E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION

Vol. 160 WASHINGTON, WEDNESDAY, SEPTEMBER 10, 2014 No. 129 Senate The Senate met at 9:30 a.m. and was Mr. MARKEY thereupon assumed the We do know what is going on in the called to order by the Honorable ED- Chair as Acting President pro tempore. world separate and apart from that WARD J. MARKEY, a Senator from the f meeting at the White House. There is a Commonwealth of Massachusetts. murderous, vile terrorist group that is RECOGNITION OF THE MAJORITY taking over parts of Iraq and is trying LEADER PRAYER to move into other parts of the world The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- in the Middle East. Their brutality is fered the following prayer: pore. The majority leader is recog- unprecedented, especially unprece- Let us pray. nized. dented in that they want to advertise Eternal God, our rock, our fortress, f how vile they are. They are so vicious, and our deliverer, You know when we SCHEDULE going after everyone—civilians, sit and when we rise. Before a word is women, children—trying to eliminate Mr. REID. Mr. President, following on our tongue, You know it com- anyone who they think disagrees with my remarks and those of the Repub- pletely. Guide us and our lawmakers them. They have targeted minorities, lican leader, the Senate will resume with Your spirit’s wisdom, keeping us they have targeted Jews, Christians, consideration of the motion to proceed from paths that lead to ruin. May we and anyone whom they disagree with— to S.J. Res 19 postcloture. That is the seek the wages of righteousness that religious minorities. We saw that. We legislation of the constitutional will bring us life. Make the mouths of had thousands and thousands of an- amendment to allow us to set the cam- our Senators fountains of life that will cient religious minorities trapped on a bring peace and stability to our world. paign spending limits and not have the battle with the billionaires trying to mountain by these vicious, vile people. Give us all a reverence for You that Of course, they are after any Amer- buy America. At 2 p.m. all postcloture will enable us to serve Your purposes ican. The two innocent journalists who time will be considered expired and the for our lives in this generation. were out just covering the news were We pray in Your sacred Name. Amen. Senate will proceed to vote on the mo- tion to proceed. I expect this vote to be beheaded and they advertised the be- f done by voice. headings. The Islamic State or ISIS— PLEDGE OF ALLEGIANCE Shortly after 2 p.m. we expect a roll- whatever we want to call them—will be stopped. They must be stopped and The Presiding Officer led the Pledge call vote relative to the paycheck fair- ness bill. That legislation deals with, they need to be destroyed and they will of Allegiance, as follows: be destroyed. I pledge allegiance to the Flag of the for example, my daughter doing the exact same work as her male counter- President Obama has taken decisive United States of America, and to the Repub- action during the month of August to lic for which it stands, one nation under God, part. She should make the same indivisible, with liberty and justice for all. amount of money. That is what this protect Americans and help prevent a humanitarian catastrophe. Yesterday f legislation is all about. We tried to move forward on it once before and we the President described his initiative APPOINTMENT OF ACTING were blocked by the Republicans. We to take on this terrorist group as we PRESIDENT PRO TEMPORE will see what happens again today. It move forward, and I support him. The PRESIDING OFFICER. The seems fair that my daughter should President Obama has made it clear it is clerk will please read a communication make the same amount of money for going to take decisive action to de- to the Senate from the President pro doing the same work as her male coun- stroy the Islamic State through the tempore (Mr. LEAHY). terpart. use of air strikes and drones. This is a The assistant legislative clerk read f smart, strategic, and effective ap- the following letter: proach and I support it. SUPPORTING OUR COMMANDER IN U.S. SENATE, But there are people in Congress who PRESIDENT PRO TEMPORE, CHIEF are taking advice from Dick Cheney. Washington, DC, September 10, 2014. Mr. REID. Mr. President, yesterday I He was here yesterday. I think they To the Senate: had the opportunity and good fortune better be very careful of the advice Under the provisions of rule I, paragraph 3, to be invited to the White House with they take from Dick Cheney. Dick Che- of the Standing Rules of the Senate, I hereby Speaker BOEHNER, Leader PELOSI, and ney is more responsible than anyone appoint the Honorable EDWARD J. MARKEY, a Senator from the Commonwealth of Massa- Leader MCCONNELL. We spent more else for the worst foreign policy deci- chusetts, to perform the duties of the Chair. than an hour with the President and sion in the history of the country, the PATRICK J. LEAHY, Vice President talking about what is invasion of Iraq. Almost 6,000 dead President pro tempore. going on in the world. Americans and tens of thousands

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

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VerDate Mar 15 2010 01:04 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.000 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5466 CONGRESSIONAL RECORD — SENATE September 10, 2014 wounded, thousands and thousands part of the coalition that has stepped of Kentucky, and since there has been grievously wounded. Our fighting men forward, and there are many other no shortage of issues to keep people up and women did a yeoman’s job. They countries the President met with in at night over the past few months, I made us proud. But was that war nec- Europe just a few days ago. We need to got a lot of straight talk on a lot of essary? In hindsight, it appears to me build a coalition, and that is what he is topics. I heard a lot about the crisis at it wasn’t. Not only have we lost thou- doing, rather than declaring war today. the border, about lost health care sands of American lives, it has desta- Title 10 authority is something we plans, the chronic shortage of good bilized the whole Middle East and hun- need. jobs, stagnant wages, even Ebola, the dreds of thousands—hundreds of thou- I repeat. Going it alone will not suf- spread of which is a threat that must sands—hundreds of thousands—hun- fice. I also believe that as Commander be taken seriously. dreds of thousands of Iraqis have been in Chief the President has the author- Yet one issue that kept coming up is killed. They are now gone. ity he needs now to act against ISIS. I America’s role in the world and the But there are some pushing hard in believe the vast majority of the Mem- growing sense that some in Washington Congress to authorize use of military bers of Congress agree with that. Now are more or less content to let others force right now—right now. Dick Che- it is critical we support our Com- shape our destiny for us. For many ney was here yesterday. I guess that is mander in Chief as he takes this deci- that concern was crystallized when whom they are following. But wouldn’t sive action. I am amazed—amazed— they witnessed the barbaric execution it be a good idea for us to stand back a that some Members of Congress want of an American citizen by an ISIL ter- little bit and see what the President of to rush to war, because that is what rorist and the halting reaction to it by the United States has to say tonight? they are talking about is a war. How a President who has yet to find his He is addressing the Nation. Let’s did that work out for us last time? Not footing when it comes to dealing with allow him to speak to our country, to so well. The Bush-Cheney strategy of this group that clearly has the will, the our fellow citizens, and lay out his rushing into conflict didn’t work then means, and the sanctuary it needs to plan. and it will not work now. Let’s be cau- do more. It is absolutely critical that the tious and let’s be deliberate. Last week the White House an- American people and Congress hear di- I repeat. Former Vice President Che- nounced that the President plans to ex- rectly from the President of the United ney was here yesterday giving the Re- plain the nature of the threat ISIL States. publicans a pep talk. He gave them ad- poses in a speech to the American peo- In the Senate we are going to have an vice on foreign policy. Please—please— ple tonight. Well, after spending a all-Senators briefing tomorrow after- taking advice from Dick Cheney on for- month talking with folks in Kentucky, noon. The administration will come to eign policy, that is a terrifying pros- it is pretty clear—to me, at least—that one of our classified rooms in the Cap- pect. We should be learning from our the American people fully appreciate itol complex and lay out to us in detail past mistakes, not repeating them. the nature of this threat. After the be- what is going on that is not in the Air strikes and strategic use of headings of two American citizens, news. So every Member of this body drones and of course covert action are they don’t want an explanation of what is happening, they want a plan. They will have a chance to get as much in- the most effective ways to take out want some Presidential leadership. formation as possible. The President ISIS without committing American troops, placing troops in harm’s way. I hope the President lays out a cred- speaks tonight. Tomorrow afternoon So I support President Obama’s deci- ible plan to defeat ISIL. I hope he out- there is a briefing. lines the steps he intends to take be- It is clear—the President has said so sion not to send in ground troops. That yond simply the defense of Baghdad, publicly, his administration has said so is not an option for the American peo- Erbil, Sinjar, and Amerli, and what publicly, and the officials who work di- ple. I can guarantee everyone that legal authorities and resources he rectly with the White House—he is within the sound of my voice. But now that the Republicans are thinks are required to execute a suc- doing his utmost. He just returned taking advice from Dick Cheney on for- cessful campaign against ISIL. But the from Europe and much of the time that eign policy, I am concerned they once fact is the rise of ISIL is not an iso- was spent there in the NATO con- again will rush to commit U.S. troops lated failure. The spread of ISIL oc- ference was about what they are going to a ground war in the Middle East curred in a particular context, and if to do to go after this evil in the Middle when we could accomplish the mission we hope to defeat this threat, we need East, this ISIS group. He is doing his in a more strategic way. to come to terms with that now. utmost to build a robust international I say to Democrats and Republicans, So before speaking with a little more coalition including the Sunni Arab let’s destroy these despicable terror- specificity about ISIL and the ongoing States. ists, but let’s do it the right way this threat of global terrorism, I would like For this mission to be successful, of time. The President knows and the to briefly restate my concerns about course, Sunni Arab countries must American people know we have to take the consequences of the President’s for- play a role and they will do that. That decisive action. The President knows eign policy, as I warned a few months is being worked on as we speak. how to destroy terrorists and their or- ago, because ISIL’s military advance It is clear to me that we need to ganization. Osama bin Laden is proof of across Syria and Iraq carries a much train and equip Syrian rebels and other that. larger lesson—a lesson that should groups in the Middle East that need Let’s give the President of the United prompt the President to reconsider and some help. It is called title 10 author- States the time to do this the right revise his overall national security pol- ity. The rebels have tried to get it from way. Troops are out there defending us icy and better prepare the country and us and they should get it. That is our as we speak. They are not Democrats. our military to confront the threats way of building an international coali- They are not Republicans. They are that will survive his time in office. tion. Congress should do that. The Re- not Independents. They are fighting for First, it is important to note a few of publicans are worried about money. us to protect Americans. We need com- the consistent objectives that have al- There is money to do that. The chair- mitted, decisive action to stop ISIS. ways characterized this President’s na- man of the Armed Services Committee tional security policy: drawing down f is on the floor and he can certainly our conventional and nuclear forces, vouch for that. It would give authority RECOGNITION OF THE MINORITY withdrawing from Iraq and Afghani- for the President to help equip these LEADER stan, and placing a greater reliance rebels. The ACTING PRESIDENT pro tem- upon international organizations and Going it alone is not going to work. pore. The Republican leader is recog- diplomacy. We must have the support of the inter- nized. As I have noted on other occasions, I national community if we are to rid f have serious differences with the Presi- the world of ISIS. We know France—I dent over this approach. In my view, at least believe that—has stepped for- MIDDLE EAST STRATEGY we have a duty as a superpower with- ward, I believe Great Britain has Mr. MCCONNELL. Last month I got out imperialistic aims to help main- stepped forward, I understand Poland is to spend a lot of time with the people tain international order and balance of

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But Ameri- ders signed his first week in office of partnerships from South Asia to the cans don’t want a lecture, they want a which included the declaration that Sahel to be funded by a $5 billion plan—a credible, comprehensive plan Guantanamo would be closed within a counterterror partnership fund for to deal with this menace that clearly year without any plan on what to do which Congress has yet to receive a wants to harm us here at home and is with its detainees and the Executive viable plan. In those cases where indig- only becoming stronger by the day. orders that ended the CIA’s detention enous forces prove insufficient and a The Chairman of the Joint Chiefs of and interrogation programs at the need for direct action actually arises, Staff General Dempsey has said that same time. In May of this year the the President announced his intent to defeating ISIL will require military ac- President also announced that all of resort to the use of armed, unmanned tion within Syria, and the President our combat forces would be withdrawn aerial vehicles for strikes, as has been has now declared that defeating ISIL is from Afghanistan by the end of this done in Yemen and Somalia. By de- his objective. Tonight the President term whether or not the Taliban is suc- ploying special operations forces, the needs to set forth the military strategy cessful in capturing parts of Afghani- President hoped to manage the diffuse and the means required to defeat ISIL stan, whether or not Al Qaeda’s senior threat posed by Al Qaeda in the Ara- and to link those actions to any addi- leadership has found a more permissive bian Peninsula, Boko Haram, terrorist tional authorization and appropria- environment in the tribal areas of networks inside of Libya that now tions he would like to see from Con- Pakistan, and whether or not Al Qaeda threaten Egypt, the al-Nusrah front, gress. If the President develops a re- has been driven from Afghanistan. the Taliban, ISIL, and other terrorist gional strategy, builds a combat-effec- All of this underscores something I groups. tive military coalition, and explains have been suggesting for some time— But as the nature of terrorist how his strategy will lead to the defeat that the President is a rather reluctant insurgencies has evolved, the President of ISIL, I believe he will have signifi- Commander in Chief—because between sees no need to reverse the harmful cant congressional support. This is no those two bookends much has occurred damage of the defense cuts he insisted small matter. If Congress is asked to to undermine our Nation’s national se- upon, to rebuild our conventional and support a strategy, it needs to be a curity. Yet, tragically, the President nuclear forces or to accept that leaving strategy that is designed to succeed has not adapted accordingly. behind residual forces in Iraq and Af- We have seen the failure to negotiate and not a mere restatement of current ghanistan is an effective means by a status of forces agreement with Iraq policy which we know is insufficient to that would have allowed for a residual which to preserve the strategic gains the task. The President must seize this oppor- military force and likely prevented the we have made over the years through tunity to lead. This is not the time to assault by the Islamic State of Syria tremendous sacrifice. The truth is that the threat of some shirk or put off his solemn responsibil- and the Levant. We have seen how the President’s in- of these al Qaeda affiliates, associated ities as Commander in Chief because ability to see Russia and China as the groups, or independent terrorist orga- passing off this threat to his successor dissatisfied regional powers they are, nizations has simply outpaced the would not only be irresponsible, it intent on increasing their spheres of President’s economy-of-force concept. would increase the threat ISIL poses to influence, has exposed our own allies to In some cases the host nation’s mili- Americans by enabling it to secure its new risk. The failed reset with Russia tary, which we have trained and gains within Iraq and Syria. In my and the President’s commitment to a equipped, has proven to be inadequate view, ISIL’s campaign across Syria and world without nuclear weapons led him to defeat the insurgency in question, as Iraq presents the President with an op- to hastily sign an arms treaty with is the case with AQAP, the Taliban, or portunity. It is an opportunity to re- Russia that did nothing to substan- ISIL. In some cases the insurgency consider his failed national security tially reduce its nuclear stockpile or does not affiliate itself with al Qaeda policy. its tactical nuclear weapons. And, of or builds upon territorial gains before The President and his advisers may course, Russia was undeterred in its as- aspiring to attack the U.S. homeland. have convinced themselves of their sault upon Ukraine. The growth, advance, and evolution standard straw man argument that The President announced a strategic of ISIL presents a turning point for the anyone who disagrees with this failed pivot to the Asia-Pacific without any President. Will the fall of Anbar Prov- approach is bent on serial occupations real plan to fund it. This failure to in- ince and the threat posed by ISIL to or bent on invasions, but that is really vest in the kinds of naval, air, and Ma- Jordan, Saudi Arabia, and Turkey lead a false choice, and it is certainly not a rine Corps forces we will need to main- to a reconsideration of his entire na- plan. tain our dominance in this region in tional security policy, the kind I have It is time to put the straw man aside the years to come could have tragic alluded to here and elsewhere, or will and to realize the fight is not with his consequences down the road. the President confine himself within critics here at home, it is with ISIL. Of course, we have all seen how eager the bookends of shortsighted national That is why this morning I am calling the President was to declare an end to security policies that were originally on the President to present us with a the war on terror, but as the President conceived on the campaign trail back credible plan the American people have was focused on unwinding or reversing in 2008? been waiting for, explain our military past policies through Executive order, If prior events or arguments left the objectives, and rally public support for the threat from Al Qaeda and affiliated President unpersuaded, the emergence accomplishing them. That is what the groups only metastasized. Uprisings in and recent actions of ISIL should con- Commander in Chief should be doing at north Africa and the broader Middle vince him that the time has come to a moment such as this. East resulted in additional ungoverned revisit his prior assumptions and If the threat from ISIL demands the space in Syria, Libya, Egypt, and rethink his approach. ISIL is large and commitment of American resources Yemen. There were prison breaks in lethal, and its rapid growth has out- and the risk of American life, the Iraq, Pakistan, and Libya, and the re- paced the capacity of either the President has a duty to explain that to lease of hundreds of prisoners in Egypt. Peshmerga, the Iraqi security forces, the Nation and Congress this evening Terrorists also escaped from prisons in or the moderate Syrian opposition to even if it doesn’t conform with the tidy Yemen—a country that is no more contain it. Ominously, ISIL has devel- vision of world affairs he outlined as a ready to detain the terrorists at Guan- oped expertise in small-unit infantry candidate 6 years ago. If his strategy is tanamo today than they were back in tactics, the use of insurgent tactics, little more than a restatement of the 2009. and as a terrorist organization. As a re- current policies, if all he plans to do is

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Most of all, they ant principal Rodney Armes. ‘‘He got TURES INTENDED TO AFFECT want a plan, and that is what I am hop- his hair cut short and he was a Marine ELECTIONS—MOTION TO PRO- ing for tonight. from the day he signed up.’’ CEED f Matt was trained as a rifleman and The ACTING PRESIDENT pro tem- HONORING OUR ARMED FORCES assigned to the 3rd Battalion, 6th Ma- pore. Under the previous order, the rine Regiment, 2nd Marine Division, II Senate will resume consideration of LANCE CORPORAL MATTHIAS N. HANSON Marine Expeditionary Force based in the motion to proceed to S.J. Res. 19, Mr. MCCONNELL. Mr. President, I Camp Lejenue, NC. He was deployed to which the clerk will report. rise to mourn the loss of a U.S. marine Afghanistan in support of Operation The assistant legislative clerk read and a Kentuckian from the hometown Enduring Freedom in January of 2010. as follows: of Abraham Lincoln. LCpl Matthias N. Matt played a key role in a crucial Motion to proceed to Calendar No. 471, S.J. Hanson hailed from Lincoln’s birth- multiday battle in Afghanistan just Res 19, a joint resolution proposing an place of Hodgenville, KY, and was days before his death in mid-February amendment to the Constitution of the killed on February 21, 2010, of wounds United States relating to contributions and 2010. Matt’s platoon came under fire suffered as a result of conducting com- expenditures intended to affect elections. from Taliban forces in the town of bat operations in Helmand Province, The ACTING PRESIDENT pro tem- Marjah. Matt walked up, under air Afghanistan. He was 20 years old. pore. The Senator from Michigan. For his service in uniform, Lance cover, to the fortified bunker where the Mr. LEVIN. Mr. President, I ask that Corporal Hanson received several enemy fire was coming from and fired a I be allowed to proceed as in morning awards, medals, and decorations, in- grenade launcher into the bunker with business for up to 4 minutes. cluding the National Defense Service great poise and accuracy, killing the The ACTING PRESIDENT pro tem- Medal, the Global War on Terrorism enemy forces. ‘‘The battle was over,’’ pore. Without objection, it is so or- Service Medal, and the Purple Heart. said Matt’s father, thanks to his brav- dered. ‘‘Matt’s our hero because of how he ery. ‘‘He played a critical role,’’ says ISIL lived,’’ says the Reverend Norm Brock, Capt. Gordon Emmanuel, Matt’s pla- Mr. LEVIN. Mr. President, I believe who spoke at Matt’s memorial service. toon commander. ‘‘Anytime he shot he the President will lay out a strong ap- ‘‘Matt didn’t miss life. He lived life.’’ was on impact. Marines were cheering proach against ISIL tonight. That ap- Service was a proud tradition in with his shots.’’ proach will include going after them Matt’s family. His father Lowell R. Matt’s father was told by Matt’s pla- wherever they are located, including Hanson, Jr., served in the Army. One of toon sergeant and by Captain Emman- Syria. The President and Secretary Matt’s brothers is currently Active uel that Camp Hanson, once the big- Kerry are making every effort to help Duty Army, while the other is in the gest U.S. position in Marjah and well lead a broadly based coalition which is Army Reserve. Matt himself was born known to any Marine who has served in so critically important to avoid the in Germany on a military base. As the area, was established at that site in consequences of a Western go-it-alone Mary Huff, Matt’s mom, puts it: Matt Matt’s honor because of his actions. approach which was mistakenly used ‘‘had to go rogue and join the Ma- ‘‘The last time I saw [Matt] was on when we invaded Iraq. This President, like all Presidents, rines.’’ Christmas Eve 2009,’’ said Matt’s fa- will welcome bipartisan Congressional Matt had a strong work ethic in high ther. ‘‘He hugged me around the neck support, even though he has the au- school says his father Lowell: and said: Daddy, don’t worry about me. thority in this situation to act without He used to get up at 4:00 in the morning to Everybody dies. Not everybody has explicit Congressional authority. I milk cows on a nearby farm, then go to Jesus. Not everybody gets to be a Ma- school, then onto football practice, and back hope our friends on the other side of rine.’’ to work on the farm. Other people noticed the aisle will lay aside partisan attacks and were impressed by his work ethic, and I We are thinking of Matt’s family as I and make a true effort to find a way to was proud of him. He was determined that recount his life for my Senate col- take on ISIL in a united manner. A when he got old enough, he would join the leagues today. They include Matt’s strong bipartisan approach here in the Marines and serve his country. mother and stepfather Mary and Larry United States will help the President Growing up, Matt was known for his Huff; his father and stepmother Lowell and Secretary Kerry attain the explicit blue eyes and sneaky smile, and he had R. Hanson, Jr., and Cynthia Hanson; open support of a broad cross section of a way of talking himself out of any- his siblings Megan, Samantha, Erika, this world, including Arab and Muslim thing. Lowell, and Brendan; his grandparents; countries. He had an easygoing manner and a and many other beloved family mem- I yield the floor. lust for life. ‘‘He was quiet, a trickster bers and friends. The ACTING PRESIDENT pro tem- and a charmer,’’ says his mother. But Matt was buried with full military pore. The Senator from New Mexico. ultimately, he was a country boy who Mr. UDALL of New Mexico. Mr. honors in Hodgenville. The town that wanted to do right by his country. President, I rise today to talk about is the birthplace of one of America’s Matt was a country music fan who par- our constitutional amendment. I think greatest patriots, Abraham Lincoln, is ticularly liked the song ‘‘Way Out we have had a very good debate this also a fitting resting place for this Here’’ by Josh Thompson. He was week—an overdue debate. I want to brave young man and Marine. The ‘‘funny, energetic, really outgoing,’’ thank my colleagues for coming to the Commonwealth of Kentucky will never says family friend Emily Johnson. ‘‘He floor and for speaking out. But there forget the life and service of LCpl could make anyone laugh. He had the have also been many misrepresenta- Matthias N. Hanson or his ultimate brightest blue eyes ever. That’s what tions by the other side about what our sacrifice given freely to his country. It we’ll remember him as.’’ constitutional amendment would do. Matt graduated from LaRue County is thanks to men like him that our Na- Michael Keegan, the President of High School in Hodgenville, where he tion is free. People for the American Way, wrote a was a member of the football team and I yield the floor. piece in the Huffington Post yesterday. the Student Technology Association. He summed up the debate from the Next to his picture in the school year- f other side of the aisle quite well. He book he put the following quote: ‘‘Life said, ‘‘a good rule of thumb in politics moves pretty fast. If you don’t look RESERVATION OF LEADER TIME is that the scarier someone sounds, the around and pay attention, you could more you should doubt what they’re miss it.’’ The ACTING PRESIDENT pro tem- saying.’’ Soon after graduation he enlisted in pore. Under the previous order, the We heard some scary things in the the Marine Corps in the spring of 2008. leadership time is reserved. last couple of days. Lorne Michaels is

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.004 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5469 going to jail. And he is sharing a cell reasonableness requirement. This gime. Not a new anti-pastor task force. What with a little old lady who put up a $5 means that even if Congress did abuse we’re talking about is simply limiting the political yard sign. Books and movies its authority and passed the extreme amount of money that corporations and are banned. The NAACP, Sierra Club, laws that conservatives suggest, they wealthy individuals can spend to influence our elections. and moveon.org have been prohibited could still be overturned as unreason- This week, the Senate is debating a con- from speaking about politics—scary able. stitutional amendment that would overturn stuff but none of it is true. But more importantly, Members of recent Supreme Court decisions that have Erwin Chemerinsky, a great con- Congress who pass extreme laws can be paved the way for an explosion of big money stitutional scholar, recently wrote an held accountable by their constituents. in politics. In those decisions, including Citi- op-ed in the Hill, rebutting many of the The same cannot be said for Supreme zens United and this year’s McCutcheon, the claims we have heard. He wrote: Court justices willing to strike down Supreme Court radically redefined the First sensible regulations by a narrow ma- Amendment to allow corporations and the The amendment— wealthy to drown out the speech of everyday He is talking about our constitu- jority. Americans with nearly unlimited political tional amendment here. We also heard a quote from the late spending. The Democracy for All amendment Senator Ted Kennedy. Senator Ken- —gives no authority to the government to would restore to Congress and the states the ban or limit anyone’s speech. It provides the nedy did oppose a similar amendment power to impose reasonable restrictions on government no power to ‘‘muzzle’’ messages in 1997 and 2001. The truth is, we do not money in politics, just as they had before the the government doesn’t like. It does not know if he would oppose the amend- Supreme Court started to dismantle cam- change in any way the longstanding First ment today. paign finance laws. So, what are Mitch McConnell and Ted Amendment principle that the government Citizens United and McCutcheon Cruz so scared of? cannot restrict speech based on the content changed the landscape and changed it In fact, it wasn’t that long ago that Mitch of the message or the views expressed. The dramatically. Senator Kennedy was a McConnell supported the very laws that he is amendment would do no more than allow the champion for the underprivileged now dead-set on blocking. Back in 1987, government to regulate spending in election throughout his career—in civil rights, McConnell said he would support a constitu- campaigns. education, health care, the minimum tional amendment to allow Congress to regu- That is the heart of what we are wage. He stood up for those who did not late independent expenditures in elections— doing, regulating spending—out-of-con- have a voice, the very people who are just as the Democracy for All amendment trol spending—in election campaigns, harmed by most of these misguided Su- would. And then he introduced that very dark money, big interests weighing in constitutional amendment. Either McCon- preme Court decisions. nell has dramatically changed his mind re- in an unprecedented way. We do know some of Senator Ken- Professor Chemerinsky is right. S.J. garding what constitutes a threat to the nedy’s colleagues who also opposed the First Amendment, or he’s motivated by Res. 19 reaffirms the First Amendment amendment in the past are still here in something more cynical. principle of equality. It will undo the the Senate. They have reconsidered. So, if Mitch McConnell doesn’t actually damage done by the Court over the Chairman LEAHY, Senator DURBIN, the think that limiting the amount of money years, most recently with Citizens chairman of the Constitution sub- that wealthy interests can spend on elec- United and McCutcheon that said: tions is a violation of the First Amendment, committee. Thoughtful Senators who what is he up to? Could it be that he now Those with the most money have the felt an amendment was unnecessary in most free speech. Nothing in the finds it more useful to court the dollars of the past now see that it is the only way major donors than the votes of his constitu- amendment would permit the arrest of to fix a broken system. ents? anyone for engaging in political Changing the Constitution is a big Washington is the only place where cam- speech. It would not allow books or step not to be taken lightly. In the paign finance reform is a partisan issue. A movies to be banned. Federalist Paper No. 49, James Madi- poll this summer found that 73 percent of All the amendment does is restore to son argued the Constitution should be voters support a constitutional amendment Congress and the States the power to to get big money out of politics. Americans amended only on ‘‘great and extraor- know that our First Amendment is about set reasonable limits—reasonable lim- dinary occasions.’’ I agree. I also be- its—on campaign contributions and ex- protecting the speech of citizens, not the in- lieve we have reached one of those oc- terests of wealthy campaign donors. penditures, a traditional power that casions. Faced with a large, bipartisan grassroots the Court has stripped from us. The Thank you, Mr. President. I ask movement that threatens their big-spending amendment returns the First Amend- unanimous consent that the op-eds I friends, the only arguments that Mitch ment to its pre-Buckley interpretation referenced by Michael Keegan and McConnell and Ted Cruz have left are wild when money and speech were not the Erwin Chemerinsky be printed in the accusations, flat-out falsehoods, and out- landish interpretations of the Bill of Rights. same thing. RECORD. Prior to Buckley, we did not see the There being no objection, the mate- [From thehill.com, July 3, 2014] kind of legislation against free speech rial was ordered to be printed in the TED CRUZ SHOULD BE ASHAMED that my Republican colleagues envi- RECORD, as follows: (By Erwin Chemerinsky) sion, offering extreme examples of laws [From the Huffington Post, Sept. 9, 2014] Congress could pass. That is one way to Reasonable people can disagree on whether THE FIRST AMENDMENT ACCORDING TO MITCH argue against this amendment. But it it would be good to amend the Constitution MCCONNELL to overcome the Supreme Court’s decision in ignores the long history of laws Con- (By Michael Keegan) Citizens United v. Federal Election Commis- gress did pass to protect the voices of Have you heard that Senate Democrats are sion, but Sen. Ted Cruz’s (R–Texas) false individual voters. working this week to repeal free speech? I claims about the proposed amendment have These reforms were not radical. They did, yesterday morning, from Mitch McCon- no place in an informed debate. In a series of were narrowly tailored responses to re- nell. speeches and writings, Cruz has lied about store America’s faith in the political Have you heard that Democrats are going what the amendment would do. Surely we system after a lack of regulations led to go out and ‘‘muzzle’’ pastors who criticize can and must expect more from our elected to scandals and corruption. Let’s not them in the pulpit? officials. The occasion for Cruz’s wrath is a proposed forget that any law must pass both We did, from Ted Cruz. Did you hear that Democrats are going to constitutional amendment concerning cam- Houses of Congress and be signed by shut down conservative activists and then paign finance that is now being considered in the President. That is a significant ‘‘brainwash the next generation into believ- the Senate Judiciary Committee. The check against any radical legislation ing that this is how it should be’’? amendment’s purpose is to overturn the Su- getting passed or these days, against We did, last month, from the Family Re- preme Court’s recent decisions that have almost any legislation getting passed. search Council’s Tony Perkins. limited the ability of Congress and state gov- Critics also fail to acknowledge A good rule of thumb in politics is that the ernments to regulate campaign spending. something else. Our amendment does scarier someone sounds, the more you should In Citizens United v. Federal Election doubt what they’re saying. Another good Commission, in 2010, the Court, 5–4, declared not give Congress free reign to pass rule in politics is not to trust what Mitch unconstitutional a provision of federal law any and all campaign finance laws. McConnell says about money in politics. and held that corporations have the right to When the Court interprets any amend- Because, yes, that’s what we’re talking spend unlimited amounts of money in inde- ment to the Constitution, it reads in a about here. Not a secret new Orwellian re- pendent expenditures in election campaigns.

