Saying we are not going to shut est fiscal success in modern times. gotten much more sophisticated, much things down seems very common- If the tool that yielded their greatest more educated, and much more in- sensical, but here is the problem. When fiscal success was the debt ceiling, why formed. With the advent of the Inter- you are dealing with zealots and when would leadership say we will never use net, with the advent of social media, you are dealing with ideologues and it again? It is like the San Francisco people can now tell a show vote. A vote you tell them if they do the following, 49ers of great saying that we are never that is designed to lose from day one, I will surrender—if you tell them ‘‘if going to again allow Joe Montana to that is an exercise in political theater, you say the word ‘zucchini,’ I will give throw to Jerry Rice. That worked too in Kabuki theater, is not, in fact, hon- in,’’ we all know what will happen. Im- well—never again. oring the commitments made to the mediately they will begin saying ‘‘zuc- If you discover a tool that works, men and women who elected us. chini, zucchini, zucchini.’’ who in their right mind would say we There is a second type of legislation That is Washington today. Repub- will take off the field forever the tool which is simply a collective spending lican leadership in both Chambers has that has proven most successful in bill that pays off the Washington car- told President Obama we will never reining in the President? I don’t know tel, pays off the lobbyists, and that can ever allow a shutdown because, Lord if anyone in their right mind would, often get bipartisan agreement. If you knows, the last time we had a shut- but that is in fact what congressional are giving money to giant corpora- down, it resulted in us winning nine Republican leadership has done. This tions, it is amazing how many Demo- Senate seats, taking control of the debt ceiling is kicked down the road crats and Republicans can come to- Senate, retiring HARRY REID as major- until the end of the Obama Presidency. gether to say: Hey, these corporations ity leader, winning the largest major- I would note that when Speaker write campaign checks; we are all for ity in the House, and, goodness gra- BOEHNER announced his resignation on that. The pesky taxpayers don’t know cious, we don’t want that to happen that day, I predicted this outcome. On enough to fight against this. We can again. that day, within minutes of Speaker keep them in the dark, so let’s keep Once Republican leadership tells BOEHNER announcing his resignation, I robbing the single moms waiting tables Obama we will never ever allow a shut- stated publicly that what this means is to take her paycheck and give it to the down, then suddenly the President has that he has cut a deal with NANCY giant corporation. That stinks. Do you a little furry rabbit’s foot in his pock- PELOSI to raise the debt ceiling and to want to know why America is mad? et. On any issue, any fight, any topic fund the entirety of Obama’s agenda That is it right there, the legalized that comes up whatsoever, all the for the next 2 years. looting that occurs in this city every President has to do is whisper quietly It was interesting. When I said that, day. in the wind ‘‘shutdown’’ and Repub- there were those in the media who Then there is a third type of vote. lican leadership runs to the hills. It is criticized me: Oh, you don’t know that. That is the must-pass legislation. I a wonderful negotiating tactic. Why is Why are you so cynical? Why would would note that this year in the Senate this happening? Because President you say such a thing? there are a number of Senate freshmen. Obama whispered ‘‘shutdown,’’ and I would say such a thing because I Senate leadership has done what Sen- leadership said, ‘‘We surrender.’’ understand how the Washington cartel ate leadership always does, which is If you are not willing to fight on any operates, how it is not two parties, but wrap their arms around Senate fresh- must-pass legislation, we will not win it is in fact one party—the party of men and bring them into the bosom. anything. Leadership responds, though, Washington. I mentioned that this deal
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.079 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7647 took months to negotiate. We are see- whatever it is. They are so frustrated. OK, let’s use this leverage to fight for ing the fruits of it right here. This is How can it be that we won majorities something, and they don’t want to exactly what I predicted the day JOHN in both Houses and there is nothing, fight for something. BOEHNER resigned. Why? Because that nothing that matters to the people The Democratic scaremongering is then freed the Speaker to pass this that we are willing to fight on? useful because they are working to through the House of Representatives. Do I think the continuing resolution meet the same priorities. If you pass How many Democrats do you think or the debt ceiling could have magi- the Default Prevention Act, then sud- voted for this? I will tell you. It was cally transformed this country? Do I denly some spines might stiffen and every single one of them. One hundred think we could have done fundamental, people might be prepared to fight, and percent of House Democrats who voted, wholesale reforms? Probably not. That that is a nightmare to leadership—that voted for this, and 79 Republicans would have taken truly inspired leader- we would actually fight. So, no, no, no, voted for it—a handful, a small minor- ship. That may be asking too much. If no, we will not attach the Default Pre- ity of Republicans. So how did this we couldn’t have solved every problem, vention Act. pass the House? With all the Demo- is the alternative really that we could How about another one—shutdowns? crats, House leadership, and a handful have solved nothing? Is the alternative Senator PORTMAN has legislation pre- of Republicans. How is it likely to pass really that we had to give Obama ev- venting government shutdowns. There this body? Every Democrat will vote erything and do nothing to fix the is one promise that Republican leader- for it. Republican leadership will vote problems? ship has made that is carved in stone, for it, and they will get some of the Re- Let me suggest seven things this deal and that is that we will never, ever, publicans. That pattern—a lameduck could have included. How about the De- ever, ever allow a shutdown. So if there Speaker of the House cutting a deal fault Prevention Act? It is legislation was anything on Earth to attach to with a lameduck President to add $85 PAT TOOMEY introduced. He also calls this deal, it would be that. Senator billion to our national debt and to give it the Full Faith and Credit Act. Every PORTMAN’s legislation says: In the away any and all leverage for the time we have a debt ceiling fight, the event a continuing resolution isn’t Obama administration—that is what Democrats scaremonger. They say: If passed, in the event that appropria- this deal means. you don’t raise the debt ceiling, Amer- tions expire, funding will continue, but It is worth understanding. This deal ica will default on its debt. it will gradually ratchet down slowly means Republican majorities in Con- Let’s be clear. That is a blatant lie. over time. If we pass that bill, there gress will extract nothing of signifi- They know it is a lie. I will note that will never ever, ever again be a govern- cance from President Obama. This deal when Barack Obama was Senator ment shutdown. means that Republican leadership has Obama, he voted against George W. Gosh, if I listened to the rhetoric of fully surrendered. Bush raising the debt ceiling. He said it leadership, I would think they would It is interesting. They call it clearing was unpatriotic to raise the debt ceil- want to pass that bill. Why isn’t it in the decks. That is a uniquely Wash- ing. That is when the debt was about this? The answer is simple: Because if ington term. You recall back in De- half of what it is now. it were in this, Members of this body cember the trillion-dollar CRomnibus Everyone who votes here later to- would actually expect us to stand up bill. The very first thing we did after night, you should remember that Sen- and fight for something. Instead, lead- winning majority in both Houses was ator Obama said that if you are voting ership wants to be able to tell the also called clearing the decks. Boy, to raise this debt ceiling, what you are freshmen—the new Members of the these decks need a lot of clearing. I doing is unpatriotic. Those are the Senate—that a shutdown is terrible. It have to say, these chairs get rear- words of a young Barack Obama, but is the worst thing in the world. So we ranged like they are on the deck of the there is reason it is a lie. Every can’t fight for anything; so you must Titanic, and no one addresses the fact month’s Federal revenue is about $200 acquiesce in everything that Obama that the ship of the United States is billion. Interest on the debt runs be- wants. If we actually passed legislation headed toward the iceberg. tween $30 billion and $40 billion a prohibiting shutdowns, that scare- With $18 trillion in debt that the month, which means in any given mongering would be taken off the party of Washington, the Washington month there are ample revenues to table. Democrats don’t want that be- cartel, has created—and it is complicit service the debt. No responsible Presi- cause Democrats support shutdowns. and growing—the only people losing dent would ever allow a default on the If we look at the last shutdown over are our kids and their kids and the fu- debt. Indeed, what a responsible Presi- ObamaCare—revisionist history aside, ture of this country and the future of dent should do is stand up at the very because the media loves doing revi- the free world. That is all that is being outset and say: Let me be clear. Under sionist history—Republicans voted lost. But, hey, there are cocktail par- no circumstances will the United over and over and over to fund the gov- ties in Washington this week. Lobby- States ever, ever default on its debt. ernment, and it was HARRY REID and ists are hosting them. They are writing That is what a responsible President Barack Obama who shut down the gov- checks. would do. Sadly, that means that is not ernment. Reporters scoff at that when If we actually stood up to that, that what President Obama has done. In- they hear it without ever acknowl- would be difficult. There is a reason so stead, what he does consistently when edging that HARRY REID very publicly many politicians talk about standing we approach a debt ceiling is to threat- said: Gosh, we think shutdowns help up to Washington. Yet so few actually en to default on the debt if we don’t Democrats politically. Why is it a dif- do it because it is far easier to take the give him a blank credit card. ficult proposition? If the leader of the path of least resistance. It is far easier What does the Default Prevention Democratic Party says that we think a to go along to get along. It is far easier Act do? It says that in the event the shutdown is politically beneficial, why simply to agree, to be agreeable, to get debt ceiling is not raised, we will al- is it difficult to understand that they along. Why can’t you get along with ways, always, always service our debt. are the ones forcing a shutdown? The the politicians who are bankrupting We will never ever, ever, ever default last thing Democrats want is to take your children and my children? Do you on the debt. I recognize that there are shutdowns off the table. know what? I don’t make it a habit to some skilled demagogues in Wash- The dirty little secret—the men- acquiesce to people who are doing enor- ington, but how exactly does the dacity in this body—is that the Repub- mous damage to this country. That is Democratic Party demagogue Repub- lican leadership doesn’t want that ei- what we are seeing. licans for risking a default on the debt ther. They don’t want us standing and What could have been done instead? in order to pass legislation preventing resisting anything because it is not Imagine a hypothetical. Imagine we defaults on the debt? That is some two parties; it is one party. had Republican leadership that wanted slick talking. But you know what. The What else could we have done? How to fight on something, on anything. Republican leadership didn’t want to about growth? Remember MITCH For Pete’s sake, at this point, I think do that, because if we did that, then MCCONNELL’s comments about eco- most voters would say: Give me some- when we face the next debt ceiling, nomic growth? Why doesn’t this bill thing that matters and fight on that, conservatives would expect us to say: have a provision lifting the ban on
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.081 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7648 CONGRESSIONAL RECORD — SENATE October 29, 2015 crude oil exports? That would produce thing you could have done to my fa- We keep winning elections and nothing economic growth across this country. ther. changes. It is a no-brainer economically. Is this We could have fought that fight. But In 2009, we were told that if only you in there? No. Did we try? No. Maybe it did we do that? No. had a Republican majority in the was brought up behind closed doors, What about adding a provision of House of Representatives, then things and the Democrats laughed and said no Internet tax freedom—permanently? would be different. We rose up, and mil- and we surrendered. I don’t know. It The Internet will be tax free in per- lions of us in 2010 won a majority. And doesn’t matter because leadership is petuity. I tried to bring that up numer- very little changed. Then we were told not willing to fight for it. If you are ous times. The Democrats can be ex- the problem was the Senate—HARRY not willing to fight for it, it won’t hap- pected to routinely block it. Why? Be- REID and the Senate. If only we had a pen. cause they want to threaten taxing the Republican majority in the Senate, What else could we have done? We Internet. That is some money. Ain’t then things would be different. In 2014, could have repealed the waters of the nothing politicians in Washington like millions of Americans rose up again, United States rule, one of the most more than a chance to get their grubby and we won another historic tidal wave crushing rules that is hammering farm- little hands on our dollars and our free- victory. We won nine Senate seats and ers and ranchers and poses an immense dom. retired HARRY REID as the majority threat to jobs across this country. By How precisely did we lose this fight if leader. The Presiding Officer and I the way, there is even some bipartisan in the course of this we simply at- have been here 10 months. Is there one opposition to it in this body. But fear tached permanent Internet tax freedom single accomplishment we can point to not, next week we have a show vote on to this fight? Are Republicans really that the Republican majority has given the waters of the United States bill that lousy at political battle that we to the men and women who elected us? scheduled. Leadership is very happy. fear the President would shut down the Mind you, there are things we have ac- We will have a show vote. We will get government, blame us, and we would complished. It just wasn’t anything we to vote, and it will fail. collapse in ignominy because we fought promised the men and women back Every farmer and rancher that is fac- for Internet tax freedom? Holy cow—if home. ing hundreds of thousands of dollars in we are that bad at this, why are we One of the things I discovered as a costs because of this rule should rest doing this? freshman is how often leadership would assured that our show vote will allow I have one other option. How about effectively pat you on the head and us to pretend to be with them. Why not auditing the Federal Reserve? That is say: Now, son, that is what you tell the attach to this a provision rescinding something else that has bipartisan sup- folks back home. We don’t actually do the waters of the United States? Be- port, something else that would ad- it. You don’t expect us to actually do cause that would actually prompt a dress the effects of debasing the cur- those things. fight. rency. One of the effects of debasing A few weeks back, I was meeting How about another option on the the currency is seniors, people who with a number of House Republicans. I spending side? How about putting in a saved their whole lives are seeing their suggested to them to go back to their work requirement for welfare? In the savings devalue. They are people who districts and convene a townhall and mid-1990s, welfare reform was one of are struggling and living paycheck to set up a whiteboard and just ask their the most successful policy reforms in paycheck. Single moms are finding it constituents: What should be the top modern times. It moved millions peo- harder and harder to make ends meet. priorities of Republican majorities in ple off of welfare and into work, out of Those are seven things we could have both Houses of Congress? Make a list. poverty and into the middle class. It added to this. If you make a list of 20 things from lifted their spirits, their hopes, their By the way, I would note that when your constituents—the Presiding Offi- dreams. It provided the dignity of leadership says, ‘‘Gosh, you are being cer is from Nebraska and I am from work. It provided children with homes unrealistic to expect us to fight,’’ I Texas—I guarantee you that of those 20 that were more stable, had more future didn’t say any one of those is a must- things at least 18 of them will be no- and more opportunity. We could have have. I gave a choice of seven. Is it where on the leadership’s priority list. added that to this. Is that here? No. really the case that we could have They are simply not what majorities Why? Because President Obama would fought for nothing? Is that really the are endeavoring to do. fight it. It is contrary to his big gov- case? That is what leadership tells us. The second thing I suggested to the ernment agenda to expect anyone re- No, nothing pro-growth, nothing lim- House Republicans was to go down to K ceiving welfare to work or look for iting spending, nothing addressing any Street and assemble the biggest lobby- work. of the promises we make—that is the ists in Washington. Take out that same By the way, let me say as an aside, position of leadership. whiteboard and ask them: What are that you are not helping anyone when I ask my Republican colleagues to your top priorities? Write a list of 20 you make them dependent on govern- name one thing President Obama is un- things, and 18 of them will be leader- ment. You are not doing them a favor happy with regarding this deal. There ship’s priorities. That is the divide. when you sap them of the dignity and is an old line that if it is a good nego- People ask me: Is it that leadership self-respect of going to work. Arthur tiation, both sides are unhappy, both is unwilling to fight? Is it that they are Brooks has a wonderful new book out. sides will have given something. Name not very good? Do they not know how One of the things that he talks about is one thing that President Obama is un- to fight? Sadly, it is worse than that. the happiness that comes from going to happy with. What did we get in return? They know how to fight. They are ac- work and working hard, the dignity Name one thing. The answers to both tually quite capable of it. They are that comes from looking your kids in questions are exactly the same—noth- willing to fight. It is whom they are the eyes and having a job. ing. fighting for. Washington is working, The Democrats are not helping the The fact is, President Obama has al- but it is just not working for the Amer- people they trap with dependency; they ready told us what he thinks of this ican people. It is working for the giant are hurting them profoundly. I have deal. Just this week he stated: ‘‘I’m corporations, it is working for the lob- said many times that when my dad was pretty happy about the budget deal be- byists, and it is working for the rich a teenage immigrant in the 1950s, cause it reflects our values.’’ Whose and powerful. Six of the 10 wealthiest washing dishes and making 50 cents an values are those? He is right. This counties in America are in and around hour, and he couldn’t speak English, budget deal reflects the Obama values. Washington, DC. That is whom the thank God some well-meaning liberal Who negotiated this budget deal? That Washington cartel works for. That is didn’t come put his arm around him would be Republican leadership. What the basic divide. and say: Let me take care of you. Let does it say that Republican leader- Indeed, as we look back over the last me make you dependent on govern- ship’s budget deal gives President 10 months, one is left with the conclu- ment. Let me give you a check. Let me Obama everything he wants because it sion—and a rather shocking conclu- sap your dignity and self-respect. It reflects Obama’s values? This is why sion—that Majority Leader MCCONNELL would have been the most destructive the American people are so frustrated. has proven to be the most effective
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.082 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7649 Democratic leader in modern times. President Obama was asked by activ- Washington politicians to shake down Now, that is, in the parlance of Wash- ists, could he decree amnesty unilater- the doctors election after election after ington, a surprising statement. ally, and he said: I don’t have the con- election to write checks. So for a time Let’s take a moment to review the stitutional authority to do so. I am not the Washington cartel liked the doc statistics. Between January and Sep- an emperor. Those are Barack Obama’s fix, but it came time to get rid of it, tember 30 of this year, there have been words: I am not an emperor. Just and getting rid of it was a good thing. a total of 269 rollcall votes. In the same months later, magically, that same Here is the problem. When we got rid of time period in the prior Congress under power he said he didn’t have under the it, we didn’t pay for it. We just put it HARRY REID, there were 211 rollcall Constitution—just months before a on a credit card. We didn’t do the hard votes. Let’s look at the differences, and Presidential election—it materialized. work of figuring out how to pay for it, in particular, I want to focus on the Suddenly, the man who said ‘‘I am not we just accepted more debt. Well, but total number of times a majority of an emperor’’ apparently became an em- at least it is not that much more debt. Democrats voted aye, a majority of Re- peror, in his own assessment. Yet what Well, unfortunately, it is. This so- publicans voted no, and the measure did the Republican majority in the called doc fix will spend more than $200 passed. Senate do? It joined with 100 percent of billion and add more than $140 billion Now, if someone is an effective the Democrats to overrule a majority to our deficits over the first 10 years Democratic leader, you would expect of the Republicans in funding President and more than $500 billion to our Na- them to be able pass legislation when a Obama’s lawless amnesty, acting as an tion’s deficits over 20 years—$500 bil- majority of Democrats support it and a emperor. lion. Look, even in the world of Wash- majority of Republicans oppose it. In- The Presiding Officer and I both sat ington, $500 billion is real money, but deed, if you are a partisan Democrat, through a Republican lunch a couple of surely it is unreasonable to expect any- that would be almost the definition of weeks ago where our colleagues were one to figure out how to pay for a doc an effective Democratic leader. Nine- quite puzzled why approval of the Re- fix. teen times in the last 9 months, this publican majority is at such low levels. It is interesting that since 2004 Con- so-called Republican majority has They couldn’t understand why right gress has passed periodic doc fixes, and passed legislation and has had a vote now Republicans in Congress have a 10- since 2004 doc fixes have been fully off- succeed where a majority of Democrats percent lower approval rating than we set 94 percent of the time—and 98 per- supported it and a majority of Repub- had in the middle of the shutdown. cent of the time if we count some of licans opposed it. They were utterly befuddled by this. I the budget gimmicks. If we count the One example we can look to is DHS am going to suggest a very easy rea- gimmicks, it is 98 percent of the time. funding—funding for the Department of son. When our leader acts like an effec- Just this time, $500 billion, no, we are Homeland Security when President tive Democratic leader, the people who not going to offset that. We are just Obama issued his lawless and unconsti- elected us, their heads explode. Surely going to put it on the credit part. After tutional Executive amnesty. all, Obama has a platinum-encrusted, Republicans across the country cam- one might say this is an isolated exam- glow-in-the-dark AmEx. We will put it paigned, promising to stop it. The Pre- ple. Well, let’s look at the next example, on your kids and my kids. siding Officer and I campaigned to- What does that irresponsible prof- gether in his home State of Nebraska. yet another example, the Bennet cli- mate change amendment. This climate ligate spending do? Well, how many I spent 2 months in the year 2014 cam- Democrats voted for it? There is a sur- paigning with Republican Senate can- change amendment said climate change is real, it is manmade, it is a prise, every single one of them: 46 didates all over this country. I think Democrats. The Republicans: 29 Repub- for those 2 months before that election national security threat, and we need licans vote no, 25 vote yes. Now, for a I slept in my own bed about 5 days. to act to stop it. Listen, let me say Democratic leader, what a great vic- Over and over again, Republican Sen- something on global warming. I am the tory. A Democratic leader, with just 46 ate candidates said: If you give us a son of two mathematicians and sci- Democrats, added $500 billion in spend- majority in the Senate, we will stop entists. I believe we should be driven ing without paying for it. Holy cow. I this unconstitutional amnesty. by the scientific evidence. Sadly, the I have to tell my colleagues I shared far left is not interested in science or don’t recall HARRY REID ever being able with Republican leadership, How about evidence, they are interested in poli- to campaign saying: Give me a Demo- we honor that commitment. The re- tics and political power. So when it cratic majority and I will add $500 bil- sponse from leadership was, I didn’t comes to global warming, they do not lion in spending without paying for it. say that. I can tell my colleagues Sen- want to confront the inconvenient This is an accomplishment the prior ate candidates across this country did truth, as Al Gore might put it, that the Democratic leader, HARRY REID, was because I was standing next to them satellite data demonstrates there has not able to achieve. Yet the current when they said it. been no significant warming whatso- majority leader got this win for the What happened? When we voted, all ever for 18 years. They get very angry Democrats. 45 Democrats voted aye; 100 percent of when we point that out. Let’s look at the next example: Con- them. That is impressive for a leader to We had an amendment on that. How firmation of the Attorney General, Lo- get 100 percent unanimity among his many Democrats voted for it? Oh, look, retta Lynch. I serve on the Judiciary party. Notice I said ‘‘his party.’’ There again, 46, 100 percent, every single Committee. I participated in multiple is a reason I said that. Right now, Democrat. How many Republicans hearings where Ms. Lynch over and sadly, the majority leader MITCH voted against it? Forty-seven and just over again refused to acknowledge any MCCONNELL is the most effective seven Republicans voted for it. Yet it limits on President Obama’s authority Democratic leader we have seen in passed. whatsoever. When Ms. Lynch was modern times. One hundred percent of That is an impressive victory for a asked how she would differ from Eric the Democrats were united. How about Democratic leader. We just have 46 Holder, who has been the most lawless Republicans? Well, 31 voted no and 23 Democrats. For a Democratic leader to and partisan Attorney General this Na- voted yes. So under this majority lead- get a win with just 46 Democrats, that tion has ever seen, she said: No way er, the Democrats had their way and a is impressive. That is what the current whatsoever. When pressed repeatedly if majority of Republicans lost. majority leader did. He produced a win, she could articulate even a single limit Surely that is an outlier. Yes, the ran over the wishes of 47 Republicans. on the authority of this President, who President was behaving lawlessly. Yes, Let’s use another example: a motion has since implicitly declared himself he was behaving unconstitutionally. to waive the budget rules on H.R. 2. an emperor, she refused to articulate Yes, indeed, he was behaving, in his This was the so-called doc fix. The doc even a single limit. When asked if she own terms, like an emperor. Let me fix has been a perennial challenge in would appoint an independent pros- note calling a President an emperor, Congress. It is part of Medicare that ecutor to investigate the IRS for that is fairly overheated rhetoric, but assumed unreasonable cuts in doctor wrongfully targeting citizens because it is not my rhetoric, it is President reimbursement rates. For a time, it of their free speech, because of their Obama’s. served a purpose. It actually allowed political views—mind you, something
