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, SEPTEMBER 17, 2015 No. 134 Senate The Senate met at 10 a.m. and was Reverend Murray currently serves in deal with Iran, because the President called to order by the President pro our Nation’s Capital as the 20th senior did everything possible to cut the tempore (Mr. HATCH). pastor of the Georgetown Presbyterian American people out and to block their f Church. The church was founded in elected representatives from having a 1780, and Reverend Murray is the first say. PRAYER woman pastor. He refused a treaty, because as Sec- The PRESIDENT pro tempore. To- Reverend Murray grew up in my retary Kerry noted quite candidly, he day’s opening prayer will be offered by home State, in Mahtomedi, MN. She wasn’t interested in negotiating some- the Reverend Camille Murray, pastor holds degrees from Vanderbilt Univer- thing an elected Congress could sup- of Georgetown Presbyterian Church. sity, Princeton Theological Seminary, port. He then had to be persuaded that The guest Chaplain offered the fol- Oxford University, and Wesley Semi- resisting legislation to allow Congress lowing prayer: nary. an up-or-down vote on it—just as he Let us pray. Reverend Murray’s congregation is had to be persuaded when Congress Eternal God, we give You thanks for nonpartisan, with the belief that God passed sanctions legislation that the many provisions of this day and for transcends that which divides us. helped bring Iran to the table in the the simple and sustaining gifts which We are so happy that she led us today first place—would be futile. In other enrich our lives. We thank You for the in prayer. words, he didn’t want the legislation beauty and bounty of this great Na- Thank you very much. that gave us an opportunity to respond tion. We offer You praise for the herit- to the President’s deal with Iran. It age we share, the faith we cherish, and f had so many supporters, he knew the the freedoms we enjoy. RECOGNITION OF THE MAJORITY veto would be overridden. Then he fi- As Your grateful people, we ask that LEADER nally convinced his party, which had voted unanimously for the legislation You would remind us of the callings The PRESIDING OFFICER. The ma- that gave Congress an opportunity to You have placed upon our lives. We jority leader is recognized. pray that we would be faithful to those weigh in on the President’s deal, to callings and to those entrusted to our f then deny the American people the up- care. May those elected to lead be NUCLEAR AGREEMENT WITH IRAN or-down congressional vote Democrats given a double portion of Your Spirit, had promised. Our Democratic friends Mr. MCCONNELL. Mr. President, the went to extreme lengths to protect the that they may have vision and wisdom Democrats have chosen to deny the President politically. Because they did, from above. Senate a final vote on the President’s Gracious God, keep us pure in Democrats ensured that this would be deal with Iran. They made their choice, thought, honest in speech, and diligent not just Obama’s deal with Iran but the but that doesn’t mean the discussion is in our pursuit of the common good, all Democratic Party’s deal with Iran too. over. for the glory of Your Holy Name. It is a deal that allows Iran to grow Today we will have another oppor- Amen. stronger in any number of ways: dip- tunity to address the lifting of congres- f lomatically, militarily, in terms of sionally mandated sanctions as called trade, and in terms of its enrichment PLEDGE OF ALLEGIANCE for in the Joint Comprehensive Plan of program. It is also a deal that achieves The President pro tempore led the Action. Today we will have an oppor- hardly any of the Obama administra- Pledge of Allegiance, as follows: tunity to vote on a question of policy: tion’s primary goals. Secretary Kerry I pledge allegiance to the Flag of the Should Iran be left with a threshold once declared that an accounting of United States of America, and to the Repub- nuclear program, one now recognized Iran’s military-related nuclear activi- lic for which it stands, one nation under God, by the P5+1, and receive billions of dol- ties ‘‘will be part of a final’’ deal. ‘‘If indivisible, with liberty and justice for all. lars in sanctions relief without any there is going to be a deal,’’ he prom- The PRESIDING OFFICER (Mr. linkage whatsoever to other aspects of ised, ‘‘it will be done.’’ But it isn’t. ROUNDS). The Senator from Minnesota. its foreign policy adventurism. That is Secretary Moniz once declared that f the question before us. he expected we would have anytime, I will discuss that vote in greater de- anywhere access to Iranian nuclear fa- WELCOMING THE GUEST tail in just a moment but first a re- cilities. We will not. CHAPLAIN minder of how we got to this point. President Obama once declared that Mr. FRANKEN. Mr. President, I want Here is what we know about the nu- ‘‘the deal we’ll accept is they end their to thank Camille Murray for our open- clear deal with Iran. It is President nuclear program—it’s very straight- ing prayer this morning. Obama’s deal with Iran, not America’s forward’’—or perhaps not quite so

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

S6773

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VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.000 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6774 CONGRESSIONAL RECORD — SENATE September 17, 2015 straightforward because this deal will was accounted, the commander of broader Iranian deal. But at the very not end Iran’s nuclear program. Iran’s Quds Force reportedly flew to least, at the very least, we should be Because the President made clear his Moscow to secure Russian support for able to come together over the vote we desire to secure an agreement at any their mutual ally in Syria. No surprise will take today. So I would urge all of cost, it became easy for the Iranians to then that as soon as the President had my colleagues to vote for it. exploit concession after concession seemingly succeeded in securing the f after concession. It became possible for votes for a veto override, we heard that the world’s leading state sponsor of Russia was constructing a forward op- RECOGNITION OF THE MINORITY terrorism to secure a deal that allows erating base to help prop up Assad. LEADER it to enrich uranium, to maintain Iran’s negotiating partner, Russia, will The PRESIDING OFFICER. The thousands of centrifuges, and to be- undoubtedly use its presence in Syria Democratic leader is recognized. come a recognized nuclear-threshold to attempt to leverage the Western f state, forever on the edge of developing powers to weaken sanctions crafted in a weapon. Iran was even able to secure response to the invasion of Crimea. NUCLEAR AGREEMENT WITH IRAN a multibillion-dollar cash windfall that That, my colleagues, is diplomatic AND GOVERNMENT FUNDING will allow it to strengthen terrorist linkage. Russia pursued it successfully; Mr. REID. Mr. President, the Senate groups such as Hezbollah and Hamas, the Obama administration did not. has already spoken and made it abso- along with Assad’s bloody regime in The administration attempted to ne- lutely clear that the agreement with Damascus—even the President basi- gotiate this deal with a singular focus Iran will stand. Remember, an agree- cally admits as much. on ending Iran’s nuclear program. Now ment to stop Iran from having a nu- The administration is now so in- we already know it failed in that re- clear weapon is what it is all about. vested in this deal that it is likely to gard, but that myopia also has other The issue has been decided. Instead of veto any additional sanctions passed consequences as well, leading the ad- focusing on the critical issue of funding by Congress, even those against ter- ministration to ignore many issues our government, Senator MCCONNELL rorism. that should have been linked to the ne- has decided to waste an entire week on Presidents are able to secure strong- gotiations in the first place—every- something that has already been de- er, better, and more durable outcomes thing from Iran’s support for terrorism cided, twice. when they seek constructive coopera- to its aggressive behavior across the First, we are voting on the McCon- tion on matters beyond the water’s Middle East, to its harassment of ship- nell amendment, which would keep the edge. ping vessels in the Persian Gulf—but President from being able to suspend or Republicans stood proudly for more not just those issues. The administra- waive sanctions on Iran unless Iran international trade jobs just a few tion failed to negotiate to ensure the frees all Americans and formally recog- months ago. The President agreed with release of American citizens being held nizes the State of Israel. All Senators, us on the policy. We all fought in the in Iranian custody. The administration Democrats and Republicans, want all same corner as a result. It was dis- failed to negotiate to ensure Iran’s rec- the Americans held by Iran or who appointing to then hear the same ognition of Israel’s right to exist. But have disappeared in Iran to come back President dismiss honest intellectual we can do something to link the free- home to their families as quickly as disagreements on the Iran deal as re- dom of American citizens being held in possible. We believe that Iran should flexive opposition to him personally. Iranian custody and the recognition of recognize the State of Israel. We be- What nonsense. Israel to sanctions relief—something lieve the other countries in that area The President made a choice to turn the administration should have done. should join along. We are very happy this into a partisan campaign instead We can say it has to be corrected be- with the arrangement between Egypt of a serious debate. He tried to cut out fore sanctions are lifted and billions and Israel which has been going on for the American people and Congress at more flow into Iranian coffers to be many, many years and has been very every single opportunity. Because he used for terrorism. That is what to- good for some degree of stability in the did, he has left his country and his day’s vote is about. area. party with an Executive deal that has When it comes to American citizens What Republican colleagues are hardly any durability or popular back- being held in Iranian custody, the Sen- doing now is very, very cynical. They ing. Because he handled it this way, he ate voted unanimously just a few are taking serious issues and turning has left his country and his party with months ago to call for Iranian leaders them into pawns on a political chess an Executive deal that has hardly any to release our American citizens. One board. Here is what Senator STABENOW durability or any public support. The is a journalist in prison for spreading said yesterday. Remember, she is the American people aren’t sold on it. A ‘‘propaganda against the state.’’ An- Senator from Michigan. She has a per- strong bipartisan majority of the other is a pastor who dared to attend a son from Michigan who has been held House has rejected it. A strong bipar- Christian gathering. in Iran for some time now. Here is tisan majority of the Senate rejects it When it comes to Israel, Iran em- what she said yesterday: too. ploys invective against Israel at every The Senate Republican leader is . . . play- The deal can and likely will be revis- turn. It has already demonstrated both ing politics with Amir’s life. The imprison- ited by the next Commander in Chief, the will and the capability to strike ment of this veteran—this American hero—is but its negative consequences promise out against the West and through prox- being used by the Senate majority leader in to live on regardless and far beyond ies and cyber attacks at allies like a transparent attempt to score some cheap one President’s last few months in of- Israel and Saudi Arabia. political points . . . and it’s appalling. No fice. What this deal will not do is alter American should ever be used in this way. Those who follow in the White House Iran’s behavior. What it will do is give Elaborating, she told me that his and in Congress will have to deal with Iran an even greater ability to follow family wants us to stay out of it, an Iran enriched by billions of dollars through on these threats. So we cannot progress is being made. Please stay out to invest in conventional weapons up- allow Iran to be empowered as a nu- of it. That is what his sister said. This grades and further support to terrorist clear threshold state armed with bil- cynical tactic is a waste of the Sen- groups. Many of us will be here in the lions in sanctions relief without at ate’s time. We should be focused on future, when we have the need to work least providing some protection—some preventing a government shutdown. with the next President to decide how protection to Israel first, without at Senator MCCONNELL has decided that best to deal with Iran’s ambitions and least demanding the release of Ameri- the Senate should vote not once, not the future of this nuclear program. cans who have languished in Iranian twice, but a third time on the resolu- One reason Iran was able to negotiate custody for years first. tion of disapproval, which has already so successfully was because of Russian Let’s at least agree on that. I under- failed, as I mentioned before, on two support for a deal that would be anti- stand there is strong division in the separate occasions. thetical to America’s interests. No sur- Senate—a bipartisan majority opposed, The results will be the same today. prise then that just days after the deal partisan minority in favor—over the Yet Senate Republicans appear to be

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.002 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6775 stuck and unable to move forward even dle his thumbs. Every day we wait in- that did not expand the program. Over- in the face of a looming government creases the leverage of those who want all, the national uninsured rate shutdown. There are just a few legisla- to shut down the government. We have dropped by 2.9 percentage points. tive days until the government runs seen this drama before. It happened 2 Now, all these numbers mean that out of funding. Democrats have seen years ago. The Republican leader will the uninsured rate is now at the lowest this coming for months and Repub- need to file cloture at least twice if any in the history of our country—the low- licans should have seen it also. Maybe single member of the caucus objects. est ever. Once again, the Affordable they did but just ignored it. So if the Republican leader wants to Care Act, ObamaCare, is working. That is why we have called for bipar- avoid a government shutdown, he f tisan budget negotiations. We are run- should start the process of bringing a ning out of time. That is an under- bill to the floor by Thursday at the ab- RESERVATION OF LEADER TIME statement. Last week, the Republican solute latest. Time really is running The PRESIDING OFFICER. Under leader told this body: out. Next week, Pope Francis will ad- the previous order, the leadership time We only have so much floor time in the dress Congress. We expect half a mil- is reserved. Senate. We are going to try to use it on seri- lion people to come for the Pope’s visit f ous proposals that have a chance of becom- to Capitol Hill. The President of China ing law. will make his visit the very next day to HIRE MORE HEROES ACT OF 2015 I am sure he should read that to him- the Nation’s capital. It will be his first The PRESIDING OFFICER. Under self again today, yesterday, and maybe visit. the previous order, the Senate will re- tomorrow. But after having made the So there will be 3 or 4 days in session sume consideration of H.J. Res. 61, statement, instead of voting on this next week at the most. We are ready to which the clerk will report. key priority—that is, funding the gov- move forward. There is no reason to The senior assistant legislative clerk ernment—we are spending time on cyn- wait any longer. It is time for Repub- read as follows: ical show votes even though everyone licans to skip the manufactured drama, A joint resolution (H.J. Res. 61) amending knows the result. Despite the fact that pass a clean funding bill today, and get the Internal Revenue Code of 1986 to exempt a shutdown looms in a matter of days, something done around here for the employees with health coverage under the Republican leader is turning the American people. For months, Demo- TRICARE or the Veterans Administration world’s greatest deliberative body into crats have been clear about our prior- from being taken into account for purposes the ‘‘show-vote’’ Senate. ities: First, any appropriations meas- of determining the employers to which the Ensuring that the government has employer mandate applies under the Patient ure cannot be hijacked for ideological Protection and Affordable Care Act. the funds it needs to operate is the or special-interest riders. Second, any Pending: basic responsibility of the Senate. That funding increase for the Pentagon must Republicans have let this crisis build be matched by at least a dollar-for-dol- McConnell amendment No. 2640, of a per- instead of joining Democrats at the lar increase for domestic programs, in- fecting nature. bargaining table is an embarrassment McConnell amendment No. 2656 (to amend- cluding domestic anti-terror programs. ment No. 2640), to prohibit the President to this institution. The Republican These are commonsense principles from waiving, suspending, reducing, pro- leader and I don’t see eye to eye on all that should form the basis of any budg- viding relief from, or otherwise limiting the political issues, but we both support a et agreement, but Republicans have re- application of sanctions pursuant to an clean bill to stop a government shut- fused to negotiate. They are now fo- agreement related to the nuclear program of down. That is what he wants. A clean cused on scoring political points at the Iran. bill is the only way to prevent a gov- expense of the American people. We McConnell amendment No. 2657 (to amend- ernment shutdown, no riders, no tricky voted twice. Why waste this time again ment No. 2656), to change the enactment date. things in it at all. on another vote? There will only be a Just yesterday, the Republican Lead- McConnell amendment No. 2658 (to the lan- few days of session next week. guage proposed to be stricken by amendment er said, the sequester-level spending When we return the following Mon- No. 2640), to change the enactment date. caps should be lifted. Thank goodness day, we will have just 3 days before the McConnell amendment No. 2659 (to amend- he said that. I agree with him. I agree government funding expires. That is ment No. 2658), of a perfecting nature. with Senator MCCAIN and Senator October 1. We should act now, pass a McConnell motion to commit the joint res- LINDSEY GRAHAM, who have talked clean continuing resolution preventing olution to the Committee on Foreign Rela- about this on the Republican side. We a government shutdown, and then re- tions, with instructions, McConnell amend- all know how this ends. The Senate sponsibly negotiate a compromise. It ment No. 2660, to prohibit the President from will pass a clean continuing resolution. waiving, suspending, reducing, providing re- should be a short-term CR. Any other lief from, or otherwise limiting the applica- I hope that is the ending we all see be- decision is a waste of precious time tion of sanctions pursuant to an agreement cause that is what we should see. that we do not have. related to the nuclear program of Iran. When I say a clean bill, I mean no f McConnell amendment No. 2661 (to (the in- policy riders, no procedural loopholes, structions) amendment No. 2660), of a per- just a clean funding bill devoid of HEALTH INSURANCE COVERAGE fecting nature. tricks. So what are we waiting for? Mr. REID. Finally, the number of McConnell amendment No. 2662 (to amend- Why are we dragging the country to Americans without health insurance ment No. 2661), of a perfecting nature. the brink of another shutdown when dropped dramatically last year. All the The PRESIDING OFFICER. Under the solution is staring us in the face? press yesterday and this morning are the previous order, the time until 11 There is nothing to gain from delaying reporting this, but this comes as no a.m. will be equally divided between the inevitable and much to lose. The surprise. The good news happened as the two leaders or their designees. reality of the Senate is that the longer the Affordable Care Act’s major cov- The Senator from Illinois. we wait, the more difficult the path erage provisions took effect. This is Mr. DURBIN. Mr. President, my cal- forward will be. In the past, Repub- further evidence the Affordable Care culation is there are about 36 minutes licans’ inability to govern responsibly Act is working. The share of people remaining before the vote. I ask unani- has amplified the voice of government without coverage dropped in every mous consent on the Democratic side shutdown advocates like the junior State in the Union in 2014. That is the that I be given 3 minutes, Senator Senator from Texas. Every moment the first time in the history of the Census CARDIN 5 minutes, Senator MENENDEZ Republican leader wastes increases the reports that every State has improved. of New Jersey 5 minutes, Senator CAR- likelihood that one Senator’s objection States that expanded Medicaid under PER of Delaware 5 minutes—Senator can raise enough procedural problems the Affordable Care Act did better than CARPER 3 minutes, and Senator KAINE 2 to force the entire government to shut those that did not. States that adopted minutes. down. I am not making this up, it hap- the new law’s Medicaid expansion had a The PRESIDING OFFICER. Would pened 2 years ago. 3.5-percentage-point drop in their unin- the Senator please restate those. Captains of chaos want nothing more sured rate. That is about 11⁄2 times the Mr. DURBIN. Yes, 3 minutes for my- than for the Republican leader to twid- 2.3-percentage-point decline in States self, 5 minutes for Senator CARDIN of

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.003 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6776 CONGRESSIONAL RECORD — SENATE September 17, 2015 Maryland, 5 minutes for Senator The PRESIDING OFFICER. The Sen- human rights abuses; it means making MENENDEZ of New Jersey, 3 minutes for ator from Maryland. sure we are working effectively with Senator CARPER, 2 minutes for Senator Mr. CARDIN. Mr. President, the next our European allies to prepare for Iran KAINE. vote we are going to take on the Iran potentially cheating on the deal. The PRESIDING OFFICER. Without agreement will fundamentally change Let’s turn to the serious work we objection, it is so ordered. the resolution before us. It is out of have in front of us and recognize that Mr. DURBIN. Mr. President, we lis- compliance with the review act. The we all need to be together to prevent tened to the comments of Senator Iran review act gives Congress three Iran from becoming a nuclear weapons MCCONNELL, the Republican leader. He options: approve the agreement, dis- State. We stand for Israel’s security, has given us a ‘‘litany of horribles’’ approve the agreement or take no ac- we stand for the return of our hostages, when it comes to the conduct of the na- tion. This amendment would provide but let’s also make sure we have the tion of Iran. He has given us fair warn- conditional approval of the Iran agree- strongest possible decision to make ing that this is a country that we can- ment. sure we prevent Iran from becoming a not trust because of past conduct. I Let me make clear to our colleagues nuclear weapons State. Let’s work to- think the point that needs to be made that the framework of the agreement is gether. at this moment is I don’t disagree with to provide Iran sanctions relief in ex- I yield the floor. his premise or his conclusion. But I ask change for stopping Iran from becom- The PRESIDING OFFICER. The Sen- him and all others in his similar polit- ing a nuclear weapons state. That is ator from New Jersey. ical position: How can Iran with a nu- the yardstick. It provides for inspec- Mr. MENENDEZ. Mr. President, I clear weapon be a better thing for this tions and enforcement, preserving our rise as an opponent of the Iran nuclear world, for the Middle East, or for options if Iran participates in ter- agreement, and I have set forth at Israel? rorism, human rights, and ballistic length—both on the Senate floor and in I think the answer is obvious. That is missile violations, and the bottom line a speech at Seton Hall University why the President, in league with our is whether Iran is in better or worse School of Diplomacy and International Relations—my reasons why, but I am major allies and some not so frequent shape to acquire a nuclear weapon also an opponent to the McConnell allies, has brokered an agreement to under this agreement. send in international inspectors to de- I reached my judgment on it, as did amendment that would support the deal if Iran recognizes Israel and re- stroy the centrifuges which are build- 100 Senators. I opposed the agreement, leases American hostages. ing these nuclear weapons, to put a but this amendment takes us in a dif- I have said on this floor—and will say ferent direction. This amendment says concrete core in the reactor that pro- again—that I have a problem with the that if Iran recognizes Israel and re- duces the plutonium, and to continue underlying nuclear agreement. As leases four hostages, that sanctions re- the inspection of Iran nonstop so that much as I wish to see the hostages re- they do not develop a nuclear weapon. lief will be granted to Iran. I hope Iran leased—and have voted in a resolution That to me is an ultimate positive does recognize Israel, but I must tell that the Senate passed calling for Iran outcome. Does it cure all of the you I would have no confidence in their to do so—and have them come home to horribles that have been listed by the statement or trust in their statement their families, and as much as I would Senator from Kentucky? Of course not. if they issued a statement recognizing like Israel to be recognized by Iran as But how can he imagine that Iran with Israel. a sovereign, independent nation, I am its record would be in a better posi- Senator STABENOW has already not certain I would want to give my tion—or that we would be in a better talked about whether this is the most imprimatur to the agreement even position—if Iran had a nuclear weapon? effective way to bring back our hos- under those conditions, which this I do not think so. That, I think, is the tages. One can challenge that. So this amendment would do. This, in essence, issue before us. I have to harken back conditional approval gives up any of makes—if adopted—a conditional to the statement made yesterday by the disapproval resolution on the nu- agreement. We in the Senate would be my colleague from Michigan. She is in clear part of the agreement. That voting to say the agreement can move contact with the family of one of the makes absolutely no sense whatsoever. forward if the hostages are released prisoners being held there. They are Let me remind our colleagues that and if Iran recognizes the State of concerned, I am concerned, that dram- this is September 17. This is the 60th Israel as a sovereign and independent atizing these four prisoners as part of day of the congressional review, the state. our political debate on the floor, which last day of the congressional review. I must say I want the hostages back, is what the Republicans have done with Quite frankly, this vote is a political as does everyone in this Chamber. I their amendment is a risky process. We exercise, and this issue is way too im- want Israel to be recognized as a sov- want these prisoners to come home portant for us to be engaged in a polit- ereign and independent state, although safely. We voted that way overwhelm- ical issue on the review. I believe that any such recognition by ingly. We have worked very hard over 60 Iran at this point in time would be Playing them as part of a floor strat- days to get information. The com- temporal, at best, and can only be egy by the Republicans is risky. I wish mittee has worked very hard. We are meaningful by actions, not just simply we would not take the risk at their very proud of the record of the Senate by such a declaration. possible expense. So I would urge my Foreign Relations Committee in this So at the end of the day, for all the colleagues to join me in voting against regard. We shouldn’t be participating reasons I have heard my colleagues on the cloture motion that is going to in this political battle. It is clear this this floor talk about the consequences come before us at 11 o’clock to move Iran agreement will be implemented. of the nuclear deal, surely you cannot forward on this particular amendment. Now it is time for this body to stop be of the thought that as desirous as I will close by saying, the press re- taking show votes and instead pivot to the releasing of the hostages is or the ports last night explained why we are the serious work of addressing the desire to have Israel recognized by Iran here wasting a week in the Senate: Be- problems with the deal. This means as a sovereign state, that that would cause of the Republican presidential making sure we are working with the then give you a clear sailing for the un- debate and because of the fact that Government of Israel on a security derlying nuclear agreement. That, in even some of the Republican presi- package that will now enable Israel to essence, is what this amendment would dential candidates reserved a vial of defend against conventional and ter- provide for. venom to be used against the leader rorist threats from Iran; it means mak- We have many concerns as we move here, the majority leader of the Senate ing sure we are working with our part- forward with Iran. We already see that. and the Speaker of the House. ners in the Gulf Cooperation Council to Even as this agreement is being moved It is clear they are under immense make sure we are collectively prepared forward, Iran has given its OK to Rus- pressure to show their Republican to counter destabilizing any Iranian sia to overfly Iran and then Iraq, where manhood. That is what this exercise is activities; it means making sure we are we have spent so many lives and na- all about. prepared to counter Iranian terrorism, tional treasure, to send military hard- I yield the floor. ballistic missile proliferation, and ware into Syria to prop up the Assad

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.004 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6777 regime—which Iran has also been a pa- that. There are a number of things we sustain the veto. Therefore, this would tron of—and at same time to maybe ought to do on this floor to further simply be an exercise to send some- very well establish a military base for strengthen the economic recovery. We thing to the President that he would Russia. So there are going to be a lot of need to avoid a budget shutdown. We veto and then have that veto sustained. concerns, notwithstanding this agree- need to put in place a responsible I see no value in doing that. There is ment that we have with Iran, but I, for spending plan for the next year. Our no value to our allies to see that there one, do not want to give any idea that country is under cyber attack 24/7— is a split in Congress or between Con- we would support this agreement—as companies, businesses of all kinds and gress and the Executive on this issue. someone who opposes it—simply be- shapes. We need to have tax certainty. The President is in his last term, he cause the hostages would be released We need to put in place a tax plan for is not hurt politically by this, and and Iran would recognize Israel. our country rather than stop and go. there is no reason to do that. So I don’t Some might believe that will never We need to fully fund a 6-year trans- know why in the world we want to go happen, so therefore the agreement portation plan. Those are just some of through that exercise or insist on wouldn’t move forward, but if the the things we can do to further going through that exercise simply to agreement is as good as so many of my strengthen the economic recovery. force cloture. colleagues have said it is for Iran, then Are we dealing with those? No, we I would like to send the disapproval it might not be a price they would find are not. We are coming back again to motion to the President—that would be too high to pay in order to have the vote—really—on the same thing we fine—but to not get to a final vote be- agreement move forward. voted on before. cause we are insisting on doing that In any event, whether Iran thinks it Let me just say, with all due respect, seems to me misguided. Let’s agree and is a good agreement for them and do I want the hostages released? You go to a final vote and set it at a 60-vote would do so, I simply do not want to bet. Have I let the Iranian officials, threshold. That would be fine. We know support the underlying agreement by senior officials whom I know, know the end of this movie already. virtue of a sleight of hand on some- that? You bet, every time I talk to With regard to the amendment itself, thing that is desirable and, independ- them and meet with them. the text of it, we are talking about our ently, this body would be united on— The best way to make sure the hos- desire to have the hostages who are in getting all of the hostages back and tages are released, the best way to has- Iran released. Everyone would like doing everything necessary to achieve ten the day that Israel has a kind of re- that. Everyone would like to see Iran that and at the same time making sure lationship with Iran that they had not recognize Israel. But should a whole Israel is truly, truly recognized, not all that many years ago is to put in agreement be based on those two only in words but in deed. That is why place and to fully implement the plan items? No. There are a lot of other I will be voting against the amend- that is before us, one that will make it things that need to be done as well. ment. very difficult for the Iranians to de- As I said, I don’t believe this was ne- There are far more serious things, velop a nuclear weapons program and gotiated well. I think it could have such as renewing the Iran Sanctions ensure that if they do, we know about been better. That is why I will vote Act, in the days ahead that I think are it. against it if I have a chance. critical. Many of the things Senator My message to Zarif—the Foreign But let’s give the Members of this CARDIN has been talking about in his Minister of Iran who has been the lead body that chance. Let’s have a vote on proposed legislation will be critical to point person on their negotiations for the final product, the process that we having the type of response we want in the last 2 years—this is my message to set up with the Corker-Cardin legisla- Iran against its hegemonic interests in him and to the Iranian officials: No. 1, tion, and not insist on sending some- the region as well as its nuclear ambi- you could have a stronger economy; thing to the President that would be tions. For that, I will be voting against sent back and that we know the result. the amendment. No. 2, you could have a nuclear weap- I yield the floor. ons program. You cannot have both. I want to register my support of hav- The PRESIDING OFFICER. The Sen- There is a whole new generation of peo- ing a final vote, regardless of where ator from Delaware. ple who have grown up in that country, that vote threshold is. With that, I yield back. THE ECONOMY 78 million people. The average age is 25. Mr. CARPER. Mr. President, going Does the Revolutionary Guard like the Mr. CARPER. Will the Senator from back to the elections of last November, agreement? No, they don’t. They want Arizona yield for a moment? there are three takeaways—enduring to kill it. Mr. FLAKE. I yield to the Senator. Mr. CARPER. First, let me thank takeaways—for me from that election: How about the young people who Senator FLAKE for a very thoughtful No. 1, people want us to work together; have grown up in that country who like No. 2, they want us to get things done; Americans, who want to have a better statement. It reminds me a little bit of No. 3, they want us to find ways to fur- relationship with us, what do they what Senator REID has been asking for ther strengthen the economic recovery want? by unanimous consent for a week or of our country. The PRESIDING OFFICER. The Sen- two; that is, to actually forgo cloture Today the Department of Labor re- ator’s time has expired. votes and that sort of thing. Let’s just leased the most recent weekly informa- Mr. CARPER. They want us to take go to a final vote, but we want a 60- tion on filers of unemployment insur- yes for an answer, and I would take no vote threshold. I think the expectation ance in this country. They do it every for an answer with the measure that is has been for months that there would Thursday. They have been doing this before us today. be a 60-vote threshold. for years. Today the number is 264,000 The PRESIDING OFFICER. The Sen- If the Senator from Arizona is com- people. It sounds like a lot—well, com- ator from Arizona. fortable with forgoing all of this par- pared to what? Mr. FLAKE. Mr. President, I just liamentary procedure and to going to The week that Barack Obama and wish to say a few words about the vote an up-or-down vote with a 60-vote JOE BIDEN were inaugurated as Presi- we are about to take and about this threshold, I think that is the way to do dent and Vice President, that number process. it. That is the way we ought to do this. was not 264,000, it was 628,000. Anytime I do not favor this agreement. I have I applaud the Senator for what he said. that number is over 400,000 we are los- indicated I would vote against it. I Mr. FLAKE. Thank you. I do think ing jobs. Anytime the number is under would like to get to a final vote on the that this is a serious matter. This is an 400,000 per week, we are adding jobs. subject and not just have endless clo- agreement that is important, that is That number has been under 300,000 for ture votes. It has been offered on the going to last beyond this administra- the last 28 straight weeks. I don’t know Democratic side that we would go to a tion and beyond the next one. Congress that there has ever been a time when final vote if the margin was set at 60. should be on record on this issue with we have seen a number that low for We have a 60-vote threshold. I say take more than just a procedural vote. I un- that long. it. Let’s get to a final vote. We have derstand the desire to have a vote by We are strengthening the economic seen the end of this movie already. The simple majority—that would be the recovery. We ought to continue to do President has the sufficient votes to preference—but if we cannot get there,

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.005 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6778 CONGRESSIONAL RECORD — SENATE September 17, 2015 and this is a body of compromise, then an amendment in the State Depart- the table, was going to negotiate a deal let’s have a vote, a final vote on the ment authorization bill that calls on that cut us out—that, in essence, subject. the administration to produce such a caused him to be able to go straight to As to the matter of—let me just say, strategy. I refuse to accept the world’s the U.N. Security Council and cause a with these amendments, I will vote deadliest weapons getting into the deal to be implemented—I worked with with my colleagues on this side of the hands of this rogue regime. my friend Senator CARDIN, and others, aisle on a cloture vote to get to a final Hearing this administration sell the and we put in place something called vote on these amendments, but if it Iran deal, I am so often reminded of the Iran review act, which gave us this comes to it, I will vote against those President Clinton’s deal in 1994. In 1994 ability to have 60 days to look at the amendments, not that I don’t want the President Clinton promised our coun- proposal, to go through it, and to voice hostages released or Israel recognized, try this nonbinding agreement with our approval or disapproval. We have but the entire agreement should not be North Korea would make America and had that debate. based on those two items. There are the world safer. Look at where we are Unfortunately, because the President other important aspects of the agree- today. Just 12 short years after Clin- did not achieve what he said he was ment, and to pick two as a way to go ton’s deal, North Korea completed its going to achieve—and by the way, if he forward doesn’t make sense to me. So I first nuclear detonation test. Today had, there would be 100 Senators today will vote with my party on cloture to North Korea has a nuclear bomb, and it voicing their approval. The President, move ahead to vote on the amendment, is cooperating with Iran on Iran’s pro- when he began the negotiations, said but if it comes to that, I will vote gram. Just this week North Korea an- he was going to end Iran’s nuclear pro- against those amendments. nounced it is bolstering its nuclear ar- gram. Unfortunately, from my perspec- With that, I yield the floor. senal and is prepared to use nuclear tive, he squandered—squandered—that The PRESIDING OFFICER. The Sen- weapons against the United States of opportunity. ator from Georgia. America. We had a boot on the neck of Iran, a Mr. PERDUE. Mr. President, I rise to I fear President Obama’s deal with rogue nation. We had some of the speak today about President Obama’s Iran will yield similar results. We can- greatest countries in the world in- nuclear deal with Iran. not allow Iran to obtain a nuclear volved in the negotiations to end their I have now cast multiple votes to weapon—not now, not in 10 years, not program. Instead, we capitulated and proceed to an up-or-down vote on this ever. For the security of our children have agreed to the industrialization of nuclear deal. However, according to and our children’s children, our coun- their nuclear program. We have agreed President Obama and his administra- try, our world, and our future, we abso- to let them continue their research and tion, Congress’s review period ends lutely have to make sure that Iran development so they can do what they today, even though there is still con- never becomes a nuclear weapons state. are doing in an even quicker manner. troversy about that. I yield the floor. We have allowed them to continue I want to applaud the ranking mem- I suggest the absence of a quorum. ber of the Foreign Relations Com- The PRESIDING OFFICER. The their ability to deliver interconti- mittee and the chairman—the ranking clerk will call the roll. nental ballistic missiles. We all know they have no need for member, Senator CARDIN, who is here The senior assistant legislative clerk their program other than to develop a today, and Senator CORKER—for get- proceeded to call the roll. ting us to this point. In a unanimous Mr. CORKER. Mr. President, I ask nuclear weapon. We know that. They vote in our committee, we got this bill, unanimous consent that the order for have no practical need. So a strong bi- brought it to the Senate, and we had a the quorum call be rescinded. partisan majority of this body wants to 98-to-1 vote in a bipartisan effort to The PRESIDING OFFICER. Without send to the President a resolution of bring this before the American people. objection, it is so ordered. disapproval. Yet today what is hap- Today, we are here with a very small Mr. CORKER. Mr. President, today pening, I fear—for the third time—is minority of Americans who actually we have a series of votes that I know that a minority—a partisan minority, I support this deal. may be difficult for the American peo- will say—of 42 Senators are going to This administration chose not to ple, who may be looking on, to under- block that from occurring. consider this as a treaty but as a non- stand. In the Senate we have a proce- Now, look, I understand procedures binding political agreement. That dure called cloture, which signifies around here. I do. I understand the clo- means in a little over a year, our next whether Members are ready to end de- ture vote. I knew that when we agreed President can determine whether he or bate and move on to the vote on the to this bill. We agreed to it being dealt she will abide by this deal with Iran. substance of the bill we are now dis- with under what is called ‘‘normal pro- My question is this: What can we do cussing. cedures.’’ We agreed to that. I just now—right now—in the Senate, over We have been on this now for 2 want to remind people, though, that the next 14 months, to continue to weeks. We have had 12 hearings in the back in the gulf war, this body decided fight this President’s nuclear deal with Foreign Relations Committee, with my it was going to support President Iran? I speak today to confirm that I distinguished friend Senator CARDIN as Bush—the first President Bush, Bush will continue this fight, individually, if the ranking member, and we have had 41—when he really didn’t need to come necessary. In the next 14 months I am all kinds of debate on the floor. Almost to Congress. But he came to us for the committed to finding ways we can every Senator in the Senate has spo- authorization of the use of military mitigate the effects of this dangerous ken. Yet we find ourselves in this place force and that was passed on a 52–48 deal with Iran. where a bipartisan majority of Sen- vote—52–48. We need to ratchet up sanctions on ators wish to send a vote of disapproval What we have happening today, Iran for terrorism and human rights to the President and 42 Senators are though, is that we have 58 Senators violations and continue to be vigilant keeping us from doing so. here who disapprove of what the Presi- in both of those areas. We need to be If I could just walk through this, dent has negotiated. They feel he prepared with sanctions that can be first of all, in a strong bipartisan, al- squandered the opportunity given to snapped back swiftly when, not if, Iran most overwhelming manner—almost him with our support. Instead of end- cheats, even if that cheating is only in- four times since 2010—this body has put ing their program, he has allowed it to cremental. We need a strategy to deal sanctions in place against Iran to bring be industrialized. And so we have 58 with the increase in terrorism and ag- them to the negotiating table. I want Senators here who want to express gression we will see from Iran after to commend people on both sides of the themselves and to send to the Presi- they get over a $60 billion payday from aisle for making that happen. My dent this resolution of disapproval. We this deal. We need a plan to reassure friend, BOB MENENDEZ, and MARK KIRK have 42 Senators on a procedural vote our allies in the region and to counter on our side, together with all the rest who are keeping us from doing so—42 the nuclear and conventional arms race of us helped to make those things hap- Senators. this deal is sure to trigger. pen. In essence, they are saying, I guess, I have been saying this for months, When this body saw that the Presi- we haven’t debated this enough. Al- which is why I ensured the passage of dent, after we helped to bring Iran to most every Senator has expressed

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.007 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6779 themselves. We have had 12 hearings in agreement is moving forward. We all Mr. CORKER. Mr. President, if I the Committee on Foreign Relations, know that. We should all be talking could respond through the Chair, I with all kinds of classified briefings. about how to move forward on the think what people understand is that 42 The Committee on Armed Services had agreement. Senators are causing a filibuster to hearings, and the Select Committee on What I don’t understand is the next take place and that we are not ever Intelligence had hearings. vote. I don’t understand why the ma- going to be able to get to that vote of I just want to say that I know many jority leader decided to bring forward conscience all of us have wanted to people spent a lot of time. I know the an amendment to change a resolution make. And since they know that, they ranking member looked at this back- of disapproval into a resolution of con- understand this deal is going to go for- wards and forwards before he came to ditional approval. To me, that is to- ward, and therefore, in order—since his own conclusion. This, to me, really tally inconsistent with the review act, these people really never had the op- is taking on a tone of Members of this and it is counterproductive for those portunity to express themselves in this body protecting the President—pro- who either support or disapprove of the manner—there never was an amend- tecting the President—from having to agreement. It is not fitting and not ment during the debate relative to the veto something this body would send to consistent with the work done during amendment we now have before us. I him, which is a resolution of dis- the first 53 days of the review, where think since they know it is going to go approval. we worked very hard in committee so forward, since in essence the filibuster So I am disappointed we are where that every Member of the Senate could is underway that keeps this final vote we are. I am disappointed the Senate get as much information available to from occurring and a motion of dis- functions in the way it does today, make their individual judgments approval from going to the President, where a majority of Senators who wish whether to vote for or against the there is a divergence off of that to ex- for something to happen cannot make agreement. And 58 voted for, 42 press themselves in a different way. it happen. In this particular case it is against. Mr. CARDIN. Mr. President, I ask happening in a manner, in my belief, to This vote I don’t understand, and I unanimous consent for 1 additional really keep the President from having would urge my colleagues—befitting minute for the chairman of the com- to veto this, which is what a majority the Iran review and the Senate’s re- mittee. of Senators in the Senate would like to sponsibilities here, we should be voting The PRESIDING OFFICER. Without see happen. no on the amendment that is offered by objection, it is so ordered. With that, I hope that at least a cou- the majority leader. Mr. CARDIN. If the chairman will ple of Senators here will decide that we I yield the floor. yield, I understand the frustration. The PRESIDING OFFICER. The Sen- have discussed this long enough and There is a lot of frustration on not get- ator from Tennessee. ting votes when we want to get votes. that we will allow this body to vote on Mr. CORKER. Mr. President, I think the actual underlying substance. That I understand the frustration expressed But I remind the chairman that every is, by the way, what the Iran Nuclear by the ranking member. The ranking request for a vote on the Iran review Agreement Review Act was about. On a member knows I worked with him to act came from the Republican side of 98-to-1 basis Senators in this body said ensure that when we had this debate, the aisle. There were none from the they wanted the ability—98 of us; 1 we stayed away from those issues that Democratic side of the aisle. We had Senator was missing or we would have divide us. He knows I took multiple votes on Republican amendments. If had 99—to weigh in on this topic, and tough votes, as did others, to keep you recall correctly, it was a Repub- now that is not going to occur. things in balance. lican effort that ultimately led to no I believe my time is over. I under- There are Members of this body who option other than to cut off further stand the minority may have about 2 feel as if this amendment the Senator amendments by the majority leader. minutes left and then we will proceed is talking about is one on which they Let me also suggest that on two oc- to a vote. But I want to thank my good would have liked to have expressed casions we have attempted to allow for friend Senator CARDIN, who I think themselves. Since we are in a place a final vote with a 60-vote threshold so serves in a very distinguished way. I where it appears that 42 Senators are that we wouldn’t have to use any fili- could not have a better partner. So I going to keep us from actually being buster. The Democratic leader con- thank him for his comments as they able to go forward with the vote on sented to a motion to proceed without are about to come and also for his co- whether we agree or disagree—the Sen- the necessary cloture vote because we operation. ator and I are in the same place on don’t want this to be procedure, and I The PRESIDING OFFICER. The Sen- this. But since that has occurred, I think everyone wants to vote and has ator from Maryland. think out of frustration and knowing voted their conscience. Mr. CARDIN. Mr. President, Senator there were a number of Members who Mr. CORKER. If I could, and I very CORKER and I have been in agreement wanted to express themselves on the much appreciate—first of all, I could for 53 days of the 60-day review. And he way this next amendment is—I think not work with a more thoughtful, dili- is absolutely correct that 58 Senators that is the reason that has occurred. gent Member of the U.S. Senate than disapprove of this agreement and don’t Mr. CARDIN. Mr. President, I ask the ranking member. think it should go forward. He and I unanimous consent that the Senator I think what the Senator’s side needs are in agreement on that. We both be- have an additional minute so he can to understand—and I have tried to ar- lieve we could have done better and we yield to me. ticulate this—is that during these ne- should reject the agreement, but 42 The PRESIDING OFFICER. Without gotiations, we tried to set up a privi- Senators believe we should go forward. objection, it is so ordered. leged motion where it was set up not I thought the colloquy that took Mr. CARDIN. If the Senator will unlike one, two, three agreements that place just a few moments ago on the yield, do the people who are suggesting we have. We understood that the mi- floor between Senator CARPER and Sen- that this amendment be voted on rec- nority leader—and I respect this—does ator FLAKE was the way we should ognize that they are making this a con- not like privileged amendments, that have completed this issue, then have a ditional approval vote and therefore the leaders like to control the floor, final vote with a 60-vote threshold. that if Iran were to recognize Israel, if and in this case he wanted to be able to That is where I thought we were head- this were to become law and if Iran control his side. So we were not able to ed when we went into the August work were to recognize Israel and release the set this up as a privileged vote. As the period. four hostages, that the agreement Senator knows, we then agreed to do it We have understood the process, and would go forward? Do they understand under regular order—regular order— Americans know where every Member this is not one of the options provided and the Senator and I agreed to those of the Senate stands on this agree- under the Iran review act and it is in- negotiations. ment. Americans also understand the consistent with the discussions I think What the Senator would be asking 60-vote threshold in the Senate. And we have always had as to what the our side to do to move to a 60-vote de- they certainly understand the 67 votes votes would be on the floor of the U.S. bate is actually raise the threshold necessary to override a veto. This Senate? from a simple majority, which is the