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.006 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5470 CONGRESSIONAL RECORD — SENATE September 10, 2014 This year, in McCutcheon v. Federal Elec- Mr. UDALL of New Mexico. Thank our side in this effort as we move for- tion Commission, again by a 5–4 margin, the you, Mr. President. I yield the floor ward, what the scope of our activities Court held unconstitutional another provi- and note the absence of a quorum. will be, and the limitations of that sion of federal law that regulated the total The ACTING PRESIDENT pro tem- scope of activities. The duration and amount that a person could contribute to candidates or political parties in a two-year pore. The clerk will call the roll. the justification, the constitutionality period. As Justice Breyer lamented in his The legislative clerk proceeded to and the legality are all critical issues, dissent, these cases ‘‘eviscerate’’ federal call the roll. and we await the words of the Presi- campaign finance law. Mr. DURBIN. Mr. President, I ask dent of the United States. The proposed constitutional amendment unanimous consent that the order for Most of us have held back at this seeks to restore the power of Congress and the quorum call be rescinded. point, waiting for the President’s the states to enact laws of the sort that the The ACTING PRESIDENT pro tem- statement, but some have not. Some Court declared unconstitutional in these pore. Without objection, it is so or- have already come to the floor of the cases. These laws existed without problems dered. Senate this morning to criticize the for many years until the Supreme Court de- Mr. DURBIN. Mr. President, I ask clared them unconstitutional. In fact, seven President when it comes to this issue years before Citizens United, the Supreme unanimous consent to speak as in of foreign policy. That is unfortunate. I Court upheld the very provision that it in- morning business. think the President is entitled to at validated in that case. The ACTING PRESIDENT pro tem- least present his case this evening be- The proposed constitutional amendment, pore. The Senator is recognized. fore people come to the floor and con- in its key provision, simply would say: ‘‘To AMERICA’S NATIONAL SECURITY demn the President’s foreign policy. advance democratic self-government and po- Mr. DURBIN. Mr. President, most We need to hear from the President litical equality, and to protect the integrity Members of the Senate and the House of government and the electoral process, what his plan is. And my hope is—and Congress and the States may regulate and of Representatives and the American it would be nothing short of a political set reasonable limits on the raising and people are awaiting the President’s miracle in Washington, DC—that there spending of money by candidates and others speech this evening. It is a critically would actually be bipartisan support to influence elections.’’ Another provision important speech about America’s na- for a plan emerging from the Presi- would make clear that the government can tional security from our Commander in dent’s statement tonight. limit campaign spending by corporations. Chief. It is going to address the horror Some of us may have our differences It is impossible to reconcile this language of terrorism in the Middle East and with Cruz’s claims about it. In a statement with some part of it. That is natural. to the Senate Judiciary Committee, Cruz de- particularly the Islamic state, a ter- That is our responsibility in the legis- clared: ‘‘This amendment here today, if rorist group like few others—maybe lative branch of our government. But adopted, would repeal the free speech protec- like none we have ever seen. we should try to find common ground tions of the First Amendment. . . . This This Islamic state, known as ISIS or where we can. When America speaks in amendment, if adopted, would give Congress ISIL, has been moving in full force in unity, with one voice, with one deter- absolute authority to regulate the political Syria and in Iraq. They are different mined effort, that is when we are speech of every single American, with no than other extremist terrorist groups strongest. limitations whatsoever.’’ because they take and hold territory. Similarly, in an op-ed in the Wall Street There was a time in the history of Journal, Cruz said, the amendment ‘‘gives That has not been seen in the past. this country—and I have lived through Congress power to regulate—and ban—speech They are also hell-bent on establishing part of it—when there would be vig- by everybody.’’ In remarks at the Family resources and ongoing visible treasury. orous debates on foreign policy on the Research Council, Cruz declared: ‘‘What it Some say they generate $1 million a floor of the House and on the floor of [the proposed amendment] says is that poli- day in revenues from the oil production the Senate, leading up to a vote on a ticians in Washington have unlimited con- they are in charge of. They swoop into critical question such as the invasion stitutional authority to muzzle each and a city and take over the banks, raiding of a country or a war. Even after a con- every one of you if you’re saying things that them of all the money they can get government finds inconvenient.’’ tentious and sometimes partisan de- The amendment does nothing of the sort. their hands on. bate, without fail—without fail—there It gives no authority to the government to In addition, they are engaged in some would be bipartisan support for the ban or limit anyone’s speech. It provides the of the most barbaric and depraved tac- emerging policy. government no power to ‘‘muzzle’’ messages tics we have seen. The beheading of People remember the war in Kuwait. the government doesn’t like. It does not two Americans comes to mind in- I was one who voted against it. Do my change in any way the long-standing First stantly. It is a heartbreaking situation colleagues know there was offered on Amendment principle that the government for their families and friends but an en- cannot restrict speech based on the content the floor of the House immediately of the message or the views expressed. The raging situation for all of America, to after the vote in favor of the Presi- amendment would do no more than allow the think that innocent journalists would dent’s policy a bipartisan resolution government to regulate spending in election be subjected to such horrific treat- supporting the President’s policy? That campaigns. ment. And they threaten to do more. It was considered the natural, reasonable Cruz’s repeat statements are more than isn’t just Americans who are in their thing to do. just political hyperbole. They are false asser- sights. They have targeted minorities. We can look back to the war in Iraq. tions intended to scare people into opposing They have targeted those who are Go back to October 11, 2002. On the the proposed constitutional amendment. In a statement before a subcommittee of struggling in Iraq to survive, and they floor of the Senate we had a debate the Senate Judiciary Committee, Cruz said, are prepared to literally force them that ended in a vote on the invasion of ‘‘Any politician who put his or her name to into starvation or death. It is a Iraq. It is one of those moments in my an amendment taking away the free speech harrowing situation. To think that career I will never forget because 23 of rights of every American, in my view, should some 11,000 or 12,000 of these ISIS ter- us voted no, including 1 Republican, be embarrassed.’’ But it is Cruz who should rorists have wreaked such havoc on the Lincoln Chafee, and 23 Democrats. We be embarrassed by his false assertions. Ted country of Iraq and the neighboring voted no on the invasion of Iraq. Cruz is a lawyer who had a very distin- country of Syria really is a wakeup It wasn’t long thereafter, though, guished career in government and private practice. I have debated him on several occa- call for America. that we were presented with appropria- sions and know that he is a person of great The President is going to speak to tions bills to fund the military effort in intelligence. He knows exactly what the pro- the situation this evening. We, of Iraq. I voted for them. The reason I posed amendment would do and yet has cho- course, want him to lay out the threat, voted for those appropriations is pretty sen to vilify it by misrepresenting it. and he will. We want him to spell out obvious. If it were my son, my daugh- Whether it is desirable to try and amend why this threat is important to the se- ter, my spouse fighting in Iraq, I would the Constitution to allow campaign finance curity and the future of the United want them to have every resource nec- regulations is the question to be debated. In States. I am certain he will. I want him this, and all debates, we should expect and essary to accomplish their mission and demand honesty from our elected officials. to speak as well to our approach and come home safely. Cruz, in his statements about the proposed how we are going to deal with this So there was a bipartisan consensus, campaign finance amendment, is far below threat, and I believe he will, in some even though there was a difference in the most minimal standards of honesty. detail. I want to know who else is on the formulation of foreign policy. I

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.002 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5471 hope that is what emerges tonight. I men and women who showed such her- ment typically found in the Federal hope once the President has stepped oism above and beyond the call of duty. surplus program. Tile saws and cutters, forward and said that this is a plan, let Firefighters, police, first responders, kneepads, mixers, scrapers, trowels, us work together toward that plan, and Americans from all walks of life and other hand tools are all items that that we will see some bipartisanship showed on that day that although ter- appear from time to time in the pro- emerging in the Senate and the House rorists might try to destroy our way of gram. He says he doesn’t need state-of- of Representatives. life, they cannot keep us down. Ameri- the-art equipment. Getting his hands We can have our differences and ques- cans do stand together when we are on something that works would be a tions, but at the end of the day we need threatened. big help to his veteran-owned business. to come together as a nation. This hor- Since that day, to support the global Then there is veteran Jim Sodaro. He rible terrorist group, which has be- war on terror, the Defense Department owns a bar and a snow removal busi- headed two innocent Americans and is says about 2.5 million Americans— ness in Springfield, IL. There are quite absolutely depraved in its conduct, is members of the Army, Navy, Air Force, a few surplus items that could help him going to continue. It is going to create Marines, Coast Guard, and related Na- operate his business and free up re- chaos in Iraq. It is going to destabilize tional Guard units—have been deployed sources for employees and overhead. that country, and it is going to endan- in Afghanistan and Iraq wars. Of those, Jim says he needs things such as ta- ger not only innocent people but it is more than one-third were deployed at bles, brooms, paint, and hand tools to going to endanger innocent Americans. least one time. More than 11,000 lost run his bar. His snow removal business Let’s listen carefully to what the their lives in those two wars. needs a pickup truck and other vehi- President has to say. There are ways we can show our grat- cles. This morning the majority leader itude and help our veterans, including We heard from Jason Harris, a Ma- HARRY REID of Nevada came to the service veterans from Operation Endur- rine Corps veteran who runs a popular floor and talked about a chance occur- ing Freedom and Operation Iraqi Free- landscaping business in Carbondale, IL. rence yesterday. Who should return to dom, now that they are home. Shawnee Landscaping designs and in- the Halls of the Capitol yesterday? Tomorrow I am introducing, along stalls patios, fencing, and retaining Former Vice President Richard Che- with Senator BLUMENTHAL of Con- walls for gardens and porches. Mr. Har- ney. What a moment for him to return necticut, the Veterans Small Business ris would benefit from Federal surplus to Washington as we debate foreign Enhancement Act. It will allow vet- equipment too: Bobcats, tractors and policy. We remember the foreign policy erans who own small businesses to par- loaders, hand tools and office supplies. of Vice President Cheney and others. ticipate in GSA’s excess Federal prop- Tom Lomelino is a retired Army vet- We know the price we paid for what erty program. This program makes eran and owner of the Lomelino Sign turned out to be some very question- items that the Federal agencies no Company in Jacksonville, IL. Mr. able, if not wrong, decisions. longer need available to nonprofits and Lomelino makes and installs adver- At the end of the day in Iraq, 4,476 other groups that have a justifiable tising signs. He can use a bucket truck, Americans lost their lives; 30,000 came need for the property. We are talking a backhoe, or other equipment needed home with serious injuries. We added $1 about everything from vehicles to com- for installation and maintenance. trillion to our national debt to pay for puters, office furniture, tools, and even All of these Illinois veterans have a it. heavy construction equipment. Partici- legitimate need for items that other- It was Vice President Cheney’s idea pants in the program can claim the wise would go to waste and we would that the United States would be strong items for their businesses if they dem- pay to destroy. Wouldn’t it be better to and muscular after the 9/11 attack, and onstrate a justifiable need for the prop- put these items in the hands of vet- he picked Iraq as a target. We would erty and they agree to pay for shipping erans so their businesses can succeed take out Saddam Hussein. The pur- and handling so there is no expense to and they can hire people in their local ported weapons of mass destruction the Federal Government. communities? I think so. Small busi- never existed, never were found, but we By keeping their equipment overhead ness is the engine of the American invaded nevertheless. Now comes low, in this way the small businesses economy. Our veterans have served our former Vice President Cheney again to can grow their businesses. If un- country well. Let us serve their next inspire his troops in terms of this con- claimed, the Federal property has to be phase in life and make sure their busi- flict. disposed of by our government as ex- nesses are successful. I hope not only Democrats but Re- cess property—and that costs money. I encourage my colleagues who want publicans as well will think twice The items have to be organized into to support the veterans and dispose of about that advice. We have listened to one physical location, then photo- surplus property in a productive way— this man’s counsel before, and the graphed, catalogued, and ultimately not an expensive way—so that it con- world did not turn out to be the place auctioned off to scrap dealers who pay tinues to make money for the United he promised it would be. pennies on the dollar. States to join me in support of this leg- Let us listen carefully, objectively, The National Association of State islation. and honestly to the President tonight. Agencies for Surplus Property, which I yield the floor. Let us try to find some common helps facilitate the GSA’s excess Fed- The PRESIDING OFFICER (Ms. ground as Americans where we can eral property program, estimates that HEITKAMP). The Senator from Massa- stand together against this terrorist taking surplus property off the Federal chusetts. threat. Government’s hands, pairing it with Mr. MARKEY. I ask to speak for up The President has made it clear to those who could use it, saved the to 10 minutes in morning business. all of us he is not going to be sending United States $200 million last year The PRESIDING OFFICER. Without ground troops into this Iraq situation. alone. objection, it is so ordered. We want to be careful that we don’t en- Minority-owned small businesses par- Mr. MARKEY. I rise today to speak gage ourselves in a long-term war in- ticipate in this program now and have about an issue that is fundamental to volving the vulnerability of our troops since 1999. My bill would extend that our democracy and vital to the future for a long period of time, so I was dis- opportunity to veteran-owned small of our Nation. This is an issue so im- appointed with some of the statements businesses as well. portant that it requires us to take the made on the floor this morning on the Veterans throughout Illinois have monumental step of amending our Con- other side. contacted me to let me know how the stitution. I hope Americans will listen care- surplus property program might help This is not an action any of us should fully, as I will tonight, to the Presi- their small businesses. take lightly, but our democracy is dent. Jim Ward, for example, a retired under assault and I will not stand by VETERANS SMALL BUSINESS ENHANCEMENT ACT Army veteran, owns a popular tile and watch the damage being done with- Tomorrow marks the 13th anniver- business in Mount Sterling, in west out trying to do something to repair it. sary of 9/11. Our thoughts turn to the central Illinois. His small business Because of the Supreme Court’s deci- Americans we lost that day and to the could benefit from maintenance equip- sion in Citizens United, a tsunami of

VerDate Mar 15 2010 01:04 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.010 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5472 CONGRESSIONAL RECORD — SENATE September 10, 2014 undisclosed, unlimited campaign fund- Today is our battle for net neu- those who think government should ing is corrupting our democracy. Our trality. Today we demonstrate on our work for the rich and the elite. They government is supposed to be about Web sites what paid prioritization real- are siding with those who think that checks and balances. Citizens United ly means: Web users stuck on a bumpy money equals speech and think it is OK and the recent McCutcheon decision gravel path while the select few whiz for the wealthy to drown out the voices make it more about who is writing the by on a sleek highway with their Inter- of the working folks, of the middle checks and how big is their bank bal- net E–Z passes. class, of everyone else. ance. In solidarity with netizens every- Our current election system is hurt- In the 2012 election, 60 percent of the where, I have posted on my Web site a ing our democracy by reducing public contributions to super PACs came from symbol familiar to Internet users ev- confidence in our elections and increas- just 159 donors. Sixty-four percent of erywhere—the loading symbol you get ing apathy in the political process. the money raised by the Senate can- when your video is waiting to appear After all, why should someone take didates came from a mere .04 of 1 per- because there is congestion on the net. time out to follow our political process cent of the population. My Web site today, along with count- and vote when our system leads them Our government is in jeopardy of no less others, serves as a harbinger of the to believe their vote does not make a longer being of the people but instead dark days that lie ahead if we let the difference? We simply cannot let that becoming of and for the wealthy. The broadband behemoths win. happen. voices of the majority of the American I believe we should never forget that I agree with my colleague from Ari- people, those of middle-class families, the net comes with a manufacturer’s zona, Senator MCCAIN, when he says seniors on fixed incomes, workers mak- guarantee: No one should have to ask that sooner or later our current system ing minimum wage, are being drowned for permission to innovate. is going to cause a scandal in this out by an ocean of campaign cash. This To prevent this from happening, this body. This body cannot afford to fall is utterly undemocratic and it needs to summer I led 12 of my Senate col- further out of favor with the American stop. leagues in urging the FCC to reclassify people. After all, negative numbers are Congress has tried to stop this tidal broadband as a telecommunications right around the corner. wave of unlimited money, but the Su- service under title II, enabling the The unprecedented amount of preme Court interprets the First Commission to put the strongest rules money—much of it unaccountable and Amendment not as a guarantee of free on the books to prevent discrimina- anything but transparent—is allowing speech but of who can pay to speak. As tion. corporations to have an outsized say in a result, our democracy is in peril. Internet access today is like tradi- not just who gets elected but how they Campaign finance limits don’t limit tional phone service was decades ago, act once they get into office. And trust our free speech. They increase it by en- it is essential for everyday living. But me, corporate voices already have plen- suring that every citizen can be heard if the ISPs have their way, the FCC ty of influence in Congress. It is put- and that no one gets unfair access to would turn the Internet from a demo- ting up walls between regular folks and our government at the expense of ev- cratic ‘‘Field of Dreams’’ into an exclu- elected leaders who spend more and eryone else. Campaign finance laws sive set of gated communities. more hours on the phone with donors don’t stifle democracy, they enhance But the good news is the online ac- or bowing to those who might finance it. tivist community—the Netroots and an outside ad campaign on their behalf We need to fix our broken campaign the startups, the Internet investors— and leaves less time for constituents. system. We need a constitutional have spoken out in favor of imple- Too many of the Justices—and too amendment that overturns the Citizens menting title II to protect net neu- many of our colleagues—do not under- United and McCutcheon decisions. trality. stand that many of Washington’s cur- Our democracy is based on the funda- I will continue to join with my col- rent problems are tied to our campaign mental principle that all voters, and leagues in the Senate to fight for an finance system. A lot of folks in the each and every vote cast, are created open and nondiscriminatory Internet Senate and the House talk about work- equal. People, not dollars, are the true because the future of our country de- ing together. They talk about reaching currency of our Constitution and de- pends upon it. mocracy. I yield back the remainder of my across the aisle for responsible solu- That is why I will be voting for Sen- time and I suggest the absence of a tions that move our country forward. ate Joint Resolution 19, to support a quorum. So what is holding them back? In many democracy for all attitudes in the The PRESIDING OFFICER. The cases, it is the threat of big money United States. clerk will call the roll. coming after them in their next elec- tion. NET NEUTRALITY The legislative clerk proceeded to I also rise in support of another prin- call the roll. We are not talking about Rick who ciple that enshrines democratization to Mr. TESTER. Madam President, I works at Walmart or Amanda who access of information and ideas: net ask unanimous consent that the order teaches third grade chipping in $20 for neutrality. for the quorum call be rescinded. a candidate they believe in. We are Net neutrality is as basic to the func- The PRESIDING OFFICER. Without talking about corporate executives tioning of the Internet as non- objection, it is so ordered. plowing millions—sometimes tens of discrimination is to the U.S. Constitu- Mr. TESTER. Madam President, as millions—of dollars into independent tion. In fact, net neutrality is just a many of you know, my wife and I still and often secretly financed campaigns. fancy word for nondiscrimination. farm, and for part of August I had the We have all seen colleagues hesitate The Internet is a success today be- pleasure to be able to be on the tractor to introduce legislation that is popular cause it is open to anyone with an idea. and have some quality time to think in their home State but were afraid it An open Internet enables freedom of about what makes our Nation great. would spur big-moneyed outside groups expression and the sharing of ideas There are many reasons, but one of to spend millions of dollars to defeat across town or across the world. Yet them is the belief that everyone has a them. When that happens, it leaves the vitality of this open platform is at say in the decisions we make in this constituents without any real say in stake. The FCC is currently consid- democracy, that each of us—from the who represents them. ering a proposal that could allow richest to the poorest—has an equal Lawmakers are also held back by the broadband providers to charge Web stake in electing our leaders and im- hostile political climate that these ex- sites, applications, and services more pacting how we govern. Unfortunately, pensive campaigns create. When you for faster delivery times to consumers. the Supreme Court has not figured that constantly see an ad that distorts your We cannot allow that to happen. out. record, and then you see a fellow Sen- That is why I am proud to stand with From the Citizens United case to this ator from out of State endorse that ad, the netizens—all Internet users—to year’s McCutcheon decision, the Jus- it makes it hard to compromise on leg- show what the Internet would look like tices continually side with big money islation with somebody that, quite with fast and slow lanes. and corporations. They are siding with frankly, you do not trust.

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.011 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5473 Politicians also know that most of I heard one of my colleagues suggest that tractor is still going to break the money in campaigns is on the ex- yesterday that we are threatening to down; the weather can be good, the tremes of the political spectrum. And silence the voice of the little old lady weather can be bad. It is still going to the extremes fight almost any sign of who wants to put up a yard sign in happen. compromise and the folks who are will- front of her home. In fact, it is quite The lesson is this. We are in this to- ing to get things done. Heck, why are the opposite. We are working to ensure gether, we all need to pitch in, and we we having trouble confirming ambas- that her voice is louder than that For- all deserve a fair and honest say in how sadors? It is because ‘‘compromise’’ is a tune 500 corporation—or at least as our election process works and our dirty word. It leads me to wonder: loud—when deciding the future of her leaders are elected. Could we do big things today like our town, her State or her country because I urge my colleagues to support Sen- predecessors did? Could we pull it to- that is what our country is supposed to ator UDALL on this important amend- gether to build an Interstate Highway be about, one person, one vote. ment. It is simply the right thing to do System or send a man to the Moon? Spending for the Senate election in for our democracy. Right now I think not. Montana in 2012 topped $50 million. I yield the floor and I suggest the ab- Supporters of the current system de- That is more than $100 for every vote sence of a quorum. fend their views by citing the Constitu- cast. In a State such as Montana, The PRESIDING OFFICER. The tion. They put up some fun charts here where the average household pulled in clerk will call the roll. on the Senate floor that cross out lines $45,000 in 2012, that is a big sum of Mr. FLAKE. Madam President, I ask of the First Amendment, pretending as money. It is the kind of money that unanimous consent that the order for if this legislation actually changes the can buy a lot of ads come election sea- the quorum call be rescinded. First Amendment. It is entertaining, son. It can give a platform to drown The PRESIDING OFFICER. Without but it is incorrect. out any other voice. objection, it is so ordered. I guarantee you that our Founding According to the Center for Respon- Mr. FLAKE. Madam President, I rise Fathers—men such as George Wash- sive Politics, spending by outside to speak against the bill before us, S.J. ington and Thomas Jefferson—would groups in this 2014 election cycle is cur- Res. 19. This is a constitutional amend- not want to see the Constitution used rently three times higher than the ment that would significantly curtail to justify our current campaign sys- amount spent at the same point in 2010, the free speech rights of all Americans. tem. Leaders such as Washington and and as of the end of August, outside I oppose this amendment because I Jefferson had a vision for our Nation. groups have spent about $170 million on believe that while it is critical to sup- They knew America would change with Federal midterm races—just the Fed- port speech with which we agree, it is the times as new technologies were de- eral part. Folks don’t spend that kind even more crucial to support speech veloped and new lands came into the of cash without thinking they are with which we disagree. Union. Back in 1787 there was no Mon- going to get a return on investment. Whether it has been campaign fi- tana. Things are out of control, make no nance laws or amendments to prohibit If the Framers warned against polit- mistake. flag burning, I have consistently op- ical parties, I can only imagine what Senator MCCAIN is right. Sooner or posed amending the Constitution to they would have to say about the rise later it will lead to another Watergate limit the First Amendment. of super PACs. or worse, and that is what is frus- As others have mentioned, if this Folks who support Citizens United trating. We know how the story of un- amendment is adopted, it would be the talk about protecting free speech and first time Congress has limited rights the First Amendment, but who is pro- checked money in politics ends. We protected in the Bill of Rights. This tecting the free speech of regular work- have seen it before. Yet the Supreme would be a very dangerous precedent to ing-class folks? Who is protecting the Court has opened the door to yet an- set. voice of the schoolteacher or the re- other scandal. So it is time to overturn By limiting the amount of money in- pairman being drowned out by special Citizens United, and it is time to over- dividuals and corporations can spend interests? With this amendment, we turn this year’s McCutcheon decision on elections, this amendment would are. which invalidated a 40-year-old law If the Congress needs inspiration, that limits the total amount of money clearly limit their rights under the they should look at my home State of an individual can contribute to cam- First Amendment. The Supreme Court Montana. More than 100 years ago paigns each cycle. has made clear that this would be tan- Montanans voted to limit the influence Since that ruling in April, about 300 tamount to a restriction on ‘‘the num- of Big Money elections. We were ahead folks have taken advantage of that rul- ber of issues discussed, the depths of of the curve. We called for fair elec- ing, contributing over $11.5 million to their exploration, and the size of the tions after wealthy mining corpora- political campaigns this year—just audience reached.’’ tions bought influence, support, and since April—300 in this Nation of 300 This amendment would allow us to even a U.S. Senate seat—and our laws million. We must put regular people decide what amount of money is speech worked pretty well for those 100 years. and their ideas back in charge of our and who can use it. This is a perilous But 2 years ago the U.S. Supreme elections. amount of power to place in the hands Court struck down Montana’s law, cit- Amending the Constitution is not of politicians. I don’t think we need to ing its own Citizens United decision. something we should take lightly. The protect incumbent politicians. I think In 2012, Montanans stood once again Constitution is our founding document, we need to protect the rights under the to Big Money and its influence over a and it has held up under the test of First Amendment. democratic process. In a voter ref- time. But Big Money interests and de- In addition to concerns with what we erendum passed by a 3-to-1 margin, fenders of Citizens United are dis- know this amendment will do, I am Montana voters called on Montana’s torting our First Amendment for their even more concerned about what we congressional delegation to overturn own gain. Getting Big Money out of don’t know. Before we amend the Con- Citizens United, and I proudly accepted elections is critical to improving how stitution, we are obligated to under- that challenge. That is why I am co- we govern, to make responsible deci- stand the effects of the legislation. sponsoring Senator UDALL’s amend- sions for all Americans. It is critical to What does it mean to ‘‘influence elec- ment. Together we are saying enough electing leaders who put people first. I tions,’’ as the bill states? Who is a is enough. am proud to step forward in this fight. ‘‘candidate’’? What is the ‘‘press’’? Congress and the States should have Our democratic system has worked for Does this include bloggers? What about the power to regulate campaign spend- over two centuries. It has made our Na- a citizen who writes his or her own ing to ensure that election spending tion the greatest Nation in the world, newsletter to their community associa- does not corrupt elections. States and I will not let that be jeopardized tion and prints it on her home printer? should be able to decide whether to without a fight. All of these terms and more seem ripe allow corporations’ unchecked spend- Back in Montana it doesn’t matter for litigation, which leaves the true ing power in Governor and legislative whether someone has 5 acres or 5,000 meaning of this amendment in the races. acres: They jump on that tractor, and hands of unelected judges.