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.083 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7650 CONGRESSIONAL RECORD — SENATE October 29, 2015 that when Richard Nixon tried to do it, the Constitution as a check and bal- same reason—because the cartel de- the career professionals at the IRS re- ance. How do we get an imperial Presi- mands it, because the giant corpora- fused. Richard Nixon was rightly de- dency? We get an imperial Presidency tions want it, and because they want nounced in bipartisan terms for at- when the other branches of the govern- checks. tempting to use the IRS to target his ment lie down and hand over their au- What does that say? What does that political enemies. When the Obama ad- thority. Nothing prevented the major- say, indeed. Well, if you want to know ministration not only attempted but ity leader from doing so, other than what it says, we can look to the pre- succeeded in doing so, no one has been that violates the norms of the Wash- vious Democratic leader, HARRY REID, held to account. Instead, the Holder ington cartel, and so instead it was the who tweeted out: Justice Department, appointed and majority leader who brought this up I commend Senate majority leader for set- charged with the investigation a major for a vote. And what happened? Sadly, ting up a vote to reauthorize the Export-Im- Democratic donor who has given over there is no drama or suspense anymore port Bank. This bill is critically important $6,000 to President Obama and the in looking to what happened. With the for U.S. businesses. Democrats. There is a Yiddish word for Democrats, all 46 Democrats voted to Set aside how rich it is for the Demo- that, ‘‘chutzpah.’’ When you appoint a confirm Loretta Lynch—all 46—and 34 crats to be claiming to be fighting for major Obama donor to be in charge of Republicans voted no. Yet she is con- U.S. businesses. Any time they say the investigation as to whether the firmed, and the lawlessness continues that, what they mean is cronies, be- Obama administration is targeting the at the Department of Justice. cause when Washington, particularly political opponents of the President, I have to say for a Democratic leader, under the Obama administration, miraculous, miraculous, the results we it is not clear to me HARRY REID could fights for U.S. businesses, it is giant just saw: a whitewash, everyone was have gotten this done. HARRY REID, in corporations and not the little guys. exonerated. charge of this floor, with just 46 Demo- Over and over and over again it is Mistakes were made, we were told. It crats, it is not clear to me at all he those who employ armies of lobbyists was rather classic. They used the same could have gotten this done, but I have and lawyers and accountants who get passive tense, passive voice as in the to say, Leader MCCONNELL has proven favors from Washington, because when Watergate scandal: Mistakes were to be a very effective Democratic lead- Washington is handing out favors, it made. Yes, mistakes were made. Well, er. With just 46 Democrats, the out- empowers politicians. Ayn Rand wrote Ms. Lynch told us, no, she would not come is exactly what HARRY REID and in ‘‘Atlas Shrugged’’ about how produc- appoint a special prosecutor. the Democrats would want. tive members of society, business own- Now, a number of Members of this Is this not a curious state of affairs? ers, would be forced to go to parasitical body, a number of Republicans voted to Why is a Republican majority leader politicians—although some suggest confirm Eric Holder. That may or may fighting to accomplish the priorities of that is a redundant phrase—to go to not have been a mistake. I was not the Democratic minority? parasitical politicians on bended knee here at that time. I did not have the We will look at one other example, begging for special dispensation. When opportunity to examine his record the Export-Import Bank. Now, Presi- you are standing for business, it means prior to his being appointed Attorney dent Obama, when he was Senator giant corporations that pay little to no General. I can understand those who Obama, described this as a classic ex- taxes because they have tax loopholes voted yes. Prior to becoming Attorney ample of corporate welfare. Over $100 carved in. It never means the mom and General, Eric Holder had built a rep- billion in taxpayer-funded loan guaran- pop, it never means the little guy, it utation, by and large, as a law-and- tees going to a handful of giant cor- never means the Sabina Lovings of the order prosecutor, and so we can under- porations, predominantly. Yet as we world. stand Senators who would believe that talked about before, if there is one Who is Sabina Loving? Sabina Loving his tenure as U.S. attorney, his tenure thing the Washington cartel is good at, is a woman who testified before the as Deputy Attorney General might sug- it is corporate welfare. The Export-Im- Senate in a hearing I chaired a couple gest he would not be partisan in laws. port Bank, how many Democrats? Here of weeks ago. Sabina Loving is an Afri- With Ms. Lynch it was qualitatively is a shot: Only 42 Democrats, not 100 can-American woman, a single mom different. With Ms. Lynch she told us percent. We had one, I believe it was who started a small tax preparation she would do the very same thing. BERNIE SANDERS. I will commend Sen- company on the South Side of Chicago. I suspect that quite a few people on ator SANDERS for standing up against The Obama IRS put in place new rules this side of the aisle have given speech- this corporate welfare. On that, he and regulating tax preparation authority, es about the IRS target. No one should I are on exactly the same page. Yet 42 rules for which they had no legal au- be surprised the Department of Justice Democrats, just 22 Republicans in favor thority. In fact, they used a statute has now exonerated everyone, because, of this corporate welfare; 28 Repub- called the Dead Horse Act as their jus- you know what, we confirmed the At- licans voted no. Yet what happens? It tification for regulating tax returns. torney General who basically told us passes. Now, it is not at all clear that The Obama IRS regulation exempted she would do that. I would note, by the HARRY REID, as Democratic leader with lawyers, it exempted high-priced ac- way, the majority leader had complete just 42 Democrats—it is not at all clear countants, it exempted the rich and and unilateral authority. If we hadn’t he could have gotten this done, but powerful, the giant accounting firms, taken up this nomination, she would Leader MCCONNELL, once again, is a but Ms. Loving, who started this busi- not have been confirmed. Indeed, when very effective Democratic leader. ness on the South Side of Chicago, was President Obama put in place his ille- And I would note one of Speaker facing thousands of costs—costs she gal Executive amnesty, I publicly BOEHNER’s parting farewells was to tee felt that would drive her out of busi- called on the soon-to-be majority lead- up the Export-Import Bank in the ness. Ms. Loving sued the IRS and Ms. er. If the President violates the checks House of Representatives. It expired Loving won. If you want a historic and and balances of the Constitution, if the this summer. We talked before about incredible story of a single mom stand- President usurps the authority of Con- how the Budget Control Act was one of ing up against Big Government and the gress, if the President ignores our im- the few victories Republican majorities lawless regulations of the Obama IRS— migration laws, then the majority could point to. Actually, the expiration well, you know what. Sabina Loving leader should have responded and said of the Ex-Im Bank is another one. An has no lobbyists in Washington. The the Senate will not confirm any Obama example of over $100 billion of taxpayer Washington cartel doesn’t listen to the nominees, executive or judicial, other loan guarantees to a handful of giant Sabina Lovings. It listens to the rich than vital national security positions, corporations, and it expired. and powerful corporations that write unless and until the President rescinds What does it say that in the period of checks to both parties because it is one his illegal amnesty. 2 weeks Republican majorities in both party, the party of Washington. That is Now, that would have been strong Houses are working to undo not one the sad reality of where we are. medicine, to be sure. That is a serious but both of the only two meaningful You want to know why the American pushback. It happens to be an author- victories the Republican majorities people are frustrated. You want to ity directly given to the Congress by have produced? And, mind you, for the know why they are ticked off. You
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.086 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7651 want to know why they cannot under- plete harmony in Washington. That leadership plays this game: ‘‘You can’t stand. It is not that we keep losing frustration is what is driving the grow- let the perfect be the enemy of the elections. That would be frustrating, ing and growing rage of the American good.’’ Where is the good? but you could understand. We have to people every day. Leadership’s position is we can’t do do a better job. We have to motivate The truth is Republican leadership anything. Leadership’s position is that people. We have to convince people. We does not spend time thinking, How do with Republican majorities in both have to get a message that resonates. we beat President Obama? How do we Houses, we should spend more—$85 bil- We keep winning and the people we beat HARRY REID? How do we beat lion—than we did with a Democratic elect don’t do what they said they NANCY PELOSI? How do we change any majority, $63 billion. Leadership will would do. of these disastrous policies that are harumph us about expectations. You By the way, to leave the Ex-Im Bank hurting millions of Americans? In- shouldn’t set unreasonable expecta- unauthorized all Congress had to do stead, leadership spends all their time tions. Gosh, it seems to me it was lead- was do nothing. If there is one thing thinking, How do we beat the conserv- ership who said if we had a Republican the U.S. Congress is good at doing, it is atives in the House? How do we crush majority in the Senate then we would doing nothing. this freedom caucus—these crazy radi- fight. Yet the phrase that gets repeated so cals who actually believe we do what On what are we willing to fight? We often—Washington is broken—is actu- we said we would do. What a shocking, may have some more show votes. By ally not true. Washington is working. revolutionary, radical statement for the way, we just had a show vote on It is just not working for the American Washington, DC, that elected officials sanctuary cities and Kate’s Law. Why people. It is working for the cartel, it actually do what we told our constitu- wasn’t Kate’s Law attached to this is working for the lobbyists, the giant ents we would do. bill? Why wasn’t sanctuary cities at- corporations, and those with power and Republican leadership with recent tached to this bill? Because that was influence in the Obama administration. deals on Planned Parenthood—Repub- something we actually campaigned on This deal is a classic example of the lican leadership led the fight to fund and we promised our constituents and Washington cartel. Planned Parenthood. Indeed, their the Democrats wouldn’t like that. I would note, by the way, today we press team went to the press and said: Remember my question: What in this have a new Speaker of the House, PAUL Isn’t it great, we boxed out conserv- is Barack Obama unhappy about? RYAN. I congratulate PAUL RYAN on his atives. We played the procedural game Nothing. Because leadership’s position speakership. I hope we see bold, prin- so there was nothing conservatives is we can do nothing. If we can do noth- cipled leadership from the new Speak- could do to stop $500 million in tax- ing then it makes one wonder what was er. One of the things Speaker RYAN ar- payer funding for Planned Parenthood. all the fuss about winning the major- ticulated was the Ryan rule, that under What does it say when I said Majority ity? I don’t believe we can win every Speaker RYAN they would not bring to Leader MCCONNELL is the most effec- fight. I don’t believe we can magically the floor of the House any bill that tive Democratic leader we have seen in transform everything—at least not didn’t have majority support among modern times? You know what. HARRY without winning the Presidency—but the Republican conference. REID didn’t spend that much time I ask the Presiding Officer: Why surely the alternative is not we can do thinking about how to beat Repub- nothing. Is there not a reasonable mid- doesn’t Majority Leader MITCH MCCON- licans. Leader MCCONNELL spends more dle ground that we can accomplish NELL articulate a similar rule for the time focused on how to defeat conserv- U.S. Senate? If the Ryan rule is good something? atives than HARRY REID ever did. That I would note the last time we had Re- enough for the U.S. House, why is the is the problem. It is our own leadership publican majorities in Congress and a Ryan rule not good enough for the U.S. that cooks up deals. Democratic President was Newt Ging- Senate? Why do you think we are voting at 1 rich as Speaker of the House and Bill In every one of the examples I just o’clock in the morning? Is that an acci- Clinton as President. We accomplished gave were a majority of Democrats—in dent? It is by design, 1 o’clock in the a great deal. We accomplished welfare fact typically unanimous Democrats— morning. Pay no attention to the man reform. We balanced the budget. What beat a majority of Republicans. Every behind the curtain. Pay no attention to have these Republican majorities done? one of those would never have come to another $85 billion in debt. Pay no at- Made the problem worse. the floor if the Senate followed the tention to the fact that it is the Repub- As a result, with apologies to the late Ryan rule. How about that for a mean- lican majority giving a blank credit great journalist Michael Kelly, I want ingful reform; that if the majority card to Barack Obama. Votes at 1 in to sum up my views as simply saying I leader disputes the characterization the morning, Republican leadership believe. that he is the most effective Demo- hopes no one notices, so right after we I believe. I believe what Republican cratic leader modern times has seen, vote on it we can run out, get on leadership tells us. I believe that every how about the majority leader promul- planes, and fly home to our constitu- time the mainstream media echoes, gate a similar rule to the Ryan rule, ents, and say: We have to stop the debt. leadership listens. Of course it is right that we will not bring to the Senate I shudder to think for anyone stand- that we cannot set expectations too floor something that does not have ma- ing too close to a politician who says high. We cannot promise too much. We jority support from Republicans. That we have to stop the debt after voting cannot be expected to deliver on any of would be a sensible reform. Sadly, I for this, the lightning strike that may our promises. think the odds of it happening are not hit them—the mendacity of this city. I believed Republican leadership significant. Leadership always counsels prudence when they said if only we had a Repub- Here is the reality that the American and reasonableness. How is it prudent lican majority in the House, then we people understand and it frustrates to continue bankrupting this Nation? would stand and fight. After winning them. The cartel is all one happy How is it prudent to have gone from $10 the House in 2010, I believed the leader- home. The lameduck Speaker on his trillion to over $18 trillion in debt? ship, that if only we had a Republican way out will no doubt land in a plush How is it prudent to stay with lan- majority in the Senate also, then we easy chair in the Washington cartel, guishing economic growth. From 2008 would stand and fight. will soon be making millions of dollars to today, the economy has grown on Today I believe Republican leader- living off the cartel. The lameduck average 1.2 percent a year. That is pru- ship that if only we had 60 votes in the President when he moves on, like Bill dent? How is it prudent to watch as Senate, then we would stand and fight. Clinton before him, will make hun- your children and my children’s future And if we were to get 60 votes, I will dreds of millions of dollars. The cartel is washed away? How is that reason- believe Republican leadership when operates as one. In the Senate we have able? How is that pragmatic? they tell us, that if only we had 67 one leadership team. It is the McCon- Why are we not instead trying to fix votes in the Senate, then we will fi- nell-Reid leadership team, and in the these problems and not even just fix nally stand up and fight. House we have had the Boehner-Pelosi them all, not even solve everything I believe that there is no way Con- leadership team. They operate in com- with a perfect magical bow—because gress could do anything whatsoever to
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These requests are not re- might secure our borders. public lie that matters but, rather, it is motely controversial; yet the Repub- I believe that Republican majorities the junior Senator who has violated de- licans continue to obstruct for obstruc- in both Houses of Congress can do corum by pointing it out, out loud. tion’s sake. nothing meaningful on spending or the I believe that the only thing we can Since the Republicans took over in debt or tax reform or regulatory re- expect Republican majorities to do is January, their leadership has allowed form, that we can do nothing to rein in expand government, reauthorize cor- only nine judges to be confirmed. A few the EPA or CFPB, no matter how many porate welfare, and grow the debt. That district court judges have been con- millions of jobs they kill. is called governing—always said one firmed in the last few weeks, but this I believe that Congress must acqui- octave lower in Washington. Governing recent increase in activity is in sharp esce to the Obama administration’s de- is measured by how many bills you contrast to their inaction all year. claring the Internet to be a regulated pass, and one cannot govern without When Senate Democrats were in the public utility and the administration’s agreeing with Democrats across the majority during the last 2 years of the attempt to give away control of the board. If we pass a lot of bills, even if Bush Presidency, we had already con- Internet to an international cartel of they do nothing to address the debt or firmed 34 judges by this point—nearly stakeholders, including Russia and bring back jobs or economic growth four times more judges than Repub- China. and even if they actually expand Wash- licans have confirmed this year. I believe that Congress can do noth- ington power and make the problem Republicans have tried to justify ing—absolutely nothing—to stop this worse, then I believe we should cele- their poor record by accusing Senate catastrophic Iranian nuclear deal. Yes, brate. Democrats of scheduling votes for 11 it will send over $100 billion to the I believe that Democrats can never judges during the lameduck session Ayatollah Khamenei, who chants be forced to compromise on anything, last December. They suggest that those ‘‘Death to America’’ in front of mobs that it is always unreasonable to ever 11 confirmations under last year’s burning American and Israeli flags, and try to win a political battle with them, Democratic majority should somehow even though it threatens the security and so it must always be the Repub- be counted towards this year’s con- of Israel and potentially the lives of licans who agree to the Democrat’s Big firmation numbers. First, it is well-es- millions of Americans. Government priorities. I believe the tablished Senate precedent to approve I believe that Congress has the con- only way Republicans can win is to all pending consensus nominees before stitutional power of the purse, but I be- continue making these same mistakes the end of a year. And second, even if lieve Congress can still do nothing over and over and over again. we did ignore reality and count these whatsoever to protect the American Of course, I do sometimes wonder 11 judges towards the Republicans ma- citizens. why it matters if we have Republican jority’s record, that would only bring I believe that Congress can do noth- majorities in Congress. After all, lead- their count up to 20 confirmations this ing to protect religious liberty or free ership has told me that they cannot ac- year. That is still far behind the 34 speech, that Congress must quietly ac- complish anything different from the nominees that Democrats confirmed in cept an IRS that targets citizens for Democrats, that it is an unreasonable the last 2 years of the Bush administra- exercising their constitutional rights demand to expect them to fight Obama tion. and a President who ignores Federal on anything. Since it is only the crazy The glacial pace in which Repub- law and Federal judges who disregard ‘‘kamikaze caucus’’ who thinks we can licans are currently confirming the text of the Constitution. fight Obama on any issue, anything uncontroversial judicial nominees is a I believed Republican leadership whatsoever, I believe that leadership is failure to carry out the Senate’s con- when they promised the American peo- right to fight on nothing, to pass the stitutional duty of providing advice ple that if only we had congressional very same bills filled with pork and and consent. We should be responding majorities, we would fight ObamaCare corporate welfare, the Export-Import to the needs of our Federal judiciary so and amnesty and lawlessness. And Bank, ObamaCare funding, and am- that, when hard-working Americans today, I believe Republican leadership nesty, and confirm the very same At- seek justice, they do not encounter the when they say: Of course we cannot torney General the Democrats would lengthy delays that they currently face and will not do any of that. It was un- have confirmed. today. Because of Republican obstruc- reasonable for anyone to have believed I do wonder sometimes, as Hillary tion, judicial vacancies have increased those promises in the first place. Clinton would have put it, what dif- by more than 50 percent since they I believe that anytime President ference does it make? But then I put took over the majority this January Obama threatens a shutdown, Repub- aside such foolish thoughts. Instead, I and caseloads are piling up in courts lican leadership is exactly right to sur- believe. throughout the country. render and fund all of Obama’s Big We can and should take action right f Government priorities, to fund now to alleviate this problem by hold- ObamaCare and amnesty and Planned MORNING BUSINESS ing confirmation votes on the 16 judi- Parenthood and the Iranian nuclear Mr. CRUZ. Mr. President, I ask unan- cial nominees pending on the floor. A deal. Otherwise, Obama might shut imous consent that the Senate proceed number of these pending nominees down the government and it would be to a period of morning business, with have the support of their Republican our fault. So we must do whatever he Senators permitted to speak for up to Senators; yet they continue to lan- demands no matter what. 10 minutes each. guish on the calendar without a vote. I believe that it is unreasonable—rad- The PRESIDING OFFICER (Mr. If Republican obstruction continues ical even—to expect Congress to do any ROUNDS). Without objection, it is so or- and if home State Senators cannot per- of the things we promised the voters on dered. suade the majority leader to schedule a the campaign trail. f vote for their nominees soon, then it is I believe that when a Republican unlikely that even highly qualified Speaker joins with NANCY PELOSI and JUDICIAL NOMINATIONS nominees with Republican support will the Democrats to fund all of Obama’s Mr. LEAHY. Mr. President, Repub- be confirmed by the end of the year. priorities, that it is the Republican licans continue to object to requests These are nominees that members of Freedom Caucus who are the crazy for unanimous consent on basic things the majority leader’s own party want ones saying we should stand for some- we should be able to do in a bipartisan confirmed, including several from Ten- thing. manner here in the Senate. In addition nessee and Pennsylvania. Last week,