VerDate Sep 11 2014 00:00 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.010 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6780 CONGRESSIONAL RECORD — SENATE September 17, 2015 way regular order works. The Senator Cruz Isakson Roberts voted more than 7,440 times in a row. would ask us to raise the threshold to Daines Johnson Rounds This means our colleague from Maine Enzi Kirk Sasse a 60-vote threshold, which is above and Ernst Lankford Scott hasn’t missed a single vote during her beyond regular order. So the Senator Fischer Lee Sessions entire Senate tenure. She has not had can understand how people don’t un- Flake Manchin Shelby one sick day in more than 18 years. It Gardner McCain derstand why we would agree to raising Sullivan is really remarkable, and so are the Graham McConnell Thune Grassley Moran tales of what it took to get here. One that threshold. Tillis Hatch Murkowski So, look, we understand what is get- Toomey time she twisted her ankle as she tore Heller Perdue Vitter down a corridor, sprinting back to the ting ready to happen. The Senator and Hoeven Portman I have a lot of business to do relative Inhofe Risch Wicker Capitol from a ready-to-depart plane. Just ask her about the logistics of to Syria, relative to Iraq, relative to NAYS—45 refugees and others. planning a wedding and honeymoon Baldwin Gillibrand Nelson around the recess calendar. I am disappointed that the Senate Bennet Heinrich Peters functions in the way it does. As I men- Blumenthal Heitkamp Reed Our colleague is willing to do just tioned, back under the gulf war, back Booker Hirono Reid about anything to ensure that she is Boxer Kaine Sanders here in this Chamber representing the in 1991, instead of a filibuster, Members Brown King Schatz allowed us to vote on a—I wasn’t here people of Maine. Cantwell Klobuchar Schumer I ask the entire Senate to join me in then, and I don’t think the Senator was Cardin Leahy Shaheen here then—on a 52-to-48 basis, people Carper Markey Stabenow congratulating her as she celebrates Casey McCaskill Tester this notable milestone. moved beyond the filibuster and al- Coons Menendez Udall (Applause, Senators rising.) lowed the majority to express them- Donnelly Merkley Warner The PRESIDING OFFICER. The selves. Durbin Mikulski Warren Feinstein Murphy Whitehouse Democratic leader. I hope at some point in time the Sen- Franken Murray Wyden Mr. REID. Madam President, it is no ate will move to a place where we allow surprise to me that SUSAN COLLINS is NOT VOTING—2 the majority to express themselves. such a hard worker. She started as a This is not happening on a significant Paul Rubio young woman, digging potatoes for 30 vote of conscience. I am disappointed The PRESIDING OFFICER. On this cents a barrel at a neighbor’s farm in in that, but I understand what the out- vote, the yeas are 53, the nays are 45. Caribou, ME. come is going to be, and I look forward Three-fifths of the Senators duly cho- I have learned a lot about her over to working with the Senator on other sen and sworn not having voted in the these years. I have served with her now issues. affirmative, the motion is rejected. for almost two full decades. Hard work CLOTURE MOTION The majority leader. and diligence is her byword. We have The PRESIDING OFFICER. Pursuant CLOTURE MOTION WITHDRAWN worked on some things together that to rule XXII, the Chair lays before the Mr. MCCONNELL. Madam President, have been extremely important for the Senate the pending cloture motion, I ask unanimous consent to withdraw country. Some of the things I won’t which the clerk will state. the cloture motion on H.J. Res. 61. bring up because they might not sit The legislative clerk read as follows: The PRESIDING OFFICER. Is there well with some of my Republican friends, but she is a person who is truly CLOTURE MOTION objection? Without objection, it is so ordered. an independent Senator. I admire the We, the undersigned Senators, in accord- work she has done. She, of course, has SENATOR COLLINS’ 6,000TH VOTE ance with the provisions of rule XXII of the a good education. Standing Rules of the Senate, do hereby Mr. MCCONNELL. Colleagues, before I started out really thinking the move to bring to a close debate on Senate the next vote, Senator ANGUS KING and world of her when she was first elected amendment No. 2656. I wish to make a couple of observations because I learned where she was Mitch McConnell, John Cornyn, Roy for a few moments. trained. One of my favorite Senators Blunt, John Thune, Deb Fischer, John Former Maine Senator Margaret Barrasso, Roger F. Wicker, Michael B. whom I have served with here in the Chase Smith was once known for a Enzi, Shelley Moore Capito, Orrin G. Senate has been Bill Cohen from nearly unbeatable attendance record. Hatch, Rob Portman, Mike Crapo, Maine. He was a terrific Senator and a She hadn’t missed a single rollcall vote Richard C. Shelby, Pat Roberts, Thad fine man. I am convinced that one of Cochran, Mike Rounds, David Perdue. in more than 13 years of service, but the reasons she is as good as she is is that came to an end one day in 1968 The PRESIDING OFFICER. By unan- because of what she learned in Senator when Senator Smith narrowly missed imous consent, the mandatory quorum Cohen’s office. call has been waived. casting her 2,942d consecutive vote. She I served under him. He was chairman The question is, Is it the sense of the had been recovering from surgery hun- of the Aging Committee. I served with Senate that debate on amendment No. dreds of miles away from here. So it him on other matters. He and I were 2656, offered by the Senator from Ken- was understandable. Yet I am not sure both in the House of Representatives. tucky, Mr. MCCONNELL, to H.J. Res. 61, if surgery, a Tsunami or the most We shared lockers, in that little room shall be brought to a close? wicked Maine nor’easter could stop a that they give us back there, for many The yeas and nays are mandatory woman who occupies Margaret Chase years. I so admired him. I knew when under the rule. Smith’s seat today because not only is she came here, her having worked The clerk will call the roll. the senior Senator from Maine a fierce there, that she would be good, and she The bill clerk called the roll. admirer of her pioneering predecessor, has been really good. Mr. CORNYN. The following Senators she is also nearly unstoppable once she I am also impressed with her ability are necessarily absent: the Senator puts her mind to something, and we to work with our Independent Senator, have all experienced that. from Kentucky (Mr. PAUL) and the ANGUS KING. They have worked so well Since assuming her seat in 1997, one Senator from Florida (Mr. RUBIO). together. They don’t always agree on of those somethings that she is so fix- The PRESIDING OFFICER (Mrs. issues, but they are always agreeable ated on has been to never miss a single FISCHER). Are there any other Senators on every issue. I admire both of them, vote. She blew past her idol’s record in the Chamber desiring to vote? and I am so proud to join in lending my nearly a decade ago. The senior Sen- The yeas and nays resulted—yeas 53, voice to congratulate this good woman, ator then marched on to 3,000 consecu- nays 45, as follows: the senior Senator from the State of tive votes, 4,000, 5,000, and the next [Rollcall Vote No. 266 Leg.] Maine. vote will be her 6,000th vote in a row. (Applause, Senators rising.) YEAS—53 Only two other Senators have ever The PRESIDING OFFICER. The Sen- Alexander Burr Collins achieved a longer unbroken streak. ator from Maryland. Ayotte Capito Corker Former Senator Proxmire took 10,252 Ms. MIKULSKI. Madam President, I Barrasso Cassidy Cornyn Blunt Coats Cotton consecutive votes, and our colleague, know it is not the usual protocol to fol- Boozman Cochran Crapo the senior Senator from Iowa, has low the two leaders who have spoken,

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.013 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6781 but I wish to exercise a personal privi- The next vote will be on cloture on Tester Warner Whitehouse lege of being the senior woman in the the motion to proceed to H.R. 36, the Udall Warren Wyden Senate and say that on behalf of all the Pain-Capable Unborn Child Protection NOT VOTING—2 women in the Senate, we congratulate Act, on Tuesday morning. The Senate Paul Rubio Senator COLLINS on this enormous and will be in session on Monday to debate The PRESIDING OFFICER. On this significant milestone. She is certainly the pain-capable bill, and I hope all vote, the yeas are 56, the nays are 42. in the tradition of a very esteemed Members will be here to join in that Three-fifths of the Senators duly cho- predecessor from the State of Maine, discussion. Margaret Chase Smith, who was, her- sen and sworn not having voted in the I yield the floor. affirmative, the motion is rejected. self, a historic figure. CLOTURE MOTION Senator Smith was known for her de- The majority whip. The PRESIDING OFFICER. Pursuant votion to Maine, her advocacy for her Mr. CORNYN. Madam President, by to rule XXII, the Chair lays before the constituents, her fierce independence, twice denying this Chamber the oppor- and for always being at the forefront of Senate the pending cloture motion, tunity for a simple up-or-down vote on being an advocate for what is right. which the clerk will state. the President’s nuclear deal with Iran, The bill clerk read as follows: Senator COLLINS continues to do that. our Democratic colleagues have all but We want to congratulate her because CLOTURE MOTION assured that a bad deal—an executive she is a fierce fighter for Maine. She is We, the undersigned Senators, in accord- agreement that many of them have absolutely independent. For her, it is ance with the provisions of rule XXII of the also criticized—will go into effect with- not about the other side of the aisle; Standing Rules of the Senate, do hereby out the American people having their for her, it is not about aisles, it is move to bring to a close debate on Senate say on this deal. about building bridges. amendment No. 2640. It is clear from public opinion polls I believe that if Margaret Chase Mitch McConnell, John Cornyn, Roy Blunt, John Thune, Deb Fischer, John and actually from counting noses here Smith were alive today, she would Barrasso, Roger F. Wicker, Michael B. and in the House that a bipartisan ma- walk over and give Senator COLLINS a Enzi, Shelley Moore Capito, Orrin G. jority of both Houses opposes this bad great big hug and say: Keep at it. Keep Hatch, Rob Portman, Mike Crapo, deal, but by using procedural block- at it. We say to Senator COLLINS: Keep Richard C. Shelby, Pat Roberts, Thad ades, our Democratic friends have pre- at it for many more votes and for many Cochran, Mike Rounds, David Perdue. vented that up-or-down vote and the more good years to come. The PRESIDING OFFICER. By unan- accountability that should go along I yield the floor. imous consent, the mandatory quorum with it. For what? For what? To pro- (Applause, Senators rising.) call has been waived. The PRESIDING OFFICER. The Sen- tect the President. ator from Maine. The question is, Is it the sense of the As the majority leader has pointed Mr. KING. Madam President, I rise to Senate that debate on amendment No. out, the President is proud of this deal. congratulate my colleague, my es- 2640, offered by the Senator from Ken- This is about his legacy. He thinks this teemed colleague, my esteemed senior tucky, Mr. MCCONNELL, to H.J. Res. 61, deal is perfect. So why are our friends colleague for this accomplishment. I shall be brought to a close? on the other side of the aisle trying to think it is important to realize—we all The yeas and nays are mandatory protect the President from vetoing a know the logistical challenges of mak- under the rule. piece of legislation he is proud of? ing every single vote. What she has The clerk will call the roll. Well, during the debate, these very done is symbolic of her service to this The legislative clerk called the roll. same colleagues who have filibustered country and to the State of Maine. It is Mr. CORNYN. The following Senators this bill have stressed that although not just making every vote. It is sym- are necessarily absent: the Senator they support the President’s deal, they bolic of an intense, fierce commitment from Kentucky (Mr. PAUL) and the remain deeply devoted supporters of to this body and to this institution and Senator from Florida (Mr. RUBIO). the State of Israel. They say they re- to the country. I am delighted that the The PRESIDING OFFICER. Are there main deeply concerned about the plight majority leader and the minority lead- any other Senators in the Chamber de- of American citizens held hostage by er have recognized her today. siring to vote? an Iranian regime. But just a moment I had the occasion to sit next to her The yeas and nays resulted—yeas 56, ago, these very same colleagues, when at a function in Maine when the vote nays 42, as follows: they had an opportunity to prove it, record came out. It comes out about [Rollcall Vote No. 267 Leg.] well, let’s just say their actions speak quarterly or every 6 months. I looked YEAS—56 louder than their words. at mine. I had it in my hand. I leaned Alexander Ernst Moran The vote we just had should have over to her and I said: Look, I have a Ayotte Fischer Murkowski been a straightforward vote. The legis- 98.6-percent attendance record of vot- Barrasso Flake Perdue lation the Democrats have filibustered ing in the Senate. She leaned back and Blunt Gardner Portman would have prohibited the President said: You will never catch me. It is Boozman Graham Risch Burr Grassley Roberts from providing any sanctions relief to true. Capito Hatch the Iranian regime until two things Of course, as has been mentioned, she Rounds Cardin Heller Sasse happen: No. 1, the Iranian regime ac- Cassidy Hoeven sits in the seat of Margaret Chase Schumer Coats Inhofe knowledges Israel as a sovereign state, Smith, one of Maine’s important lead- Scott Cochran Isakson and No. 2, the regime releases U.S. ers of the mid-20th century, one of the Sessions Collins Johnson prisoners it currently holds. But with most important Members of this body. Shelby Corker Kirk only one exception, every Senator on Every day that Margaret Chase Smith Cornyn Lankford Sullivan Thune the Democratic side of the aisle voted appeared on the Senate floor, she had Cotton Lee Crapo Manchin Tillis against both of those provisions. Well, in her lapel a red rose. So in order to Cruz McCain Toomey to be sure, they are consistent about recognize Senator COLLINS today, I Daines McConnell Vitter one thing: shielding the President, who wish to present her with a rose sym- Enzi Menendez Wicker is desperate to protect his legacy, from bolic of her kinship to Senator Mar- NAYS—42 garet Chase Smith. having to make tough decisions. Baldwin Franken Murphy I don’t see the President particularly Senator COLLINS, what an accom- Bennet Gillibrand Murray plishment. Thank you on behalf of the Blumenthal Heinrich Nelson shy about making a decision, even people of Maine and the people of this Booker Heitkamp Peters when it is not authorized by the law, Boxer Hirono country. Reed when it exceeds his authority under Brown Kaine Reid (Applause, Senators rising.) Cantwell King the Constitution. This President has Sanders been the most reckless of any Presi- The PRESIDING OFFICER. The ma- Carper Klobuchar Schatz Casey Leahy jority leader. Shaheen dent I have read about or seen in my Coons Markey Mr. MCCONNELL. Madam President, Stabenow lifetime when it comes to observing Donnelly McCaskill quickly, before the next vote, there Durbin Merkley the limitations and constraints based will be no more votes this week. Feinstein Mikulski on the law and the Constitution.

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.016 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6782 CONGRESSIONAL RECORD — SENATE September 17, 2015 To say the blockade of these impor- unborn child can experience pain. Ban- bill introduced by Representative tant bills is a disappointment is an un- ning nearly all abortions after 5 BLACK, which would put a 1-year mora- derstatement. months—at the point unborn children torium on funding to Planned Parent- I know that many of us will continue can feel pain—should be an obvious hood while the investigation of their to work to promote the bilateral rela- moral imperative for all of us. practices depicted on those videos is tionship with Israel—between the I understand that the issue of abor- completed. United States and Israel—over any sort tion divides our country and that some Right now there are four congres- of association with the world’s fore- believe abortion should be available on sional investigations underway—the most state sponsor of terrorism. Many demand at all points during a preg- Senate Judiciary Committee, the of us—myself included—will continue nancy. Well, we took an important step House Energy and Commerce Com- to call on the administration to bring here in the Congress just a few years mittee, the House Judiciary Com- our citizens home safely from Iran. We ago in banning the barbaric practice of mittee, and the House Oversight and are not giving up. We are not going to partial-birth abortion—the actual de- Government Affairs Reform Com- quit. livery of a child alive and then lit- mittee. Those investigations are metic- PAIN-CAPABLE UNBORN CHILD PROTECTION ACT erally killing the child as part of an ulous, they will be thorough, and we This Chamber does have a lot of im- abortion once they are born alive. Re- will be able to find out, No. 1, whether portant work ahead of us. For the re- gardless of whether you are pro-choice Planned Parenthood and their affili- mainder of my time, I would like to or pro-life, hopefully we can come to- ates are complying with existing law, discuss how we can come together to gether and draw a line—a very clear which prohibits profiteering from the protect the most vulnerable among us; line—at viability of that baby. sale of baby body parts, and whether that is, our unborn. I would like to point out how vital the mothers, who presumably grant Earlier this summer, horrific videos this legislation is for those who, like consent, actually know exactly what is were released depicting Planned Par- me, believe we ought to be advancing a happening to their unborn babies; that enthood executives discussing the har- culture of life in this country. Very is, being sold for research and other vesting of organs from unborn babies. simply, the Pain-Capable Unborn Child purposes. The most recent video was released Protection Act would save the lives of Just this year in the 114th Congress, just a few days ago. In these videos, the thousands of unborn children a year. we have also passed other important blatant disregard for human life was That is why this legislation has gar- pro-life legislation: the Justice for Vic- underscored by a cavalier attitude on nered the support of groups such as Na- tims of Trafficking Act, where we pre- full display by Planned Parenthood ex- tional Right to Life and the Susan B. served the Hyde amendment, which ecutives. They flippantly and callously Anthony List. prohibits and has prohibited since 1976 discussed the selling of body parts from This Chamber is long overdue in tak- the use of tax dollars to fund abortions, babies who never had a chance for life. ing a hard look at the practices de- with some exceptions, and then the Without a doubt, these videos show a picted by Planned Parenthood in these Medicare Access and CHIP Reauthor- dark, ugly side to our humanity. How videos and examining our own con- ization Act of 2015, which reiterated people could become so desensitized science and our Nation’s policies that the law of the land since 1976, the Hyde that they do not recoil in shock at affect the unborn. amendment—named for Henry Hyde, these videos and what they depict is It is important to point out that, former Congressman from Illinois— beyond me. All I can conclude is that contrary to what some in our country that applies these types of protections people somehow have ignored the right would believe, the United States has to funding for community health cen- to life and the potential for life these been one of the most liberal and most ters. babies represent, under handy catch permissive countries in the world with These videos have perhaps reawak- phrases like ‘‘choice.’’ These videos regard to abortion. As a matter of fact, ened the conscience of many of us and rightly shock the conscience of many the commonsense consensus of most made some of us who were not aware of in our country, stirring even sup- democracies, most civilized countries these barbaric practices depicted in porters of Planned Parenthood to pub- around the world, is that abortion after these videos—made it crystal clear to licly denounce them as ‘‘disturbing.’’ 5 months is unequivocally wrong. us that there are things we need to do And yes they are, but they are more There are actually only seven coun- in response, particularly for those who than that. tries in the world that allow abortions believe every human life ought to be As our Nation unites behind this very after 5 months, after viability of the treated with dignity and respect. basic understanding of our moral man- fetus. Sadly, the United States is one There should be no hesitation from date to defend those who cannot defend of those seven. We should not be proud either side of the aisle to ensure we are themselves, we will have a unique op- of the fact that we are right there doing our very best to protect precious portunity to make an important stride alongside of China, North Korea, and human life, so in addition to the ongo- to support an agenda that promotes Vietnam. Virtually almost all other ing investigations I mentioned, in addi- life over death. Next week the Senate civilized countries in the world—even tion to the legislation we have already will consider a piece of legislation if they allow elective access to abor- passed to make sure tax dollars are not called the Pain-Capable Unborn Child tion, they draw an important line at used to fund abortions, we must also Protection Act—legislation I cospon- viability, at 5 months. America can respond with legislation like that sored along with I believe 45 cosponsors and must do better than this. Every which the House will pass either later in the Senate—that would prohibit na- life is a precious gift of God, and we this week or next week that I men- tionwide nearly all abortions after a must protect those who cannot protect tioned a moment ago and legislation pregnancy has reached 5 months. themselves. like the Pain-Capable Unborn Child Many States, including my State, At the same time the Senate will be Protection Act which would fundamen- have a ban on abortions once the baby considering this legislation, the Pain- tally protect the rights of unborn chil- becomes viable outside the womb. A Capable Unborn Child Protection Act— dren. Next week this Chamber will friend of mine who is a neonatologist which, by the way, the House has al- have the opportunity to make this the has told me privately what anybody ready passed—the House will be voting law of the land. can find on the Internet or anywhere on two additional pieces of legislation, Mr. REID. Madam President, today else, which is that roughly at about 20 I believe perhaps as early as tomorrow, marks the last day of the 60-day Con- weeks, the baby becomes viable outside one that would provide that children gressional review period that was es- of the womb. So this legislation will born alive during the process of abor- tablished in the Iran Nuclear Agree- prohibit abortions after that baby be- tion be protected—this is the Born- ment Review Act of 2015, which the comes viable, which under this legisla- Alive Abortion Survivors Protection President signed into law. As has been tion is 5 months. At 5 months, an un- Act, and I believe that will pass the noted numerous times, by supporting born child’s fingerprints and taste buds House of Representatives and be avail- that legislation the Senate voted to are developing. It is at this stage that able for the Senate to take up later— consider three possible outcomes: no many doctors and experts believe an and also a defund Planned Parenthood action at all, a resolution of approval,

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.023 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6783 or a resolution of disapproval. Repub- tened to many of my Republican col- lican and Democratic presidents that licans brought a resolution of dis- leagues make some outlandish claims have longevity far beyond a single ad- approval before the Senate and it with regard to the Iran deal. And now, ministration. If that were not the case, failed. In fact, it failed on three sepa- instead of accepting this fact, some in if the only way to negotiate commit- rate occasions. Thus, the agreement this body have taken their displeasure ments between countries was through will go into force. This issue has been a step further by claiming that because the formal treaty process, our diplo- decided. the JCPOA is not a treaty, it will no macy would be in dire straits today. In However, numerous Republicans have longer be in force in a new administra- fact, most international agreements claimed on the Senate floor that be- tion. are not treaties, yet they govern inter- cause this historic international nu- Nothing could be further from the national relations on a wide range of clear agreement with Iran is not a truth. critically important issues, from trade treaty, and because Congress did not Throughout our history, the United to public health to taxation to naviga- expressly approve the agreement, the States has entered into executive tion, the list goes on and on. deal will not carry into the next presi- agreements, like the JCPOA, without If those who are now suggesting oth- dential administration. That could not congressional approval on a wide range erwise were correct, agreements signed be further from the truth. of subjects, including nonproliferation, one year, often after protracted nego- Let’s set the record straight: history international security, and bilateral tiations to resolve matters of great has proven that international agree- cooperation. complexity, would automatically be- ments are an essential element of di- When President Nixon negotiated the come null and void soon thereafter. plomacy and have longevity far beyond Shanghai Communique in 1972 with What would be the point? I doubt there a single administration. China, which led to the normalization is a Republican or Democratic adminis- Examples of recent nonproliferation of relations with a country that was as tration in the history of this country agreements in place through more than mistrusted then as Iran is now, did that would subscribe to such an un- one administration include: the Hel- anyone try and claim that it would no workable and illogical notion. sinki Final Act, the Vienna Document, longer be valid once Nixon left office? We asked the Department of State I also do not recall this argument the Proliferation Security Initiative, for examples of recent non-prolifera- being made just a couple of years ago and the Missile Technology Control Re- tion agreements that have carried on when President Obama negotiated the gime. through more than one administration. Framework for Elimination of Syrian It is absolutely clear that the Iran It did not take long to get an answer. Chemical Weapons, another example of agreement can remain in force beyond They include: the Helsinki Final Act, an executive agreement. And of course the Obama administration, as have the Vienna Document, the Prolifera- there are many other examples, includ- many other important executive agree- tion Security Initiative, and the Mis- ing the Algiers Accords, numerous sta- ments. The Senate has spoken on this sile Technology Control Regime. tus of forces agreements, and the es- There are countless other examples issue and the Iran agreement will tablishment of the Organization for Se- of international agreements negotiated stand. curity and Cooperation in Europe. throughout our history, by Presidents Mrs. FEINSTEIN. Madam President, Claiming now that the JCPOA ends of both parties that have never re- I concur with the statement of Demo- when President Obama leaves office is ceived formal congressional approval. cratic Leader REID. a terrible break from congressional They continue in effect unless explic- The P5+1 agreement is an executive tradition and threatens to undermine itly repudiated. To suggest that they agreement that can remain in effect American international credibility. automatically expire, or are no longer beyond this administration. In fact, Who would negotiate with the United in effect, after the end of the adminis- portions of the agreement last 20 and 25 States if they believed such agree- tration that negotiated the agreement, years, and others are forever binding ments would be abrogated with a new would cause incalculable disruption to on Iran. President? our international relations and global The United States has concluded These statements are truly reckless. security. other international agreements, such Let it be clear once and for all that In this case, that would mean that on as the Helsinki Final Act and the Mis- this agreement can and will extend be- January 21, 2017, Iran could imme- sile Technology Control Regime, that yond the current administration. diately restart its nuclear weapons pro- have endured. The Comprehensive Mr. LEAHY. Madam President, today gram and refuse international inspec- Joint Plan of Action between the P5+1 is the final day of the 60-day congres- tions. It is absolutely clear that the and Iran is no different. sional review period that was estab- Iran agreement can and is designed to Mr. DURBIN. Madam President, on lished in the Iran Nuclear Agreement remain in force beyond the Obama ad- July 14, President Obama announced a Review Act of 2015. By supporting that ministration. The Senate has also spo- landmark agreement between key legislation the Senate voted to con- ken on this issue. For these reasons, world powers and Iran, the Joint Com- sider three possible outcomes: no ac- and historical precedent, it will con- prehensive Plan of Action, JCPOA, tion, a resolution of approval, or a res- tinue in effect. that removes Iran’s path towards a nu- olution of disapproval. Republicans Ms. MIKULSKI. Madam President, clear weapon. This is a truly historic brought a resolution of disapproval be- Congress has been reviewing the Joint agreement that rolls back Iran’s nu- fore the Senate and it failed not once, Comprehensive Plan of Action for the clear infrastructure, places severe lim- not twice, but three times. The agree- last 60 days. This was the process set its and inspection on any such future ment memorializes the commitments up by the Iran Nuclear Agreement Re- work, and commits Iran to never build of the countries whose governments view Act of 2015, which the President a nuclear weapon. signed it. It will now go into force, and signed into law and 98 Senators sup- And while Iran’s behavior in the re- it is the solemn responsibility of each ported. We have now come to the end of gion remains deeply troubling, particu- of the signatories to the agreement to that process. A resolution of dis- larly in terms of threats to Israel, this fulfill their commitments. approval, to stop the deal from going agreement ensures that such bellig- However, many Republicans, as if forward, failed three times here in the erence will not occur with a nuclear singing from the same sheet of music, Senate. I know my colleagues and our threat. have suggested that because this nu- constituents have very strong feelings Per the Iran Nuclear Agreement Re- clear agreement with Iran is not a for- on this issue. This was a very tough view Act, the announcement of the mal treaty, and because Congress did vote for me and one that I took very, agreement set in motion a congres- not expressly approve the agreement as very seriously. But now this issue has sional review period which ended opposed to defeating successive at- been decided. today. tempts to disapprove it, the deal will But that is not enough. Now Repub- In the past week, the majority leader not continue into the next presidential licans are saying that since the Iran has tried three times to pass a resolu- administration. That is false. agreement isn’t technically a treaty, tion of disapproval and three times it There is a long history of inter- and because the Senate did not explic- failed. During these debates, I have lis- national agreements signed by Repub- itly approve it, the deal doesn’t carry

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.074 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6784 CONGRESSIONAL RECORD — SENATE September 17, 2015 forward into the next Administration. unstinting. This will demand constant the votes that took place earlier today If history is any indication, we know attention and ample funding for an ex- on the Senate floor. The resolution of international agreements are a critical tended period. In this vein, I would disapproval of the Iran nuclear agree- part of diplomacy and many have lived note that the State Department has ment has now been voted on three on well after the President who signed appointed Ambassador Stephen Mull as times in the Senate, and it has failed them leaves office. This is how Amer- Lead Coordinator for Iran Nuclear Im- to advance three times. ica conducts its foreign policy with its plementation. Ambassador Mull is a Likewise, the House has failed in its allies—and its adversaries. professional with a long resume. I look own efforts to move a resolution of dis- Many other agreements have lived on forward to working with him moving approval. The fact of the matter is that through more than one Administra- forward. the nuclear agreement with Iran is a tion. These includes the Helsinki Final I thank the Democratic leader for his done deal, and the President now has Act, the Vienna Document, the Pro- comments and I appreciate working every right to move ahead with its im- liferation Security Initiative, and the with him and my colleagues as we look plementation, period. Missile Technology Control Regime. toward the implementation phase of Yet we were on the Senate floor this It is clear that the Iran agreement this agreement—both in the near term morning, voting on a highly charged can and should remain in force beyond and beyond January 2017. Iran amendment that the majority the Obama administration, just like Mr. BROWN. Madam President, I leader introduced. Unfortunately, the other important agreements that have want to concur with the statement of amendment was yet another political come before it. The Senate has spoken the distinguished Democratic Leader attempt to undermine the agreement. on this issue. The Iran deal blocks the on the long-term durability of the Iran This amendment would prevent the paths for Iran to get a nuclear bomb agreement. President from providing sanctions re- and is the best available option on the Assuming Iran complies with the lief to Iran-thereby scuttling the entire table. It can and should remain in force agreement and takes the key steps nec- agreement—unless Iran does two through the next Administration. essary to substantially reduce its things: recognize the State of Israel Mr. REED. Madam President, I would stockpiles of enriched uranium, scale and release four Americans wrongfully like to echo the comments of the back its centrifuges, make changes to imprisoned in Iran. Democratic leader. As of today, the the Arak reactor to render it inoper- I voted no on cloture on this amend- Joint Comprehensive Plan of Action able and unable to produce weapons- ment, and I want to take a moment to goes into effect. As the leader said, it is grade plutonium, and takes the many explain why. To be clear, my vote does also my assessment that this agree- other steps necessary to qualify even- not mean that I endorse Iran’s position ment is an enduring agreement that tually for sanctions relief next year— on Israel nor does it mean that I don’t will extend beyond the end of the and then continues thereafter to com- care about the American prisoners in Obama administration. The leader ply with their obligations—this agree- Iran. Just because I support this diplo- cites a number of critical nonprolifera- ment can and should last for many matic agreement does not mean I sup- tion agreements that both Republican years. port Iran’s reprehensible policies. and Democratic administrations have Today is the last day of the 60-day In fact, I want nothing more than for Iran to recognize Israel as a sovereign agreed to over the decade and they congressional review period established state. I have always stood by Israel, have endured the test of time and in the Iran Nuclear Agreement Review and its security and future well-being change of administrations. Act, which the President signed into Let’s also remember that while this law. As the leader noted, by supporting are foremost in my mind. For those of us who are personally connected to agreement’s congressional review pe- that legislation the Senate voted to Israel and care for her deeply, this vote riod is complete, there is much that consider three possible outcomes: no is nothing more than an attempt to needs to be done by Iran before any action at all, a resolution of approval, sanctions relief is provided to them. embarrass us and score political points. or a resolution of disapproval. Repub- It should be obvious to the American Iran must, as verified by the IAEA, licans brought a resolution of dis- people that, of course, we all stand demonstrate that it has implemented approval before the Senate and it with Israel—Democrats and Repub- the necessary steps with respect to No. failed. In fact, it has now failed on licans. Since 2008, we have provided 1, the Arak heavy water research reac- three separate occasions. more than $25 billion to support tor; No. 2, its overall enrichment ca- In recent days, many of my Repub- Israel’s defense. At $3.1 billion per pacity; No. 3, its centrifuge research lican colleagues have claimed on this year, Israel is the largest annual re- and development; No. 4, the Fordow floor that because this historic inter- cipient of U.S. military assistance, fuel enrichment plant; No. 5, its ura- national nuclear agreement with Iran which can be used to purchase U.S. de- nium stocks and fuel; No. 6, its cen- is not a treaty and because Congress fense equipment and services. We’ve trifuge manufacturing; No. 7, com- did not expressly approve the agree- also provided $3 billion specifically for pleting the modalities and facilities- ment, it will not carry into the next missile defense systems, such as the specific arrangements to allow the Presidential administration. That is Iron Dome, David’s Sling, and Arrow. IAEA to implement all transparency not true. While it is true that the next In fiscal year 2015 alone the Congress measures and the Additional Protocol President could decide—even in the provided $351 million for Iron Dome— and Modified Code 3.1; No. 8, its cen- face of continued compliance by Iran twice the president’s budget request. trifuge component manufacturing and strong objections from our allies in We all want Iran to recognize Israel transparency; and No. 9, addressing the the P5+1—explicitly to withdraw from and stop threatening its existence. We past and present issues of concern re- the agreement, I don’t expect that to all want Iran’s support for terrorist lating to PMD. happen. And unless and until that hap- proxies on Israel’s doorstep to cease. I also want to reiterate one point pens, the terms of the agreement and We all are disturbed by the Ayatollah’s that I have made previously: while re- the obligations of the U.S. Govern- calls for Israel’s destruction. But the jecting the resolution of disapproval ment—and all other governments that way to truly have Israel’s back is not and other similar efforts was impor- are party to the agreement, including through this amendment. tant for the future of this deal, it is ef- Iran’s—to comply do not end when this On the prisoners currently held in fective, unrelenting implementation of administration ends in January 2017. Iran, it must be said and reiterated: No the JCPOA that will be the real test, Leader REID has outlined in his state- American, let alone any member of and it is where I hope the critics of this ment numerous similar agreements Congress, wants any of our citizens agreement will focus their attention. that have stood the test of time, from wrongfully imprisoned in Iran. These Holding Iran’s feet to the fire under administration to administration, over detainees deserve to be brought home, this agreement is the critical piece at the years. I commend Leader REID for safe and sound, to their loved ones. this point, and it is critical that both his statement, and agree whole- But, again, a partisan amendment does the President and the Congress ensure heartedly with him. not make that happen. that efforts to monitor and sustain the Mrs. FEINSTEIN. Madam President, The vote today was nothing more provisions of the agreement are I rise today to express my dismay over than an attempt to extract a political

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.028 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6785 price for our previous vote in support This water that was polluted by the flicted it upon Americans in these com- of the nuclear agreement. Playing poli- Environmental Protection Agency munities. I have spoken with tribal tics with one of the most important na- flows from Colorado to New Mexico and leaders who say the EPA has mis- tional security votes of our time does into Utah. It flows through the land of handled the spill, and the EPA’s mis- nothing to actually support Israel, nor the Navajo Nation and the Southern handling of the spill has seriously dam- does it do anything to free the pris- Ute Indian Tribe. These waterways are aged their trust—the tribe’s trust—of oners. If my counterparts truly wanted a sacred part of the culture for Native this agency. And I don’t blame them. to enhance Israel’s security and free Americans who live near them. So why Finally, the EPA’s failure in this in- the Americans, they would stop trying didn’t the EPA get on the phone? The cident raises lots of questions about to undermine the nuclear agreement Navajo Nation was not informed until the agency’s priorities. After all, the with Iran-which I believe is our best a full day after the spill. It got the Obama Environmental Protection opportunity to begin to turn a new news from the State of New Mexico, Agency has expanded its authority—ex- page with Iran. not from the agency that caused the panded and seized control over one area I stand ready and eager to work with disaster—the EPA. after another. Look at its destructive my Republican counterparts to achieve At first, EPA didn’t even want to new rules on waters of the United our shared goals of supporting Israel admit how bad the spill was. They said: States. This agency has declared that and getting our prisoners out of Iran. Oh, it was a million gallons of waste- only Washington can be trusted to pro- But we have a far better chance of water. Days later they admitted they tect America’s rivers and streams. achieving that through bipartisan co- had actually spilled three times the That is what the Environmental Pro- operation and working together to amount they said at first. Four days tection Agency says: Only they can be make sure the nuclear agreement is after the spill, the EPA still hadn’t re- trusted to protect America’s rivers and fully implemented. ported to Navajo leaders the presence streams. How then do they justify It is time to move past the repeated of arsenic in the water—arsenic. It still grabbing all of this new power when attempts to overturn the nuclear hasn’t reported it. It took 5 days for they can’t even protect rivers from agreement. It is extremely unfortunate the agency to set up a unified com- themselves? They caused this problem. we had to take the vote today, espe- mand center in Durango, CO. Look at this photo I have in the Cham- cially given all the other pressing mat- Yesterday, I chaired a hearing of the ber. Does this look like the work of a ters before the Senate. Indian Affairs Committee that looked bureaucracy that should be in charge I yield the floor. at how this disaster affected tribes of protecting America’s precious water- Mr. CORNYN. Madam President, I along the route. The agency’s expla- ways? Look at that before-and-after: suggest the absence of a quorum. nation was disappointing—very dis- beautiful blue water running through, The PRESIDING OFFICER. The appointing. The disaster happened over then this—sludge, dirty, polluted, and clerk will call the roll. 6 weeks ago. The EPA is still not giv- toxic. The EPA caused this. Does this The senior assistant legislative clerk ing out detailed answers about what look like the work of a bureaucracy proceeded to call the roll. went wrong. that should be in charge of protecting Mr. BARRASSO. Madam President, I This tragedy also raises questions our national precious water? ask unanimous consent that the order about the EPA’s basic competence. Ac- The Obama administration has fo- for the quorum call be rescinded. cording to a preliminary review by the cused on its radical climate change The PRESIDING OFFICER. Without agency, the EPA failed to take basic agenda and has neglected its most objection, it is so ordered. precautions—failed to take basic pre- basic responsibilities. This photo GOLD KING MINE SPILL cautions. The agency never even should not give anyone confidence that Mr. BARRASSO. Madam President, I checked how high the water pressure the Obama administration is up to the want to speak today about a tragedy was in the mine, but the report did say job. They are not. that hit the American people, the the EPA knew about this risk—the risk Do we really think that Washington American West last month, and it is of a blowout—14 months earlier, before should have more control over rivers something that didn’t get nearly as it actually happened. They knew about like this when they caused something much attention as it should have. I am it. They knew the risk and never both- like this? Does anybody in America be- talking about what has been called the ered to figure out what the worst-case lieve that? Washington did this. The Gold King Mine spill. It happened on scenario would be and what they would EPA did this. Washington poisoned this August 5. That was when the Environ- do if water actually started rushing river this way. The Environmental mental Protection Agency spilled 3 out. But that is what happened, and Protection Agency—the so-called Envi- million gallons of toxic wastewater they knew it could. ronmental Protection Agency—must be into a tributary of the Animas River in The people who live along these riv- held accountable. Colorado—3 million gallons. ers are frustrated by this agency’s in- When any private company is ac- This is water that contained toxic competence, but they are also fright- cused of violating the Clean Water Act, substances, such as arsenic and lead. ened. People are afraid of what the the EPA aggressively pursues civil The agency was doing some work on an long-term health effects might be for fines against that company and any of old mine when water under high pres- them and for their children. Farmers the individuals involved as well. Even sure started rushing out. This dis- and ranchers are being devastated by criminal prosecution occurs. If this turbing incident raises serious ques- the disaster. They are uncertain about were a 3-million-gallon toxic spill tions about how the EPA, the so-called whether the agency will be compen- caused by private citizens, the EPA Environmental Protection Agency, sating them for their losses—losses would act aggressively against those does business. that are the result of the EPA’s own in- people. The EPA would never accept First of all, it raises significant ques- competence. the kind of feeble, half apologies and tions about this agency’s responsive- At our hearing yesterday we heard explanations we have heard so far from ness. After the EPA had this accident, from Gilbert Harrison. He is a Marine this administration and from the Di- apparently it never occurred to them Corps veteran, and he has a 20-acre rector of the EPA who testified yester- to immediately call the towns down- farm on the Navajo reservation. He day. There is clearly a double standard stream and to let anyone know this grows corn, alfalfa, watermelons, and between the way the EPA treats itself toxic plume was headed their way. The other crops. He estimates he is going to and the way it treats everyone else. Animas River connects to the San lose 40 to 50 percent of some of his The EPA failed—it failed—to do the Juan River, which connects to the Col- crops because he couldn’t use the water proper planning before it caused this orado River and to Lake Powell. These to irrigate. The farmer told our com- disaster. I believe it has also failed to are some of the most beautiful natural mittee yesterday: do the proper work before writing regu- resources in all of America. It is the This spill caused by the U.S. EPA created lations, such as its waters of the source of water for communities all a lot of chaos, confrontation, confusion, and United States rule and its so-called along the way. They provide recre- losses among the farming community. Clean Power Plan. ation, water for irrigation for crops This was a man-made disaster, and With this spill, the agency’s careless and for homes. the Obama administration’s EPA in- approach has done terrible damage to