VerDate Mar 15 2010 01:21 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.013 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5474 CONGRESSIONAL RECORD — SENATE September 10, 2014 It also bears mentioning that opposi- ernment, including the federal, State, ent reason other than the color of his tion to this amendment is not limited and local law enforcement officials. skin. to Republicans or conservative organi- Congress should also examine the pro- Trayvon’s tragic death led to a dis- zations. The ACLU wrote a letter to gram that provides for the transfer of cussion in the Senate of the broader the chairman and ranking member of surplus military equipment to local issue of racial profiling. The Senate the Judiciary Committee, on which I law enforcement agencies to ensure Judiciary Committee held a hearing on serve, opposing this legislation. The local government is not inhibiting the ‘‘Ending Racial Profiling In America’’ ACLU stated: ‘‘As we have said in the First Amendment rights of people to in April 2012 which was chaired by Sen- past, this and similar constitutional peaceably assemble and petition their ator DURBIN. At the hearing I was amendments would fundamentally government for the redress of griev- struck by the testimony of Ronald L. break the Constitution and endanger ances. Davis, the Chief of Police of the City of civil rights and civil liberties for gen- Local government must also respect Palo Alto, CA. erations.’’ the First Amendment rights of the I want to quote in part from Chief I could not agree more. press to do their jobs, report the story, Davis’s testimony, in which he said: Amending the Constitution is serious and help provide the truth to the There exists no national, standardized defi- business. I believe limiting the Bill of American people. nition for racial profiling that prohibits all Rights for the first time in our history For a more permanent fix, Congress uses of race, national origin, and religion, is a bad decision. I will once again vote should take up and pass legislation except when describing a person. Con- to preserve and protect the First that I authored, the End Racial sequently, many State and local policies de- Amendment, and I urge my colleagues Profiling Act, known as ERPA, which fine racial profiling as using race as the ‘‘sole’’ basis for a stop or any police action. to do the same by rejecting S.J. Res. is S. 1038. I want to thank my col- This definition is misleading in that it sug- 19. leagues who have cosponsored this leg- gests using race as a factor for anything As an incumbent politician, I am the islation, including Senators REID, DUR- other than a description is justified, which it first to concede that elections are BIN, BLUMENTHAL, COONS, HARKIN, is not. Simply put, race is a descriptor, not daunting. They are unpredictable. It is MENENDEZ, STABENOW, LEVIN, MIKUL- a predictor. To use race along with other sa- unnerving to see other groups and indi- SKI, WARREN, BOXER, GILLIBRAND, lient descriptors when describing someone viduals spend money to run ads against HIRONO, WYDEN, and MURPHY. I also who just committed a crime is appropriate. you. But the alternative is to have me, thank Congressman JOHN CONYERS, the Then Chief Davis continued: as an incumbent politician, write rules ranking Member of the House Judici- However, when we deem a person to be sus- and regulations to limit the speech of ary Committee, for introducing the picious or attach criminality to a person be- those who would run against me or sup- House companion legislation, H.R. 2851, cause of the color of his or her skin, the port those who would run against me. which has 54 cosponsors in the House of neighborhood they are walking in or the That is wrong. It is wrong for people in Representatives. clothing they are wearing, we are attempt- ing to predict criminality. The problem with this body to define speech and to define This legislation provides training and such predictions is that we are seldom right who is entitled to it. monitoring for law enforcement agen- in our results and always wrong in our ap- We need to tread carefully. That is cies at all levels of government. By en- proach. why we need to reject this amendment. acting this legislation, we can begin to After the hearing I was joined at a I yield back the balance of my time reduce the racial disparities that press conference by Baltimore’s Rev- and I suggest the absence of a quorum. plague our Nation’s criminal justice erend Dr. Jamal Bryant, a leading The PRESIDING OFFICER. The system. We need to better educate youth activist and adviser to the clerk will call the roll. more of our law enforcement officials Trayvon Martin family. Reverend Bry- The assistant legislative clerk pro- in the differences between specific sus- ant echoed the call of ending racial ceeded to call the roll. pect descriptions and sweeping gen- profiling by law enforcement in Amer- The PRESIDING OFFICER. The Sen- eralizations or profiling that wastes ica, and let me quote him: ator from Maryland. valuable resources. Racial profiling is This piece of legislation being offered by Mr. CARDIN. Madam President, I ask un-American. It has no place within unanimous consent that the order for my Senator, Senator Cardin, is the last miss- the values of our country. It turns ing piece for the civil rights bill from 1965 the quorum call be rescinded. communities against the partnerships that says there ought to be equality regard- The PRESIDING OFFICER. Without needed to keep our neighborhoods safe. less of one’s gender or one’s race. Racial objection. Two years ago, I want to remind my profiling is in fact an extension of racism in RACIAL PROFILING colleagues, the Senate and the Amer- America that has been unaddressed and this Mr. CARDIN. I rise today to discuss ican people were having this very same brings closure to the divide in this country. the tragic shooting of Michael Brown conversation. So it is heartbreaking to I have called for putting an end to ra- last month in Ferguson, MO. me that we are having this conversa- cial profiling, a practice that singles Michael Brown did not need to die. tion again without having taken more out individuals based on race, eth- This cycle of needless sacrificing of our definitive action. In 2012 the Nation’s nicity, national origin or religion. My teens to violent ends must end. It has attention was riveted to the tragic legislation would protect minority been heartbreaking to see yet another avoidable death of Trayvon Martin in communities by prohibiting the use of American town gripped by such a trag- Florida in February 2012. As we all racial profiling by law enforcement of- edy. I welcome Attorney General Hold- know from the news, an unarmed Mar- ficials. er’s decision last week to begin a pat- tin, 17, was shot in Sanford, FL, on his First, the bill prohibits the use of ra- tern or practice investigation into the way home from a convenience store cial profiling by all law enforcement allegations of unlawful policing by the while wearing a hoodie and carrying a agents, whether Federal, State or City of Ferguson’s Police Department. can of iced tea and a bag of Skittles. local. Racial profiling is defined in a I also strongly support the Justice De- After the tragedy I met with the standard, consistent definition as the partment’s outreach efforts through faith and civil rights groups at the practice of a law enforcement agent re- their Community Oriented Policing Center for Urban Families in Balti- lying on race, ethnicity, religion or na- Services Office. This office, known as more to discuss the issue of racial tional origin as a factor in their inves- the COPS Office, can help better evalu- profiling. Joining me were representa- tigation and activities. The legislation ate and train local law enforcement to tives of various faith and civil rights creates an exception for use of these carry out fair and impartial policing. groups in Baltimore, as well as grad- factors where there is trustworthy in- In addition to the recent investiga- uates from the Center’s program. formation relevant to the locality and tion announced by the Department of I heard there first-hand accounts of timeframe which links a person of a Justice, I urge Attorney General Hold- typical American families who were particular race, ethnicity or national er to expedite the issuance of new victims of racial profiling. One young origin to an identified incident or guidelines that would, once and for all, woman recounted going to a basketball scheme. prohibit racial profiling by law en- game with her father, only to have her Law enforcement agencies would be forcement officers at all levels of gov- dad detained by the police for no appar- prohibited from using racial profiling

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.015 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5475 in criminal or routine law enforcement I agree with Attorney General Hold- are more concerned with winning elec- investigations, immigration enforce- er’s remarks to the American-Arab tions so they can stay in power than ment, and national security cases. Anti-Discrimination Committee where with actually governing and making Second, the bill would mandate he stated: tough decisions that will protect our training on racial profiling issues and In this Nation, security and liberty are—at country and help our families, and that require data collection by local and their best—partners, not enemies, in ensur- is what we are doing today with an- State law enforcement agencies. ing safety and opportunity for all. . . . In other show vote, another sound bite Third, this bill would condition the this Nation, the document that sets forth the that is engineered by campaign strate- receipt of federal funds by State and supreme law of the land—the Constitution— gists who don’t have any interest in local law enforcement on two grounds. is meant to empower, not exclude. . . . Ra- cial profiling is wrong. It can leave a lasting sound policy. First, under this bill, State and local scar on communities and individuals. And it I wish to address the two proposals law enforcement would have to ‘‘main- is, quite simply, bad policing—whatever city, before the Senate this week—a resolu- tain adequate policies and procedures whatever state. tion to amend the Bill of Rights and that are designed to eliminate racial The Fourteenth Amendment to the campaign legislation that is targeting profiling.’’ Second, they must ‘‘elimi- U.S. Constitution guarantees the equal women voters. The resolution offered nate any existing practices that permit protection of law to all Americans. Ra- by the Senator from New Mexico is, I or encourage racial profiling.’’ cial profiling is important to that prin- believe, a clear attack on the First Fourth, the bill would authorize the ciple. It should be ended once and for Amendment and a series of recent Su- Justice Department to provide grants all. preme Court rulings. The measure to State and local governments to de- As the late Senator Ted Kennedy grants unlimited authority to Congress velop and implement best policing often said: ‘‘Civil rights is the great and State legislatures to criminalize practices that would discourage racial unfinished business of America.’’ Let’s speech on any platform, and that in- profiling such as an early warning sys- continue the fight here to make sure cludes the Internet. tem. that we truly have equal justice under This proposal guts the First Amend- Finally, the bill would require the the law for all Americans. I urge my ment and the principles of free speech Attorney General to provide periodic colleagues to support the legislation I that have endured since the Bill of reports to assess the nature of any on- have introduced that will end racial Rights was ratified in 1791. It further going discriminatory profiling prac- profiling once and for all. empowers incumbent politicians to tices. The bill would also provide rem- Madam President, I suggest the ab- make decisions with less account- edies for individuals who were harmed sence of a quorum. ability, and it muffles the voices of pri- by racial profiling. The PRESIDING OFFICER. The vate citizens. It is perverse that the The legislation I have introduced is clerk will call the roll. Senate is actually devoting time to de- supported by a broad coalition of civil The assistant legislative clerk pro- bating the constitutional amendment rights groups. These groups include the ceeded to call the roll. that would actually diminish demo- Leadership Conference on Civil and Mrs. FISCHER. Madam President, I cratic participation and decrease free- Human Rights, the ACLU, NAACP, ask unanimous consent that the order dom. Rights Working Group, and numerous for the quorum call be rescinded. What have we become? other national, State and local organi- The PRESIDING OFFICER. Without In a letter to the Senate Judiciary zations. objection, it is so ordered. Committee, the ACLU wrote that the Racial profiling is bad policy, but Mrs. FISCHER. Madam President, I proposed amendment ‘‘would severely given the state of our budgets, it also rise to express my strong frustration— limit the First Amendment, lead di- diverts scarce resources from real law and the frustration of Nebraskans— rectly to government censorship of po- enforcement. Law enforcement offi- with the Senate’s current debate. litical speech and result in a host of cials nationwide already have tight Similar to many of my colleagues, I unintended consequences that would budgets. The more resources spent in- spent the past 5 weeks traveling my undermine the goals the amendment vestigating individuals because of their State and meeting with constituents. I has been introduced to advance—name- race, religion, national origin or eth- held over one dozen listening sessions ly encouraging vigorous political dis- nicity, the fewer resources are used to- in communities all across Nebraska. sent and providing voice to the voice- wards suspects who are actually dem- Not a single Nebraskan told me to go less, which we, of course, support.’’ onstrating illegal behavior. Using ra- back to Washington and vote to limit The ACLU is not exactly an ally of cial profiling makes it less likely that free speech. Not a single Nebraskan the Republican Party, but their letter certain affected communities will vol- told me to come and play politics or shows there is broad concern over this untarily cooperate with local law en- take show votes. poorly crafted resolution. forcement and community policing ef- The message I received from almost I urge my colleagues on both sides of forts, making it harder for our law en- every Nebraskan was the same: Get the aisle to stand for free speech, to forcement community to fight crime something done, turn the economy stand for democratic participation, and and terrorism. around, deal with overregulation, help to reject this resolution. Minorities living and working in control the costs of health care, and PAYCHECK FAIRNESS these communities in which racial help businesses create jobs. Prevailing At this time I wish to address the profiling is used may feel discouraged concern with the economy and weak issue of equal pay and the paycheck from traveling freely, which corrodes job growth exists all across our coun- fairness legislation. Make no mistake, the public trust in government. This try. According to several leading some women in this country continue ultimately demonizes entire commu- economists, 225,000 jobs were supposed to struggle with gender-based pay dis- nities and perpetuates negative stereo- to be created last month. Instead, the crimination. Equal pay for equal work types based on an individual’s race, number of jobs created was just 142,000. is a principle I strongly support. With ethnicity or religion. The real unemployment rate—those 60 percent of women working as pri- Racial profiling has no place in mod- who are unemployed or under- mary breadwinners, lost wages hurt ern law enforcement. The vast major- employed—remains unacceptably high families and single women alike. Re- ity of law enforcement officials who at nearly 12 percent. That is 19 million publicans fully agree that gender-based put their lives on the line every day Americans who are out of work or want pay discrimination in the workplace is handle their jobs with professionalism, to work more hours. unacceptable. diligence, and fidelity to the rule of It is a disgrace the Senate is not de- In April I worked with Senator COL- law, and they understand that racial bating policies that will help them. In- LINS, Senator AYOTTE, and Senator profiling has no place in their work. stead, we are debating a bill to limit MURKOWSKI on a reasonable proposal to However, the Congress and Justice free speech. It is no wonder the Amer- modernize key portions of the 51-year- Department should still take steps to ican people have such a poor opinion of old Equal Pay Act. Our proposal pre- prohibit racial profiling and finally Congress. Seriously, what are we doing vents retaliation against employees root out its use. here? In Washington, those in power who inquire about, discuss or disclose

VerDate Mar 15 2010 01:21 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.017 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5476 CONGRESSIONAL RECORD — SENATE September 10, 2014 their salaries. In fact, one of the Presi- The PRESIDING OFFICER. Without raphy a little bit so the people there dent’s April Executive orders also deals objection, it is so ordered. could openly pray to their lord and sav- with nonretaliation, suggesting this is ISIS ior Jesus Christ. That was unheard of an area we can agree and work to- Mr. INHOFE. Madam President, I was in Syria. It was not like it is today. gether. not scheduled to speak at this time, Today they are killing them. Back Our proposal also reinforces current but there is something going on today then they were putting them in prison. law which prohibits pay discrimination that is pretty exciting and I wish to I think it is important for people to based on gender and it requires em- share with everyone. understand that ISIS is the most well- ployers to notify employees of their There is a new group that has been organized, well-funded terrorist group rights. formed that is called the IDC, In De- in history. More than 1 million people Finally, it addresses the opportunity fense of Christians. I just came from have fled their homes in Iraq after gap or the need to provide both men addressing this group’s summit, and it being given the ultimatum by ISIS to and women with good-paying jobs. It is pretty amazing. There are over 1,000 convert to Islam or be put to death. consolidates duplicative job training people in the Visitor Center’s big audi- Since they invaded Iraq, hundreds and programs and provides Federal grants torium. It is the largest crowd that has thousands of men and women have to States for the creation of industry- ever been down there, and it has been been enslaved and have been beheaded led partnerships. This program is quickly formed because of the persecu- as a result of the ultimatum to Chris- meant to provide women and men tion that has taken place throughout tians. I will read it to my colleagues underrepresented in industries that re- the world and primarily in the ISIS because I don’t want to be misquoted. port worker shortages with the skills area. They issued the ultimatum to Chris- they need to compete. Unfortunately I don’t have charts tians living in the region I just showed: I believe this proposal could pass the that are big enough to project this ‘‘Convert to Islam or face death by the Senate. It is reasonable, it is targeted, issue well, but at least the President is sword.’’ That is what is going on today. and it is a serious solution. Instead, we there and can see them. This is the As I told this group a few minutes have a Senate that is laser focused on area where ISIS is working. They are ago, now and then we have a happy election-year politics, bills that no Re- not just in Syria and Iraq. They are in ending. I have been active—and a lot of publican can support, and bills that Jordan and other areas. It is a very people know this—in Africa now for 20 even some Democrats reject. large area. They are not confined to years. I have actually made 135 African The majority leader does not appear any particular area. country visits. I have seen all kinds of to have any interest in putting bills on One of the problems that is being ad- things take place in terms of religious the floor that can pass—bills we can dressed—we know about what they are intolerance, persecution. But I remem- work on together. That idea doesn’t fit doing. We know they are probably the ber very well being in the new country into that election-year playbook. At strongest force and greatest threat called South Sudan. South Sudan is to the end of the day, this is raw politics. against the United States we have ever the south of Sudan. Sudan is up there That is all it is. Nebraskans expect faced. near Khartoum. We are all familiar more. Americans expect more. They I was very proud of the Secretary of with that and the problems taking expect us to do our jobs, to work to- Defense, Secretary Hagel. He was very place there, and we know how intoler- gether to offer solutions, to debate, to outspoken when he talked about the ant they are there. amend, and to vote. threat we are facing. He characterized It happened there was a lady there There are so many proposals I would it as a great threat. named Mariam Ibrahim. I am going to love to vote on. Sometimes you win, Why is it a great threat? It is a great show my colleagues a picture. We have sometimes you lose, but we should be threat because they have already de- never seen a prettier lady in her life. voting. We have to start having mean- clared war on America, and that is why That is in her wedding dress. She is ingful debate. We have to start taking I stood here yesterday to get support in beautiful. She is Sudanese. She had votes, and they better be real votes. the Senate for authority to use mili- been a Muslim. However, she renounced That is the only way we are going to do tary force—that is AUMF—and we are that and she now is a Christian. So our jobs, and that is the only way we going to make every effort to get that they went to this beautiful young lady will be held accountable by our con- done. who had one baby and she was 8 stituents. We should be tackling those Tonight the President is going to months pregnant with her next baby, very important issues we spoke to our speak about this issue. Hopefully he and they said, We are going to put you neighbors and friends about when we will come out stronger than he has in on trial. You have to renounce Christi- were at home traveling our States dur- the past and say something meaningful anity. She said, I can’t do it. They said, ing the August recess. about how he, as the President of the Well, you have to do it. So she was Enough with the sound bites, enough United States, is going to win this war. found guilty of not renouncing her with the show votes, enough speaking I am not expecting it, but I am hoping Christianity. She was sentenced to 100 to cameras. Let’s listen to the Amer- for it. There is no doubt that once we lashes, which would kill her, and then ican people. Let’s get back to the Sen- pass this resolution, he will have the they would hang her up by her neck for ate we all admired when we were in authority to do it. This group is con- public display as an example of what school and read about in our country’s cerned with that matter, but the rea- happens. history. As students we studied those son they are together is because they Several of us were involved in this. serious—and many times very heated— are concerned with the Christian and We had a lot of cooperation from some debates that took place on this floor. religious persecution that is going on. of the surrounding African countries, As Senators we may not always agree I have a lot of background in this including Uganda, President Museveni on what is the best policy, but we bet- area. Way back—before a lot of you came through; President Kagame from ter start doing our jobs. We need to re- guys were born—in 1979, I was mayor of Rwanda; President Kabila from Congo, turn to debating real policy that ad- the city of Tulsa, OK, and I remember and our State Department and others, dresses the very real needs of the a man named Boris Penson. Boris and we were able to get them to have American people. Penson was sent to a Siberian gulag an appeal. As of today, she is now out I thank the Presiding Officer. prison for 9 years. He was there be- of prison. She is back. She has two I yield the floor and note the absence cause of the fact that he would not re- children, and she and her husband and of a quorum. linquish his Jewish faith. He was per- children are living in the United The PRESIDING OFFICER. The secuted because of his faith, and we States. clerk will call the roll. were able to get him out. That was a If it hadn’t been for seeing what The assistant legislative clerk pro- long time ago. Mariam Ibrahim was facing and know- ceeded to call the roll. I had another experience in 1988 in ing that was going on and seeing the Mr. INHOFE. Madam President, I ask Damascus. There was Christian perse- beautiful picture of her and a few of us unanimous consent that the order for cution going on at that time. We were finding out about it, she would be right the quorum call be rescinded. able to get them to change the geog- now still hanging up for display.

VerDate Mar 15 2010 01:21 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.019 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5477 This is what is happening. A lot of exceeding credit card debt. Student college and law school and worked for people out there are saying, Well, ISIS debt has exceeded the aggregate of a while, started businesses, failed mis- is a very serious thing, but this isn’t auto loan debt, credit card debt, and erably twice. The third time I managed our problem. Yes, it is. I can remember home equity debt balances, becoming, to do well in a startup industry called 3 months ago I made the statement next to mortgages, the second largest cell phones. But I came out of that ex- that ISIS is a threat to our homeland debt of U.S. households. That means perience with a total of $15,000 worth of and people didn’t believe that was the that for far too many young people, debt. I am not sure I would have taken case. There is a poll that came out yes- and not so young people, they are the first shot or second shot or, Lord terday that I thought I had with me forced to put off their decisions about knows a third shot, if I had come out and I don’t. But the ABC poll shows starting a family, launching a startup with $50,000 $60,000, $70,000, $80,000, or that 71 percent of the American people business, or buying a home because of $100,000 of debt that many people come believe ISIS is a direct threat to the the burdens of student debt. Many out of school with now. homeland of the United States of young people find themselves working We have to get on this issue. This America. That is 71 percent of the peo- in jobs they didn’t want or necessarily issue is having an effect on our eco- ple. They also believe—the same 71 per- train for just to pay off their student nomic recovery. I meet with home- cent of the people—that our President debts. builders on a regular basis and with re- does not have the strategy to win this At Old Dominion University I spoke altors on a regular basis. They are say- ing, The real estate market is recov- war. So tonight we are hoping to hear to Carina. She is a bright and ambi- ering for everybody except people buy- something that is out of character for tious young woman who told me that ing starter homes. Why are they not him. We are hoping it will be some- in her sophomore year, she worked buying starter homes? Time and again thing strong that will allow us to win three jobs, at one point four jobs, to because of crushing amounts of student ensure that she met tuition. She men- the war. debt. Let me wind up by welcoming those tioned that she was the first of all her I hope during this shortened period over 1,000 people who are downstairs family members to step foot on a col- we will get a chance to have a con- right now in the Visitor Center who are lege campus. She said: ‘‘College is a versation about a broadbased proposal from the Defense of Christians Summit foreign field in my family.’’ She said: to refinance student debt at lower that is taking place as we speak. We ‘‘I am a pioneer.’’ She is not alone. The rates. I am not sure we are going to be have a lot of people out there. They are challenges she faces are repeated time successful in that proposal, but I think doing the Lord’s work and they will be and time again. it is a conversation and debate we richly blessed for it. At Virginia State University, one of ought to have. I look forward to sup- I yield the floor and suggest the ab- our historically Black colleges, I met porting that effort. But if we are not sence of a quorum. with Tobias, who mentioned that a lot able to get that effort across the finish The PRESIDING OFFICER. The of his peers had to drop out of school line right now, we can’t walk away clerk will call the roll. because they could not afford to take from this issue. The assistant legislative clerk pro- out any more loans or debt. He told I have worked on a series of bipar- ceeded to call the roll. me: Senator WARNER, I have made the tisan, targeted reforms that would re- Mr. WARNER. Madam President, I decision to stay in school. It is the key duce costs, increase transparency, and ask unanimous consent that the order to my future, but I do so knowing that allow students to better manage their for the quorum call be rescinded. I will have to spend a lot of years pay- amounts of debt. Any one of these pro- The PRESIDING OFFICER. Without ing off student loans. posals isn’t going to completely solve objection, it is so ordered. At one of our finer public institu- this problem, but this should not go Mr. WARNER. Madam President, I tions in Virginia, the College of Wil- into the bucket of issues we continue come to speak today on a question of liam & Mary, I had a great conversa- to kick down the road. The issue of enormous importance. Before I do so, I tion with Jacob, a junior originally student debt, the affordability of col- wish to take a moment, as I was just from the far southwest part of our lege, are issues of enormous economic with the majority leader and the dep- State, in Lebanon, VA. He is grad- proportion and, frankly, one that uty leader and a number of our col- uating from college in 3 years instead shouldn’t be viewed as a Democrat or leagues where we held a ceremony in of 4 because of dual enrollment he took Republican issue. commemoration of a Congressional while he was in high school, at South- Let me speak briefly about a couple Medal of Honor that was issued in re- west Virginia Community College. He of my proposals. First is a proposal I membrance of those who gave their told me that despite his ambition, it is partnered with Senator WYDEN and lives on September 11, 13 years ago. financially impossible for him to go on Senator RUBIO on that in any rational Neither the Presiding Officer nor I to immediately get a graduate degree place should be a complete no-brainer. were Members of the Senate at that or buy a home or buy a car or start a It is a bill called Know Before You Go. time, but I think all of us remember business, because even with shortening The idea is quite simple. Let’s do with where we were that early Tuesday college from 4 years to 3 years, he still higher education what we have done in morning, and the ceremony we just has a tremendous amount of student real estate with the Zillow Web site or came from was an appropriate tribute. debt. what we have done with the travel STUDENT LOAN DEBT I have to tell my colleagues, across pricing, with Travelocity and a series Madam President, during the most Virginia I have heard over the last year of other Web sites, and try to take recent recess in August, I crisscrossed more about this issue than virtually every 4-year institution, 2-year institu- Virginia in a variety of efforts. One any other issue, from young people, tion, career and technical education that was particularly meaningful to me from families, from parents. I remem- program, graduate program, and make was where I did a statewide student ber somebody in Virginia Beach not them totally transparent on a single debt tour, where literally I spoke with too long ago, a young man, 31 years user-friendly Web site, where before hundreds of students and graduates old, who actually served in elective of- you go, you know what your chances of from families of nine Virginia colleges fice. He had graduated from the Uni- graduating are, how much debt you and universities about student debt versity of Michigan Law School, had might want to take on, if you major in and what this crushing amount of stu- worked as a lawyer, had been laid off, art history, the way my daughter did, dent debt is doing to their opportuni- and was moving back in with his par- what your chances of getting a job are ties to get the same kind of fair shot ents at the age of 31. I could almost see and how much it is going to pay, so the Presiding Officer and I both had. his ambitions being crushed because that we can actually make people bet- The schools I visited ranged from big his student debt payments amounted ter informed consumers before they 4-year public universities, small, pri- to $2,000 a month. Where does he get choose higher education. vate liberal arts colleges, to one of our the same kind of fair shot that many of Probably next to buying a house, historically Black colleges, as well as a us had? higher education is the most expensive 2-year community college. The student I am the first member of my family investment you will make in a life- debt figure right now is at $1.2 trillion, to graduate from college. I got out of time. Maybe students will find out that