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.088 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7653 we had a hearing for two Iowa nomi- to ethics consultation, to publications Umatilla County also played home to nees. I expect they will be reported out on standards and changing trends in another facility vital to the war effort: of the Judiciary Committee soon. We the profession, NASW continues to the Umatilla Army Depot, located near also have nominees from Massachu- make a difference in the social work Hermiston, OR. The Umatilla Army setts, Florida, Georgia, Pennsylvania, profession as it reaches its 60 year Depot was a repository for munitions Rhode Island, Hawaii, and Maryland mark. and supplies in hundreds of who are waiting for their confirmation Social workers do so much, and they semisubterranean silos. The depot cre- hearings. None of these nominees are deserve someone in their corner who ated an economic boom for likely to be confirmed by the end of the works as hard for them as they work Hermiston—then a town of 800—which year if Senate Republicans continue at for others. That is why I was proud to ended up harboring 7,000 new workers. this historically slow pace. reintroduce the Social Work Reinvest- The Umatilla County Depot became I hope Republican Senators will im- ment Act this year, which would create the largest munitions facility in the plore their leadership to vote on the a National Coordination Center for world and stayed active in Hermiston pending judicial nominees without supporting and sharing the good work until 2001. delay for the sake of the American peo- and research that social workers are Umatilla County lost 86 people dur- ple who seek justice before those doing around the country. The bill also ing World War II, but their spirit and courts. includes grant funding for education, stories live on through their families f training, and research; and it is going and in their communities. One of these to help address the social worker short- men, SGT Modie L. Hubbard, even has 60TH ANNIVERSARY OF NATIONAL age with better recruitment, retention, a great nephew who now works in my ASSOCIATION OF SOCIAL WORK- and compensation. Just this month, I office. Sergeant Hubbard was killed in ERS was also glad to be an original cospon- action, and his is just one of many sto- Ms. MIKULSKI. Mr. President, I wish sor of the Improving Access to Mental ries of those fearless men and women to recognize and commend the Na- Health Act of 2015, which would help who died preserving the freedom of fu- tional Association of Social Workers, seniors gain access to vital mental ture generations. NASW, which is celebrating its 60th an- health services provided by social There is sometimes a temptation to niversary this year. Today NASW is workers through the Medicare Pro- focus on the massive scale of events the largest membership organization of gram. like World War II, on the number of professional social workers in the Social workers constantly seek solu- tanks built or brigades in the field. As world, with 130,000 members, including tions that reduce economic inequality, we reflect on these and other aspects of 3,500 in my home State of Maryland. As racism, hunger, and all forms of dis- America’s war effort, I would encour- a social worker myself, I am proud to crimination. They also ensure access to age people to remember the commu- be a dues-paying, card-carrying mem- health care and mental health care for nities across this country—commu- ber of NASW, and I congratulate them our Nation’s most vulnerable popu- nities like Umatilla County—that built on 60 wonderful years. lations. For the past 60 years, NASW those tanks or provided those soldiers. In 1955, seven organizations had the members have cleared paths to bright- It must be our responsibility to honor vision to come together to form NASW er days in America. And I am excited these communities and their sacrifices in an effort to unify and strengthen the for what social workers and NASW will to this great country, and it is my hope social work profession. The visionary do in the next 60 years. Thank you. that their stories will continue to live leaders of those organizations under- f on and inspire future generations of stood that we can achieve more when Americans to service. we work together. REMEMBERING WWII VETERANS f And they have achieved so much. In IN UMATILLA COUNTY, OREGON the six decades since NASW’s founding, Mr. WYDEN. Mr. President, I wish to ADDITIONAL STATEMENTS members have been on the front lines, commemorate the honorable veterans advocating and organizing for just and civilians of Umatilla County, OR, causes such as fighting for child wel- who worked tirelessly and fought val- TRIBUTE TO ALEX COLLIE fare and juvenile justice, working to iantly for their community and coun- ∑ Mr. DAINES. Mr. President, I wish to end poverty, and protecting victims of try during the Second World War. recognize the incredible service of Alex domestic violence. NASW was directly These brave men and women served in Collie from Mackenzie, MT. Mr. Collie involved in passing the Civil Rights a variety of capacities on all fronts, is the recipient of the National Weath- Act, the Voting Rights Act, and the Vi- working to support the war effort at er Service’s General Albert J. Myer olence Against Women Act and sup- home, defending our coastlines from award for completing 65 years of serv- ported the creation of Medicaid and attack, and risking their lives in battle ice as a cooperative weather observer. Medicare. I have seen the importance overseas. As the country continues to The cooperative weather observers of this work firsthand, as I began my mark the 70th anniversary of World consists of 11,000 nationwide volunteers own career as a social worker in Balti- War II this year, I am proud to raise who record official weather observa- more, helping at-risk children and edu- my voice to pay tribute to the men and tions across the country. Mr. Collie cating seniors about the Medicare pro- women of Umatilla County for their joins an elite group of cooperative gram. part in the Allied victory. weather observers and is currently the NASW has been there time and again, Umatilla County played a unique and longest serving observer in Montana’s to help social workers do what they do important role in helping our country history. Nationally, only 16 others best—care for people at every stage and achieve victory in World War II. In have served in Mr. Collie’s capacity or every age. Social workers reach every 1941, the U.S. Army Corps of Engineers 65 years or longer. His services are crit- part of our communities, from hos- created an airport in Pendleton, OR, ical to Montana—from supporting our pitals and mental health clinics to cor- which became home to the U.S. Army farmers and ranchers by providing ac- porations and schools. Working every Air Forces 17th Bombardment Group. curate forecasts and helping our truck day and in every way for others, social Following the attack on Pearl Harbor, drivers complete their routes safely workers truly put service above them- the 17th Bombardment Group was and on schedule. selves. They meet people where they called upon to defend the west coast This prestigious award was estab- are—in their communities, in their from Japanese submarines. The group’s lished in honor of General Myer, who homes, in their everyday lives. aircraft and many of its members par- was an observer at Eagle Pass, TX, and I am so glad that NASW has been ticipated in the daring Doolittle Raid became the chief of the Signal Service. such a wonderful champion and part- on Tokyo—the first U.S. bombing of In 1870, by a joint resolution of Con- ner, fighting to make sure social work- the Japanese homeland. All 80 of gress and signed by President Ulysses ers have what they need to make a dif- Jimmy Doolittle’s raiders trained in S. Grant, General Myer was appointed ference for countless people nation- Pendleton, and 5 of them were Orego- to establish and direct the Division of wide. From professional development, nians. Telegrams and Reports for the Benefit
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.027 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7654 CONGRESSIONAL RECORD — SENATE October 29, 2015 of Commerce, now known as the Na- ful for their leadership and for the cess to criminal history information with re- tional Weather Service. Mr. Collie is great things they are doing for busi- spect to certain financial service providers truly following in tremendous foot- nesses in southern Nevada. required to undergo State criminal back- steps. For the past 40 years, Las Vegas’ ground checks, and for other purposes; to the Committee on Banking, Housing, and Urban Mr. Collie has provided a valuable Latin Chamber of Commerce has prov- Affairs. service not only to his neighbors, but en its unwavering dedication to the the entire State of Montana. Thank great State of Nevada. The hard work f you, Mr. Collie, and I look forward to of those that have served this chamber MEASURES DISCHARGED seeing your work continue in the years has greatly contributed to the excel- The following joint resolution was ∑ to come. lent growth that we see in the city of discharged pursuant to 42 U.S.C. 2159(i) f Las Vegas today. I ask my colleagues and section 601(b)(4) of Public Law 94– to join me in honoring the Latin Cham- RECOGNIZING THE LAS VEGAS 329, and placed on the calendar: ber of Commerce on its 40th anniver- LATIN CHAMBER OF COM- S.J. Res. 20. Joint resolution relating to sary and thanking it for all it does to MERCE’S 40TH ANNIVERSARY the approval of the proposed Agreement for make Nevada’s business community ∑ Cooperation Between the United States of Mr. HELLER. Mr. President, today I the best it can be.∑ America and the Government of the Republic wish to recognize the 40th anniversary f of Korea Concerning Peaceful Uses of Nu- of an important organization to south- clear Energy. ern Nevada, Las Vegas’ Latin Chamber MESSAGES FROM THE HOUSE f of Commerce. I am proud to honor this ENROLLED BILL SIGNED chamber that contributes so much in MEASURES PLACED ON THE At 10:03 a.m., a message from the CALENDAR support of Las Vegas’ Hispanic busi- House of Representatives, delivered by ness community. As the premier Latin Mr. Novotny, one of its reading clerks, The following bill was read the sec- Chamber serving our Great State, it is announced that the Speaker has signed ond time, and placed on the calendar: a key contributor to the success of Ne- the following enrolled bill: H.R. 597. An act to reauthorize the Export- vada. I am pleased to see the Latin Import Bank of the United States, and for H.R. 3819. An act to provide an extension of other purposes. Chamber of Commerce reach this sig- Federal-aid highway, highway safety, motor nificant milestone, continuing to serve carrier safety, transit, and other programs f as an important ally to Las Vegas’ His- funded out of the Highway Trust Fund, and REPORTS OF COMMITTEES panic community. for other purposes. Without a doubt, the many Hispanic The enrolled bill was subsequently The following reports of committees businesses, both small and large, lo- signed by the President pro tempore were submitted: cated throughout the southern Nevada (Mr. HATCH). By Mr. INHOFE, from the Committee on valley have greatly contributed to our Environment and Public Works, without State’s achievements. With the help of At 12:36 p.m., a message from the amendment: the Latin Chamber of Commerce, Las House of Representatives, delivered by S. 1324. A bill to require the Administrator Vegas’ Hispanic business community of the Environmental Protection Agency to Mr. Novotny, one of its reading clerks, fulfill certain requirements before regulating has continued to grow and thrive, con- announced that the House has passed standards of performance for new, modified, tributing to our State’s economy. Even the following bills, in which it requests and reconstructed fossil fuel-fired electric in difficult economic times, the Latin the concurrence of the Senate: utility generating units, and for other pur- Chamber of Commerce was there to H.R. 455. An act to require the Secretary of poses (Rept. No. 114–159). support local Hispanic businesses and Homeland Security to conduct a northern S. 1500. A bill to clarify Congressional in- keep hard-working southern Nevada border threat analysis, and for other pur- tent regarding the regulation of the use of businessowners on their feet. The poses. pesticides in or near navigable waters, and chamber has helped to cultivate a H.R. 2643. An act to direct the Attorney for other purposes (Rept. No. 114–160). General to provide State officials with ac- By Mr. INHOFE, from the Committee on flourishing Hispanic business commu- Environment and Public Works: nity through innovation, creativity, cess to criminal history information with re- spect to certain financial service providers Report to accompany S. 1523, a bill to and ingenuity. The strong foundation required to undergo State criminal back- amend the Federal Water Pollution Control it has built will be felt for years to ground checks, and for other purposes. Act to reauthorize the National Estuary Pro- come. gram, and for other purposes (Rept. No. 114– The message also announced that the Aside from helping local businesses 161). House has agreed to H. Res. 504, resolv- expand, the Latin Chamber of Com- ing that the Senate be informed that f merce also brings southern Nevada’s PAUL D. RYAN, a Representative from EXECUTIVE REPORTS OF Hispanic entrepreneurs unique oppor- the State of Wisconsin, has been elect- COMMITTEE tunities. The chamber provides numer- ed Speaker of the House of Representa- ous networking events, including The following executive reports of tives of the One Hundred Fourteenth luncheons, leadership programs, and nominations were submitted: Congress. seminars. It also prioritizes Nevada’s By Mr. GRASSLEY for the Committee on The message further announced that Hispanic youth by providing an aca- the Judiciary. the House has agreed to the amend- demic scholarship program for stu- Brian R. Martinotti, of New Jersey, to be ment of the Senate to the bill (H.R. dents, which offers opportunities for United States District Judge for the District 623) to amend the Homeland Security of New Jersey. those wishing to pursue higher edu- Act of 2002 to authorize the Depart- Robert F. Rossiter, Jr., of Nebraska, to be cation. Alongside this program, the ment of Homeland Security to estab- United States District Judge for the District Latin Chamber of Commerce sponsors lish a social media working group, and of Nebraska. the Latino Youth Leadership Con- Edward L. Stanton III, of Tennessee, to be for other purposes. ference that brings together students United States District Judge for the Western from high schools across Nevada to f District of Tennessee. provide them tools for a prosperous fu- MEASURES REFERRED (Nominations without an asterisk ture. were reported with the recommenda- The following bills were read the first I have attended multiple Latin tion that they be confirmed.) and the second times by unanimous Chamber of Commerce events where I consent, and referred as indicated: f have spoken with the men and women who participate in this chamber, and I H.R. 455. An act to require the Secretary of INTRODUCTION OF BILLS AND can attest to the incredible role they Homeland Security to conduct a northern JOINT RESOLUTIONS border threat analysis, and for other pur- play within our community. Sixteen poses; to the Committee on Homeland Secu- The following bills and joint resolu- members serve on the Board of Direc- rity and Governmental Affairs. tions were introduced, read the first tors, bringing structure and direction H.R. 2643. An act to direct the Attorney and second times by unanimous con- to this significant entity. I am thank- General to provide State officials with ac- sent, and referred as indicated:
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G29OC6.084 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7655 By Mr. BLUNT (for himself and Mr. KIRK) was added as a cosponsor of S. sonably delayed claims, and for other KING): 313, a bill to amend title XVIII of the purposes. S. 2217. A bill to amend the Federal Food, Social Security Act to add physical Drug, and Cosmetic Act to improve and clar- S. 1559 ify certain disclosure requirements for res- therapists to the list of providers al- At the request of Ms. AYOTTE, the taurants and similar retail food establish- lowed to utilize locum tenens arrange- name of the Senator from Louisiana ments, and to amend the authority to bring ments under Medicare. (Mr. VITTER) was added as a cosponsor proceedings under section 403A; to the Com- S. 405 of S. 1559, a bill to protect victims of mittee on Health, Education, Labor, and At the request of Ms. MURKOWSKI, the domestic violence, sexual assault, Pensions. names of the Senator from Tennessee stalking, and dating violence from By Mr. THUNE (for himself, Mr. MUR- PHY, Mr. ISAKSON, and Mr. DON- (Mr. ALEXANDER) and the Senator from emotional and psychological trauma NELLY): New Mexico (Mr. UDALL) were added as caused by acts of violence or threats of S. 2218. A bill to amend the Internal Rev- cosponsors of S. 405, a bill to protect violence against their pets. enue Code of 1986 to treat certain amounts and enhance opportunities for rec- S. 1659 paid for physical activity, fitness, and exer- reational hunting, fishing, and shoot- At the request of Mr. LEAHY, the cise as amounts paid for medical care; to the ing, and for other purposes. Committee on Finance. name of the Senator from New Mexico By Mrs. SHAHEEN (for herself and Mr. S. 540 (Mr. UDALL) was added as a cosponsor GARDNER): At the request of Ms. COLLINS, the of S. 1659, a bill to amend the Voting S. 2219. A bill to require the Secretary of name of the Senator from Rhode Island Rights Act of 1965 to revise the criteria Commerce to conduct an assessment and (Mr. REED) was added as a cosponsor of for determining which States and polit- analysis of the outdoor recreation economy S. 540, a bill to amend the Richard B. ical subdivisions are subject to section of the United States, and for other purposes; 4 of the Act, and for other purposes. to the Committee on Commerce, Science, Russell National School Lunch Act to and Transportation. require the Secretary of Agriculture to S. 1731 By Mr. BROWN (for himself, Mrs. MUR- make loan guarantees and grants to fi- At the request of Mr. HELLER, his RAY, Ms. MIKULSKI, Mr. MARKEY, Mr. nance certain improvements to school name was added as a cosponsor of S. TESTER, Mr. HEINRICH, Ms. BALDWIN, lunch facilities, to train school food 1731, a bill to amend title 38, United Mr. WHITEHOUSE, Mr. CASEY, Mr. service personnel, and for other pur- States Code, to waive the minimum pe- SCHUMER, Mr. KAINE, Mr. COONS, Mr. poses. riod of continuous active duty in the LEAHY, Mrs. GILLIBRAND, Mrs. FEIN- S. 681 STEIN, Mr. BLUMENTHAL, Mr. BOOKER, Armed Forces for receipt of certain Mr. PETERS, Mr. CARDIN, Mr. BENNET, At the request of Mrs. GILLIBRAND, benefits for homeless veterans, to au- Mr. MERKLEY, Mrs. BOXER, and Mr. the name of the Senator from Min- thorize the Secretary of Veterans Af- MURPHY): nesota (Mr. FRANKEN) was added as a fairs to furnish such benefits to home- S. 2220. A bill to amend title XXVII of the cosponsor of S. 681, a bill to amend less veterans with discharges or re- Public Health Service Act to provide for a title 38, United States Code, to clarify leases from service in the Armed special enrollment period for pregnant Forces with other than dishonorable women, and for other purposes; to the Com- presumptions relating to the exposure mittee on Finance. of certain veterans who served in the conditions, and for other purposes. By Mr. ROBERTS (for himself, Mr. vicinity of the Republic of Vietnam, S. 1830 ALEXANDER, Mr. ISAKSON, Mr. ENZI, and for other purposes. At the request of Mr. BARRASSO, the Mr. CORNYN, Mr. RISCH, Mr. HATCH, S. 746 names of the Senator from Maine (Ms. Mrs. FISCHER, Mr. FLAKE, Mr. At the request of Mr. WHITEHOUSE, COLLINS) and the Senator from Maine MCCAIN, Mr. VITTER, Mr. COATS, and (Mr. KING) were added as cosponsors of Mr. MORAN): the names of the Senator from Wash- S. 2221. A bill to preserve the companion- ington (Ms. CANTWELL) and the Senator S. 1830, a bill to amend title XVIII of ship services exemption for minimum wage from Hawaii (Mr. SCHATZ) were added the Social Security Act to provide for and overtime pay, and the live-in domestic as cosponsors of S. 746, a bill to provide the coverage of marriage and family services exemption for overtime pay, under for the establishment of a Commission therapist services and mental health the Fair Labor Standards Act of 1938; to the to Accelerate the End of Breast Cancer. counselor services under part B of the Committee on Health, Education, Labor, and Medicare program, and for other pur- Pensions. S. 1132 By Mr. FRANKEN (for himself and At the request of Mr. MERKLEY, the poses. Mrs. SHAHEEN): name of the Senator from Wisconsin S. 1865 S. 2222. A bill to amend the Workforce In- (Ms. BALDWIN) was added as a cospon- At the request of Ms. KLOBUCHAR, the novation and Opportunity Act to support sor of S. 1132, a bill to amend title name of the Senator from Connecticut community college and industry partner- (Mr. MURPHY) was added as a cosponsor ships, and for other purposes; to the Com- XVIII of the Social Security Act to mittee on Health, Education, Labor, and provide for patient protection by estab- of S. 1865, a bill to amend the Public Pensions. lishing safe nurse staffing levels at cer- Health Service Act with respect to eat- By Mr. THUNE: tain Medicare providers, and for other ing disorders, and for other purposes. S. 2223. A bill to transfer administrative purposes. S. 1915 jurisdiction over certain Bureau of Land S. 1249 At the request of Ms. AYOTTE, the Management land from the Secretary of the Interior to the Secretary of Veterans Affairs At the request of Mr. MENENDEZ, the name of the Senator from South Da- for inclusion in the Black Hills National name of the Senator from Wisconsin kota (Mr. ROUNDS) was added as a co- Cemetery, and for other purposes; to the (Ms. BALDWIN) was added as a cospon- sponsor of S. 1915, a bill to direct the Committee on Energy and Natural Re- sor of S. 1249, a bill to amend the Fair Secretary of Homeland Security to sources. Credit Reporting Act to provide protec- make anthrax vaccines and By Mr. CASEY (for himself, Ms. BALD- tions for active duty military con- antimicrobials available to emergency WIN, and Mr. BROWN): response providers, and for other pur- S. 2224. A bill to establish in the Adminis- sumers, and for other purposes. tration for Children and Families of the De- S. 1286 poses. partment of Health and Human Services the At the request of Mrs. SHAHEEN, the S. 1947 Federal Interagency Working Group on Re- name of the Senator from Rhode Island At the request of Mr. MERKLEY, the ducing Child Poverty to develop a national (Mr. REED) was added as a cosponsor of name of the Senator from Oregon (Mr. strategy to eliminate child poverty in the S. 1286, a bill to amend title 38, United WYDEN) was added as a cosponsor of S. United States, and for other purposes; to the 1947, a bill to exclude the discharge of Committee on Health, Education, Labor, and States Code, to reduce the backlog of Pensions. appeals of decisions of the Secretary of certain Federal student loans from the calculation of gross income. f Veterans Affairs by facilitating pro bono legal assistance for veterans be- S. 2042 ADDITIONAL COSPONSORS fore the United States Court of Vet- At the request of Mrs. MURRAY, the S. 313 erans Appeals and the Board of Vet- name of the Senator from Oregon (Mr. At the request of Mr. GRASSLEY, the erans’ Appeals, to provide the Sec- WYDEN) was added as a cosponsor of S. name of the Senator from Illinois (Mr. retary with authority to address unrea- 2042, a bill to amend the National
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(1) AGE CRITERIA.—Notwithstanding appen- tections for employees wishing to advo- Res. 275, a resolution calling on Con- dix 2 to subpart P of part 404 of title 20, Code cate for improved wages, hours, or gress, schools, and State and local edu- of Federal Regulations, with respect to dis- cational agencies to recognize the sig- ability determinations or reviews made on or other terms or conditions of employ- after the date that is 1 year after the date of ment and to provide for stronger rem- nificant educational implications of the enactment of this Act, age shall not be edies for interference with these rights, dyslexia that must be addressed and considered as a vocational factor for any in- and for other purposes. designating October 2015 as ‘‘National dividual who has not attained the age that is S. 2066 Dyslexia Awareness Month’’. 12 years less than the retirement age for At the request of Mr. SASSE, the S. RES. 299 such individual (as defined in section 216(l)(1) name of the Senator from Arkansas At the request of Mrs. FEINSTEIN, the of the Social Security Act (42 U.S.C. 416(l)). (2) WORK WHICH EXISTS IN THE NATIONAL (Mr. BOOZMAN) was added as a cospon- name of the Senator from Massachu- ECONOMY.—With respect to disability deter- setts (Ms. WARREN) was added as a co- sor of S. 2066, a bill to amend title 18, minations or reviews made on or after the United States Code, to prohibit a sponsor of S. Res. 299, a resolution hon- date of the enactment of this Act, in deter- health care practitioner from failing to oring the life, legacy, and example of mining whether an individual is able to en- exercise the proper degree of care in former Israeli Prime Minister Yitzhak gage in any work which exists in the na- the case of a child who survives an Rabin on the twentieth anniversary of tional economy (as defined in section abortion or attempted abortion. his death. 223(d)(2)(A) of the Social Security Act (42 f U.S.C. 423(d)(2)(A)), the Commissioner of So- S. 2148 cial Security shall consider the share and At the request of Mr. WYDEN, the AMENDMENTS SUBMITTED AND ages of individuals currently participating in name of the Senator from Michigan PROPOSED the labor force and the number and types of jobs available in the current economy. (Mr. PETERS) was added as a cosponsor SA 2755. Mr. LANKFORD submitted an (b) UPDATING THE MEDICAL-VOCATIONAL of S. 2148, a bill to amend title XVIII of amendment intended to be proposed by him GUIDELINES AND DATA ON WORK WHICH EXISTS the Social Security Act to prevent an to the bill H.R. 1314, to amend the Internal IN NATIONAL ECONOMY.— increase in the Medicare part B pre- Revenue Code of 1986 to provide for a right to (1) IN GENERAL.—Subject to paragraph (2), mium and deductible in 2016. an administrative appeal relating to adverse not later than 2 years after the date of the determinations of tax-exempt status of cer- S. 2168 enactment of this Act, and every 10 years tain organizations; which was ordered to lie thereafter, the Commissioner of Social Secu- At the request of Mr. CARDIN, the on the table. name of the Senator from Maryland SA 2756. Mr. HELLER submitted an amend- rity shall prescribe rules and regulations (Ms. MIKULSKI) was added as a cospon- ment intended to be proposed by him to the that update the medical-vocational guide- sor of S. 2168, a bill to encourage great- bill H.R. 1314, supra; which was ordered to lie lines, as set forth in appendix 2 to subpart P on the table. of part 404 of title 20, Code of Federal Regu- er community accountability of law lations, used in disability determinations. enforcement agencies, and for other SA 2757. Mr. PORTMAN submitted an amendment intended to be proposed by him (2) JOBS IN THE NATIONAL ECONOMY.—Not purposes. to the bill H.R. 1314, supra; which was or- later than 2 years after the date of the enact- S. 2184 dered to lie on the table. ment of this Act, and every year thereafter, At the request of Mr. COONS, his SA 2758. Mr. PORTMAN submitted an the Commissioner of Social Security shall name was added as a cosponsor of S. amendment intended to be proposed by him update the data used by the Commissioner to determine the jobs which exist in the na- 2184, a bill to direct the President to to the bill H.R. 1314, supra; which was or- dered to lie on the table. tional economy to ensure that such data re- establish guidelines for United States SA 2759. Mr. GARDNER (for himself and flects the full range of work which exists in foreign development and economic as- Mr. LEE) submitted an amendment intended the national economy, including newly-cre- sistance programs, and for other pur- to be proposed by him to the bill H.R. 1314, ated jobs in emerging industries. poses. supra; which was ordered to lie on the table. SEC. 802. MANDATORY COLLECTION OF NEGO- ELLER S. 2203 SA 2760. Mrs. MURRAY (for Mr. H ) TIATED CIVIL MONETARY PEN- proposed an amendment to the bill S. 1731, to ALTIES. At the request of Mr. MENENDEZ, the amend title 38, United States Code, to waive Section 1129(i)(2) of the Social Security name of the Senator from Connecticut the minimum period of continuous active Act (42 U.S.C. 1320a–8(i)(2)) is amended by in- (Mr. MURPHY) was added as a cosponsor duty in the Armed Forces for receipt of cer- serting ‘‘and shall delegate authority for col- of S. 2203, a bill to amend the Internal tain benefits for homeless veterans, to au- lecting civil money penalties and assess- Revenue Code of 1986 to make residents thorize the Secretary of Veterans Affairs to ments negotiated under this section to the of Puerto Rico eligible for the earned furnish such benefits to homeless veterans Inspector General’’ before the period. income tax credit and to provide equi- with discharges or releases from service in SEC. 803. REQUIRED ELECTRONIC FILING OF the Armed Forces with other than dishonor- WAGE WITHHOLDING RETURNS. table treatment for residents of Puerto able conditions, and for other purposes. (a) IN GENERAL.—Paragraph (2) of section Rico with respect to the refundable SA 2761. Mr. LEE submitted an amendment 6011(e) of the Internal Revenue Code of 1986 is portion of the child tax credit. intended to be proposed by him to the bill amended— S. 2206 H.R. 1314, to amend the Internal Revenue (1) by redesignating subparagraphs (A) and At the request of Mr. SULLIVAN, the Code of 1986 to provide for a right to an ad- (B) as subparagraphs (B) and (C), respec- name of the Senator from Mississippi ministrative appeal relating to adverse de- tively, terminations of tax-exempt status of certain (2) by inserting before subparagraph (B), as (Mr. WICKER) was added as a cosponsor organizations; which was ordered to lie on so redesignated, the following new subpara- of S. 2206, a bill to reduce the incidence the table. graph: of sexual harassment and assault at f ‘‘(A) shall— the National Oceanic and Atmospheric ‘‘(i) require any person that is required to Administration, to reauthorize the Na- TEXT OF AMENDMENTS file a return containing information de- tional Oceanic and Atmospheric Ad- SA 2755. Mr. LANKFORD submitted scribed in section 6051(a) to file such return ministration Commissioned Officer an amendment intended to be proposed on magnetic media, and ‘‘(ii) provide for waiver of the requirements Corps Act of 2002, and to reauthorize by him to the bill H.R. 1314, to amend of clause (i) in the case of demonstrated the Hydrographic Services Improve- the Internal Revenue Code of 1986 to hardship for— ment Act of 1998, and for other pur- provide for a right to an administrative ‘‘(I) for any period before January 1, 2020, a poses. appeal relating to adverse determina- person having 25 or fewer employees, and S. 2213 tions of tax-exempt status of certain ‘‘(II) for any period after December 31, 2019, a person having 5 or fewer employees,’’, and At the request of Mr. BLUMENTHAL, organizations; which was ordered to lie on the table; as follows: (3) by inserting ‘‘except as provided in sub- the name of the Senator from New Jer- paragraph (A),’’ before ‘‘shall not require’’ in Strike title VIII and insert the following: sey (Mr. BOOKER) was added as a co- subparagraph (B), as so redesignated. sponsor of S. 2213, a bill to prohibit TITLE VIII—SOCIAL SECURITY (b) CONFORMING AMENDMENT.—Paragraph firearms dealers from selling a firearm Subtitle A—Protecting the Disability (4) of section 6011(e) of the Internal Revenue prior to the completion of a back- Insurance Trust Fund Code of 1986 is amended by striking ‘‘para- ground check. SEC. 801. UPDATE AND ADJUSTMENT OF THE SO- graph (2)(A)’’ and inserting ‘‘paragraph CIAL SECURITY DISABILITY INSUR- (2)(B)’’. S. RES. 275 ANCE MEDICAL-VOCATIONAL GUIDE- (c) EFFECTIVE DATE.—The amendments At the request of Mr. CASSIDY, the LINES. made by this section shall apply to returns name of the Senator from Georgia (Mr. (a) IN GENERAL.— filed after December 31, 2016.