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At our hearing yesterday the EPA about 60 fighters, and, upon their re- Our military characterizes the conflict administrator continued to try to turn to Syria, they were attacked by as a stalemate. But, apparently, the downplay the impact of its actions— Al Qaeda-affiliated forces. administration feels no change is nec- downplay the impact of its actions. General Austin testified yesterday essary. We are told the long-term tra- The agency needs to step back and before our committee. In response to jectory is favorable, and ISIL’s future, rethink its priorities. This disaster my questioning, he said that only four as General Dempsey put it, is ‘‘increas- happened because the EPA is inept at or five of those fighters remain. Again, ingly dim.’’ I appreciate the fact that its job. There should be no more trying we expected 5,000, and 4 or 5 remain. I patience is required when it comes to to deflect attention from the failure of wish I could say the complete failure of military operations, but at the same the EPA—no more trying to grab addi- this strategy comes as a surprise. Un- time, patience doesn’t fill the funda- tional power that it can use to do more fortunately, I cannot. While ISIL has mental gaps in this administration’s damage. lost some territory in northeastern strategy. And the idea that we can wait The Environmental Protection Agen- Syria, it has expanded its control in ISIL out seems to overlook the death, cy has been out of control for far too the western half of that country. destruction, and collateral damage its long. It is time for Congress and Presi- Iraq is a similar story. Recruits for continued presence inflicts on the dent Obama to hold the EPA account- U.S. training programs remain below neighboring countries or to at least able for its failures, and it is time to expectations, with U.S. forces training suggest that it is tolerable. rein in this runaway bureaucracy be- just over half the number of Iraqis ex- I have visited the region several fore it does more damage to our com- pected, and progress on the battlefield times. Our allies there cannot sustain munities, to our economy, and to our is uneven. It is plain to see why Gen- the strain of this conflict for years on country. eral Dempsey, our most senior uni- end. I have visited a Syrian refugee Madam President, I yield the floor. formed military officer, has recently camp in Turkey. Those people cannot I suggest the absence of a quorum. characterized the fight as ‘‘tactically wait there forever. Lest we forget, col- The PRESIDING OFFICER. The stalemated.’’ leagues, this conflict has been raging clerk will call the roll. The question is, What are we going to for 4 years. Sadly, the flood of refugees The senior assistant legislative clerk do? How will our approach change? reaching Europe was entirely predict- proceeded to call the roll. What can we do to break that stale- able. Mrs. FISCHER. Madam President, I mate? What can we do to begin rolling And how long before a divided Iraq ask unanimous consent that the order back this tremendous threat? becomes irreparable? As long as ISIL for the quorum call be rescinded. I attended yesterday’s hearing with exists and continues to exercise initia- The PRESIDING OFFICER (Mrs. those questions in mind, and I was ex- tive on the battlefield, it will draw re- ERNST). Without objection, it is so or- tremely disappointed to hear that no cruits, expand its global network, and dered. real change was in order. To be fair, inspire those ‘‘lone wolf’’ attacks. Its STRATEGY AGAINST ISIL press reports indicate that changes are ability to execute attacks against Eu- Mrs. FISCHER. Madam President, I being considered, such as deploying rope and the United States will im- rise today to discuss our strategy graduates of our training program in prove as more foreign fighters pass against ISIL. groups larger than 50 or in safer areas through its ranks and then return to Yesterday at our Armed Services of the country. their home countries. These are the Committee, we held a hearing on this But even if such minor adjustments very reasons Congress supported tak- topic. Instead of reassuring me that are made, they will not alter the basic ing military action against ISIL in the our mission was on the right path, the fact that the idea of a new Syrian force first place, but I certainly did not sup- testimony provided further evidence is a complete fantasy under our cur- port the deployment of forces to estab- that the administration must change rent approach. lish a stalemate. their approach. I agree with the Presi- Perhaps in recognition of this, an- When our soldiers are put in harm’s dent’s stated goal of degrading and de- other report has surfaced that suggests way, we shouldn’t be content to just stroying ISIL, but the steps we have the administration is no longer at- ‘‘patiently’’ leave them there, with no taken thus far will not achieve ISIL’s tempting to build a moderate ground strategy to achieve our goals. As my defeat. Indeed, the root of the problem force in Syria. Instead, they will sim- colleague Senator MCCAIN—who has seems to be that our strategy does not ply train Syrians to direct U.S. air been a tireless advocate on this issue— connect with events on the ground. strikes and then embed them within has pointed out, there are a variety of There is no better example of this than existing rebel brigades. options available to the President be- our plan to train and equip the so- If our experience thus far indicates tween the current approach and de- called moderate Syrian troops. that very few moderate groups remain ploying large amounts of troops on the At the end of last year, Congress ap- on the battlefield, we will either be ground. With only a stalemate to show proved the President’s request of $500 providing air support to a contingent for the thousands of soldiers we have million for the purpose of building a too small to make a difference or we deployed, the 5,000 air strikes that we force of moderate Syrian fighters. Tes- will be providing it to groups that are have conducted, and the past year we tifying in September of last year, then- too extreme to currently warrant any have spent training Syrians and Iraqis, Secretary of Defense Hagel laid out the support from us. I think these options deserve reconsid- administration’s plan to build a force Again, I support the President’s goal eration. of about 5,000 fighters in 1 year. Gen- to destroy ISIL, but I don’t see how The President has stated that ‘‘all eral Dempsey, the Chairman of the anyone can believe this program is wars must end’’ and that our country Joint Chiefs of Staff, added his assess- going to accomplish it. Instead of pro- ‘‘must move off a permanent war foot- ment that about 12,000 fighters would viding a new direction, the message ing.’’ I believe the best way to do so is need to be trained for the force to have this administration is sending is that by crafting a strategy that plans for an effect on the battlefield. they will stay the course. I admit I victory. Initial results were expected within 8 share the complete confusion expressed Before I yield the floor, I want to to 12 months. At that time, many by some of my colleagues yesterday note my appreciation of Secretary Car- Members, including myself, questioned when we learned of this situation. ter and General Austin for their frank whether those goals were attainable This White House acknowledges that testimony before the Senate Armed and whether this assumption—that we the training programs in Syria and Services Committee. Both men have could fight a war without taking on Iraq—the linchpins of our strategy— come before our panel and they have

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.025 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6787 provided honest assessments and also Lou Stokes he gave back many times like Cleveland. He stood up for collec- specific figures about the results of the over. tive bargaining. He stood up for the Syria training program, for which they The seeds for his career of service rights of workers everywhere. And to have received significant media scru- were sowed in many places, in many give a permanent and powerful voice to tiny. fields, but particularly, he used to say, people of color, he helped to form the The point of a public hearing is to in the Army when he was stationed in Congressional Black Caucus. provide the American people and their the Deep South during the days of seg- Congressman Stokes’ accomplish- representatives in Congress with the regation. He was appalled by the in- ments are many. We honor him today information they need to know so we equalities he witnessed, even for those with our words and with this resolution can make informed policy decisions. I wearing the uniform and serving our Senator PORTMAN and I are intro- sincerely hope more witnesses follow country. He said once: ducing. We should strive to honor and their example and justly uphold the I remember being moved from Jefferson continue to honor him each day. valuable tradition of congressional Barracks in St. Louis to Camp Stewart, Here is how we do it, and I will close oversight by not shying away from dis- Georgia, through Memphis. They stopped the with this. On a Sunday night, 2 days cussing these very difficult topics. train there to eat lunch. The first dining before the 2008 elections, Senator room was all white soldiers; the next dining I yield the floor. Obama—a colleague of mine at the room was German POWs. A black curtain time in the Senate—was campaigning I suggest the absence of a quorum. separated the black soldiers from the Ger- The PRESIDING OFFICER. The in Cleveland for President. It was two man POWs. It was one of the first times it nights before the election. clerk will call the roll. really hit me. As Senator PORTMAN and I remind The senior assistant legislative clerk He would go on to dedicate his life to proceeded to call the roll. our colleagues, Ohio is perhaps the Na- fighting those inequalities. tion’s No. 1 swing State. I know the Mr. BROWN. Madam President, I ask He and his brother Carl opened a law unanimous consent that the order for Presiding Officer thinks they elect firm in Cleveland. The first cases were Presidents in her State, but we really the quorum call be rescinded. civil rights cases. Congressman Stokes The PRESIDING OFFICER. Without do elect Presidents in the State of took on cases both big and small, in- Ohio. objection, it is so ordered. cluding the landmark stop-and-frisk Mr. BROWN. Madam President, I ask So then-Senator Obama came to Ohio Supreme Court case Terry v. Ohio. the Sunday night before the election to unanimous consent to speak for up to Again and again throughout his legal 20 minutes as in morning business and a rally estimated at between 70,000 and career, he fought for the interests of 80,000 people. As Presidential can- to share the time with the Senator the powerless against the powerful— from Ohio, Mr. PORTMAN. didates almost inevitably and invari- the same as he did in Congress. ably are at the end of campaigns, he The PRESIDING OFFICER. Without In 1965 Louis and Carl Stokes rep- objection, it is so ordered. was about an hour late. Bruce resented the local NAACP in chal- Springsteen took the stage. A number REMEMBERING CONGRESSMAN LOUIS STOKES lenging Ohio’s congressional map. of us spoke at the rally. Mr. BROWN. Madam President, I am Around that time, Congressman Before Senator Obama arrived, I had joined by my colleague on the floor Stokes’ brother Carl was elected mayor the honor—and it became one of my today, both of us longtime friends of of the city of Cleveland in a second at- greatest memories ever of public serv- the now late Congressman Louis tempt, and Cleveland then became the ice—I stood beside and behind the Stokes. Senator PORTMAN and I sat to- largest city in America which had grandstand and had a conversation of gether at Congressman Stokes’ funeral elected a Black mayor. about 45 minutes to an hour with Con- at Olivette Church in Cleveland just a The new district map created from gressman Stokes, who was retired at couple of weeks ago. We both called the lawsuit I mentioned brought Ohio’s that point; Rev. Otis Moss, who deliv- Lou a friend. I wish to speak about first African-American majority dis- ered his eulogy a couple of weeks ago; him, and then I know Senator PORTMAN trict in 1968. Lou Stokes won that seat and Mrs. Edwina Moss. I just listened would like to speak about his friend- and became the first African American to them for 45 minutes talk about what ship and his alliances and allegiances to represent Ohio in Congress. In only it meant to them that we were this and work with Congressman Stokes. his second term in the House, he be- close to electing an African-American He grew up in a Federal housing came the first African American in the President. They, frankly, didn’t think project in Cleveland. His father worked Nation’s history to serve on the House it would happen in their lifetimes. in a laundromat. His father passed Appropriations Committee. He didn’t They weren’t even sure, the polls not- away when Lou was 3, leaving his use his success to seek glory for him- withstanding, that it was going to hap- mother with two young sons to raise. A self; he used his commanding position pen in 2008. The excitement and the former sharecropper and descendant of to expand opportunities not just in his sense of history and the awe and the slaves, she cleaned houses to support own district in Cleveland—so impor- depth of feeling Congressman Stokes her sons and encouraged them to get tant to those of us who live in Cleve- and Edwina Moss and Reverend Moss an education. land and those of us who represent exhibited during that 45 minutes—talk- Lou shined shoes to earn money for Ohio—but he used his position to help ing, reminiscing about memories, the family. He served in the Army dur- African-American communities all thinking of the future—to my wife ing World War II—probably a pretty over the country. He was imme- Connie and me was something I will segregated Army. He served and went diately—and he earned it—more and never forget. to college at Case Western at night on more beloved in the Black commu- Since then, Citizen Stokes—former the GI bill. nities in every city in Ohio, including Congressman—who cared so deeply From public housing, to public edu- from Mansfield, where I grew up, to about this, was so happy we passed the cation, to public investment in our Akron, to Columbus and Cincinnati, to Affordable Care Act. He was so happy servicemembers, Congressman Stokes’ Dayton and Toledo and the smaller cit- we did things such as the auto rescue life accomplishments show how govern- ies. to get our State’s economy back and ment makes a difference in people’s He gave those who were too often ig- going again. He cared so much about lives—something he passionately be- nored a voice in Washington, where it voting rights. He was so troubled by lieved in—the partnership between gov- could make the most difference. He se- the Supreme Court decisions. He was so ernment and communities, between the cured money for housing, urban devel- hopeful that our country could get Federal Government and what we can opment, health care, jobs programs, back on track in a bipartisan way to do together as a country. In the 20th education, and for colleges primarily build this economy, to pass voting century, our country made great serving people of color. rights, to do all of the things he de- strides in that public investment and He was a strong advocate for unions. voted his life to first as a young law- in expanding opportunity, paving the He cared greatly about the trade union yer, then as a Congressman, and then way for people like Congressman movement. He knew the trade union as one of Ohio’s most prominent citi- Stokes to become national and commu- movement gave great opportunity to zens, to continue to speak out on these nity leaders. What this country gave to African Americans, especially in cities issues that matter to all of us.

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.031 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6788 CONGRESSIONAL RECORD — SENATE September 17, 2015 We should honor his life and legacy We also wrote legislation to connect colleague, to watch him as an effective by continuing Congressman Stokes’ all the Underground Railroad sites leader. He has made an impression on work for equality and justice in the around the country, many of which me, and he has made an indelible im- lives of others. We honor him. We con- were in disrepair and in danger of being pact on the State of Ohio. He will be sidered him a friend, and I know Sen- lost, and that is the Network to Free- missed as an effective leader, a great ator PORTMAN did too. dom Act that continues today to get leader for Ohio, and a loyal friend. I am thrilled to be able to stand on the Park Service involved in pro- I yield back my time. the floor and speak for a few moments tecting these sites. The PRESIDING OFFICER (Mr. about my friend, the late Congressman It was always a pleasure to work HOEVEN). The Senator from Wash- Stokes. with him, and he was a loyal and trust- ington. The PRESIDING OFFICER. The Sen- ed legislative partner. BUDGET DEADLINE ator from Ohio. He then went to the Squire Sanders Mrs. MURRAY. Thank you, Mr. Mr. PORTMAN. Madam President, I law firm, and I was honored again to President. thank my colleague from Ohio for his call him a colleague when I worked Mr. President, right now we are on a remarks and for joining me here on the there after leaving government and be- course for yet another Republican gov- floor to talk about our former col- fore running for the Senate. So we had ernment shutdown in just 13 days. We league and friend, Congressman Louis a chance to get to know each other bet- know what this looks like and how Stokes. He was an amazing guy. He was ter outside of the legislative branch. damaging it is because we saw it 2 a true American success story and a He had a great career, as Senator years ago when tea party Republicans true son of Ohio who dedicated his en- BROWN just said. dug in their heels and tried to use shut- tire life to public service, whether he What I admired about him most was down threats to repeal the Affordable was in elected office or not. his interest and ability in getting to a Care Act. I think my colleague Senator BROWN result. He was not about giving fancy We know that during the 16-day shut- has done a really nice job speaking speeches or rhetoric. He was about down that followed the tea party tan- about his humble beginnings. coming up with solutions to help the trum, workers across our country Lou Stokes grew up without the ben- people he represented in Cleveland, and didn’t know when they would get their efit of having a dad around. He grew up I think in his heart well beyond Cleve- next paycheck, businesses felt the in a poor household but with a lot of land, and that is why he was so effec- sting of fewer customers, and families pride. His mom pushed him to get an tive. across our country lost even more trust education and to be the best he could, He didn’t get sidetracked by the par- that elected officials in our country as clearly she did with her other son, tisanship and political attacks. He Louis’s brother Carl. could even get anything done. After all After growing up in Cleveland, he kept focused, and he made a big dif- that—after all the damage families and spent a few years in the Army, which ference. He had a meaningful impact on communities felt—we also know that had a big impression on him. He then lives in his district and well beyond. the 2013 government shutdown actually went to Cleveland-Marshall College of All you have to do is go through did nothing to stop the Affordable Care Law. He was a successful attorney and Cleveland to see his impact. It is hard Act. actually argued three cases before the not to see a landmark named after him Once that shutdown ended, I was U.S. Supreme Court. So he had a career or his brother Carl. Among those is the proud to work with the Republican in law that was distinguished even be- Louis Stokes Public Annex to the Budget chairman, PAUL RYAN, to do fore getting into politics. Cleveland Public Library, as well as what we shouldn’t have needed a shut- Senator BROWN talked about his the Louis Stokes Health Sciences Cen- down to get done, and that was nego- brother Carl and the fact that when he ter at Case Western Reserve Univer- tiate a 2-year bipartisan budget deal was elected the mayor of Cleveland, it sity. that prevented another government then became the largest city in Amer- I remember going to his retirement shutdown. It restored critical invest- ica which had elected a Black mayor. party from the Squires Sanders law ments in priorities like education, re- Louis Stokes told me he saw that and firm. I had rushed there from another search, and defense jobs, and it showed that is what inspired him to think meeting and had gone through town, families their government can get maybe he should get involved in public and as I arrived I said: Let’s just name something done when both sides are service in that way as well. So he ran the town after Lou Stokes, because I willing to come to the table and com- for office. He got elected to the House was on Stokes Street and went by the promise. of Representatives. He was the first Af- Stokes library and the Stokes Health I was hopeful that after the economy- rican-American Congressperson from Center. So those were all assessments rattling exercise in futility and the bi- Ohio; that was in 1968. He would later of the impact he had on his commu- partisan deal that came out of it, Re- become the first African American to nity. publican leaders would have learned a sit on the Appropriations Committee. He was a very strong family man, a few lessons. Well, 2 years later, as our So a lot of firsts. loving husband to his beautiful wife bipartisan deal is set to expire, here we As Congressman, he served for 30 Jay of more than 50 years, and he was are with another Republican govern- years. He became a very influential very proud of his kids. Each of them in ment shutdown around the corner. Member. Senator BROWN and I had a their own right has gone on to distin- What are the leaders doing about chance to serve with him there. He rep- guished careers. His grandchildren this? What is their plan to avoid a re- resented his district faithfully, but he spoke at the funeral where Senator peat of 2013? Are they working with also played a pivotal role in broader BROWN and I were, and, boy, were they Democrats to keep government open issues well beyond his district. His in- articulate. They were just really im- and negotiate a budget deal as we have volvement in civil rights was men- pressive. He had so much to be proud been pushing them to do for months? tioned, as well as certainly education of. Unfortunately, the answer is no. In- and justice issues. I had the opportunity to visit him stead, just days away from a looming I was a proud cosponsor of a number just before he passed, and the last fiscal deadline, Republicans are back of bills with him. We collaborated on thing he said to me is: I am so lucky, as far into their partisan corner as one project in particular called the Na- ROB. I am so lucky to have had a great they can get and are focused on their tional Underground Railroad Freedom family. That is what he talked about to political pastime—attacking women’s Center in Cincinnati, where he helped me in our final moments together. health. me tremendously. This was in my He was determined and he was suc- Instead of spending the coming weeks hometown, not in his town. As a mem- cessful, no question about it, but he did working to avoid a budget crisis, which ber of the Appropriations Committee, it in a gentlemanly way. He had a is what we should be doing, Repub- he was critical to getting that freedom great smile, a good sense of humor. His licans are unbelievably planning to center up and going, which is a na- laughter could light up a room, and it vote on yet another restriction on tional center that resides today on the did. I was just very grateful to call him women’s health and rights. This is banks of the Ohio River. a friend and to have him as a respected transparent pandering that is bad for

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.033 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6789 women, bad for our economy, and bad Democrats are ready to get to work, any reason, including planned surgery for our country. and I hope that, finally, Republican or major family events, such as a wed- People across the country are watch- leaders are as well. ding, that may have been scheduled ing this, and they are appalled. This Thank you, Mr. President. weeks or even months in advance, particular bill that is coming to the I yield the floor. causing many of them to lose money floor next week is an extreme, uncon- The PRESIDING OFFICER. The Sen- on nonrefundable plane tickets, hotel stitutional abortion ban, which would ator from Maryland. deposits, et cetera. restrict a woman’s constitutionally Mr. CARDIN. Mr. President, I would I am using the process permissible protected right to make her own like to discuss my bill, S. 2035, the Fed- under rule XIV of the Standing Rules choices about her own health and her eral Employee Fair Treatment Act. of the Senate to place S. 2035 directly own body. That bill would mean that if I ask unanimous consent to speak as on the legislative calendar. I am doing a young woman endures rape or incest, in morning business. that to expedite consideration of the she would have to go to the police be- The PRESIDING OFFICER. Without bill so that the hardworking middle- fore getting the care she needs, and it objection, it is so ordered. class Federal employees know they would take away the right to choose FEDERAL EMPLOYEE FAIR TREATMENT ACT will be treated fairly if there is another from adult victims of incest entirely. Mr. CARDIN. The legislation I have shutdown. They shouldn’t have to Finally, that bill would allow politi- filed, S. 2035, the Federal Employee worry about whether they will be paid cians in Washington, DC, to get be- Fair Treatment Act, will help alleviate when a partisan gridlock prevents tween a woman and her doctor by mak- some of the fears of Federal workers them from doing their jobs. ing it a crime for doctors to provide when the Federal Government shuts Since 2011, Federal workers have con- health care their patients need. down. I am pleased to have Senators tributed $159 billion to deficit reduc- This kind of dangerous, extreme leg- REID, BALDWIN, CARPER, GILLIBRAND, tion. They have endured a 3-year pay islation might appeal to the tea party, HIRONO, KAINE, LEAHY, MIKULSKI, SHA- freeze and two substandard pay in- but it is going nowhere. Voting on it HEEN, and WARNER as original cospon- creases since then, for a total of $137 certainly will not keep the government sors. billion. They lost another billion dol- open and, just like the Republican at- The bill is simple and straight- lars in pay because of sequestration-re- tacks on the Affordable Care Act 2 forward. It requires that all Federal lated furloughs. Federal employees years ago, this latest GOP effort to workers furloughed as a result of any hired in 2013 and since 2014 are paying turn back the clock on women’s health lapse in appropriations that may begin an extra $21 billion for their pensions. is a dead end. as soon as October 1 will receive their And each and every Federal worker is A new report from the CBO shows pay retroactively as soon as it is prac- being asked to do more with less as that if Republicans get their way and ticable. It is the right thing to do. It is agency budgets are frozen or cut. This Planned Parenthood loses funding, as the fair thing to do. Federal workers is happening to hardworking, patriotic many as 630,000 women will not be able don’t want government shutdowns. public servants, mostly middle class to get birth control. Hundreds of thou- They don’t cause government shut- and struggling to get by like so many sands of women, many of whom do not downs. They are dedicated public serv- other Americans. Enough is enough. have convenient access to health care ants who simply want to do their jobs Since the 1950s and 1960s, the U.S. clinics or providers besides Planned on behalf of the American people. They population has increased by 76 percent Parenthood, would experience reduced shouldn’t suffer because some Repub- and the private sector workforce has access to their health care. licans want to shut down the Federal surged to 133 percent, but the size of It is appalling that in the 21st cen- Government in the misguided notion the Federal workforce has risen just 11 tury, my colleagues on the other side that it will somehow prevent Planned percent. Relative to the private sector, of the aisle are pushing to take health Parenthood from providing health care the Federal workforce is less than one- care away from women who need it. services to low-income women and half the size that it was in the 1950s Let me be very clear. Democrats are their families. Two years ago, these and 1960s. The picture that emerges is not going to allow Republican political same individuals thought that shutting one of a Federal civilian workforce, the pandering come before women’s health down the government would prevent size of which has significantly shrunk and rights—not on our watch. the Affordable Care Act from being im- compared to the size of the U.S. popu- I want to be sure that families and plemented. They were wrong then, and lation it serves, the private sector communities across the country heard they are wrong now. workforce, and the magnitude of Fed- something that the majority leader did As the Congressional Research Serv- eral spending. say yesterday. He said that ‘‘inevi- ice has reported, in ‘‘historical prac- I would make the additional point tably’’ Democrats and Republicans will tice,’’ Federal workers who have been that shutting down the government have to work together to reach a bipar- furloughed as a result of a shutdown hurts veterans. Over 30 percent of the tisan budget agreement. have received their pay retroactively civilian Federal employees are vet- Well, I think the workers and busi- ‘‘as a result of legislation to that ef- erans, as opposed to just 7.8 percent of nesses who struggled through the last fect.’’ the non-Federal workforce. In Texas, government shutdown are wondering The language in the Federal Em- veterans comprise, for example, 37.5 what the holdup is. Why do we need an- ployee Fair Treatment Act is similar percent of the civilian Federal work- other round of drama and to the language used to provide pay force. In Kentucky it is 33.9 percent; in brinksmanship before we can work to- retroactively to workers furloughed in Florida it is 38.9 percent; in South gether? Why do we need to see count- previous shutdowns. Carolina it is 41.7 percent. Is this how down clocks—once again—counting I am pleased that it is supported by we are going to honor the men and down the days until another shutdown? the American Federation of Govern- women who have stood in harm’s way And why, once again, do women and ment Employees, the National Treas- to defend our Nation, by telling them their health care have to come under ury Employees Union, and the National to stay home involuntarily and having attack before Republicans can do the Active and Retired Federal Employees them worry about whether they will be right thing? Association. paid? I am certainly wondering, and I know The Federal Employee Fair Treat- Preventing Federal workers from my Democratic colleagues are too. I ment Act includes a new provision that doing their jobs doesn’t just harm think it is clear that Republican lead- allows exempted employees, those who them; it harms all Americans because ers have a choice. As their leader said, are required to work during a shut- Federal workers patrol our borders and they inevitably will have to work with down, to take authorized leave. They, make sure our air and water are clean Democrats, now or later. The only too, would be paid retroactively as and our food and drugs are safe. They question is how much pain they are soon as possible after the lapse in ap- support our men and women in uniform willing to put workers and businesses propriations ends. During previous and care for our wounded warriors, through before they drop the politics, shutdowns, exempted employees have they help our manufacturers compete stop pandering, and come to the table. been prohibited from taking leave for abroad, they discover cures for life-

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.036 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6790 CONGRESSIONAL RECORD — SENATE September 17, 2015 threatening diseases, they prosecute Despite these vastly different cir- ment’s powers and by promising that criminals and terrorists, they maintain cumstances, the Framers created a sys- all powers not delegated to the Federal and protect critical infrastructure, tem that has endured for over 200 years Government are reserved to the States. they explore the universe, they process and has become an example to the The Constitution also forces rival of- passport applications, they make sure world of stability and strength. They ficeholders to work together in its de- Social Security, Medicare, and other did so by enshrining in the Constitu- sign to prevent any one person from social safety net programs are func- tion certain fundamental principles unilaterally making, changing or tioning properly. about government and the source of eliminating laws. When Federal workers do their job, rights, coupled with an objective, hon- Madison famously said that ‘‘if men they are helping each and every Amer- est view of the failings of human na- were angels, no further government ican live a safer and more prosperous ture. would be necessary.’’ He further pos- life. Our tasks here in Congress are The Framers recognized that our ited that ‘‘if angels were to govern simple: We need to keep the govern- rights come from God, not government, men, neither external nor internal con- ment open for business and keep Fed- and that it is the role of government to trols on government would be nec- eral workers on the job. Later this secure, not create, rights. They recog- essary.’’ year, we will need to raise the debt nized that government unrestrained is Well, as everybody knows, we are not ceiling so we can continue to pay our a threat to liberty and that in order to angels, and we need controls on govern- bills and maintain the full faith and protect citizens from government’s ment to keep it in its proper sphere. credit of the United States Govern- constant tendency to expand its The Constitution provides these con- ment. sphere, ambition must be made to trols by dividing and diffusing power We need to return to regular order counteract ambition. Parchment bar- and by forcing those who seek change around here and negotiate a com- riers, as Madison famously intoned, to work with others who may not share prehensive budget deal to replace the will never suffice. their views. sequestration, a budget that maintains Thus, the Framers created the sepa- Unfortunately, there are some who critical Federal investments while ration of powers: federalism, checks view the Constitution as an obstacle to spreading the burden of deficit reduc- and balances; an independent judiciary; overcome, a barrier to supposed tion in a fair way and holding Federal a bicameral legislature; and an execu- progress. These individuals find fault workers and their families harmless tive that, while unified, lacked the with the fact that the Constitution after subjecting them to so much hard- power of the purse. Each branch of gov- makes change difficult and requires ship over the past several months and ernment would have to share power broad, long-lasting consensus in order years. with the others, just as States and the to enact major reform. Surely the ex- One of the great attributes of the Federal Government would have to igencies of the day, they argue, weren’t American character is pragmatism. share power as well. By preventing any by passing or even ignoring the separa- Unlike what some other Federal work- one branch or any one level of govern- tion of powers, federalism, and other ers actually do, here in Congress bal- ment from being able to act unilater- elements of our constitutional struc- ancing the budget is not rocket ally in its affairs, the Constitution en- ture. Although some of these individ- science. We know the various options. sured that no one individual or group uals may be well-intentioned, they are Former President Lyndon Johnson was would be able to run roughshod over fundamentally disguised. fond of quoting the Prophet Isaiah: any other. And just as important, the The fact is that the Constitution is ‘‘Come let us reason together.’’ That is Constitution ensured that no major not an obstacle. It is a guide—a guide what we need to do. We can acknowl- policy change could occur without sub- for how we should approach our con- edge and respect our differences, but at stantial support from large numbers of temporary problems, for how we should the end of the day the American people Americans at all levels of government think about our roles as citizens and have entrusted us with governing, with and society. legislators, for how we should conduct being pragmatic. Let’s do our job so The genius of the Constitution lies in ourselves as we debate the problems of Federal workers can continue to do its insight that prosperity requires sta- the day. their job on behalf of all Americans. bility. Temporary majorities come and The Constitution limits government I suggest the absence of a quorum. go. Their favored policies may or may in order to preserve freedom. It makes The PRESIDING OFFICER. The not be wise. Some years ago there was each branch the equal of the others and clerk will call the roll. The senior assistant legislative clerk a great concern that the Earth was the States the equal of Washington, proceeded to call the roll. cooling. Now there is worry in the DC. It provides a check on all govern- Mr. HATCH. Mr. President, I ask same quarters that it is warming. Poli- ment action. It divides power among unanimous consent that the order for cies that may have seemed wise at one multiple sources because no one indi- the quorum call be rescinded. point in time later reveal themselves vidual or office can be trusted with all The PRESIDING OFFICER. Without to be foolish, even dangerous. By divid- authority, and it requires cooperation objection, it is so ordered. ing power among branches, States, and at all levels and all stages to ensure 228TH ANNIVERSARY OF THE SIGNING OF THE Washington, our Constitution helps that changes in law are thoroughly CONSTITUTION avert sudden, large mistakes even as it vetted rather than rammed through by Mr. HATCH. Mr. President, today enables more modest improvements temporary majorities. These are the marks the 228th anniversary of the supported by broad coalitions. principles that should guide us as we signing of the Constitution. Two hun- The Constitution’s division of powers seek solutions to our Nation’s chal- dred twenty-eight years ago, 39 brave also protects against the natural incli- lenges. and wise men set their names to the nation toward self-aggrandizement. These principles apply in any number document that has guided our govern- This inclination occurs both at the of situations. A law that coerces States ment and our politics ever since. With governmentwide level and at the indi- into coordinating or expanding pro- each passing year, I am increasingly vidual level. An unchecked Federal grams against their will by threatening astounded by the genius of those who Government bent upon remedying all to cut off all funding for noncompli- framed our Constitution. of society’s ills will tend naturally to ance makes States the subordinates, The world was a very different place swallow the States, each of which has not equals, of the Federal Government. back in 1787. There was no electricity, far fewer resources than the Federal le- Executive action that purports to sus- no railroads, no air conditioning. viathan. At the individual level, office- pend vast swathes of our Nation’s im- Crossing the Atlantic Ocean took holders competing for power and pres- migration laws does not honor Con- months, and news traveled slowly on tige battle against each other as they gress as a coequal branch, nor do state- horseback. Our Nation, which today try to enact their visions into law. Our ments threatening that if Congress covers the continent, comprised only 13 constitutional system ensures that the does not act, the President will. The States with a combined population of 4 Federal Government does not alto- Constitution does not give the Presi- million people. That is roughly the cur- gether consume the States by limiting dent a blank check. It requires him to rent population of Oklahoma today. and enumerating the Federal Govern- work with Congress—a coequal

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.039 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6791 branch—to move the ball forward. Ex- invade minority rights but also be- ity commerce? Is the punishment for ecutive hubris is the antithesis of fidel- cause in their enthusiasm for change, noncompliance a tax or a penalty? ity to the Constitution. More in line they may enact policies that cooler re- But fidelity to the Constitution is with what the Constitution teaches is a flection would reveal to be unwise. about much more than narrow, legal willingness to reach out to include fel- The ongoing debacle of ObamaCare is reasoning. Honoring the Constitution low officeholders. A President who an example of this inaction. Flush with involves looking to the principles that works all levers of government to find the Presidency, a majority in the undergird it—values such as individual broad agreement understands the les- House and their first filibuster-proof liberty, separation of powers, fed- sons of the Constitution. President majority in the Senate in over 30 years, eralism, respect for civil society, and Reagan did this with tax reform and Democrats enacted fundamental democratic accountability. In deter- entitlement reform. President Bush did changes to American health care that mining whether a given course of ac- it with education reform and financial have forced millions of Americans off tion is wise, all of these things are im- sector reform. their own plans, caused premiums to portant. Legislation that preserves the sepa- skyrocket, and further insinuated gov- ObamaCare again provides an exam- ration of powers, rather than dele- ernment into decisions that should be ple. ObamaCare, in my view, is uncon- gating vast lawmaking authority to an made between doctors and patients. stitutional, not only because it exceeds unelected bureaucracy, also honors the Had my colleagues on the other side Congress’s power under the Constitu- Constitution’s teachings, and so do reg- of the aisle paid greater heed to what tion but also because it violates many ulations that stay within the bounds of the Constitution has to teach, they of the enduring principles made mani- agency authority. When agencies ex- might not have rushed so headlong into fest in the Constitution. It invades lib- ceed their statutory mandate, they ac- these problems. The Constitution erty by compelling individuals to pur- tually do violence to the Constitution’s teaches the virtue of prudence and in- chase insurance against their will and careful system of checks and balances. cremental reform. Rather than seeking undermines federalism by coercing They assume power that is not theirs fundamental changes, as President State governments to expand Medicaid. to take and remove decisions from the Obama promised during the 2008 cam- It dilutes the separation of powers by give-and-take of the democratic proc- paign, Democrats should have focused transferring vast legislative authority ess. This is particularly problematic on retaining those aspects of American to the Executive—and on and on. when the obvious purpose of the agency health care that work well, including The same is true of the President’s action is to bypass Congress. doctor choice, innovation, and quicker order suspending immigration laws for EPA’s recent carbon rules are but access for treatment, even while at- up to 5 million illegal immigrants. It one example. When the administration tempting to correct deficiencies. attempts to transmute legislative au- found itself unable to pass cap and A more modest package that sought thority to determine who may lawfully trade, even through a Democratic Con- to preserve what worked, rather than enter our country into an unbounded gress, it turned to administrative fiat. an anonymous bill so large no one had Executive prerogative not to enforce It mattered not that the Clean Air Act any time to actually read it, could the law, it end runs democratic ac- provides no authority for the adminis- have avoided many of the problems countability by ignoring the wishes of tration’s exceptional harsh rules—rules ObamaCare is now causing. It might the people’s duly elected representa- that will depress economic growth and even have retracted some Republican tives, and it undermines the respect for cause energy costs to soar, I might add. votes. Instead, my colleagues on the civil society by sanctioning conduct What mattered was the goal of reduc- other side of the aisle chose a party- contrary to our laws. ing carbon emissions. line vote using an obscure legislative Whether a law meets whatever legal But the Constitution does not give procedure that became necessary only test the Supreme Court has set forth the President power to right all after the people of Massachusetts— does not end the inquiry for those of us wrongs, it requires him to work with Massachusetts—elected Scott Brown, who seek the Constitution as our Congress so the two bodies together to block the bill. They did so in such a guide. We would do well to revive what can address our Nation’s problems. Co- rush, as Speaker PELOSI so memorably James Ceaser and others call political operation, the Constitution teaches, revealed, that they didn’t know what constitutionalism: the notion that it yields better results than imprudent was in their bill. My colleagues across falls mostly to political actors such as unilateral action. the aisle, along with the rest of Amer- ourselves making political decisions to More generally, all laws that expand ica, are now paying the price for their protect and promote constitutional the government risk ignore the lesson improvements. goals. of the Constitution. When we vote to My remarks on this Constitution Day For some programs, such as expand government, we set ourselves have focused on the lessons the Con- ObamaCare, it means repealing the against the very purpose of the Con- stitution has to teach, as well as the program root and branch and replacing stitution to restrain the powers of the dangers we risk when we ignore its wis- it with one that is both more effective Federal Government. True, the Con- dom. I wish to close by calling upon my and more in line with our constitu- stitution created a more robust govern- colleagues to pay greater heed to the tional values. For other programs that ment to remedy the defects in the Arti- lessons of the Constitution when writ- have become more embedded in the cles of Confederation, but in creating a ing and voting on legislation. There is fabric of American society, advancing more robust government it placed an unfortunate tendency, in my view, the cause of constitutionalism will in- check upon check upon check on that to think of the Constitution as the volve more incremental reform. All of government. A government that can courts’ domain, to leave it entirely up our entitlement programs need im- compel citizens to purchase products to the courts to decide whether a law is provement. We must think hard about they do not want or to provide prod- constitutional. We in Congress just how we can reform these programs to ucts repugnant to their most deeply write laws; it is up to the courts to do better serve those for whom they were held religious beliefs is a danger to lib- the constitutional stuff. intended. erty. Whenever we carve out new space This tendency to leave things to the James Madison called the Constitu- for the Federal Government, we must courts diminishes our role in the con- tion a miracle. I think he was right on be exceedingly careful not to upset the stitutional system and misses the point. The Constitution is a miracle be- careful balance of the Constitution. many lessons the Constitution has to cause it has endured for over 200 years. The Constitution also provides more teach. The judiciary’s role in assessing It is a miracle because of what it subtle lessons on how we should con- constitutionality is a narrow one. teaches about prudent government and duct ourselves as Senators and elected Courts have not asked whether any law the need to guard against human officials. The overarching genius of the is consistent with the Constitution’s failings. It is a miracle because the les- Constitution, as I have said, is its rec- overall spirit or the principles that ani- sons it provides are just as relevant ognition that flourishing requires sta- mate it. Rather, they ask whether it today as they were 228 years ago. I bility. Unchecked majorities are dan- satisfies some legal role announced in have to say it is a miracle because well gerous, not only because they tend to a previous case. Is the regulated activ- over 160 nations in this world have

VerDate Sep 11 2014 01:52 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.041 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6792 CONGRESSIONAL RECORD — SENATE September 17, 2015 tried to copy it and under none of those to say that I guess I am not ready to dominates that oil industry. They will nations does it work as well as this give up. Earlier on the floor, I quoted be free to exploit one of the largest oil country. Yogi Berra: ‘‘It ain’t over till it’s reserves in the world. Their national In some ways we are starting to lose over.’’ Everybody said it is over, but income will spike. State coffers will the Constitution because of some of the the consequences of this are not over fill. And Iran’s terrorist adventures actions and activities of those who and the results of this are not over. We and proxy wars will be well funded. want to win at any cost. May we ever will be living this out for the duration We all know about Iran’s ambitions look to the Constitution for guidance of this agreement, and at the end of for dominance throughout the Middle and pay it increased fidelity as we dis- this agreement, Iran will have com- East and to be recognized as a world charge our duties here in Washington pleted exactly the goal that it is trying nuclear power. They will have all the and across this great land. to reach—in fact, they may complete it more money now to be able to feed I thank the Chair. much earlier than that—and that is the their proxies fighting for them in I suggest the absence of a quorum. legitimatization of their possession of Syria, in Yemen, in Lebanon, in Iraq, The PRESIDING OFFICER. The nuclear weapons and nuclear weapon in a number of places throughout the clerk will call the roll. capability. Middle East, and their terrorist threats The senior assistant legislative clerk This is a country that says: We only resonate across the globe. proceeded to call the roll. need to develop this for medical iso- After nearly a decade of inter- Mr. COATS. Mr. President, I ask topes; to fuel a reactor that is going to national efforts to force Iran to give up unanimous consent that the order for produce electricity for our people—de- on this dangerous and illegal nuclear the quorum call be rescinded. spite all the Sun, wind, and the unlim- activity, Iran now has a green light—a The PRESIDING OFFICER (Mr. CAS- ited amount of oil and gas underneath pathway built for them by U.S. conces- SIDY). Without objection, it is so or- their soil which could provide that sions in this agreement—to reach nu- dered. much cheaper than any other form. So clear weapons capability. We have en- The Senator from Indiana. there is no justification for their going tirely conceded to Iran the right to cre- Mr. COATS. Mr. President, there has forward except to achieve that one goal ate fissile material that can only have been a lot of talk around here about which we know they have worked on one use: nuclear weapons. the Iran deal: It is over. We made our for years. We know they have lied in Now let’s look at the larger question: best effort. We have fully exposed ex- terms of organizations that have been the region, and the strategic impact of actly what is in this agreement. We sanctioning this. And now we have sim- this on the region. We haven’t really had hours and hours, days and days, ply given them a pathway to achieving had a great deal of discussion on the and weeks and weeks of debates over this and a legitimatization of their strategic consequences. I discussed it this. It has been on our plate ever since achievement of this. Some say that all briefly during some of my time earlier the beginning of the negotiations. the consequences will be good because this week and last week, but the Ira- Some of us started to express alarm Iran will abide by every part of this nian continuing revolution and re- and concern about the direction of agreement and throughout this process gional misbehavior will affect the Mid- those negotiations and what was poten- there is going to be a major change in dle East and will affect the world. It is tially being given away, but we weren’t Iran—the theocracy will be over- dangerous and it is irresponsible. sure until, fortunately, thanks to the thrown, and they will become a respon- Former Secretaries of State Kis- Corker bill, Congress had a chance to sible neighbor and nation—and this is singer and Schultz—well regarded for weigh in and the administration was the pathway to achieving that—that is their experience and well recognized as required to give us the ability to look the vision of the President. That is the global experts, international experts— at every word of this agreement, the dream. discussed this broader strategic point annexes and everything attached to it. Frankly, I hope my assessment of in an important joint article that was Sometime later on, we found out this is wrong. For the sake of the fu- released last April. Former Secretaries there were two secret side agreements ture of the United States, for the sake Kissinger and Schultz explained that which we weren’t able to see, and that of the future of Israel, and for the sake the then-outlined deal was so weak alone, in my opinion, should have been of the future of the world, I hope I am that Iran would inevitably expand its enough to vote against this agreement. wrong. But there is nothing in this power, Sunni States will inevitably How can one enter into any kind of a agreement and there is nothing that proliferate in their response, and the contractual relationship with a nation has been said or done by the Iranian re- United States will get dragged into or a car dealer if the person you are ne- gime that would give us any indica- Middle East wars—except, this time, gotiating with says: Well, there are a tion—any hint at all—of any kind of the wars may be nuclear. couple of secret matters over here that change in their behavior. In fact, as Let me quote from their statement. you can’t have access to, but don’t they deride our agreement, our nego- The Secretaries explained: worry—it really won’t mess things up. tiators, and embarrass our President Previous thinking on nuclear strategy as- No one is going to sign an agreement day after day after day with ‘‘Death to sumed the existence of stable state actors. like that except the President of the America’’ and ‘‘Extinction of Israel.’’ ... United States and apparently the Sec- What will be the consequences? As I Iran is anything but stable. retary of State. said, I discussed at length what I think These are wise words from wise peo- We made a valiant effort to defeat is wrong with this bill. I won’t go over ple who have had a lifetime of experi- this. Many of us poured our heart and that again today. It is already in the ence. soul into this not just for days, not just RECORD. But there will be consequences Unfortunately, their views seem to for weeks, not just for months, but for that I don’t think we have fully dis- have been largely ignored, if not com- years. And, yes, the American people cussed, and I wish to lay out some of pletely ignored, by this administration, have learned a lot more about this, a those. because it didn’t fit their purpose to lot more than what has been marketed For Iran, they will have liberation complete a deal, no matter what. No by the White House in terms of how from all sanctions and will be back in matter what we had to give up, they good this is for the future of America, business. They will become rich. They wanted to complete this deal. In fact, our national security, and the future of will become rich with the release of the State Department’s spokesman was the world. hundreds of billions of dollars, and quoted as disparaging the two Secre- In many ways, I think we have ex- they will be using that for any number taries of State, Kissinger and Schultz, posed—and I have listed at least 10— of purposes. stating that their words were just ‘‘big major issues that we conceded. There Their oil industry is dominated by words and big thoughts’’ and that the were goals that we wanted to achieve the Republican Guards. This is not two were ‘‘not living in the real going into the negotiations, and we Exxon Mobil, not Occidental Petro- world.’’ Not living in the real world. I conceded on every single point. leum, it is not any of our international think that statement applies much In the interest of time, I will not go oil companies; this is the Republican more to the President and the Sec- back over that. All I am here to do is Guards. A military organization that retary of State than it does to former