VerDate Mar 15 2010 01:21 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.021 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5478 CONGRESSIONAL RECORD — SENATE September 10, 2014 if they go to UVA and drop out after 3 completely crushing his abilities to even public universities in Virginia years and come out with a lot of debt, take any chances at all. right now—more than $25,000. I had they will not have much with which to So what Senator RUBIO and I have $15,000 of debt after college and law get into the job market, whereas if done is we put together a proposal that school. Look at people who come out of they went to Piedmont Community would say the first option—it would graduate school. On average those College and actually came out with a 2- still be the young person’s option to numbers more than double. year degree in medical tech fields, they opt out of, but the first option would This is an issue whose time has come will have a 90-percent placement oppor- be an income-based repayment pro- for us to address. In America in the tunity. posal that would cap your student debt 21st century, you should not go broke if This Know Before You Go Act—we repayment at 10 percent of your in- you decide to go to college. We all en- have collected most of this data al- come. What would this do? Ten percent courage our young people to get that ready, so it should not be that big a of your income would allow you to education that will allow them to pros- stretch to put this in a user-friendly take that chance on that startup busi- per in a knowledge-based economy, but fashion. What if Tobias’s friends at Vir- ness. Ten percent of your income, we hold out a false hope when we say: ginia State had a better idea before en- capped, would maybe give you the abil- Go get that education, but we are rolling in college how much they would ity to say: Oh gosh, if I hit a rough going to put you into such debt that be expected to pay, how this would ac- spot, I will not get crushed. I will not for the next 20 years you are not going tually break down grants versus loans, have to move back in with my family. to be able to exercise that education in a recognition of the actual graduation This better structured, financially the way you wanted to because you are rate and their job prospects upon grad- sustainable, income-based repayment going to be scrambling to repay the ob- uation? Maybe some of them might proposal would allow young people to ligations it took you to get those choose a different path. better manage their debt and avoid the skills. Better informed consumers of higher impact of default. I say this as a former Governor. This education would be one no-brainer Part of our proposal includes loan is the case. I was proud of the amount step. forgiveness programs that will provide of the investment we made in higher A second opportunity—and I do not borrowers such as Jacob in southwest education when I was Governor. Quite know where it falls on the ideological Virginia the kind of relief they want. spectrum, but on the commonsense Even if we cannot agree on a grand honestly, if we look across the board at spectrum it makes an awful lot of refinancing proposal, this income- every State in our Nation as a whole, sense. Why does college have to be 4 based capping at 10 percent—which has over the last 20 years Federal and years anymore? Why can’t we have been greeted by left and right alike as State direct aid to higher education more students—particularly first-gen- a dramatic step forward—ought to be has been virtually a straight line down. eration students—getting a jump-start part of our discussion. The cost of a higher education has been on college with dual enrollment in high Then I come to another proposal— a straight line up. How have we filled school? The key on this is to make sure one that, quite honestly, even this that gap? We have filled that gap with the credits they get in their dual en- body with all of its dysfunction ought basically an unfair deal to a whole gen- rollment at community college actu- to be able to get done. I partnered with eration. We have said: Do not worry about the cost; just take out more ally count toward their degree require- my colleagues Senator THUNE and Sen- debt. For a while, when the economy ment, which requires what are called ator AYOTTE on a very business-friend- articulation agreements between the 4- ly proposal that would be an option for was good and you could get a job pret- year institutions and the 2-year insti- an employer and employee. Right now, ty much guaranteed coming out of col- tutions. It does not do much good if if an employee wants to continue with lege or graduate school, this did not you come into college with a lot of their education, an employer can take present a crisis. In the last 4 or 5 years, course credit but it does not count to- up to $5,000 of that employee’s salary as we have seen college graduates, law ward your degree requirements. Let’s and apply it to their tuition, tax free, school graduates, graduate school grad- try to make sure more students can on continuing education. Well, if we uates coming out without job opportu- knock off a semester or a year of col- are allowing an employer to do that for nities, we have seen this house of cards lege in high school. That would save an employee to continue their edu- collapse. families $10,00, $20,000, $30,000, in effect, cation, to increase their skills, why not I again remind my colleagues that if we could make that happen. provide that same kind of option for an there is $1.2 trillion of student debt— If you are a low-income student and employer to apply that same amount— greater than credit card debt. The cost you qualify for a Pell grant, why not be up to $5,000 of a person’s salary—di- of a higher education is continuing to able to use part of those Pell grant pro- rectly against an employee’s student escalate at a rate even higher than ceeds in high school if the credits you debt pretax and tax free as well? It health care costs. receive in high school in dual enroll- does not cost the employer another For those of us who are lucky enough ment actually count toward your de- dime. This is purely at the option of to serve in this body, we all got our gree requirements? Again, that is a the employee. It would be a great re- fair shot. If we are really going to jump-start on college. It would make tention tool for a company to say: Hey, honor our commitment to this next sure that a student such as Jacob at keep working with us. We are going to generation—and, quite honestly, the William & Mary, rather than being the give you this benefit. parents who are also helping to pay off exception, would become more the That young or not-so-young person this next generation—we have to deal rule. will get this money pretax going with this crushing issue of student Let me talk about another proposal. against their student debt. It is com- debt. I look forward to working with Again, I am working with my colleague mon sense, bipartisan, and something my colleagues on both sides of the aisle from Florida, Senator RUBIO, on this on which—even with all of our bitter as we address this problem in a reason- legislation. Senator RUBIO has a story battles back and forth—we ought to be able, responsible, and timely manner. similar to mine. He is the first genera- able to find common ground. I yield the floor. tion in his family to graduate from col- As I mentioned at the outset, like The PRESIDING OFFICER (Ms. lege and law school. He tells stories as many Virginians, like many probably BALDWIN.) The Senator from Texas. well of years of repaying student debt. in this body, as the first in my family In our student debt processes, we al- to have graduated from college—I ISIL ready have a series of payment pro- could not have gotten to college; my Mr. CORNYN. Madam President, we posals. Unfortunately, most of them family did not have the resources. I all are anticipating the President’s are confusing. Many of them end up had to work. I got grants. But I also speech tonight in which hopefully he like the student I know or the young had to take out student debt. The stu- will make the case for why it is in person I know in Virginia Beach who is dent debt that I had at $15,000 pales in America’s national security interest to on a fixed payment proposal. This indi- comparison to the average amount of eliminate the ISIS or ISIL threat from vidual, as I mentioned—$2,000 a month, debt with which people come out of the Islamic State that is forming a new

VerDate Mar 15 2010 02:28 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.023 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5479 caliphate in what used to be called Iraq Eleven months after Qadhafi’s death ed, we have seen millions of Syrians and Syria and which hopefully will be and less than a week after President displaced in refugee camps in Turkey, restored. Obama told the Democratic National in Lebanon, in Jordan. When the President first campaigned Convention that Al Qaeda was on the Then there is Ukraine. When the for President in 2008, I know he did not path to defeat, Al Qaeda-linked terror- President promised to help Ukraine de- promote himself as a future war Presi- ists killed four Americans in Benghazi, feat Russian aggression, and to help it dent—just the opposite. He told sup- including our U.S. Ambassador—less maintain its full territorial integrity porters that on his first day in office he than a week. and sovereignty, he subsequently re- would give U.S. military forces in Iraq I mention all this recent history be- fused to give the Ukrainians even mod- a new mission, which was ending the cause it all comes back to the issue of est defensive weapons. I think we sent war. But just because one side of a war credibility, not only of our Commander them MREs, meals ready to eat. We quits does not mean the war ends. I in Chief in the United States, but of sent them, maybe, some medical sup- think now we found that to be pain- the American people. It comes down to plies which are important. But they fully obvious. our Nation’s credibility around the needed not MREs but weapons to de- When the President was running for world. feat Russian aggression, to raise the reelection, time and time again he Will we be trusted by our friends and cost to Putin and his regime in their boasted that he upheld that 2008 cam- allies? Will we be feared by our would- continued invasion of Ukraine and Cri- paign promise and brought the Iraq be adversaries, the bullies, the tyrants, mea. war to a close. He further assured us the thugs, and the terrorists who will Then the President decided: Well, we that the tide of war was receding. I am take advantage of the vacuum left once are just going to use economic sanc- sure if he had a chance he would prob- America withdraws? tions against Putin. Putin could care ably take back those words because From the Middle East to the Far less about the economic sanctions. history has disproved those very argu- East, from Baghdad to Beijing, to Again, as to the extent to which our ments. Mosul, to Moscow, this administration allies and friends can rely on us when As recently as mid-June, even after has done tremendous damage to Amer- they get in trouble, they begin to the so-called Islamic State in Iraq and ica’s credibility. doubt our credibility. The bullies, ty- Syria had conquered the second largest America is the one indispensable na- rants, and terrorists lick their lips and Iraqi city, the city of Mosul, a national tion in the world. We may not like that take full advantage of the situation. security spokeswoman was still repeat- sometimes; it may seem like too big a We have seen that time and time again. ing the White House talking points responsibility, but no one else can fill a Then there was when the President— that are 3 years old, telling the Wall void left when America retreats. Ron- I bet this is another couple of words he Street Journal that President Obama ald Reagan understood that. That is wished he could take back in light of promised to responsibly end the war in why he stood for what he called peace subsequent events—dismissed the Is- through strength, and you know it Iraq and he did. lamic State terrorists as the JV team. Of course, America’s complete with- works. Even though they were gaining a stran- But when the President announced a drawal from Iraq in 2011 did not end the glehold over eastern Syria and western withdrawal date from Afghanistan in war, as I suggested a moment ago. It Iraq, again the President—by under- the very same speech in which he an- just ended the U.S. involvement in the estimating a threat, a threat I am sure nounced a U.S. troop surge, he dam- war in Iraq until now. But it did make aged America’s credibility again. Is he will confront head on tonight—un- the resurgence of war much more like- that any way to encourage people to dermined America’s credibility. ly. It was, in hindsight, a tragic mis- Make no mistake. America’s credi- support the United States and NATO’s take. We were the glue that held Iraq bility does matter. And when America mission in Afghanistan, to tell them: loses credibility, the world becomes a together, but once we left and pulled Well, we are going to surge troops much more dangerous place. That is the plug without—because we did not today, but we are going to be gone to- negotiate a status of forces agreement morrow, so you better make your bets exactly what has happened over the or a bilateral security agreement, the in terms of your long-term interest— past several years. I would say that despite the criticism old sectarian strife that is perhaps cen- which, in Afghanistan, means they are I have made of the President’s policy, I turies or more old came back to the betting with America’s adversaries. forefront. Iran continued its aggression Of course, as we saw in Iraq, trag- believe he has an opportunity tonight, in Iraq, as it had been doing all the ically—the investment the United starting tonight, to reverse some of time we were there, as well as their States made in terms of blood and that damage. Beginning with this support for Bashar al-Assad and his treasure, which was squandered in speech on U.S. policy in Iraq and Syria, support for Hamas and other terrorist Iraq—he created another prospect of he has an opportunity to reverse the organizations. Meanwhile, in Libya— the squandering of America’s blood and impression that he is aloof and de- remember, NATO went to war in Libya treasure in Afghanistan unless we have tached from the ongoing chaos. He has as well, primarily using U.S. assets and learned the lesson of Iraq. the opportunity to lay out a clear money. Then there is Syria. The President strategy for destroying perhaps the Our complete and utter neglect of has given speech after speech. The De- richest, most well-armed terrorist Libya following the neglect of Muam- partment of State, Hillary Clinton, group on the planet. He has an oppor- mar Qadhafi did not end that war ei- others, the national security advisors, tunity to describe how our strategy ther; it merely created a security vacu- have said it is American policy that might utilize Syria’s more moderate um that was quickly filled by radical there be regime change in Syria, that anti-Assad rebel groups and describe militias and terrorist groups with ties Bashar al-Assad has to go. how he plans to work with Congress on to Al Qaeda. But then nothing happened—well, I implementing that strategy. He has an If we learned anything from 9/11—and take that back. Something did happen; opportunity to sell the American peo- I just returned from a Congressional 200,000 civilians have died in Syria as a ple on his strategy. Gold Medal service in the Capitol—if result of that civil war. Make no doubt about it. While the we learned anything 13 years ago, it is The President came to Congress to President thinks he can go this alone that vacuums get filled. If we do not ask for authority to conduct air strikes and he doesn’t need to come to Con- fill the vacuum with constructive self- in Syria, but then when he couldn’t ex- gress for additional authorization, he governance and respect for the rule of plain what his strategy was, he got a does need and we do need the support law and individual human worth and lifeline from Vladimir Putin. Putin of the American people. There are dignity, then that vacuum will be filled said: We will help you get rid of those practical reasons why the President by terrorists and others who reject all chemical weapons in Syria. And the should come to Congress. Because if he of those fundamental values of our President retreated from that red line makes the case to a bipartisan Con- country. We did not learn it. We did and nothing seemed to happen. gress and Congress issues the author- not learn the lesson. We did not learn In addition to those 200,000 Syrian ci- ization for him to act because we actu- it in Libya. We did not learn it in Iraq. vilians killed since the civil war start- ally believe he has a strategy that can

VerDate Mar 15 2010 03:41 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.025 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5480 CONGRESSIONAL RECORD — SENATE September 10, 2014 work, then I think the American peo- to rubberstamp that or write him a granddaughter at 7 years old—I hope ple will be much more inclined to sup- blank check without any strategy, I by the time she grows up we are not port that strategy. think he is terribly mistaken. From still going to be talking about this Tonight I hope he will speak not only what we have seen, since our Nation issue. I think about they are working to Congress, he will speak to the Amer- has been at war in Afghanistan and hard every day and the assumption ican people candidly about the threat Iraq for these many years, 13 years in they have is that they will get paid and about our military goals and how Afghanistan, we know war is expensive just as their male counterparts are. he intends to achieve those goals by and $5 billion is a very minimal down- the strategy he lays out. payment on what it will cost the Amer- There are those who have said: Well, He has an opportunity to explain the ican taxpayer to conduct this effort. this is a distraction. This isn’t really evolving nature of the terrorist threat The President may have a very nar- an issue. There are some in Michigan and also explain what he is going to do row view of his responsibility to come who have said: Women don’t care about and what we can do together to defend to Congress and get authority, but equal pay. What they care about is U.S. interests and to keep America there are very practical reasons why he flexibility. safe. should, as I said—both in terms of Yesterday the Washington Post-ABC My response is flexibility doesn’t buy gaining the support of the American my groceries. It does not buy my News poll revealed some very impor- people for this effort before he sends tant data with regard to the American daughter’s groceries. It does not put more Americans into harm’s way, and gas in her car. It does not pay her people’s understanding of the threat the fact that under the Constitution mortgage. and their support for what the Presi- the Executive, the President, can’t ap- dent is talking about doing. In some propriate one penny. That is going to The reality is, in America, in 2014, ways it seems as if the American peo- have to come from Congress. there is absolutely no reason—zero— ple were way ahead of their leadership One party can’t do this. Heaven for- that we would not have a 100-percent in Congress and in the White House. bid our national security would break vote not just on the procedural vote to From the Washington Post-ABC poll I down along purely partisan lines. But proceed but on a final bill to make sure will read three questions. if the President doesn’t have a plan and enforcement is in place on equal pay— No. 1: if he doesn’t lay it out tonight, it is a pretty big deal. An awful lot of As you may know, a group of Sunni insur- hard to see how he will get either the women who are the sole breadwinners gents called the Islamic State of Iraq and support of Congress, whether it is offi- in their families are counting on us to Syria, also known as ISIS, has taken control cial or not, or of the American people. of parts of Iraq and Syria. How much, if at It is hard to see where this is going get this right so they can make sure all, do you see ISIS as a threat to the vital their kids, who are now going back to interests of the United States? to go if he thinks he can fund this on the cheap when, in fact, by his own es- school, can have the school clothes Ninety-one percent of the respond- timate and others’ it is going to take 3 they need, they can put the food on the ents responded said they see it as a se- years or more to defeat ISIS. table, they can put the gas in the car rious threat to the vital interests of I yield the floor. to get them to school and get to work, the United States. The PRESIDING OFFICER. The Sen- and so on. No. 2: ator from Michigan. Do you support or oppose U.S. air strikes Ms. STABENOW. I ask unanimous Another big piece of all this agenda against the Sunni insurgents in Iraq? consent to speak as in morning busi- in terms of creating opportunity for Seventy-one percent support. ness for up to 10 minutes. people is to make sure you can afford No. 3: The PRESIDING OFFICER. Without to go to college. That same person who Do you support or oppose expanding U.S. objection, it is so ordered. is trying to put food on the table would air strikes against the Sunni insurgents into INCOME EQUALITY love to put money aside in a bank ac- Syria? Ms. STABENOW. Madam President, count for their kids to go to college Sixty-five percent support. as the Presiding Officer is well aware, and would love to know that, when So we can see from the first question as one of our great leaders on our eco- people recognize ISIS as a threat. they are doing the right thing—they nomic agenda, of what we are calling a are making the grade, they are going Fewer support kinetic strikes against fair shot, it is incredibly important in the insurgents in Iraq and Syria, but to college—they will not be stuck with the time we are in session that we have mounds of debt, buried in debt, because still a two-thirds majority do. an opportunity to vote again on each of My point is, while the President of we do not have the right kind of sys- those items and hopefully pass each of the United States may take what I tem that provides funding for higher think is a very generous view of his au- the items at the front line of what American families, American people, education and access to low-interest thority as Commander in Chief and loans. under the Constitution to do this with- care about in terms of lifting their So another piece of the fair shot out congressional authorization, I standard of living and creating more agenda, which is absolutely critical, is think it is a terrible mistake for him opportunities. It is great that we have seen the to make sure—let’s start with ground to do so for two reasons, one I just stock market more than double in the mentioned, which is he needs and we zero, which is ‘‘at least’’—that anybody past 5, 6 years. It is great that someone who has a student loan now will have a need the support of the American peo- who is living off of interest earnings ple before we send any American into chance to refinance it, just like you has a better portfolio. That is great. would a house, at the lowest possible harm’s way to deal with this threat. But the person who is getting up We need to have a robust debate and every day, going to work, and maybe interest rate, which is impossible there needs to be bipartisan support for takes a shower after work, ought to today. this effort in order for the American have the same fair shot to get ahead so Now, what does that do? We know people then to see we are united and that this economy is growing—and there is more student loan debt today thus to unite them in common cause that is great—but it needs to grow and than credit card debt. Think about against this terrible threat. create opportunity for everyone. that for a minute. There is more stu- Then the last reason is practical too. We can help with that by having the dent loan debt than credit card debt— The President wants, it is reported, $5 right support and the right policies, billion. We have already burned up $1 trillion. There are mortgage bankers and that is what the fair shot agenda is in Michigan saying to me: You have to about $1⁄2 billion with air strikes in all about. Iraq. War is expensive, and if the Presi- This afternoon we are going to be fix this because I have folks who want dent says this is going to go on for an- voting on a very important piece— to buy a house and they cannot qualify other 3 years, which is one estimate I which I frankly can’t believe we are because of their student loan debt. saw, he needs to come to Congress in even having to talk about in 2014— They want to start a small business order to get the appropriations, to get whether we are going to actually en- and they cannot get a loan because of the money, in order to carry this out. force equal pay for equal work laws. their student loan debt. We also know If he thinks he can just come and re- When I think about my own family, there are actually people who are on quest $5 billion and Congress is going my daughter, daughter-in-law, and Medicare who are holder than 65 years

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.026 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5481 of age in this country who are still ufacturing is coming back. We are very get that title back out there again paying off student loan debt. When we happy about that. But we want to send where we can talk about the title. talk about opportunity and a basic a very strong message that if you pack Access to college. I am the first per- value of America: Work hard, go to up shop and decide to move overseas, son in my family to ever graduate from school, have opportunity, it seems to American taxpayers, the workers and college. I had the chance to be a uni- me this flies in the face of that. their families, the communities are not versity president. I believe people’s So another really important piece we going to pay for the move. But if you lives are affected by the right kind of want to get to and we want to pass is want to come back, we are more than education after high school. Nobody is the ability to allow people, step one, to happy to allow you to write off those opposed to access to college. We ought renegotiate and to refinance their stu- costs through the Tax Code, and we to be talking about that. But we ought dent loans at the lowest possible inter- will even give you another 20 percent to be talking about that in a way that est rate from last year, which is 3.86 tax credit for those costs on top of it. can produce the right kind of result. percent for undergraduate students. So So it is very simple. The Bring Jobs When the people of Missouri are say- that needs to get done so we are ad- Home Act simply says: If you want to ing: You are not getting the work of dressing one of the huge burdens and come back to America, great, we will the country done, that is clearly costs on middle-class families. help you do that. We will help you pay right—just the fundamental things We also know that, unfortunately, we for those costs to come back to Amer- that need to get done, and here we are have another agenda item that came ica. But if you want to leave the coun- back in Washington, reminded by our about because of the Supreme Court try, you are on your own. friends on the other side that really we deciding that for women—that for So those are the five items that we are here to just hold votes we have al- women only—our choices on preventive want to get done before the end of this ready had. Not a single thing was men- health care, on birth control—if we are month that all relate to whether we tioned in the preceding remarks that on the job covered by insurance our are going to have opportunity and we we have not voted on already and not a boss can actually overrule personal de- are going to focus on the middle class single thing was mentioned in the pre- cisions about what type of birth con- of this country. Too many folks are ceding remarks that has any chance of trol a woman will choose for herself, barely holding on or are not holding on passing both the House and the Senate for her family. So we have a bill called or used to see a path to get to the mid- and, frankly, has no chance of advanc- Not My Boss’s Business. I think it is dle class and cannot anymore. That is ing in either the House or the Senate. pretty clear. It is not your boss’s busi- not going to work for America. If we do But here we take these critical 2 ness what decisions you make, and you not have people who know they have a weeks—the government is unfunded, no should be able to have your birth con- fair shot to make it—that they have budget to talk about, with work not trol decisions and what you need cov- opportunity, that they see opportunity being done—to talk about these things. ered just like anything else in terms of for their children—if they do not have Right now, the joint resolution we preventive health care for men are for money in their pocket so they can take are on—with all the critical challenges women. care of their family and invest in the we have not solved, we are talking So that is another piece of all of this future, we are not going to have a about changing the Constitution. The that needs to get passed to make it strong economy. That is just a fact. only person in the Senate who can de- clear. This is an economic issue for So we are glad that Wall Street is cide what bill comes to the floor is the people. I know in my own family, when doing well. But it is time to focus on majority leader, and the majority lead- I think about my daughter and son and Main Street, middle-class Americans. er has brought a joint resolution to the nieces and nephews who are planning That is what the fair shot agenda is all floor, an amendment to the Constitu- their families and making decisions, about, and I hope colleagues will come tion, an amendment that would take 67 these are economic issues about health together and help us get this done. votes in the Senate to pass, an amend- care coverage. I yield the floor. ment that has 45 sponsors, all from the We have two other critically impor- The PRESIDING OFFICER. The Sen- other side—not very close to 67. No- tant economic issues that are part of ator from Missouri. body believes this is going to happen. what we want to get done before this Mr. BLUNT. Madam President, when To amend the Constitution, two- session ends in September. One is rais- I was home last month, I heard a lot thirds of the Senate has to agree. That ing the minimum wage. It seems to me from Missourians, for really the first will not happen. Two-thirds of the pretty basic that if you are working 40 time over and over: What about all of House has to agree. That will not hap- hours or more a week you should not the bills the House has passed that the pen. Two-thirds of the States have to be in poverty, plain and simple. If we Senate has not taken up? What about approve the amendment. That will not are going to reward work, if we are funding the government? My good happen. More importantly, it should going to expect people to work, then friend from Michigan just mentioned not happen. We are talking about working should pay more than not the five things she would like to get amending the Constitution of the working. If you are working 40 hours a done before we get to the end of the United States when there is no chance week, you ought to be making more year. I think everybody on the other of doing it. So the only thing we are than the poverty level. It has been way side of the aisle knows those five surely talking about is just trying to too long for American workers to get a things, for various reasons, will not score some kind of last-minute elec- pay raise. happen this year. tion-year points. But if people are pay- So that is an important part of it. But what are we not doing? We are ing attention, the points that will be Then finally there is a bill that I less than a month away from the be- scored will be scored by those defend- have introduced that, to me, ought to ginning of a new spending year. We ing the Bill of Rights and those defend- be a no-brainer. I do not understand; have not voted on a single one of the ing the Constitution. we tried to pass it a couple years ago. appropriations bills. There is no budg- What is being proposed here would It was blocked. And it was blocked et. The fundamental work of the gov- have a chilling effect on the First again by Republican colleagues a few ernment is not going on while we con- Amendment, which says ‘‘Congress weeks ago. We need to get this done. It tinue to debate the same things over shall make no law . . . abridging has to do with a part of our Tax Code and over because there are some people [among other things] the freedom of that allows a company that packs up who think there is a good title to the speech.’’ We are thinking, for the first shop and moves the factory overseas to bill or a good headline: The five things time ever, we would amend the Bill of write off the cost of the move, so the we want to get done. Rights? Now, nobody really thinks we American taxpayers, including workers Equal pay. Who is not for equal pay? are going to do that so apparently ev- who just lost their job, would be paying The law requires equal pay. In fact, erybody thinks, as long as it is just a for it. when the President signed the Lilly show vote, it does not matter. But if Unfortunately, over the years, we Ledbetter Act, he said: This solves the you can take these freedoms today and have seen too much of that in Michi- problem. Well, suddenly, it does not decide they are worth bandying around gan. Now things are coming back. Man- solve the problem because we want to as a show vote, I suppose you could