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.011 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7657 SEC. 804. DISQUALIFICATION ON RECEIPT OF the wages (as so defined) paid after Decem- to submit it before the deadline, but in no DISABILITY INSURANCE BENEFITS ber 31, 2015, and before January 1, 2019, and case shall medical evidence be received if it IN A MONTH FOR WHICH UNEM- so reported, and (T) 1.80 per centum of the is— PLOYMENT COMPENSATION IS RE- wages (as so defined) paid after December 31, ‘‘(I) based on information obtained during CEIVED. 2018, and so reported,’’. the period that begins after a determination (a) IN GENERAL.—Section 223(d)(4) of the (b) SELF-EMPLOYMENT INCOME.—Section is made by an administrative law judge; or Social Security Act (42 U.S.C. 423(d)(4)) is 201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is ‘‘(II) submitted more than 1 year after a amended by adding at the end the following: determination is made by an administrative ‘‘(C)(i) If for any week in whole or in part amended by striking ‘‘and (R) 1.80 per cen- law judge. within a month an individual is paid or de- tum of the amount of self-employment in- ‘‘(ii) At the request of an individual apply- termined to be eligible for unemployment come (as so defined) so reported for any tax- ing for benefits under this title or such indi- compensation, such individual shall be able year beginning after December 31, 1999’’ vidual’s representative, and for the purpose deemed to have engaged in substantial gain- and inserting ‘‘(R) 1.80 per centum of the of completing the record, an administrative ful activity for such month. amount of self-employment income (as so de- law judge may postpone a hearing to deter- ‘‘(ii) For purposes of clause (i), the term fined) so reported for any taxable year begin- mine if the individual is under a disability ‘unemployment compensation’ means— ning after December 31, 1999, and before Jan- (as so defined) to a date that is no more than ‘‘(I) ‘regular compensation’, ‘extended uary 1, 2016, (S) 2.37 per centum of the 30 days after the date for which the hearing compensation’, and ‘additional compensa- amount of self-employment income (as so de- fined) so reported for any taxable year begin- was originally scheduled if— tion’ (as such terms are defined by section ‘‘(I) the request is made no less than 7 days 205 of the Federal-State Extended Unemploy- ning after December 31, 2015, and before Jan- uary 1, 2019, and (T) 1.80 per centum of the prior to the date for which the hearing was ment Compensation Act (26 U.S.C. 3304 originally scheduled; and note)); and amount of self-employment income (as so de- fined) so reported for any taxable year begin- ‘‘(II) the party making the request shows ‘‘(II) trade adjustment assistance under good cause for why the hearing should be title II of the Trade Act of 1974 (19 U.S.C. 2251 ning after December 31, 2018’’. (c) EFFECTIVE DATE.—The amendments postponed.’’. et seq.).’’. (b) EXCLUSION OF MEDICAL EVIDENCE THAT (b) TRIAL WORK PERIOD.—Section 222(c) of made by this section shall apply with respect to wages paid after December 31, 2015, and IS NOT SUBMITTED IN ITS ENTIRETY OR FUR- the Social Security Act (42 U.S.C. 422(c)) is NISHED BY A LICENSED PRACTITIONER.—Sec- amended by adding at the end the following: self-employment income for taxable years beginning after such date. tion 223(d)(5) of the Social Security Act (42 ‘‘(6)(A) For purposes of this subsection, an U.S.C. 423(d)(5)) is amended— individual shall be deemed to have rendered Subtitle B—Program Integrity (1) in subparagraph (B), by striking ‘‘In’’ services in a month if the individual is enti- SEC. 811. PROVIDING FOR AN EXPEDITED ADJU- and inserting ‘‘Subject to subparagraphs (C) tled to unemployment compensation for such DICATION PROCESS. and (D), in’’; and month. (a) IN GENERAL.—Section 205(b) of the So- (2) by adding at the end the following new ‘‘(B) For purposes of subparagraph (A), the cial Security Act (42 U.S.C. 405(b)) is amend- subparagraphs: term ‘unemployment compensation’ means— ed— ‘‘(C)(i) An individual and, if applicable, ‘‘(i) ‘regular compensation’, ‘extended com- (1) in paragraph (2), by striking ‘‘In any’’ such individual’s representative shall sub- pensation’, and ‘additional compensation’ (as and inserting ‘‘Subject to paragraph (4), in mit, in its entirety and without redaction, such terms are defined by section 205 of the any’’; and all relevant medical evidence known to the Federal-State Extended Unemployment (2) by adding at the end the following: individual or the representative to the Com- Compensation Act (26 U.S.C. 3304 note)); and ‘‘(4) Any review of an initial adverse deter- missioner of Social Security. ‘‘(ii) trade adjustment assistance under mination with respect to an application for ‘‘(ii) In the case of a hearing before an ad- title II of the Trade Act of 1974 (19 U.S.C. 2251 disability insurance benefits under section ministrative law judge to determine if an in- et seq.).’’. 223 or for monthly benefits under section 202 dividual is under a disability (as defined in (c) DATA MATCHING.—The Commissioner of by reason of being under a disability shall paragraph (1)), the Commissioner of Social Social Security shall implement the amend- only be made before an administrative law Security shall not consider any piece of med- ments made by this section using appro- judge in a hearing under paragraph (1).’’. ical evidence furnished by an individual or priate electronic data. (b) REVIEW BY FEDERAL COURTS.—It is the such individual’s representative unless such (d) EFFECTIVE DATE.—The amendments sense of Congress that, in reviewing dis- individual and, if applicable, such individ- made by this section shall apply with respect ability determinations, the Federal courts ual’s representative, certifies at the hearing to individuals who initially apply for dis- shall make their rulings based solely on the that all relevant medical evidence has been ability insurance benefits on or after Janu- determination made by the administrative submitted in its entirety and without redac- ary 1, 2016. law judge of the Social Security Administra- tion. SEC. 805. STUDY AND REPORT ON CONSULTATIVE tion and rely solely on the evidence that was ‘‘(iii) For purposes of this subparagraph, EXAMINATION FEES. considered by such judge during the initial the term ‘relevant medical evidence’ means Not later than 2 years after the date of the hearing. any medical evidence relating to the individ- enactment of this Act, the Inspector General (c) EFFECTIVE DATE.—The amendment ual’s claimed physical or mental impair- of the Social Security Administration shall made by subsection (a) shall apply to initial ments that the Commissioner of Social Secu- submit a report to the Committees on Fi- adverse determinations on applications for rity should consider to determine whether nance and Homeland Security and Govern- disability insurance benefits under title II of the individual is under a disability, regard- ment Affairs of the Senate and the Commit- the Social Security Act made after the date less of whether such evidence is favorable or tees on Ways and Means and Oversight and of the enactment of this Act. unfavorable to the individual’s case, but Government Reform of the House of Rep- SEC. 812. DEADLINE FOR SUBMISSION OF MED- shall not include any oral or written commu- resentatives on fees paid by Disability Deter- ICAL EVIDENCE; EXCLUSION OF nication or other document exchanged be- mination Services agencies to medical pro- CERTAIN MEDICAL EVIDENCE. tween the individual and such individual’s viders for consultative examinations, includ- (a) CLOSING OF RECORD FOR SUBMISSION OF attorney representative that are subject to ing— MEDICAL EVIDENCE.—Section 205(b)(1) of the attorney-client privilege or work product (1) the average rate paid by the Disability Social Security Act (42 U.S.C. 405(b)(1)) is doctrine, unless the individual voluntarily Determination Services agencies in each amended— discloses such communication to the Com- State for such examinations; (1) by striking ‘‘The Commissioner of So- missioner. Neither the attorney-client privi- (2) a comparison between the rates de- cial Security is directed’’ and inserting— lege nor the work product doctrine shall pre- scribed in paragraph (1) and the highest rates ‘‘(A) The Commissioner of Social Security vent from disclosure medical evidence, med- paid by Federal agencies and other agencies is directed’’; and ical source opinions, or any other factual in each State for similar services; and (2) by adding at the end the following new matter that the Commissioner may consider (3) the number of cases in which a Dis- subparagraph: in determining whether or not the individual ability Determination Services agency or- ‘‘(B)(i) Notwithstanding the last sentence is entitled to benefits. dered a consultative examination which re- of subparagraph (A), in the case of a hearing ‘‘(iv) Any individual or representative who sulted in an initial denial of disability insur- before an administrative law judge to deter- knowingly violates this subparagraph shall ance benefits and a subsequent appeal. mine if an individual is under a disability (as be guilty of making a false statement or rep- SEC. 806. REALLOCATION OF PAYROLL TAX REV- defined in section 223(d)) or a review of such resentation of material fact, shall be subject ENUE. a determination before the Appeals Council to civil and criminal penalties under sec- (a) WAGES.—Section 201(b)(1) of the Social of the Office of Appellate Operations of the tions 208 and 1129, and, in the case of a rep- Security Act (42 U.S.C. 401(b)(1)) is amended Social Security Administration, medical evi- resentative, shall be suspended or disquali- by striking ‘‘and (R) 1.80 per centum of the dence (other than the evidence already in the fied from appearing before the Social Secu- wages (as so defined) paid after December 31, record) shall not be received if the evidence rity Administration. 1999, and so reported,’’ and inserting ‘‘(R) 1.80 is submitted less than 30 days prior to the ‘‘(D) The Commissioner of Social Security per centum of the wages (as so defined) paid date on which the hearing is held unless the shall not consider any evidence furnished by after December 31, 1999, and before January individual can show that the evidence is ma- a physician or health care practitioner who 1, 2016, and so reported, (S) 2.37 per centum of terial and there is good cause for the failure is not licensed, has been sanctioned, or is
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.013 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7658 CONGRESSIONAL RECORD — SENATE October 29, 2015 under investigation for ethical mis- ment of an investigation into ethical mis- (i) information on how medical evidence is conduct.’’. conduct’’; and used in disability determinations; (c) EFFECTIVE DATE.—The amendments (C) by inserting ‘‘or who has voluntarily (ii) instructions on completing a residual made by this section shall take effect on the relinquished a license to practice in any functional capacity form; date of the enactment of this Act, and shall court or bar in settlement of an investiga- (iii) information on the legal and ethical apply to applications for disability insurance tion into ethical misconduct’’ before the pe- obligations of a health care provider who benefits filed on or after that date. riod. supplies medical evidence for use in a dis- SEC. 813. PROCEDURAL RULES FOR HEARINGS. SEC. 815. APPLYING JUDICIAL CODE OF CON- ability determination, including any civil or (a) IN GENERAL.—Not later than 1 year DUCT TO ADMINISTRATIVE LAW criminal penalties that may be imposed on a after the date of the enactment of this Act, JUDGES. health care provider who supplies medical the Commissioner of Social Security, in con- (a) IN GENERAL.—Section 3105 of title 5, evidence for use in a disability determina- sultation with the administrative law judges United States Code, is amended— tion; and of the Social Security Administration, shall (1) by striking ‘‘Each agency’’ and insert- (iv) a statement that the signatory has establish and make available to the public ing read and understands the contents of the procedural rules for hearings to determine ‘‘(a) Each agency’’; and form. whether or not an individual is entitled to (2) by adding at the end the following: (3) PENALTIES FOR FRAUD.—In addition to disability insurance benefits under title II of ‘‘(b) The Code of Conduct for United States any other penalties that may be prescribed the Social Security Act (42 U.S.C. 401 et Judges adopted by the Judicial Conference of by law, any individual who forges a signa- seq.). These rules shall include those estab- the United States shall apply to administra- ture on a Medical Consultant Acknowledg- lished in this Act as well as— tive law judges appointed under this section. ment Form submitted to the Commissioner (1) rules and procedures for motions and re- ‘‘(c) If, in applying a standard of conduct of Social Security shall be guilty of making quests; to an administrative law judge appointed a false statement or representation of mate- (2) rules related to the representation of under this section, there is a conflict be- rial fact, and upon conviction shall be sub- individuals in such a hearing, such as the tween the Code of Conduct for United States ject to civil and criminal penalties under qualifications and standards of conduct re- Judges and any other law or regulation, the sections 208 and 1129 of the Social Security quired of representatives; stricter standard of conduct shall apply. Act and, in the case of a representative, shall (3) rules and procedures for the submission ‘‘(d) Pursuant to section 7301, the President be suspended or disqualified from appearing of evidence; may issue such regulations as may be nec- before the Social Security Administration. (d) SYMPTOM VALIDITY TESTS.— (4) rules related to the closure of the essary to carry out subsections (b) and (c).’’. (1) IN GENERAL.—For purposes of evalu- record; and (b) LIMITATION ON REGULATORY AUTHOR- ating the credibility of an individual’s med- (5) rules and procedures for imposing sanc- ITY.—Section 1305 of title 5, United States ical evidence, an administrative law judge tions on parties for failing to comply with Code, is amended by striking ‘‘3105’’ and in- responsible for conducting a hearing to de- hearing rules. serting ‘‘3105(a)’’. termine whether an individual applying for (b) AUTHORITY OF ADMINISTRATIVE LAW SEC. 816. EVALUATING MEDICAL EVIDENCE. JUDGES TO SANCTION CLAIMANT REPRESENTA- disability insurance benefits under title II of (a) IN GENERAL.—Not later than 1 year TIVES.—Section 206(a)(1) of the Social Secu- the Social Security Act or for monthly bene- after the date of the enactment of this Act, rity Act (42 U.S.C. 406(a)(1)) is amended by fits under section 202 of such Act by reason the Commissioner of Social Security shall inserting after the fifth sentence the fol- of a disability may require the individual to ensure that all administrative law judges lowing: ‘‘The Commissioner of Social Secu- undergo a symptom validity test either prior within the Office of Disability Adjudication rity shall establish rules under which an ad- to or after the hearing. and Review of the Social Security Adminis- ministrative law judge may impose fines and (2) WEIGHT GIVEN TO SVTS.—An administra- tration receive training on how to appro- other sanctions the Commissioner deter- tive law judge may only consider the results priately evaluate and weigh medical evi- mines to be appropriate on a representative of a symptom validity test as a part of an in- dence provided by medical professionals. for failure to follow the Commissioner’s dividual’s entire medical history and shall (b) OPINION EVIDENCE.—Section 223(d)(5)(B) rules and regulations.’’ not give controlling weight to such results. of the Social Security Act (42 U.S.C. (c) EFFECTIVE DATE.—Any rules adopted (e) EVIDENCE OBTAINED FROM PUBLICLY 423(d)(5)(B)), as amended by section 812(b), is pursuant to this section or the amendment AVAILABLE SOCIAL MEDIA.—For purposes of further amended by adding at the end the made thereby shall take effect on the date evaluating the credibility of an individual’s following new sentences: ‘‘In weighing med- that is 6 months after the date of their publi- medical evidence, an administrative law ical evidence, the Commissioner of Social cation and shall apply to hearings held on or judge responsible for conducting a hearing to Security may assign greater weight to cer- after that date. determine whether an individual applying tain opinion evidence supplied by an individ- for disability insurance benefits under title SEC. 814. PROHIBITING ATTORNEYS WHO HAVE RELINQUISHED A LICENSE TO PRAC- ual’s treating physician (or other treating II of the Social Security Act is disabled shall TICE IN THE FACE OF AN ETHICS IN- health care provider) than to opinion evi- be permitted to consider information about VESTIGATION FROM SERVING AS A dence obtained from another source, but in the individual obtained from publicly avail- CLAIMANT REPRESENTATIVE. no circumstance shall opinion evidence from able social media. Section 206(a)(1) of the Social Security Act any source be given controlling weight.’’ (f) REGULATIONS RELATED TO EVALUATING (42 U.S.C. 406(a)(1)), as amended by section (c) HEALTH CARE PROVIDERS SUPPLYING MEDICAL EVIDENCE.—Not later than 1 year 813(b), is further amended— CONSULTATIVE EXAMS.— after the date of enactment of this Act, the (1) in the first sentence, by inserting ‘‘, (1) IN GENERAL.—Beginning 1 year after the Commissioner of Social Security shall pro- and, in cases where compensation is sought date of enactment of this Act, in deter- mulgate rules and regulations to carry out for services as a representative, shall’’ before mining whether an individual applying for the purposes of this section, including regu- ‘‘prescribe’’; disability insurance benefits under title II of lations relating to when it is appropriate for (2) in the second sentence, by striking the Social Security Act is disabled, the Com- an administrative law judge to order a symp- ‘‘Federal courts,’’ and inserting ‘‘Federal missioner of Social Security shall not con- tom validity test or to consider evidence ob- courts and certifies to the Commissioner sider medical evidence resulting from a con- tained from publicly available social media. that such attorney has never (A) been dis- sultative exam with a health care provider SEC. 817. REFORMING FEES PAID TO ATTORNEYS barred or suspended from any court or bar to conducted for the purpose of supporting the AND OTHER CLAIMANT REPRESENT- ATIVES. which such attorney was previously admit- individual’s application unless the evidence (a) PROHIBITION ON REIMBURSEMENT FOR ted to practice or disqualified from partici- is accompanied by a Medical Consultant Ac- TRAVEL EXPENSES.—Not later than 1 year pating in or appearing before any Federal knowledgment Form signed by the health after the date of enactment of this Act, the program or agency, or (B) relinquished a li- care provider who conducted the exam. Commissioner of Social Security shall estab- cense to practice in, participate in, or appear (2) MEDICAL CONSULTANT ACKNOWLEDGMENT lish rules and regulations relating to the fees before any court, bar, or Federal program or FORM.— payable to representatives of individuals agency in connection with a settlement of an (A) DEFINITION.—As used in this sub- claiming entitlement to disability insurance investigation into ethical misconduct,’’; and section, the term ‘‘Medical Consultant Ac- benefits under title II of the Social Security (3) in the third sentence— knowledgment Form’’ means a form pub- Act (42 U.S.C. 401 et seq.) to prohibit a rep- (A) by striking ‘‘may’’ each place it ap- lished by the Commissioner of Social Secu- resentative from being reimbursed by the So- pears and inserting ‘‘shall’’; rity that meets the requirements of subpara- cial Security Administration for travel ex- (B) by striking ‘‘or who has been disquali- graph (B). penses related to a case. fied from participating in or appearing be- (B) REQUIREMENTS.—The Commissioner of (b) ELIMINATING DIRECT PAYMENTS TO fore any Federal program or agency’’ and in- Social Security shall develop the Medical CLAIMANT REPRESENTATIVES.— serting ‘‘, who has been disqualified from Consultant Acknowledgment Form and (1) IN GENERAL.—Section 206 of the Social participating in or appearing before any Fed- make it available to the public not later Security Act (42 U.S.C. 406) is amended— eral program or agency, or who has volun- than 6 months after the date of enactment of (A) in subsection (a)— tarily relinquished a license to practice in, this Act. The contents of the Medical Con- (i) by striking paragraph (4); and participate in, or appear before any court, sultant Acknowledgment Form shall in- (ii) by redesignating paragraph (5) as para- bar, or Federal program or agency in settle- clude— graph (4);