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.042 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6793 Secretaries of State Kissinger and step in to help shore up the crumbling Mr. President, I yield the floor. Schultz. Assad regime in Syria. It worked. The The PRESIDING OFFICER. The Sen- Let’s look at proliferation. Some of Russians are now in Syria in force, ator from New York. us have discussed the obvious prolifera- building barracks and bringing in f tion dangers flowing from an agree- trainers, tanks, and other heavy weap- UNANIMOUS CONSENT REQUEST— ment that puts Iran on the path of nu- ons. Iran and Russia together are EXECUTIVE CALENDAR clear weapons. Despite the reluctant Assad’s best friends—maybe his savior. words of acquiescence that have been By ignoring Syria, empowering and Mr. SCHUMER. Mr. President, I have wrung out of others in the region, who enriching Iran, and making Putin’s come to make a unanimous consent re- can possibly argue that Iran now will Russia an actual negotiating partner, quest. I was going to tell the body why never be permitted to develop these nu- we have created the perfect storm. This I was doing that and then make a clear weapons technologies without a is the price of dealing with the devil. unanimous consent request. But my response from others. Lastly, let me speak about Israel be- colleague and friend from Texas, who is If I were the King of Saudi Arabia, if cause any discussion of consequences going to object to it, has a plane to I were the Prime Minister or the Presi- must return to what should be the core catch, so I am going to make the unan- dent of any major country in the Mid- issue: the consequences for our only imous consent request, let him object, dle East, I am not going to stand by and best friend in the Middle East, let him explain why he objects, and and watch Iran achieve nuclear domi- Israel—the only democratic ally in the then I will explain why I was for it. It nance. They are going to take their region. We cannot ignore the major won’t change the thrust of this. own action. risks that will follow through with the I ask unanimous consent that the We have now basically shredded the often-repeated threats of obliterating Senate proceed to executive session to nuclear nonproliferation treaty. the State of Israel—a threat repeated consider the following nominations: Let’s look at Syria and the impact on by the Supreme Leader in no uncertain Calendar Nos. 139, 140, and 141; that the Syria. America’s appalling lack of ef- terms just this week. Is this hyperbole Senate proceed to vote without inter- fective response to the open wound or posturing as the administration vening action or debate on the nomina- that is Syria is one example of the pa- claims? The Israelis don’t think so, and tions in the order listed; that the mo- ralysis born out of the single-minded I don’t think so. tions to reconsider be considered made obsession accommodating the Iranian We have to assume that an extrem- and laid upon the table with no inter- regime. Iran is the principal prop for ist, violent state such as Iran, after vening action or debate; that no fur- the brutal Syrian regime. Assad could decades of creating, arming, and guid- ther motions be in order to the nomi- not have remained in power these past ing terrorist organizations devoted to nations; that any related statements 4 years of catastrophic disintegration Israel’s destruction, will continue their be printed in the RECORD; and that the of his country without Iran’s support. I assault one day, now we know, with nu- President be immediately notified of fear our negotiations with Iran have clear weapons. One day, others may the Senate’s action and the Senate taken on such an overwhelming pri- look back through the smoke and ashes then resume legislative session. ority with an administration obsessed created by this Iran deal and wonder The PRESIDING OFFICER. Is there with legacy that it helped freeze us how we could ever have been so blind. objection? into inaction on Syria. The administra- How could we ever have conceded to an Mr. CORNYN. Mr. President, reserv- tion claims the nuclear negotiations agreement that violated every goal ing the right to object, and on behalf of were about Iran’s nuclear misbehavior that the previous three Presidents and Senator GRASSLEY, the chairman of the only and were never intended to ad- current President said we must not Judiciary Committee, I would just dress the rest of its regional brutality. concede on—that is, it is totally unac- briefly point out that during President That is true in some cases, but careful ceptable for Iran to have possession of Obama’s term of office, the Senate has reading of the annexes and careful nuclear weapons capability. confirmed more judicial nominees than reading of the agreement—by doing so, Two Democratic Presidents, two Re- it had at this point in 2007. Our pace we now know the administration went publican Presidents, over three decades simply follows the standard set by our well beyond just discussing the nuclear of time, have made that statement. It colleagues on the other side of the aisle capability issue. It did not address the was the goal of the United States to do established that year. In the Judiciary hostages that were being held by the everything in its capability to prevent Committee, we have had more hearings Iranian regime—the Americans. It did Iran from having a nuclear weapon, and moved more nominees than we did not address the ballistic missile devel- and we just signed an agreement that last year. opment and proliferation. Those are gave them the pathway to that nuclear In terms of the Executive Calendar, two issues which had nothing to do weapon. Does it possibly delay their everyone knows that at the end of last with the agreement itself, according to achievement of that? Yes. But does it year, during the lameduck session, our the administration. reach the goal of preventing them from Democratic friends rammed through 11 Negotiations between the Ayatollahs having it? No. Federal judges. Under regular order, and the Great Satan—that is us, ac- So after all the shouting and all the these judges should have been consid- cording to the Ayatollah—could not efforts and all the debate and all the ered at the beginning of this Congress. happen in a vacuum. Subjects not ad- examination of the agreements, we are That is what happened in 2006 when 13 dressed by the negotiations neverthe- told to give up. It is a done deal. The nominations were returned to the less are affected by them, and our stu- President used his ‘‘Executive author- President. Had we not confirmed in the pefying passivity on Syria proves the ity’’ to deem this an agreement and lameduck 11 judicial nominees during case. not a treaty, which is a fallacy in last year, we would roughly be on pace Let’s look at Russia. Our problems itself. But now we are told we have to for judicial nominations this year com- with Russia have only grown and mul- give it up. We have to move on. We pared to 2007. tiplied as we tried to ignore Russian have other things to do. You made So we are working at the usual pace, misbehavior during our joint negotia- your best effort. We won, you lost. and on behalf of Chairman GRASSLEY, I tions with Iran. But worse, our obses- No, America lost. America lost, and object. sion with getting a deal has unleashed we will be paying a price year after The PRESIDING OFFICER. Objec- a Russia-Iran axis. Their new coopera- year after year as we watch the flow of tion is heard. tion creates yet another threat to money into Iran, the flow of oil out of Mr. SCHUMER. Mr. President, I re- American interests. Iran and money in return, supporting gret my colleague’s objection. I hope Just days after concluding this deal, proxy wars throughout the Middle they will change their minds. But once the commander of Iran’s elite Quds East, igniting a nuclear arms race in again I must rise to address the grow- Force, General Suleimani, flew to Mos- that tinder box of the region. We will ing crisis of judicial vacancies in our cow—which he was sanctioned by the regret the day—we will regret the Federal and district courts. U.N. not to do, but he did anyway—re- day—the announcement was made that We all know it is the job of the Sen- portedly to convince the Russians to we have signed a deal with Iran. ate to responsibly keep up with the

VerDate Sep 11 2014 02:18 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.045 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6794 CONGRESSIONAL RECORD — SENATE September 17, 2015 need for confirmed judges. Unfortu- choosing of judges. Larry Vilardo and that the same as they are always nately, my friends on the other side of Ann Donnelly are two whom I have rec- doing, as they say? Of course not. the aisle slowed the judicial confirma- ommended, and LaShann DeArcy Hall The Republican majority is con- tion process to a crawl. They did their was recommended by a good friend, the firming judges at the slowest rate in best to slow the pace of confirmation junior Senator from New York, Sen- more than 60 years, and as a result, the when the Senate was under Democratic ator GILLIBRAND. They should all be number of current vacancies has shot leadership and now are sluggishly mov- confirmed, but we don’t know when up nearly 50 percent and the number of ing on nominations even more so in the they will come up for a vote. All of judicial emergencies has increased 158 Senate they control. It has resulted in these nominees exceed my standards percent. In no world is that a reason- a nearly 10 percent vacancy in judicial for judicial nominees. In his or her own able pace, as I have been assured by my positions throughout the United way, each brings excellence, modera- colleagues. States. There are 31 districts that are tion, and diversity to the Federal There are no values more American considered judicial emergencies, mean- bench. than the speedy application of justice ing they don’t have enough judges to They are not the only outstanding and the right to petition the govern- hear the caseload. The longer we wait nominees we have. We have judges ment for a redress of grievances. to move judges through committee and pending from Missouri, California, and Frankly, neither of these can be to the floor, the worse the numbers several other States—represented by achieved without judges on the bench. will get. Republican Senators as much as Demo- The equal and fair application of jus- Let me take the Western District of crats—which are experiencing the same tice is necessarily tarnished by a court- New York as an example to talk a bit judicial emergencies and heavy case- room without a judge. It is as simple as about these vacancies and what they loads. These are nominees who have al- that. mean in practice. Western New York ready moved out of committee, all with So today I moved that we move to has the cities of Buffalo and Rochester bipartisan support. I am not offending New York’s pending judicial nomina- and the surrounding areas. There is not the traditional committee process by tions, but the request was rejected. I a single active Federal district judge in asking simply to move them off the hope my colleagues will think this the Western Federal District—not one. floor and onto the bench where they through. It is a blemish on this Con- The district has one of the busiest belong. gress. It is a blemish on the idea that caseloads in the country. It handles I came to the floor last July to re- we are getting things done. It is a more criminal cases than Washington, quest that we move to confirm these blemish when our Republican leader DC, or Boston. It is on the Canadian nominees. Unfortunately, my request says this Congress is doing things at a border, making it particularly busy, was blocked by my good friend the Sen- better pace than in previous years. and yet they don’t have a single active ator from Iowa. In response to my re- Mr. President, I yield the floor. Federal judge. The delays for civil quest, I was basically told: The nomi- I suggest the absence of a quorum. trials are by far the worst in the coun- nees are moving along just fine. Be pa- The PRESIDING OFFICER. The try. It takes 5 years for a median case tient. clerk will call the roll. to go to trial. That is denial of justice, Well, we are several months later and The senior assistant legislative clerk just about. It is un-American. If not for still we have no indication that these proceeded to call the roll. the efforts of two judges on senior sta- judicial nominees will ever be moved Mr. CARPER. Mr. President, I ask tus who are volunteering to hear cases off the Executive Calendar for a vote. unanimous consent that the order for in their retirement, the Western Dis- I was told—and I am paraphrasing— the quorum call be rescinded. trict of New York would be at a full that if one would only count all the The PRESIDING OFFICER. Without standstill. judges Democrats confirmed at the end objection, it is so ordered. The lack of judges has real legal con- of the last Congress, the Republican TRIBUTE TO FEDERAL EMPLOYEES sequences. In the Western District of record on judges wouldn’t look so bad. DR. MICHELLE COLBY AND JONATHAN MCENTEE New York, Judge Skretny—on senior With all due respect to my friend from Mr. CARPER. Mr. President, literally status—has admitted that he is encour- Iowa, I don’t believe he can take credit every month of this year, I have come aging all cases to settle in pretrial me- for our work like that. One cannot to the Senate floor to do something diation in order to lower caseloads. slice and dice the numbers to make the that one of our former colleagues, Ted Criminal trials are prioritized while Republican record on judicial con- Kaufman, who served as our Senator civil trials languish in delay. The two firmations any better. Listen to this. for 2 years after JOE BIDEN became retired judges, who are the only ones The fact is that the Republican leader- Vice President—Ted used to come to reading cases at the moment, are ship has scheduled votes on only six the floor not on a monthly basis but spending far less time on each indi- Federal judges this whole Congress— even more frequently than that to talk vidual case than they would under nor- six—less than one a month. There is no about what was being done by any mal circumstances. And defendants reason for that. number of Federal employees across may be inclined to settle, admit guilt, Even if we did give Republicans cred- our country, to draw attention to the and take plea deals rather than wait it for the judges the Democrats ap- fact that these are not nameless, face- out a lengthy trial process. proved at the end of last Congress, we less bureaucrats, these are people who As many of my colleagues have said would still be far behind the pace of do important work for each of us in a so eloquently, the harsh truth is that confirmations in the past because by variety of ways. for these petitioners, companies, and comparison, through the seventh year What I have tried to do in the last communities, justice is being delayed of President Bush’s Presidency where several months—I think most of this and thus denied. And the same story there was a Republican President but year—is to come to the floor to recog- line is playing out in courtrooms Democrats controlled the Senate, 29 nize the work not of the Federal em- throughout the country. This is not judges had been approved—6 compared ployees at large but the work of a few how our judicial system is supposed to to 29. How is that parity? of the many exemplary Department of work, and it should be an easy problem When Democrats controlled the Sen- Homeland Security employees and to to rectify. ate during the final 2 years of George thank them for their dedication to Right now, there are 13 non- W. Bush’s Presidency, we confirmed 68 their mission and their service to our controversial judges on the Executive judges. When Republicans controlled Nation, which is an important one. And Calendar, and 3 more were reported out the Senate during the 2 final years of the reason I have particular interest in of committee today. Of those, three are President Clinton’s Presidency, we con- this is that I have been the senior Dem- highly qualified judges from New York, firmed 73 judges. How many confirma- ocrat on homeland security the last including one from the Western Dis- tions have there been in these last 2 couple of years, and I worked with Tom trict. I know these nominees. They are years when Republicans have con- Coburn of Oklahoma. The two of us brilliant people, experienced jurists, trolled the Senate, having a Demo- were privileged to lead the committee. and above all they are moderate. This cratic President? Six. The comparison In June I spoke about several out- Senator believes in moderation in the numbers are 73, 68, 6. Is that equal? Is standing officers in the U.S. Coast

VerDate Sep 11 2014 02:18 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.048 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6795 Guard, one of them a petty officer, a of the State’s economic activity. I Here she is right now, Dr. Michelle woman named Joscelyn Greenwell, who think of Delaware as a three- or four- Colby. I will talk a little bit about is stationed at Coast Guard Station In- legged stool—at least our economy sits Michelle, if I may. She is the Branch dian River Inlet in southern Delaware, on a three- or four-legged stool. Chief of Agriculture Defense at the which is just a little bit north of Beth- One of the strong legs, in Southern Science and Technology Directorate. any Beach and just south of Rehoboth. Delaware especially, is agriculture. In Her mission is to develop tools, includ- In July I had the opportunity to actu- Sussex Country Delaware, we produce ing vaccines and diagnostics, to pre- ally visit Petty Officer Greenwell and more chickens than any county in vent livestock from natural and man- 30 of her colleagues to learn more America. In Sussex County, Delaware— made disease threats. Michelle works about how she and her unit serve and we only have three counties. The big- closely with the Department of Agri- how they protect the rest of us. It is gest—Sussex County is the third larg- culture to help develop and support re- not just Delawareans who seek recre- est county in Delaware, but they search projects, track their progress, ation—fish, boat, and swim—in the in- produce more chickens in Sussex Coun- and stay ahead of existing and emerg- land bays in Delaware or in the Atlan- ty than any county in America. We ing threats. tic ocean; people from all over the raise more soybeans in Sussex County, She has also the critically important country and actually all over the world Delaware, and we feed it to the chick- responsibility of making sure research do that, and we are grateful. ens, along with corn and other things. and development programs across our But the devotion of Petty Officer But biological and manmade threats to Federal Government are well coordi- Greenwell and her colleagues to their our food, whether it is poultry, avian nated, not duplicated, and always mission is shared by thousands of men influenza, and so forth, whether man- ready to respond to disease outbreaks. and women serving with the U.S. Coast made threats to our food or animal ag- A primary part of this woman’s job is Guard and throughout the Department riculture system could have dev- to make sure Science and Technology, of Homeland Security. The Coast astating impacts to our economy and where she works within DHS, uses the Guard used to be part of Treasury, as I to our day-to-day lives. It certainly lessons learned from previous disease recall, but today it is, since the cre- poses a great threat to the Delmarva outbreaks to inform research and pre- ation of the Department of Homeland Peninsula and other places where we vent or better control future out- Security, part of DHS. raise poultry—and turkeys for that breaks. Well, today I want to just take just a matter. That is why the Department of In fact, information gathered during few minutes to recognize the service of Homeland Security has a number of the last few years as part of another and say thanks to two other exemplary employees at Science and Technology project at Science and Technology is public servants who work at the De- whose mission is to prevent and pro- currently being used by Michelle’s partment of Homeland Security, not in tect against threats to our agricultural team to help the Department of Agri- the Coast Guard, but in this case, in infrastructure. In July, I held a hear- culture in its response to the avian in- the Science and Technology Direc- ing, alongside my colleague, Homeland fluenza outbreak I just mentioned. torate. While many at the Department Security and Government Affairs Com- Michelle and her team were also in- of Homeland Security put their lives mittee Chairman RON JOHNSON of Wis- strumental in helping combat another on the line along our borders, at our consin. We held the hearing to examine recent threat to our Nation’s agricul- ports of entry, and our airports or in the threat that avian influenza poses tural industry and to us, foot-and- response to disasters, some are work- to public health and also to our poultry mouth disease. ing behind the scenes to secure our industry. In May of 2012, they secured a condi- homeland against new threats or better In recent months, parts of the poul- tional license to a Department of respond to those we face today. try industry across our country have Homeland Security foot-and-mouth This is what happens every day at been grappling with the devastating disease vaccine for use in cattle. This the Science and Technology Direc- outbreak of avian influenza. Although was the first foot-and-mouth disease torate. They give their all to provide the spread of this disease has slowed, vaccine ever licensed in the United frontline personnel the best tools and and most of the areas that were af- States—ever licensed in the United tactics that are available. Essentially, fected were in the central part of our States. The conditional license was re- the role of the Department’s Science country, including Wisconsin, includ- newed in May of last year and is now and Technology employees is to keep ing Iowa, many States have lost mil- valid through I think May of next year. our homeland security efforts a step lions of chickens and turkeys to this Michelle and her team’s important ahead of the ever-evolving threats we disease. As a result, the economic work did not go unnoticed. They were face as a nation. They do this through losses our farmers and businesses are finalists for the Partnership for Public state-of-the-art research and develop- dealing with in those parts of the coun- Service to America Medal for their ef- ment issues performed by some of our try are staggering. forts. Nation’s top engineers, top scientists, The Presiding Officer probably does According to her colleagues, Michelle top researchers. not know this—maybe he does—but is ‘‘one of the most respected scientists The product of their work is deployed there are roughly 300 chickens for in the area of Veterinary Science.’’ Her across the Department. From cyber se- every person in Delaware, as I said. I colleagues tell me she never loses sight curity, to biological defense, to border mentioned we raise more chickens in of her critical mission and that she is security, Science and Technology’s re- Sussex County than any county in a dedicated public servant of the high- search, development, and science work America, but our poultry farmers cre- est integrity. Michelle earned her is truly vital to all of us. Science and ate—ready for this—more than $2.7 bil- bachelor of science degree in animal Technology employees work closely lion in State economic activity each science from the University of Mary- with the trade and travel industry and year and account for about 70 percent land Eastern Shore. That is on the Del- with many academic groups as well. of our State’s agricultural exports. We marva Peninsula. She is our neighbor They also work closely with other re- have cows we milk, dairy cattle, we just to the south of us. She has also a search and scientific agencies across have pigs, we raise a lot of lima beans doctor of veterinary medicine degree all levels of government to meet the and that kind of thing, but poultry is from Virginia-Maryland Regional Col- needs of first responders, to enhance the 800-pound gorilla in the room in lege of Veterinary Medicine. She also strategy and analysis, and to bolster our economy. has a master of science in epidemi- operations and capability. Luckily for our poultry farmers in ology from the University of Maryland Among the threats that science and the Delmarva Peninsula and across the College Park. technology seeks to address are the country, public servants like Dr. Interestingly enough, her graduate threats to our agricultural system. Ag- Michelle Colby are working at the De- work focused on the Delmarva poultry riculture is, of course, vital to our Na- partment of Homeland Security on cut- industry. While some of the important tion’s economic stability and our secu- ting-edge research to protect against work at—let me just say: Michelle, rity. In Delaware, agriculture remains potential disease outbreaks like the thank you for what you do, not just for one of the key industries at the heart avian influenza, the avian flu. Delmarva, not just for those who are

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.049 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6796 CONGRESSIONAL RECORD — SENATE September 17, 2015 involved in the poultry industry but technical capabilities for the Depart- was up here just a moment ago, we thank you for what you do for our ment’s operators in a faster and more want to thank you for what you do. We country and all of us who, frankly, efficient process. Jon also helps in the want to thank as well the 200,000 men enjoy eating poultry and for all of us efforts to build a more cohesive and and woman you work with at the De- who are involved in exporting and sell- unified Department of Homeland Secu- partment of Homeland Security. We ing poultry around the world. rity. They have a saying over there, are a safer country because of your It used to be that 1 out of every 100 ‘‘One DHS.’’ He is part of that. service and I think we are a better chickens we raised in America we ex- He regularly represents Science and country too. As we say in the Navy ported, then it was 5 out of 100, 10 out Technology on Department-level when people do especially good work, of 100, and now it is 20 out of 100. We projects to help improve coordination we say two words: One of them is are negotiating a new transpacific and make the best use of science re- ‘‘Bravo’’ and the other is ‘‘Zulu.’’ So, trade partnership with 11 other coun- sources. Efforts like Jon’s are sup- Michelle and Jon, Bravo Zulu. God tries that will encompass about 40 per- porting Secretary Jeh Johnson’s Unity bless you. cent of the world’s markets. We want of Effort Initiative, an effort to help JOB CREATION to make sure on Delmarva, and frankly the Department operate more effi- Mr. President, if you will bear with in a lot of other places around this ciently and effectively. That is some- me, I wish to talk for a little bit about country, that we can use this trade thing I think we can all get behind. another important issue, if I could, and agreement to sell that which we are Colleagues say that Jon looks at so- I don’t see anybody else on the floor, so really good at; that is, raising chick- lutions to problems not only from a se- I will forge ahead. ens. curity aspect but also while thinking I actually said this earlier today While some of the important work at about how they impact the overall eco- when we were having a discussion on Science and Technology happens in the nomic interest of our country. He be- the Iran agreement, but it bears re- lab, some scientists and engineers lieves all solutions must have a posi- peating. When I go back to the elec- there team up with other agencies tive return on investment over existing tions of last November, I have three within the Department of Homeland methods and practices. Jon is well messages that are takeaways that I Security to get a firsthand look at how known for his let’s-find-a-way attitude continue to come back to. to enhance capabilities and operations and always encourages his colleagues The first takeaway for me last No- on the frontlines. For Jonathan to be a part of the solution rather than vember was this: The American people McEntee—known as Jon—Jon’s add to the problem. I like to say: ‘‘No’’ are sending us a message. They said Science and Technology work has means find another way. they want us to work together. The taken him into the field of joint mis- The work ethic he embodies and his second message is they want us to get sions with the Coast Guard, with Cus- leadership can be credited for his work stuff done, things that we need to get toms and Border Protection, and with building partnerships to promote our done for the good of our country, and Immigration and Customs Enforce- Nation’s economic growth. Specifi- they especially want us to get things ment. cally, he helped facilitate a partnership done that will help strengthen our eco- Public service is nothing new to Jon. that included Customs and Border Pro- nomic recovery. In fact, it runs in his family. Jon was tection, Mexican and Canadian Cus- On the good-news side, the Depart- born on a U.S. Air Force base, not in toms, General Motors, the Ford Motor ment of Labor reported today that the Dover, DE, but in the United Kingdom Company, Honda Manufacturing, Pa- number of people who filed for unem- of all places, in a place called cific Union, and Ferromex Rail to suc- ployment insurance this past week— Lakenheath, United Kingdom. He is cessfully conduct a cargo security this number comes out of the Depart- the proud son of a retired linguist and technology demonstration that oper- ment of Labor every Thursday that is the grandson of a 50-year GE chemical ates four U.S.-bound supply chain not a Federal holiday, and they have engineer and World War II veteran. He routes originating from Mexico and been doing this for years. The week continues his family’s history of serv- originating from Canada. Barack Obama and JOE BIDEN were in- ice to our country today through his That achievement earned him wide augurated as President and Vice Presi- work ensuring the security and eco- praise, including the Department of dent—that week in January of 2009— nomic prosperity of the United States Homeland Security and Technology 628,000 people filed for unemployment in his role at Science and Technology. Under Secretary’s Award in 2014. Jon insurance. Anytime that number is Since 2007, the last several years, Jon earned his master’s in business admin- over 400,000 people filing for unemploy- has worked at the Borders and Mari- istration from Salisbury University ment insurance in a week, we are los- time Security Division at Science and and a bachelor of science degree in fi- ing jobs. Technology within the Department of nance from Frostburg State Univer- At the beginning of 2009, we were los- Homeland Security. It is called Secu- sity. He and his wife Heather, an Air ing a lot of jobs. We lost 2.5 million rity Advanced Research Projects Agen- Force veteran, have three children: jobs in this country in the last 6 cy. This component is responsible for Sage, Myra, and Jack. months of 2008. We lost 2.5 million the research, for the development, for I just want to say to Sage, Myra and more jobs in this country in the first 6 the testing and evaluation needs for Jack: Thank you for sharing not just months of 2009. And as we went the Department’s land borders, ports of your mom but your dad as well with through 2009, that number—628,000 peo- entry, and maritime mission environ- the people of our country. Thank you. ple filing for unemployment insurance ments. The efforts of Michelle and Jon pro- every week—frankly didn’t come down Since becoming the division’s Deputy vide just a glimpse into the important a lot. After a year or so, it began to Director in 2011, Jon has managed sev- work being done by hundreds of thou- trend down. Finally, it went down to eral projects, developing maritime, sands of individuals across the Depart- 600,000, eventually to 500,000, and fi- border, and cargo security initiatives. ment of Homeland Security every sin- nally it dipped below 500,000 after a He is responsible for managing the con- gle day. These men and women are couple of years. Several years ago, that gressional, financial, and technical dedicated. They are exemplary public number came down to 400,000. oversight of operations, along with its servants. They are unsung heroes who The reason 400,000 is an important 30 employees. On any given day, Jon is walk among us every day. More often number in terms of people filing for un- juggling 40 projects on a wide range of than not, their good work goes unno- employment insurance is when that activities all across the Department. ticed—not today. These are not name- number drops on a weekly basis below According to his colleagues, Jon be- less, faceless bureaucrats. These are 400,000, we are starting to add jobs lieves technology is the key to remain- people with great educations, a great back—or at least our economy is. For ing competitive and relevant in an desire to serve our country, and who the last 28 straight weeks, the number ever-changing global environment. So every day make a difference for us in of folks filing for unemployment insur- it is no surprise that he helped estab- this country with the work they do. ance in this country has been under lish the technology innovation center Michelle and Jon, right here—Jon, 300,000. One of the reasons we are add- within the Coast Guard, to help deliver thank you. For Michelle, whose picture ing, in most months, 200,000 to 250,000 is

VerDate Sep 11 2014 02:18 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.055 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6797 because not nearly as many people are legislators from around the world who creasing. The ocean is becoming more losing their jobs, and that is a very are all working to address climate dangerously acidic. Last year was the good thing. change in their own countries. We met warmest year ever recorded. Today, Even though the economy is argu- with Cardinal Pietro Parolin and Car- NOAA announced that this summer ably better than it was—I think the un- dinal Peter Turkson, the Vatican lead- was the hottest summer since 1880. In- employment rate in this country in ers responsible for writing the initial creasing temperatures increase the January of 2009 was heading toward 10 draft of Pope Francis’s historical envi- risk for bad air days, in turn increasing percent. The unemployment rate today ronmental encyclical, and shared the the risk of asthma attacks and worse is closer to 5 percent. Is that too high? impact of climate change in our own for people who actually have lung dis- Sure it is. Can we do better than that? home countries with the two cardinals ease. Global warming is also a public We have to do better than that. who were going to be writing that en- health crisis. So one of the things I always focus cyclical. The economic and security costs are on is trying to figure out how we— The conversation then turned to now dangerously evident. Climate when I was Governor of Delaware and what was happening in the countries of change is aggravating tensions around chairman of the National Governors the legislators who were visiting. The the world, especially where food and Association, I always was interested in lawmaker from the Philippines dis- water security are at the heart of the how we could create a more nurturing cussed the destruction that Typhoon conflicts. It is spawning new crises environment for job creation and job Haiyan brought to parts of her coun- that are displacing millions of people preservation. In the 8 years I was privi- try. Legislators from South Africa and and creating an era of refugees. This leged to be Governor of Delaware, I am Mexico shared the challenges their will require action by our diplomats told that more jobs were created in countries and regions face from and aid organizations, but every nation those 8 years than any year maybe in drought. The representatives from Eu- must do its fair share. Delaware history—any 8-year period in rope pointed to the damage from ex- Pope Francis’s address to Congress Delaware history. I didn’t create a one treme heat waves and rainfall. I re- next week will offer us the opportunity of them. Governors don’t create jobs. layed my concern with the rising lev- to examine our own policies, their im- Mayors don’t create jobs. Senators— els, temperature, and acidity of the pact on not only the people of our Na- however good we are—don’t create ocean and the impacts on coastal com- tion but on the entire planet, and our jobs. Presidents don’t create job. What munities. Rising sea levels are eroding duty as leaders and as human beings to we do is help create a nurturing envi- our shores in Massachusetts and New take action. Pope Francis has brought this moral ronment for job creation. England and across our country, in- imperative to act on climate change What does that include? Access to creasing the damage in New England of just as the nations of the world are capital. People starting businesses usu- nor’easters. In recent years, ocean tem- working to forge an international ally have to raise money. A world-class peratures in our part of the Atlantic agreement in Paris this December as workforce with the kinds of skills that ocean have been the hottest ever re- the world gathers to deal with this will help businesses be successful. corded. In one case, off of Cape Cod, it Transportation to move people and issue. The United States must lead this was 21 degrees warmer than normal business services where they need to go effort. The United States must heed this January, in Massachusetts, off of and when they need to go. Public safe- the message of Pope Francis. The our coastline. United States must be the nation in ty. Reasonably priced energy. Reason- But all of us who had gathered at the Paris in December saying to the rest of ably priced health care. You name it. A Vatican were in agreement that the the world that we can and must do lot of things go into creating a nur- world’s poorest people are suffering the turing environment for job creation something to solve this problem. worst consequences of climate We know that clean energy will be at and job preservation. change—extreme poverty, famine, dis- (The remarks of Mr. CARPER per- the heart of meeting any of the goals ease, and displacement—which is why taining to the introduction of S. 2051 which we have to establish here and it should be no surprise that Pope are printed in today’s RECORD under across the planet in order to cut pollu- ‘‘Statements on Introduced Bills and Francis, a Jesuit trained in chemistry tion. We must continue to improve the Joint Resolutions.’’) who is devoted to the poor and ensur- fuel efficiency of the automobiles and Still seeing no one else on the floor, ing a just and better future for all trucks we drive here in the United I suggest the absence of a quorum. mankind, would be the only Pope to de- States. We must deploy more wind and The PRESIDING OFFICER. The vote an entire encyclical to humanity’s solar energy and renew tax breaks for clerk will call the roll. relationship with the environment. In those projects. The senior assistant legislative clerk releasing his encyclical and giving us By making a commitment to reduce proceeded to call the roll. his message to protect what he calls the pollution imperiling our planet, we Mr. MARKEY. Mr. President, I ask ‘‘our common home,’’ Pope Francis has can engage in job creation that is good unanimous consent that the order for also given us a common goal: We must for all of creation. The United States the quorum call be rescinded. act now to stop climate change. But can be the leader in the technological The PRESIDING OFFICER. Without make no mistake—this Pope is looking revolution to reduce the pollution im- objection, it is so ordered. for leadership. Pope Francis is looking periling our planet, and then we can POPE FRANCIS’S ADDRESS TO CONGRESS AND for results. He is looking for all of us to partner with other nations to share CLIMATE CHANGE lead to solve this problem. this technology and protect the most Mr. MARKEY. Mr. President, last Next week, we will have the honor of vulnerable around the world. year I had the opportunity to travel to hosting Pope Francis here in Wash- Pope Francis said in his encyclical, the Vatican. During my visit, I had the ington, DC, and hearing him address a ‘‘Today, in the view of the common chance to overlook St. Peter’s Square joint meeting of the United States good, there is an urgent need for poli- from a Vatican balcony. As I took in House of Representatives and the Sen- tics and economics to enter into a the view of that historic square, the ate—unprecedented—and the entire Na- frank dialogue in the service of life, es- Sun glinted off the future. Across the tion will be watching the Pope as he pecially life.’’ We know that to agree square, I saw the rooftop of Pope Paul speaks because we all need to hear on a course of action is no easy task in VI Audience Hall on the Vatican Pope Francis’s message of love, of com- this Chamber, but if we harness the grounds covered with solar panels. It passion, of justice and action. And we ambition of the Moon landing, the was clear from that view that the Vati- need to join in the conversation he is technological power of our workers, can takes climate change very seri- calling the world to engage in about and the moral imperative of Pope ously and had long been preparing to protecting people and our planet. Francis’s message, we can leave the have a profound impact on this genera- The science of climate change has world a better place than we found it. tional issue that touches every living been clear for decades. Global tempera- We have done it before. We have the creature on the planet. tures are warming, glaciers are melt- tools to do it again. Now we need to I was at the Vatican as the only U.S. ing, and sea levels are rising. Extreme forge the political will in order to ac- representative in a group of high-level downpours and weather events are in- complish those goals.

VerDate Sep 11 2014 02:18 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.061 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6798 CONGRESSIONAL RECORD — SENATE September 17, 2015 We need more solar, we need more The PRESIDING OFFICER. The clo- C. McGowan, of Delaware, to be United wind, and we need the batteries for the ture motion having been presented States Marshal for the District of Dela- vehicles we drive in order to reduce the under rule XXII, the Chair directs the ware, for the term of four years; Sim amount of polluting fossil fuels we send clerk to read the motion. Farar, of California, to be a Member of up into the atmosphere. We need to in- The legislative clerk read as follows: the United States Advisory Commis- vest. We need to be the technological CLOTURE MOTION sion on Public Diplomacy for a term giants. We need to unleash the same We, the undersigned Senators, in accord- expiring July 1, 2015; Sim Farar, of kind of revolution in the energy sector ance with the provisions of rule XXII of the California, to be a Member of the as we did in the telecommunications Standing Rules of the Senate, do hereby United States Advisory Commission on sector in the 1990s. No one on the plan- move to bring to a close debate on the mo- Public Diplomacy for a term expiring et except the United States had a de- tion to proceed to Calendar No. 230, H.R. 36, July 1, 2018; William Joseph Hybl, of vice like this on their person just 15 to amend title 18, United States Code, to pro- Colorado, to be a Member of the United years ago. We invented telecommuni- tect pain-capable unborn children, and for States Advisory Commission on Public other purposes. cations. We invented the way in which Mitch McConnell, Joni Ernst, Mike Lee, Diplomacy for a term expiring July 1, people not just here in America but all Mike Rounds, Chuck Grassley, Tim 2015; and William Joseph Hybl, of Colo- across the planet—Africa, Asia, South Scott, Patrick J. Toomey, John Booz- rado, to be a Member of the United America—communicate with these man, David Perdue, Johnny Isakson, States Advisory Commission on Public wireless devices. We can do the same James M. Inhofe, James E. Risch, Diplomacy for a term expiring July 1, thing on energy. We can do the same Steve Daines, Roy Blunt, Roger F. 2018? thing with wind and solar. We can re- Wicker, John Thune, James Lankford. The nominations were confirmed en invent the kinds of vehicles we drive— f bloc. cars, trucks, buses. We can do it. We f have to have the will. We have to listen EXECUTIVE SESSION to the Pope. We have to play the role LEGISLATIVE SESSION that the United States is expected to The PRESIDING OFFICER. The Sen- NOMINATION OF MICHAEL C. lead by the rest of the world in order to ate will now resume legislative session. MCGOWAN TO BE UNITED meet this moral imperative. And we STATES MARSHAL FOR THE DIS- f can do it by creating millions of new TRICT OF DELAWARE MORNING BUSINESS jobs here in the United States. So that is our challenge. Mr. MCCONNELL. Mr. President, I The Pope is arriving next week. For ask unanimous consent that the Sen- me, as a boy who grew up going to the NOMINATION OF SIM FARAR TO ate be in a period of morning business, Immaculate Conception Grammar BE A MEMBER OF THE UNITED with Senators permitted to speak School, Malden Catholic, Boston Col- STATES ADVISORY COMMISSION therein for up to 10 minutes each. lege, and Boston College Law School— ON PUBLIC DIPLOMACY The PRESIDING OFFICER. Without Catholic school every day for 19 years— objection, it is so ordered. this is just an incredible thrill, know- f NOMINATION OF SIM FARAR TO ing that, in a way, when he is standing BE A MEMBER OF THE UNITED RECOGNIZING THE 25TH ANNIVER- up on that podium, it is going to be a STATES ADVISORY COMMISSION SARY OF PASTOR CLINTON latter-day ‘‘Sermon on the Mount’’ ON PUBLIC DIPLOMACY HOUSE AND DR. MARY L. that he delivers to us telling us what HOUSE’S PASTORAL SERVICE our job is today: to save this beautiful WITH MOUNTAINTOP FAITH MIN- planet God has created while also NOMINATION OF WILLIAM JOSEPH ISTRIES avoiding the worst consequences for HYBL TO BE A MEMBER OF THE the poorest people on the planet if we Mr. REID. Mr. President, I rise today UNITED STATES ADVISORY COM- to recognize Pastor Clinton House and do not solve the problem. MISSION ON PUBLIC DIPLOMACY Let’s work together in a bipartisan Dr. Mary L. House and their 25 years of fashion in order to heed the message of pastoral service with Mountaintop Pope Francis. Faith Ministries. NOMINATION OF WILLIAM JOSEPH I yield the floor. Pastor Clinton House and Dr. Mary I suggest the absence of a quorum. HYBL TO BE A MEMBER OF THE House began their ministry work at a The PRESIDING OFFICER. The UNITED STATES ADVISORY COM- small church in North Las Vegas with clerk will call the roll. MISSION ON PUBLIC DIPLOMACY 13 members. Over the years, Mountain- The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, I top Faith Ministries outgrew its hum- proceeded to call the roll. ask unanimous consent that the Sen- ble beginnings. In 1993, the church’s Mr. MCCONNELL. Mr. President, I ate proceed to executive session to con- congregation grew so much they had to ask unanimous consent that the order sider the following nominations: Cal- open the doors of the church and put for the quorum call be rescinded. endar Nos. 248, 301, 302, 303, and 304; chairs in the lobby and out to the The PRESIDING OFFICER (Mr. that the Senate vote on the nomina- street. The church continued to grow, SASSE). Without objection, it is so or- tions en bloc without intervening ac- and eventually, they began holding dered. tion or debate; that following disposi- services in the auditorium of Durango f tion of the nominations, the motions High School to accommodate church- PAIN-CAPABLE UNBORN CHILD to reconsider be considered made and goers. Today, Mountaintop Faith Min- PROTECTION ACT—MOTION TO laid upon the table with no intervening istries has a church complex and up- PROCEED action or debate; that no further mo- wards of 3,500 members. tions be in order to the nominations; Mountaintop Faith Ministries has Mr. MCCONNELL. Mr. President, I that any statements related to the move to proceed to Calendar No. 230, continuously given back to the Las nominations be printed in the RECORD; H.R. 36. Vegas community. The Sunday serv- The PRESIDING OFFICER. The that the President be immediately no- ices have provided spiritual guidance clerk will report the motion. tified of the Senate’s action, and the for thousands, and the church also of- The legislative clerk read as follows: Senate then resume legislative session. fers midweek Bible classes and busi- Motion to proceed to Calendar No. 230, The PRESIDING OFFICER. Without ness fairs, where owners can share H.R. 36, a bill to amend title 18, United objection, it is so ordered. their businesses with church members States Code, to protect pain-capable unborn Thereupon, the Senate proceeded to following services. One Resurrection children, and for other purposes. consider the nominations. Sunday, they held a ‘‘dress down’’ Sun- CLOTURE MOTION The PRESIDING OFFICER. The day on the football field at Durango Mr. MCCONNELL. I send a cloture question is, Will the Senate advise and High School. This community event motion to the desk. consent to the nominations of Michael brought buses of homeless to worship