VerDate Mar 15 2010 03:39 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.028 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5482 CONGRESSIONAL RECORD — SENATE September 10, 2014 take them tomorrow and actually One of the great rights we have as was a wake-up call that we needed bet- think about taking these freedoms Americans is the right to criticize ter oversight of our visa programs, es- away. those who are participating and, if we pecially student visas. But this wasn’t The Constitution would not have be- do participate, the right that others our first wake-up call. come the Constitution of the United have to criticize us. This is an effort In 1993 the American people were States without the promise of the Bill that if it occurred would certainly be a confronted with the first terrorist at- of Rights. The Founders got a lot of great thing for the current occupants tack on the World Trade Center. One of things right. They did not get every- of public office because you begin to the instigators of that attack was on thing right. But one of the things they write the rules in a way that makes it an expired student visa. got right was the Bill of Rights. One harder for those who don’t hold public Since 1993 we have mandated the thing that the States demanded when office to challenge those who do. No tracking of foreign students and gave the Constitution was shown to them one likes being criticized, but in our schools and universities a responsi- was: We can do that, but we are not country it is a fundamental part of who bility to help us monitor these pro- going to do that unless we are prom- we are. grams while these students are on U.S. ised that these fundamental rights that The Constitution wouldn’t have been soil. Unfortunately, while this tracking make us who we are and have the po- agreed to without the Bill of Rights. system is up and running today, it is tential to make us more than we are— The Bill of Rights, as I said before, still antiquated and the Federal Gov- that these fundamental rights are hasn’t been changed. The freedom of ernment remains incapable of ensuring guaranteed. We have never amended the press is one of those rights, but it that those students who enter the the Bill of Rights. So suddenly 45 Mem- is not the only one. This amendment country are truly attending our edu- bers of the Senate—with no enthusiasm would go a long way toward making cational institutions. Today nearly 10,000 schools across for this anywhere else that I can find the press the only way people get their the country accept foreign students, in the country—45 Members of the Sen- information and news. The press—the and those schools are responsible for ate have decided that for the first time media generally—has a guaranteed communicating with our government ever we would amend the Bill of right to do what they do, but individ- about the whereabouts of these stu- Rights. uals have a guaranteed right to say dents. Enrollment of foreign students Now, what does the Bill of Rights what they want to say, to participate give us? It gives us freedom of reli- is increasing. as the courts and the Constitution According to the Brookings Institu- gion—the first right. There will be an- allow in this great debate we call tion, the number of foreign students on other debate, I assume, late in the next America. F–1 visas in U.S. colleges and univer- 2 weeks to once again talk about how To see that dealt with in this way— sities grew from 110,000 in 2001 to important is that right of conscience, I actually wonder what people would 524,000 in 2012. Despite this over- that the Constitution in the Bill of think if they thought this was going to whelming increase, the technology and Rights guarantees—the very first free- happen. Nobody believes this is going oversight of the student visa program dom it gives us is the freedom to be- to happen because it is not going to has insufficiently improved. lieve what we believe. In fact, Presi- happen. We are taking the people’s Now, 13 years after 9/11, we have dent Jefferson said in the decade after time. We are taking the time given to sham schools setting up in strip malls the Constitution was written that of us by the Constitution and the people with no real classrooms. We have for- all the rights, that is the one we should to do the people’s work, to instead talk eign nationals entering the United hold most dear: the freedom to hold about things that shouldn’t happen, to States with the intent to study but our beliefs and not let the government talk about things that will not happen. then disappear and never attend a decide how you conduct yourself in To suggest there is a real debate class. I will give just two examples of ways that violate your faith beliefs. going on in Washington, when this is sham schools. But right after that comes—what we exactly what people are tired of—peo- In 2011, Tri-Valley University re- are talking about—freedom of speech, ple in Washington not doing their job ported that they would bring in less the second of all those freedoms. There and trying to convince the people than 100 students but actually brought may be people here not at all offended whom Washington should be working in over 1,500. Tri-Valley University of- by the fact that we can just bandy that for that somehow great debates are ficials were caught giving F–1 visas to around with no chance we are going to going on, when all we are doing is get- undercover agents posing as foreign na- change this amendment. It is not like ting ready for the next election, I am tionals who explicitly professed no in- there are 67 cosponsors of this amend- tired of that. I think most citizens of tention of ever attending classes. Stu- ment. our country are tired of it. dents paid $5,400 per semester in tui- I find it offensive we would talk For those who want to defend the tion to the school to obtain those stu- about this as if it is a freedom so easily Constitution, count me on their side. dent visas until that school was shut discussed and so easily utilized for po- I yield the floor. down. litical reasons that we just bring it up The PRESIDING OFFICER. The Sen- On May 29 this year, the Micropower here a few weeks before the election ator from Iowa. Career Institute in New York was raid- and talk about it, even though there is f ed by Federal officials. Its top officials no chance it could possibly be changed were arrested on student visa fraud. Al- at this point and shouldn’t be changed SCHOOL CERTIFICATION legedly, school officials did not report in the future. Mr. GRASSLEY. Mr. President, on foreign nationals when they didn’t at- The right of conscience, the freedom Thursday this country will commemo- tend classes, and they falsified those of speech, the freedom of press, the rate the 13th anniversary of the Sep- student records so the school could right to peaceably assemble, the right tember 11 terrorist attacks. continue to collect Federal education to petition the government—those are We learned many lessons from that dollars for those students. But despite the five freedoms given in the First day. One key lesson was that terrorists the indictment of officials at this so- Amendment to the Constitution, and can and will exploit our immigration called school, it still remains open for here we are talking about them as if system and policies to enter and re- business. they are nothing more than political main in the United States and now and The Government Accountability Of- talking points. They are who we are as into the future potentially harm Amer- fice reported to Congress in 2012 that a nation. icans. sham schools posed a problem. We put The chilling effect this discussion has The 9/11 attacks were carried out by a lot of faith in the work of the Gov- on the First Amendment is concerning. 19 hijackers, some of whom entered on ernment Accountability Office. The I suppose part of it is to convince peo- student visas and trained in flight GAO said the Immigration and Cus- ple: You don’t want to participate in schools in the United States. The 19 in- toms Enforcement does not have a the system because you are going to be dividuals applied for 23 visas. They lied process to identify and analyze risks criticized if you participate in the sys- on their applications. They failed to across schools. Immigration and Cus- tem. abide by the terms of their visas. This toms Enforcement has overlooked

VerDate Mar 15 2010 03:39 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.030 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5483 major indicators of fraud, and they Jim and I were both so-called Water- why we don’t get much done around cannot follow trends or predict abuse. gate babies—two of the very few new here anymore. Two years later the problems continue Republican House Members who sur- But the pivotal point on the 2001 tax to exist and the Obama administration vived the 1974 election after Nixon’s bill came right before the time Senator just fiddles while the problem burns. resignation and subsequent pardon. So Jeffords switched political parties. I ABC News investigated the student we joined the House of Representatives could never really blame Jim for his visa program and made it public last together and became friends then. decision. I didn’t agree with that deci- week. They said 6,000 foreign nationals It wasn’t only a tough political envi- sion, but I know he felt he had been on student visas have disappeared. An ronment back then, it was also a phys- mistreated by some in our party and ICE official acknowledged that they ical challenge for us. During that cam- had strong disagreements with some of had ‘‘blended into the landscape some- paign year I had surgery on my leg and us on issues. where.’’ Yet this number of 6,000 is not was walking on crutches. Jim had been During floor consideration of the tax the total number of student visa in a car accident and had a neck brace bill that year, we were near the end, overstays. This is the number of stu- as a result of that accident. and the Democratic minority at that dents that the Immigration and Cus- An amusing story has been reported time was offering amendment after toms Enforcement is trying to locate. about the two of us. I didn’t hear it amendment to stall the bill. We had That ought to be alarming news that it myself, but it had been brought up in a gotten to the point where they were is only 6,000. report on the funeral. The amusing just changing a few words in an amend- It is time to close the loopholes and story is about the two of us walking ment and offering the same amend- clamp down on schools that have a down the aisle of the House to be sworn ment again. poor track record with regard to for- in as freshmen after that devastating At that point I walked over to then- eign students. So this week I am intro- election for Republicans—this Senator minority whip—who happens to be the ducing legislation that requires schools on crutches and Jim with his neck current majority leader—Senator REID to be certified in order to bring in for- brace. and asked what was going on. He said: eign students, and it would suspend Somewhere in the Chamber, a Demo- Well, we think things may be changing schools if there are noncompliance cratic Member yelled out, ‘‘There’s two around here very soon. Of course, I issues. My bill would increase penalties more that we almost got!’’ didn’t know what he was talking about for those who perpetrate fraud and re- The two of us laughed for years about and I assumed that some votes were quire background checks and training that because of course we had the last going to change. But of course he was for school officials. It would also put laugh, serving for many years and talking about the impending party an immediate end to a flight school’s being elected to the Senate and both switch that none of us knew anything participation in the foreign student becoming chairmen of committees in about involving Senator Jeffords. Re- program if they are not FAA approved. this body. member, at that time we were split 50/ Finally, it would require the Depart- One of the most honorable things 50. Of course, what that meant was the ment of Homeland Security to deploy Jim did for me and, I believe, for the Senate leadership would change and an upgrade to the existing tracking country was in regard to the 2001 tax presumably the new Democratic lead- system. This upgrade can be paid for by relief bill that was by some measures ership would pull the tax bill from the using fees from student visas and the the largest tax cut in history. Not floor and kill it. So it was important schools that participate. many know the history of that bill. I for the Democrats to stall as long as What I just said aren’t new ideas. was chairman of the Finance Com- they could on the bill, anticipating the These are provisions that were taken mittee and so was in charge of putting Jeffords switch. But to his great credit, from a 2012 bipartisan bill led by the the bill together and getting it passed Senator Jeffords came to me and told senior Senator from New York. That in the Senate. The process started with me that out of respect for me and the bill never passed the Senate. When the a budget resolution with reconciliation way I worked with him on this tax bill, Gang of 8 wrote their misguided immi- instructions to our Finance Com- he would not officially change parties gration bill, they failed to include mittee. until after the tax bill was passed. So these reforms. So I offered an amend- The Bush administration pressed we were able to finish that historic bill ment during committee consideration that year for a $1.6 trillion tax cut. and get it signed into law. of the immigration bill last summer Senator Jeffords and others insisted This little-known episode dem- and it was included in the bill that that the number had to be cut by $300 onstrates what an honorable man and passed the Senate. billion because they feared the money true friend Jim Jeffords was. He didn’t The bill I am introducing today is wouldn’t be there in the end. Of course, let politics dictate whatever he was de- the exact same language. It has been as we now know from history, they termined to do, and he stood by his debated. It was accepted by unanimous ended up being right on that point a word. I only wish we could see more of consent in the Judiciary Committee. few years later when we sank into that now in today’s Senate. If we did, I hope my colleagues will seriously years of deficit spending, but we needed we would all certainly be better off, it consider the bill I am introducing. It is their votes. I made it clear to Presi- would be a better place, our policies well past time that we close loopholes dent Bush and our leadership that if we would be a lot better, and we would be and be more vigilant in the foreign stu- wanted to get something done and have more productive. dent visa program, especially with the a historic tax cut, we had to lower our I commemorate Senator Jeffords in growing terrorist threat we face. sights some and still get most of what his death. My sympathies are with his REMEMBERING JAMES M. JEFFORDS we wanted. family. I will miss him, and I wish him Madam President, I wish to pay trib- Unfortunately, I took a lot of criti- Godspeed. ute to Senator Jeffords of Vermont, cism from my side for supporting Sen- I yield the floor. who passed away last month. ator Jeffords and others, but I knew The PRESIDING OFFICER. The Sen- Senator Jeffords died this last Au- where the votes were and where the ator from Wyoming. gust while the Senate was in recess. votes weren’t. I remember a bunch of Mr. BARRASSO. Thank you, Madam Yesterday, the Senate appropriately House Members even had a press con- President. adopted a resolution commemorating ference saying some not-so-nice things FACING GREAT CHALLENGES the former Senator. about me and the idea of only accept- As I come to the floor today, the Sen- Senator Jeffords is probably best ing a $1.3 trillion tax package. But our ate is debating a plan by which Wash- known for switching parties, from Senate Republican leadership wanted a ington Democrats seek to restrict the being a Republican to an Independent good result, and they agreed to com- First Amendment rights of American and caucusing with the Democrats promise in order to get it. That is not citizens—part of the Constitution. back in 2001. As much as that switch something you see nowadays around Under this proposal certain people hurt at the time, I always held Jim in here on very big bills. If the majority would no longer enjoy the same right very high regard and I knew him to be cannot have their way, they just file to free speech and the same right to ex- a very honorable man. cloture and let the bill die, which is press themselves.

VerDate Mar 15 2010 03:39 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.061 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5484 CONGRESSIONAL RECORD — SENATE September 10, 2014 I believe this amendment is a terrible them. They don’t need Washington to nesses hire more people and help them idea, and it really has no chance of be- tell them. We should replace the Presi- grow. There were 130 Democrats in the coming law. Majority Leader REID dent’s health care law with reforms House who voted in favor of it. Why wants the vote anyway. He thinks this that actually get people the care they aren’t we voting on that today? We outrageous amendment that he need from a doctor they choose at cannot get a simple up-or-down vote in dreamed up will somehow help Demo- lower costs. the Senate. The majority leader will crats win elections this November. The The people I talk with back at home not bring it to the floor. Why won’t he majority leader has come to the floor in Wyoming are also worried about en- allow it? repeatedly to criticize and to demonize ergy costs—especially since it is start- There is one bill after another that American citizens who don’t share his ing to get colder in much of the coun- Republicans have offered, Republicans views. It is nothing but political try. Washington should be looking for have passed in the House of Represent- grandstanding and showboating. ways to help Americans produce more atives—bipartisan bills—and the Sen- President Obama was on ‘‘Meet the affordable, reliable, and efficient en- ate Democrats don’t want to talk Press’’ last Sunday. The President ergy right here at home. The oppor- about them. They don’t want to talk talked about what is going on in Wash- tunity is there. That would mean jobs about Republican ideas for tax reform ington. The President said that ‘‘people for American families, and it would that would lower tax rates and make want to get stuff done.’’ That is what also mean energy security for our Na- the whole tax system simpler, more he says the American people want from tion. fair. They don’t want to talk about Re- their representatives in Congress. So if We could start right now by approv- publican ideas to strengthen and sta- the American people want us to get ing the Keystone XL Pipeline. For 6 bilize the entitlement programs—such stuff done, why are the Democrats in years the application has been sitting as Social Security and Medicare—to the Senate so determined to do noth- waiting for action. A bill to do that make sure they are there for future ing? Why are they wasting time on po- passed the House of Representatives generations. They certainly don’t want litical show votes? Why are they not with bipartisan support. Why aren’t we to talk about Republican ideas to ad- allowing amendments and debate on voting on that today in the Senate? dress Washington’s out-of-control debt. important bills? Why are they blocking The Obama administration admits the Those are the kinds of measures we legislation that has passed the House pipeline would actually support thou- should be talking about today on the of Representatives with bipartisan sup- sands of good American jobs. The appli- floor of the Senate. That is the legisla- port and is right now sitting on Sen- cation to build the Keystone Pipeline tion which Republicans have intro- duced and which we are going to keep ator REID’s desk waiting for a vote? has been stalled for 6 years. The admin- Our Nation faces great challenges, istration should demand action today. fighting for in the Senate. That is what and many Americans are hurting. Re- If the President won’t do it, Congress the American people are talking about publicans have solutions that will cre- still could and should. when they say they want Washington ate jobs while strengthening our en- Congress should pass legislation to to get stuff done. They don’t mean ergy security, improving our health speed up exports of liquefied natural more terrible ideas like the President’s care, and cutting government redtape. gas. Our Nation has abundant supplies health care law and its multiple dam- New numbers came out just last week of natural gas, and producers want to aging side effects. They don’t mean that show America’s labor force par- export it to customers around the job-killing redtape and Washington ticipation rate is at about the lowest world who are seeking it. The Obama mandates. They don’t mean political level it has been in decades. The House administration has delayed the permits show votes that would restrict Ameri- cans’ free speech. of Representatives—where Republicans to let them do it. Democrats right here President Obama and Democrats in are in charge of the schedule—has in the Senate have delayed the bipar- the Senate have turned their backs on tisan solution that has already passed passed more than 40 bills to help get middle-class families who are des- Americans back to work. Those bills the House. We should take a vote on perately in need of jobs. Democrats are sitting in the Senate waiting for a that bill today and pass it. want to waste time while they are try- We should pass a bill that would re- vote. Is that what the President means ing to salvage their political careers. form the regulations blocking energy when he says people want to get stuff Republicans want to help get Ameri- production on Federal lands. done? cans back to work. There was a headline in Politico on We should end the Obama adminis- Thank you, Madam President. Tuesday morning that read ‘‘Majority tration’s pointless and destructive war I yield the floor, and I note the ab- say that President Obama a failure.’’ A on coal and let the men and women sence of a quorum. new poll found that 52 percent of Amer- across this country who work in that The PRESIDING OFFICER. The icans think the Obama Presidency has industry get their jobs and their lives clerk will call the roll. been a failure. So what do Washington back. The assistant legislative clerk pro- Democrats do in response? Absolutely American businesses are waiting to ceeded to call the roll. nothing. create jobs. The only thing standing in Mr. CARDIN. Madam President, I ask People want Washington to deal with the way is the Senate majority leader. unanimous consent that the order for the challenges that matter most in Senate Democrats don’t want to vote. the quorum call be rescinded. their individual lives. We could start They don’t want to vote to help the The PRESIDING OFFICER. Without by doing something about the Presi- millions of Americans who are out of objection, it is so ordered. dent’s health care law that is causing the labor force. They would rather pro- TRIBUTE TO PRISCILLA A. ROSS so much harm to people across the tect the Washington bureaucracy—a Mr. CARDIN. Madam President, one country. bureaucracy that slows down and sti- of the joys of being an elected member A bipartisan plan has already passed fles economic growth. of Congress is getting to hire and know the House that would stop the em- Cutting through the redtape to help and work with dedicated public serv- ployer mandate that businesses provide Americans get back to work is one of ants who toil behind the scenes—our expensive Washington-mandated the top priorities of Republicans, and it staffs. One of those individuals is my health insurance. That part of the should be the top priority of every Sen- policy director Priscilla Ross, who first President’s health care law forces ator in this body. We could do it by joined my staff over 16 years ago when small businesses to cut hours—there- passing a bill—one that has already I was serving in the House of Rep- fore cutting paychecks—for the work- passed the House—that would rein in resentatives. ers and is also holding back hiring. We excessive regulations that make it I rise this afternoon in a bittersweet should take up that legislation here in tougher for small businesses to invest, moment to thank Priscilla for her serv- the Senate. to grow, and to hire. ice to me, the citizens of Maryland, and We should restore people’s freedom to We could pass another bill from the all Americans on the occasion of her buy health insurance that actually House that helps businesses defend departure from the Senate. works for them and their families be- themselves against abusive patent law- Starting next week she will be the cause people know what works best for suits. That is going to help small busi- senior associate director for Federal

VerDate Mar 15 2010 03:39 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.034 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5485 relations at the American Hospital As- Fortunately, at some point, she did Bill of Rights, which means that indi- sociation, AHA, which is the national get that idea and pursued it. Fortu- viduals with private health care plans organization that represents and serves nately for me, I was the one who hired will have the right to choose their pri- all types of hospitals, health care net- her. Before that happened, Priscilla mary health care provider, that women works, and their patients and commu- went to Boston University before fin- will have direct access to obstetrics nities. The AHA is comprised of nearly ishing her college career at American and gynecology services and be able to 5,000 hospitals, health care systems, University, where she received a B.A. pick their own providers, and that pa- networks, other care providers, and has in political science. She held a summer tients with medical emergencies will over 43,000 individual members. internship in the office of Yvonne be guaranteed coverage for necessary Priscilla Ross is a consummate Sen- Braithwaite in California. emergency room visits in accordance ate staffer. She is extremely intel- She was an outstanding student. She with the ‘‘prudent lay person’s stand- ligent. She has mastered her subject was inducted into Pi Sigma Alpha, ard.’’ Because of Priscilla’s work, we areas, which include health care and which is a national political science were able to move forward in these budget. She works hard. She is both a honor society, and the Golden Key Na- areas. pragmatist and an original creative tional Honor Society. She is also a Because of the work of Priscilla Ross, thinker. She works well with her col- member of the Zeta Phi Beta sorority, tens of thousands of retired veterans leagues across the aisle and across the a national sorority founded nearly 95 and their spouses have access to the Hill. She is a problem solver. She sees years ago at Howard University here in health care benefits to which they are the big picture but pays attention to the District. entitled, including Medicare Part B, Before Priscilla joined my staff, she detail. without being penalized for signing up was the political affairs manager for Her political acumen and sense of too late. So let me explain. the American Association of Health timing are first rate. She tells me what Under current law, people who do not I need to know and, more importantly, Plans, the trade association for more than 1,000 managed care plans across enroll in Medicare Part B when they what I need to hear—even when I don’t are first eligible, to do so must pay a want to hear it. Above all, Priscilla has the country. Priscilla also represented the investor-owned hospital industry 10-percent penalty for every year they been driven by a passion to help people have not participated. But 10 years and make things better for Americans, as an assistant vice president for legis- lation at the Federation of American ago, military retirees could not have especially the disadvantaged and vul- anticipated the rules changes that have nerable among us. The disparity of Health Systems where she lobbied Con- gress on issues important to 1,400 hos- occurred in military health systems health outcomes between different since 1996 when the Department of De- communities and racial groups in this pitals and health care systems with a specific focus on Medicaid and Medi- fense replaced CHAMPUS with Nation—I know—continues to concern TRICARE, nor could they have known Priscilla, who has made me more aware care reimbursement. In that position she also represented that participation in TRICARE after of the problem. 1965 would eventually require Medicare Members of Congress, especially Sen- the association in various Washington- enrollment. In some cases, the military ators, depend on their senior staff to based health care coalitions, prepared advised retirees that Medicare cov- sort through the innumerable demands congressional testimony for associa- erage was duplicative, recommending on our time and to help us concentrate tion members, designed and coordi- that they do not enroll. We fixed that. our time on the most important oppor- nated the FAHA grassroots program, I would note that a couple from Okla- tunities and priorities. To do that as staffed the legislative steering and PPS-exempt hospital committees, and homa—not Maryland—brought this well as Priscilla has done for 16 years drafted comments to proposed Health problem to Priscilla’s attention and requires not only deep policy expertise Care Financing Administration regula- the result was we were able to get it but a shrewd understanding of the Sen- tions affecting hospital reimburse- done. ate and a comprehensive familiarity ment. with the people and the institutions of While Priscilla has spent most of her Priscilla has also worked in health time working on health care, she has Maryland. It also demands a willing- care delivery settings as a new member ness to bring a seasoned, respectful aptly demonstrated her ability to get representative for the Harvard Commu- things done on other issues. Let me skepticism to the scores of requests nity Health Plan in Boston, as admin- every Senate office receives every week speak for a moment about the fiscal istrative services coordinator at the year 2012 consolidated appropriations to support this or that legislative ini- Psychiatric Institute of Washington, a tiative and to have the judgment to bill that contained $919 million for the private 201-bed acute-care facility, and Small Business Administration—$189 sort out the strong policy cases from as an information assistant with Blue the powerful interests. In that, Pris- million more than previous years. This Cross Blue Shield of the national cap- was the first time in many years that cilla has excelled. I am grateful for the ital area. She came to me with some high standard she has met. the SBA got a bump-up in their appro- experience, and she used that to help priation. I was on the Budget Com- Priscilla came to Capitol Hill to im- people. prove people’s lives. She has succeeded mittee at the time. With regard to Priscilla’s accom- The Disaster Loan Program received in that regard—far beyond what most plishments while working on my staff, an increase of $72 million. With Pris- of us are able to accomplish. She has the list is so long and comprehensive, I cilla’s help, I authored an amendment had an extraordinary career. will only be able to comment on a few to the American Recovery and Rein- While I am sad that she is leaving the items. Senate, I take solace in the fact that Priscilla has staffed my efforts to re- vestment Act that increased the surety she is not leaving ‘‘the arena.’’ She will peal arbitrary and unfair outpatient bond limits from $2 million to $5 mil- continue to find ways to make health physical, occupational, speech-lan- lion to help small businesses. Each of care better, more accessible, and more guage therapy caps for Medicare bene- these initiatives was started by Pris- affordable for all Americans in her new ficiaries since they were enacted in cilla Ross. She marshaled them care- post at the AHA. 1997—first in the House and now in the fully through the committee and Priscilla is a proud native of the Dis- Senate. Because of Priscilla’s efforts through the process, and the end result trict of Columbia—born and raised in we have been able to prevent the caps is they became law. the shadow of the Capitol building, so from being implemented. A moment ago, I mentioned that my to speak. She likes to reminisce about With Priscilla’s help, the legislation and Priscilla’s concern is about health taking the number 30 bus along Inde- I authored to expand Medicare to in- disparities. The United States spends pendence Avenue to her school at clude preventive benefits, such as nearly $1 trillion in excess health care Tenley Circle every day. She said that colorectal, prostate, mammogram, and costs due to racial and ethnic health as a child she never imagined she osteoporosis screening was enacted disparities. Priscilla has taken the lead would some day work in the Capitol into law. in fashioning policies to close the gap. building she passed on her way to and Thanks to Priscilla’s persistence, It is not just about economics; it is a from school. Congress finally passed the Patients’ social justice that strikes at the heart

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.036 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5486 CONGRESSIONAL RECORD — SENATE September 10, 2014 of who we are as a nation. At Pris- When Thomas Jefferson followed law after his election. Without this cilla’s suggestion, I authored provi- Benjamin Franklin to Paris as Min- law, women had only 180 days after sions that establish in statute Offices ister of America, he remarked that no their first discriminatory paycheck to of Minority Health in the key agencies one could replace Franklin. He, Jeffer- challenge it, even if they only found in the U.S. Department of Health and son, was merely a successor. I feel the out about it years and years later. Human Services, including the Centers same way about Priscilla: There may After all, Lilly’s employer did not an- for Medicare and Medicaid Services, be a successor, but no one will be able nounce they were discriminating the Food and Drug Administration, and to replace her. against her in pay. So in her case it the Agency for Healthcare Research I thank her for her wise counsel, in- took many years, and she was far be- and Quality. Without the basic re- domitable spirit, outstanding public yond the 180 days the Supreme Court search needed to discover the causes of service, and enduring friendship, and I said would be the timeframe in which disparities and develop new treat- wish her the best of luck in her new ca- she could try and get redress. ments, we will not be able to make sig- reer. While the Lilly Ledbetter Act ad- nificant progress in closing the gaps, so Thank you, Madam President. I sug- dressed one part of the equal pay prob- Priscilla successfully advocated to ele- gest the absence of a quorum. lem, if we are going to make sure all vate the National Center for Minority The PRESIDING OFFICER. The women get a fair shot, we need to pass Health and Health Disparities to the clerk will call the roll. the Paycheck Fairness Act. This bill newest institute at the National Insti- The assistant legislative clerk pro- would require employers to prove that tutes of Health. We now have a Na- ceeded to call the roll. pay gaps between men and women are tional Institute on Minority Health Ms. HIRONO. Madam President, I ask based only on a business reason and not and Health Disparities, thanks to Pris- unanimous consent that the order for on gender. cilla Ross. the quorum call be rescinded. The Paycheck Fairness Act will In 2007, shortly after I became a Sen- The PRESIDING OFFICER. Without make it easier for workers to compare ator, 12-year-old Marylander Deamonte objection, it is so ordered. their salaries and figure out whether Driver died of a toothache just a few PAYCHECK FAIRNESS ACT they are victims of discrimination. miles from this building. As the Wash- Ms. HIRONO. Madam President, I Right now, without this act, employers ington Post recounted: rise today to support the Paycheck can still fire workers for sharing the A routine, $80 tooth extraction may have Fairness Act. Equal pay for equal work basic information about how much saved him. If his mother had been insured. If is the law of the land. It has been for they are getting paid. This bill this family had not lost Medicaid. If Med- over 50 years. Yet the law is one thing icaid dentists weren’t so hard to find . . . By strengthens penalties for companies the time his aching tooth got any attention, and the reality is quite another. that discriminate against women. It the bacteria from the abscess had spread to Women still get paid far less than men would bring class action protection for his brain, doctors said. After two operations for the same work. women in line with other civil rights and more than six weeks in the hospital, the Last year Hawaii News Now, a TV laws. Prince George’s County boy died. station in Hawaii, shared the story of a The bill includes an exemption for Priscilla was determined to turn this woman in Honolulu. She had been ask- small businesses and a phased-in time terrible tragedy into something posi- ing for a raise for over a year, to no for businesses to learn what they are tive. She immediately began working avail. Her employers acknowledged required to do. to expand access to health care for all that she was underpaid, but they didn’t In addition, the Paycheck Fairness Americans, regardless of their income. do anything about it. Then she found Act would help prevent pay discrimina- Thanks to Priscilla we were able to se- out a new male hire with less experi- tion in the first place by providing cure guaranteed dental benefits for ence would be paid $5,000 more to do training for both management and children in the reauthorization of the the same job. workers. This past April 8 was Equal Children’s Health Insurance Program, She is not alone. In Hawaii a woman Pay Day. That is the day when wom- along with a dental education program makes, on average, 83 cents for every en’s earnings in this country caught up for parents of newborns, and a new dollar a man makes. While that is bet- with men’s earnings from the previous HHS Web site and toll-free number ter than the national average, it is still year. In other words, it took women 16 with information about the State’s not equal pay for equal work. months to catch up with what their dental coverage, and a list of partici- Research shows that the gender gap male counterparts were making in 12 pating providers. We were able to se- in pay begins with a woman’s first job months. cure funding for a mobile dental health and widens from there. So when a The very next day, here on the Sen- care lab dedicated in 2010 that now car- young woman graduates and takes her ate floor, every single Republican Sen- ries Deamonte’s name. To encourage place in the workplace, her starting ator voted to filibuster the Paycheck public service activities that promote line is already behind that of her male Fairness Act, which failed on a proce- oral health, the Edward M. Kennedy colleagues. That makes it harder for dural vote. I hope our Republican Serve America Act includes the provi- her to catch up, no matter how hard friends will reconsider their position on sion ensuring that activities assisting she works. this important issue this time around. individuals in obtaining dental services The women I know work incredibly This year President Obama signed an can qualify for funding. hard. Many of them are heads of house- Executive order to implement parts of Each of these accomplishments was holds and sole breadwinners, which the Paycheck Fairness Act for Federal initiated by Priscilla Ross. makes the pay inequality that much contractors. That is a major step for- These are just a few of Priscilla’s ac- tougher for them. ward for thousands of women. But complishments. Suffice it to say that The gender pay gap persists even for there are millions more who are not young children across America too nu- workers with the same level of experi- covered by this executive action. merous to count now have access to ence and education. The gap is even Today in the Senate we have another dental care, thanks to Priscilla Ross, wider for older women. chance to give the women of our coun- although they will never know her Congress passed the Equal Pay Act try a fair shot, another chance for us to name. Suffice it to say that seniors over 50 years ago. As I said earlier, this live up to a law that we passed 50 years across America will be saved from pre- is the law of the land. Yet the pay gap ago. mature death by preventive health persists. While the gap has shrunk—not I urge my colleagues to pass the Pay- screenings, thanks to Priscilla Ross, by much—women only earn 77 cents on check Fairness Act without delay. although they will never know her the dollar nationally. As Senator MI- Fifty years is long enough to wait. name. Because of Priscilla, we are clos- KULSKI often says, in 50 years, women I yield the floor. I suggest the ab- er to a more perfect union, which is the have only gained a few cents. sence of a quorum. birthright of each and every American, In 2009, I was proud to support and The PRESIDING OFFICER (Mr. regardless of race, color, creed, eth- vote for the Lilly Ledbetter Act which COONS). The clerk will call the roll. nicity, gender, sexual orientation, or President Obama signed into law. It The assistant legislative clerk pro- economic status. was the very first bill he signed into ceeded to call the roll.