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.013 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7659 (B) in subsection (b)(1)(A), by striking ‘‘and proposed legislation that the Division deter- 223(f) and 1614(a)(4) of the Social Security the Commissioner of Social Security’’ and mines appropriate, to— Act. all that follows through ‘‘as provided in this (A) the Inspector General of the Social Se- (b) ADDITIONAL FUNCTIONS.—The office de- paragraph’’ and inserting ‘‘with such amount curity Administration; scribed in subsection (a) shall carry out the to be paid out of, and not in addition to, the (B) the Commissioner of the Social Secu- functions described in such subsection by amount of such past-due benefits’’; and rity Administration; providing training to officers and employees (C) by striking subsections (d) and (e). (C) the Committees on Ways and Means of the Social Security Administration, car- (2) EFFECTIVE DATE.—The amendments and Oversight and Government Reform of rying out data collection and reviews, and made by this subsection shall apply to deter- the House of the Representatives; and proposing such policy recommendations and minations made after the date of the enact- (D) the Committees on Finance and Home- clarification as are determined appropriate. ment of this Act. land Security and Government Affairs of the (c) TRAINING FOR ADMINISTRATIVE LAW (c) REVIEW OF HIGHEST-EARNING CLAIMANT Senate. JUDGES.—The Commissioner of Social Secu- REPRESENTATIVES.— (3) DEFINITION OF OUTLIER ADMINISTRATIVE rity shall establish a program to provide for (1) REVIEW.—Not later than 1 year after the LAW JUDGE.—For purposes of this subsection, more efficient and effective training for all date of enactment of this Act and annually the term ‘‘outlier administrative law judge’’ individuals and agencies involved in the dis- thereafter, the Inspector General of the So- means an administrative law judge within ability determination process under section cial Security Administration shall conduct a the Office of Disability Adjudication and Re- 221 of the Social Security Act, including Dis- review of the practices of a sample of the view of the Social Security Administration ability Determination Services agencies and highest-earning claimant representatives who, in a given year— the administrative law judges of the Social and law firms to ensure compliance with the (A) issues more than 700 decisions; and Security Administration, in regards to mak- policies of the Social Security Administra- (B) determines that the applicant— ing determinations in which an individual tion. In reviewing representative practices, (i) is entitled to disability insurance bene- should not be entitled to benefits on the basis of a finding that the physical or mental the Inspector General shall look for sus- fits in not less than 85 percent of cases; or impairment on the basis of which such bene- picious practices, including— (ii) is not entitled to disability insurance fits are provided has ceased, does not exist, (A) repetitive language in residual func- benefits in not less than 15 percent of cases. or is not disabling, as described in sections tional capacity forms; (b) MANDATORY CONTINUING DISABILITY RE- 223(f) and 1614(a)(4) of the Social Security (B) irregularities in the licensing history VIEW.— Act. of medical professionals providing medical (1) IN GENERAL.—The Commissioner of So- (d) APPLICATION OF INITIAL DISABILITY opinions in support of a claimant’s applica- cial Security shall ensure that, not less than STANDARD IN CERTAIN CASES.— tion; and 6 months after receiving a report described (C) a disproportionately high number of ap- (1) DISABILITY INSURANCE BENEFITS.—Sec- in subsection (a)(2), every determination of tion 223 of the Social Security Act (42 U.S.C. pearances by a representative before the entitlement found to be unsupported by the same administrative law judge. 423) is amended by adding at the end the fol- evidence is in the process of being reviewed lowing new subsection: (2) REPORT.—Not later than December 1 of under section 221(i)(1) of the Social Security ‘‘Application of Initial Disability Standard each year in which a review described in Act. paragraph (1) is conducted, the Inspector (2) CONFORMING AMENDMENT.—Section ‘‘(k)(1) For purposes of subsection (f), in General of the Social Security Administra- 221(i)(1) of the Social Security Act (42 U.S.C. the case of an individual whose case file (in- tion shall submit a report containing the re- 421(i)(1)) is amended by inserting ‘‘or under cluding new evidence concerning the individ- sults of such review, together with any rec- section 818(b) of the Bipartisan Budget Act of ual’s prior or current condition which is pre- ommendations for administrative action or 2015’’ after ‘‘administration of this title’’. sented by the individual or secured by the proposed legislation that the Inspector Gen- Commissioner of Social Security) does not SEC. 819. PERMITTING DATA MATCHING BY IN- provide sufficient evidence for purposes of eral determines appropriate, to the Commit- SPECTORS GENERAL. making a determination under paragraph (1) tees on Finance and Homeland Security and Clause (ix) of section 552a(a)(8)(B) of title 5, of such subsection, a recipient of benefits Government Affairs of the Senate and the United States Code, is amended by striking under this title or title XVIII based on the Committees on Ways and Means and Over- ‘‘the Secretary of Health and Human Serv- disability of such individual shall not be en- sight and Government Reform of the House ices or the Inspector General of the Depart- titled to such benefits unless such individual of Representatives. ment of Health and Human Services’’ and in- furnishes such medical and other evidence (d) APPLICABILITY OF THE EQUAL ACCESS TO serting ‘‘the Inspector General of an agency, JUSTICE ACT.—Section 205 of the Social Secu- required under subsection (d) to determine or an agency in coordination with an Inspec- that such individual is under a disability. rity Act (42 U.S.C. 405) is amended by adding tor General’’. at the end the following new subsection: ‘‘(2) Any determination made under this ‘‘(v) Sections 504 of title 5 and 2412 of title SEC. 820. ACCOUNTING FOR SOCIAL SECURITY subsection shall be made on the basis of the 28, United States Code (commonly known as PROGRAM INTEGRITY SPENDING. weight of the evidence and on a neutral basis the ‘Equal Access to Justice Act’), shall not Amounts made available for Social Secu- with regard to the individual’s condition, apply to— rity program integrity spending by the So- without any initial inference as to the pres- ‘‘(1) any review under this title of a deter- cial Security Administration for a fiscal ence or absence of disability being drawn mination of disability made by the Commis- year shall be— from the fact that the individual has pre- sioner of Social Security; or (1) included in a separate account within viously been determined to be disabled. ‘‘(2) if new evidence is submitted by an in- the Federal budget; and ‘‘(3) For purposes of this subsection, a ben- dividual after a hearing to determine wheth- (2) funded in a separate account in the ap- efit under this title is based on an individ- er or not the individual is under a disability, propriate annual appropriations bill. ual’s disability if it is a disability insurance judicial review of a final determination of SEC. 821. USE OF THE NATIONAL DIRECTORY OF benefit, a child’s, widow’s, or widower’s in- disability under subsection (g) of this sec- NEW HIRES. surance benefit based on disability, or a tion.’’. Beginning with the date that is 1 year after mother’s or father’s insurance benefit based SEC. 818. STRENGTHENING THE ADMINISTRA- the date of the enactment of this Act, the on the disability of the mother’s or father’s TIVE LAW JUDGE QUALITY REVIEW Commissioner of Social Security shall con- child who has attained age 16.’’. PROCESS. sult the National Directory of New Hires es- (2) SUPPLEMENTAL SECURITY INCOME BENE- (a) IN GENERAL.— tablished under section 453(i) of the Social FITS.—Section 1614 of such Act (42 U.S.C. (1) REVIEW.—Not later than 1 year after the Security Act (42 U.S.C. 653(i)) in determining 1382c) is amended by adding at the end the date of enactment of this Act and annually whether any individual who submits an ap- following new subsection: thereafter, the Division of Quality of the Of- plication or reapplication for disability in- ‘‘Application of Initial Disability Standard fice of Appellate Operations of the Social Se- surance benefits under title II of the Social ‘‘(g)(1) For purposes of paragraph (4) of sub- curity Administration shall conduct a review Security Act or for monthly benefits under section (a), in the case of an individual of a sample of determinations that individ- section 202 of such Act by reason of a dis- whose case file (including new evidence con- uals are entitled to disability insurance ben- ability is able to engage in substantial gain- cerning the individual’s prior or current con- efits by outlier administrative law judges ful activity. dition which is presented by the individual and identify any determinations that are not SEC. 822. ENSURING PROPER APPLICATION OF or secured by the Commissioner of Social Se- supported by the evidence. THE MEDICAL IMPROVEMENT RE- curity) does not provide sufficient evidence (2) REPORT.—Not later than December 1 of VIEW STANDARD. for purposes of making a determination each year in which a review described in (a) IN GENERAL.—The Commissioner of So- under subparagraph (A) of such paragraph, a paragraph (1) is conducted, the Division of cial Security shall establish within the So- recipient of benefits based on disability Quality Review of the Office of Appellate Op- cial Security Administration an office to en- under this title shall not be entitled to such erations of the Social Security Administra- sure the proper identification of individuals benefits unless such individual furnishes tion shall submit a report containing the re- who should not be entitled to benefits on the such medical and other evidence required sults of such review, including all determina- basis of a finding that the physical or mental under subsection (a)(3) to determine that tions that were found to be unsupported by impairment on the basis of which such bene- such individual is under a disability. the evidence, together with any rec- fits are provided has ceased, does not exist, ‘‘(2) Any determination made under this ommendations for administrative action or or is not disabling, as described in sections subsection shall be made on the basis of the
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.013 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7660 CONGRESSIONAL RECORD — SENATE October 29, 2015 weight of the evidence and on a neutral basis ate for certification of determinations made (1) in clause (ii)— with regard to the individual’s condition, under clause (i) and (ii) of subparagraph (B). (A) by striking ‘‘Except as provided in without any initial inference as to the pres- (B) DETERMINATIONS.—The Chairpersons of clause (v), the’’ and inserting ‘‘The’’; and ence or absence of disability being drawn the Committee on the Budget and the Com- (B) by striking ‘‘a majority of all partici- from the fact that the individual has pre- mittee on Appropriations of the Senate pants and beneficiaries of the plan’’ and in- viously been determined to be disabled.’’. shall— serting ‘‘, of the participants and bene- (3) CONFORMING AMENDMENTS.— (i) on October 1 of each year, make a deter- ficiaries of the plan who cast a vote, a major- (A) Subsection (f) of section 223 of such Act mination of whether Congress is in compli- ity’’; is amended by striking ‘‘A recipient of bene- ance with subsection (c) and whether Sen- (2) by striking clause (v); fits’’ and inserting ‘‘Subject to subsection ators may not be paid under that subsection; (3) by redesignating clause (vi) as clause (k), a recipient of benefits’’. (ii) determine the period of days following (v); and (B) Paragraph (4) of section 1614(a) of such each October 1 that Senators may not be (4) in clause (v), as so redesignated— Act is amended by striking ‘‘A recipient of paid under subsection (c); and (A) by striking ‘‘(or following a determina- benefits’’ and inserting ‘‘Subject to sub- (iii) provide timely certification of the de- tion under clause (v) that the plan is a sys- section (g), a recipient of benefits’’. terminations under clauses (i) and (ii) upon temically important plan)’’; and (4) EFFECTIVE DATE.—The amendments the request of the Secretary of the Senate. (B) by striking ‘‘(or, in the case of a sus- made by this subsection shall apply to deter- (2) HOUSE OF REPRESENTATIVES.— pension that goes into effect under clause minations made after the date of the enact- (A) REQUEST FOR CERTIFICATIONS.—On Oc- (v), at a time sufficient to allow the imple- ment of this Act. tober 1 of each year, the Chief Administra- mentation of the suspension prior to the end tive Officer of the House of Representatives of the 90-day period described in clause SA 2756. Mr. HELLER submitted an shall submit a request to the Chairpersons of (v)(I))’’. amendment intended to be proposed by the Committee on the Budget and the Com- (c) EFFECTIVE DATE.—The amendments him to the bill H.R. 1314, to amend the mittee on Appropriations of the House of made by subsections (a) and (b) shall apply Internal Revenue Code of 1986 to pro- Representatives for certification of deter- to any vote on the suspension of benefits under section 305(e)(9)(H) of the Employee vide for a right to an administrative minations made under clauses (i) and (ii) of subparagraph (B). Retirement Income Security Act of 1974 (29 appeal relating to adverse determina- (B) DETERMINATIONS.—The Chairpersons of U.S.C. 1085(e)(9)(H)) and section 432(e)(9)(H) tions of tax-exempt status of certain the Committee on the Budget and the Com- of the Internal Revenue Code of 1986 that oc- organizations; which was ordered to lie mittee on Appropriations of the House of curs after the date of enactment of this Act. on the table; as follows: Representatives shall— At the appropriate place, insert the fol- (i) on October 1 of each year, make a deter- SA 2758. Mr. PORTMAN submitted an lowing: mination of whether Congress is in compli- amendment intended to be proposed by SEC. lll. NO BUDGET NO PAY. ance with subsection (c) and whether Mem- him to the bill H.R. 1314, to amend the (a) SHORT TITLE.—This section may be bers of the House of Representatives may not Internal Revenue Code of 1986 to pro- cited as the ‘‘No Budget, No Pay Act’’. be paid under that subsection; vide for a right to an administrative (b) DEFINITION.—In this section, the term (ii) determine the period of days following appeal relating to adverse determina- ‘‘Member of Congress’’— each October 1 that Members of the House of tions of tax-exempt status of certain (1) has the meaning given under section Representatives may not be paid under sub- section (c); and organizations; which was ordered to lie 2106 of title 5, United States Code; and on the table; as follows: (2) does not include the Vice President. (iii) provide timely certification of the de- At the appropriate place, insert the fol- (c) TIMELY APPROVAL OF CONCURRENT RES- terminations under clauses (i) and (ii) upon lowing: OLUTION ON THE BUDGET AND THE APPROPRIA- the request of the Chief Administrative Offi- TIONS BILLS.—If both Houses of Congress cer of the House of Representatives. SEC. lll. AUTOMATIC CONTINUING APPRO- have not approved a concurrent resolution (f) EFFECTIVE DATE.—This section shall PRIATIONS. (a) IN GENERAL.—Chapter 13 of title 31, on the budget as described under section 301 take effect on February 1, 2017. United States Code, is amended by inserting of the Congressional Budget and Impound- SA 2757. Mr. PORTMAN submitted an after section 1310 the following new section: ment Control Act of 1974 (2 U.S.C. 632) for a amendment intended to be proposed by fiscal year before October 1 of that fiscal ‘‘§ 1311. Continuing appropriations year and have not passed all the regular ap- him to the bill H.R. 1314, to amend the ‘‘(a)(1) If any appropriation measure for a propriations bills for the next fiscal year be- Internal Revenue Code of 1986 to pro- fiscal year is not enacted before the begin- fore October 1 of that fiscal year, the pay of vide for a right to an administrative ning of such fiscal year or a joint resolution each Member of Congress may not be paid for appeal relating to adverse determina- making continuing appropriations is not in each day following that October 1 until the tions of tax-exempt status of certain effect, there are appropriated such sums as date on which both Houses of Congress ap- organizations; which was ordered to lie may be necessary to continue any program, prove a concurrent resolution on the budget on the table; as follows: project, or activity for which funds were pro- vided in the preceding fiscal year— for that fiscal year and all the regular appro- At the end of title V, insert the following: priations bills. ‘‘(A) in the corresponding appropriation SEC. 505. BENEFIT SUSPENSIONS FOR MULTIEM- Act for such preceding fiscal year; or (d) NO PAY WITHOUT CONCURRENT RESOLU- PLOYER PLANS IN CRITICAL AND TION ON THE BUDGET AND THE APPROPRIATIONS DECLINING STATUS. ‘‘(B) if the corresponding appropriation bill BILLS.— (a) ERISA AMENDMENTS.—Section for such preceding fiscal year did not become (1) IN GENERAL.—Notwithstanding any 305(e)(9)(H) of the Employee Retirement In- law, then in a joint resolution making con- other provision of law, no funds may be ap- come Security Act of 1974 (29 U.S.C. tinuing appropriations for such preceding fis- propriated or otherwise be made available 1085(e)(9)(H)) is amended— cal year. from the Treasury for the pay of any Mem- (1) in clause (ii)— ‘‘(2)(A) Appropriations and funds made ber of Congress during any period deter- (A) by striking ‘‘Except as provided in available, and authority granted, for a pro- mined by the Chairpersons of the Committee clause (v), the’’ and inserting ‘‘The’’; and gram, project, or activity for any fiscal year on the Budget and the Committee on Appro- (B) by striking ‘‘a majority of all partici- pursuant to this section shall be at a rate of priations of the Senate or the Chairpersons pants and beneficiaries of the plan’’ and in- operations not in excess of the lower of— of the Committee on the Budget and the serting ‘‘, of the participants and bene- ‘‘(i) 100 percent of the rate of operations Committee on Appropriations of the House ficiaries of the plan who cast a vote, a major- provided for in the regular appropriation Act of Representatives under subsection (e). ity’’; providing for such program, project, or activ- (2) NO RETROACTIVE PAY.—A Member of (2) by striking clause (v); ity for the preceding fiscal year; Congress may not receive pay for any period (3) by redesignating clause (vi) as clause ‘‘(ii) in the absence of such an Act, 100 per- determined by the Chairpersons of the Com- (v); and cent of the rate of operations provided for mittee on the Budget and the Committee on (4) in clause (v), as so redesignated— such program, project, or activity pursuant Appropriations of the Senate or the Chair- (A) by striking ‘‘(or following a determina- to a joint resolution making continuing ap- persons of the Committee on the Budget and tion under clause (v) that the plan is a sys- propriations for such preceding fiscal year; the Committee on Appropriations of the temically important plan)’’; and or House of Representatives under subsection (B) by striking ‘‘(or, in the case of a sus- ‘‘(iii) 100 percent of the annualized rate of (e), at any time after the end of that period. pension that goes into effect under clause operations provided for in the most recently (e) DETERMINATIONS.— (v), at a time sufficient to allow the imple- enacted joint resolution making continuing (1) SENATE.— mentation of the suspension prior to the end appropriations for part of that fiscal year or (A) REQUEST FOR CERTIFICATIONS.—On Oc- of the 90-day period described in clause any funding levels established under the pro- tober 1 of each year, the Secretary of the (v)(I))’’. visions of this Act; Senate shall submit a request to the Chair- (b) IRC AMENDMENTS.—Section 432(e)(9)(H) for the period of 120 days. After the first 120- persons of the Committee on the Budget and of the Internal Revenue Code of 1986 is day period during which this subsection is in the Committee on Appropriations of the Sen- amended— effect for that fiscal year, the applicable rate
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.013 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7661 of operations shall be reduced by 1 percent- (ii) in the case of an Act that provides that (B) the committee recommends should be age point. For each subsequent 90-day period the debt limit shall not apply for a period repealed. during which this subsection is in effect for and that the amount of the debt limit is in- (2) CONSIDERATIONS.—In determining that fiscal year, the applicable rate of oper- creased at the end of such period, the whether to recommend repealing major rules ations shall be reduced by 1 percentage amount by which the Secretary of the Treas- within its jurisdiction, a committee of the point. The 90-day period reductions shall ex- ury estimates the debt limit shall be in- Senate or the House of Representatives shall tend beyond the last day of that fiscal year. creased at the end of the period of the sus- consider— ‘‘(B) If this section is in effect at the end pension, which the Secretary shall submit to (A) whether the major rule achieved, or of a fiscal year, funding levels shall continue Congress on the date of enactment of such an has been ineffective in achieving, the origi- as provided in this section for the next fiscal Act; nal purpose of the major rule; year. (C) the term ‘‘debt limit’’ means the limi- (B) any adverse effects that could mate- ‘‘(3) Appropriations and funds made avail- tation imposed by section 3101(b) of title 31, rialize if the major rule is repealed, in par- able, and authority granted, for any fiscal United States Code; ticular if those adverse effects are the reason year pursuant to this section for a program, (D) the term ‘‘direct cost of Federal regula- the major rule was originally enacted; project, or activity shall be available for the tion’’ means all costs incurred by, and ex- (C) whether the costs of the major rule period beginning with the first day of a lapse penditures required of, the Federal Govern- outweigh any benefits of the major rule to in appropriations and ending with the date ment in issuing and enforcing Federal regu- the United States; on which the applicable regular appropria- lations, rules, statements, and legislation; (D) whether the major rule has become ob- tion bill for such fiscal year becomes law (E) the term ‘‘Federal regulatory cost’’— solete due to changes in technology, eco- (whether or not such law provides for such (i) means all costs incurred by, and expend- nomic conditions, market practices, or any program, project, or activity) or a con- itures required of, the private sector in com- other factors; and tinuing resolution making appropriations plying with any Federal regulation, rule, (E) whether the major rule overlaps with becomes law, as the case may be. statement, or legislation; and another rule. ‘‘(b) An appropriation or funds made avail- (ii) does not include the value of any ben- (3) COMBINING OF RECOMMENDATIONS.—The able, or authority granted, for a program, Committee on the Budget of the Senate and project, or activity for any fiscal year pursu- efit under the Federal regulation, rule, state- ment, or legislation; the Committee on the Budget of the House of ant to this section shall be subject to the Representatives, upon receiving rec- terms and conditions imposed with respect (F) the term ‘‘joint resolution’’ means a joint resolution— ommendations from all relevant committees to the appropriation made or funds made under paragraph (1), shall report to its House available for the preceding fiscal year, or au- (i) reported by the Committee on the Budg- et of the Senate or the House of Representa- a joint resolution carrying out all such rec- thority granted for such program, project, or ommendations without any substantive revi- activity under current law. tives in accordance with subsection (d)(3); (ii) which does not have a preamble; sion. ‘‘(c) Expenditures made for a program, (e) EXPEDITED PROCEDURES.— (iii) the title of which is as follows: ‘‘Joint project, or activity for any fiscal year pursu- (1) CONSIDERATION IN HOUSE OF REPRESENTA- resolution relating to repeal of costly ant to this section shall be charged to the TIVES.— rules.’’; and applicable appropriation, fund, or authoriza- (A) PLACEMENT ON CALENDAR.—Upon a joint (iv) the matter after the resolving clause of tion whenever a regular appropriation bill or resolution being reported by the Committee which is as follows: ‘‘That the following a joint resolution making continuing appro- on the Budget of the House of Representa- priations until the end of a fiscal year pro- rules shall have no force or effect: tives, or upon receipt of a joint resolution viding for such program, project, or activity lllllll.’’, the blank space being filled from the Senate, the joint resolution shall be for such period becomes law. in with the list of major rules recommended placed immediately on the calendar. to be repealed under subsection (d) by the ‘‘(d) This section shall not apply to a pro- (B) PROCEEDING TO CONSIDERATION.— committees of the House in which the joint gram, project, or activity during a fiscal (i) IN GENERAL.—It shall be in order, not year if any other provision of law (other resolution is reported; and later than 60 days after the date on which than an authorization of appropriations)— (G) the term ‘‘major rule’’ means any rule the debt limit is increased or a suspension of ‘‘(1) makes an appropriation, makes funds that has or is likely to result in an annual the debt limit takes effect, to move to pro- available, or grants authority for such pro- effect on the economy of $100,000,000 or more. ceed to consider a joint resolution in the gram, project, or activity to continue for (b) REDUCTIONS IN REGULATORY COST.—Not House of Representatives. such period; or later than 60 days after the date on which (ii) PROCEDURE.—For a motion to proceed ‘‘(2) specifically provides that no appro- the debt limit is increased or a suspension of to consider a joint resolution— priation shall be made, no funds shall be the debt limit takes effect, Congress shall (I) all points of order against the motion made available, or no authority shall be enact legislation eliminating rules that re- are waived; granted for such program, project, or activ- sults in a reduction of the direct cost of Fed- (II) such a motion shall not be in order ity to continue for such period.’’. eral regulation during the 10-fiscal year pe- after the House of Representatives has dis- (b) CLERICAL AMENDMENT.—The table of riod beginning with the next full fiscal year posed of a motion to proceed to the joint res- sections of chapter 13 of title 31, United by not less than the amount of the increase olution; States Code, is amended by inserting after in the debt limit. (III) the previous question shall be consid- the item relating to section 1310 the fol- (c) ACTION BY AGENCIES.— ered as ordered on the motion to its adoption lowing new item: (1) IDENTIFICATION OF MAJOR RULES.—If the without intervening motion; ‘‘1311. Continuing appropriations.’’. amount of the debt limit is increased or a (IV) the motion shall not be debatable; and suspension of the debt limit takes effect, (V) a motion to reconsider the vote by SA 2759. Mr. GARDNER (for himself each agency shall submit to the Senate, the which the motion is disposed of shall not be and Mr. LEE) submitted an amendment House of Representatives, and the Comp- in order. intended to be proposed by him to the troller General of the United States a report (C) CONSIDERATION.—The House of Rep- bill H.R. 1314, to amend the Internal identifying each major rule of the agency, as resentatives shall establish rules for consid- Revenue Code of 1986 to provide for a determined by the head of the agency. eration of a joint resolution in the House of right to an administrative appeal relat- (2) CERTIFICATION BY GAO.—After receipt of Representatives. ing to adverse determinations of tax- all reports required under paragraph (1), the (2) EXPEDITED CONSIDERATION IN SENATE.— Comptroller General of the United States (A) PLACEMENT ON CALENDAR.—Upon a joint exempt status of certain organizations; shall submit to the Senate and the House of resolution being reported by the Committee which was ordered to lie on the table; Representatives a statement certifying on the Budget of the Senate, or upon receipt as follows: whether the repeal of all major rules identi- of a joint resolution from the House of Rep- At the appropriate place, insert the fol- fied in such reports would result in a de- resentatives, the joint resolution shall be lowing: crease in the direct cost of Federal regula- placed immediately on the calendar. SEC. lll. REDUCING EXCESSIVE GOVERNMENT. tion during the 10-fiscal year period begin- (B) PROCEEDING TO CONSIDERATION.— (a) SHORT TITLE; DEFINITIONS.— ning with the next full fiscal year by not less (i) IN GENERAL.—Notwithstanding rule (1) SHORT TITLE.—This section may be than the amount of the increase in the debt XXII of the Standing Rules of the Senate, it cited as the ‘‘Reducing Excessive Govern- limit. is in order, not later than 60 days after the ment Act of 2015’’ or the ‘‘REG Act’’. (d) ACTION BY COMMITTEES.— date on which the debt limit is increased or (2) DEFINITIONS.—In this section— (1) IN GENERAL.—Each committee of the a suspension of the debt limit takes effect (A) the term ‘‘agency’’ has the meaning Senate and the House of Representatives (even though a previous motion to the same given the term ‘‘Executive agency’’ under shall submit to the Committee on the Budg- effect has been disagreed to) to move to pro- section 105 of title 5, United States Code; et of its House a list of the major rules ceed to the consideration of a joint resolu- (B) the term ‘‘amount of the increase in that— tion. the debt limit’’ means— (A) are within the jurisdiction of the com- (ii) PROCEDURE.—For a motion to proceed (i) the dollar amount of the increase in the mittee, which may include major rules iden- to the consideration of a joint resolution— debt limit specified in the Act increasing the tified in the report of an agency under sub- (I) all points of order against the motion debt limit; or section (c)(1); and are waived;