VerDate Sep 11 2014 00:00 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD15\S17SE5.REC S17SE5 bjneal on DSK6SPTVN1PROD with CONG-REC-ONLINE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6799 with them. After the service, church across the country are now vulnerable The size of your bank account cannot members provided food for the home- to racially discriminatory voting laws and should not determine whether and less, as well. that restrict the franchise without the how the government responds to your For the past 25 years, Pastor Clinton full protections of the Voting Rights needs. We must act to restore the First House and Dr. Mary House have Act. On this 50th anniversary year of Amendment and to preserve those pro- touched the Las Vegas community the March in Selma and of the Voting tections to ensure that all voices can through their dedicated work. I con- Rights Act, we must do all we can to be heard in the democratic process. gratulate them on their many suc- restore and enhance the protections of Constitution Day is an occasion to cesses and wish them the best in their that landmark legislation. celebrate our founding charter and the future endeavors. On gender equality, we continue to historic democracy it has caused and f see women being paid less than men for fostered. It is also a time to reflect on doing the same job. We also continue what we are doing as citizens to uphold 228TH ANNIVERSARY OF THE to see partisan attacks on women’s the promises that the Constitution has CONSTITUTION health care choices. From legislation provided. I encourage all Americans to Mr. LEAHY. Mr. President, today, we blocking these choices to efforts mark this day by reading the whole celebrate the 228th anniversary of the defunding critical health services for Constitution and celebrating how it re- signing of the Constitution of the women, we clearly have a long way to flects the great progress we have made United States. Some elected officials go to ensure gender equality. to become a more inclusive and strong- talk about their love of ‘‘the Constitu- And while LGBT Americans are now er democracy. tion and the Bill of Rights’’. That spe- able to marry the person they love, f cific phrasing is interesting in that it they continue to experience discrimi- REMEMBERING EDWARD W. somehow implies that the Constitution nation in other aspects of their lives. BROOKE III does not itself include the Bill of Achieving full equality means that Rights, which of course it does. But it LGBT individuals should be able to Mr. MARKEY. Mr. President, on contains much more than those origi- provide for their families without fear March 11, 2015, at Washington National nal 10 amendments. Each year, I re- that they will be fired from their jobs Cathedral, a memorial service was held mind Americans that we must cele- or denied housing. It means that a res- for former Massachusetts Senator Ed- brate not just the original Constitution taurant should not be able to refuse to ward W. Brooke III. Ed was one of the of Washington, Hamilton, Madison, and serve an LGBT couple because the first African Americans to serve in the Founding generation but the whole owner disapproves of that couple’s rela- combat during World War II. He was Constitution, including its 27 amend- tionship. New civil rights laws are the first African American to be elect- ments. This includes the 13th, 14th, and needed to protect LGBT Americans so ed a State attorney general, and the 15th Amendments, which many schol- they can live their lives free from dis- first elected to the U.S. Senate by pop- ars have rightly described as our Na- crimination. ular vote. In 2004, he was awarded the tion’s Second Founding. We must uphold this promise of Presidential Medal of Freedom by The Senate commemorated the Ses- equality for the vulnerable and the President George W. Bush. In honor of quicentennial or the 150th anniversary voiceless as well. We are a nation of his extraordinary life and service to of the Second Founding earlier this immigrants with a long, proud history our Nation, I ask unanimous consent to year when the Senate passed a resolu- of opening our doors and welcoming have printed in the RECORD the re- tion raising awareness about this series people from around the world. After marks made at Senator Edward W. of amendments, which provided the all, the Statue of Liberty has long pro- Brooke III’s memorial service by Sec- country with a new birth of freedom. claimed America’s welcome: ‘‘Give us retary of State John F. Kerry; Con- Ratified by President Lincoln and his your tired, your poor, your huddled gresswoman ELEANOR HOLMES NORTON; generation after the Civil War, these masses yearning to breathe free. . . . Milton C. Davis and Edward W. Brooke Second Founding amendments trans- Send these, the homeless, tempest-tost IV. formed our original charter—most fun- to me, I lift my lamp beside the golden There being no objection, the mate- damentally—by elevating the principle door.’’ That is what America has long rial was ordered to be printed in the of equality to a central place in our stood for and what we should continue RECORD, as follows: constitutional order. to represent. Instead, I have seen ugly REMARKS OF SECRETARY OF STATE This year, the Supreme Court once partisan rhetoric about changing the JOHN F. KERRY again upheld the Constitution’s prom- 14th Amendment of our Constitution to Good morning. It’s a privilege to share some thoughts about Ed Brooke. ise of equality when it ruled that the remove birthright citizenship specifi- I want you to think back half a century. 14th Amendment of the Constitution cally to target immigrants. We should Imagine a room in the 1960s where all the protects the right of each American to be a nation that embraces and lifts our leading Massachusetts politicians are gath- marry the person they love, regardless most vulnerable, not a nation that acts ered—Kennedy, McCormack, O’Neill, Volpe, of their sexual orientation or gender out of spite or malice. Brooke. Among them, one figure stands out identity. Because of that ruling, LGBT We must also fight for the voices of as the courageous representative of an em- children all across America will grow all Americans and not just corpora- battled minority; Ed Brooke; alone; un- up knowing that they can love without tions or the wealthy few. Our country daunted; the only Episcopalian. Imagine another room, the chamber of the fear, and that they are equal citizens of has flourished because we have worked U.S. Senate. Shortly after noon on January this great Nation. hard to ensure that more, not fewer, 10, 1967, a man of consummate dignity Although the Constitution provides Americans can take part in the demo- strides down the center aisle; Legislators us with the promise of equality, we cratic process. Instead, our campaign rise and applaud; the gallery cheers. The must never forget that it is up to all of finance laws have been eviscerated by a first African-American popularly-elected to us to advance and protect that intrin- Supreme Court that views money as the Senate takes his seat. In that moment, sic American value of equality. Each speech and refuses to place any limits Ed Brooke was not just a pioneer; he was an generation must do its part. This is on the ability of the wealthy and spe- advance scout probing the soul of our coun- try. Twenty-six years would pass before a true whether it is racial equality, gen- cial interests to drown out hard-work- second African-American would be elected. der equality, or equality based on a ing Americans. The Court has also irra- Imagine a young man raised in Wash- person’s sexual orientation or gender tionally limited the definition of ‘‘cor- ington, joining the army immediately after identity. We have come a long way in ruption’’ in our campaign finance laws Pearl Harbor, later deploying to Italy as part each of those areas, but we continue to to just bribery. But unlike a narrow of a segregated infantry battalion. There, have work to do. majority of the Court, the public un- Lieutenant Brooke watched in anguish as his On racial equality, too many of our derstands that corruption is not just buddies were sent each morning to attack a citizens continue to face racial dis- bribery; rather, corruption is the idea heavily-fortified German position in the Ap- ennines. crimination in voting. As a result of that money buys access and influences The young soldier soon became convinced the Supreme Court’s dreadful ruling in our democracy for a wealthy few. This that his men were being used as cannon fod- Shelby County v. Holder, Americans cannot be allowed in our democracy. der by racist commanders. He proposed a

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.053 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6800 CONGRESSIONAL RECORD — SENATE September 17, 2015 shift in tactics, an operation staged later in interest in what I was doing. He was a char- graduated from Dunbar High School, and the the day, when the enemy would be sleeping. ismatic man with a genuine laugh and a res- Senator’s class of 1936 is in the church today, The answer came back: ‘‘The colonel would onant voice and a ready willingness to an- and from Howard University; not even if you never send a boy to do a man’s job.’’ Brooke swer my questions. One topic we discussed became a World War II hero and won the persisted and the operation he organized was the parallels. After all, we had both gone Bronze Star, leading your segregated unit in went ahead, catching the enemy by surprise from college to war to law school to a pros- a broad daylight attack on an enemy bunker; and driving them from the mountain. His ecutor’s office to spend many years as the and certainly not if your hometown had no battalion suffered 1300 casualties and won 27 ‘‘junior’’ Senator from Massachusetts. We elected self-government, much less senators. medals; its reward was to be dismantled and had each won and lost elections and guess Edward William Brooke was nurtured in a its personnel scattered to places where many what—we both agreed that winning was bet- loving, closely knit, aspiring African Amer- could neither sit at a lunch counter nor vote. ter. ican community in the District of Columbia. We must never forget that—as much as Ike, Believe me, few public statements are But it did not groom him to think of himself Patton and Marshall—Ed Brooke and the Af- harder to deliver than a concession speech as a public official. rican-Americans who joined him in fighting after a closely-contested—even bitter—race. Senator Brooke owed much to a childhood Fascism were part of the greatest generation In 1978, I was indelibly struck by how Ed’s spent in our city where children were raised and we owe them an incalculable debt. remarks set a new standard for grace amid to believe segregation did not for a moment But this was just the beginning of Ed pain. He congratulated his opponent and paid mean you were inferior. But the man that Brooke’s journey. tribute to allies who would, he said, carry on became a natural politician, charismatic, As a legislator, Senator Brooke was always his work. He was flanked by one source of charming, brilliant, and utterly approach- on the cutting edge—championing a woman’s strength, his mother—and alluded to a sec- able, invented himself and went on to be- right to choose; taking on the tobacco indus- ond in saying: ‘‘When I was down in the val- come not only a public official, but a historic try when smoking was still considered cool; ley, I didn’t cry—I cried out—and you gave figure. initiating a program to help minority me the strength to move on.’’ The Senate has always had its share of businesspeople create jobs; guaranteeing Early on, this proud son introduced me to self-made men and women. Edward Brooke women equal access to credit; and authoring Helen Brooke who, during my years in the was a self-made senator. Many had thought an amendment that, to this day, enables tens Senate, embraced me as much as anyone in of Barack Obama as a man ahead of his time, of thousands of people each year to qualify the city. Mother Brooke loved her family until the President came to the Capitol in for public housing and thereby escape shel- and her church; she loved to have a good 2009 to present the Congressional Gold Medal ters or the streets. time and she taught her son how to be a suc- to Senator Brooke. After receiving the When President Nixon asked the Senate to cessful politician. ‘‘Always thank people,’’ medal, Senator Brooke regaled us with re- confirm a Supreme Court nominee whose she said, ‘‘and make them feel special.’’ That marks that must have been written in his supporters argued—and I’m not making this advice stuck. As one colleague observed, head and his heart, because without so much up—that mediocrity deserved representa- ‘‘When Ed Brooke looked at you, you felt he as a note, he accepted the medal in a voice tion—Ed Brooke looked his party’s leader- was not only thinking about you and only that resonated as it must have when he ship in the eye and said no—and did the same you, but that he probably hadn’t thought spoke in the Senate about the Brooke on two other Nixon nominees. about anyone else in weeks.’’ Amendment to the Fair Housing Act, which He also differed from the President by Fifteen years ago, the state courthouse— limited to 25% the portion of income a fam- being right about the Vietnam War and vot- just across from my own district office in ily must pay in rent for public housing. ing to end it—a position that mattered a lot Boston—was named after Ed Brooke—a trib- Don’t ask me how a black man without to many of his constituents, including me. ute to the man and a regular reminder to all guide posts became one of the most popular And when ideologues tried to gut the Civil of his love for the practice of law. In Massa- politicians ever in Massachusetts, a state Rights and Voting Rights laws: Ed Brooke chusetts, three charter schools are dedicated where only 2% of the population was black. used every instrument in the legislative tool to his memory; and many of their students I cannot explain the conundrum that was Ed- box to stop them—declaring that liberties made the journey from the land of the seven- ward Brooke. But I experienced the warmth that took a century or more to secure must foot snowdrifts to be here with us today; and the talent that made him successful as a never again be denied. A vow that, as Presi- there are also many students from Dunbar— public man and dear as a friend. And I can dent Obama reminded us in Selma on Satur- his high school alma mater. tell you this: Edward Brooke never forgot day, remains as timely now as ever. Senator Brooke shunned the title of trail- where he came from, the city that nurtured For all of his career, Ed Brooke was his blazer, but that’s exactly what he was. He in- his uniqueness. Without hesitation, he vol- own man. As Attorney General, he was re- spired thousands of young people—of every unteered to talk with senators in his Repub- lentless in cracking down on corruption— race—to enter public service. Some criticized lican Party when the Senate and the House which in Massachusetts in the early 1960s him for not being more outspoken or for not both passed the D.C. House Voting Rights provided what we might call ‘‘a target-rich being enough this or enough that—trying to Act. He succeeded. The vote for the District environment.’’ His electoral triumphs were mold him to their expectations—but he was was lost to an amendment that would have astonishing in a state that was only 2 per- always true to himself. He fought ceaselessly wiped out all of the District’s gun laws in re- cent black, where school desegregation was and with determination for the poor, for mi- turn for a vote in the People’s House. an explosive issue, and where the face of norities, for women, and for what he felt was Senator Brooke’s place in American his- prejudice might appear either ugly with right. He was the embodiment of a style of tory was sealed and delivered long before he anger or thinly masked by code words. In legislating that valued substance over rhet- died in January. His place as the first Afri- one early race he narrowly lost, his oppo- oric and public needs over political agendas. can American elected to the Senate with the nent, Kevin White, claimed to see no hidden Bipartisanship, to him, was never a four let- popular vote and his extraordinary record as message in campaign bumper stickers that ter word. a senator are even more remarkable when read simply: ‘‘Vote White.’’ So we are privileged to be here—family, you consider his origins here in the District Repeatedly, Brooke was urged by the polit- friends, admirers—in celebration and of Columbia, which had no local government ical establishment not to run for higher of- thanksgiving, for this remarkable man. In at all. The residents of his hometown con- fice—to instead bide his time until Massa- recent years, as Ed Brooke received the high- tinue to struggle for equal rights as Amer- chusetts was [quote-unquote] ‘‘ready.’’ In- est civilian honors our nation can bestow— ican citizens and for statehood. But nothing deed, in 1962, when he ran for Attorney Gen- the Congressional Gold Medal and the Presi- could inspire our citizens more than a native eral, his opponent was the formidable Elliott dential Medal of Freedom—he reminded us son, born in a city without a vote or a local Richardson, a man with deep connections to that the work to which he had dedicated his public official, who rose to cast votes in the what were—socially and financially—the own best efforts—remains unfinished. Senate of the United States. upper echelons of the Commonwealth. But Ed Brooke understood the ebb and flow of Thank you. Ed Brooke didn’t back down, and because he life. He endured great loss and enjoyed exu- REMARKS OF MILTON C. DAVIS, THE 29TH GEN- didn’t, a straight line can be drawn between berant triumphs, saw the valleys and the his electoral victories and that of another ERAL PRESIDENT OF THE ALPHA PHI ALPHA mountain tops, and would be the first to tell FRATERNITY African-American—this time in the national us that he lived a full and blessed life. For ‘‘God of justice, save the people from the arena—some four decades later. him and for that—we will always be grateful. I was in high school when Ed Brooke first clash of race and creed, From the strife of ran for statewide office, attracting so many REMARKS OF CONGRESSWOMAN ELEANOR class and faction, make our nation free in- Democratic voters to the Republican pri- HOLMES NORTON deed; Keep her faith in simple manhood mary that our party had to work for months Anne, family, colleagues, public officials, strong as when her life began, Till it find its afterward reregistering them. friends all of Senator Edward William full fruition in the brotherhood of man!’’ I had met Ed but didn’t really know him Brooke. You do not grow up desiring to be a This is a stanza from a favorite hymn of until after I arrived in Washington. In my United States Senator if you were born in Edward Brooke which he often quoted in the early years in the Senate, he would come by the District of Columbia in 1919; not if you speeches he delivered across the country and occasionally and talk about the job or the lived in one of the District’s African Amer- the world. This stanza summarized his theme events of the day. Whenever I saw him, I was ican communities, LeDroit Park; not if you of life; his mission in life. Long before I ever struck by his warmth and kindness and his went to our segregated public schools and met him in person, I came to know him

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.030 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6801 through the pages of the history of Alpha sition that—Life’s most persistent and ur- patiently helped me to learn from them. He Phi Alpha Fraternity, the world’s first Afri- gent question is ‘‘What are you doing for taught me to read, to speak, and to think, to can American collegiate fraternity founded others?’’ love and be loved. For all of this and so much in 1906. This Alpha history book depicted a Edward W. Brooke became an acknowl- more, I am forever grateful—grateful to him, plethora of role models and heroes, the likes edged national treasure by using his time, and to his mother Helen and father Edward of W. E. B. Dubois, Thurgood Marshall, Mar- talent, influence, power and intellect dem- for raising up a man so entirely and strik- tin Luther King, Jr., Jesse Owens and scores onstrating his commitment to uplifting oth- ingly unafraid to be the best possible version more, whose life and work inspires and ad- ers and assuring that in matters of fair hous- of himself; grateful to the ancestors who, vances a race of people and a nation. None ing, voting rights, education and justice that surviving hardship and desolation, held in- stood out more dramatically than the life the promise of America to equality under tact the sacred vitality of which my father’s and achievements of Edward William law became more of a practical reality rath- life is a profound expression; and grateful to Brooke. He was my hero; dignified, a scholar, er than just a lofty ideal. my mother, whose inspiring and uncondi- charismatic, accomplished and fearless. Reg- In one of his campaigns, a Boston political tional love made our lives together so beau- ular history books have yet to give him the writer wrote ‘‘Brooke was a carpetbagger tiful. credit he has earned. from the South, a Republican in a Demo- We know that he will always be with us, Alpha Phi Alpha Fraternity is in its 109th cratic State, a black in a white state, a and pray for him eternal peace. year of existence and for 77 of those 109 Protestant in a Catholic state and he is poor. f years, Edward William Brooke stood in the Edward Brooke replied: I pleaded guilty to circle of our brotherhood. When Alpha Phi all indictments and I continued to persevere TRIBUTE TO JOHN F. LEHMAN Alpha Fraternity undertook the awesome in my campaign. Brooke won; America won. Mr. MCCAIN. Mr. President, I rise That’s what heroes do: They look reality twenty-seven year task of building the Mar- today to recognize a true American pa- tin Luther King, Jr. Memorial on the Na- in the face and persevere! The Poet Robert Louis Stevenson aptly triot, a fellow naval aviator, and a tional Mall here in Washington DC., Edward sums up my journey of friendship and broth- close personal friend, former Secretary William Brooke was first to come forward erhood with Senator Edward W. Brooke with of Navy, the Honorable John F. Leh- with significant resources and the use of his these words: influence to help guide that process. man. He was an active, contributing and es- He has achieved success; Secretary Lehman served his country teemed member until his death. Who has lived well, laughed often, and loved for over 30 years both in uniform in the The law served as his instrument, tool and much; United States Navy and as Secretary of weapon with which he sought to advance the Who has enjoyed the trust and respect of in- the Navy during the Reagan Adminis- cause of justice in the face of prejudice, dis- telligent men and women and the love tration, from 1981–1987. His leadership of little children; crimination and segregation which sur- and dedication to our country and to rounded him as he grew up in the nation’s Who has filled his niche and accomplished capital not far from this place. his task; the Navy set a high mark unsurpassed He fought against the tyranny of the Axis Who has left the world better than he found to this day. It was Secretary Lehman powers as a commissioned officer in the U.S. it; who championed a ‘‘600-ship’’ Navy Army during World War II assigned to the Who has always looked for the best in oth- after the devastating post-Vietnam war segregated 366th all black infantry regiment ers; cutbacks. He knew how important this where he earned a Bronze Star for valor on And given them the best he had; naval investment was to rebuilding our the battle field. Whose life was an inspiration; global military and strategic power. Edward Brooke also served as an advocate Whose memory a benediction. Together with President Reagan, he of- for black soldiers who were charged with of- REMARKS BY EDWARD W. BROOKE IV fenses in his regiment even though he was fered the vision of strength that would On behalf of my family I would like to ultimately bring an end to the Soviet not then a trained, licensed attorney. thank the distinguished speakers who pre- Alpha Phi Alpha Fraternity, using its ceded me for their thoughtful and deeply Union. His tenure stands as a lesson of members who were lawyers in the 1940s and moving tributes. As they have so eloquently history that peace comes through 1950s filed several major lawsuits seeking to stated, and as most of you well know: my fa- strength and commitment, not weak- dismantle segregation and battle racism in ther lived one of The Great American Lives. ness and retreat. America. Among those cases filed and fi- It was my privilege to know him and to be a Secretary Lehman’s impact on the nanced by the national fraternity was the part of his life. It is my honor to be his son, case of Elmer Henderson vs. The United country and our national security has and to be here with all of you today, in ap- not ended with the conclusion of his States; the Interstate Commerce Commis- preciation of a man whom I love so dearly. sion and the Southern Railway. The case The moments of the past are not gone from tour in the Pentagon. He continues to challenged the Commerce Commission regu- us, nor we from them. The light of each mo- offer essential and trusted advice to de- lation which allowed segregation and dis- ment shines on through eternity as the light cision makers throughout our national crimination in railroad dining cars in inter- of distant stars travels through space and leadership. I am proud to call Sec- state commerce. In the dining car, black pas- time to reach our eyes and touch our minds. retary Lehman my friend, and I am sengers were only allowed to occupy two ta- And so the brilliant light of his great life honored to recognize him today. For bles nearest the kitchen and when occupied shines on for us, that we may better find our these and many other reasons, I ask by black travelers a curtain had to be drawn way in the dark unknown. to hide their presence from white passengers. When I was but a child, not so long ago, my unanimous consent to have printed in If white passengers needed the two tables as- father would always say, ‘‘Waste not; want the RECORD the citation in honor of signed to black passengers, the black pas- not.’’ Usually he would do this as he walked Secretary Lehman’s recently awarded sengers had to wait until the white pas- around turning off the lights in vacant National Defense Industrial Associa- sengers vacated the tables assigned to rooms or pointing out the unused excess tion Gold Medal. blacks. ketchup on my dinner-plate. I thought I un- There being no objection, the mate- Edward Brooke was recruited to join the derstood what he meant. Though when I now rial was ordered to be printed in the Alpha legal team headed by then General consider the familiar saying in the full con- RECORD, as follows: President of Alpha Belford Lawson in filing text of his life, it reveals a far more powerful briefs before the U.S. Supreme Court attack- truth: That if we never waste the oppor- GOLD MEDAL FOR DISTINGUISHED SERVICE IS ing these racial barriers and on June 5, 1950, tunity to help each other live better lives, PRESENTED TO THE HONORABLE JOHN F. four years before Brown v. the Board of Edu- none among us would ever have to want for LEHMAN cation major decision, after an eight year a life that could not be attained. For a lifetime of extraordinary leadership battle through the lower courts, the In this generous spirit, and leading by ex- and dedication to a strong national security U.S. Supreme Court struck down the regula- ample, my father constantly strived toward of the United States of America, the Honor- tion which allowed segregation and discrimi- the realization of a better world—a world in able John F. Lehman is hereby recognized nation in railroad dining cars due in part to which the apparent differences between indi- for his superb service to our country, both in the heroic efforts of Edward Brooke. Edward viduals would never again be mistaken as and out of uniform, and in both the United Brooke was a champion for equality and fair- cause to deny justice, humanity, or dignity, States Air Force and the United States ness, his standard and measure of a person nor to justify violence, exploitation, or dis- Navy, serving with great distinction for over was the world’s standard of excellence. He respect. We must continue to work as he did, three decades in a succession of demanding wanted only to be judged by the content of with faith in the possibility of the best imag- leadership positions of ever-increasing au- his character and his abilities rather than inable outcome, and the assurance that fear- thority and responsibility, including serving his racial background. fulness and cynicism cannot withstand the as the 65th Secretary of the Navy for six Dr. Martin Luther King, Jr., who was initi- immeasurable kindness of which we are ca- years, beginning at the age of 38. Never one ated into Alpha Phi Alpha Fraternity by Ed- pable. to hold himself apart from those he leads, ward Brooke while King was a graduate stu- My father was a truly tender, sweet, and Secretary Lehman continued to concur- dent at Boston University stated the propo- lovely man. He forgave my many errors and rently serve as a Naval Aviator while serving

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.031 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6802 CONGRESSIONAL RECORD — SENATE September 17, 2015 as Secretary of the Navy. Throughout his il- Daughters of the American Revolution, build it. That is why I also wish to rec- lustrious career, Secretary Lehman has ex- the Georgia Federation of Republican ognize the exemplary institutions that celled in numerous top level positions sup- Women, and others deserve a great deal are making vital investments in the porting both the national security and for- of gratitude for their efforts to bring next generation of Latino leaders. eign policy of the United States, including as Hispanic-Serving Institutions are a staff member to Dr. Henry Kissinger on the attention to this important day. In rec- National Security Council, as a delegate to ognition of this momentous occasion in colleges or universities where total the Force Reductions Negotiations in Vi- American history and in honor of Con- Hispanic enrollment constitutes a min- enna, as Deputy Director of the U.S. Arms stitution Day, I encourage all Geor- imum of 25 percent of the student body, Control and Disarmament Agency, and as a gians and all Americans to read, study, and they serve more than half of all member of the 9/11 Commission. A lasting and learn the contents of the U.S. Con- Latino students in the United States. hallmark of Secretary Lehman’s commit- stitution. As a product of a Hispanic-Serving In- ment to national security was his out-front I appreciate the efforts of our edu- stitution in my home State of New Jer- leadership for the ‘‘600–ship Navy.’’ This plan cators, elected officials, community sey, my experience is a living testi- was integral to President Reagan’s goal of mony of the important role that HSIs winning the Cold War against the Soviet leaders, and parents who teach our Union and to rebuilding the Navy’s fleet of youth about the foundations of justice, play in expanding opportunities for ships following post-Vietnam War cutbacks. strength and equality upon which our Latino students in 21 States across the Secretary Lehman also developed a critical great Nation was built. I never cease to U.S. and in Puerto Rico. strategic concept known as the ‘‘Lehman be amazed at how the principles of the With these resolutions, we celebrate Doctrine.’’ His plan, which called for a mili- Constitution play out in our daily lives the contributions of all Latinos and tary response to any Russian invasion in Eu- as Americans. the institutions that serve and enrich rope by invading the Soviet Far East, was an Today is an appropriate occasion for the Latino community in the United innovative strategic concept essential to our States. I look forward to celebrating conventional deterrence of the Soviet Union. we the people of the United States, as well as the people’s elected representa- the heritage and culture of Hispanic Even after so many accomplishments in pub- Americans who have and will continue lic service, Secretary Lehman has continued tives in Congress, to renew our com- to offer his advice and support to national mitment to the principles of the U.S. to positively influence and enrich our security leaders to this day. In addition to Constitution. The Constitution’s val- Nation—not only during this special his national security credentials, Secretary ues—liberty, separation of powers, con- month and week, but throughout the Lehman holds a B.S. degree from St. Jo- sent of the governed, and the principle year. seph’s University, B.A. and M.A. degrees that no one is above the law—are just f from Cambridge University, and a Ph.D. from the University of Pennsylvania. He has as true and just as relevant today as RECOGNIZING GROWTH DISORDER enjoyed great success in business as a found- they were when they were set to parch- AWARENESS WEEK ing partner and Chairman of J.F. Lehman & ment more than two centuries ago. Mr. MENENDEZ. Mr. President, on Company, as the president of an aerospace f behalf of every child currently living consulting firm, and he is currently a direc- tor on a variety of corporate boards. He has HISPANIC HERITAGE MONTH AND with a growth disorder I wish to recog- authored numerous books, including ‘On HISPANIC-SERVING INSTITU- nize this week—September 13–19, 2015— Seas of Glory’, ‘Command of the Seas’, and TIONS WEEK as Growth Disorder Awareness Week. A child’s growth is a strong indicator ‘Making War’, and continues to write for the Mr. MENENDEZ. Mr. President, ear- National Review on American Seapower for of that child’s overall health status. lier this week I introduced two bipar- the 21st Century. Secretary Lehman serves According to the Pictures of Standard as a member of a number of influential tisan resolutions that were adopted by Syndromes and Undiagnosed Mal- American think tanks to include serving as unanimous consent: S. Res. 254, recog- formations, POSSUM, database, more the Chair of Foreign Policy Research Insti- nizing September 15 to October 15 as than 600 serious diseases and health tute’s National Security Program. His vi- Hispanic Heritage Month, and S. Res. conditions can cause growth failure. sionary leadership, wise counsel and unparal- 255, designating the week of September These diseases range from nutritional leled service over the last 40 years in govern- 14, 2015 as National Hispanic-Serving ment and business have contributed immeas- disturbances and hormone imbalances Institutions Week. to far more serious conditions that af- urably to sustaining a strong and successful These resolutions celebrate the im- U.S. national security posture. Secretary fect the kidneys or even lead to brain Lehman’s extraordinary devotion to duty, mense contributions of Hispanic Amer- tumors. While these conditions affect a clarity of purpose, and record of remarkable icans to our great Nation and honor child’s growth progress, a stunning 48 achievements are in keeping with the high- the critical work of more than 400 non- percent of children with the most com- est traditions of public and private service profit Hispanic-Serving Institutions for mon growth disorders go undiagnosed. and reflect great credit upon him, the men their important role in educating and To make matters worse, the longer a and women in uniform, and the United empowering Hispanic youth. States of America. child with growth failure goes Latinos have a long and decorated undiagnosed, the greater the potential Given this day September 18, 2015 by: history in the United States, full of ex- ARNOLD L. PUNARO, for long-term health issues and higher Major General, USMC traordinary contributions to America’s costs of treatment. Early detection and (RET), Chairman of past, present, and future. Latinos have diagnosis are, therefore, critical to en- the Board. proudly served, helped build, and de- suring a healthy future for these chil- CRAIG R. MCKINLEY, fended our country for hundreds of dren. General, USAF (RET), years, honorably serving in every ac- This week, as we recognize Growth President & CEO. tion since before the founding of the Awareness Week, I applaud the MAGIC f Nation. Foundation for the tremendous work Hispanics fought alongside patriots CONSTITUTION DAY they do to further public awareness of in the American Revolution and rallied growth failure and to improve the lives Mr. ISAKSON. Mr. President, I wish in the Civil War, serving bravely in and health of the children whom they to commemorate in the RECORD the an- both the Union and Confederate ar- affect. niversary of the signing of the U.S. mies. Latinos rode in Teddy Roo- f Constitution. sevelt’s Rough Riders during the Span- On this day in 1787, the delegates to ish-American War, received Congres- RECOGNIZING NATIONAL LOBSTER the Constitutional Convention met for sional Medals of Honor in both World DAY the last time to sign the U.S. Constitu- Wars, and made the ultimate sacrifice Ms. COLLINS. Mr. President, this tion. In the pursuit to form a more per- for our country in Korea and Vietnam. August the Senate unanimously passed fect union, the Framers of the Con- As of July 31, 2015, more than 164,000 a resolution designating September 25, stitution created a document that not Hispanic Americans are actively serv- 2015, as National Lobster Day. I was only solidified our fledgling Nation but ing with distinction in the United proud to cosponsor that resolution inspired others across the globe to States Armed Forces. with my fellow Mainer, Senator ANGUS strive for liberty, too. Organizations Just as Latinos have defended our KING, and to be joined by our New Eng- such as Lions Clubs International, the Nation, we have also helped shape and land colleagues, Senators SHAHEEN and

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.033 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6803 AYOTTE of New Hampshire, REED and a goal the current Court would do well Justice Rehnquist, of course, dissented. WHITEHOUSE of Rhode Island, and MUR- to remember and embrace. And four years later, the Court retreated PHY and BLUMENTHAL of Connecticut. Of course, I am slightly biased in this from its decree that no state could ‘‘de- That day has arrived and will be cele- matter. I clerked for Rehnquist, after cently’’ choose to impose the death penalty. all, and therefore spent an entire year But Furman was emblematic. In the 1960s brated with a special event at the and 1970s, the Court consistently elevated Maine Maritime Museum in the City of learning at his side, while simulta- the rights of criminal defendants, and, re- Bath. For more than a half-century, neously embarrassing myself in his peatedly, Justice Rehnquist dissented, often this outstanding museum has honored doubles tennis matches. But what is alone. our State’s seafaring heritage and the amazing about Rehnquist is how much As in criminal law, so too across the important role Maine plays today in esteem he was held in by those who gamut, especially concerning federalism and global maritime activities. often disagreed with him. Indeed, the the Religion Clauses. For his first decade and Lobster fishing is central to that her- respect he enjoyed from his colleagues beyond, Justice Rehnquist earned his ‘‘Lone was unparalleled. To give just one of Ranger’’ nickname. Thus, the first gift from itage. Since colonial times, it has the clerks—a twelve-inch adjustable Lone served as an economic engine and a many examples, Walter Dellinger, a Ranger doll, which sat for some three dec- family tradition in New England, help- former Solicitor General in the Clinton ades on the bookshelf in his back office. ing to support the livelihoods of thou- administration, wrote that ‘‘Rehnquist But the fiery dissents of the 1970s were not sands of families. Throughout the re- was a great leader and effective admin- to be Justice Rehnquist’s entire legacy. In gion, more than 120 million pounds of istrator of the Supreme Court and the 1986, President Reagan made him Chief. lobster are caught each year, making it national judiciary. He ran a tight ship. Thus, the second gift—an elaborate Indian . . . Every justice with whom I have feather headdress, which sat next to the one of our most valuable commodities. Lone Ranger doll on the bookshelf. More than 70 percent of this harvest spoken in recent years has noted that Beside both the doll and the headdress lay is hauled in by Maine’s 6,000 commer- the court was functioning well under one of the most startling graphical represen- cial license holders. Lobster is the his leadership.’’ Rehnquist didn’t just tations of the different role Chief Justice backbone of Maine’s prolific fishing in- treat his fellow lawyers well, either. He Rehnquist was to play. Starting at the ceil- dustry, which produces more than $1 knew everyone’s name who worked in ing, his bound opinions from each Term billion in economic activity and sup- the Court—from Justices, to police of- stretched across the shelves. For the first fif- ports 26,000 year-round jobs in such af- ficers, to janitors—and he treated them teen years, each Term’s bound volume is consistently three to four inches wide. Then, filiated enterprises as boatbuilding and all fairly and with dignity. Outside the Court, where he regularly strolled with in 1986, there is a sharp divide: from that maintenance, trap-making, bait, fuel point forward, each Term’s volume of col- and other supplies. The Maine lobster his clerks, he would often graciously lected opinions falls to one to two inches in industry is built upon thousands of take pictures of tourists, who had no width. That visual break was not the result owner-operated family businesses, idea they had just asked our country’s of a sudden lack of verbosity. Rather, it was where the generations work together, top judicial officer to assist with their a physical manifestation of Chief Justice supporting themselves and sustaining family snapshot. These days, in the era Rehnquist’s understanding of the very dif- their communities. of selfies, the tourists probably would ferent task assigned a Chief Justice. No longer was his principal role to expound im- The hard-working men and women of not notice him at all. And Rehnquist would be fine with that. Humility was passioned individual views; instead, it was to the Maine lobster industry are the lead. original conservationists. For more one of his defining characteristics. Thus, in 1996—his twenty-fifth anniversary than 150 years, they have led the way In remembrance of Chief Justice as a Justice and his tenth as Chief—his third in managing this precious resource Rehnquist’s passing, I ask unanimous and most emblematic gift came from the through size restrictions and trap lim- consent to have printed in the RECORD clerks: a large ship’s captain’s wheel, which its, and they are at the forefront of ef- a memorial article I wrote for the Har- was mounted on the wall to commemorate forts to protect whales and other ma- vard Law Review 10 years ago. This is his careful guidance of the Court over the not nearly as much as Rehnquist de- decades. rine mammals. The economic activity The Chief steered the Court, carefully, they generate helps to preserve the serves, but it is more than a man like steadily, over nineteen years at the helm. working waterfronts that are essential Rehnquist would ever request for him- One result of that guidance, widely appre- to coastal communities. self. We miss you, Chief. ciated by lawyers, scholars, and public com- The lobster industry represents the There being no objection, the mate- mentators, is that many of those 1970s-era very essence of Maine—a deep respect rial was ordered to be printed in the Rehnquist dissents are now the law of the for the environment and a dedication RECORD, as follows: land. Indeed, there are few clearer legal arcs [From the Harvard Law Review, Nov., 2005] than the path from Rehnquist dissent to to hard work. I congratulate the men Court majority over these three decades. IN MEMORIAM: WILLIAM H. REHNQUIST and women of the Maine lobster indus- Hence, the so-called federalist revolution, try for upholding this centuries-old (By R. Ted Cruz) revitalizing an important structural safe- heritage and thank the Maine Mari- THE EDITORS OF THE HARVARD LAW REVIEW RE- guard to human liberty through the preser- time Museum for celebrating it. SPECTFULLY DEDICATE THIS ISSUE TO CHIEF vation of the real authority of sovereign JUSTICE WILLIAM H. REHNQUIST states. ‘‘We start with first principles,’’ the f A doll, a headdress, and a ship captain’s Chief began in United States v. Lopez. ‘‘The REMEMBERING CHIEF JUSTICE wheel. All three enjoyed prominent place- Constitution creates a Federal Government WILLIAM HUBBS REHNQUIST ment in the Chief Justice’s private cham- of enumerated powers,’’ ‘‘few and defined,’’ bers. Each was a gift from his law clerks, and in James Madison’s words, which ‘‘ensure[s] Mr. CRUZ. Mr. President, Thursday, each symbolized a different aspect of Wil- [the] protection of our fundamental lib- September 3, was the 10th anniversary liam Hubbs Rehnquist’s tenure as Chief Jus- erties.’’ of the death of William Hubbs tice of the United States. Hence, the return to balance in the Court’s Rehnquist, the former Chief Justice of Appointed to the Court in 1971, then-Jus- Establishment Clause jurisprudence, repudi- the United States Supreme Court. tice Rehnquist found himself on a Court very ating the hostility toward religion mani- Rehnquist was an absolutely out- much out of step with the rest of the nation. fested by earlier decisions. Thus, in 2002, the standing chief, one of the most influen- Five months after he arrived, in June of 1972, Chief wrote Zelman v. Simmons-Harris, up- the Court issued Furman v. Georgia, striking tial Justices in the 225-year history of holding the Cleveland school-choice program down the death penalty across the country. and making clear that the Constitution does the Court. And the 10 years since his Despite the fact that capital punishment is not require the exclusion of religious schools unfortunate passing have only served referenced explicitly in the text of Constitu- from the options presented to children in to increase the level of respect and ad- tion, the Court concluded that it was none- need. miration many have for him. This rev- theless unconstitutional and with the stroke Fittingly, the Chiefs last opinion, handed erence is richly deserved, as Rehnquist of a pen threw out the laws of virtually down as the last opinion on the last day of spent over three decades—nearly two every state. Predicated upon what were the Term, was Van Orden v. Perry. Texas de- decades as Chief Justice—valiantly at- termed ‘‘evolving standards of decency,’’ fended the Ten Commandments monument Furman asserted that five Justices were bet- outside our State Capitol, and we won, 5–4. tempting to return the Court to this ter arbiters of what was ‘‘decent’’ than the In his plurality opinion, the Chief made clear country’s first principles, federalism hundreds of millions of voters who had elect- that nothing in the First Amendment re- being a primary one, in order to sal- ed the legislatures that had widely adopted quires chisels and bulldozers to erase any vage our fundamental liberties. This is the death penalty. and all public references to the Almighty.