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.038 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5487 Mr. REID. I ask unanimous consent The PRESIDING OFFICER. The The amendment is as follows: that the order for the quorum call be clerk will report the amendment. In the amendment, strike ‘‘system’’ and in- rescinded. The bill clerk read as follows: sert ‘‘process’’. The PRESIDING OFFICER. Without The Senator from Nevada [Mr. REID] pro- Mr. REID. I ask for the yeas and nays objection, it is so ordered. poses an amendment numbered 3792 to on that amendment. Under the previous order, all amendment numbered 3791. The PRESIDING OFFICER. Is there a postcloture time on the motion to pro- The amendment is as follows: sufficient second? ceed to S.J. Res. 19 is expired. At the end, insert the following: There appears to be a sufficient sec- The question is on agreeing to the ‘‘, which shall not be limited to bribery or ond. motion to proceed. quid pro quo corruption’’ The yeas and nays were ordered. The motion was agreed to. AMENDMENT NO. 3793 AMENDMENT NO. 3797 TO AMENDMENT NO. 3796 f Mr. REID. Mr. President, I have an Mr. REID. Mr. President, I have a PROPOSING AN AMENDMENT TO amendment to the underlying joint res- second-degree amendment at the desk. THE CONSTITUTION OF THE olution. The PRESIDING OFFICER. The UNITED STATES RELATING TO The PRESIDING OFFICER. The clerk will report the amendment. CONTRIBUTIONS AND EXPENDI- clerk will report the amendment. The bill clerk read as follows: The bill clerk read as follows: TURES INTENDED TO AFFECT The Senator from Nevada [Mr. REID] pro- ELECTIONS The Senator from Nevada [Mr. REID] pro- poses an amendment numbered 3797 to poses an amendment numbered 3793 to S.J. amendment numbered 3796. The PRESIDING OFFICER. The Res. 19. The amendment is as follows: clerk will report the joint resolution. The amendment is as follows: The assistant bill clerk read as fol- At the end, add the following: In Section 1, strike ‘‘electoral processes’’ lows: ‘‘, which shall not be constrained to brib- and insert ‘‘the electoral processes and to ery or quid pro quo corruption’’ A joint resolution (S.J. Res. 19) proposing prevent corruption in government’’ CLOTURE MOTION an amendment to the Constitution of the Mr. REID. I ask for the yeas and nays United States relating to contributions and Mr. REID. Mr. President, I have a expenditures intended to affect elections. on that amendment. cloture motion at the desk. The PRESIDING OFFICER. Is there a The Senate proceeded to consider the The PRESIDING OFFICER. The clo- sufficient second? ture motion having been presented joint resolution which had been re- There appears to be a sufficient sec- ported from the Committee on the Ju- under rule XXII, the Chair directs the ond. clerk to read the motion. diciary with an amendment, as follows: The yeas and nays were ordered. That the following article is proposed as an The bill clerk read as follows: AMENDMENT NO. 3794 TO AMENDMENT NO. 3793 amendment to the Constitution of the United CLOTURE MOTION Mr. REID. Mr. President, I have a States, which shall be valid to all intents and We, the undersigned Senators, in accord- purposes as part of the Constitution when rati- second-degree amendment at the desk. ance with the provisions of rule XXII of the fied by the legislatures of three-fourths of the The PRESIDING OFFICER. The Standing Rules of the Senate, hereby move several States: clerk will report the amendment. to bring to a close debate on S.J. Res. 19, a ‘‘ARTICLE— The bill clerk read as follows: joint resolution proposing an amendment to the Constitution of the United States relat- ‘‘SECTION 1. To advance democratic self-gov- The Senator from Nevada [Mr. REID] pro- ernment and political equality, and to protect poses an amendment numbered 3794 to ing to contributions and expenditures in- the integrity of government and the electoral amendment numbered 3793. tended to affect elections. Harry Reid, Patrick J. Leahy, Tom process, Congress and the States may regulate The amendment is as follows: and set reasonable limits on the raising and Udall, Bernard Sanders, Jeff Merkley, At the end, insert the following: spending of money by candidates and others to Mark Begich, Joe Manchin III, Amy ‘‘, which shall not be defined solely as brib- influence elections. Klobuchar, Tammy Baldwin, Mazie K. ery or quid pro quo corruption’’ Hirono, Sherrod Brown, Elizabeth War- ‘‘SECTION 2. Congress and the States shall have power to implement and enforce this article MOTION TO RECOMMIT WITH AMENDMENT NO. 3795 ren, Robert Menendez, Robert P. Casey, by appropriate legislation, and may distinguish Mr. REID. Mr. President, I have a Jr., Al Franken, Sheldon Whitehouse, between natural persons and corporations or motion to recommit S.J. Res. 19 with Richard J. Durbin. other artificial entities created by law, including instructions. Mr. REID. I ask unanimous consent by prohibiting such entities from spending The PRESIDING OFFICER. The the mandatory quorum to rule XXII be money to influence elections. clerk will report the motion. waived. ‘‘SECTION 3. Nothing in this article shall be The bill clerk read as follows: The PRESIDING OFFICER. Is there construed to grant Congress or the States the objection? Without objection, it is so power to abridge the freedom of the press.’’. The Senator from Nevada [Mr. REID] moves to recommit the bill to the Committee on ordered. AMENDMENT NO. 3791 the Judiciary with instructions to report f Mr. REID. I have an amendment to back forthwith the following amendment the committee-reported substitute, numbered 3795. PAYCHECK FAIRNESS ACT— which is at the desk. The amendment is as follows: MOTION TO PROCEED The PRESIDING OFFICER. The In Section 1, strike ‘‘and electoral proc- Mr. REID. I now move to proceed to clerk will report the amendment. esses’’ and insert ‘‘process and prevent cor- the motion to reconsider the vote by The bill clerk read as follows: ruption in the electoral system’’ which cloture was not invoked on the The Senator from Nevada [Mr. REID] pro- Mr. REID. Mr. President, I ask for motion to proceed to S. 2199, the Pay- poses an amendment numbered 3791 to the the yeas and nays. check Fairness Act. committee-reported substitute. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The The amendment is as follows: sufficient second? question is on agreeing to the motion. In Section 1, strike ‘‘and the electoral There appears to be a sufficient sec- The motion was agreed to. process’’ and insert ‘‘ the electoral process ond. Mr. REID. Mr. President, I now move and to prevent corruption’’ The yeas and nays were ordered. to reconsider the vote by which cloture Mr. REID. Mr. President, I ask for AMENDMENT NO. 3796 was not invoked on S. 2199, the Pay- the yeas and nays on that amendment. Mr. REID. Mr. President, I have an check Fairness Act. The PRESIDING OFFICER. Is there a amendment to the instructions at the The PRESIDING OFFICER. The sufficient second? desk. question is on agreeing to the motion. There appears to be a sufficient sec- The PRESIDING OFFICER. The The motion was agreed to. ond. clerk will report the amendment. CLOTURE MOTION The yeas and nays were ordered. The bill clerk read as follows: The PRESIDING OFFICER. The clo- AMENDMENT NO. 3792 TO AMENDMENT NO. 3791 The Senator from Nevada [Mr. REID] pro- ture motion having been presented Mr. REID. Mr. President, I have a poses an amendment numbered 3796 to the under rule XXII, the Chair directs the second-degree amendment at the desk. instructions to the motion to recommit. clerk to read the motion.

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.041 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5488 CONGRESSIONAL RECORD — SENATE September 10, 2014 The bill clerk read as follows: Rubio Shelby Toomey beards and Birkenstocks trying to help Sessions Thune Vitter CLOTURE MOTION the kids. They are being brought in by NOT VOTING—2 We, the undersigned Senators, in accord- hardened, drug-tough coyotes, cartels. ance with the provisions of rule XXII of the Harkin Murkowski And these little boys and little girls Standing Rules of the Senate, hereby move The PRESIDING OFFICER. On this are being physically victimized, phys- to bring to a close debate on the motion to vote the yeas are 73, the nays are 25. ically abused, sexually abused. proceed to Calendar No. 345, S. 2199, a bill to Upon reconsideration, three-fifths of When I was at Lackland Air Force amend the Fair Labor Standards Act of 1938 the Senators duly chosen and sworn Base, a senior official there described to provide more effective remedies to vic- having voted in the affirmative, the to me how the cartels, when they have tims of discrimination in the payment of control of these kids and are smuggling wages on the basis of sex, and for other pur- motion is agreed to. The clerk will report the motion to them illegally into this country, some- poses. times will hold the kids hostage and Harry Reid, Barbara A. Mikulski, Patty proceed. Murray, Richard J. Durbin, Kirsten E. The bill clerk read as follows: try to extract more money from the Gillibrand, Brian Schatz, Heidi Motion to proceed to consideration of S. families. In order to do so, Heitkamp, Martin Heinrich, Tammy 2199, a bill to amend the Fair Labor Stand- horrifyingly, they will sever body parts Baldwin, Barbara Boxer, Debbie Stabe- ards Act of 1938 to provide more effective from these kids. This senior official at now, Mazie K. Hirono, Kay R. Hagan, remedies to victims of discrimination in the Lackland described to me how these Mary Landrieu, Claire McCaskill, payment of wages on the basis of sex, and for coyotes will put a gun to the back of Jeanne Shaheen, Dianne Feinstein, other purposes. the head of the little boy or little girl Amy Klobuchar. The PRESIDING OFFICER. The Sen- and order that child to cut off the fin- The PRESIDING OFFICER. By unan- ator from Texas. gers or ears of another little boy or lit- imous consent, the mandatory quorum BORDER SECURITY tle girl, and if they don’t do it they call has been waived. Mr. CRUZ. Mr. President, Americans will shoot that child and move on to The question is, Is it the sense of the across the country have been riveted the next one. They describe how on Senate that debate on the motion to by the crisis occurring on our southern this end we are getting, No. 1, some proceed to S. 2199, a bill to amend the border. children who have been horribly Fair Labor Standards Act of 1938 to President Obama is correct with one maimed by these vicious coyotes and, provide more effective remedies to vic- regard: What we are seeing is a human- No. 2, we are getting children who have tims of discrimination in the payment itarian crisis. But it is a crisis, sadly, enormous psychological trauma from of wages on the basis of sex, and for of the President’s own creation, and it being forced to participate in such hor- other purposes, shall be brought to a is the direct consequence of President rors. close? Obama’s laws. To understand why, one The crisis at the border cannot be The yeas and nays are mandatory merely has to look at the numbers. solved without ending the promise of under the rule. Three years ago, in 2011, there were amnesty. The data demonstrates that, The clerk will call the roll. roughly 6,000 unaccompanied children compellingly, it was when the Presi- The assistant bill clerk called the entering the country illegally. Then in dent granted amnesty that the num- roll. June of 2012, just before the election, bers spiked, but more recent data dem- Mr. DURBIN. I announce that the the President unilaterally granted am- onstrates that as well. A few months Senator from Iowa (Mr. HARKIN) is nec- nesty to some 800,000 people here ille- ago the Border Patrol conducted a sur- essarily absent. gally who entered as children. vey of over 200 people who entered ille- Mr. CORNYN. The following Senator As a direct foreseeable consequence gally, many of them children, and is necessarily absent: the Senator from of that—the predicted consequence of asked the obvious question: Why are that is: If you grant amnesty to people you coming? What has changed? Just 3 Alaska (Ms. MURKOWSKI). who enter as children, you create an years ago it was only 6,000 kids and The PRESIDING OFFICER. Are there enormous incentive for more and more now it is 90,000. What has changed? any other Senators in the Chamber de- children to enter the country illegally. Ninety-five percent of them told the siring to vote? That is exactly what we have seen hap- Border Patrol they were coming be- The yeas and nays resulted—yeas 73, pening. cause they believe they will get am- nays 25, as follows: As a result of the President’s am- nesty. They believed they will get a [Rollcall Vote No. 260 Leg.] nesty, we have seen the numbers go permiso, a slip of paper that lets them YEAS—73 from 6,000 kids 3 years ago to this year, stay once they get there. Ayotte Grassley Murray it is expected, when there will be 90,000 When I was in McAllen, I took the Baldwin Hagan Nelson unaccompanied children entering the time not just to meet with the chief Begich Heinrich Portman country illegally, and next year the but to meet with a number of Border Bennet Heitkamp Pryor Blumenthal Heller Reed Department of Homeland Security pre- Patrol agents who spend every day out Booker Hirono Reid dicts it will be 145,000. on the river, up in the air, on horse- Boxer Isakson Roberts I have traveled down to the border of back, working to secure the borders. I Brown Johanns Rockefeller Burr Johnson (SD) Texas many times. As recently as the asked the line agents the obvious ques- Sanders Cantwell Kaine last couple of months I have been down tion: Why are they coming? What has Schatz Cardin King Schumer to McAllen. I visited with the Border changed? What has caused this human- Carper Kirk Patrol chief in McAllen. I visited with itarian crisis? Every single Border Pa- Casey Klobuchar Scott Chambliss Landrieu Shaheen the Border Patrol agents and line trol agent gave me the exact same an- Cochran Leahy Stabenow agents down there. I have been to swer: They said they are coming be- Collins Levin Tester Lackland Air Force Base where there cause they believe they will get am- Coons Manchin Udall (CO) Corker Markey Udall (NM) are roughly 1200 children being housed. nesty. Cornyn McCain Walsh I am sorry to say that President In fact, they explained to me, they Donnelly McCaskill Warner Obama, when he visited Texas, had said: Right now the Border Patrol is Durbin McConnell Warren time to do neither. He had time to go not apprehending these kids. When Feinstein Menendez Whitehouse to Democratic Party fundraisers, to pal they cross the river, they often have Franken Merkley Wicker Gillibrand Mikulski Wyden around with the fat cats in the Demo- nothing, sometimes just rags on their Graham Murphy cratic Party and to raise money but no back after a long, arduous journey NAYS—25 time to travel to the border and see the where they have been subjected to hor- Alexander Cruz Johnson (WI) human suffering his failed immigration rible physical and sexual abuse, but the Barrasso Enzi Lee policies have produced. one thing they almost inevitably have Blunt Fischer Moran It is worth underscoring, these are is their documents. And these children Boozman Flake Paul little boys and little girls who are not immediately look for the first person Coats Hatch Risch Coburn Hoeven being brought into this country by in uniform they can find. The Border Crapo Inhofe well-meaning social workers with Patrol isn’t apprehending them; they

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.049 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5489 are looking for the Border Patrol, be- country to be able to stay here without dispensation. I understand my friend cause they come to the Border Patrol fear of deportation. That is what the from Illinois and other Members of the and hand them their documents be- Senator is asking for today. Democratic Party support that deci- cause they believe they will get am- Mr. CRUZ. I thank my friend from Il- sion. I believe—and I would allow him nesty; they will get a permiso; they linois, but I would note that the com- in his question to clarify that. If I will be allowed to stay. ments he made are not connected to mischaracterized it, I would welcome If we want to solve this crisis, if we the facts of the proposal. The proposal his clarification. But there certainly want to stop these children from com- is explicitly post-DACA. are some members of the Democratic ing and from being abused, the only Some 800,000 people have already re- Caucus who do support that. But the way to do so is to end the promise of ceived amnesty. Let’s be clear. The American people powerfully don’t, pro- amnesty. President had no legal authority to foundly don’t. They recognize it is in- Before the August recess, I intro- grant amnesty at the time. He did so consistent with the rule of law, is bad duced legislation in this body to do ex- unilaterally, contrary to the rule of policy, and is creating this crisis at the actly that. It was very simple legisla- law. border. tion. It was directed to the source of Now we are in a broader context I have to say the President’s decision the problem. It provided in black-and- where the President has quite publicly to delay the amnesty until right after white law that the President of the promised to grant amnesty—again uni- the election reflects a cynicism that United States prospectively has no au- laterally and illegally—to some 5 or 6 even in Washington, DC, is unusual. thority to grant amnesty to anyone. million people. Yet at the behest of our Because what it is saying is: I under- The legislation doesn’t address the friends on the Democratic side of the stand the policies that I, President 800,000 who were the subject of the 2012 aisle, he announced this weekend he is Obama, am trying to force that are order. It simply says going forward the delaying the decision until after the completely unpopular with the Amer- President cannot grant amnesty to election, because apparently Senate ican people, so I am going to jam them anyone else, and the reason for that is Democrats up for election have noticed through right after the election. Be- the cause of this crisis is these children their constituents don’t support the cause what it reflects is that President coming believing they will get am- President in illegally and unilaterally Obama and unfortunately many of the nesty. granting amnesty. Senate Democrats hold their constitu- The White House, in their talking I would suggest that Members of this ents in very low regard. It reflects the points, routinely said that children body cannot have it both ways. view that if we do this after the elec- coming today are not eligible for am- My friend from Illinois stated he tion, even if the people don’t like it, nesty. doesn’t think we should be granting they will forget about it in 2 years. I see my colleague from Illinois nod- amnesty to these children, and yet the If my friends in the Democratic ding in agreement with that state- legislation I introduced, the legislation Party believe the right policy solution ment. If that is the case, then my col- the House of Representatives passed, is amnesty for 5 or 6 million more peo- league from Illinois should join me in does not act retroactively, does not ad- ple and the President acting unilater- sponsoring this measure because the dress anyone who has fallen within the ally, then we have a very simple solu- legislation I have introduced would previous DACA. It simply says going tion. Let’s bring this up for a vote be- simply put into law what the White forward the President doesn’t have the fore the October recess. House talking point is, which is authority to grant amnesty. Instead it The House of Representatives took that—— is Congress that has the authority to the legislation I introduced in this Mr. DURBIN. Will the Senator yield pass or not pass immigration. body and they stayed over an extra for a question? Mr. DURBIN. Will the Senator yield day, they voted on it, and they stood Mr. CRUZ. I will be happy to yield to for a question? up and led, acting to solve the crisis at the Senator for a question. Mr. CRUZ. I will be happy to yield the border. And what happened in the Mr. DURBIN. Can the Senator tell for a question. Senate? The majority leader of the me what the cutoff date is for eligi- Mr. DURBIN. I wish to ask the Sen- Senate refused to allow a vote on the bility for DACA? ator this question: If amnesty means proposal and sent every Senator home Mr. CRUZ. I don’t have the precise the person has a right to citizenship or for August while having done nothing cutoff date in my mind, but the point legal status on a permanent basis, is to address this crisis. that is being raised is these children the Senator from Texas suggesting the don’t fall under the precise terms of deferral of deportation under DACA—is If my friend, the Senator from Illi- DACA, but they believe they will get that a kind of amnesty? nois, believes amnesty is the right pol- amnesty. Mr. CRUZ. The deferral of deporta- icy decision, then let’s have a debate, I would respond to my friend from Il- tion under DACA is a written deter- let’s bring it up for a vote, and let’s linois, does my friend from Illinois be- mination from the President that the have every Senator in this body go on lieve these children who are coming individuals who receive this, No. 1, will record. today should get amnesty, yes or no? be immune from the black-letter text Mr. DURBIN. Will the Senator yield Mr. DURBIN. No. I would say, if I of the immigration law that subjects for a question? might, through the Chair, it is not the them to removal; and No. 2, the admin- Most people believe amnesty means a argument that anyone is making that istration has created an authorization- free pass. Whatever you have done, you these children should receive amnesty. to-work document as a component of stay in the United States and you stay What we are saying is they should be DACA that has no basis or authority in in the United States and you become a treated humanely—— existing Federal law. citizen. Mr. CRUZ. Absolutely. Let us be clear. The President has Let me say to the Senator from Mr. DURBIN. And go through an or- been absolutely explicit. He intends to Texas that DACA is a temporary sus- derly process returning to their coun- expand that to another 5 or 6 million pension of deportation. It is temporary. tries. But what the Senator from Texas people who are here illegally. It has to be renewed. And in order to is asking us to do is to disqualify up to Mr. DURBIN. Will the Senator yield qualify for it, you must have been in 2 million young people who are here in for a question? the United States as of June 15, 2007. the United States and can qualify for Mr. CRUZ. I will yield for a question What we have now are 600,000—my DACA as DREAMers—people who were in a moment. number is 600, you say 800—600,000 who here long before these unaccompanied The President intends to expand this have come forward. They have paid the children showed up at the border. That to 5 or 6 million people who are here il- fee—a substantial fee—and they are al- was the proposal that came from the legally to give them presumably the lowed to stay here, without being sub- House which the Senator inspired them same authorization to work unilater- jected to deportation, on a temporary to vote for. They stood for a standing ally and with no authorization in law basis that needs to be renewed. There ovation because they denied an oppor- to transfer their status from being ille- are another 2 million who may be eligi- tunity to 2 million young people in this gally here to legally here on executive ble.

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.057 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5490 CONGRESSIONAL RECORD — SENATE September 10, 2014 What the Senator is doing is not ad- China, and India and take the legal cap to grant amnesty to people who are dressing the unaccompanied children from 675,000 and double it to 1.35 mil- here illegally. The Senate had a chance at the border. The Senator is saying to lion so we can have a legal system we to do the same. the remaining 2 million: You don’t can continue that welcomes legal im- President Obama has promised the have a chance. You have got to leave. migrants who come here to celebrate American people that right after the You are illegal. You are going to be de- the American dream. election he intends to unilaterally and ported. Again, I was sorry to see every single illegally grant amnesty to another 5 or This isn’t about amnesty. It is about Democrat on the Senate Judiciary 6 million people. Every Senate Demo- whether those who are qualified under Committee vote against increasing crat has an opportunity to make clear the DREAM Act, which incidentally legal immigration, streamlining it, where he or she stands. was endorsed by the House Republican making the system work better, and In a moment I am going to ask for Caucus when they put out their state- eliminating the discriminatory per- this body to take up the bill the House ment of principles—whether those country caps on nations such as Mex- has passed to make clear in law that under the DREAM Act are going to ico, India, and China. the President has no authority to grant have a chance to stay. I understand the Senator from Illi- amnesty prospectively. I understand And to think that the Senator’s col- nois just gave a passionate speech in my Democratic friends are going to ob- leagues in the House stood and ap- defense of granting amnesty to people ject to this. That should surprise no plauded themselves for denying 2 mil- who are here illegally. He is certainly one because my Democratic friends for lion young people a chance to stay in entitled to those views. We should in- the last 2 years have objected to con- the only country they have ever called deed have a full and robust debate, but sidering almost every major piece of home to me doesn’t speak well of that I will note that the Democratic Sen- legislation to address the challenges in caucus or their sensitivity to the re- ator from Arkansas, the Democratic this country. ality of their lives. Senator from Louisiana, the Demo- What this means is that the 55 Demo- These children who are brought here cratic Senator from North Carolina, crats in this body who are standing by their parents—some as infants— and the Democratic Senator from Alas- united in blocking this legislation that didn’t vote on it. They were brought ka are all busily telling their constitu- the House of Representatives has here. They have been raised in our ents they disagree with what my friend passed—all 55 Democrats bear responsi- schools. They have been taken care of from Illinois just said. They are at bility for President Obama’s amnesty, in our hospitals. They pledge alle- home telling their constituents: No, for the amnesty of 5 or 6 million peo- ple. giance to the flag, as Senator MENEN- no, no, no. We don’t want amnesty. No, I understand the President thinks it DEZ says, every day. They pledge alle- no, no, no. We don’t want the President is politically clever to delay the am- giance in the classroom to the only to unilaterally grant amnesty. nesty until after the election, but I country they have ever known. And If that is indeed their position, I wel- have real faith in the American people, you are glorying in the possibility that come them to come to the floor right that it is too clever by half, that all 55 you can deport these children. now. If that is indeed their position, Senate Democrats who are standing to- Is that what you consider to be—and there is an easy action. For centuries gether, standing united with President in your own background—I am a first- this body has been called the world’s Obama and saying we want the Presi- generation American. I believe you greatest deliberative body. Unfortu- dent to have the ability to illegally have similar claims to make. Do you nately, that label is no longer accu- grant amnesty, every Senate Democrat believe this is what this country is all rately applied because this body, sadly, in this body bears responsibility for about? under Majority Leader REID and the that choice. If they did not, any Senate Mr. CRUZ. I appreciate my friend Democratic majority, neither delib- Democrat is welcome to come to the from Illinois impugning the integrity erates nor votes on much of anything. floor. I will note that other than the of our friends in the House and also de- There are over 350 bills the House of Democratic Senator from New Jersey, scribing the plight of innocents. Representatives has passed to address who is the chairman of the Foreign Re- As you rightly noted, 67 years ago my the great challenges in this country— lations Committee—and I expect will father came here. He came from Cuba mostly with substantial bipartisan sup- object to my unanimous consent mo- and spoke no English. He had $100 sewn port—and over 350 pieces of legislation mentarily—there is not a single Demo- into his underwear. He came here le- are sitting on HARRY REID’s desk and crat in this Chamber speaking out on gally on a student visa to study. He fol- he will not allow a vote on them. eliminating the President’s authority lowed the rule of law. And I would When it comes to solving the crisis at to grant amnesty. note—my friend from Illinois knows the border, the only way to do so is to Clarity in elections, enabling the full well—there is no stronger advocate end the promise of amnesty. The 90,000 American people to hold all of us ac- of legal immigration in the Senate children who are coming believe when countable is a very good thing. One than I am. Indeed, on the Senate Judi- they get here they will get amnesty. body, the House of Representatives, is ciary Committee I introduced two The position, sadly, of President leading. The other body, the Senate, amendments, one for high-skilled Obama and the majority leader and the under Democratic control, refuses to workers, H–1B workers, to increase Senate Democrats is that they will do even allow a vote on solving the crisis that fivefold from 65,000 to 325,000 be- nothing—zero—to fix that problem. at the border or stopping the Presi- cause temporary, high-skilled workers Let me say it is not compassionate, dent’s illegal amnesty. are progrowth. Every one of those who it is not humane to continue a system UNANIMOUS CONSENT REQUEST—H.R. 5272 comes along produces 1.7 American where tens of thousands and hundreds Mr. President, I ask unanimous con- jobs. I am sorry to say my friend from of thousands of little boys and little sent that the Senate proceed to the im- Illinois and every Senate Democrat on girls are being victimized and as- mediate consideration of Calendar No. the Judiciary Committee voted against saulted physically and sexually by vio- 551, H.R. 5272. I further ask consent that proposal—voted against increas- lent coyotes. Under the Democratic that the bill be read a third time and ing legal immigration for temporary, plan that will continue. It will con- passed and that the motion to recon- high-skilled workers. tinue this year. It will continue next sider be considered made and laid upon My friend from Illinois is also year. In response, they do nothing— the table. aware—since we are both members of zero, nada—to fix the problem. That is The PRESIDING OFFICER. Is there the Senate Judiciary Committee—that a hard-hearted approach to this chal- objection? I introduced another amendment that lenge. The Senator from New Jersey. would take our current failed legal im- We have a demonstration, a study in Mr. MENENDEZ. Mr. President, re- migration system and dramatically contrast. Looking at a humanitarian serving the right to object, I will first simplify it by reducing the barriers and crisis, the House of Representatives respond to the unanimous consent re- costs and eliminate the per-country stood and voted on legislation to law- quest made by the Senator from Texas, caps which have the effect of discrimi- fully make it clear that the President the son of immigrants himself, to pro- nating against nations such as Mexico, of the United States has no authority hibit certain actions with respect to