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.017 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7662 CONGRESSIONAL RECORD — SENATE October 29, 2015 (II) the motion is not debatable; that House) at any time, in the same man- appeal relating to adverse determina- (III) the motion is not subject to a motion ner, and to the same extent as in the case of tions of tax-exempt status of certain to postpone; any other rule of that House. organizations; which was ordered to lie (f) EFFECT OF JOINT RESOLUTION.— (IV) a motion to reconsider the vote by on the table; as follows: which the motion is agreed to or disagreed to (1) IN GENERAL.—A major rule shall cease shall not be in order; and to have force or effect if Congress enacts a At the end of title VIII, insert the fol- (V) if the motion is agreed to, the joint res- joint resolution repealing the major rule. lowing: olution shall remain the unfinished business (2) LIMITATION ON SUBSEQUENT RULE- Subtitle E—Private Disability Insurance until disposed of. MAKING.—A rule that ceases to have force or Plans (C) FLOOR CONSIDERATION GENERALLY.—If effect under paragraph (1) may not be re- SEC. 851. REDUCTION OF PAYROLL TAX FOR EN- the Senate proceeds to consideration of a issued in substantially the same form, and a ROLLMENT IN A PRIVATE DIS- joint resolution— new rule that is substantially the same as ABILITY INSURANCE PLAN. (i) all points of order against the joint res- such a rule may not be issued, unless the re- (a) SELF-EMPLOYMENT INCOME TAX.—Sec- olution (and against consideration of the issued or new rule is specifically authorized tion 1401 of the Internal Revenue Code of 1986 joint resolution) are waived; by a law enacted after the date of the joint is amended— (ii) consideration of the joint resolution, resolution repealing the original rule. (1) in subsection (a), by striking ‘‘In addi- and all amendments thereto and debatable (g) FAILURE TO ENACT REDUCTIONS IN tion to’’ and inserting ‘‘Except as provided in PENDING.— motions and appeals in connection there- S subsection (d), in addition to’’, and with, shall be limited to not more than 10 (1) DETERMINATION.—On the date that is 61 (2) by adding at the end the following new hours, which shall be divided equally be- days after the date on which the debt limit subsection: tween the majority and minority leaders or is increased or a suspension of the debt limit ‘‘(d) REDUCTION OF TAX RATE FOR SELF-EM- their designees; takes effect, the Director of the Office of PLOYED INDIVIDUALS WHO ARE ENROLLED IN A (iii) an a motion to postpone or a motion Management and Budget shall determine PRIVATE DISABILITY INSURANCE PLAN.— to commit the joint resolution is not in whether legislation has been enacted elimi- ‘‘(1) IN GENERAL.—For any self-employment order; and nating rules that reduces the direct cost of income received in any calendar year after (iv) a motion to proceed to the consider- Federal regulation during the 10-fiscal year 2015 by an applicable individual, the tax im- ation of other business is not in order. period described in subsection (b)(1) by not posed under subsection (a) for each taxable (D) REQUIREMENTS FOR AMENDMENTS.— less than the amount of the increase in the year shall be equal to— (i) IN GENERAL.—No amendment that is not debt limit. ‘‘(A) for the first calendar year in which germane to the provisions of a joint resolu- (2) INSUFFICIENT REDUCTIONS.—If the Direc- such individual is enrolled in a private dis- tion shall be considered. tor of the Office of Management and Budget ability insurance plan which satisfies the re- (ii) REPEAL OF MAJOR RULES.—Notwith- determines that legislation has not been en- quirements in paragraph (3), 11.5 percent, standing clause (i) or any other rule, an acted that eliminates rules that reduces the and amendment or series of amendments to a direct cost of Federal regulation during the ‘‘(B) for any subsequent calendar year in joint resolution shall always be in order if 10-fiscal year period described in subsection which such individual is enrolled in a private such amendment or series of amendments (b)(1) by not less than the amount of the in- disability insurance plan, 12.15 percent. proposes to repeal a major rule that would crease in the debt limit, effective on the date ‘‘(2) PENALTY RATE FOR TERMINATION OF result in a decrease in the direct cost of Fed- of the determination, the limitation in sec- COVERAGE.—In the case of an applicable indi- eral regulation during the 10-fiscal year pe- tion 3101(b) of title 31, United States Code, vidual who terminates enrollment in a pri- riod beginning with the next full fiscal year. shall be equal to the sum of the face amount vate disability insurance plan within 5 years (E) VOTE ON PASSAGE.—The vote on passage of obligations issued under chapter 31 of title of the date on which such enrollment began, shall occur immediately following the con- 31, United States Code, and the face amount for any self-employment income received in clusion of the consideration of a joint resolu- of obligations whose principal and interest the calendar year beginning after the date of tion, and a single quorum call at the conclu- are guaranteed by the United States Govern- termination, the tax imposed under sub- sion of the debate if requested in accordance ment (except guaranteed obligations held by section (a) for any taxable year beginning in with the rules of the Senate. the Secretary of the Treasury) outstanding such calendar year shall be equal to 13.95 (F) RULINGS OF THE CHAIR ON PROCEDURE.— on the date of the determination. Appeals from the decisions of the Chair re- percent. lating to the application of this subsection SA 2760. Mrs. MURRAY (for Mr. ‘‘(3) APPLICABLE INDIVIDUAL.—For purposes of this subsection, the term ‘applicable indi- or the rules of the Senate, as the case may HELLER) proposed an amendment to vidual’ means an individual enrolled in a pri- be, to the procedure relating to a joint reso- the bill S. 1731, to amend title 38, lution shall be decided without debate. vate disability insurance plan which satisfies (3) CONSIDERATION AFTER PASSAGE.— United States Code, to waive the min- the following requirements: (A) IN GENERAL.—If Congress passes a joint imum period of continuous active duty ‘‘(A) The plan shall be subject to regula- resolution, the period beginning on the date in the Armed Forces for receipt of cer- tion and oversight by the appropriate State the President is presented with the joint res- tain benefits for homeless veterans, to insurance regulator. olution and ending on the date the President authorize the Secretary of Veterans Af- ‘‘(B) The plan shall provide periodic pay- takes action with respect to the joint resolu- fairs to furnish such benefits to home- ments to the enrolled individual which, on tion shall be disregarded in computing the less veterans with discharges or re- an annual basis, are equal to an amount that is not less than 50 percent of the annual self- period described in subsection (g). leases from service in the Armed (B) VETOES.—If the President vetoes the employment income of such individual dur- joint resolution— Forces with other than dishonorable ing the preceding calendar year. (i) the period beginning on the date the conditions, and for other purposes; as ‘‘(C) The plan shall provide payments to President vetoes the joint resolution and follows: the enrolled individual for a period of 2 ending on the date Congress receives the On page 4, between lines 15 and 16, insert years. veto message with respect to the joint reso- the following: ‘‘(D) The plan may not require the enrolled lution shall be disregarded in computing the SEC. 6. AUTHORIZATION OF PER DIEM PAYMENTS individual to file an application for dis- period described in subsection (g); and FOR FURNISHING CARE TO DEPEND- ability insurance benefits under section 223 (ii) consideration of a veto message in the ENTS OF CERTAIN HOMELESS VET- of the Social Security Act during the first 18 Senate under this section shall be not more ERANS. months in which such individual is provided than 2 hours equally divided between the ma- Section 2012(a) of title 38, United States payments under such plan. jority and minority leaders or their des- Code, is amended by adding at the end the ‘‘(E) The plan may, as a condition of re- ignees. following new paragraph: ceiving payments under such plan, require (4) RULES OF HOUSE OF REPRESENTATIVES ‘‘(4) Services for which a recipient of a the enrolled individual to receive any med- AND SENATE.—This subsection is enacted by grant under section 2011 of this title (or an ical treatment or vocational rehabilitation Congress— entity described in paragraph (1)) may re- which has been determined as likely to im- (A) as an exercise of the rulemaking power ceive per diem payments under this sub- prove the ability of such individual to return of the Senate and House of Representatives, section may include furnishing care for a de- to employment. respectively, and as such is deemed a part of pendent of a homeless veteran who is under ‘‘(F) In the case of an individual who has the rules of each House, respectively, but ap- the care of such homeless veteran while such applied for disability insurance benefits fol- plicable only with respect to the procedure homeless veteran receives services from the lowing the period described in subparagraph to be followed in that House in the case of a grant recipient (or entity).’’. (D), the plan shall agree to provide the Com- joint resolution, and supersede other rules Mr. LEE submitted an missioner of Social Security with any only to the extent that they are inconsistent SA 2761. records relevant to the disability determina- with such rules; and amendment intended to be proposed by tion made under such plan for such indi- (B) with full recognition of the constitu- him to the bill H.R. 1314, to amend the vidual.’’. tional right of either House to change the Internal Revenue Code of 1986 to pro- (b) EMPLOYER TAX.—Section 3111 of the In- rules (so far as relating to the procedure of vide for a right to an administrative ternal Revenue Code of 1986 is amended—
VerDate Sep 11 2014 04:16 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A29OC6.019 S29OCPT1 SSpencer on DSK4SPTVN1PROD with SENATE October 29, 2015 CONGRESSIONAL RECORD — SENATE S7663 (1) in subsection (a), by striking ‘‘In addi- 1986) may not file an application for dis- Committee on Intelligence be author- tion to’’ and inserting ‘‘Except as provided in ability benefits during the first 18 months in ized to meet during the session of the subsection (f), in addition to’’; and which such individual is provided payments Senate on October 29, 2015, at 2:30 p.m. (2) by adding at the end of the following under a private disability insurance plan f new subsection: which satisfies the requirements under sec- ‘‘(f) REDUCTION OF TAX RATE FOR EMPLOY- tion 1401(d)(3) or section 3111(f)(3) of such ADJOURNMENT UNTIL 12:01 A.M. ERS PROVIDING PRIVATE DISABILITY INSUR- Code.’’ TOMORROW ANCE PLANS TO EMPLOYEES.— (e) EFFECTIVE DATE.—The amendments Mr. CRUZ. Mr. President, I ask that ‘‘(1) IN GENERAL.—For any wages paid by made by this section shall apply to remu- an employer in any calendar year after 2015 neration paid in any calendar year after 2015. the Senate stand adjourned under the to an applicable individual in their employ, previous order. f Thereupon, the Senate, at 10:07 p.m., the tax imposed under subsection (a) shall be AUTHORITY FOR COMMITTEES TO equal to— adjourned until Friday, October 30, ‘‘(A) for the first calendar year in which MEET 2015, at 12:01 a.m. such individual is enrolled in a private dis- COMMITTEE ON ARMED SERVICES f ability insurance plan which satisfies the re- Mr. MCCONNELL. Mr. President, I CONFIRMATIONS quirements in paragraph (3), 5.3 percent, and ask unanimous consent that the Com- ‘‘(B) for any subsequent calendar year in Executive nominations confirmed by mittee on Armed Services be author- the Senate October 29, 2015: which such individual is enrolled in a private ized to meet during the session of the disability insurance plan, 5.95 percent. DEPARTMENT OF JUSTICE Senate on October 29, 2015, at 9:30 a.m. ‘‘(2) PENALTY RATE FOR TERMINATION OF EDWARD L. GILMORE, OF ILLINOIS, TO BE UNITED COVERAGE.—In the case of an employer who The PRESIDING OFFICER. Without STATES MARSHAL FOR THE NORTHERN DISTRICT OF IL- terminates coverage under a private dis- objection, it is so ordered. LINOIS FOR THE TERM OF FOUR YEARS. ability insurance plan for an applicable indi- COMMITTEE ON FINANCE IN THE AIR FORCE vidual within 5 years of the date on which Mr. MCCONNELL. Mr. President, I THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED enrollment in such plan began, for any wages STATES OFFICER FOR APPOINTMENT IN THE RESERVE ask unanimous consent that the Com- OF THE AIR FORCE TO THE GRADE INDICATED UNDER paid by the employer to such individual (pro- mittee on Finance be authorized to TITLE 10, U.S.C., SECTIONS 12203 AND 12212: vided that such individual continues in their meet during the session of the Senate To be brigadier general employ) in the calendar year beginning after on October 29, 2015, at 10 a.m., in room COL. THOMAS K. WARK the date of termination, the tax imposed SD–215 of the Dirksen Senate Office THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED under subsection (a) for during such calendar STATES OFFICER FOR APPOINTMENT IN THE RESERVE year shall be equal to 7.75 percent. Building, to conduct a hearing entitled OF THE AIR FORCE TO THE GRADE INDICATED UNDER ‘‘(3) APPLICABLE INDIVIDUAL.—For purposes ‘‘Welfare and Poverty in America.’’ TITLE 10, U.S.C., SECTIONS 12203 AND 12212: of this subsection, the term ‘applicable indi- The PRESIDING OFFICER. Without To be brigadier general vidual’ means an individual enrolled in a pri- objection, it is so ordered. COL. HOWARD P. PURCELL vate disability insurance plan which satisfies COMMITTEE ON FOREIGN RELATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the following requirements: Mr. MCCONNELL. Mr. President, I IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ‘‘(A) The plan shall be subject to regula- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ask unanimous consent that the Com- To be brigadier general tion and oversight by the appropriate State mittee on Foreign Relations be author- insurance regulator. COL. ALLAN L. SWARTZMILLER ‘‘(B) The plan shall provide periodic pay- ized to meet during the session of the IN THE ARMY Senate on October 29, 2015, at 10 a.m., ments to the enrolled individual which, on THE FOLLOWING NAMED OFFICER FOR APPOINTMENT an annual basis, are equal to an amount that to conduct a hearing entitled ‘‘Nomina- IN THE UNITED STATES ARMY TO THE GRADE INDICATED is not less than 50 percent of the annual tions.’’ WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND wages paid to such individual during the pre- The PRESIDING OFFICER. Without RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general ceding calendar year. objection, it is so ordered. LT. GEN. DAVID D. HALVERSON ‘‘(C) The plan shall provide payments to COMMITTEE ON FOREIGN RELATIONS the enrolled individual for a period of 2 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. MCCONNELL. Mr. President, I years. IN THE UNITED STATES ARMY TO THE GRADE INDICATED ask unanimous consent that the Com- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ‘‘(D) The plan may not require the enrolled RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: individual to file an application for dis- mittee on Foreign Relations be author- To be lieutenant general ability insurance benefits under section 223 ized to meet during the session of the MAJ. GEN. KENNETH R. DAHL of the Social Security Act during the first 18 Senate on October 29, 2015, at 2:15 p.m., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT months in which such individual is provided to conduct a hearing entitled ‘‘Trea- IN THE UNITED STATES ARMY VETERINARY CORPS TO payments under such plan. ties.’’ THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- ‘‘(E) The plan may not require the enrolled The PRESIDING OFFICER. Without TIONS 3064 AND 3084: To be brigadier general individual to contribute to the payment of objection, it is so ordered. any insurance premiums for such plan. COL. ERIK H. TORRING III COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(F) The plan may, as a condition of re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND PENSIONS ceiving payments under such plan, require IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the enrolled individual to receive any med- Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ical treatment or vocational rehabilitation To be lieutenant general which has been determined as likely to im- mittee on Health, Education, Labor, prove the ability of such individual to return and Pensions be authorized to meet MAJ. GEN. THOMAS S. VANDAL THE FOLLOWING ARMY NATIONAL GUARD OF THE to employment. during the session of the Senate on Oc- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ‘‘(G) In the case of an individual who has tober 29, 2015, at 10 a.m., in room SD– SERVE OF THE ARMY TO THE GRADE INDICATED UNDER applied for disability insurance benefits fol- 430 of the Dirksen Senate Office Build- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be brigadier general lowing the period described in subparagraph ing to conduct a hearing entitled (D), the plan shall agree to provide the Com- ‘‘Mental Health and Substance Use Dis- COL. VALERIA GONZALEZ–KERR missioner of Social Security with any THE FOLLOWING ARMY NATIONAL GUARD OF THE records relevant to the disability determina- orders in America: Priorities, Chal- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- tion made under such plan for such indi- lenges, and Opportunities.’’ SERVE OF THE ARMY TO THE GRADE INDICATED UNDER The PRESIDING OFFICER. Without TITLE 10, U.S.C., SECTIONS 12203 AND 12211: vidual.’’. To be brigadier general (c) ASSISTANCE FROM DEPARTMENT OF objection, it is so ordered. COL. JOHN J. MORRIS LABOR.—The Secretary of the Department of COMMITTEE ON THE JUDICIARY Labor shall provide appropriate guidance and IN THE AIR FORCE Mr. MCCONNELL. Mr. President, I technical assistance to any State insurance ask unanimous consent that the Com- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED regulator that requests such guidance and STATES OFFICER FOR APPOINTMENT IN THE RESERVE assistance for purposes of regulation and mittee on the Judiciary be authorized OF THE AIR FORCE TO THE GRADE INDICATED UNDER oversight of private disability insurance to meet during the session of the Sen- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: plans described in sections 1401(d)(2) and ate on October 29, 2015, at 10 a.m. in To be major general 3111(f)(2) of the Social Security Act, as added room SD–226 of the Dirksen Senate Of- BRIG. GEN. STEPHEN E. MARKOVICH by this section. fice Building. IN THE ARMY (d) CONFORMING AMENDMENT.—Section The PRESIDING OFFICER. Without THE FOLLOWING ARMY NATIONAL GUARD OF THE 223(b) of the Social Security Act (42 U.S.C. objection, it is so ordered. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- 423(b)) is amended by adding at the end the SERVE OF THE ARMY TO THE GRADE INDICATED UNDER following: ‘‘An applicable individual (as de- SELECT COMMITTEE ON INTELLIGENCE TITLE 10, U.S.C., SECTIONS 12203 AND 12211: scribed in section 1401(d)(3) or section Mr. MCCONNELL. Mr. President, I To be brigadier general 3111(f)(3) of the Internal Revenue Code of ask unanimous consent that the Select COL. MARTA CARCANA
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IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JUDITH S. MEYERS, TO BE PEARED IN THE CONGRESSIONAL RECORD ON SEP- MAJOR. AIR FORCE NOMINATIONS BEGINNING WITH BRANDON TEMBER 9, 2015. ARMY NOMINATIONS BEGINNING WITH THOMAS W. R. ABEL AND ENDING WITH BRANDON A. ZUERCHER, AIR FORCE NOMINATIONS BEGINNING WITH ROBERT H. WISENBAUGH AND ENDING WITH HAROLD P. XENITELIS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ALEXANDER AND ENDING WITH JUSTIN DAVID WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 24, 2015. AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 9, 2015. AIR FORCE NOMINATIONS BEGINNING WITH MICHELLE ARMY NOMINATION OF MICHAEL A. BLAINE, TO BE SEPTEMBER 9, 2015. T. AARON AND ENDING WITH KIRK P. WINGER, WHICH COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE NAVY TEMBER 9, 2015. ARMY NOMINATION OF MATTHEW P. TARJICK, TO BE AIR FORCE NOMINATIONS BEGINNING WITH QUENTIN D. NAVY NOMINATION OF TERRY A. PETROPOULOS, TO BE BAGBY AND ENDING WITH MARY A. WORKMAN, WHICH LIEUTENANT COLONEL. LIEUTENANT COMMANDER.