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.026 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6804 CONGRESSIONAL RECORD — SENATE September 17, 2015 Rather, the Constitution embraces toler- If there had been four votes to overrule Mi- Once a week, the Chief played tennis with ance, not hostility, toward religion. randa, it is difficult to imagine that, given his clerks. We would play on a public court, And hence the well chronicled retreat from his decades of principled opposition, the and no one ever recognized the older gentle- the 1960s- and 70s-era overbroad protections Chief would not have readily provided the men playing doubles with three young law- for criminal defendants, restoring a jurispru- fifth. But the votes were not there. yers. He would also have us over to his house dential approach that preserves constitu- In their place was genuine peril. Section to play charades. One of my favorite memo- tional liberties without unnecessarily frus- 3501 was a statute passed by Congress and ries is his lying on his stomach on the floor, trating good-faith law enforcement efforts. signed into law by the President; the only pantomiming firing a rifle and mouthing That legacy of legal transformation has way it could be invalidated was for it to be ‘‘pow, pow,’’ as he acted out All Quiet on the earned Chief Justice Rehnquist, in the judg- declared unconstitutional. And, if it were un- Western Front. ment of President Clinton’s acting Solicitor constitutional, that would presumably be be- He enjoyed simple tastes—his favorite General Walter Dellinger, a place—along cause Miranda was not mere prophylaxis, but lunch was a cheeseburger, a ‘‘Miller’s Lite,’’ with John Marshall and Earl Warren—among itself required by the Constitution. and a single cigarette—and he had little pa- the three most influential Chief Justices in Had the Chief voted with the dissenters, tience for putting on airs. Once, when a law history. the majority opinion would have been as- clerk asked him how he went about choosing Yet even so, the Chief’s skill in steering signed by the senior Justice in the majority, law clerks, the Chief replied, ‘‘Well, I obvi- the Court, the care and diligence with which in this case Justice Stevens. And Justice ously wasn’t looking for the best and the he achieved that legacy, is not widely under- Stevens, of course, had a very different view brightest, or I wouldn’t have chosen you stood. Indeed, many scholars, lawyers, and of Miranda than did the Chief. guys.’’ Himself a former law clerk, he had no law students have misperceived the Chief’s It is not difficult to imagine a Justice Ste- grand illusions about the job. jurisprudence—incorrectly deeming him, for vens Dickerson majority, recounting the his- He was a kind and decent man. He knew example, significantly less conservative than tory of Miranda and § 3501 and then observing everybody’s name in the Court, every police Justices Scalia and Thomas—because they something like, ‘‘Although we have often officer and every janitor, and he treated have failed to appreciate the distinct role of used the term ‘prophylactic’ to describe Mi- the Chief Justice, guiding the Court. randa, over time it has become interwoven them all with fairness and dignity. For that Take, for example, Dickerson v. United into the basic fabric of our criminal law; reason, the respect he enjoyed from his col- States, reaffirming Miranda v. Arizona as thus, today, we make explicit what had been leagues was unparalleled. the law of the land. At the time of his death, implicit in our prior decisions: Miranda is re- The Chief was beloved by his family, by his eulogists pointed to Dickerson as an example quired by the U.S. Constitution. Accord- colleagues, by the thirty-four years’ worth of of how the Chief had moderated his views, ingly, § 3501 is unconstitutional.’’ law clerks whom he befriended, taught, and growing over time away from his Lone Rang- That holding, in turn, would have under- mentored. His views did not always prevail, er passion and toward an appreciation for mined the foundation for most if not all of but his steady hand at the helm—his vision, elements of the status quo. the previous decisions limiting Miranda, leadership, and unwavering principles—made In my judgment, that view seriously mis- quietly threatening three decades of the this in every respect the Rehnquist Court. apprehends Chief Justice Rehnquist. Indeed, Chief’s careful efforts to cabin in that deci- f a careful examination of Dickerson can illu- sion appropriately. Therefore, in my judg- minate much of how he served as Chief. At ment, the Chief acted decisively to avoid ADDITIONAL STATEMENTS the outset, Dickerson cannot be understood that consequence. He voted with the major- in isolation; instead, one must consider the ity and assigned the opinion to himself. entire course of the Chiefs criminal-law ju- With that backdrop, the majority opinion RECOGNIZING SUSTAINABLE risprudence. in Dickerson is, in many respects, amusing LUMBER CO. For decades before Dickerson, the Chief to read. Its holding can be characterized as had been a vocal critic of Miranda. Begin- threefold: First, Miranda is NOT required by ∑ Mr. DAINES. Mr. President, I rise in ning with Michigan v. Tucker in 1974, the the Constitution; it is merely prophylactic, recognition of the achievement of Sus- Chief authored or joined dozens of opinions and its exceptions remain good law. Second, tainable Lumber Co., located in Mis- limiting Miranda’s reach. Viewed by many as 18 U.S.C. § 3501 is not good law. Third, do not soula, MT. JPMorgan Chase recently one of the worst Warren Court excesses, Mi- ask why, and please, never, ever, ever cite randa combined an activist approach—man- this opinion for any reason. announced that Sustainable Lumber dating specific police warnings found no- Although not what one would describe as Co. has been awarded a $100,000 grant where in the Constitution—with unsettling the tightest of logical syllogisms, it was the and business trip to Linkedin’s Cali- outcomes—ensuring, in conjunction with a best that could be gotten from the current fornia headquarters for an opportunity robust exclusionary rule, that demonstrably members of the Court. A majority of Jus- of learning and networking. This award guilty criminals could go free on the barest tices agreed with each of the first two propo- further emphasizes Sustainable Lum- of technicalities. sitions, and so therefore—even though the ber Co. as a fine tribute to the State of The predicate for all of the Chief’s efforts propositions are in significant tension with to cabin in Miranda was the notion that the each other—pursuant to Justice Brennan’s Montana, and their both trans- specified warnings were not constitutionally famed ‘‘rule of five,’’ the Court declared formative and responsible approach to required; rather, they were merely a ‘‘pro- both, and nothing more. operating their business has earned phylactic’’ measure in aid of the broader That leadership, I would suggest, is a hall- them the success they rightfully have constitutional value. Because Miranda was mark of a great Chief Justice. The role of the achieved. prophylactic—because the Constitution did Chief is unique, and Chief Justice Rehnquist I also would like to applaud not require its application in every respect— understood his colleagues well. Consistently, the Chief was able gradually to do much to he achieved the best legal outcome that JPMorgan Chase for investing in small mitigate its harmful effects. could be reached in a given case, in aid of businesses, like Sustainable Lumber Enter 18 U.S.C. § 3501. Passed in the wake of moving inexorably in the long term toward Co., through its Mission Main Street Miranda and signed into law by President sound and principled jurisprudential doc- initiative. These investments in small Lyndon B. Johnson, § 3501, in effect, pur- trine. businesses strengthen our local com- ported to overrule Miranda and return to the For those of us who had the privilege of munities and work as a catalyst to- underlying constitutional standard of volun- clerking for the Chief, we came to know a wards revitalizing the American tariness for the admission of confessions. man of enormous intellect, principle, humor, ∑ Yet, for three decades, § 3501 lay dormant on and modesty. Dream. the statute books, all but ignored. Blessed with an eidetic memory, he seemed f In Dickerson, however, a federal court of to know all the law that ever was. He would appeals for the first time gave force to the routinely amaze his clerks by quizzing them TRIBUTE TO JACOB FRANCOM words of the statute, admitting into evidence on the exact citation to some case or other; ∑ Mr. DAINES. Mr. President, I rise a voluntary confession notwithstanding the the clerks would, of course, never know the today in recognition of Jacob Francom, lack of properly administered Miranda warn- cite, and—off the top of his head—the Chief ings. Thus, the validity of § 3501 was squarely always would. As his son James observed at a top-tier educator from Troy, MT. Dr. presented. the Chief’s funeral, he would have said that Francom was recently honored as the If there was one thing the Chief knew, it his dad had forgotten more history than 2015 Montana Principal of the Year and was the minds of his colleagues; he had a re- most of us will ever know, but he didn’t is an excellent example of the impor- markable sense for what his Brethren were think his dad had ever forgotten anything. tance of education to the State of Mon- and were not willing to do. As a practical A Midwesterner, born of modest means, the tana. matter, there was no way that Justice Chief enlisted in the Army in 1943 at age Dr. Francom has not only succeeded O’Connor or Justice Kennedy would possibly eighteen. Law has too long been a profession be willing to overrule Miranda. It was too es- of the privileged few, and it is fitting, and in enhancing and tailoring the profes- tablished, too much a part of the legal fir- worth noting, that the Chief Justice was an sional skills of his staff, but has made mament, for either of them to hazard extin- enlisted man, serving as weather observer in great advancements to the techno- guishing it. North Africa. logical arenas at his school. He has

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.037 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6805 also developed and improved the sys- of both genders in their science, tech- to the Nevada family. The team con- tems of instruction used with the stu- nology, engineering, and math studies. tinues its work not only by fine tuning dents of Troy Junior and Senior High The scholarships that Ms. Kelley has the Flexy-Hand 2 but also by con- Schools. earned through Miss America will necting with other universities to raise What sets Dr. Francom apart is not allow her to finish her master’s degree awareness about the technology. I ask only his leadership and pioneering at debt free. my colleagues to join me and all Ne- his own school, but his initiative in I know the citizens of the Silver vadans in congratulating this incred- helping the schools in other parts of State are proud to see a fellow Nevadan ible engineering department for its Lincoln County. His efforts are focused succeed in pursuing her dreams. Today, selfless work in helping a fellow Ne- on aiding Troy, Libby, and Eureka I ask my colleagues to join me in con- vadan. I wish both the university and with hopes to share in the milestones gratulating Katherine Kelley on this Hailey luck in all of their future en- they reach. incredible honor. I wish her the best of deavors.∑ At only 36 years old, he has earned a luck as she serves as an ambassador for f bachelor’s degree from Utah State Uni- our great State and thank her for her versity, a master’s degree from Univer- work in helping Nevada’s students.∑ RECOGNIZING DR. YUICHI SHODA, DR. WALTER MISCHEL, AND DR. sity of Arizona, and his doctorate, f along with a second master’s from The PHILIP PEAKE University of Montana. He started his RECOGNIZING HOWARD R. HUGHES ∑ Mrs. MURRAY. Mr. President, I rise career working at a boarding school in COLLEGE OF ENGINEERING today in support of the Golden Goose the Yaak, but in 5 short years became ∑ Mr. HELLER. Mr. President, today I Award, which recognizes researchers a rising star at Troy Junior and Senior wish to recognize the University of Ne- whose seemingly obscure, federally High School. Three years later, he was vada, Las Vegas, UNLV, Hughes Col- funded research has returned signifi- serving as superintendent. lege of Engineering for its incredible cant benefits to society. The characteristics that have made work in creating the Flexy-Hand 2 for In particular, I rise to celebrate 2015 Dr. Francom a prime candidate for this 5-year-old Hailey Dawson. Hailey was Golden Goose Awardees Drs. Walter award are not limited to his work in born with Poland syndrome, making it Mischel, Philip Peake, and Yuichi the education field. His humility and extremely difficult to grip smaller Shoda for the impact of their Marsh- perseverance have made him a positive items. The Flexy-Hand 2, a 3D-printed mallow Test research. Their work— and inspiring example for our State. It prosthetic device created by the UNLV funded by the National Institutes of is with great appreciation that I thank engineering department, provides Health and the National Science Foun- Principal Francom for his work in Hailey with new technology that ad- dation—has had a significant impact Troy and across our State.∑ dresses this difficulty, giving her the on how we understand human behavior, f ability to participate in her favorite how we educate our children, and even sport—baseball. how we save for retirement. CONGRATULATING KATHERINE Hailey’s mom, Yong Dawson, ap- These researchers used a simple test KELLEY proached Brendan O’Toole, UNLV’s to measure pre-schoolers’ self-control, ∑ Mr. HELLER. Mr. President, today I chair of medical engineering, to ask if offering children one marshmallow now wish to congratulate a true role model the department would be willing to cre- or two if they could wait just 15 min- in the Nevada community, Ms. Kath- ate a prosthetic hand for her daughter. utes alone with their prospective treat. erine Kelley. Ms. Kelley was crowned O’Toole was eager to take on the They never expected to find that how both Miss Summerlin and Miss Nevada project, gathering students from UNLV children performed on this simple, and recently competed in the Miss and local high schools to help. The silly-sounding test would be related to America competition. I am truly hon- team has spent nearly 2 years working the children’s future SAT scores, their ored to congratulate her on these great on the project and continues perfecting propensity for obesity or drug addic- achievements. the device, including the addition of in- tion, and even the very chemistry of The Miss America pageant began in dividual finger movement. Hailey’s their brains. 1921 and is one of the world’s largest current Flexy-Hand 2 is the fourth In their followup study, Dr. Yuichi scholarship providers to young women. version from the university. The tech- Shoda, now a professor at the Univer- The initiative focuses on creating nology fits her palm, connecting the sity of Washington, found, based on re- change in the lives of others and con- fingers to her wrist, ultimately giving porting by parents and teachers, that tributes a great amount of charity her control of her hand’s grasping mo- children who had been able to wait work in communities across the coun- tion. longer for their extra treat at age 4 try. This characteristic of giving exem- Hailey has now had two unique op- tended to show better adjustment in plifies Ms. Kelley’s everyday life as a portunities to show off her prosthetic adolescence. They had more social and teacher in the Las Vegas community, hand, both throwing out the first pitch academic competence, were more able working to help children excel aca- at a UNLV baseball game in March and to handle stress adeptly, and persisted demically. at a Baltimore Orioles game in August. better in goal pursuit in the face of Ms. Kelley, a Madisonville, KY, na- Hailey’s mother contacted the Orioles frustration. The researchers, joined by tive, moved to Las Vegas in May of 2014 in pursuit of making her child’s dreams many collaborators across an array of and began working with Teach for a reality, asking them for a meet-up. disciplines, have followed these chil- America in hopes of helping with the In response, the team invited Hailey dren now for more than 30 years. They local teacher shortage. She is currently and her family to a game and allowed have documented correlations between pursuing her master’s degree at the Hailey to throw the opening pitch. Be- the ability to delay and life outcomes University of Nevada, Las Vegas, in the fore hitting the field, Hailey had the as diverse as SAT scores, body-mass College of Education, studying sec- opportunity to meet Manny Machado index, the frequency of drug abuse, and ondary math education. Along with and have her hand autographed. measurable differences in brain func- pursuing her master’s degree, she is I would like to congratulate Hailey tioning, which are visible thanks to also a geometry instructor at Mojave on her participation in these unforget- modern functional MRI techniques. High School. Her initial passion for table experiences and on an excellent Today, Dr. Shoda is looking at how teaching began when she spent time first pitch. She is truly a shining exam- people can benefit from an awareness volunteering in the Alabama public ple of positivity within the Las Vegas of the kinds of situations in which they school system. Her experience there community. excel at self-control and those in which drove her in her aspirations to create I would also like to recognize UNLV’s they are most vulnerable to self-con- positive change. Through Miss Amer- Howard R. Hughes College of Engineer- trol failure. ica, Ms. Kelley has had the opportunity ing and Brendan O’Toole for their hard Far from a story about fixed fates, to bring light to the importance of work and dedication to improving the their discoveries about the importance school attendance in low-income com- lives of others. This is an inspiring of self-control and how it can be cul- munities, as well as encourage students story and should stand as an example tivated today informs how we teach

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.043 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6806 CONGRESSIONAL RECORD — SENATE September 17, 2015 our children and helps us recognize the The ability to help her patients over- Court for the Middle District of Penn- potential that lies in all of us. They come some of the most challenging sylvania. He went on to become a dis- have helped usher in a new age of un- hurdles in their young lives serves as tinguished lawyer in Northeastern derstanding of human development and an inspiration to all entrepreneurs who Pennsylvania, admitted to practice law behavior. Our lives are the better for devote themselves to the well-being of by the Pennsylvania Supreme Court, it. I am proud to stand in recognition their customers. Congratulations to the Third Circuit Court of Appeals, and of their work.∑ Melanie Massey Physical Therapy and the U.S. District Court for the Middle f her team for being recognized as this District of Pennsylvania. He was a ∑ RECOGNIZING MELANIE MASSEY week’s Small Business of the Week. partner in the law firm of O’Malley, PHYSICAL THERAPY f Harris, Durkin, and Perry PC and the founder of the McGrath Law Offices in ∑ CONGRATULATING DENNIS AND Mr. VITTER. Mr. President, the folks Scranton. With his legal expertise, sig- RUTH DITCH who commit their lives to nursing peo- nificant experience and sound judge- ple back to health provide tremendous ∑ Mr. ENZI. Mr. President, I wish to ment, Harry was an ideal person to benefit to their communities. Whether offer my congratulations to Dennis and serve as the chairman of my Judicial it is physical or speech therapy, pro- Ruth Ditch as they celebrate their 50th Selection for the Middle District of viding community members with hope wedding anniversary on September 25. Pennsylvania. during a difficult time is a noble act, Dennis and Ruth are the parents of In addition to his work as a lawyer, and one that is greatly appreciated, es- David Ditch, one of my staffers on the Harry was also a strong advocate for pecially when those community mem- Budget Committee. They are also the Pennsylvania’s children, as the solic- bers are children. This week’s Small parents of three daughters, Lori, Lynn, itor for more than 30 years for the Business of the Week employs folks and Barbara, and have two grand- who provide therapy sessions to adults Scranton School District, representing children, Lana and Ginger. students, parents, teachers, and admin- and children alike. I would like to rec- Dennis and Ruth Ditch both grew up ognize Melanie Massey Physical Ther- istrators in matters of education and in western New York, and their five apy as Small Business of the Week for employment. He was passionate about decades together demonstrate the best their commitment to providing excep- his work on behalf of children with qualities of a married couple. They tional health and therapy services to learning disabilities and other school- have supported one another in raising children in Monroe, West Monroe, aged children in need. He was an early four children, moved cross country Ruston, and Shreveport, LA. and strong supporter of the new Scran- Louisiana native Melanie Massey twice for work opportunities prior to ton High School Project and a past began her career as a physical thera- settling in Bloomfield, NY, and spent member of the Board of Directors of pist upon graduating from Louisiana 25 years operating a small business the Friendship House, an organization State University School of Allied they started together. Their commit- that provides quality programs and Health Sciences in 1993. Shortly after ment to one another never wavered services designated to enhance the graduation, Melanie began working at even during the trying period when well-being of children and families in LSU Medical Center in 1994, spending Ruth underwent chemotherapy to over- his community. the majority of her time tending to come an aggressive form of lymphoma. As much as public service and advo- wound and burn victims. However, she In recent years, they have become lead- cacy defined his career, politics was in soon realized pediatric care was her ers for Gideons International in their Harry’s blood. Named after his grand- passion. In 1995 with only 2 years of area. father, the late Harry P. O’Neill, a U.S. physical therapy experience, Melanie As successful parents, entrepreneurs, Representative in the 1950s, Harry opened her own practice. Under the and active members of their commu- McGrath worked hard to elect can- motto ‘‘Joyfully use your gifts to nity, Dennis and Ruth Ditch exemplify didates to public office, candidates in brighten the lives of others,’’ Melanie the values that make America great, whom he believed. He served as Lacka- began spending one-on-one time with whether in my home State of Wyoming wanna County Democratic Party chair- her young patients, developing unique or in New York. I give them my best man and volunteered his time, talent, relationships with her clients and wishes for the future.∑ and energy to countless campaigns building a strong reputation attractive f throughout his life. to patients and parents seeking top- REMEMBERING HARRY MCGRATH Despite his numerous accomplish- notch therapy centers for their chil- ment, the most important legacy ∑ dren. As her clientele grew, so did her Mr. CASEY. Mr. President, I wish to Harry leaves behind is his family. My staff. Melanie has hired over 20 thera- pay tribute to Mr. Harry P. McGrath, thoughts and prayers are with his wife pists and opened three more centers Sr., a Pennsylvanian and a close friend. of 33 years, Joell; their four children, across north Louisiana within a few Harry passed away unexpectedly on Harry, Bob, Betsey, and Joe; his broth- years of opening her business. Pedi- September 7, 2015. ers and sisters; all of his nieces and atric patients enjoy a multitude of Harry devoted his life to his family nephews; and his many friends. I pray events hosted by Melanie’s clinics, and to public service and advocacy. that God will give them strength and such as boy’s and girl’s movie night Following his graduation from Dun- that Harry’s life of family, faith, and and a summer camp that specializes in more High School, where he was an service will continue to inspire them in teaching handwriting, friendship build- outstanding student and athlete, and the years ahead.∑ Kutztown University, he worked as a ing, and sensory integration. Today, f the Melanie Massey Therapy team con- Special Agent in the U.S. Secret Serv- sists of full-time physical therapists, ice. During the 1980s he protected MESSAGE FROM THE HOUSE occupational therapists, and speech President Ronald Reagan and Vice At 12:32 p.m., a message from the therapists, as well as a full billing de- President George H.W. Bush, earning House of Representatives, delivered by partment that allows patients to re- commendations for his work in Gre- Mrs. Cole, one of its reading clerks, an- ceive the necessary care upon arrival nada and the Khyber Pass. By the time nounced that the House agrees to the worry free. he left the Secret Service to attend law amendment of the Senate to the bill Melanie Massey Physical Therapy school, he had earned special achieve- (H.R. 23) to reauthorize the National maintains a hopeful spirit and high-en- ment and performance awards for his Windstorm Impact Reduction Program, ergy staff that continuously motivates significant contributions to the agen- and for other purposes. their patients in reaching their recov- cy’s efficient operation. The message also announced that the ery goals. Furthermore, Melanie en- After graduating cum laude from the House has passed the following bills, courages her staff to continue their Widener University School of Law, without amendment: education while employed in her phys- where he was a member of the Law Re- S. 230. An act to provide for the convey- ical therapy centers, ensuring her staff view, Harry continued his work in pub- ance of certain property to the Yukon can be among the most highly trained lic service as a law clerk for Judge Wil- Kuskokwim Health Corporation located in therapists in north Louisiana. liam J. Nealon in the U.S. District Bethel, Alaska.

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.034 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6807 S. 501. An act to make technical correc- White River National Forest in the State of Area, Off-Road Motor Vehicles’’ (RIN1024– tions to the Navajo water rights settlement Colorado, and for other purposes; to the AD86) received in the Office of the President in the State of New Mexico, and for other Committee on Energy and Natural Re- of the Senate on September 9, 2015; to the purposes. sources. Committee on Energy and Natural Re- The message further announced that H.R. 1949. An act to provide for the consid- sources. EC–2923. A communication from the Dep- the House has passed the following eration and submission of site and design proposals for the National Liberty Memorial uty Director, Office of Surface Mining Rec- bills, in which it requests the concur- approved for establishment in the District of lamation and Enforcement, Department of rence of the Senate: Columbia; to the Committee on Energy and the Interior, transmitting, pursuant to law, H.R. 487. An act to allow the Miami Tribe Natural Resources. the report of a rule entitled ‘‘Pennsylvania of Oklahoma to lease or transfer certain H.R. 2223. An act to authorize, direct, expe- Regulatory Program’’ ((SATS No. PA–159– lands. dite, and facilitate a land exchange in El FOR) (Docket No. OSM–2010–0017)) received H.R. 959. An act to authorize the Secretary Paso and Teller Counties, Colorado, and for in the Office of the President of the Senate of the Interior to conduct a special resource other purposes; to the Committee on Energy on September 10, 2015; to the Committee on study of the Medgar Evers House, located in and Natural Resources. Energy and Natural Resources. EC–2924. A communication from the Direc- Jackson, Mississippi, and for other purposes. f H.R. 1214. An act to amend the Small tor of the Regulatory Management Division, Tracts Act to expand the authority of the EXECUTIVE AND OTHER Environmental Protection Agency, transmit- Secretary of Agriculture to sell or exchange COMMUNICATIONS ting, pursuant to law, the report of a rule en- small parcels of National Forest System land titled ‘‘Approval and Promulgation of Air to enhance the management of the National The following communications were Quality Implementation Plans; State of Kan- Forest System, to resolve minor encroach- laid before the Senate, together with sas Regional Haze State Implementation Plan Revision and 2014 Five-Year Progress ments, and for other purposes. accompanying papers, reports, and doc- Report’’ (FRL No. 9933–84–Region 7) received H.R. 1289. An act to authorize the Sec- uments, and were referred as indicated: in the Office of the President of the Senate retary of the Interior to acquire approxi- EC–2915. A communication from the Assist- on September 10, 2015; to the Committee on mately 44 acres of land in Martinez, Cali- ant Secretary of Defense (Manpower and Re- Environment and Public Works. fornia, and for other purposes. serve Affairs), transmitting, pursuant to law, EC–2925. A communication from the Direc- H.R. 1554. An act to require a land convey- notification of the Department’s intent to tor of the Regulatory Management Division, ance involving the Elkhorn Ranch and the close the Defense commissary store at Sugar Environmental Protection Agency, transmit- White River National Forest in the State of Grove, West Virginia; to the Committee on ting, pursuant to law, the report of a rule en- Colorado, and for other purposes. Armed Services. titled ‘‘Approval and Promulgation of Air H.R. 1949. An act to provide for the consid- EC–2916. A communication from the Assist- Quality Implementation Plans; State of Mis- eration and submission of site and design ant Director, Senior Executive Management souri; Control of NOX Emissions From Large proposals for the National Liberty Memorial Office, Department of Defense, transmitting, Stationary Internal Combustion Engines’’ approved for establishment in the District of pursuant to law, a report relative to a va- (FRL No. 9934–00–Region 7) received in the Columbia. cancy in the position of Assistant Secretary Office of the President of the Senate on Sep- H.R. 2223. An act to authorize, direct, expe- of Defense (International Security Affairs), tember 10, 2015; to the Committee on Envi- dite, and facilitate a land exchange in El Department of Defense, received in the Of- ronment and Public Works. Paso and Teller Counties, Colorado, and for fice of the President of the Senate on Sep- EC–2926. A communication from the Direc- other purposes. tember 10, 2015; to the Committee on Armed tor of the Regulatory Management Division, H.R. 2791. An act to require that certain Services. Environmental Protection Agency, transmit- Federal lands be held in trust by the United EC–2917. A communication from the Acting ting, pursuant to law, the report of a rule en- States for the benefit of certain Indian tribes Under Secretary of Defense (Personnel and titled ‘‘Louisiana: Final Authorization of in Oregon, and for other purposes. Readiness), transmitting the report of two State Hazardous Waste Management Pro- ENROLLED BILL SIGNED (2) officers authorized to wear the insignia of gram Revision’’ (FRL No. 9933–79–Region 6) The President pro tempore (Mr. the grade of rear admiral (lower half) in ac- received in the Office of the President of the cordance with title 10, United States Code, Senate on September 10, 2015; to the Com- HATCH) announced that on today, Sep- mittee on Environment and Public Works. tember 17, 2015, he had signed the fol- section 777; to the Committee on Armed Services. EC–2927. A communication from the Direc- lowing enrolled bill, previously signed EC–2918. A communication from the Acting tor of the Regulatory Management Division, by the Speaker of the House: Under Secretary of Defense (Personnel and Environmental Protection Agency, transmit- H.R. 720. An act to improve intergovern- Readiness), transmitting the report of ten ting, pursuant to law, the report of a rule en- mental planning for and communication dur- (10) officers authorized to wear the insignia titled ‘‘National Emission Standards for Haz- ing security incidents at domestic airports, of the grade of brigadier general in accord- ardous Air Pollutants for the Portland Ce- and for other purposes. ance with title 10, United States Code, sec- ment Manufacturing Industry and Standards of Performance for Portland Cement Plants; f tion 777; to the Committee on Armed Serv- ices. Correction’’ ((RIN2060–AQ93) (FRL No. 9933– MEASURES REFERRED EC–2919. A communication from the Under 76–OAR)) received during adjournment of the Secretary of Defense (Acquisition, Tech- Senate in the Office of the President of the The following bills were read the first Senate on September 11, 2015; to the Com- nology and Logistics), transmitting, pursu- mittee on Environment and Public Works. and the second times by unanimous ant to law, the quarterly exception Selected consent, and referred as indicated: EC–2928. A communication from the Direc- Acquisition Reports (SARs) as of June 30, tor of the Regulatory Management Division, H.R. 487. An act to allow the Miami Tribe 2015 (OSS–2015–1410); to the Committee on Environmental Protection Agency, transmit- of Oklahoma to lease or transfer certain Armed Services. ting, pursuant to law, the report of a rule en- lands; to the Committee on Indian Affairs. EC–2920. A communication from the Sec- titled ‘‘Approval and Promulgation of Air H.R. 959. An act to authorize the Secretary retary of the Treasury, transmitting, pursu- Quality Implementation Plans; New Hamp- of the Interior to conduct a special resource ant to law, a six-month periodic report on shire; Nonattainment New Source Review study of the Medgar Evers House, located in the national emergency with respect to Ven- and Prevention of Significant Deterioration Jackson, Mississippi, and for other purposes; ezuela that was originally declared in Execu- Program’’ (FRL No. 9933–92–Region 1) re- to the Committee on Energy and Natural Re- tive Order 13692 of March 8, 2015; to the Com- ceived during adjournment of the Senate in sources. mittee on Banking, Housing, and Urban Af- the Office of the President of the Senate on H.R. 1214. An act to amend the Small fairs. September 11, 2015; to the Committee on En- Tracts Act to expand the authority of the EC–2921. A copy of a complaint as required vironment and Public Works. Secretary of Agriculture to sell or exchange by section 403(a)(2) of the Bipartisan Cam- EC–2929. A communication from the Direc- small parcels of National Forest System land paign Reform Act of 2002 relative to the case tor of the Regulatory Management Division, to enhance the management of the National of Republican Party of Louisiana, Jefferson Environmental Protection Agency, transmit- Forest System, to resolve minor encroach- Parish Republican Parish Executive Com- ting, pursuant to law, the report of a rule en- ments, and for other purposes; to the Com- mittee, and Orleans Parish Republican Exec- titled ‘‘Carbon Pollution Emission Guide- mittee on Agriculture, Nutrition, and For- utive Committee v. FEC; to the Committee lines for Existing Stationary Sources: Elec- estry. on Rules and Administration. tric Utility Generating Units’’ ((RIN2060– H.R. 1289. An act to authorize the Sec- EC–2922. A communication from the Dep- AR33) (FRL No. 9930–65–OAR)) received dur- retary of the Interior to acquire approxi- uty Assistant Secretary for Fish and Wildlife ing adjournment of the Senate in the Office mately 44 acres of land in Martinez, Cali- and Parks, National Park Service, Depart- of the President of the Senate on September fornia, and for other purposes; to the Com- ment of the Interior, transmitting, pursuant 11, 2015; to the Committee on Environment mittee on Energy and Natural Resources. to law, the report of a rule entitled ‘‘Special and Public Works. H.R. 1554. An act to require a land convey- Regulations, Areas of the National Park Sys- EC–2930. A communication from the Direc- ance involving the Elkhorn Ranch and the tem, Lake Meredith National Recreation tor of the Regulatory Management Division,

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.004 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6808 CONGRESSIONAL RECORD — SENATE September 17, 2015 Environmental Protection Agency, transmit- tember 15, 2015; to the Committee on Fi- ‘‘Fisheries Off West Coast States; Modifica- ting, pursuant to law, the report of a rule en- nance. tions of the West Coast Commercial Salmon titled ‘‘Standards of Performance for Green- EC–2939. A communication from the Acting Fisheries; Inseason Actions No. 7 Through house Gas Emissions from New, Modified, Assistant Secretary, Bureau of Political- No. 13’’ (RIN0648–XE020) received in the Of- and Reconstructed Stationary Sources: Elec- Military Affairs, Department of State, trans- fice of the President of the Senate on Sep- tric Generating Units’’ ((RIN2060–AQ91) (FRL mitting, pursuant to law, an addendum to a tember 10, 2015; to the Committee on Com- No. 9930–66–OAR)) received during adjourn- certification of the proposed sale or export of merce, Science, and Transportation. ment of the Senate in the Office of the Presi- defense articles and/or defense services to a EC–2951. A communication from the Acting dent of the Senate on September 11, 2015; to Middle East country (OSS–2015–1478); to the Director, Office of Sustainable Fisheries, De- the Committee on Environment and Public Committee on Foreign Relations. partment of Commerce, transmitting, pursu- Works. EC–2940. A communication from the Assist- ant to law, the report of a rule entitled EC–2931. A communication from the Certi- ant Secretary, Bureau of Political-Military ‘‘Fisheries Off West Coast States; Modifica- fying Officer, Bureau of the Fiscal Service, Affairs, Department of State, transmitting, tions of the West Coast Commercial Salmon Department of the Treasury, transmitting, pursuant to law, an addendum to a certifi- Fisheries; Inseason Actions No. 14 and No. pursuant to law, the report of a rule entitled cation of the proposed sale or export of de- 15’’ (RIN0648–XE054) received in the Office of ‘‘Offset of Tax Refund Payments to Collect fense articles and/or defense services to a the President of the Senate on September 10, Certain Debts Owed to States’’ ((RIN1530– Middle East country (OSS–2015–1479); to the 2015; to the Committee on Commerce, AA02) (31 CFR Part 285.8)) received in the Of- Committee on Foreign Relations. Science, and Transportation. fice of the President of the Senate on Sep- EC–2941. A communication from the Acting EC–2952. A communication from the Acting tember 15, 2015; to the Committee on Fi- Assistant Secretary, Legislative Affairs, De- Director, Office of Sustainable Fisheries, De- nance. partment of State, transmitting, pursuant to partment of Commerce, transmitting, pursu- EC–2932. A communication from the Chief law, a report relative to revoking the des- ant to law, the report of a rule entitled of the Publications and Regulations Branch, ignation of a group designated as a Foreign ‘‘Fisheries of the Caribbean, Gulf of Mexico, Internal Revenue Service, Department of the Terrorist Organization (OSS–2015–1480); to and South Atlantic; 2015 Commercial Ac- Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. countability Measure and Closure for Gulf of report of a rule entitled ‘‘Procedures for Re- EC–2942. A communication from the Assist- Mexico Greater Amberjack’’ (RIN0648–XE028) questing a Waiver of the Electronic Filing ant Secretary, Legislative Affairs, Depart- received in the Office of the President of the Requirements for Form 8955-SSA and Form ment of State, transmitting, pursuant to Senate on September 10, 2015; to the Com- 5500-EZ’’ (Rev. Proc. 2015–47) received in the law, a report relative to sections 36(c) and mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Sep- 36(d) of the Arms Export Control Act (DDTC tation. tember 15, 2015; to the Committee on Fi- 15–091); to the Committee on Foreign Rela- EC–2953. A communication from the Acting nance. tions. Director, Office of Sustainable Fisheries, De- EC–2933. A communication from the Chief EC–2943. A communication from the Assist- partment of Commerce, transmitting, pursu- of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- ant to law, the report of a rule entitled Internal Revenue Service, Department of the ment of State, transmitting, pursuant to ‘‘Fisheries of the Northeastern United Treasury, transmitting, pursuant to law, the law, a report relative to sections 36(c) and States; Northeast Multispecies Fishery; Pos- report of a rule entitled ‘‘Clarification of the 36(d) of the Arms Export Control Act (DDTC session Limit Adjustments for the Common Coordination of the Transfer Pricing Rules 15–022); to the Committee on Foreign Rela- Pool Fishery’’ (RIN0648–XD984) received in with Other Code Provisions’’ ((RIN1545– tions. the Office of the President of the Senate on BM72) (TD 9738)) received in the Office of the EC–2944. A communication from the Board September 10, 2015; to the Committee on President of the Senate on September 15, Members, Railroad Retirement Board, trans- Commerce, Science, and Transportation. 2015; to the Committee on Finance. mitting, pursuant to law, a report relative to EC–2954. A communication from the Dep- EC–2934. A communication from the Chief the Board’s budget request for fiscal year uty Assistant Administrator for Regulatory of the Publications and Regulations Branch, 2017; to the Committee on Health, Education, Programs, Office of Sustainable Fisheries, Internal Revenue Service, Department of the Labor, and Pensions. Department of Commerce, transmitting, pur- Treasury, transmitting, pursuant to law, the EC–2945. A communication from the In- suant to law, the report of a rule entitled report of a rule entitled ‘‘No-Rule on Certain spector General, Railroad Retirement Board, ‘‘International Fisheries; Western and Cen- Section 355 Transaction’’ (Rev. Proc. 2015–43) transmitting, pursuant to law, a report rel- tral Pacific Fisheries for Highly Migratory received in the Office of the President of the ative to the Office of Inspector General’s Species; Fishing Effort Limits in Purse Senate on September 15, 2015; to the Com- budget request for fiscal year 2017; to the Seine Fisheries for 2015’’ (RIN0648–BF03) re- mittee on Finance. Committee on Homeland Security and Gov- ceived in the Office of the President of the EC–2935. A communication from the Chief ernmental Affairs. Senate on September 10, 2015; to the Com- of the Publications and Regulations Branch, EC–2946. A communication from the Chair- mittee on Commerce, Science, and Transpor- Internal Revenue Service, Department of the man of the Council of the District of Colum- tation. Treasury, transmitting, pursuant to law, the bia, transmitting, pursuant to law, a report EC–2955. A communication from the Dep- report of a rule entitled ‘‘Revenue Procedure on D.C. Act 21–148, ‘‘Fiscal Year 2016 Budget uty Assistant Administrator for Regulatory Applying the Controlled Group Rules to Cer- Support Act of 2015’’; to the Committee on Programs, Office of Sustainable Fisheries, tain Fund of Funds’’ (Rev. Proc. 2015–45) re- Homeland Security and Governmental Af- Department of Commerce, transmitting, pur- ceived in the Office of the President of the fairs. suant to law, the report of a rule entitled Senate on September 15, 2015; to the Com- EC–2947. A communication from the Rail- ‘‘International Fisheries; Western and Cen- mittee on Finance. road Retirement Board, transmitting, pursu- tral Pacific Fisheries for Highly Migratory EC–2936. A communication from the Chief ant to law, the Board’s 2015 Annual Report Species; Purse Seine Fishing Restrictions of the Publications and Regulations Branch, for fiscal year 2014; to the Committee on During Closure Periods’’ (RIN0648–BF23) re- Internal Revenue Service, Department of the Health, Education, Labor, and Pensions. ceived in the Office of the President of the Treasury, transmitting, pursuant to law, the EC–2948. A communication from the Chief Senate on September 10, 2015; to the Com- report of a rule entitled ‘‘Companion Notice Impact Analyst, Veterans Health Adminis- mittee on Commerce, Science, and Transpor- to Rev. Proc. 2015–43 Announcing Issues tration, Department of Veterans Affairs, tation. Under Study and Requesting Comments’’ transmitting, pursuant to law, the report of EC–2956. A communication from the Dep- (Notice 2015–59) received in the Office of the a rule entitled ‘‘Copayments for Medications uty Assistant Administrator for Regulatory President of the Senate on September 15, in 2015’’ (RIN2900–AP15) received during ad- Programs, National Marine Fisheries Serv- 2015; to the Committee on Finance. journment of the Senate in the Office of the ice, Department of Commerce, transmitting, EC–2937. A communication from the Chief President of the Senate on September 14, pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, 2015; to the Committee on Veterans’ Affairs. ‘‘Atlantic Highly Migratory Species; Large Internal Revenue Service, Department of the EC–2949. A communication from the Attor- Coastal and Small Coastal Atlantic Shark Treasury, transmitting, pursuant to law, the ney-Advisor, U.S. Coast Guard, Department Management Measures; Final Rule’’ report of a rule entitled ‘‘Controlled Group of Homeland Security, transmitting, pursu- (RIN0648–BA17) received in the Office of the Regulation Examples’’ ((RIN1545–BK96) (TD ant to law, the report of a rule entitled President of the Senate on September 10, 9737)) received in the Office of the President ‘‘Safety Zones; Cleveland Dragon Boat Fes- 2015; to the Committee on Commerce, of the Senate on September 15, 2015; to the tival and Head of the Cuyahoga, Cuyahoga Science, and Transportation. Committee on Finance. River, Cleveland, OH’’ ((RIN1625–AA00) EC–2957. A communication from the Dep- EC–2938. A communication from the Chief (Docket No. USCG–2014–0082)) received in the uty Assistant Administrator for Regulatory of the Publications and Regulations Branch, Office of the President of the Senate on Sep- Programs, Office of Sustainable Fisheries, Internal Revenue Service, Department of the tember 10, 2015; to the Committee on Com- Department of Commerce, transmitting, pur- Treasury, transmitting, pursuant to law, the merce, Science, and Transportation. suant to law, the report of a rule entitled report of a rule entitled ‘‘Determination of EC–2950. A communication from the Acting ‘‘Magnuson-Stevens Fishery Conservation Minimum Required Pension Contributions’’ Director, Office of Sustainable Fisheries, De- and Management Act Provisions; Fisheries ((RIN1545–BH71) (TD 9732)) received in the Of- partment of Commerce, transmitting, pursu- of the Northeastern United States; Omnibus fice of the President of the Senate on Sep- ant to law, the report of a rule entitled Amendment to Simplify Vessel Baselines’’

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.007 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6809 (RIN0648–BB40) received in the Office of the By Ms. MURKOWSKI: S. 2058. A bill to require the Secretary of President of the Senate on September 10, S. 2046. A bill to authorize the Federal En- Commerce to maintain and operate at least 2015; to the Committee on Commerce, ergy Regulatory Commission to issue an one Doppler weather radar site within 55 Science, and Transportation. order continuing a stay of a hydroelectric li- miles of each city in the United States that EC–2958. A communication from the Dep- cense for the Mahoney Lake hydroelectric has a population of more than 700,000 individ- uty Assistant Administrator, Office of Sus- project in the State of Alaska, and for other uals, and for other purposes; to the Com- tainable Fisheries, Department of Com- purposes; to the Committee on Energy and mittee on Commerce, Science, and Transpor- merce, transmitting, pursuant to law, the re- Natural Resources. tation. port of a rule entitled ‘‘Fisheries of the Car- By Ms. AYOTTE: By Ms. COLLINS (for herself and Mr. ibbean, Gulf of Mexico, and South Atlantic; S. 2047. A bill to terminate the independent CARDIN): Coral, Coral Reefs, and Live/Hard Bottom third-party program for sectors of the North- S. 2059. A bill to amend the Internal Rev- Habitats of the South Atlantic Region; east Multispecies Fishery unless the pro- enue Code of 1986 to exclude from gross in- Amendment 8; Correction’’ (RIN0648–BD81) gram is fully funded by the National Oceanic come amounts received on account of claims received in the Office of the President of the and Atmospheric Administration and for based on certain unlawful discrimination and Senate on September 9, 2015; to the Com- other purposes; to the Committee on Com- to allow income averaging for backpay and mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. frontpay awards received on account of such tation. By Ms. HIRONO (for herself and Mr. claims, and for other purposes; to the Com- BOOZMAN): mittee on Finance. f S. 2048. A bill to amend title 38, United By Ms. MURKOWSKI: REPORTS OF COMMITTEES States Code, to extend authorities relating S. 2060. A bill to amend the Public Health to homeless veterans, and for other purposes; Service Act to reauthorize and extend the The following reports of committees to the Committee on Veterans’ Affairs. Fetal Alcohol Syndrome prevention and were submitted: By Mr. BROWN: services program, and for other purposes; to By Mr. JOHNSON, from the Committee on S. 2049. A bill to establish in the Depart- the Committee on Health, Education, Labor, Homeland Security and Governmental Af- ment of Veterans Affairs a continuing med- and Pensions. fairs, without amendment: ical education program for non-Department By Mrs. ERNST (for herself, Mr. ALEX- S. 1170. A bill to amend title 39, United medical professionals who treat veterans and ANDER, Mr. BARRASSO, Mr. BLUNT, States Code, to extend the authority of the family members of veterans to increase Mr. BOOZMAN, Mr. BURR, Mrs. CAPITO, United States Postal Service to issue a knowledge and recognition of medical condi- Mr. COATS, Mr. COCHRAN, Mr. COR- semipostal to raise funds for breast cancer tions common to veterans and family mem- NYN, Mr. COTTON, Mr. CRAPO, Mr. research, and for other purposes (Rept. No. bers of veterans, and for other purposes; to CRUZ, Mr. DAINES, Mr. ENZI, Mrs. 114–144). the Committee on Veterans’ Affairs. FISCHER, Mr. FLAKE, Mr. GARDNER, By Mr. ROBERTS, from the Committee on By Ms. HEITKAMP: Mr. GRAHAM, Mr. GRASSLEY, Mr. Agriculture, Nutrition, and Forestry, with S. 2050. A bill to provide for the establish- HATCH, Mr. HELLER, Mr. HOEVEN, Mr. an amendment in the nature of a substitute: ment of a mechanism to allow borrowers of ISAKSON, Mr. JOHNSON, Mr. H.R. 2051. A bill to amend the Agricultural private education loans to refinance their LANKFORD, Mr. LEE, Mr. MCCAIN, Mr. Marketing Act of 1946 to extend the live- loans, and for other purposes; to the Com- MORAN, Ms. MURKOWSKI, Mr. PAUL, stock mandatory price reporting require- mittee on Health, Education, Labor, and Mr. PERDUE, Mr. RISCH, Mr. ROBERTS, ments, and for other purposes. Pensions. Mr. ROUNDS, Mr. RUBIO, Mr. SASSE, By Mr. GRASSLEY, from the Committee By Mr. CARPER: Mr. SCOTT, Mr. SESSIONS, Mr. on the Judiciary, without amendment: S. 2051. A bill to improve, sustain, and SHELBY, Mr. THUNE, Mr. TILLIS, Mr. S. 32. A bill to provide the Department of transform the United States Postal Service; TOOMEY, Mr. VITTER, Mr. WICKER, Mr. Justice with additional tools to target to the Committee on Homeland Security and SULLIVAN, and Mr. MCCONNELL): S.J. Res. 22. A joint resolution providing extraterritorial drug trafficking activity, Governmental Affairs. for congressional disapproval under chapter 8 and for other purposes. By Ms. KLOBUCHAR (for herself and Mr. FRANKEN): of title 5, United States Code, of the rule f S. 2052. A bill to amend title 38, United submitted by the Corps of Engineers and the States Code, to authorize the Secretary of Environmental Protection Agency relating EXECUTIVE REPORTS OF Veterans Affairs to waive the requirement of to the definition of ‘‘waters of the United COMMITTEE certain veterans to make copayments for States’’ under the Federal Water Pollution The following executive reports of hospital care and medical services in the Control Act; to the Committee on Environ- nominations were submitted: case of an error by the Department of Vet- ment and Public Works. erans Affairs, and for other purposes; to the f By Mr. GRASSLEY for the Committee on Committee on Veterans’ Affairs. the Judiciary. By Mr. VITTER (for himself, Ms. BALD- SUBMISSION OF CONCURRENT AND Wilhelmina Marie Wright, of Minnesota, to WIN, and Mr. KAINE): SENATE RESOLUTIONS be United States District Judge for the Dis- S. 2053. A bill to require the Secretary of The following concurrent resolutions trict of Minnesota. Energy to award grants to expand programs John Michael Vazquez, of New Jersey, to in maritime and energy workforce technical and Senate resolutions were read, and be United States District Judge for the Dis- training, and for other purposes; to the Com- referred (or acted upon), as indicated: trict of New Jersey. mittee on Energy and Natural Resources. By Ms. COLLINS (for herself, Ms. MI- Paula Xinis, of Maryland, to be United By Mr. SANDERS: KULSKI, Ms. AYOTTE, Ms. BALDWIN, States District Judge for the District of S. 2054. A bill to improve Federal sen- Mrs. BOXER, Mrs. CAPITO, Mrs. ERNST, Maryland. tencing and corrections practices, and for Mrs. FEINSTEIN, Mrs. FISCHER, Mrs. (Nominations without an asterisk other purposes; to the Committee on the Ju- GILLIBRAND, Ms. HEITKAMP, Ms. were reported with the recommenda- diciary. HIRONO, Mrs. MCCASKILL, Ms. MUR- tion that they be confirmed.) By Mr. BURR (for himself and Mr. KOWSKI, Mrs. MURRAY, Mrs. SHAHEEN, CASEY): Ms. STABENOW, Ms. WARREN, Mr. f S. 2055. A bill to amend the Public Health PERDUE, Mr. MURPHY, Mr. KIRK, Mr. Service Act and the Federal Food, Drug, and TESTER, Mr. FLAKE, Mr. REED, Mr. INTRODUCTION OF BILLS AND Cosmetic Act with respect to national health DONNELLY, Mr. GRASSLEY, Mr. JOINT RESOLUTIONS security; to the Committee on Health, Edu- BLUMENTHAL, Mr. ISAKSON, Mr. WAR- The following bills and joint resolu- cation, Labor, and Pensions. NER, Mr. LEAHY, Mr. FRANKEN, Ms. tions were introduced, read the first By Ms. MURKOWSKI (for herself and CANTWELL, Mr. RUBIO, Mr. HEINRICH, and second times by unanimous con- Ms. CANTWELL): Ms. KLOBUCHAR, Mr. COONS, Mr. S. 2056. A bill to provide for the establish- THUNE, Mr. MERKLEY, and Mr. GARD- sent, and referred as indicated: ment of the National Volcano Early Warning NER): By Mr. HELLER (for himself, Mr. HEIN- and Monitoring System; to the Committee S. Res. 257. A resolution congratulating RICH, Mr. HATCH, Mr. BARRASSO, Mr. on Energy and Natural Resources. Captain Kristen Griest and First Lieutenant BLUNT, Mr. CRAPO, Mr. ROBERTS, Mr. By Mr. BOOZMAN (for himself, Mr. Shaye Haver on their graduation from Rang- BURR, Mr. SCOTT, Ms. AYOTTE, Ms. LEAHY, and Mr. PERDUE): er School; to the Committee on Armed Serv- MURKOWSKI, Mr. INHOFE, Mr. BOOZ- S. 2057. A bill providing for additional ices. MAN, Ms. COLLINS, Mr. LANKFORD, and space for the protection and preservation of By Mrs. MURRAY (for herself, Mr. Mr. SULLIVAN): national collections held by the Smithsonian ALEXANDER, Ms. MIKULSKI, Ms. COL- S. 2045. A bill to amend the Internal Rev- Institution; to the Committee on Rules and LINS, Mr. REED, Mr. DONNELLY, and enue Code of 1986 to repeal the excise tax on Administration. Mr. PETERS): high cost employer-sponsored health cov- By Mr. BURR (for himself and Mr. S. Res. 258. A resolution designating the erage; to the Committee on Finance. TILLIS): week of September 20 through 26, 2015, as