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.059 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5491 deferred action for students in the At the end of the day, the Senator the Senate Democratic leadership un- United States whom we call DREAM- from Texas argues that this measure is derstands it would be a disservice to ers. For these young people, as Senator necessary to deal with the humani- our country, a disservice to hundreds DURBIN said, the only flag they have tarian crisis at the border. I will say of thousands of these young people who ever pledged allegiance to is that of the that has gone dramatically in a down- we have already invested in through United States. The only national an- ward slope. our public schools. Now is the time to them they have every sung is the He may argue that immigration pol- take advantage of their service, wheth- ‘‘Star-Spangled Banner.’’ icy is driving these children to make a er in the military of the United States They came to this country not be- dangerous and deadly journey. While I or whether through their intellect. cause they made a decision to do so but agree we need a long-term solution to Some of them are the valedictorians because their parents came here, just the humanitarian crisis on the south- and salutatorians of our schools and as Senator CRUZ’s parents came here. ern border, saying that this oppor- colleges and universities. It is an op- He now ultimately enjoys the benefit tunity for DREAMers to stay in the portunity to ensure they can be pro- of being an American, even though it United States is the cause is simply ductive members of our society, with was a different time and under a dif- not true. no guarantee—with no guarantee—as it ferent set of circumstances. Nonethe- DACA, which is the law we refer to relates to their ultimate status. less, he didn’t have a choice in that de- that the President did by administra- I hope the immigrant community in cision and neither did these children. tive order, was announced in June of this country—I hope the Hispanic com- We have learned and we have often 2012. The influx of unaccompanied mi- munity in this country, I hope the heard in this Chamber that you never nors was reported months before that Asian and Indian communities in this subscribe to the child whatever errors announcement. As a matter of fact, we country, I hope the Eastern European exist of the parent, but that is exactly can ask Senator CRUZ’s own Governor, community in this country, all who are what the Senator from Texas would do. Rick Perry, who sent a letter warning rightly concerned about comprehensive My friend from Texas is entitled to about the influx of children months be- immigration reform—are listening to his views and his opinions, but he is fore the President’s DACA announce- this debate, because as disappointed as not entitled to his own set of facts. The ment. some may be about the President say- reality is that he continuously refers The fact is that all of this talk about ing: Well, we cannot move forward at to the deferred action on deportation ending deferred action for children who this time until we get it right because for these young people as amnesty. have been here sometimes well over a of the politics that have been gen- Amnesty suggests that someone is for- decade or more ignores the elephant in erated by the undocumented children given for something they did wrong the room; that is, that DACA does not along the border—as disappointed as and they have a clear pathway to per- cover these children. It only covers some may be with the President—lis- manent residency and ultimately to children who were brought here before ten to what we will get if, in fact, this U.S. citizenship. That is not what the the announcement was made. Elimi- November there is a change of who ul- President did for these young people nating DACA, as the Senator from timately has the majority in this who know no other country than the Texas wishes to do, would not make Chamber. This is what we will get: We United States. Any action that would any of these children less likely to will get what we got in the House of be taken on these young people will be come here. These children are fleeing Representatives, which is over a year deferred until after Congress has acted extreme violence in Guatemala, El Sal- of not casting one vote for their own on the pressing question of immigra- vador, and Honduras, which have some vision of immigration reform. And tion reform. every vote they have cast has been The Senator from Texas suggested of the highest murder rates per capita in the world. anti-immigrant at the end of the day. that the Senate has failed in leader- For all of those reasons, I have to ob- ship. I wish to say to the Senator from If I saw my father killed and my sis- ter raped, it is likely I would think ject to the unanimous consent request. Texas that the Senate exerted leader- The PRESIDING OFFICER. Objec- about trying to flee that set of cir- ship over 1 year ago, when in broad bi- tion is heard. partisan votes—notwithstanding the cumstances regardless of what the Mr. CRUZ. Will the Senator yield? Senator from Texas—a group of eight promise might or might not be, and Mr. MENENDEZ. I would be happy to Senators, four Republicans and four that is in fact what drove this humani- yield. Democrats, joined together and got tarian crisis. Mr. CRUZ. The Senator from New two-thirds of the Senate to send com- We should solve the roots of the cri- Jersey talked about legislation that prehensive immigration reform to the sis and not try to create some connec- was debated and voted on a year ago— House of Representatives. We sent over tion to something that has absolutely legislation that I believe, if passed into commonsense immigration reform that nothing to do with it. law, would only make the problem was the toughest on border protection I know we are in the season in worse, would only increase illegal im- that has existed in the history of the which—even if 10 angels came swearing migration, would only exacerbate the country, that was in the national secu- from above that DACA is not the cause problem. rity interests of the United States, of the unaccompanied minor cir- I, as do most Americans, want to see that provided for the economic impera- cumstances or that it is not amnesty, commonsense immigration reform, but tive as described by the Congressional there will be those who will say, no, not reform that fails to secure the bor- Budget Office of the opportunities that those angels are wrong. The reality is der, that grants a pathway to citizen- immigration reform would provide for that one is entitled to their own views ship for those here illegally, and that the country by raising the gross do- but not their facts. incentivizes further and further illegal mestic product of the United States, Finally, the undeniable consequence immigration. raising the wages of all Americans, and of the Senator’s attempt to dismantle But that legislation was a year ago. reducing the national debt, all by vir- these deferred actions for DREAMers The President of the United States tue of immigration reform. would serve only to further separate tells us we have a humanitarian crisis Two-thirds of the Senate voted on families. I have listened time and time on the border today—right now, not a that at a time when it was rare to see again to my Republican colleagues say year ago, today—with little boys and two-thirds of the Senate come together they are the heart of family values. little girls being subjected to physical on controversial or significant issues of Well, tearing apart families is not my and sexual violence and being victim- the day. It was sent to the House of sense of a family value. Tearing chil- ized. Representatives over 1 year ago, and dren away from their mothers and fa- The question I would ask my friend they did not once cast a vote on that thers is not my sense of family values. from New Jersey is: Why is it that nei- legislation or their own vision of what Destroying any hope of a better life ther President Obama nor the Senate immigration reform should be. and a chance at success is not the doc- Democrats have introduced any legisla- Mr. CRUZ. Will the Senator yield? trine of family values. tion or allowed a vote on any legisla- Mr. MENENDEZ. I will be happy to There is a reason the Senate hasn’t tion whatsoever that would actually do so a little later. voted on this bill—and it won’t. I think solve the problems?

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.052 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5492 CONGRESSIONAL RECORD — SENATE September 10, 2014 Now, the President did introduce a send them to the border and deal with us, and they don’t tell us the truth. $3.7 billion social services spending the challenge. All of that, among other They are lying to us. We hear this from bill, less than 5 percent of which went efforts, ultimately has found us with a Republicans, from Democrats, Inde- to securing the border and none of dramatic reduction. pendents, Libertarians, all across this which went to the underlying amnesty So I understand the politics of this. I country. There is a reason why the pop- that is causing this crisis. That was a appreciate everybody in this Chamber ularity of Congress rivals that of bill designed to deal with the symp- has the right to pursue that. But the Ebola, because the American people toms to care for the kids once they bottom line is the President acted and recognize the people in this body aren’t come, but that bill assumed that tens the reality is we have dramatically re- telling them the truth. There is one of thousands and hundreds of thou- duced it, and the core challenge here is reason and one reason only that Major- sands of kids would continue to come, to have comprehensive immigration re- ity Leader REID does not want to vote continue to be victimized. form. on this legislation: because he wants to So the question I ask of my friend Mr. President, I yield the floor. allow Senators in red States—the Sen- from New Jersey is: Why have the The PRESIDING OFFICER. The Sen- ator from Arkansas, the Senator from Democrats not allowed a vote on any- ator from Texas. Louisiana, the Senator from North thing to solve the problem and prevent Mr. CRUZ. Mr. President, I wish to Carolina, the Senator from Alaska, these little boys and little girls from make two final comments to conclude even the Senator from Colorado, even being victimized this year and next this exchange. My friend from New Jer- the Senator from New Mexico—he year and the year after that? sey admitted that Senate Democrats wants to allow them to tell their con- Mr. MENENDEZ. Mr. President, first introduced nothing—zero, nada—to do stituents, No, I don’t support amnesty. of all, I would say to my friend from anything to fix this humanitarian cri- And the reality is, of the 55 Members of Texas that he totally mischaracterizes sis. Indeed, the majority leader dis- this Senate who are Democrats, who the comprehensive, bipartisan immi- missed the Senate and sent the Sen- caucus with the Democratic Party, gration reform that was passed in the ators home for the month of August, today it has been conclusively dem- Senate. Do we know who voted for perfectly content to let the crisis con- onstrated that all 55 support President that? A whole host of Senators on the tinue, to let tens of thousands and hun- Obama’s illegal amnesty and are re- Republican side of the aisle who rep- dreds of thousands of children be vic- sponsible for his promised amnesty of 5 resent border States and who said: This timized. He suggested instead the solu- million to 6 million more people right is the most significant border protec- tion was Presidential action, unilateral after the election. If that were not the tion and security effort we have had in action. case, we would have seen one Democrat a long time. They believed the national There was a time when the Senate show up and speak out to the contrary. security of the United States was bet- believed we had a responsibility to leg- Not a single Democrat showed up. ter preserved by virtue of that legisla- islate, to actually pass laws to address There is a reason we don’t have a tion. Our colleague JOHN MCCAIN challenges. Yet under the Senate vote, because if we had a vote, it would worked assiduously on that question, Democrats, we have a do-nothing Sen- force Members of this body to be on as well as others. ate. That is why over 350 bills passed record. So the bottom line is, that reform by the House of Representatives are The Senator from New Jersey is enti- was going to end the process of those sitting on HARRY REID’s desk, because tled to make the case on the merits coming in an undocumented fashion; it this body no longer votes on meaning- why he thinks amnesty for 5 million or controlled the border, moved the econ- ful legislation to address the chal- 6 million or 12 million is a good idea. omy, and would bring out of the dark- lenges facing this country. He is entitled to make that case, and if ness those who are here to pursue the My friend from New Jersey suggested his constituents agree with him, he American dream, which is the only way that the reason the legislation the will keep getting reelected. But far too we can secure America, to differentiate House of Representatives passed pro- many Senate Democrats want to pre- from those who might be here to do hibiting the President from illegally tend they disagree, and a vote makes harm to the United States. I can’t granting amnesty—the reason it is not that impossible because if we had a know that if people who are in the dark going to come up for a vote is because vote, we would see all 55 Senate demo- don’t come and register with the gov- he said it is a bad idea. Well, I recog- crats vote in favor of amnesty. They ernment, pay their taxes, go for a nize the Senator from New Jersey may are right now hiding behind their lead- criminal background check, and earn well think that. Indeed, the Senator ership because they don’t want that their way over the course of a decade from Illinois may well think that. But vote. They don’t want their constitu- to the possibility of becoming a perma- no one who is paying attention to the ents to understand they support am- nent resident. That is what the Senate Senate thinks that is the reason it is nesty. So, instead, they shut this body did. not coming up for a vote. down. So failure in this regard rests in the If it were objectively a bad idea—if it The American people are frustrated. House of Representatives—failure on were a bad idea and the Democrats They are disgusted with the Senate the border, failure on national secu- agreed on that, bringing it up for a that won’t do its job, that won’t allow rity, failure on the economy, and fail- vote would be very simple. We would votes, that won’t consider legislation ure to reunite millions of people with bring it up for a vote. The Democrats to address the problems in this coun- their families. have 55 Democrats in this body. They try, and that consistently lies to the Now, with reference to the second could all vote it down and it would be voters. part of the question, the President defeated. If the point were on the mer- I will tell my colleagues on my side acted. It is the President who brought its it is a bad idea, bringing it up for a of the aisle, I am happy to have as the Central American presidents here vote would be very straightforward. many votes as we like. It is inter- and said: You have to work with us to The reason the majority leader is esting. The Senate majority leader stop your young children from coming fighting so hard to prevent a vote is today seems to view as his principal to our country and you have to create that a great many of the Members in obligation protecting his Members better conditions in your country, and his caucus are doing everything in from hard votes. I wish to point out the we want to work with you to do that. their power to convince their constitu- concept of a hard vote only makes We want to work with Mexico to en- ents back home they don’t support am- sense if there is a disconnect between sure that what they call the Beast—the nesty. what a Senator says at home and what train of death—ultimately Mexican au- As we travel the country, the most he or she does in Washington. Votes thorities interceded to stop immi- frequent thing we hear all throughout are hard if we have Democratic Sen- grants from getting on that train to the country is that the men and women ators who go home to their States and the United States. It is the President in Washington aren’t listening to us. tell their constituents: I am really con- who ultimately took the resources that Something happens. I don’t know if it servative and I don’t agree with that existed in the Department of Homeland is the water or what it is, but they get crazy stuff President Obama is doing. Security and reauthorized them to to Washington, they stop listening to Then they come here and vote lockstep

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.062 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5493 with the majority leader and the Presi- Just a few months ago five men on health care services for employees and dent. Then votes are hard. the Supreme Court decided that there their covered dependents. I think what I will tell my colleagues from my should be a group of woman across men across America understand is that perspective, I don’t consider votes America who are required to ask their it is not just the female employees at hard. In 2 years, what I have tried to do bosses for permission to access basic businesses who are affected, it is their in the Senate is very simple—2 things: health care and that a corporation wives and their daughters as well who Do what I said I would do, and tell the should have more rights then the share that health care plan. truth. The 26 million Texans I rep- women it employs. Just a few months The data is clear. Ensuring access to resent, I believe, understood the prin- ago those five men rolled back the contraception coverage is not just the ciples I am defending when they elect- clock on millions of women across right thing to do, it is also a critical ed me. And whether we have 1 vote or America. part of making sure women and their 10 or 100 or 1,000, it doesn’t surprise the As the ink was still drying on Justice families have a fair shot in the 21st men and women back home, because Alito’s misguided opinion in the Hobby century. Women and their family mem- what I say in Texas is exactly the same Lobby case, I made an unwavering bers should not be held back by out- as what I say on the floor of the Sen- commitment to do everything I could dated policies and unfair practices. As ate, and it is the way I have tried to to protect women’s access to health I said yesterday on the Senate floor, it vote since I arrived here. The reason care since the five male Justices on the is not just about access to contracep- the majority leader has 350-plus bills Supreme Court decided they would not. tion, it includes pay equity, access to sitting on his desk is because a sub- That is why I worked with my partner, childcare, a higher minimum wage, and stantial number of Senate Democrats the senior Senator from Colorado, to it absolutely includes the right to tell their constituents one thing and introduce the Not My Boss’s Business make their own medical and religious vote a different way. This is all predi- Act to restore those lost benefits and decisions without being dictated or cated on deception. protect women’s health care. I am limited by their employer. So I am glad for this exchange be- proud that in the months since we have The bottom line is this: Women use cause this exchange has shined light received strong support from men and birth control for a host of reasons, and made clear to the voters that, No. women across the country. none of which should require a permis- 1, amnesty is coming and President Our straightforward and simple legis- sion slip from their boss. Obama intends to grant amnesty to 5 lation would ensure that no CEO or Unfortunately, Americans are most million to 6 million people right after corporation can come between you and likely not surprised at what they are the election; and No. 2, all 55 Senate your guaranteed access to health care, seeing. This obstruction is coming Democrats bear direct responsibility period. This should not be a controver- from Members of the same party that for President Obama’s illegal amnesty sial issue. In fact, nearly 7 in 10 people has been threatening to subject women because all 55 Senate Democrats are say health plans should cover birth to invasive and degrading ultrasounds; standing in lockstep, preventing legis- control. The only controversy about the same party that had candidates lation that would stop that amnesty. birth control today is the fact that it is making outrageous statements, as we That clarity is good. It allows account- 2014 and we are still fighting for this all remember, about legitimate rape ability. It allows decisionmaking to be basic health care that is used by 99 per- and then defending those comments made by we the people. son of sexually active women in this during their disastrous book tour; the The one thing I would encourage of country. exact same party that on Capitol Hill, my Democratic friends is, given that Despite the resounding outrage we in State houses across America, and in reality, go home and be honest with have heard from women and men courtrooms at all levels is actively at- your constituents. All 55 of you go across America, Senate Republicans tempting to block women’s ability to home and say: Yes, I stand with Presi- stood with this misguided Supreme make their own decisions about their dent Obama. I stand with majority Court decision and blocked our efforts own health. They have shown they will leader HARRY REID in support of am- to right this wrong. If our colleagues go to just about any length to limit ac- nesty. Those are not the views of the Amer- on the other side of the aisle thought cess to care. Just in the past few weeks we have ican people, but they are the views of their obstruction of the Not My Boss’s seen last-ditch efforts from Repub- every Democratic Senator in this body. Business Act in July would end this licans to distract from their embar- We have a natural check when elected conversation, they were dead wrong. officials ignore the views and values of Since then, millions of Americans have rassing record on women’s health by the people for whom we work in the taken action. They have voiced their claiming to support ‘‘cheaper and easi- place where sovereignty resides in our outrage on social media. They have or- er access to contraception’’ by simply system: We the people. ganized action in their communities. making it over the counter. Well, the I yield the floor, and I would suggest They will continue to speak out until reality is that these proposals would the absence of a quorum. our Congress in turn takes action. actually cost women more by forcing The PRESIDING OFFICER (Mr. Unfortunately, it appears this mes- them to pay out of pocket for the birth WALSH). The clerk will call the roll. sage has fallen on deaf ears among control they are getting now at no cost The assistant legislative clerk pro- some Senate Republicans. It has be- thanks to the Affordable Care Act. ceeded to call the roll. come increasingly clear on that side This is a basic piece of women’s health Mrs. MURRAY. Mr. President, I ask that some of the Members have decided care. It should not be available only to unanimous consent that the order for to put the tea party ahead of women those who can afford it. the quorum call be rescinded. and have no intention of even allowing The American people are not fooled. The PRESIDING OFFICER. Without a debate on the Not My Boss’s Business In fact, just yesterday PolitiFact rated objection, it is so ordered. Act in the near future. I am extremely one Republican birth control claim as Mrs. MURRAY. Mr. President, I ask disappointed by that. I would have ‘‘Mostly False’’ given that it was unanimous consent to speak as in hoped our colleagues on the other side ‘‘lacking in concrete detail.’’ morning business for 10 minutes. of the aisle would have maybe—just Time and again Republican leader- The PRESIDING OFFICER. Without maybe—spent a little time at home in ship has put politics between women objection, it is so ordered. August listening to women in their and their health care. Now, with their WOMEN’S HEALTH CARE States. If they had, they would have continued obstruction, they have put Mrs. MURRAY. Mr. President, I have heard the women across America ask- employers between women and their come to the floor today to talk about ing Congress to fix this horrible deci- access to free or low-cost basic health an important piece of the Democrats’ sion that resulted from Hobby Lobby. care under the Affordable Care Act. ‘‘fair shot’’ agenda: ensuring that By the way, it is not just women who They have shown us they are not fo- women across America have access to want Congress to act. People across the cused on what is best for women; they the basic and often lifesaving health country understand that if bosses can are focused on political calculations, care benefits guaranteed under the Af- deny birth control, they can deny vac- appeasing the far right, and their con- fordable Care Act. cines or HIV treatments or other basic tinued efforts to do whatever it takes

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.064 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5494 CONGRESSIONAL RECORD — SENATE September 10, 2014 to pitch their extreme agenda even to undertake the activities in Desert What we also know is this is some- when it burdens working women and Storm, felt as though he had the au- thing that is affecting directly today their families. thority to move ahead with those ac- not only Iraq but Syria. There is really Despite this disappointing turn of tivities. Yet they realized within the no border there. It is porous. events, I stand here today to say the administration that the best thing We actually know the ISIS head- deck is stacked against them because they could do was to get the American quarters are in Syria. So this is an op- millions of women who benefit from people behind what they were doing, eration that can in no way be confined this basic and often lifesaving health and the best way to do that was to seek just to Iraq. We have to deal with this care will not be silenced. They are still an authorization from Congress, to in Syria. watching. have that debate, to have Members of The President hopefully tonight— I yield the floor. the Senate be able to ask questions while laying out what our national in- The PRESIDING OFFICER. The Sen- about how this operation was going to terest is, while laying out what his ator from Tennessee. take place, to get people comfortable general strategy is, while laying out Mr. CORKER. Mr. President, how with what the objectives were going to what his objective is—certainly will much time am I allocated? be, and to finally win over the Senate. talk about the fact that we have to The PRESIDING OFFICER. The Sen- As a matter of fact, as I understand it, deal with this in Syria. ator has up to 1 hour postcloture. Sam Nunn, the chairman of the Armed I will say to the Presiding Officer of Mr. CORKER. Well I assure you that Services Committee at the time, was the Senate that it seems to me, even if will not be the case. I will speak for opposed to this effort. Yet, with Bush the President feels that he has the au- possibly 10 minutes. 41 coming up with his Cabinet members thority to do this with his own con- The PRESIDING OFFICER. The Sen- to talk to Members of Congress, they stitutional powers under article 2— ator is recognized. were able to pass it over the objection even if he feels that—it is totally pre- ISIS of the chairman of the Armed Services posterous that he would not seek our Mr. CORKER. Mr. President, tonight Committee. But what that meant was authorization to take on a different enemy. Certainly, to take this into an- the President is going to address an there had to be interaction, there had other country that we have not been issue on which I know almost every to be questions and answers, and there involved with in this way in the past— American has been focused; that is, the had to be a feeling by Members of this Syria—to take on operations in that rise of ISIS in Iraq and Syria and the body that what was getting ready to country with a different enemy and not beginning of that in many other places happen was something that was going come to Congress, to not seek the ap- around the world. This is obviously a to make a difference. So they came and proval of the people whom the people of big speech. It is one that I know all of did that. They were successful, and the this country have elected to weigh in us will be paying attention to and operation itself was successful. on these matters to me, again, is tre- watching. President Bush 43 did the same. In mendously lacking in judgment. I am hopeful that what the President 2001, after what happened with the One of the benefits of the President will do tonight is, first of all, explain Twin Towers and other activities coming to seek our approval is that he to the American people from his per- around 9/11, the country was outraged. has stated over the weekend that he spective what our national interest is He actually sent forth his own AUFM, believes this could take 3 years. Let me in ISIS. I think that should be very the Authorization for Use of Military say this one more time. This is a con- easy to do. I also hope that what he Force. Action was taken. It was 60 flict that he believes could take 3 years will do is lay out a general strategy. words, it was broad, but action was in duration and take us into another Obviously, in a speech such as this you taken. The same thing occurred in 2002, country where we are now not involved never want to give every detail of what which led us to what happened in Iraq. in this matter anyway. He is talking it is you want to do, but I hope he lays So President Bush 43 did those same about not coming to us. out the objectives he wishes to accom- things even though he felt as if he him- Again, bad things happen in conflict. plish as he talks to the Nation and self had the authority to take on those Our Presiding Officer has a distin- really the world about how he plans to activities without Congress approving guished career in serving our country— deal with ISIS. them. But they felt it was much better and I honor that—a distinguished pub- So I wanted to say at the onset that for the American people to see what lic service in the military, and he I look forward to listening. I hope this was going to happen and for Congress knows that things don’t always go the is a speech that is meaty. I hope it is a to be fully informed, to understand way we intend. speech that speaks to the essence of what the objectives were, and then to For the President to undertake some- why we as a nation need to deal with have Congress authorize it. thing of 3 years in duration—by his the threat ISIS poses not only in the This President, President Obama, own words, in another country and an Middle East but, over time, in the came before us last year—almost 1 year enemy that is one of the most well- West, with us being the greatest sym- ago exactly—and asked for an author- funded terrorist operations that we bol. ization on Syria. have dealt with, knowing that he has I know there have been many con- I find it truly preposterous and to pull together a coalition of people versations with the administration hugely lacking in judgment that this with very different interests but with about ISIS. I know that obviously their President is discussing—and hopefully like interests relative to this particu- concern about ISIS has risen over time. he will change his mind in the next few larly detestable group of folks—to Again, I look forward to very clearly days—undertaking activities in Iraq. think that this President would under- listening to the speech. Remember, the President declared that take that without Congress being be- Most of us here in the Senate, if we in 2011 the war in Iraq was over, that hind him and having 535 Monday morn- were in the White House, might choose we had won, that it was a stable coun- ing quarterbacks because there was to guard the authorities we have. Many try. Yet this new enemy—I do not want never any buy-in by Congress to me is Presidents have said—most Presidents to get into the past too much, but be- foolish. have said they themselves have the au- cause of policies of this administration But because of what happened 1 year thority to conduct operations of this in both Iraq and Syria, things have ago where our allies in the region who nature. While that is debatable, that is changed. So now we have a new were going to help us deal with Assad not a topic I wish to debate. I know the enemy—ISIS—that has arisen. They were waiting by the telephone to re- President has said he has the ability to are incredibly well funded, well spond because they, with us, were go about these actions, to take these equipped, well energized, and savvy to going to conduct activities against actions without any additional author- social media. Assad about 1 year ago today—they ity from Congress. What they have said We have seen the detestable things watched on CNN as the President had is they plan to not come to Congress. I that this group is doing to people of all changed his mind without even noti- think that is absolutely preposterous. kinds of ethnic persuasions in Iraq. We fying them, without notifying their If you think back in history, back in understand the threat this is to Iraq leaders or their armed services—there 1991 President Bush 41, in getting ready and to the Middle East. is a credibility issue.