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FOCUSING ON WORKING FAMILIES Specifically, this agenda would: raise the able energy demands of the United States. wage for millions, strengthen collective bar- Along with Northwest Florida scientists, Jerry SPEECH OF gaining and improve working conditions, pro- is testing the viability of carinata in Northwest HON. BARBARA LEE vide paid sick and family leave, and expand Florida and its potential use as a source of re- access to childcare. newable jet fuel. OF CALIFORNIA Furthermore, it would provide long overdue The Davis family farming tradition continues IN THE HOUSE OF REPRESENTATIVES protections for women and LGBT Americans today as his wife Patty and daughter Caitlynn Wednesday, October 28, 2015 in the workplace. are also active on the farm, which comprises Ms. LEE. Mr. Speaker, thank you, Con- And as a former small business owner, I cotton, peanuts, wheat, corn, soybeans, vege- gresswoman BONNIE WATSON COLEMAN, for know the importance and value of providing tables, livestock, and other crops. your tireless advocacy for working families. I’d your employees with a living wage: it’s better Aside from his agricultural contributions, also like to thank Ranking Member BOBBY for your company and for retaining good work- Jerry is known throughout his community for SCOTT for leading the way, as ranking member ers. his kind nature and willingness to help others. of the Education and Workforce Committee, Mr. Speaker, now is the time to take action Jerry has participated in 12 mission trips to and with this important agenda. on this agenda—families need it and our Central and South America, spreading his faith Let me start by telling Andre’s story. economy needs it. Let’s boost wages, make it and helping those in need, and every Thanks- Andre is from California, he’s 31 and a fa- easier for families to balance work and family giving, he and his family donate sweet pota- ther of four boys. He was a trained appren- life, and bring an end to workplace discrimina- toes that are included in a box of Thanks- ticed carpenter. tion. giving food that is provided to members of the When he began to look for work, he learned That’s what American families want—and Escambia and Santa Rosa counties in need. quickly that without a personal connection, it it’s what Congress should be working on. Despite his busy schedule, Jerry is always was nearly impossible to get a job in the con- f happy to promote Northwest Florida agri- struction industry. Every morning, he hustled culture and also has a very extensive civic re- to get to work sites by 5 AM to introduce him- RECOGNIZING JERRY DAVIS AS sume including serving as District I Florida self to employers and show them his skills. THE NORTHWEST FLORIDA AGRI- Farm Bureau Director since 2009, Santa Rosa Seldom did he receive the opportunity to ac- CULTURAL INNOVATOR OF THE County Farm Bureau President, Chairman of tually apply for a job. YEAR the Agricultural Research Committee for Cot- As a result, he could barely sustain his fam- ton Incorporated, a member of the Florida ily. Any income he had went to food, transpor- HON. JEFF MILLER Commissioner of Agriculture Peanut Advisory tation and rent. So, he began volunteering OF FLORIDA Committee, a member of the Southern Cotton with the Los Angeles Black Workers Center, IN THE HOUSE OF REPRESENTATIVES Growers Farm Bill Task Force, and a director which connected him to a good-paying job of the Florida and Southeastern Boll Weevil Thursday, October 29, 2015 building new rail lines that let him provide for Eradication Foundation, Inc. Board. his family. Mr. MILLER of Florida. Mr. Speaker, it is Mr. Speaker, Northwest Florida and our Na- The unemployment and underemployment with great pleasure that I rise to recognize Mr. tion share a proud agricultural tradition built by that Andre and other Black workers experi- Jerry Davis from Florida’s First Congressional the hard work of farmers and their families. ence is not unique. The use of informal net- District, for being selected as the Northwest The Northwest Florida Agricultural Innovator of works in hiring means that Black workers are Florida Agricultural Innovator of the Year. the Year Award is a reflection of Jerry’s tire- often excluded and discriminated against be- Jerry’s love of farming derives from his less work and dedication to improving farming fore they even get a shot. Andre said: ‘‘Too childhood, when he helped grow soybeans practices. On behalf of the United States Con- many people are out there talking about train- and wheat on his family’s farm. Since the be- gress, I would like to offer my congratulations ing, like we’re not trained enough. Training is ginning, Jerry has been an innovator in the to Jerry Davis for being outstanding in his not the issue. I was trained really well. The agricultural arena. By the time he was 20, he field. My wife Vicki and I extend our best wish- issue is access.’’ designed a seed conditioning plant to clean es to him and the Davis family for their contin- Andre is right—all the training in the world and bag seed for planting. In 1987, he be- ued success. won’t help if in the end, employers won’t give came involved in the testing of a crop simula- f people like Andre a fair shot. tion model developed by scientists in USDA’s And this agenda is designed to give Andre, Agricultural Research Services and Mississippi RECOGNIZING GUITARS FOR his family and all families, a fair chance. State and Clemson Universities. The model al- HEROES Andre’s struggle reflects the divide in our lowed participants to optimize inputs in relation economy and our country: while some have to weather, nitrogen, moisture stress, crop ma- HON. KENNY MARCHANT recovered fully from the Great Recession, too turity, growth resultants, and harvest aid mate- OF TEXAS many working families are still struggling. rials. As a result of this innovative project, IN THE HOUSE OF REPRESENTATIVES And in communities of color, which were the Jerry and the other participating growers saw hardest hit by the Great Recession, unemploy- net profits on test fields increase by more than Thursday, October 29, 2015 ment and underemployment remains sky- $30 per acre. Mr. MARCHANT. Mr. Speaker, I rise today high—and wage discrimination and formal and In the late 1990s, Jerry began expanding to recognize a special veterans program in informal barriers to employment continue to his farming operation from Santa Rosa County North Texas known as Guitars For Heroes. As slow economic growth. to Escambia County in Florida and Baldwin an initiative through the Recreation Therapy For example, African American women in and Hale counties in Alabama. At the time, he Services of the VA North Texas Health Care my home state of California still earn just 64 was the only peanut grower in Hale and one System, the program was founded in 2012 by cents for every dollar paid to white men. And of the first in Baldwin. Similarly, he was one of Fort Worth VA Outpatient Clinic Supervisor Latinas earn a mere 44 cents. This persistent the first farmers to grow 30-inch twin row pea- Donna Gerron with the objective of assisting wage gap is a reflection of our economy, nuts and use grid sampling and precision agri- veterans through music therapy. which is leaving too many working families be- culture to perfect his technique over thou- Guitars For Heroes provides veterans 12 hind—especially communities of color. sands of acres. sessions of free instruction, acoustic guitars, That’s why the Working Family Agenda is Most recently, Jerry has partnered with the and accessory kits with the intent of restoring so important. University of Florida, Institute of Food and Ag- joy and a renewed purpose in life. Veterans It takes long overdue steps to level the play- ricultural Sciences to grow carinata, a plant from all different backgrounds who are over- ing field for all. that has the potential to help meet the renew- coming traumatic experiences, depression, or
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
VerDate Sep 11 2014 02:40 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.001 E29OCPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1562 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2015 isolation have found solidarity and restoration on both local communities and the nation as Selfless Service, Honor, Integrity, and Per- through the program. a whole, this statement will be submitted. sonal Courage. For over three years, Guitars For Heroes f SGM Gibson has certainly accomplished has mentored veterans into becoming fine mu- many things in his life but none of this would sicians. I am pleased to announce that they IN RECOGNITION OF SERGEANT have been possible without the love and sup- will be performing at the Annual Veterans Fair MAJOR ALAN M. GIBSON port of his wife, Cheryl, and their three daugh- on November 7, 2015, in Grapevine, Texas. ters, Asia Rochelle, Alana Shantelle and Ariel This annual event, made possible by the tire- HON. SANFORD D. BISHOP, JR. Danae`. less work of dedicated personnel, helps intro- OF GEORGIA Mr. Speaker, today I ask my colleagues to duce veterans to important benefits, programs, IN THE HOUSE OF REPRESENTATIVES join me and my wife, Vivian, in extending our and services. It will be a privilege to have Gui- Thursday, October 29, 2015 sincerest gratitude and best wishes to Ser- tars For Heroes perform in front of the hun- geant Major Alan Gibson and his family, on dreds of attending veterans. Mr. BISHOP of Georgia. Mr. Speaker, I rise the occasion of his retirement from a stellar As a special acknowledgment, I am pleased today to recognize and commend Sergeant career of 32 years in the United States Army. Major Alan M. Gibson, the Division G3 Ser- to recognize each member of Guitars For He- f roes performing at the fair. These honorable geant Major for the 4th Infantry and Fort Car- veterans are Mike Andersen, James Benson, son, Colorado, who will be retiring from the RECOGNIZING THE HENDRICKS Steve Brenner, James Bullard, Rondal Burns, United States Army after 32 years of distin- FAMILY AS THE 2015 SANTA Keith Burrowes, Marco Garcia, Dujuan Jack- guished service to the United States of Amer- ROSA COUNTY, FLORIDA, OUT- son, Brian Michel, Frank Precure, Juan Reyes, ica. He will be honored at a retirement cere- STANDING FARM FAMILY OF Alfred Schram, Roy Vaughn, Glen Wilson, and mony on Friday, October 30, 2015 at Fort THE YEAR Bill Yohn. Benning, Georgia. Mr. Speaker, it is a pleasure to acknowl- A Georgia man through and through, Ser- HON. JEFF MILLER edge the success of Guitars For Heroes, and geant Major Alan Gibson is originally from Co- OF FLORIDA I ask all of my distinguished colleagues to join lumbus, Georgia and graduated from Morris IN THE HOUSE OF REPRESENTATIVES me in recognizing this special program. Brown College in Atlanta, where he earned a Thursday, October 29, 2015 f Bachelor of Science degree in Therapeutic Recreation/Kinesiology in 1982. He is currently Mr. MILLER of Florida. Mr. Speaker, it is RECOGNIZING OCTOBER 29, 2015 AS working on a Master’s degree from Central with great pleasure that I rise to recognize the DIRECT SELLING DAY Michigan University. SGM Gibson joined the Hendricks Family from Jay, Florida, for being United States Army in October 1983 and com- selected as the 2015 Santa Rosa County, HON. MARC A. VEASEY pleted basic training at Fort McClelland, Ala- Florida, Outstanding Farm Family of the Year. OF TEXAS bama and Advanced Individual Training at A fourth generation farmer, Rick Hendricks IN THE HOUSE OF REPRESENTATIVES Fort Benning, Georgia. In his first assignment, was only six years old when he first began to Thursday, October 29, 2015 he served as an Infantryman in the Berlin Bri- work on the farm alongside his father, B.D. By Mr. VEASEY. Mr. Speaker, I rise to recog- gade from March 1984 to October 1985. the age of 12, he had graduated to using a After departing Berlin, Germany, SGM Gib- nize today, October 29, 2015, as Direct Selling selective tractor, and as a teenager, he son attended Airborne School and the Ranger Day. worked on the farm after school and athletic For years, the direct selling industry has Indoctrination Program (RIP) prior to being as- practices before going off to college at Living- made a significant impact on both families and signed to 3rd Battalion, 75th Ranger Regi- ston University. Rick played football at Living- the economy in Texas and across the nation. ment, at Fort Benning while he served as a ston before his love of the farm brought him Today, more than 18 million Americans, Rifleman, Team Leader, and Squad Leader home. hailing from every state, Congressional district from October 1985 to April 1989. In fact, he During Rick’s farming career, several and community in the United States, are in- would return to Fort Benning several times changes have taken place in the agricultural volved in direct selling. throughout his career. He also served in nu- industry, and he has witnessed and experi- For many individuals, direct selling is one of merous leadership and staff positions at Fort enced the new picker/balers, as well as the most flexible businesses there is, and in Myer, Virginia; Yongsan, Korea; Fort Monroe, changes in cotton and peanut production today’s busy world having an opportunity to Virginia; and Fort Leavenworth, Kansas, equipment from two-row to six-row. Over the work at one’s own pace and earn additional where he was the Sergeant Major for the Cen- years, the Hendricks’ family farm has grown income is beneficial and convenient when indi- ter for Army Leadership for the Combined and incorporated new technology, and today, viduals are trying to balance work with family Arms Center (CAC). in addition to his own farming operation, Rick and other priorities. SGM Gibson served four combat tours, in- manages Hendricks and Son Farms, Inc. and Out of the more than 18 million Americans cluding Operation Just Cause in Panama; Op- B.D. Hendricks Farm, which in total covers involved in direct selling, more than two million eration Iraqi Freedom 1 in Iraq; Operation En- 2,250 acres and includes 200 brood cows and reside in Texas. Many of the residents I rep- during Freedom (OEF 13–14) in Afghanistan; row crops of cotton, peanuts, and hay. resent in Dallas and Fort Worth chose direct and he deployed in support of Operation En- To Rick, his wife Nina of 27 years, and their selling to provide economic security for their during Freedom in Kuwait. children, Brandt, Rush, and Tessa, farming is families. SGM Gibson is a highly decorated non-com- an investment in their future. It is Rick’s hope, Their efforts contribute more than $34 mil- missioned Army officer. His numerous awards that the value of hard work instilled in him by lion to the U.S. economy, helping individuals and decorations include the Bronze Star his parents, will also create the strong founda- build their businesses while supporting their Medal with V devices, Bronze Star w/ 1OLC, tion for future success for his children. It is local and national economies. Purple Heart, Meritorious Service Medal, Com- also truly a family affair, and today the Hen- As the economy continues to change and bat Infantryman Badge (2nd Award), Expert dricks family farm is also operated by Rick’s place more emphasis on flexibility, the direct Infantryman Badge, Master Parachutist Badge sister, Vicki; nephews, Tanner and Todd; as selling industry will continue to grow and pros- with Bronze Star, Pathfinder Badge, Aviation well as full time employee, Dylan Barnes. per. Crewmember Badge, Canadian Parachutist In addition to the hours spent on the farm, It is clear that the direct selling companies Badge, German Schutzenschnur Badge (Sil- Rick has served as a member and advisor of across Texas and around the country are ver), and the coveted Ranger Tab, among many organizations including terms as Presi- committed to helping the next generation of many others. SGM Gibson also was awarded dent of the Board for Santa Rosa County American entrepreneurs. Since its founding in the Order of Saint Maurice (Infantry), and Farm Bureau and the Jay Peanut Farmers Co- September 2015, the Direct Sellers Caucus Order of The Combat Spurs (Cavalry). operative. has worked to build greater awareness of di- On a personal note, I am proud to call SGM Mr. Speaker, Northwest Florida and our Na- rect selling and discuss policy issues relevant Alan Gibson my friend. I have witnessed first- tion share a proud agricultural tradition built by to the industry, ensuring that these companies hand his compassionate leadership and his the hard work of farmers and their families. can continue to make an impact on the lives enduring dedication to our great nation. The Santa Rosa County Outstanding Farm of those involved. Throughout his distinguished career, SGM Family of the Year Award is a reflection of In honor of the Direct Sellers Association’s Gibson has consistently exhibited the Seven Rick and his family’s tireless work and dedica- day on the Hill and the impact the industry has Core Army Values of Loyalty, Duty, Respect, tion. On behalf of the United States Congress,
VerDate Sep 11 2014 02:40 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.002 E29OCPT1 emcdonald on DSK67QTVN1PROD with REMARKS October 29, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1563 I would like to offer my congratulations to the Master Sergeant Williams, thank you for all inspiration for Congress and the nation, and Hendricks Family for being outstanding in their your years of service to the United States; you was a clear crowning achievement for Speak- field. My wife Vicki and I extend our best wish- have the deepest gratitude of a thankful na- er BOEHNER. es for their continued success. tion. As you are surely aware, the Marine It is clearly evident by his record that f Corps and the United States are proud of all Speaker BOEHNER has been one of the most that you have accomplished for our safety and instrumental and effective members to ever CONGRATULATING VICTOR security as well as the safety and security of serve in this body. However, I must tell you MORENO ON HIS RETIREMENT our international allies abroad. Thank you very that in my opinion, he is an even better person much (mahalo nui loa) for your devotion and than he is a Member of Congress. JOHN HON. CHERI BUSTOS patriotism to our country. BOEHNER, and his wife Debbie, have become OF ILLINOIS f close and dear friends of mine. I will always value their friendship, support, and words of IN THE HOUSE OF REPRESENTATIVES SPEAKER BOEHNER TRIBUTE encouragement. Thursday, October 29, 2015 Thank you, Speaker JOHN BOEHNER, for Mrs. BUSTOS. Mr. Speaker, I rise today to HON. KEN CALVERT your service as a happy warrior. Godspeed, congratulate Victor Moreno on his retirement OF CALIFORNIA old pal. from serving as Chief of Police for East Moline IN THE HOUSE OF REPRESENTATIVES Police Department. Victor is rightfully being f honored by the East Moline Police Department Thursday, October 29, 2015 CONGRATULATING THE UNIVER- for his longstanding dedication to the commu- Mr. CALVERT. Mr. Speaker, it is my honor SITY OF CENTRAL FLORIDA, 2015 nity. and privilege to pay tribute to my friend, JOHN NATIONAL COLLEGIATE CYBER Victor has served a total of 26 years with BOEHNER, who has proudly served as Speaker DEFENSE COMPETITION NA- the department. He has been Chief of Police of the House of Representatives since Janu- TIONAL CHAMPIONS since 2004 and has given so much comfort to ary 5, 2011. the community with his dedication to public As many people know, Speaker BOEHNER is safety. Victor has held himself to the highest the son of a bartender and one of 12 children. HON. ALAN GRAYSON moral standard. The people of southwest Ohio have elected OF FLORIDA Victor has enriched the lives of all those him to serve as their Representative in the IN THE HOUSE OF REPRESENTATIVES around him. Fortunately, he will continue to House on thirteen separate occasions. Thursday, October 29, 2015 serve his community by teaching law enforce- During his service in the House, Speaker ment and public safety at United Township BOEHNER has distinguished himself by regu- Mr. GRAYSON. Mr. Speaker, I rise today to High School. larly stepping forward to tackle important chal- congratulate the University of Central Florida’s Mr. Speaker, I would like to thank Victor for lenges facing his Ohio constituents and the Collegiate Cyber Defense Club, for winning his commitment to the East Moline Commu- country. the National Collegiate Cyber Defense Com- nity. I congratulate him again on his well- JOHN BOEHNER was elected to serve as petition this past April. They beat nine other earned retirement and wish him luck in his fu- House GOP Conference Chairman following teams to become national champions for the ture endeavors. the election of a historic Republican majority in second year in a row. f 1992. As Conference Chairman, BOEHNER The club, also known as Hack@UCF, was played a key role in the adoption of the Bal- created in 2012 by students who wanted to CONGRATULATING MASTER SER- anced Budget Act, which limited spending, compete in regional and national cyber de- GEANT DANIEL LIND WILLIAMS helped grow the economy, and resulted in the fense competitions. The competition, orga- ON HIS RETIREMENT FROM THE first budget surplus in decades. He played a nized by the Center for Infrastructure Assur- MARINE CORPS central role in shaping and fulfilling the Con- ance and Security, is the nation’s most pres- tract with America. tigious collegiate data defense competition. HON. MARK TAKAI Later while serving as Chairman of the Ten regional contests around the country in- OF HAWAII House Education and Workforce Committee, cluded roughly 200 teams consisting of more than 2,400 students. The winning students IN THE HOUSE OF REPRESENTATIVES BOEHNER co-wrote the bill establishing the first private school choice program in the District of are, Alexander Davis, Andres Giron, Austin Thursday, October 29, 2015 Columbia, and worked to ensure historic pa- Brogle, Carlos Beltran, Conner Brooks, Jason Mr. TAKAI. Mr. Speaker, on behalf of myself rental choice provisions were included in the Cooper, Jonathan Lundstrom, Kevin Colley, and Congresswoman TAMMY DUCKWORTH, I bipartisan No Child Left Behind Act. Kevin DiClemente, Nathan Dennis, Shane would like to take the time today to recognize In 2007, JOHN was chosen by his Repub- Welch, and Tyler Dever. Master Sergeant Daniel Lind Williams, an lican colleagues to serve as the House Re- It is my pleasure to recognize the University American patriot who has devoted his career publican Leader. In that role, he led the of Central Florida and the students of the Col- to working in the United States Marine Corps. charge and a unified Republican Conference legiate Cyber Defense Club for winning its In 1995, Master Sergeant Williams joined in opposition to job-killing bills like ObamaCare second national championship. I congratulate the Marine Corps and has served honorably and a cap-and-trade energy tax, as well as the the hard-working faculty and outstanding stu- as a Marine ever since. Starting as a training opposition to the wasteful Obama-Pelosi eco- dents that make the University a destination instructor, he was responsible for range nomic stimulus bill of 2009. for our nation’s best and brightest minds. Go scheduling and marksmanship. He was award- As Speaker of the House, JOHN BOEHNER Knights. ed the Navy and Marine Corps Achievement has continued his legacy of reform. The Medal for high standards of professionalism as House has enacted landmark changes that in- f a junior Marine and has been decorated with crease transparency and give Americans ac- PERSONAL EXPLANATION numerous commendations since, including the cess to data and information that it never had Bronze Star. before. Speaker BOEHNER also oversaw the Throughout his career working in counter- first meaningful change to entitlement pro- HON. RICHARD HUDSON intelligence and in special operations he has grams in many years as well as significant re- OF NORTH CAROLINA worked on a variety of vital projects leading to ductions to the reckless spending levels that IN THE HOUSE OF REPRESENTATIVES a more stable Afghanistan and Iraq. From as- became the norm under the previous Demo- Thursday, October 29, 2015 sisting with the re-opening of the U.S. Em- cratic majority. bassy in Kabul, Afghanistan, to working as a Earlier this year, Speaker BOEHNER’s long- Mr. HUDSON. Mr. Speaker, on October 28, counterintelligence representative to the in- time goal of having a Pope address Congress 2015 I was attending a family member’s fu- terim Iraqi Government, he has worked to en- for the first time was realized when Pope neral and missed votes. Had I been present, sure that the society that we live in today is a Francis addressed a Joint Meeting of Con- I would have voted Aye on Roll Call 577, Aye safer one. gress. That historic address was a source of on Roll Call 578, and Nay on Roll Call 579.