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.009 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6810 CONGRESSIONAL RECORD — SENATE September 17, 2015 ‘‘National Adult Education and Family Lit- General to award grants to address the land (Mr. WHITEHOUSE) and the Senator eracy Week’’; to the Committee on the Judi- national epidemics of prescription from Wyoming (Mr. BARRASSO) were ciary. opioid abuse and heroin use. added as cosponsors of S. 1099, a bill to By Mrs. FEINSTEIN (for herself, Mrs. S. 563 amend the Patient Protection and Af- BOXER, Mr. WYDEN, Mr. MERKLEY, Mr. MCCAIN, Mr. GRASSLEY, Mr. At the request of Mr. MORAN, the fordable Care Act to provide States MCCONNELL, Mr. REID, Mr. ALEX- name of the Senator from Alaska (Mr. with flexibility in determining the size ANDER, Ms. AYOTTE, Ms. BALDWIN, SULLIVAN) was added as a cosponsor of of employers in the small group mar- Mr. BARRASSO, Mr. BENNET, Mr. S. 563, a bill to amend title 38, United ket. BLUMENTHAL, Mr. BLUNT, Mr. BOOK- States Code, to establish the Physician S. 1212 ER, Mr. BOOZMAN, Mr. BROWN, Mr. Ambassadors Helping Veterans pro- At the request of Mr. CARDIN, the BURR, Ms. CANTWELL, Mrs. CAPITO, gram to seek to employ physicians at Mr. CARDIN, Mr. CARPER, Mr. CASEY, name of the Senator from Montana the Department of Veterans Affairs on Mr. CASSIDY, Mr. COATS, Mr. COCH- (Mr. DAINES) was added as a cosponsor RAN, Ms. COLLINS, Mr. COONS, Mr. a without compensation basis in prac- of S. 1212, a bill to amend the Internal CORKER, Mr. CORNYN, Mr. COTTON, tice areas and specialties with staffing Revenue Code of 1986 and the Small Mr. CRAPO, Mr. CRUZ, Mr. DAINES, shortages and long appointment wait- Business Act to expand the availability Mr. DONNELLY, Mr. DURBIN, Mr. ENZI, ing times. of employee stock ownership plans in S Mrs. ERNST, Mrs. FISCHER, Mr. S. 571 corporations, and for other purposes. FLAKE, Mr. FRANKEN, Mr. GARDNER, At the request of Mr. INHOFE, the S. 1239 Mrs. GILLIBRAND, Mr. GRAHAM, Mr. names of the Senator from Arizona HATCH, Mr. HEINRICH, Ms. HEITKAMP, At the request of Mr. DONNELLY, the Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, (Mr. MCCAIN), the Senator from Indi- name of the Senator from South Da- Mr. INHOFE, Mr. ISAKSON, Mr. JOHN- ana (Mr. DONNELLY) and the Senator kota (Mr. ROUNDS) was added as a co- SON, Mr. KAINE, Mr. KING, Mr. KIRK, from Colorado (Mr. BENNET) were added sponsor of S. 1239, a bill to amend the Ms. KLOBUCHAR, Mr. LANKFORD, Mr. as cosponsors of S. 571, a bill to amend Clean Air Act with respect to the eth- LEAHY, Mr. LEE, Mr. MANCHIN, Mr. the Pilot’s Bill of Rights to facilitate anol waiver for the Reid vapor pressure MARKEY, Mrs. MCCASKILL, Mr. appeals and to apply to other certifi- limitations under that Act. MENENDEZ, Ms. MIKULSKI, Mr. cates issued by the Federal Aviation S. 1383 MORAN, Ms. MURKOWSKI, Mr. MURPHY, Administration, to require the revision Mrs. MURRAY, Mr. NELSON, Mr. PAUL, At the request of Mr. PERDUE, the of the third class medical certification Mr. PERDUE, Mr. PETERS, Mr. name of the Senator from Mississippi regulations issued by the Federal Avia- PORTMAN, Mr. REED, Mr. RISCH, Mr. (Mr. COCHRAN) was added as a cospon- tion Administration, and for other pur- ROBERTS, Mr. ROUNDS, Mr. RUBIO, Mr. sor of S. 1383, a bill to amend the Con- SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. poses. sumer Financial Protection Act of 2010 SCHUMER, Mr. SCOTT, Mr. SESSIONS, S. 865 to subject the Bureau of Consumer Fi- Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- At the request of Mr. TESTER, the nancial Protection to the regular ap- BENOW, Mr. SULLIVAN, Mr. TESTER, name of the Senator from Indiana (Mr. Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, propriations process, and for other pur- DONNELLY) was added as a cosponsor of Mr. UDALL, Mr. VITTER, Mr. WARNER, poses. Ms. WARREN, Mr. WHITEHOUSE, and S. 865, a bill to amend title 38, United S. 1387 Mr. WICKER): States Code, to improve the disability S. Res. 259. A resolution honoring the brav- compensation evaluation procedure of At the request of Mr. BROWN, the ery and heroism of those who selflessly pre- the Secretary of Veterans Affairs for name of the Senator from New Mexico vented a deadly terrorist attack and saved veterans with mental health conditions (Mr. HEINRICH) was added as a cospon- countless lives while aboard a passenger related to military sexual trauma, and sor of S. 1387, a bill to amend title XVI train bound from Amsterdam to Paris on Au- for other purposes. of the Social Security Act to update gust 21, 2015; considered and agreed to. eligibility for the supplemental secu- S. 901 rity income program, and for other f At the request of Mr. MORAN, the purposes. ADDITIONAL COSPONSORS name of the Senator from Connecticut (Mr. MURPHY) was added as a cosponsor S. 1512 S. 32 of S. 901, a bill to establish in the De- At the request of Mr. CASEY, the At the request of Mrs. FEINSTEIN, the partment of Veterans Affairs a na- name of the Senator from California name of the Senator from Delaware tional center for research on the diag- (Mrs. FEINSTEIN) was added as a co- (Mr. COONS) was added as a cosponsor nosis and treatment of health condi- sponsor of S. 1512, a bill to eliminate of S. 32, a bill to provide the Depart- tions of the descendants of veterans ex- discrimination and promote women’s ment of Justice with additional tools posed to toxic substances during serv- health and economic security by ensur- to target extraterritorial drug traf- ice in the Armed Forces that are re- ing reasonable workplace accommoda- ficking activity, and for other pur- lated to that exposure, to establish an tions for workers whose ability to per- poses. advisory board on such health condi- form the functions of a job are limited S. 258 tions, and for other purposes. by pregnancy, childbirth, or a related At the request of Mr. ROBERTS, the S. 928 medical condition. name of the Senator from Washington At the request of Mrs. GILLIBRAND, S. 1559 (Mrs. MURRAY) was added as a cospon- the names of the Senator from Wash- At the request of Ms. AYOTTE, the sor of S. 258, a bill to amend title XVIII ington (Mrs. MURRAY), the Senator names of the Senator from Maryland of the Social Security Act to remove from California (Mrs. BOXER) and the (Mr. CARDIN), the Senator from Wash- the 96-hour physician certification re- Senator from Michigan (Mr. PETERS) ington (Mrs. MURRAY) and the Senator quirement for inpatient critical access were added as cosponsors of S. 928, a from Connecticut (Mr. MURPHY) were hospital services. bill to reauthorize the World Trade added as cosponsors of S. 1559, a bill to S. 338 Center Health Program and the Sep- protect victims of domestic violence, At the request of Mr. BURR, the name tember 11th Victim Compensation sexual assault, stalking, and dating vi- of the Senator from Illinois (Mr. KIRK) Fund of 2001, and for other purposes. olence from emotional and psycho- was added as a cosponsor of S. 338, a S. 1056 logical trauma caused by acts of vio- bill to permanently reauthorize the At the request of Mr. CARDIN, the lence or threats of violence against Land and Water Conservation Fund. name of the Senator from Vermont their pets. S. 524 (Mr. SANDERS) was added as a cospon- S. 1598 At the request of Mr. WHITEHOUSE, sor of S. 1056, a bill to eliminate racial At the request of Mr. LEE, the name the names of the Senator from New profiling by law enforcement, and for of the Senator from Kansas (Mr. Jersey (Mr. MENENDEZ) and the Sen- other purposes. MORAN) was added as a cosponsor of S. ator from New Hampshire (Mrs. SHA- S. 1099 1598, a bill to prevent discriminatory HEEN) were added as cosponsors of S. At the request of Mr. SCOTT, the treatment of any person on the basis of 524, a bill to authorize the Attorney names of the Senator from Rhode Is- views held with respect to marriage.

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.013 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6811 S. 1631 that allow individuals with disabilities S. 2051. A bill to improve, sustain, At the request of Mr. SANDERS, the to be paid at subminimum wage rates. and transform the United States Postal name of the Senator from Rhode Island S. 2015 Service; to the Committee on Home- (Mr. REED) was added as a cosponsor of At the request of Mr. ALEXANDER, the land Security and Governmental Af- S. 1631, a bill to amend the Employee names of the Senator from West Vir- fairs. Retirement Income Security Act of ginia (Mrs. CAPITO), the Senator from Mr. CARPER. Mr. President, one of 1974 and the Internal Revenue Code of North Dakota (Mr. HOEVEN) and the the factors in creating a favorable en- 1986 to modify certain provisions relat- Senator from Nevada (Mr. HELLER) vironment for job creation and job ing to multiemployer pensions, and for were added as cosponsors of S. 2015, a preservation is, of all things, some- other purposes. bill to clarify the treatment of two or thing that has been around for 200 S. 1632 more employers as joint employers years to 225 years, and that is the U.S. At the request of Mr. INHOFE, his under the National Labor Relations Postal Service. Not many people think name was added as a cosponsor of S. Act. of the Postal Service as part of the en- 1632, a bill to require a regional strat- S. 2032 gine that helps drive our economy, but egy to address the threat posed by At the request of Mr. HOEVEN, the it is. Boko Haram. name of the Senator from South Da- There are 7 to 8 million jobs that flow directly from work directly in- S. 1867 kota (Mr. THUNE) was added as a co- sponsor of S. 2032, a bill to adopt the volved or indirectly involved with the At the request of Mr. SHELBY, the Postal Service—7 to 8 million jobs. For names of the Senator from Texas (Mr. bison as the national mammal of the United States. a number of years, the Postal Service CORNYN) and the Senator from Arkan- has been losing money. There are a lot S. 2042 sas (Mr. BOOZMAN) were added as co- of questions about whether they will be At the request of Mrs. MURRAY, the sponsors of S. 1867, a bill to protect able to make it, whether they will be names of the Senator from Ohio (Mr. children from exploitation by pro- able to survive, whether they are going BROWN), the Senator from Vermont viding advance notice of intended trav- to contribute or simply fold up and go (Mr. SANDERS) and the Senator from el by registered sex offenders outside away. the United States to the government of Massachusetts (Mr. MARKEY) were So I would note that another priority the country of destination, requesting added as cosponsors of S. 2042, a bill to of mine for years has been postal re- foreign governments to notify the amend the National Labor Relations form. My dance partner on this for a Act to strengthen protections for em- United States when a known sex of- number of years was Senator SUSAN ployees wishing to advocate for im- fender is seeking to enter the United COLLINS, a Republican and a very capa- States, and for other purposes. proved wages, hours, or other terms or ble leader, and for the last several S. 1890 conditions of employment and to pro- years Tom Coburn, a Republican from At the request of Mr. HATCH, the vide for stronger remedies for inter- Oklahoma—Dr. Coburn—who retired at name of the Senator from Connecticut ference with these rights, and for other the end of last year. We have worked (Mr. BLUMENTHAL) was added as a co- purposes. with a lot of folks—Democrats and Re- sponsor of S. 1890, a bill to amend chap- S. RES. 143 publicans in the House and Senate—in ter 90 of title 18, United States Code, to At the request of Mr. MENENDEZ, his the last couple of years to try to find a provide Federal jurisdiction for the name was added as a cosponsor of S. way not just to make the Postal Serv- theft of trade secrets, and for other Res. 143, a resolution supporting efforts ice relevant but to enable them to be purposes. to ensure that students have access to successful. And one of our real chal- S. 1911 debt-free higher education. lenges has been how to take a 200-plus- At the request of Mrs. MURRAY, her S. RES. 217 year-old network—a legacy delivery name was added as a cosponsor of S. At the request of Mr. BLUMENTHAL, network that goes to every mailbox in 1911, a bill to implement policies to end the names of the Senator from Con- this country, business or residential— preventable maternal, newborn, and necticut (Mr. MURPHY) and the Senator and enable them to make money in a child deaths globally. from New Mexico (Mr. HEINRICH) were digital age in the 21st century. added as cosponsors of S. Res. 217, a S. 1945 A lot of us are buying stuff dif- resolution designating October 8, 2015, ferently than we used to. We are pay- At the request of Mr. CASSIDY, the as ‘‘National Hydrogen and Fuel Cell names of the Senator from Alaska (Ms. ing our bills differently than we used Day’’ . to. We don’t send a whole lot of first- MURKOWSKI) and the Senator from Con- AMENDMENT NO. 2656 class mail the way we used to. necticut (Mr. BLUMENTHAL) were added When I was a naval flight officer in as cosponsors of S. 1945, a bill to make At the request of Mr. SULLIVAN, his Southeast Asia for three tours, the available needed psychiatric, psycho- name was added as a cosponsor of best day of the week was when the mail logical, and supportive services for in- amendment No. 2656 proposed to H.J. came. We would get all kinds of letters dividuals with mental illness and fami- Res. 61, a joint resolution amending from home. We would get all kinds of lies in mental health crisis, and for the Internal Revenue Code of 1986 to postcards, birthday cards—you name other purposes. exempt employees with health cov- erage under TRICARE or the Veterans it—Father’s Day cards, and Valentine’s S. 1966 Administration from being taken into Day cards. We would get magazines, At the request of Mr. BOOZMAN, the account for purposes of determining and we would get newspapers. It was names of the Senator from New Jersey the employers to which the employer the best day of the week. Today, our (Mr. MENENDEZ), the Senator from Or- mandate applies under the Patient Pro- folks in the Armed Forces are deployed egon (Mr. MERKLEY), the Senator from tection and Affordable Care Act. to Afghanistan or other places around Virginia (Mr. KAINE), the Senator from At the request of Mr. MCCONNELL, the world, and they still get mail, but New Jersey (Mr. BOOKER) and the Sen- the name of the Senator from Wyoming it is not as important for them as it ator from Maine (Ms. COLLINS) were (Mr. ENZI) was added as a cosponsor of was for us because they have Skype, added as cosponsors of S. 1966, a bill to amendment No. 2656 proposed to H.J. they have cell phones, and they have amend the Richard B. Russell National Res. 61, supra. the Internet. They have other ways to School Lunch Act to require alter- At the request of Ms. MURKOWSKI, her communicate. native options for program delivery. name was added as a cosponsor of The challenge for the Postal Service S. 2001 amendment No. 2656 proposed to H.J. has been, in a day and age where we At the request of Ms. AYOTTE, the Res. 61, supra. communicate very differently than we name of the Senator from Colorado f did during the last war—than we do, (Mr. BENNET) was added as a cosponsor say, in the war we have been involved of S. 2001, a bill to phase out special STATEMENTS ON INTRODUCED in in Afghanistan for some time now— wage certificates under section 14(c) of BILLS AND JOINT RESOLUTIONS how do they make money? How do they the Fair Labor Standards Act of 1938 By Mr. CARPER: remain relevant? They are starting to

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.015 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6812 CONGRESSIONAL RECORD — SENATE September 17, 2015 get it. The Postal Service today—I the Internet and order. Those packages munities and said: You can’t have a 6- think it was at 3 a.m. this morning— they are ordering are going to have to day-a-week, 8- to 10-hour-a-day post of- the Postal Service, in 33 ZIP Codes in be delivered by somebody, and the fice in your community, but you can San Francisco, delivered groceries. Postal Service is one of those have a post office if you want, maybe 4 They use vehicles that otherwise would somebodies. hours a day, 6 hours a day. have been used between 3 a.m. and 7 I think the last time we saw the The person running it would be a.m. The folks who work for the Postal numbers—while first-class mail con- maybe a contract employee, maybe not Service have access to apartments and tinues to trend down by a couple of a full-time employee with full benefits high rises to actually deliver groceries. percent per year, what is going up—I but someone maybe making $15 an And I think they are delivering for think the last time we saw 12 to 14 per- hour. For some people, that is pretty Amazon in those 33 ZIP codes. I think cent a year—is delivery packages and good money. And then the commu- they have been trying it out for a parcels. So the Postal Service is find- nities would still end up with their while, and things are going pretty well. ing out how to be relevant even in the post offices. Or maybe the post office The Postal Service has turned around digital age in ways they haven’t should be a rural letter carrier driving and has contacted 100 other grocery thought about before. around on his or her route in the rural chains around the country. They said: There are other things they could do. part of a county or a State. It would This is what we are doing for Amazon, Among those things is they could de- literally be a post office on wheels, a and we could probably do this for you liver wine and beer. UPS does that, and little bit like a bookmobile was when I and help you and help serve customers FedEx does that. The postal service was a kid growing up. Everybody on in a different kind of way. does that in Australia. I think they that route would know that rural let- This morning, in a place in Delaware, make maybe $5 billion a year doing ter carrier was going to be here or just around Middletown, DE, which is that. I would like to say Australia there throughout the day and be there north of Dover, the Postal Service, lit- doesn’t have as many people as we do; to take packages or to provide stamps erally during the middle of the night— they just drink more. But there is lots or to send mail or to provide services or rather Amazon with the Postal of money to be made by the Postal that you would normally get in a post Service in the middle of the night com- Service here, and I don’t know of any office in a more urban, suburban area. bined to take items from that Amazon reason why we shouldn’t allow them to But long story short, the Postal distribution center in Middletown, DE, be involved in that business as well, Service has done a fair amount to re- and literally drop off, all over the with appropriate safeguards and as duce—I am tempted to call it—the size Northeast, the mid-Atlantic—all over long as States approve of that activity. of their enterprise and the cost of their the region—drop off items that are Those are some things I would men- enterprise. There are fewer full-time- going to be delivered today. These are tion about the Postal Service. equivalent employees, fewer mail-proc- all kinds of products that were ordered The other thing I would say is that essing centers. And while they still through Amazon yesterday on the over the past couple of years, even have a lot of post offices, a number of Internet, by phone, and so forth, and though we found it difficult to pass leg- them—maybe one out of every five or they are being delivered literally islation, one of the things the Postal so, one out of every four—is a post of- today. The Postal Service has a big Service has done on their own is they fice that may be open 2 hours a day, 4 hand in that. have tried to rightsize the enterprise to hours a day, 6 hours a day instead of 8 Also, we have FedEx and UPS. A lot reflect the delivery—less—of first-class hours a day or 10 hours a day. of folks think of FedEx and UPS as mail and the delivery of a little bit Today I am introducing legislation competitors of the Postal Service, and lower amounts of what we call stand- that seeks to enable the Postal Serv- in a way they are, but they are also ard mail, which could be nonprofits ice, which is still—actually, if you very good partners together. It works using the mail, it could be for-profits, didn’t consider one factor, which is this way. FedEx doesn’t want to de- it could be all kinds of stuff, but it is that the Postal Service is required by liver to every mailbox in the country, not first-class mail. law to put money aside to meet a li- especially in the more rural areas But one of the things the Postal ability that most private companies where there is a lot of separation and, Service has sought to do is to look at and almost every State and local gov- frankly, it is costly to do that. FedEx their workforce and say: In a day and ernment and the Federal Government, doesn’t want to do it, and UPS doesn’t age when we have to deliver a lot less too, have not addressed, and that is the want to do it. But guess who goes every mail, do we still need the same number health care liability of their pen- day—6 days a week, sometimes 7—to of full-time employees? sioners. pretty much every mailbox in the They decided the answer is no, and I Back in the late 1990s when I was country? It is 6 days a week. Well, it is think their full-time equivalents are I Governor of Delaware—we had worked the Postal Service. So there has been a would say down by a third from where for years—Governor Pete DuPont, Gov- partnership for a number of years now it was about a decade ago. ernor Mike Castle, and my administra- where the Postal Service delivers for The number of mail-processing cen- tion—to move from the State with the UPS and for FedEx the last mile, the ters across the country is down by worst credit rating in America to a last 2 miles, the last 5 miles, 10 miles, about half, from maybe 600 to 300. State with an AAA credit rating. In my the last 20 miles. The Postal Service The number of post offices really next to last year as Governor, 1999, makes some money doing that, and it hasn’t changed a whole lot. They have Delaware—in 1977 we had the worst helps FedEx and UPS maybe save some over 30,000, maybe closer to 40,000 post credit rating in the country, and in 1999 money. And when the Postal Service offices around the country, some ac- we earned AAA credit ratings across sends its packages by air mail, it actu- tive, large, vibrant, and some small, the board—Standard & Poor’s, ally will partner with FedEx or UPS in rural, not a lot of activity, but impor- Moody’s, and Fitch. It was a day of order to be able to move its products tant to those communities. great jubilation. But even after they around the country in an expeditious What the Postal Service has done awarded us our AAA credit ratings, way. with a number of their smaller post of- they said to us: You have a problem, So those are some things that are fices is basically they have said to the Delaware. And as it turned out, so did happening around the country that communities: You know, there is not a 49 other States. That is because while most people aren’t thinking about or lot going on in your post offices. Are we had a fully funded pension fund, we mindful about, some ways the Postal the amount of stamps and revenues had not set aside any money for a sig- Service is becoming more involved in generated by post offices really enough nificant cost of the pensioners, and the digital age. to make it worthwhile to run this post that is their health care costs once Christmas is still 3 months or so office 6 days a week, 8 to 10 hours a they reached the age of 65. And most away, but as people start thinking day? employers in the country, those em- about Christmas shopping, holiday What they have done is they have ployers of any consequence, when their shopping, in a lot of cases they are sort of presented a menu—the Postal retirees reach the age of 65, and Du- going to get on the phone and get on Service has presented a menu to com- Pont company is a great example—my

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.076 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6813 wife had a wonderful 27-year career The postal service asked for an exigent more perfect union’’—our goal will be with them, but when DuPont’s retirees rate case, which gave them an oppor- to form a more perfect postal service reach the age of 65, the DuPont com- tunity or a way to raise their rates a and hopefully form a more perfect pany doesn’t say: To heck with you. We bit. The question is, Is that going to be piece of legislation. The real goal is to are going to forget you. forever or is it going to go away? enable the postal service to be more They still try to meet their moral ob- We have been negotiating, with the successful—to enable them, and not be ligation to provide their employees a help of a guy named John Kane, a running them down all the time. pension and access to health care. Part member of our staff on the Committee We have great people who work for of that is Medicare. DuPont, and frank- on Homeland Security and Govern- the postal service. They deliver mail in ly almost any company of any con- mental Affairs, an agreement with the my neighborhood and probably yours sequence, says to their employees postal service and with some mailers as well. There are folks who are going reaching the age of 65: Alright, you are and others that are interested in these to work right now in the postal service. 65, you are eligible for Medicare Part issues to enable the exigent rate case They will be up late tonight sorting A, Medicare Part B, Medicare Part D, to stay in place for a couple more mail and making sure it will be ready and we expect retirees 65 or older to years, and then we will go through a to be delivered tomorrow. We have peo- use it—to sign up and use it. It is a re- new process or an existing process to ple who will be working tomorrow and quirement. And if that doesn’t cover establish a new postal rate for the Saturday delivering the mail. We will all their medical needs—and it prob- postal service to charge. But this pro- have folks delivering some mail, pri- ably will not—a lot of companies will vides some stability over the next cou- ority mail, some of it on Sunday. The continue to provide a wraparound sup- ple of years. postal service is not just a 6-day oper- plemental program to fill in the holes I will not go through the whole bill, ation today. They deliver a lot of pack- that are left unfilled by Medicare Part but let me just say that the idea be- ages and parcels now on Sunday. A, Part B, and Part D. hind our legislation is to enable the Our legislation is designed to enable Well, as it turns out, postal retirees, postal service to have reasonable reve- those folks to be more innovative, to when they reach the age of 65 and are nues to be successful, to enable them unleash the innovative spirit within eligible for Medicare, most of them to be treated fairly and I think equi- the postal service, and to bring ideas in sign up for Medicare Part A, a majority tably with respect to their payments from a lot of other folks to help the sign up for Medicare Part B—one of into Medicare for their retirees, to also postal service in that regard. those is hospital care and the other in- enable them to be more creative, and I think that pretty well covers my patient and the other outpatient doc- to find ways to use that 200-plus-year- talking points. Mr. President, I ask tor care—but almost none of them sign old distribution network in order to that, after you have had a chance to up for Medicare Part D, as in ‘‘delta.’’ make money—in order to make money. get a good rest this weekend, to maybe Part D is a drug program for Medicare There are lots of other ideas as well, take a look. I will come and visit you, that has been around for close to 13, 14 with the kind of stuff that happened maybe tell you what we are doing here, years now. It has been a huge success— this morning in those 33 zip codes in and see if you would like to join us a huge success. San Francisco and the kind of work somewhere down the road as a cospon- But while the postal service pays that will happen tonight at the Ama- sor or at least be a constructive critic. into Medicare, I think more than zon distribution center in Middletown, Either role would be very welcome. maybe any other employer in the coun- DE, and a lot of other places on this Today I am introducing the Improv- try—they pay more money, I think, side of the United States. ing Postal Operations, Service and than any other employer in the coun- This is legislation I am introducing Transparency Act of 2015, known as the try. I think the postal service is their on my own. We have worked with iPOST Act. As my colleagues here in No. 1 or No. 2 business in terms of full- stakeholders, which includes certainly the Senate know, the way we commu- time employees. And while they pay a the postal service, certainly includes a nicate as a society has changed dra- ton of money into Medicare, they do lot of the customers—not every one of matically over the past 20 years. In- not get full value. In fact, in effect, the their customers—and includes the em- stead of sending a letter to loved ones postal service is actually overpaying to ployee groups—the unions, the groups overseas, we send a Facebook message bring down the Medicare costs for that represent postmasters—and other or Skype. Instead of sending our bills other employers, including FedEx and people as well—regular customers, resi- every month, we go online and enter UPS and DuPont, for that matter. dential customers, business customers. our billing information. Instead of flip- So the question is: Is that right? Is So we are introducing legislation, and ping through a catalogue, we visit the that fair? Is that equitable to the post- my hope is that it will serve as a cata- retail store’s website. But while the al service? Is it fair to their employees lyst for a good conversation and a way we communicate and conduct busi- and their pension? I don’t think so, and much needed consensus to say this is ness has changed, we still require a vi- neither did Dr. Coburn in the last Con- where we are headed on postal reform brant, financially sound, and sustain- gress when we offered legislation that in 2015 and beyond. able postal system. The United States said this should be fixed. The postal I have never introduced a perfect bill, Postal Service continues to be a crit- service ought to be treated like other and I am not introducing probably a ical enabler of communications and companies. They ought to be able to perfect bill now. But I think it is a commerce that maintains a unique de- get full value for the contributions pretty piece of legislation. We have lis- livery network that connects every they make into Medicare. tened to a lot of folks, and we have lis- community, town, and city in this That is something that should be tened to a lot of folks who serve here country and with posts around the part of postal reform legislation. It is with us in the Senate—Democrats, Re- world. part of the legislation I am introducing publicans, folks on the committee and The Postal Service is a more than 200 today, and it was part of the legisla- off the committee—and it is my hope year-old institution that today serves tion we introduced a year ago. we will have a chance to kick the tires as the linchpin of a $1 trillion dollar Another important part of the legis- on this new piece of legislation I have mailing industry employing more than lation we are introducing today deals introduced and somewhere fairly soon 8.4 million people. It is the nexus be- with the rates the postal service can be able to have a hearing so folks can tween consumers and businesses as di- charge. There was something after the come and say: This is what I like about verse as Hallmark, Amazon, small last recession called an exigent rate it or don’t like about the legislation, town newspapers, and mail-order phar- case. The postal service’s businesses and they will decide ways to make it macies. Over the years, the Postal were badly damaged. A lot of busi- even better. Service has been a resilient institution nesses that used first-class mail fled I like to say that everything I do I that has consistently adjusted with the first-class mail and found a way to use know I can do better. But as it says in times and adapting when necessary to the Internet and to replace the use of the Constitution, ‘‘in order to form a remain a vital part of our Nation’s eco- first-class mail, which had a severely more perfect union’’—in the preamble nomic infrastructure and really our ev- damaging impact on the postal service. of the Constitution, ‘‘in order to form a eryday lives. Many would agree that,

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.077 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6814 CONGRESSIONAL RECORD — SENATE September 17, 2015 though much has changed in our coun- the mailing industry, and also our systems recognize the differences be- try and our economy since the forma- economy as a whole. The significant tween the postal and non-postal federal tion of the Postal Service, the need for advancement in digital communication workforce to prevent the Postal Serv- an efficient and secure transfer of com- that continued through the recession, ice from paying more than it owes into munications and goods has not. Never- the steady decline in First-Class Mail the federal retirement systems, as has theless, the growing trend toward dig- and Standard Mail volume, and the ris- happened in the past. ital communication, the Postal Serv- ing costs associated with longstanding The iPOST Act would restructure the ice’s significant long-term financial li- healthcare and retirement obligations way the Postal Service funds its re- abilities, and the continued decline of created a tumultuous relationship be- maining liability for retiree healthcare First Class mail volume are threat- tween Postal Service revenues and by scrapping the existing, unaffordable ening the future viability of this fed- costs. payment schedule and replacing it with eral establishment enshrined in the In the decade since passage of PAEA, a system with realistic payment goals Constitution. Thus, it is incumbent total Postal Service mail volume has that would allow the Postal Service to upon Congress to give the Postal Serv- fallen some 27 percent to 155 billion invest over the next 10 years in a more ice the tools necessary to address its pieces, the career workforce is 30 per- lucrative TSP-like account. Combined, growing costs and modernize so it can cent smaller and the booming domestic these provisions would help the Postal remain relevant for generations to e-commerce market is now valued at Service and taxpayers by paying down come. more than $300 billion. The effects of the Postal Service’s long-term retiree Two American industries that have the Great Recession in 2008 had a tre- health obligations sooner. also undergone major disruption in the mendous impact on the mailing indus- The iPOST Act would create a Postal past and survived to live another day try, and by extension the Postal Serv- Service Health Benefits Program, offer parallels to the Postal Service’s ice’s bottom line. To combat these ef- PSHBP, within the Federal Employee current predicament. The U.S. freight fects, the Postal Regulatory Commis- Health Benefits Plan, FEHBP, and re- rail industry faced disruption from the sion approved a temporary emergency quire that all Medicare-eligible postal trucking industry and had significant rate increase, which has been the pri- annuitants and employees enroll in overcapacity beginning in the 1950s. mary reason for the Postal Service’s Medicare parts A, B, and D. This would Three interrelated components helped positive operating income over the past ensure better coordination between the freight rail industry recover: a 2 years. PSHBP and Medicare than we see with focus on improving productivity, con- I have worked on postal issues with FEHBP and Medicare today and allow taining costs, and generating revenue. various colleagues for a large part of the Postal Service to reap the full ben- Likewise, the U.S. auto industry has my time in the United States Senate. efit of the resources it and its employ- faced similar challenges: overcapacity, Further, I have been working on postal ees pay into Medicare. too many suppliers, and a declining reform diligently since 2010 when it be- The iPOSTAct would require an inde- market share. The freight rail and auto came apparent that the future of the pendent analysis of the recent network industries both have come roaring back Postal Service was in jeopardy. Last changes put into place by the Postal to life and profitability. But it’s impor- Congress, former Senator Tom Coburn Service and how service can be im- tant to note that they did so in part and I introduced a package that we felt proved, particularly in rural areas. The thanks to helpful legislative reform. moved the Postal Service forward and bill further proposes a pause in the While containing costs, generating solved the long term problems that Postal Service’s network optimization revenue, and improving productivity plague it. Unfortunately, that bill did efforts for 2 years for plants and 5 are certainly part of the postal reform years for post offices to ensure a sta- not pass and in January the Postal equation and something postal man- bilization of service for all postal cus- Service was forced to change its deliv- agement must continue to focus on, we tomers. must do our part to bring badly needed ery standards. Since then, service has The iPOST Act would provide cus- structural reforms to the Postal Serv- noticeably declined. tomers big and small with better trans- I have worked diligently with my col- ice’s business model and ensure long- parency into how the Postal Service leagues and a wide range of postal term stability in the years to come. performs for them regardless of wheth- stakeholders including postal con- Originally, the Postal Service was a er they live in a large city, a suburban sumers, the mailing industry, postal federal department that required an- development, or a remote rural area. nual appropriations from Congress. In labor unions, and Postal Service lead- The iPOST Act would makes the cur- 1971, Congress passed legislation to ership for the last eight months on a rent temporary emergency rate in- make the Postal Service an ‘‘inde- compromise proposal. The legislation I crease permanent while freezing any pendent establishment of the executive have introduced is a starting point in further rate increases until a new rate branch,’’ designed to run as a self-sus- making sure the Postal Service re- system can be established by the Post- taining entity that would cover its op- mains relevant in the digital age by al Regulatory Commission by January erating costs with revenues produced achieving financial viability and better 1, 2018. through sales, including postage and meeting our communication and com- The iPOST Act would allow the Post- related products and services. Hence, merce needs. I will continue to work al Service, based on meeting certain the modern version of the Postal Serv- with all interested parties, my col- conditions, to introduce new non-post- ice was born. leagues in the Senate and the House, al products and services, ship beer, As time passed, Postal Service re- including Chairman RON JOHNSON of wine and distilled spirits, and partner forms became necessary to create sta- the Homeland Security and Govern- with State and local governments in bility in the agency and to ensure that mental Affairs Committee, and the Ad- providing government services. the American taxpayer and the busi- ministration to build on, perfect, and In introducing this bill, I invite all ness community would continue to revise this legislation going forward. I interested stakeholders from around benefit from its products and services. am confident that the Postal Service the country, whether they happen to be In an effort to address these needs, can turn this corner and remain rel- residents of rural, urban, or suburban Congress enacted the Postal Account- evant in the decades to come, but it is communities, businesses that use the ability and Enhancement Act of 2006, going to take collaboration, commu- mail broadly or individual customers PAEA. When PAEA was signed into law nication, and compromise from all of the Postal Service, to come to the a decade ago, First-Class Mail volume stakeholders and Congress to make table and work with Congress on a via- was peaking at 213 billion pieces, the that happen. ble path forward. I encourage the mail- postal workforce was composed of al- The Improving Postal Operations, ing industry, the postal unions, and most 700,000 career employees and the Service and Transparency Act, iPOST Postal Service management to con- e-commerce market was in its infancy Act, will set the path to make solvency tinue to discuss reform measures and with a value of just over $100 billion possible and fix the Postal Service’s fi- to view this bill as a possible path for- annually. nancial and other challenges for the ward to consensus. To my colleagues Unfortunately, passage of the PAEA long-term. In particular iPOST Act on both sides of the aisle, I look for- came at the cusp of immense change in would ensure that our federal pension ward to working with you to make

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.075 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6815 what I think is a good bill even better. future wages and benefits that would find themselves in a subsequent legal dispute Again, introduction is the first step in have been paid had the former em- with their employer, yet this is unfortu- this process. I am committed to work- ployee not been terminated or had the nately a reality for America’s workers. The ing together to find consensus on this employee not been forced to resign. CJTFA, which has been known as the Civil Our bill contains two important re- Rights Tax Fairness Act and the Civil Rights legislation and fix the serious, but Tax Relief Act in prior Congresses, is a ‘‘win- solvable challenges facing the Postal forms: First, award amounts for win’’ for both employees and business. Pre- Service. frontpay or backpay would continue to vious versions of the CJTFA garnered wide- be included as taxable income, but spread support by a broad-based coalition of By Ms. COLLINS (for herself and would be eligible for income averaging business, civil rights, and legal organizations Mr. CARDIN): according to the time period covered such as the U.S Chamber of Commerce S. 2059. A bill to amend the Internal by the award. This correction would (USCC), the Society for Human Resource Revenue Code of 1986 to exclude from allow individuals to pay taxes at the Management (SHRM), the Leadership Con- gross income amounts received on ac- same marginal rates that would have ference on Civil and Human Rights (LCCHR), count of claims based on certain un- and the American Bar Association (ABA). At applied to them had they not suffered present, we have the support of the ABA and lawful discrimination and to allow in- discrimination. Income averaging more we know that many other organizations will come averaging for backpay and fairly takes into account the person’s be joining us in the near future. frontpay awards received on account of financial standing apart from the lump The CJTFA will correct current inequities such claims, and for other purposes; to sum of the award. in tax treatment of settlements and awards the Committee on Finance. Second, the bill would also allow received by individuals in employment and Ms. COLLINS. Mr. President, I rise plaintiffs to exclude non-economic civil rights cases. Under current law, those to introduce the Civil Justice Tax Fair- damages, amounts awarded for pain, who suffer noneconomic damages as a result of unfair employment practices pay taxes; ness Act of 2015. I am very pleased to suffering or other health effects, from be joined by my colleague from Mary- those who suffer noneconomic damages as a their income, to treat employment and result of physical injuries (such as from car land, Senator CARDIN, in introducing civil rights claims the same as claims accidents) do not. The CJTFA will correct this bipartisan bill. that involve a physical injury. this unfairness by excluding from gross in- This bill would change the taxation The Civil Justice Tax Fairness Act come non-economic damages received in of awards received by individuals that would encourage the fair settlement of civil rights and employment cases. result from judgments in or settle- employment discrimination claims. Similarly, employees who have not lost ments of employment discrimination Our legislation would allow both plain- wages pay taxes at the rates applicable to and civil rights cases, and would apply tiffs and defendants to settle claims the actual wages they earned in each year. to victims in cases including racial dis- But if they receive back or front pay in a based on the damages suffered, not on settlement or award, they must pay taxes on crimination, sexual discrimination, the excessive taxes that are now lev- lump sum recoveries that represent multiple and whistleblower discrimination. ied—taxation that adds insult to a civil years of such pay—a patently unfair prac- These changes would correct an in- rights victim’s injury and serves as a tice. The CJTFA will correct this unfairness equity in current law and are designed barrier to the just settlement of civil by taxing lump sum recoveries as if they to promote the fair and equitable set- rights claims. were received in the year earned and by pro- tlement of such claims. I invite my colleagues to join Sen- viding an exemption from the alternative In 2003, I introduced the Civil Rights ator CARDIN and me in support of this minimum tax (AMT) for any resulting tax Tax Relief Act. In 2004, Congress adopt- bipartisan, common sense legislation. benefit. Mr. President, I ask unanimous con- By making settlements less expensive and ed the most important part of that bill, easier to achieve, the CJTFA will reduce the allowing successful plaintiffs in civil sent that a letter of support be printed number of employment and civil rights cases rights actions to deduct the portion of in the RECORD. that go to trial, freeing up valuable court re- their awards covering attorneys’ fees There being no objection, the mate- sources for other matters. The CJTFA not from their annual incomes. This provi- rial was ordered to be printed in the only benefits the parties to employment dis- sion eliminated the double-taxation of RECORD, as follows: putes, but also America’s taxpayers who such fees, which are still taxable in- NATIONAL EMPLOYMENT LAWYERS must bear the costs associated with a less ef- ficient judicial system. come to the attorney. Two important ASSOCIATION, SEPTEMBER 16, 2015. On behalf of our 69 affiliates, 4,000 mem- provisions from my 2003 bill, which I bers, and the hundreds of thousands of em- will describe in a moment, have yet to Re: Introduction of the Civil Justice Tax Fairness Act ployees they represent, we are extremely be addressed, and the bill we introduce pleased that you are championing this im- today would enact them. Hon. SUSAN M. COLLINS, portant bipartisan, bicameral legislation. We The primary purpose of the bill we U.S. Senate, look forward to working closely with you Washington, DC. and your staff to gain passage of the CJTFA are introducing today is to remedy an DEAR SENATOR COLLINS: On behalf of the in the 114th Congress. unintended consequence of a 1996 law, National Employment Lawyers Association Sincerely, which made damage awards that are (NELA) we commend and thank you for your TERISA E. CHAW, leadership in introducing the Civil Justice not based on ‘‘physical injuries or Executive Director. physical sickness’’ part of a plaintiff’s Tax Fairness Act of 2015 (CJTFA). Your in- taxable income. Because most acts of terest in this bill demonstrates the kind of f employment discrimination and civil vision that is increasingly rare—the vision SUBMITTED RESOLUTIONS that it is possible to find solutions to press- rights violations do not cause physical ing problems that are beneficial to both injuries, this provision has had a direct America’s workers and employers. and negative impact on plaintiffs who Founded in 1985, NELA is the largest pro- SENATE RESOLUTION 257—CON- successfully prove that they have been fessional membership organization in the GRATULATING CAPTAIN subjected to intentional employment country comprised of lawyers who represent KRISTEN GRIEST AND FIRST discrimination or other intentional employees in labor, employment, and civil LIEUTENANT SHAYE HAVER ON violations of their civil rights. rights disputes. NELA advances employee THEIR GRADUATION FROM Our bill would remedy the unfair rights and serves lawyers who advocate for RANGER SCHOOL equality and justice in the American work- method of taxation of civil rights vic- place. With 69 circuit, state, and local affili- Ms. COLLINS (for herself, Ms. MIKUL- tims’ settlements and court awards ates, NELA has a membership of over 4,000 SKI, Ms. AYOTTE, Ms. BALDWIN, Mrs. with respect to ‘‘frontpay’’ and ‘‘back- attorneys working on behalf of those who BOXER, Mrs. CAPITO, Mrs. ERNST, Mrs. pay,’’ and with respect to the taxation have faced illegal treatment in the work- FEINSTEIN, Mrs. FISCHER, Mrs. GILLI- of noneconomic damages. By way of place. There has been unanimity among our BRAND, Ms. HEITKAMP, Ms. HIRONO, Mrs. background, I should explain that members for nearly 20 years that passage of MCCASKILL, Ms. MURKOWSKI, Mrs. MUR- the Civil Justice Tax Fairness Act is a top awards of compensation attributable to RAY, Mrs. SHAHEEN, Ms. STABENOW, Ms. legislative priority. the difference between what the em- The CJTFA has significant ramifications WARREN, Mr. PERDUE, Mr. MURPHY, Mr. ployee was paid and the amount he or for people who have been harmed by illegal KIRK, Mr. TESTER, Mr. FLAKE, Mr. she should have been paid are known as treatment in their workplace. No one starts REED, Mr. DONNELLY, Mr. GRASSLEY, ‘‘backpay.’’ ‘‘Frontpay’’ represents the a new job with any thought that they will Mr. BLUMENTHAL, Mr. ISAKSON, Mr.