VerDate Sep 11 2014 02:40 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K29OC8.002 E29OCPT1 emcdonald on DSK67QTVN1PROD with REMARKS E1564 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 2015 NATIONAL FARM TO SCHOOL ington home last week at the age of ninety- CONGRATULATING DAVIS & MONTH nine. It is especially sad that we will not be ELKINS COLLEGE able to celebrate his 100th birthday at Edwall HON. MARCY KAPTUR Park in August. Washington State lost a pas- HON. ALEXANDER X. MOONEY OF OHIO sionate leader, one who faithfully served his OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES community and the people of Northeastern IN THE HOUSE OF REPRESENTATIVES Thursday, October 29, 2015 Washington. Thursday, October 29, 2015 Ms. KAPTUR. Mr. Speaker, October is Na- Before serving in the state legislature, Sen- Mr. MOONEY of West Virginia. Mr. Speak- tional Farm to School Month, an important op- ator Barr grew wheat and raised cattle near er, I would like to congratulate Davis & Elkins College in Elkins, West Virginia for their recent portunity to celebrate the close connection be- Edwall, Washington. His experience as a acceptance into the Museum Assessment Pro- tween local schools and local food in commu- farmer encouraged him to become more in- gram (MAP). This program will help develop nities throughout the country. Farm to School volved in his local community, culminating in initiatives play an important role in growing and improve the College’s already outstanding his run for a seat in Washington’s 7th Legisla- collection, which includes pieces from Native that connection, improving child nutrition, sup- tive District. In 1976, Senator Barr was elected porting local jobs and economies, and edu- American history, to traditional Appalachian to the Washington State House of Represent- cating the next generation about the sources culture, and showcases West Virginia’s rich of their food. atives where he served for seven years before history. This accomplishment required the Many of our rural communities are strug- being elected to the Washington State Senate. hard work and dedication of the students, fac- gling. Meanwhile, access to affordable, nutri- In the Senate, Senator Barr was a tireless ulty, and staff of Davis & Elkins College. It tious food continues to be a challenge for champion for Northeastern Washington, focus- makes me proud to see colleges like Davis & many inner city communities. With these ing on issues closest to his constituents, agri- Elkins thriving. I wish everyone involved with trends at work, it will be especially important culture and natural resources. It was often this great achievement the best in their future studies and careers. to grow our Farm to School initiatives. One said that if three people were gathered at a such initiative in Sandusky, Ohio connects stu- meeting in the 7th Legislative District, Senator f dents and their families with fresh, healthy Barr would be one of them. HONORING MR. RONALD S. food and local food producers. These pro- MOULTRIE grams are vitally important because they Throughout his career, Senator Barr served bridge the gap between rural and urban com- as the Chairman of the Senate Committee on HON. C.A. DUTCH RUPPERSBERGER munities and help build local food systems Agriculture and the Western States Legislative OF MARYLAND that provide food security and independence. Forestry Task Force, co-chaired the Joint Se- IN THE HOUSE OF REPRESENTATIVES It is no wonder that Farm to School pro- lect Committee on Water Resource Policy, Thursday, October 29, 2015 grams are cropping up all over the country, and served as the Ranking Republican Mem- today reaching more than 40,000 schools and ber on the Agriculture and Ecology and the Mr. RUPPERSBERGER. Mr. Speaker, I rise over 25.5 million students. Here are the out- Parks committees. In December 1993, Sen- before you today to honor Ronald S. Moultrie, comes: ator Scott Barr announced his retirement from a United States Intelligence Officer for the Na- For Farmers: Growing sales opportunities. tional Security Agency (NSA), on the occasion the Washington State Senate, at the age of Reliable demand. Expanded community inter- of his retirement. Mr. Moultrie has honorably est in local foods. seventy-seven. Even after his retirement, Sen- served our country for over 36 years, including For Schools: Reduction in child obesity; ator Barr continued to be a champion for the time spent in the United States Air Force and fresh and local food options that increase par- 7th Legislative District, working to preserve the the Central Intelligence Agency. ticipation rates in school food programs, there- way of life that those in his community enjoy. Throughout his illustrious career, Mr. by boosting revenues. Senator Barr served as the president of the Moultrie’s most notable position was his ten- For the Community: Keeps food dollars in Washington Association of Wheat Growers, ure as Director of the Signals Intelligence Di- the community; ensures healthy local farms rectorate (SIGINT) program at NSA. As Direc- headed up the Expo Food and Soil Associa- that provide jobs, pay taxes, and protect work- tor, he led a civilian and military workforce, tion, and supported youth development ing agricultural land. while effectively guiding the integration and Mr. Speaker, America’s Farm to School pro- through local 4–H programs. Senator Barr was transformation of SIGINT reporting, dissemina- grams are a win-win-win scenario. also instrumental in ensuring 4–H programs tion, and collection capabilities. So as we conclude this month long celebra- continued to function and thrive throughout His duties at NSA led him to be a key voice tion, I urge my colleagues in the House to Washington State. Before running for the state in global operational activities of critical impor- support H.R. 1061, The Farm To School Act legislature, Senator Barr was also a key advo- tance to the Department of Defense and the of 2015 introduced by Congressman FORTEN- cate on behalf of the Lincoln County Con- Intelligence Community. He is considered to BERRY, which reauthorizes Farm to School servation District. be one of NSA’s foremost active senior execu- programs through FY 2021 and allows land tives, with a strong focus on diversity efforts. grant colleges and universities to participate On a personal level, Scott was a friend and Throughout Mr. Moultrie’s career he has as well. a role model, not only to me but to everyone been awarded numerous honors including, the Connecting our nation’s schools to locally serving in Eastern Washington and across our USAF Meritorious Service Medal (1983), De- produced nutritious foods is not a partisan state. Scott desired to better the lives of those fense Meritorious Service Medal (1986), NSA issue. It affects both Democratic and Repub- around him and to support young people in Meritorious Civilian Service Award (1996, lican districts. The House has an opportunity order that they may reach their full potential. 1998), NSA Exceptional Civilian Service to act on this pressing matter with dispatch Even in his late nineties, Scott had a con- Award (2000, 2001, 2015), NSA Director’s today. I suggest we take it. tagious energy and excitement for life—he Distinguished Service Medal (2004), National f was committed to giving back and remained Intelligence Superior Service Medal (2008), Presidential Rank Award: Meritorious Execu- active in his community. CELEBRATING THE LIFE OF tive (2011), and the National Intelligence Dis- FORMER WASHINGTON STATE I rise to thank Senator Scott Barr for his tinguished Service Medal (2014). SENATOR SCOTT BARR years of service to Northeastern Washington. Mr. Moultrie graduated from the University He leaves behind a legacy in leadership and of Maryland, College Park Magna Cum Laude HON. CATHY McMORRIS RODGERS devotion to his community and will be remem- with a Bachelor of Arts. He then attended the OF WASHINGTON bered for his commitment to issues close to Defense Intelligence College, where he IN THE HOUSE OF REPRESENTATIVES the hearts of the people of Washington State. earned a Master’s of Science. Subsequently, he enrolled at the Federal Executive Institute My thoughts and prayers remain with his wife, Thursday, October 29, 2015 and later became an Intelligence Fellow at the Dollie Mae, his children, and other family Mrs. MCMORRIS RODGERS. Mr. Speaker, Harvard University Kennedy School of Busi- I rise today to honor my close mentor and members and friends. Washington State lost a ness. friend, former Washington State Senator Scott truly dedicated and passionate leader. He will Mr. Moultrie is married and lives with his Barr, who passed away in his Colville, Wash- be missed. wife near Annapolis, Maryland where they are
VerDate Sep 11 2014 02:40 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.008 E29OCPT1 emcdonald on DSK67QTVN1PROD with REMARKS October 29, 2015 CONGRESSIONAL RECORD — Extensions of Remarks E1565 notable philanthropists. Mr. Moultrie is also a The economic impacts on the families of IN RECOGNITION OF THE DEEP blood donor and a proud member of NSA’s those with Down syndrome are also stag- LOSS BEING EXPERIENCED BY Red Cross 10-Gallon Club. gering. Medical care costs for children in their NEW MEXICAN COMMUNITIES Mr. Speaker, I ask that you join with me first four years are twelve times higher than DUE TO THE DEATH OF LILLY today to honor Mr. Moultrie and his lifelong the costs associated with a child without Down GARCIA dedicated service to the United States govern- syndrome. Nearly 40 percent of families have ment and the Intelligence Community. It is HON. BEN RAY LUJA´ N with great pride that I congratulate Mr. suffered a financial setback or have forced a OF NEW MEXICO Moultrie on his retirement and wish him the family member to stop working because of the IN THE HOUSE OF REPRESENTATIVES best of luck in all his future endeavors. child’s condition. f Progress has been made in some areas Thursday, October 29, 2015 ´ RECOGNIZING OCTOBER AS DOWN that impact individuals with Down syndrome. Mr. BEN RAY LUJAN of New Mexico. Mr. SYNDROME AWARENESS MONTH The life expectancy for individuals with this Speaker, I rise today to express the sorrow disability has greatly increased. The 21st Cen- and profound loss that is being felt in commu- tury Cures Act, a bipartisan bill that passed nities across New Mexico following a heinous HON. EDDIE BERNICE JOHNSON act of violence that took the life of an innocent OF TEXAS the House of Representatives earlier this ses- young girl. IN THE HOUSE OF REPRESENTATIVES sion, provides additional funding to the Na- Four year-old Lilly Garcia was in the back tional Institute of Health for medical research Thursday, October 29, 2015 seat of her car with her family, when in a case that one day may move the needle of innova- Ms. EDDIE BERNICE JOHNSON of Texas. of road rage, a bullet that was fired at her car, Mr. Speaker, I am very pleased today to rec- tion in research and treatment forward enough hit her, and killed her. This senseless violence ognize October as Down Syndrome Aware- to improve the lives of individuals with Down was shocking and heartbreaking. It has shak- ness Month. Down syndrome is a congenital syndrome. en our community to its core. We cannot turn disorder arising from a chromosome defect, I am pleased to recognize the 400,000 a blind eye to violence like this. Sadly this likely a full or partial copy of chromosome 21. Americans with Down syndrome and the fami- story of violence is not unique. This defect causes intellectual impairment and lies who have sacrificed so that these individ- In Rio Rancho we lost Officer Gregg Benner who was shot and killed in the line of duty, physical abnormalities. uals can live their lives to the fullest. Approximately 1 in 700 babies in the United and in Albuquerque, Officer Daniel Webster States are born with Down syndrome. Infants died this week after he too was shot in the line with Down syndrome are more likely to have of duty. We must have a real discussion about other medical issues such as hearing loss, how we address the violence that has taken heart defects, and various eye diseases. Fur- the lives of too many loved ones, and only by thermore, African American infants born with coming together as a community can we make Down syndrome have a lower chance of sur- a change. viving past the first year of life than infants My heart goes out to the family of Lilly Gar- with Down syndrome from other racial and cia and all those who have lost someone they ethnic backgrounds. love to violence.
VerDate Sep 11 2014 02:40 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29OC8.011 E29OCPT1 emcdonald on DSK67QTVN1PROD with REMARKS Thursday, October 29, 2015 Daily Digest Senate the following motions and amendments proposed Chamber Action thereto: Pages S7604–21, S7622–24, S7625–52 Routine Proceedings, pages S7601–S7664 Pending: Measures Introduced: Eight bills were introduced, McConnell motion to concur in the amendment of as follows: S. 2217–2224. Pages S7654–55 the House of Representatives to the amendment of the Senate to the bill. Page S7604 Measures Reported: McConnell motion to concur in the amendment of S. 1324, to require the Administrator of the Envi- the House of Representatives to the amendment of ronmental Protection Agency to fulfill certain re- the Senate to the bill, with McConnell Amendment quirements before regulating standards of perform- No. 2750, to change the enactment date. Page S7604 ance for new, modified, and reconstructed fossil fuel- McConnell Amendment No. 2751 (to Amend- fired electric utility generating units. (S. Rept. No. ment No. 2750), of a perfecting nature. Page S7604 114–159) McConnell motion to refer the amendment of the S. 1500, to clarify Congressional intent regarding House of Representatives to the amendment of the the regulation of the use of pesticides in or near nav- Senate to the bill, to the Committee on Finance, igable waters. (S. Rept. No. 114–160) with instructions, McConnell Amendment No. Report to accompany S. 1523, to amend the Fed- 2752, to change the enactment date. Page S7604 eral Water Pollution Control Act to reauthorize the McConnell Amendment No. 2753 (to (the in- National Estuary Program. (S. Rept. No. 114–161) structions) Amendment No. 2752), of a perfecting Page S7654 nature. Page S7604 Measures Passed: McConnell Amendment No. 2754 (to Amend- Homeless Veterans Services Protection Act: Com- ment No. 2753), of a perfecting nature. Page S7604 mittee on Veterans’ Affairs was discharged from fur- A unanimous-consent agreement was reached pro- ther consideration of S. 1731, to amend title 38, viding for further consideration of the amendment of United States Code, to waive the minimum period the House of Representatives to the amendment of of continuous active duty in the Armed Forces for the Senate to the bill at approximately 12:01 a.m., receipt of certain benefits for homeless veterans, to on Friday, October 30, 2015, with the time until authorize the Secretary of Veterans Affairs to furnish 1:01 a.m., equally divided between the two Leaders, such benefits to homeless veterans with discharges or or their designees. Page S7642 releases from service in the Armed Forces with other Nominations Confirmed: Senate confirmed the fol- than dishonorable conditions, and the bill was then lowing nominations: passed, after agreeing to the following amendment Edward L. Gilmore, of Illinois, to be United proposed thereto: Pages S7621–22 States Marshal for the Northern District of Illinois Murray (for Heller) Amendment No. 2760, to au- for the term of four years. Page S7663 thorize per diem payments under comprehensive 4 Air Force nominations in the rank of general. service programs for homeless veterans to furnish 7 Army nominations in the rank of general. care to dependents of homeless veterans. Page S7622 Routine lists in the Air Force, Army, and Navy. House Messages: Pages S7663–64 Bipartisan Budget Act—Agreement: Senate con- Messages from the House: Page S7654 tinued consideration of the amendment of the House Measures Referred: Page S7654 of Representatives to the amendment of the Senate Measures Placed on the Calendar: to H.R. 1314, to amend the Internal Revenue Code Pages S7602, S7642, S7654 of 1986 to provide for a right to an administrative appeal relating to adverse determinations of tax-ex- Executive Reports of Committees: Page S7654 empt status of certain organizations, taking action on Additional Cosponsors: Pages S7655–56 D1152
VerDate Sep 11 2014 06:18 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29OC5.REC D29OCPT1 emcdonald on DSK67QTVN1PROD with DIGEST October 29, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D1153 Statements on Introduced Bills/Resolutions: the Swiss Confederation for the Avoidance of Double Additional Statements: Pages S7653–54 Taxation with Respect to Taxes on Income, signed at Washington on October 2, 1996, signed on Sep- Amendments Submitted: Pages S7656–63 tember 23, 2009, at Washington, as corrected by an Authorities for Committees to Meet: Page S7663 exchange of notes effected November 16, 2010 and Adjournment: Senate convened at 10 a.m. and ad- a related agreement effected by an exchange of notes journed at 10:07 p.m., until 12:01 a.m. on Friday, on September 23, 2009 (Treaty Doc. 112–01), pro- October 30, 2015. (For Senate’s program, see the re- tocol Amending the Convention between the Gov- marks of the Majority Leader in today’s Record on ernment of the United States of America and the page S7642.) Government of the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Preven- Committee Meetings tion of Fiscal Evasion with Respect to Taxes on In- come and Capital, signed on May 20, 2009, at Lux- (Committees not listed did not meet) embourg (the ‘‘proposed Protocol’’) and a related agreement effected by the exchange of notes also DEFENSE STRATEGY AND FORCE signed on May 20, 2009 (Treaty Doc. 111–08), con- STRUCTURE vention between the Government of the United Committee on Armed Services: Committee concluded a States of America and the Government of the Re- hearing to examine alternative approaches to defense public of Hungary for the Avoidance of Double Tax- strategy and force structure, after receiving testimony ation and the Prevention of Fiscal Evasion with Re- from Thomas M. Donnelly, American Enterprise In- spect to Taxes on Income, signed on February 4, stitute Marilyn Ware Center for Security Studies, 2010, at Budapest (the ‘‘proposed Convention’’) and Shawn Brimley, Center for a New American Secu- a related agreement effected by an exchange of notes rity, Andrew F. Krepinevich, Center for Strategic on February 4, 2010 (Treaty Doc. 111–07), the Con- and Budgetary Assessments, Christopher A. Preble, vention between the Government of the United Cato Institute, and Dakota L. Wood, The Heritage States of America and the Government of the Re- Foundation, all of Washington, D.C. public of Chile for the Avoidance of Double Tax- WELFARE AND POVERTY IN AMERICA ation and the Prevention of Fiscal Evasion with Re- Committee on Finance: Committee concluded a hearing spect to Taxes on Income and Capital, signed in to examine welfare and poverty in America, after re- Washington on February 4, 2010, with a Protocol ceiving testimony from Jon S. Pierpont, Utah De- signed the same day, as corrected by exchanges of partment of Workforce Services Executive Director, notes effected February 25, 2011, and February 10 Salt Lake City; Pamela Loprest, Urban Institute, and and 21, 2012, and a related agreement effected by Aretha J. Jackson, America Works, both of Wash- exchange of notes (the ‘‘related Agreement’’) on Feb- ington, D.C.; and H. Luke Shaefer, University of ruary 4, 2010 (Treaty Doc. 112–08), the Protocol Michigan Gerald R. Ford School of Public Policy Amending the Convention on Mutual Administra- School of Social Work, Ann Arbor. tive Assistance in Tax Matters, done at Paris on May 27, 2010 (the ‘‘proposed Protocol’’), which was NOMINATIONS signed by the United States on May 27, 2010 (Trea- Committee on Foreign Relations: Committee concluded ty Doc. 112–05), the Protocol Amending the Con- a hearing to examine the nomination of Thomas A. vention between the United States of America and Shannon, Jr., of Virginia, to be an Under Secretary the Kingdom of Spain for the Avoidance of Double of State (Political Affairs), and Laura S. H. Holgate, Taxation and the Prevention of Fiscal Evasion with of Virginia, to be the Representative of the United Respect to Taxes on Income and its Protocol, signed States of America to the International Atomic En- at Madrid on February 22, 1990 (Treaty Doc. ergy Agency, with the rank of Ambassador, and to 113–04), the Convention between the United States be Representative of the United States of America to of America and the Republic of Poland for the the Vienna Office of the United Nations, with the Avoidance of Double Taxation and the Prevention of rank of Ambassador, after the nominees testified and Fiscal Evasion with Respect to Taxes on Income, answered questions in their own behalf. signed on February 13, 2013, at Warsaw (Treaty TREATIES Doc. 113–05), and the Protocol Amending the Con- Committee on Foreign Relations: Committee concluded vention between the Government of the United a hearing to examine protocol Amending the Con- States of America and the Government of Japan for vention between the United States of America and
VerDate Sep 11 2014 06:18 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29OC5.REC D29OCPT1 emcdonald on DSK67QTVN1PROD with DIGEST D1154 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 2015 the Avoidance of Double Taxation and the Preven- ministrator, Health Resources and Services Adminis- tion of Fiscal Evasion with respect to Taxes on In- tration, and Thomas Insel, Director, National Insti- come and a related agreement entered into by an ex- tute of Mental Health, National Institutes of Health, change of notes (together the ‘‘proposed Protocol’’), all of the Department of Health and Human Serv- both signed on January 24, 2013, at Washington, ices. together with correcting notes exchanged March 9 and March 29, 2013 (Treaty Doc. 114–01), after re- BUSINESS MEETING ceiving testimony from Robert B. Stack, Deputy As- Committee on the Judiciary: Committee ordered favor- sistant Secretary of the Treasury for International ably reported the nominations of Brian R. Tax Affairs; and Thomas A. Barthold, Chief of Staff, Martinotti, to be a United States District Judge for Joint Committee on Taxation. the District of New Jersey, Robert F. Rossiter, Jr., to be United States District Judge for the District MENTAL HEALTH AND SUBSTANCE USE of Nebraska, and Edward L. Stanton III, to be DISORDERS United States District Judge for the Western Dis- Committee on Health, Education, Labor, and Pensions: trict of Tennessee. Committee concluded a hearing to examine mental health and substance use disorders in America, focus- INTELLIGENCE ing on priorities, challenges, and opportunities, after Select Committee on Intelligence: Committee held closed receiving testimony from Kana Enomoto, Acting hearings on intelligence matters, receiving testimony Administrator, Substance Abuse and Mental Health from officials of the intelligence community. Services Administration, James Macrae, Acting Ad- Committee recessed subject to the call. h House of Representatives pointed Representatives Miller (MI), Brady (PA), Chamber Action Kaptur, and Ros-Lehtinen to act as Tellers. Public Bills and Resolutions Introduced: 11 pub- Pages H7337–38 lic bills, H.R. 3857–3867; and 5 resolutions, H. Escort Committee: The Chair appointed the fol- Con. Res. 89; and H. Res. 503–506 were intro- lowing committee to escort the Speaker-elect to the duced. Pages H7346–47 Chair: Representatives McCarthy, Pelosi, Scalise, Additional Cosponsors: Page H7347 Hoyer, McMorris Rodgers, Clyburn, Walden, Report Filed: A report was filed today as follows: Becerra, Messer, Crowley, Jenkins (KS), Israel, Foxx, H.R. 3763, to authorize funds for Federal-aid Ben Ray Luja´n (NM), Wagner, DeLauro, Edwards, highways, highway safety programs, and transit pro- Sessions, Van Hollen, McHenry, and Mimi Walters grams, and for other purposes, with an amendment (CA); and the members of the Wisconsin delegation: (H. Rept. 114–318). Page H7346 Representatives Sensenbrenner, Kind, Moore, Duffy, Ribble, Pocan, and Grothman. Page H7338 Guest Chaplain: The prayer was offered by the Guest Chaplain, Monsignor Donn Heiar, St. John Administration of the Oath of Office: The Dean Vianney Catholic Church, Janesville, Wisconsin. of the House, the Honorable John Conyers, Jr., ad- Page H7335 ministered the oath of office to the Speaker. Page H7340 Call of the House: On the Call of the House, 421 Members reported their presence, Roll No. 580. Notify the President of the Election of the Page H7335 Speaker: The House agreed to H. Res. 503, in- structing the Clerk to inform the President of the Election of Speaker: The Honorable Paul D. Ryan election of the Speaker. Page H7340 of Wisconsin was elected Speaker of the House of Representatives and received 236 votes. The Honor- Notify the Senate of the Election of the Speaker: able Nancy Pelosi received 184 votes, The Honorable The House agreed to H. Res. 504, instructing the Daniel Webster (FL) received 9 votes, The Honor- Clerk to inform the Senate of the election of the able Jim Cooper received 1 vote, The Honorable Speaker. Page H7340 John Lewis received 1 vote, and The Honorable Committee Resignation: Read a letter from Rep- Colin Powell received 1 vote. Earlier, the Clerk ap- resentative Ryan (WI) wherein he resigned from the
VerDate Sep 11 2014 06:18 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D29OC5.REC D29OCPT1 emcdonald on DSK67QTVN1PROD with DIGEST October 29, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D1155 Committee on Ways and Means and the Joint Com- Quorum Calls—Votes: One quorum call developed mittee on Taxation, as a result of his election as during the proceedings of today and appears on Speaker. Page H7340 pages H7337–38. Succession of the Speaker of the House: Read a Adjournment: The House met at 9 a.m. and ad- letter from the Speaker wherein he designated Rep- journed at 11:31 a.m. resentative McCarthy to exercise any authority in the event of the death or inability of the Speaker, to no- Committee Meetings tify Members of the House and Senate, respectively, No hearings were held. of any reassembly. Page H7340 Speaker Pro Tempore: Read a letter from the Joint Meetings Speaker wherein he appointed Representative No joint committee meetings were held. Denham, Representative Thornberry, Representative f Upton, Representative Harris, Representative Com- stock, and Representative Messer to act as Speaker COMMITTEE MEETINGS FOR FRIDAY, pro tempore to sign enrolled bills and joint resolu- OCTOBER 30, 2015 tions through the remainder of the One Hundred (Committee meetings are open unless otherwise indicated) Fourteenth Congress. Page H7340 Senate Meeting Hour: Agreed by unanimous consent that No meetings/hearings scheduled. when the House adjourns today, it adjourn to meet at 12 noon on Monday, November 2nd for Morning House Hour debate. Pages H7340, H7345 No hearings are scheduled.
VerDate Sep 11 2014 06:18 Oct 30, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29OC5.REC D29OCPT1 emcdonald on DSK67QTVN1PROD with DIGEST D1156 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 2015
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:01 a.m., Friday, October 30 12 noon, Monday, November 2
Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of the amendment of the House of Representatives to the amendment of the Senate to H.R. 1314, Bipartisan Budget Act. At 1:01 a.m., Senate will vote on the mo- tion to invoke cloture on McConnell motion to concur in the amendment of the House of Representatives to the amendment of the Senate to the bill.
Extensions of Remarks, as inserted in this issue.
HOUSE Hudson, Richard, N.C., E1563 McMorris Rodgers, Cathy, Wash., E1564 Johnson, Eddie Bernice, Tex., E1565 Miller, Jeff, Fla., E1561, E1562 Bishop, Sanford D., Jr., Ga., E1562 Kaptur, Marcy, Ohio, E1564 Mooney, Alexander X., W.Va. E1564 Bustos, Cheri, Ill., E1563 Lee, Barbara, Calif., E1561 Ruppersberger, C.A. Dutch, Md., E1564 Calvert, Ken, Calif., E1563 Luja´ n, Ben Ray, N.M., E1565 Takai, Mark, Hawaii, E1563 Grayson, Alan, Fla., E1563 Marchant, Kenny, Tex., E1561 Veasey, Marc A., Tex., E1562
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