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G17SE6.075 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6816 CONGRESSIONAL RECORD — SENATE September 17, 2015 WARNER, Mr. LEAHY, Mr. FRANKEN, Ms. acter, courage, and tenacity, not gen- SENATE RESOLUTION 258—DESIG- CANTWELL, Mr. RUBIO, Mr. HEINRICH, der, are the hallmarks of great service- NATING THE WEEK OF SEP- Ms. KLOBUCHAR, Mr. COONS, Mr. THUNE, members and leaders. TEMBER 20 THROUGH 26, 2015, AS Mr. MERKLEY, and Mr. GARDNER) sub- Just as teamwork and dedication are ‘‘NATIONAL ADULT EDUCATION mitted the following resolution; which the benchmarks for military effective- AND FAMILY LITERACY WEEK’’ was referred to the Committee on ness, they are also the mandates of the Mrs. MURRAY (for herself, Mr. ALEX- Armed Services: U.S. Army Rangers who are tasked ANDER, Ms. MIKULSKI, Ms. COLLINS, Mr. S. RES. 257 with our Nation’s most challenging and REED, Mr. DONNELLY, and Mr. PETERS) Whereas United States Army Rangers difficult missions. Captain Griest and submitted the following resolution; ‘‘Lead the Way!’’ and have played a decisive Lieutenant Haver, along with their fel- which was referred to the Committee role in military engagements since before low Ranger School classmates, braved on the Judiciary: the Revolutionary War; the challenges and serve as role models S. RES. 258 Whereas Ranger School prepares members for girls and boys—women and men—in Whereas the Organisation for Economic of the Armed Forces to serve as leaders and Co-operation and Development reports that members of elite combat forces tasked with the United States and around the approximately 36,000,000 adults in the United dismounted infantry, airborne, airmobile, world. This integrated class answered States lack the basic literacy and numeracy amphibious, and independent squad and pla- our Nation’s call to service. They stood necessary to succeed at home, in the work- toon-size operations; shoulder-to-shoulder, enduring the place, and in society; Whereas Ranger School is one of the course’s extreme mental and physical Whereas the literacy of the people of the toughest training courses for which a mem- stress, together. Each carried his or United States is essential for the economic ber can volunteer, with three phases testing her own weight, and at times the and societal well-being of the United States; a member’s ability to patrol, navigate, weight of others, proving that integra- Whereas the United States reaps the eco- mountaineer, and execute combat arms func- tion represents not just a lofty goal, nomic benefits of individuals who improve tional skills; their literacy, numeracy, and English-lan- Whereas students in Ranger School train but an achievable reality. Their collec- tive and distinguished accomplish- guage skills; to exhaustion, pushing the limits of their Whereas literacy and educational skills are minds and bodies; ments embody the values of our Armed necessary for individuals to fully benefit Whereas although many members apply to Forces and our Nation. from the range of opportunities available in Ranger School, fewer than 45 percent, on av- The journey toward integration, how- the United States; erage, possess the mental and physical ever, has been hard fought. Before Whereas the economy and position of the toughness required to earn the highly cov- them, the first African Americans and United States in the world marketplace de- eted Ranger tab signifying graduation from pend on having a literate, skilled population; the School; women who answered the call to serv- ice laid the foundation for making in- Whereas the unemployment rate in the Whereas Captain Kristen Griest and First United States is highest among those with- Lieutenant Shaye Haver braved the rigors of tegration possible. These pioneers in- out a high school diploma or an equivalent Ranger School, becoming the first women to herently understood the importance of credential, demonstrating that education is successfully earn the Ranger tab; their contributions to the realization important to economic recovery; Whereas they stood shoulder-to-shoulder of integration. They also recognized Whereas the educational skills of the par- with their fellow members, carrying their the undeniable truth that an inte- ents of a child and the practice of reading to own weight and, at times, the weight of oth- a child have a direct impact on the edu- ers; grated and balanced force is a success- ful force both on and off the battlefield. cational success of the child; Whereas their personal courage, sacrifices, Whereas parental involvement in the edu- and extraordinary leadership skills establish The effectiveness of a military unit cation of a child is a key predictor of the them as role models for women and men is almost always determined by the co- success of a child, and the level of parental alike, proving that skill, not gender, deter- hesion of its individual members, their involvement in the education of a child in- mines military aptitude and success; and dedication to the team, and their com- creases as the educational level of the parent Whereas, as graduates of the United States mitment to the mission. No individual increases; Military Academy, they exemplify the time- servicemember can succeed by his or Whereas parents who participate in family honored creed of ‘‘Duty, Honor, Country’’, literacy programs become more involved in and will continue to shape the future of our her efforts alone. Success is forged the education of their children and gain the military and the Rangers in the years to from equality and integration. tools necessary to obtain a job or find better come: Now, therefore, be it As we celebrate Captain Griest’s and employment; Resolved, That the Senate— Lieutenant Haver’s historic and inspir- Whereas, as a result of family literacy pro- (1) honors and recognizes the patriotism ing achievements, we express our pride grams, the lives of children become more and historic contributions to the United and gratitude for their personal cour- stable, and the success of children in the States by Captain Kristen Griest and First classroom and in future endeavors becomes Lieutenant Shaye Haver; age and sacrifice. I am confident that more likely; (2) commends their character, courage, and the military and our country are more Whereas adults need to be part of a long- tenacity as the first women to earn the battle ready as a result. I am also con- term solution to the educational challenges Ranger tab signifying graduation from Rang- fident that Captain Griest and Lieuten- faced by the people of the United States; er School; ant Haver will continue to serve with Whereas many older people in the United (3) recognizes that our military and our distinction as they ‘‘Lead the Way!’’ as States lack the reading, math, or English- country are more battle ready as a result of our Nation’s newest U.S. Army Rang- language skills necessary to read a prescrip- their accomplishments; ers. As a result of their milestone tion and follow medical instructions, which (4) celebrates their service as they con- endangers the lives of the older people and tinue to ‘‘Lead the Way!’’ as our nation’s achievements, they have inspired a na- the lives of their loved ones; newest United States Army Rangers; and tion. Whereas many individuals who are unem- (5) congratulates them for their inspiring With this in mind, I am pleased to ployed, underemployed, or receive public as- and groundbreaking accomplishments. offer this resolution with Senators MI- sistance lack the literacy skills necessary to Ms. COLLINS. Mr. President, I wish KULSKI, AYOTTE, BALDWIN, BOXER, obtain and keep a job, to continue their edu- to honor and congratulate CPT Kristen CANTWELL, CAPITO, ERNST, FEINSTEIN, cation, or to participate in job training pro- grams; FISCHER, GILLIBRAND, HEITKAMP, Griest and 1LT Shaye Haver for their Whereas many high school dropouts do not historic accomplishment of being the HIRONO, KLOBUCHAR, MCCASKILL, MUR- have the literacy skills necessary to com- first two women soldiers to complete KOWSKI, MURRAY, SHAHEEN, STABENOW, plete their education, transition to postsec- U.S. Army Ranger School and earn WARREN, PERDUE, MURPHY, KIRK, ondary education or career and technical their highly coveted Ranger tabs. TESTER, FLAKE, REED, DONNELLY, training, or obtain a job; Earning the right to wear a Ranger GRASSLEY, BLUMENTHAL, ISAKSON, WAR- Whereas a large portion of individuals in tab is not for the faint-hearted. The NER, LEAHY, FRANKEN, RUBIO, HEINRICH, prison have low educational skills and pris- rigors of the course test even the COONS, THUNE, and MERKLEY honoring oners without educational skills are more and recognizing the patriotism and his- likely to return to prison once released; strongest servicemembers. Many try; Whereas many immigrants in the United few succeed. toric contributions to the United States do not have the literacy skills nec- Through their grit and determina- States by Captain Griest and Lieuten- essary to succeed in the United States; and tion, Captain Griest and Lieutenant ant Haver, and extend my best wishes Whereas National Adult Education and Haver have demonstrated that char- and heartiest congratulations. Family Literacy Week highlights the need to

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.019 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6817 ensure that each individual in the United ter, and 9 magazines carrying hundreds of geously and selflessly thwarted a terrorist States has the literacy skills necessary to rounds of ammunition and could have killed attack and saved countless lives: Now, there- succeed at home, at work, and in society: and injured dozens of passengers had the fore, be it Now, therefore, be it gunman not been stopped; Resolved, That the Senate— Resolved, That the Senate— Whereas Mark Moogalian, a 51 year old (1) honors and commends the extraor- (1) designates the week of September 20 French-American professor and musician, dinary bravery, courage, and heroism of through 26, 2015, as ‘‘National Adult Edu- courageously attempted to subdue the gun- United States Air Force Airman First Class cation and Family Literacy Week’’ to raise man and wrestled the Kalashnikov away Spencer Stone, Oregon Army National Guard public awareness about the importance of from the gunman, but was shot by the gun- Specialist Aleksander Skarlatos, college stu- adult education, workforce skills, and family man; dent Anthony Sadler, French-American literacy; Whereas United States Air Force Airman Mark Moogalian, British consultant Chris (2) encourages people across the United First Class Spencer Stone, Oregon Army Na- Norman, and Frenchman Damien A., who States to support programs to assist individ- tional Guard Specialist Aleksander selflessly risked their own lives to prevent a uals in need of adult education, workforce Skarlatos, college student Anthony Sadler, terrorist attack that could have killed doz- skills, and family literacy programs; and British consultant Chris Norman took ens aboard a passenger train bound for Paris; (3) recognizes the importance of adult edu- courageous action on their own initiative and cation, workforce skills, and family literacy and forcibly subdued the gunman, rendering (2) extends best wishes for a full recovery programs; and the gunman unconscious and tying up the to all innocent individuals who were injured (4) calls upon public, private, and nonprofit gunman on the floor of the train with t- during the attack, including United States entities to support increased access to adult shirts; Air Force Airman First Class Spencer Stone education and family literacy programs to Whereas United States Air Force Airman and French-American Mark Moogalian. ensure a literate society. First Class Spencer Stone suffered serious f f injuries, including a partially severed thumb, from the gunman’s box cutter; AMENDMENTS SUBMITTED AND SENATE RESOLUTION 259—HON- Whereas, notwithstanding his own injuries, PROPOSED ORING THE BRAVERY AND HER- United States Air Force Airman First Class OISM OF THOSE WHO SELF- Spencer Stone treated the wounds and likely SA 2666. Mr. MCCONNELL (for Mr. THUNE) saved the life of French-American Mark proposed an amendment to the bill H.R. 719, LESSLY PREVENTED A DEADLY to require the Transportation Security Ad- TERRORIST ATTACK AND SAVED Moogalian; Whereas French President Franc¸ois ministration to conform to existing Federal COUNTLESS LIVES WHILE Hollande awarded United States Air Force law and regulations regarding criminal in- ABOARD A PASSENGER TRAIN Airman First Class Spencer Stone, Oregon vestigator positions, and for other purposes. BOUND FROM AMSTERDAM TO Army National Guard Specialist Aleksander f PARIS ON AUGUST 21, 2015 Skarlatos, college student Anthony Sadler, TEXT OF AMENDMENTS Mrs. FEINSTEIN (for herself, Mrs. and British consultant Chris Norman the highest civilian honor in France, the Legion SA 2666. Mr. MCCONNELL (for Mr. BOXER, Mr. WYDEN, Mr. MERKLEY, Mr. of Honor, and pledged to do the same for MCCAIN, Mr. GRASSLEY, Mr. MCCON- THUNE) proposed an amendment to the French-American Mark Moogalian and bill H.R. 719, to require the Transpor- NELL, Mr. REID, Mr. ALEXANDER, Ms. Frenchman Damien A., who also helped AYOTTE, Ms. BALDWIN, Mr. BARRASSO, thwart the attack; tation Security Administration to con- Mr. BENNET, Mr. BLUMENTHAL, Mr. Whereas the United States Air Force has form to existing Federal law and regu- BLUNT, Mr. BOOKER, Mr. BOOZMAN, Mr. stated that it will nominate United States lations regarding criminal investigator BROWN, Mr. BURR, Ms. CANTWELL, Mrs. Air Force Airman First Class Spencer Stone positions, and for other purposes; as CAPITO, Mr. CARDIN, Mr. CARPER, Mr. for the Airman’s Medal, the highest award of follows: the Air Force for non-combat bravery; CASEY, Mr. CASSIDY, Mr. COATS, Mr. On page 12, line 11, insert ‘‘and the Com- Whereas the United States Army has nomi- mittee on the Judiciary’’ after ‘‘Transpor- COCHRAN, Ms. COLLINS, Mr. COONS, Mr. nated Oregon Army National Guard Spe- tation’’. CORKER, Mr. CORNYN, Mr. COTTON, Mr. cialist Aleksander Skarlatos for the Sol- On page 13, line 4, insert ‘‘and the Committee CRAPO, Mr. CRUZ, Mr. DAINES, Mr. DON- dier’s Medal, the highest award of the Army on Homeland Security and Governmental Af- NELLY, Mr. DURBIN, Mr. ENZI, Mrs. for acts of heroism not involving actual con- fairs’’ after ‘‘Transportation’’. ERNST, Mrs. FISCHER, Mr. FLAKE, Mr. flict with an enemy; FRANKEN, Mr. GARDNER, Mrs. GILLI- Whereas the Department of Defense will f BRAND, Mr. GRAHAM, Mr. HATCH, Mr. honor United States Air Force Airman First AUTHORITY FOR COMMITTEES TO Class Spencer Stone with the Purple Heart HEINRICH, Ms. HEITKAMP, Mr. HELLER, award and Oregon Army National Guard Spe- MEET Ms. HIRONO, Mr. HOEVEN, Mr. INHOFE, cialist Aleksander Skarlatos and college stu- COMMITTEE ON AGRICULTURE, NUTRITION, AND Mr. ISAKSON, Mr. JOHNSON, Mr. KAINE, dent Anthony Sadler each with an award for FORESTRY Mr. KING, Mr. KIRK, Ms. KLOBUCHAR, courage and valor; Mr. CORNYN. Mr. President, I ask Mr. LANKFORD, Mr. LEAHY, Mr. LEE, Whereas the city of Sacramento recognized unanimous consent that the Com- Mr. MANCHIN, Mr. MARKEY, Mrs. the heroism of United States Air Force Air- mittee on Agriculture, Nutrition, and MCCASKILL, Mr. MENENDEZ, Ms. MIKUL- man First Class Spencer Stone, Oregon Forestry be authorized to meet during SKI, Mr. MORAN, Ms. MURKOWSKI, Mr. Army National Guard Specialist Aleksander the session of the Senate on September MURPHY, Mrs. MURRAY, Mr. NELSON, Skarlatos, and college student Anthony Mr. PAUL, Mr. PERDUE, Mr. PETERS, Sadler through a Hometown Heroes Parade 17, 2015, at 10 a.m., in room SR–328A of on the California Capitol Mall on September Mr. PORTMAN, Mr. REED, Mr. RISCH, Mr. the Russell Senate Office Building, to 11, 2015; conduct a hearing entitled ‘‘Business ROBERTS, Mr. ROUNDS, Mr. RUBIO, Mr. Whereas United States Air Force Airman SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. Meeting.’’ First Class Spencer Stone, who is 23 years The PRESIDING OFFICER. Without SCHUMER, Mr. SCOTT, Mr. SESSIONS, old and a resident of California, joined the Mrs. SHAHEEN, Mr. SHELBY, Ms. STABE- United States Air Force nearly 3 years ago objection, it is so ordered. NOW, Mr. SULLIVAN, Mr. TESTER, Mr. and serves as a medical technician stationed COMMITTEE ON ARMED SERVICES THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. at Lajes Air Base in the Azores; Mr. CORNYN. Mr. President, I ask UDALL, Mr. VITTER, Mr. WARNER, Ms. Whereas Oregon Army National Guard Spe- unanimous consent that the Com- WARREN, Mr. WHITEHOUSE, and Mr. cialist Aleksander Skarlatos is 22 years old mittee on Armed Services be author- and a resident of Oregon and had recently re- WICKER) submitted the following reso- ized to meet during the session of the lution; which was considered and turned to Oregon after a 9 month deploy- ment in Afghanistan; Senate on September 17, 2015, at 10 a.m. agreed to: Whereas Anthony Sadler is 23 years old, a The PRESIDING OFFICER. Without S. RES. 259 resident of California, and is a student objection, it is so ordered. Whereas, on Friday, August 21, 2015, United studying kinesiology at the California State COMMITTEE ON BANKING, HOUSING, AND URBAN States Air Force Airman First Class Spencer University at Sacramento; and AFFAIRS Stone, Oregon Army National Guard Spe- Whereas United States Air Force Airman Mr. CORNYN. Mr. President, I ask cialist Aleksander Skarlatos, college student First Class Spencer Stone, Oregon Army Na- unanimous consent that the Com- Anthony Sadler, and others selflessly risked tional Guard Specialist Aleksander their lives and forcibly subdued a gunman on Skarlatos, and college student Anthony mittee on Banking, Housing, and a train carrying more than 500 passengers; Sadler were childhood friends raised in the Urban Affairs be authorized to meet Whereas the gunman was armed with a Ka- Sacramento area who were on vacation in during the session of the Senate on lashnikov assault rifle, a handgun, a box cut- Europe together at the time they coura- September 17, 2015, at 10 a.m.

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.020 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6818 CONGRESSIONAL RECORD — SENATE September 17, 2015 The PRESIDING OFFICER. Without ate proceed to the immediate consider- Oregon Army National Guard Spe- objection, it is so ordered. ation of S. Res. 259. cialist Aleksander Skarlatos quickly COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. The followed, as did Anthony Sadler and TRANSPORTATION clerk will report the resolution by Chris Norman. Mr. CORNYN. Mr. President, I ask title. Ultimately, the gunman was sub- unanimous consent that the Com- The legislative clerk read as follows: dued, rendered unconscious, and tied mittee on Commerce, Science, and A resolution (S. Res. 259) honoring the up on the floor of the train. Transportation be authorized to meet bravery and heroism of those who selflessly And, U.S. Air Force Airman First during the session of the Senate on prevented a deadly terrorist attack and Class Spencer Stone, a medical techni- saved countless lives while aboard a pas- September 17, 2015, at 9:45 a.m., in cian himself injured by the attacker’s room SR–253 of the Russell Senate Of- senger train bound from Amsterdam to Paris on August 21, 2015. box cutter, then treated Mark fice Building. There being no objection, the Senate Moogalian’s injuries and helped save The PRESIDING OFFICER. Without his life. objection, it is so ordered. proceeded to consider the resolution. Mrs. FEINSTEIN. Mr. President, I The swift, decisive, and courageous COMMITTEE ON ENERGY AND NATURAL submitted this resolution recognizing actions of these men prevented what RESOURCES could have been the deaths of dozens of Mr. CORNYN. Mr. President, I ask and commending those who boldly pre- vented what could have amounted to passengers. unanimous consent that the Com- Their heroism should be recognized mittee on Energy and Natural Re- an unspeakable tragedy aboard a high- as an inspiration by all Americans, in- sources be authorized to meet during speed train headed toward Paris, cluding by this body, and I thank all of the session of the Senate on September France, on August 21, 2015. my Senate colleagues for cosponsoring 17, 2015, at 10 a.m., in room SD–366 of Those who took these courageous ac- the resolution to honor their bravery the Dirksen Senate Office Building. tions were: U.S. Air Force Airman The PRESIDING OFFICER. Without First Class Spencer Stone, Oregon and heroic acts. objection, it is so ordered. Army National Guard Specialist Mr. MCCONNELL. I ask unanimous consent that the resolution be agreed COMMITTEE ON FOREIGN RELATIONS Aleksander Skarlatos, California State to, the preamble be agreed to, and the Mr. CORNYN. Mr. President, I ask University Sacramento student An- unanimous consent that the Com- thony Sadler, French-American Mark motions to reconsider be considered mittee on Foreign Relations be author- Moogalian, Frenchman Damien A., and made and laid upon the table with no ized to meet during the session of the Chris Norman, a British citizen. intervening action or debate. Senate on September 17, 2015, at 11:30 I would particularly like to recognize The PRESIDING OFFICER. Without a.m., to conduct a hearing entitled U.S. Air Force Airman First Class objection, it is so ordered. ‘‘State Department Processes in Estab- Spencer Stone, Oregon Army National The resolution (S. Res. 259) was lishing Tier Rankings for the 2015 Traf- Guard Specialist Aleksander agreed to. ficking in Persons Report.’’ Skarlatos, and California State Univer- The preamble was agreed to. The PRESIDING OFFICER. Without sity Sacramento student Anthony (The resolution, with its preamble, is objection, it is so ordered. Sadler, three childhood friends who printed in today’s RECORD under ‘‘Sub- COMMITTEE ON HEALTH, EDUCATION, LABOR, grew up in California, and thank them mitted Resolutions.’’) AND PENSIONS for their fearlessness, commitment to Mr. CORNYN. Mr. President, I ask one another, and swift action that f unanimous consent that the Com- saved countless lives. mittee on Health, Education, Labor, That day, aboard the train carrying WELCOMING KING FELIPE VI AND and Pensions be authorized to meet more than 500 passengers, a gunman QUEEN LETIZIA OF SPAIN ON during the session of the Senate on armed himself with a Kalashnikov THEIR OFFICIAL VISIT TO THE September 17, 2015, at 10 a.m., in room rifle, a pistol, a box cutter, hundreds of UNITED STATES SD–430 of the Dirksen Senate Office rounds of ammunition, and a container Mr. MCCONNELL. Mr. President, I Building to conduct a hearing entitled of gasoline, seeking to exact serious ask unanimous consent that the For- ‘‘Biosimilar Implementation: A harm on innocent passengers. eign Relations Committee be dis- Progress Report from FDA.’’ In response to this threat, U.S. Air The PRESIDING OFFICER. Without Force Airman First Class Spencer charged from further consideration of objection, it is so ordered. Stone, Oregon Army National Guard S. Res. 253 and the Senate proceed to its immediate consideration. COMMITTEE ON THE JUDICIARY Specialist Aleksander Skarlatos, col- Mr. CORNYN. Mr. President, I ask lege student Anthony Sadler, Mark The PRESIDING OFFICER. Without unanimous consent that the Com- Moogalian, Chris Norman, and Damien objection, it is so ordered. mittee on the Judiciary be authorized A. took action to protect other pas- The clerk will report the resolution to meet during the session of the Sen- sengers. by title. ate on September 17, 2015, at 10:15 a.m., They subdued the gunman, risking The legislative clerk read as follows: in room SD–226 of the Dirksen Senate their lives for the safety of others and A resolution (S. Res. 253) welcoming King Office Building. representing the type of courage that Felipe VI and Queen Letizia of Spain on The PRESIDING OFFICER. Without should inspire us all. their official visit to the United States, in- objection, it is so ordered. Initially, Damien A. and Mark cluding visits to Miami and St. Augustine, Florida. SELECT COMMITTEE ON INTELLIGENCE Moogalian encountered the gunman Mr. CORNYN. Mr. President, I ask and tried to disarm him. In the strug- There being no objection, the Senate unanimous consent that the Select gle, Mark Moogalian suffered a gunshot proceeded to consider the resolution. Committee on Intelligence be author- wound. We wish Mark Moogalian a full Mr. MCCONNELL. Mr. President, I ized to meet during the session of the and speedy recovery from his wounds, ask unanimous consent that the reso- Senate on September 17, 2015, at 2:30 and thank him for his courageous ac- lution be agreed to, the preamble be p.m. tion. agreed to, and the motions to recon- The PRESIDING OFFICER. Without Upon noticing the disruption, U.S. sider be considered made and laid upon objection, it is so ordered. Air Force Airman First Class Spencer the table with no intervening action or debate. f Stone saw the gunman in the passenger car and immediately tried to subdue The PRESIDING OFFICER. Without HONORING THE BRAVERY AND him. objection, it is so ordered. HEROISM OF THOSE WHO SELF- He grabbed the gunman around the The resolution (S. Res. 253) was LESSLY PREVENTED A DEADLY neck to prevent the gunman from agreed to. TERRORIST ATTACK ON AUGUST shooting his weapon. U.S. Air Force The preamble was agreed to. 21, 2015 Airman First Class Spencer Stone suf- (The resolution, with its preamble, is Mr. MCCONNELL. Mr. President, I fered multiple box cutter wounds while printed in the RECORD of September 15, ask unanimous consent that the Sen- wrestling the gunman. 2015, under ‘‘Submitted Resolutions.’’)

VerDate Sep 11 2014 06:08 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A17SE6.025 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 17, 2015 CONGRESSIONAL RECORD — SENATE S6819 EMERGENCY INFORMATION SECTION 1. SHORT TITLE. may share the certificate with another ap- IMPROVEMENT ACT OF 2015 This Act may be cited as the ‘‘Competitive pointing authority only if the announcement Service Act of 2015’’. of the original position provided notice that Mr. MCCONNELL. Mr. President, I SEC. 2. ADDITIONAL APPOINTING AUTHORITIES the resulting list of eligible candidates may ask unanimous consent that the Sen- FOR COMPETITIVE SERVICE. be used by another appointing authority. ate proceed to the immediate consider- (a) IN GENERAL.—Section 3318 of title 5, ‘‘(4) REQUIREMENTS.—The selection of an ation of Calendar No. 227, S. 1090. United States Code, is amended— individual under paragraph (2)— The PRESIDING OFFICER. The (1) by redesignating subsections (b) and (c) ‘‘(A) shall be made in accordance with this as subsections (c) and (d), respectively; and subsection; and clerk will report the bill by title. (2) by inserting after subsection (a) the fol- The legislative clerk read as follows: ‘‘(B) subject to paragraph (5), may be made lowing: without any additional posting under section A bill (S. 1090) to amend the Robert T. ‘‘(b) OTHER APPOINTING AUTHORITIES.— 3327. ‘‘(1) IN GENERAL.—During the 240-day pe- Stafford Disaster Relief and Emergency As- ‘‘(5) INTERNAL NOTICE.—Before selecting an sistance Act to provide eligibility for broad- riod beginning on the date of issuance of a individual under paragraph (2), and subject casting facilities to receive certain disaster certificate of eligibles under section 3317(a), to the requirements of any collective bar- an appointing authority other than the ap- assistance, and for other purposes. gaining obligation of the other appointing pointing authority requesting the certificate authority (within the meaning given that There being no objection, the Senate (in this subsection referred to as the ‘other term in section 3318(b)(1)), the other appoint- proceeded to consider the bill. appointing authority’) may select an indi- ing official shall— Mr. MCCONNELL. Mr. President, I vidual from that certificate in accordance ‘‘(A) provide notice of the available posi- ask unanimous consent that the bill be with this subsection for an appointment to a tion to employees of the appointing author- position that is— read a third time and passed and the ity employing the other appointing official; ‘‘(A) in the same occupational series as the motion to reconsider be considered ‘‘(B) provide up to 10 business days for em- position for which the certification of eligi- made and laid upon the table. ployees of the other appointing authority to bles was issued (in this subsection referred to The PRESIDING OFFICER. Without apply for the position; and as the ‘original position’); and ‘‘(C) review the qualifications of employees objection, it is so ordered. ‘‘(B) at a similar grade level as the original submitting an application. The bill (S. 1090) was ordered to be position. ‘‘(6) COLLECTIVE BARGAINING OBLIGATIONS.— engrossed for a third reading, was read ‘‘(2) APPLICABILITY.—An appointing au- Nothing in this subsection limits any collec- the third time, and passed, as follows: thority requesting a certificate of eligibles tive bargaining obligation of an agency may share the certificate with another ap- S. 1090 under chapter 71. pointing authority only if the announcement Be it enacted by the Senate and House of Rep- ‘‘(7) PREFERENCE ELIGIBLES.—Notwith- of the original position provided notice that resentatives of the United States of America in standing paragraphs (1) and (2), an appoint- the resulting list of eligible candidates may Congress assembled, ing official may not pass over a preference be used by another appointing authority. SECTION 1. SHORT TITLE. eligible in the same category from which se- ‘‘(3) REQUIREMENTS.—The selection of an lection is made, unless the requirements of This Act may be cited as the ‘‘Emergency individual under paragraph (1)— section 3317(b) and 3318(c), as applicable, are Information Improvement Act of 2015’’. ‘‘(A) shall be made in accordance with sub- satisfied.’’. SEC. 2. ELIGIBILITY OF BROADCASTING FACILI- section (a); and (c) TECHNICAL AND CONFORMING AMEND- TIES FOR CERTAIN DISASTER AS- ‘‘(B) subject to paragraph (4), may be made MENTS.— SISTANCE. without any additional posting under section (1) Section 3319(c)(2) of title 5, United (a) PRIVATE NONPROFIT FACILITY DE- 3327. States Code, is amended by striking FINED.—Section 102(11)(B) of the Robert T. ‘‘(4) INTERNAL NOTICE.—Before selecting an ‘‘3318(b)’’ and inserting ‘‘3318(c)’’. Stafford Disaster Relief and Emergency As- individual under paragraph (1), and subject (2) Section 9510(b)(5) of title 5, United sistance Act (42 U.S.C. 5122(11)(B)) is amend- to the requirements of any collective bar- States Code, is amended by striking ed by inserting ‘‘broadcasting facilities,’’ gaining obligation of the other appointing ‘‘3318(b)’’ and inserting ‘‘3318(c)’’. after ‘‘workshops,’’. authority, the other appointing authority (d) REGULATIONS.—Not later than 1 year (b) CRITICAL SERVICES DEFINED.—Section shall— after the date of enactment of this Act, the 406(a)(3)(B) of the Robert T. Stafford Disaster ‘‘(A) provide notice of the available posi- Director of the Office of Personnel Manage- Relief and Emergency Assistance Act (42 tion to employees of the other appointing ment shall issue an interim final rule with U.S.C. 5172(a)(3)(B)) is amended by striking authority; comment to carry out the amendments made ‘‘communications,’’ and inserting ‘‘commu- ‘‘(B) provide up to 10 business days for em- by this section. nications (including broadcast and tele- ployees of the other appointing authority to communications),’’. apply for the position; and f f ‘‘(C) review the qualifications of employees TSA OFFICE OF INSPECTION submitting an application. ACCOUNTABILITY ACT OF 2015 COMPETITIVE SERVICE ACT OF ‘‘(5) COLLECTIVE BARGAINING OBLIGATIONS.— 2015 Nothing in this subsection limits any collec- Mr. MCCONNELL. Mr. President, I tive bargaining obligation of an agency Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- under chapter 71.’’. ate proceed to the immediate consider- ask unanimous consent that the Sen- (b) ALTERNATIVE RANKING AND SELECTION ation of Calendar No. 191, H.R. 719. ate proceed to the immediate consider- PROCEDURES.—Section 3319 of title 5, United ation of Calendar No. 228, S. 1580. States Code, is amended by striking sub- The PRESIDING OFFICER. The The PRESIDING OFFICER. The section (c) and inserting the following: clerk will report the bill by title. clerk will report the bill by title. ‘‘(c) SELECTION.— The legislative clerk read as follows: The legislative clerk read as follows: ‘‘(1) IN GENERAL.—An appointing official A bill (H.R. 719) to require the Transpor- may select any applicant in the highest qual- A bill (S. 1580) to allow additional appoint- tation Security Administration to conform ity category or, if fewer than 3 candidates to existing Federal law and regulations re- ing authorities to select individuals from have been assigned to the highest quality competitive service certificates. garding criminal investigator positions, and category, in a merged category consisting of for other purposes. There being no objection, the Senate the highest and the second highest quality There being no objection, the Senate proceeded to consider the bill. categories. proceeded to consider the bill, which Mr. MCCONNELL. Mr. President, I ‘‘(2) USE BY OTHER APPOINTING OFFICIALS.— Under regulations prescribed by the Office of had been reported from the Committee ask unanimous consent that the bill be Personnel Management, appointing officials on Commerce, Science, and Transpor- read a third time and passed and the other than the appointing official described tation, with an amendment to strike motion to reconsider be considered in paragraph (1) (in this subsection referred all after the enacting clause and insert made and laid upon the table. to as the ‘other appointing official’) may se- in lieu thereof the following: The PRESIDING OFFICER. Without lect an applicant for an appointment to a po- objection, it is so ordered. sition that is— SECTION 1. SHORT TITLE. The bill (S. 1580) was ordered to be ‘‘(A) in the same occupational series as the This Act may be cited as the ‘‘TSA Office of Inspection Accountability Act of 2015’’. engrossed for a third reading, was read position for which the certification of eligi- the third time, and passed, as follows: bles was issued (in this subsection referred to SEC. 2. FINDINGS. as the ‘original position’); and Congress makes the following findings: S. 1580 ‘‘(B) at a similar grade level as the original (1) Consistent with Federal law and regula- Be it enacted by the Senate and House of Rep- position. tions, for law enforcement officers to qualify for resentatives of the United States of America in ‘‘(3) APPLICABILITY.—An appointing au- premium pay as criminal investigators, the offi- Congress assembled, thority requesting a certificate of eligibles cers must, in general, spend on average at least

VerDate Sep 11 2014 03:27 Sep 18, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 6333 E:\CR\FM\G17SE6.078 S17SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6820 CONGRESSIONAL RECORD — SENATE September 17, 2015 50 percent of their time investigating, appre- title 5, United States Code, are classified as (Purpose: To require the Assistant Secretary hending, or detaining individuals suspected or criminal investigators and are receiving pre- to submit certain materials and informa- convicted of offenses against the criminal laws mium pay and other benefits associated with tion to the Committee on the Judiciary of of the United States. such classification. the Senate and the Inspector General of (2) According to the Inspector General of the (b) EMPLOYEE RECLASSIFICATION.—The Assist- the Department of Homeland Security to Department of Homeland Security (DHS IG), the ant Secretary shall reclassify criminal investi- submit a study to the Committee on Home- Transportation Security Administration (TSA) gator positions in the Office of Inspection as land Security and Governmental Affairs of does not ensure that its cadre of criminal inves- noncriminal investigator positions or non-law the Senate) tigators in the Office of Inspection are meeting enforcement positions if the individuals in those On page 12, line 11, insert ‘‘and the Com- this requirement, even though they are consid- positions do not, or are not expected to, spend mittee on the Judiciary’’ after ‘‘Transpor- ered law enforcement officers under TSA policy an average of at least 50 percent of their time tation’’. performing criminal investigative duties. and receive premium pay. On page 13, line 4, insert ‘‘and the Committee (3) Instead, TSA criminal investigators in the (c) PROJECTED COST SAVINGS.— (1) IN GENERAL.—The Assistant Secretary on Homeland Security and Governmental Af- Office of Inspection primarily monitor the re- fairs’’ after ‘‘Transportation’’. sults of criminal investigations conducted by shall estimate the total long-term cost savings to other agencies, investigate administrative cases the Federal Government resulting from the im- The committee-reported amendment of TSA employee misconduct, and carry out in- plementation of subsection (b), and provide such in the nature of a substitute, as amend- spections, covert tests, and internal reviews, estimate to the Committee on Homeland Security ed, was agreed to. which the DHS IG asserts could be performed by of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- The amendment was ordered to be employees other than criminal investigators at a engrossed, and the bill to be read a lower cost. tation of the Senate by not later than 180 days (4) The premium pay and other benefits af- after the date of enactment of this Act. third time. forded to TSA criminal investigators in the Of- (2) CONTENTS.—Such estimate shall identify The bill was read the third time. fice of Inspection who are incorrectly classified savings associated with the positions reclassified The bill (H.R. 719), as amended, was as such will cost the taxpayer as much as $17 under subsection (b) and include, among other passed. million over 5 years if TSA fails to make any factors the Assistant Secretary considers appro- priate, savings from— changes to the number of criminal investigators f in the Office of Inspection, according to the (A) law enforcement training; (B) early retirement benefits; DHS IG. (C) law enforcement availability and other (5) This may be a conservative estimate, as it premium pay; and ORDERS FOR MONDAY, accounts for the cost of Law Enforcement Avail- (D) weapons, vehicles, and communications SEPTEMBER 21, 2015 ability Pay, but not the costs of law enforcement devices. training, statutory early retirement benefits, po- Mr. MCCONNELL. Mr. President, I SEC. 6. INVESTIGATION OF FEDERAL AIR MAR- ask unanimous consent that when the lice vehicles, and weapons. SHAL SERVICE MISCONDUCT. SEC. 3. DEFINITIONS. Not later than 90 days after the date of the Senate completes its business today, it In this Act: enactment of this Act, or as soon as practicable, adjourn until 2 p.m., Monday, Sep- (1) ADMINISTRATION.—The term ‘‘Administra- the Assistant Secretary shall submit to the Com- tember 21; that following the prayer tion’’ means the Transportation Security Ad- mittee on Homeland Security of the House of and pledge, the morning hour be ministration. Representatives and the Committee on Com- deemed expired, the Journal of pro- (2) ASSISTANT SECRETARY.—The term ‘‘Assist- merce, Science, and Transportation of the Sen- ceedings be approved to date, and the ant Secretary’’ means the Assistant Secretary of ate— time for the two leaders be reserved for Homeland Security (Transportation Security) of (1) materials in the possession or control of the Department of Homeland Security. the Department of Homeland Security associ- their use later in the day; finally, that (3) INSPECTOR GENERAL.—The term ‘‘Inspector ated with the Office of Inspection’s review of in- following leader remarks, the Senate General’’ means the Inspector General of the stances in which Federal Air Marshal Service resume consideration of the motion to Department of Homeland Security. officials obtained discounted or free firearms for proceed to H.R. 36. SEC. 4. INSPECTOR GENERAL AUDIT. personal use; and The PRESIDING OFFICER. Without (a) AUDIT.—Not later than 60 days after the (2) information on specific actions that will be objection, it is so ordered. date of the enactment of this Act, the Inspector taken to prevent Federal Air Marshal Service of- General shall analyze the data and methods ficials from using their official positions, or ex- f that the Assistant Secretary uses to identify Of- ploiting, in any way, the Service’s relationships fice of Inspection employees of the Administra- with private vendors to obtain discounted or tion who meet the requirements of sections free firearms for personal use. ADJOURNMENT UNTIL MONDAY, 8331(20), 8401(17), and 5545a of title 5, United SEC. 7. STUDY. SEPTEMBER 21, 2015, AT 2 P.M. States Code, and provide the relevant findings Not later than 180 days after the date that the to the Assistant Secretary, including a finding Assistant Secretary submits the certification to Mr. MCCONNELL. Mr. President, if on whether the data and methods are adequate Congress under section 5(a), the Inspector Gen- there is no further business to come be- and valid. eral of the Department of Homeland Security fore the Senate, I ask unanimous con- (b) PROHIBITION ON HIRING.—If the Inspector shall submit to the Committee on Homeland Se- sent that it stand adjourned under the General finds that such data and methods are curity of the House of Representatives and the previous order. inadequate or invalid, the Administration shall Committee on Commerce, Science, and Transpor- tation of the Senate a study— There being no objection, the Senate, not hire any new employee to work in the Office at 6:20 p.m., adjourned until Monday, of Inspection of the Administration until— (1) reviewing the employee requirements, re- (1) the Assistant Secretary makes a certifi- sponsibilities, and benefits of criminal investiga- September 21, 2015, at 2 p.m. cation described in section 5 to the Committee on tors in the TSA Office of Inspection with crimi- Homeland Security of the House of Representa- nal investigators employed at agencies adhering f tives and the Committee on Commerce, Science, to the Office of Personnel Management em- ployee classification system; and and Transportation of the Senate; and CONFIRMATIONS (2) the Inspector General submits to such (2) identifying any inconsistencies and costs Committees a finding, not later than 30 days implications for differences between the varying Executive nominations confirmed by employee requirements, responsibilities, and after the Assistant Secretary makes such certifi- the Senate September 17, 2015: cation, that the Assistant Secretary utilized ade- benefits. DEPARTMENT OF JUSTICE quate and valid data and methods to make such Mr. MCCONNELL. Mr. President, I certification. ask unanimous consent that the Thune MICHAEL C. MCGOWAN, OF DELAWARE, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF DELAWARE, SEC. 5. TSA OFFICE OF INSPECTION WORKFORCE amendment to the committee-reported FOR THE TERM OF FOUR YEARS. CERTIFICATION. substitute amendment be agreed to, UNITED STATES ADVISORY COMMISSION ON (a) CERTIFICATION TO CONGRESS.—The Assist- that the substitute amendment, as PUBLIC DIPLOMACY ant Secretary shall, by not later than 90 days amended, be agreed to, that the bill, as SIM FARAR, OF CALIFORNIA, TO BE A MEMBER OF THE after the date the Inspector General provides its amended, be read a third time and findings to the Assistant Secretary under section UNITED STATES ADVISORY COMMISSION ON PUBLIC DI- passed, and that the motion to recon- PLOMACY FOR A TERM EXPIRING JULY 1, 2015. 4(a), document and certify in writing to the SIM FARAR, OF CALIFORNIA, TO BE A MEMBER OF THE Committee on Homeland Security of the House sider be considered made and laid upon UNITED STATES ADVISORY COMMISSION ON PUBLIC DI- the table. PLOMACY FOR A TERM EXPIRING JULY 1, 2018. of Representatives and the Committee on Com- WILLIAM JOSEPH HYBL, OF COLORADO, TO BE A MEM- merce, Science, and Transportation of the Sen- The PRESIDING OFFICER. Without BER OF THE UNITED STATES ADVISORY COMMISSION ON ate that only those Office of Inspection employ- objection, it is so ordered. PUBLIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2015. WILLIAM JOSEPH HYBL, OF COLORADO, TO BE A MEM- ees of the Administration who meet the require- The amendment (No. 2666) was agreed BER OF THE UNITED STATES ADVISORY COMMISSION ON ments of sections 8331(20), 8401(17), and 5545a of to, as follows: PUBLIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2018.

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