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.067 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5495 The President has talked about Are you kidding me—the most sig- class and working families of this building a coalition, and he says that nificant decision that is made; that is, country. there are 12 countries that are already sending men and women in harm’s There was a piece the other day in interested. way—because it is 2 months before an the Washington Post talking about I would say to him that coming to election. If there are people in this how the Koch brothers alone—just one Congress would show that there is du- body who don’t want to be put to the family—has already in this election rability, that he has sought our sup- task by the President of asking for an cycle put 44,000 ads on television and port, that he has answered our ques- amount, whether it is 2 hours, 2 days, 2 radio, and we have 2 months left before tions, that his Cabinet members have weeks, 2 months or 2 years before an this election. laid out their plan, both in public and election. Someone shouldn’t serve in Does anybody believe that is what in private—talking about details that the Senate if they don’t want to take democracy is about? have no business in the public sphere— up these issues and deal with them. In this country today we are suf- and that he has the buy-in of the Con- I hope the President will change his fering a major economic crisis. What gress. mind. I hope the President will come to that crisis is about is the disappear- I would say to the other members of the Senate and seek our input and say ance of the middle class, the fact that the coalition, the people in the region that he wants an authorization and since 1999 the typical middle-class fam- who question our durability, question, send us that authorization. ily has seen its income go down by candidly—I hate to say it—his credi- That is what he did with Syria. Let’s more than $5,000 after adjusting for in- bility. They would say that after he look at it. Let’s deal with his Cabinet flation. The crisis is that all over had done this that they believe this Members, both in public and private. America, working people are not work- Nation is unified in dealing with this Let’s deal with him. Let us see his ing 40 hours a week, they are working issue. commitment. Let’s understand the coa- 50, 60 hours a week. They are not work- I just want to say again I hope the lition that is being put forth and let’s ing at one job—they are working at President is good tonight. I hope he de- deal with this in the manner that peo- two jobs, they are working at three livers to the American people why this ple in the Senate should deal with it, jobs, trying to cobble together an in- is in our national interest. I hope he but it should come only after the Presi- come and maybe some health care to lays out a strategy that makes sense. I dent seeks that authorization. That is take care of their family. The crisis in America today is that hope he deals with the objectives that an important thing for him to do. I unemployment is not the official rate he wants to come forth with. hope he will do it tomorrow after giv- of 6.1 percent, it is the real rate of 12 Importantly, to me, I understand ing his speech. percent if we include those people who how we are going to deal with the I stand by ready to work with him in have given up looking for work and are ground in Iraq. I understand we have that regard, and I close with those working part-time. comments. an Iraqi military—as weak as they The crisis is that youth unemploy- are—that we can build off of. I under- I yield the floor. The PRESIDING OFFICER (Mr. ment today is 20 percent; African- stand that we have the Peshmerga—the American youth unemployment is 35 BROWN). The Senator from Vermont. Kurds—who we can build off of in sup- percent. The American people are call- CONSTITUTIONAL AMENDMENT port. ing out. They are saying to the Con- What I don’t understand in Syria, es- Mr. SANDERS. Mr. President, later gress: Why doesn’t Congress create the pecially since year after year we have this week, one of the most important millions of jobs our people need. Why done nothing to support the moderate Senate votes in the modern history of don’t you rebuild our crumbling infra- opposition like we have said we would this country will take place, and that structure. Why don’t you transform do—or very little—let me not say noth- vote will be about whether the Senate our energy system so we can address ing, but really very little. Since we begins the process to move forward on the crisis of climate change and move have nothing of substance on the a constitutional amendment which away from fossil fuel to energy effi- ground in Syria, how are we going to overturns the disastrous 5-to-4 Su- ciency, wind, solar, geothermal, bio- deal with that? preme Court decision on Citizens mass, and create huge numbers of jobs. Our Presiding Officer knows more United. Why don’t you rebuild our crumbling about military officers than I do by far. What the Citizens United Supreme bridges, roads, water systems, and But how do we deal with a country Court decision was about 4 years ago is wastewater plants. Why don’t you raise with nothing on the ground. I want him to say to the billionaires in this coun- the minimum wage to a living wage. to explain that. But I think all of us try, to say to the largest corporations That is what people tell me in would like to understand that. in this country: OK, you already own Vermont and that is what people are But, again, I think if he were to come much of the economy of the United saying all over this country. to the Senate to seek our support States of America, but now by a 5-to-4 People ask that today, despite the overtly and to explain to the Presiding Supreme Court decision we are going modest gains of the Affordable Care Officer, myself, and many others in to allow the billionaires and the large Act, how does it happen that the this body how he has a strategy that corporations of this country to own the United States is the only major coun- could be effective, I believe that he U.S. Government because they will try on Earth that doesn’t guarantee would receive overwhelming support, now be allowed to spend unlimited health care to all people as a right? and I believe he would have the dura- sums of money on political campaigns. We have 40 million people uninsured, bility necessary to deal with an enemy Poll after poll tells us that whether even more paying large copayments of this sort. you are a progressive, as I am, a mod- and premiums. I do hope, again, the President is on erate, or a conservative, all over this Why don’t we join the rest of the target tonight. I hope the President country people are profoundly dis- world and guarantee health care to all will seek our authorization for the use gusted by the ability of big money to of our people? of military force—now. buy elections. What democracy means, The answer is very simple. The an- I hear people say: Well, gosh, CORKER, what people fought and died for is the swer is that Members elected to the it is right before an election. right of you, her, and him to have one House and the Senate increasingly are So our President is going to talk to vote. dependent upon big money campaign the Nation about what we are going to What democracy is not about is al- contributions in order to win their be doing with this enemy in Iraq, in lowing the Koch brothers—a family seats. That is not what democracy is Syria—candidly—and in other places. worth $80 billion, the second wealthiest about; that is what oligarchy is about. Because there is an election coming up, family in this country—to spend hun- Oligarchy is when you have a nation maybe he is not going to—I don’t know dreds and hundreds of millions of dol- owned and controlled by a handful of that this is his reason, but I know lars to elect candidates whose job it is wealthy families. That is where we are there are a lot of people in Congress to make the wealthiest people in this moving today. who say they don’t want to deal with it country even wealthier while they con- On issue after issue, the American before the election. tinue to attack the needs of the middle people are very clear about where they

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.077 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5496 CONGRESSIONAL RECORD — SENATE September 10, 2014 want to be going. On this issue of Citi- agenda here in the House and among cratic foundation of this country or do zens United, the American people are many of my Republican colleagues that we move toward an oligarchic form of very clear that we need real campaign says: What we need to do is give huge society controlled by a handful of bil- finance reform to prevent billionaires tax breaks to the wealthiest people and lionaire families? That is the issue. from buying elections. That is what the largest corporations. Is that what That is what this debate is all about, the American people want. That is the American people want? Overwhelm- and that is what this vote in a few days what they say in poll after poll. Yet it ingly, they do not want that. will be about. I hope very much the remains to be seen whether, in a few You have an agenda among many American people will demand that days when we vote on this issue, we who say: We have to cut Social Secu- every Member of this Senate vote for will get one Republican vote. And I can rity, Medicare, and Medicaid. Is that this piece of legislation which begins understand that because the Repub- what the American people want? No, the process of overturning this disas- licans today are the beneficiaries in a they do not. trous Citizens United Supreme Court very big-time way of all of this billion- There is an agenda among some Re- decision. aire money. publicans that says: Not only should I yield the floor. A couple months ago a constituent of we not raise the minimum wage, we I suggest the absence of a quorum. mine in Vermont made a very inter- should do away with the concept of the The PRESIDING OFFICER. The esting suggestion. He said: Bernie, do minimum wage so that in high-unem- clerk will call the roll. you ever see these guys in NASCAR, ployment areas people could work for The assistant bill clerk proceeded to the racing car drivers, and they wear $4 or $5 an hour. Is that what the call the roll. their jackets, and their jackets have American people want? Quite the con- Mr. BROWN. Mr. President, I ask all of the sponsors on them? They are trary. They want to raise the minimum unanimous consent that the order for sponsored by Goodyear Tire Company, wage to at least $10.10 an hour. the quorum call be rescinded. and they are sponsored by this oil com- So you have an amazing dynamic The PRESIDING OFFICER (Mr. pany, and they are sponsored by this right now in American society. On the SANDERS). Without objection, it is so brake company. Maybe we should have one hand in the real world outside of ordered. the Members of the U.S. Senate wear the beltway, ordinary people are hurt- Mr. BROWN. Mr. President, I would jackets which tell us who is sponsoring ing. They are struggling. They are wor- like to follow up on the Presiding Offi- them. So somebody can come forward ried about their kids. They are worried cer’s comments a moment ago about in their nice blue blazer and say: Hey, about their grandchildren. They are the crux of this issue—why this big I am owned and sponsored by the Koch worried about their parents. They want money in campaigns is so bad for our brothers. Somebody else can come for- the U.S. Government to do something country. ward and say: No, I am not owned by to create jobs, to raise the minimum The public does not really care who the Koch brothers, I am owned by the wage, to change our disastrous trade has an advantage, who has a disadvan- oil industry or I am owned by Big En- policies. They want us to do something tage. They do not really care if a Re- ergy or I am owned by Wall Street. It to make college affordable, to lower in- publican wins or a Democrat wins. would be very instructive, when you terest rates on student debt. They want They care about what we do here and see people get up and vote, about why us to create jobs by rebuilding the in- how we can help people’s lives. they do not want to raise the minimum frastructure. They want everybody in The Presiding Officer talked about wage, to find out they are controlled this country to have health care as a the minimum wage. In my first year in by significant contributions coming right. They want us to address the cri- the Senate, 2007—my first speech on from large corporations. sis of global warming. But we do not do the Senate floor, four or five desks over I think it would be very interesting that. Why not? Because increasingly from here, was about the minimum to see Members of the Congress wear the Congress is not responsive to the wage. It passed the Senate with a bi- those types of coats. needs of ordinary Americans. They are partisan vote. It was signed by a Re- The men and women of our country responsive to the big-money campaign publican President, increasing the min- know there is something profoundly contributors, and that has everything imum wage. That was then. Today we wrong when 95 percent of all new in- to do with this constitutional amend- cannot even get a minimum wage out come generated in this country goes to ment beginning the process to overturn of the Senate because of a Republican the top 1 percent. They know there is Citizens United. filibuster. something profoundly wrong when one So of all of the issues out there— The minimum wage is worth one- out of four profitable corporations pays whether you are concerned about edu- third less in real dollars, in purchasing nothing in Federal taxes in any given cation, health care, the environment, power, than it was in 1968. The submin- year. Yet the reason we are unable to the economy—the most important imum wage—the tipped wage—has been come up with real tax reform—so we issue underlying all of those issues is stuck at $2.13 an hour for 20 years. Peo- can find the money to help our kids go the need to end this disastrous Su- ple who push wheelchairs at airports, to college, so we can deal with the fact preme Court decision which allows bil- valets, and waiters in downtown diners that we have the highest rate of child- lionaires to buy elections. That is not can make as little as $2 or $3 an hour, hood poverty in the industrialized what people fought and died for in the and they hope to get up to $7 or $8 or world—has everything to do with large name of democracy. That is called oli- $9 on tips. corporations not paying their fair garchy. Abraham Lincoln talked about If it were not for the political pres- share, and that has everything to do a government of the people, by the peo- sure, the money that just rolls across with the types of campaign contribu- ple, and for the people, not a govern- the political landscape, that washes tions these institutions make. ment of the billionaires, by the billion- across the candidates for the Senate, There was a poll that came out just aires, and for the billionaires, and that the candidates for the House, we could the other day. They asked the Amer- is where we are today. pass the minimum wage. But Members ican people: Should we cut Social Secu- I hope the American people are of the Senate, when they think about rity? Do you know what the American watching. The media has not paid, for voting on this, they think about the people say, whether they are progres- interesting reasons, a lot of attention big money that might come in against sives, moderates, or conservatives? to this issue, but there is no domestic them if they vote for the minimum They say: You have to be nuts. We issue that I can think of more impor- wage. can’t make it on Social Security bene- tant for the future of this country. I am convinced that if we could pass fits today, and you want to cut Social Do we elect Members of Congress who this constitutional amendment, we Security? You want to cut Medicare? are beholden to the constituents back could begin to address the issues of But that is exactly what the Business home, to the middle class, to working Wall Street and oil companies and Big Roundtable from corporate America families, or do we elect Members of Tobacco buying elections, spending not wants us to do. Congress who are beholden to cor- millions, not even tens of millions, but So we are living in two separate porate America and the billionaire hundreds of millions of dollars. We worlds. On the one hand you have an class? Do we fight to sustain the demo- could pass the minimum wage. We

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.079 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5497 could pass a real jobs bill. We could re- other speech content, however, would portant public subjects—hence, weak- form Wall Street. We could pass con- be restricted. Some of that speech by ening our democracy. sumer protection bills. We could invest corporations and other entities could Justice Holmes quickly came to real- in education and community colleges be prohibited entirely, and those who ize the errors of his ways. In subse- and federally qualified health centers engage in such speech could be crimi- quent Supreme Court decisions, he and and veterans’ benefits the way we nally prosecuted. Justice Brandeis dissented when the should. That is why this constitutional The Supreme Court has allowed con- majority applied the clear and present amendment is so important on cam- tent-based restrictions on speech in danger test that the fire-in-the-theater paign spending. That is why it matters. only a very few cases, such as obscen- analogy supported. They voted to pro- I suggest the absence of a quorum. ity, defamation, child pornography, tect peaceable free speech. They under- The PRESIDING OFFICER. The and threats. stood that in a free country, the way to clerk will call the roll. The proposed constitutional amend- address controversial speech was The assistant bill clerk proceeded to ment would restrict the most impor- through speech by others with different call the roll. tant speech the First Amendment pro- views—not by shutting up people with Mr. GRASSLEY. Mr. President, I ask tects—and that happens to be core po- the threat of jail. unanimous consent that the order for litical speech. It would treat that It took a long 50 years for the Court the quorum call be rescinded. speech as if it were like child pornog- to adopt the protections for free speech The PRESIDING OFFICER (Mr. raphy. that Justice Holmes and Judge BROWN). Without objection, it is so or- In the Judiciary Committee, one Learned Hand had advocated to no dered. Democrat actually compared core po- Mr. GRASSLEY. Mr. President, as we avail. And if this constitutional litical speech to child pornography. It all know, we are discussing a constitu- amendment passes, that glorious his- is incredible that would be said. Com- tional amendment sponsored by 45 tory of the understanding of the impor- members of the Democratic Party to paring the core political speech the tance of free speech in a democracy restrict free speech. Bill of Rights protects to the video re- will be undone. This constitutional amendment pend- cording of an unspeakable crime It was only a few years after its 1969 ing before the Senate is a real threat to against a child doesn’t make any sense. ruling providing strong constitutional one of the two most vital developments That same Senator and the sponsor protections of free political speech that in our Nation’s legal and constitu- of the amendment on the floor both ar- the Supreme Court ruled on its first tional history. gued that campaign-related speech can campaign speech case; that is, Buckley One of those legal successes was the be restricted because free speech v. Valeo. In that case the Court ruled development of a body of civil rights doesn’t include the right to falsely that the independent expenditures laws to protect the basic freedoms of shout fire in a crowded theater. This is could be limited. The decision wasn’t all Americans. That took a long time the argument that would reduce free the work of supposed conservative judi- and required massive effort and even speech protection in this country to cial activists. Wealthy individuals have bloodshed as well as judicial rulings. the minimal level that it enjoyed 100 been able to spend unlimited amounts The second development was the en- years ago, before there was expansion on campaign-related speech since then. hancement of free speech as protected of protection under the First Amend- That isn’t a novel development that by the First Amendment. That process ment. dates only to Citizens United. Buckley also required massive time and effort When Justice Holmes made that fa- also permitted nonprofit corporations and judicial rulings. mous fire statement in that case, the to engage in independent expenditures Both of these struggles were made Supreme Court wasn’t being asked to designed to influence campaigns. Cor- necessary because the Supreme Court rule on the legality of a conviction of porations and others could contribute failed to give effort to the intent of the someone who had falsely yelled fire in to these nonprofit entities. authors of the First and 14th Amend- a crowded theater. Rather, the case in- In context, Citizens United rep- ments in guaranteeing liberty and volved a man who was convicted of dis- resents an advance over the prior law, equality. It took President Jefferson tributing leaflets urging young men especially in promoting transparency. assuming office—not the courts inter- not to comply with the draft laws dur- Floyd Abrams, the Nation’s foremost preting the First Amendment—to ad- ing World War I. First Amendment litigator, wrote to dress the criminalization of free speech Justice Holmes compared that peace- the Judiciary Committee in questions under the Alien and Sedition Acts. ful protest to a shout that would im- for the record: When Congress in the 1830s and 1840s mediately lead to serious bodily injury What Citizens United did do, however, is denied the right to petition for redress and perhaps loss of life for larger num- permit corporations to contribute to PACs of grievances to those who opposed bers of people. That is obviously a false that are required to disclose all donors and slavery, it took John Quincy Adams analogy. engage only in independent expenditures. and Congress—not a court relying on Those who speak in support or oppo- If anything, Citizens United is a pro-disclo- the First Amendment—to change those sition to candidates are comparable sure ruling which brought corporate money rules. then to those who pass out leaflets in further into the light. The reality is the First Amendment opposition to government policy. It is So I don’t think my colleagues are had a very limited scope until well into obviously false analogy to compare correct in saying this amendment is the 20th century. After a judicial sea that speech designed to persuade fellow about so-called ‘‘dark money.’’ And change, the courts now give broad pro- citizens in their voting to falsely limiting speech is totally separate tection to free speech. yelling fire in a crowded theater. from disclosure of speech. This amend- Political speech is now constitu- It is easy for the government to de- ment says nothing about disclosure. tionally protected unless the govern- termine whether a cry of fire is true or It is the constitutional amendment, ment has a compelling interest, and false, but a campaign ad isn’t often not Citizens United, that fails to re- the restriction is narrowly tailored to clearly false. Even a false ad doesn’t spect precedent. It doesn’t simply over- further that compelling interest. Those create the risk of death. When a gov- turn one case. The Supreme Court has free speech battles took many years to ernment prosecutes those who falsely repeatedly found that engaging in cam- win. If the arguments that proponents cry fire in a crowded theater, that paign speech is fully protected by the of this constitutional amendment are prosecution will have the beneficial ef- Bill of Rights. Time after time it has making were adopted, we would be fect of deterring others from engaging ruled correctly that because effective turning the clock back on 100 years of in that same conduct. But when gov- speech can only occur through the ex- progress of protecting free speech. The ernment criminalizes ads that it deter- penditure of money, government can- constitutional amendment before us is mines are false or limits how much can not restrict campaign expenditures by a content-based restriction on free be spent on those ads, backed up by candidates or others. Repeatedly, the speech. criminal penalties, that in fact will Court has recognized that effective Speech influencing campaigns for produce the harm of reducing the like- campaign speech requires that individ- elective office would be restricted. No lihood that others will speak about im- uals have the right to form groups that

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.081 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5498 CONGRESSIONAL RECORD — SENATE September 10, 2014 will spend money on campaign speech. citizens’ First Amendment rights? may not be submitted to vote; they depend Those Supreme Court decisions were This morning the lead sponsor of the on the outcome of no elections. joined and sometimes written by great amendment contended that the amend- We must preserve our Bill of Rights, liberal Justices. ment wouldn’t lead to banning books including our right to free speech. We This proposal represents a radical de- or putting people in jail. He also must not allow officials to diminish or parture from long-established free claimed that Congress had not provided ration that right. We must not let this speech protections. It is at war with an for such results in earlier years and proposal become part of the supreme entire body of jurisprudence. It extends would not do so now. He said that even law of the land. well beyond corporations. if Congress tried, it would be very un- I yield the floor. Despite the sponsors of this amend- likely that both Houses would pass Mr. ENZI. Mr. President, I wish to ment limiting their criticism to one or such a measure. He maintained that discuss legislation pending before the two cases, the amendment would over- even if such extreme measures were en- Senate which wages an unprecedented turn not just those few cases but 12 Su- acted, the Supreme Court would strike attack on a fundamental American preme Court decisions, according to down them as unreasonable. It reminds freedom. The Framers of our Constitu- that expert, Mr. Abrams. As the you that the alien and sedition laws tion were clear when they stated in the amendment has been redrafted, it may never put anybody in prison. But this Bill of Rights . . . ‘‘Congress shall be only 11.5 cases now, depending upon sponsor did not deny that Congress make no law . . . prohibiting the free what the word ‘‘reasonable’’ means. could, in fact, pass legislation that exercise of speech.’’ However, this And why the word ‘‘reasonable’’ was would have the effect the opponents week, the Senate majority has sought left out in the first place and why it have raised. What does he think would to undermine this fundamental free- was included now, I don’t know, but it happen if someone violated the reason- dom by offering a constitutional is included now because people realize able spending limits? Some govern- amendment to give Congress more con- the extremities to which this constitu- ment agency would have to enforce trol over the free speech rights of Americans. tional amendment would take it. But them with criminal penalties. Vio- I opposed moving forward with this even with the word ‘‘reasonable,’’ that lating them would subject people to extreme position would take us down a amendment because political speech is jail for speaking. The Obama Justice essential to the American way of life. slippery slope, amending the Bill of Department, which would enforce those Rights, and I don’t think we want to go Our Nation was founded on those who criminal laws, told the Supreme Court openly criticized the king and argued down that slope. that if Citizens United had been de- Justice Stevens, whom the com- for a better form of government. All cided as the sponsors of the amend- branches of our government rely on the mittee Democrats relied on at length ment desire, it would prosecute book in support of the amendment, voted ability for Americans to passionately publishers. defend their interests. Additionally, with the majority in three of the cases In this country constitutional rights when we elect candidates for office we the amendment would overturn. do not depend on the kindness of politi- It is hard to imagine what would be the electorate rely on open dialog cians not infringing them. Otherwise, about why he or she ought to serve a more radical than the Congress passing we wouldn’t have had the Alien and Se- a constitutional amendment to over- particular community or State. The dition Acts. Those limits prevent Con- Constitution would have never been turn a dozen Supreme Court decisions gress from violating rights in the first that have protected individual rights. adopted without the Bill of Rights. Po- place. litical speech is exactly the type of ex- Free speech would be dramatically cur- The Bill of Rights was adopted pre- pression the Founders sought to pro- tailed. That is why the arguments cisely because the citizens rejected the tect when they adopted the Bill of made here on the Senate floor that argument that the Constitution’s dif- matters were fine before Citizens Rights—however, this proposal com- ficult passage to legislative enactment pletely forgets about that freedom. United 4 years ago are beside the point. by itself was adequate to protect fun- Also off-point is the argument by an- Giving the Federal Government the damental liberties such as free speech. ability to regulate what we say is flat other Democrat that the debate here And it is cold comfort that after the concerns only whether Citizens United out dangerous. What is a reasonable election is over and they have been limitation on political speech? The was correctly decided under the First barred from speaking, citizens can Amendment and that the overall pro- sponsors of this proposal can’t answer spend money to ask the Supreme Court that and it is reckless to assume that tection of free speech is not at issue to reverse their convictions. whatsoever. The amendment before us Federal courts will determine the cor- I have made clear that this amend- rect answer. What concerns me the doesn’t just reverse Citizens United. It ment abridges fundamental freedoms doesn’t just take us back 4 years. It re- most is where does this regulation that are the birthright of Americans. stop? The answer is not clear and at verses decades of precedent that gave The arguments made to support it are the very end of the day this constitu- broad protection to free speech. That is very unconvincing. The amendment tional amendment limits the way in why the stakes are so high and why we will weaken, not strengthen, democ- which Americans can voice their con- are spending so much time debating racy. It will not reduce corruption but cerns about their elected officials. this constitutional amendment. will open the door for elected officials With all that the Senate needs to ac- Yet another argument was raised on to bend democracy rules to benefit complish it is an embarrassment that the floor that overturning Citizens themselves, and that is benefiting in- the majority leader would bring this up United through a constitutional cumbency. now, not allow amendments and expect amendment is comparable to over- The fact that the Senate is consid- this institution to forget about the turning earlier Supreme Court deci- ering such a dreadful amendment is a very freedoms our Founders sought to sions on women’s suffrage or poll taxes. great testament to the wisdom of our protect when they drafted our Federal In response to a written question from Founding Fathers in insisting upon and Constitution. the Judiciary Committee, the same adopting the Bill of Rights in the first The PRESIDING OFFICER. The Sen- scholar, Mr. Abrams, forcefully re- place, a necessary forerunner to wheth- ator from Oklahoma. jected any such comparison. He wrote er the Colonies would approve the Con- Mr. COBURN. Mr. President, I ask this back to us Senators: stitution in the first place. that the order for the quorum call be The notion that a Supreme Court opinion Justice Jackson famously wrote: rescinded. protecting First Amendment rights should The very purpose of a Bill of Rights was to The PRESIDING OFFICER. Without be viewed as comparable to one depriving withdraw certain subjects from the vicissi- objection, it is so ordered. slaves or women of their rights is both intel- tudes of political controversy, to place them LAMEST LAMEDUCK SESSION lectually flawed and morally repugnant. beyond the reach of majorities and officials How can constitutional amendments assur- Mr. COBURN. Mr. President, I be- and to establish them as legal principles to came a practicing physician over 30 ing freedom of slaves or equality for women be applied by the courts. possibly be viewed as analogous to taking One’s right to life, liberty, and property, to years ago. I delivered well in excess of away— free speech, a free press, freedom of worship 4,000 babies. And right now in my Sen- Emphasis on ‘‘taking away’’— and assembly, and other fundamental rights ate career and where the Senate is, I

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.083 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5499 feel as if I am the father in the waiting versal of the decline in the median reelected, you would not care about room. I keep wondering when we are family income in this country, which is that. going to make any progress, when we now at 1988 levels. So we are only going to be here in are actually going to have the delivery The big story is what is not hap- session—actively in Congress before of something positive for the country. pening. The big story is that Congress the election in early November—for 7 What we are seeing this week is real- is not addressing the needs of the Na- or 8 more days so that everybody who ly disappointing to me because if you tion. The big story is that Congress has is up for reelection, and those who are read just the headlines in the last 4 not passed its first appropriations bill. not, can go out and campaign and raise days, here are the headlines about Con- The big story is what is not happening. money so we can continue the progress gress. It is not what is happening. What is of career politicians and the rigged in- Here is today’s Politico: ‘‘The happening is a political farce. Every- cumbent advantage can stay in proc- Lamest Lame Duck Looms Over Con- body knows it. It is all about the elec- ess. gress.’’ tion, it is all about reemphasizing So I know it is not in order to offer ‘‘Lame Ducks Will Roost in a Do- where we are, and the country suffers my amendment. It has been filed. One Nothing December.’’ for it. way to fix this is to put term limits on ‘‘December will be the lamest lame- We know that there is no opportunity Members of the Senate. Oklahoma has duck session in a long time.’’ to actually amend the bill on the floor, term limits for its Members of Con- The Economist: ‘‘Congress is use- but I have filed an amendment which gress. Oklahomans believe in it. It is a less.’’ would place term limits on Members of 72-to-80 percent issue all across the America’s legislature has become some- Congress. The No. 1 requirement—right country. Americans believe in it, but thing of a joke in recent years, a place where now in this body—for most politicians the politicians in Washington are never good policy ideas go to die and where decent on both sides is to get reelected. That going to vote for it because it puts policy ideas go to be twisted into something is why we are not addressing the real them second and the country first. incomprehensible. issues; that is why we are not address- We have a Defense authorization bill It is enough to make one lose faith in ing the fraud in the Social Security that needs to be passed. It is critical representative democracy, I tell you. disability system; that is why we threw for the future of our country. We are CNN: $30 billion at the VA system rather not talking about it, and we are not Congress has taken off the whole year. But than effectively rearrange and totally doing anything on it. here’s the current math: What is less than rewrite the VA health care system. As I have mentioned, we have several nothing? And if you do less than nothing, at Cyber security is important for this cyber bills that need to be passed that what point does it become completely coun- country. Bills have passed out of the have gone through committee—bipar- terproductive and silly? Homeland Security Committee. Bills tisan bills—and they are not on the That is our debate. The sum total of have—these are all bipartisan bills— floor. We have significant appropria- our big ideas right now is not wanting passed out of the Senate Select Intel- tion bills that need to have the atten- to start any fights within our own ligence Committee. What is not hap- tion of the Members of Congress—and party and unity above all else as we pening is that they are not coming to this is not the committee’s fault. head into the midterm election. the floor even though that is a great The committee is a bipartisan com- What is the political solution? No threat to our country right now be- mittee and has done good work. This is substance, no ideas, no serious debate cause what is important is what is im- a leadership problem within the Sen- that might actually engage voters. In- portant to the politicians and not what ate. They have done their work, but stead, each side suits up, armed with is important for the long run, the best the bills can’t come to the floor be- its slogans and its bromides. for our country. cause we don’t want to have to take up This is a quote from CNN: ‘‘Congress If we are going to amend the Bill of and defend those votes back home. So defined: ‘Useless,’ ‘worthless,’ a Rights and take free speech away from when you read what the press says ‘joke.’ ’’ That is according to the most people in this country, we should at about Congress, they are actually pret- recent response of the popular re- least do something to secure the fu- ty nice to us given where we are today. sponses on CNN’s Web site from 5,000 ture—so our own worst tendencies We are lame ducks. We have taken the respondents on social media. won’t be exaggerated in the future— year off. We are worthless. We are a Also: and put term limits on Members of joke. We are useless, incompetent, cor- Still trying to get a pulse on the most Congress. This system is rigged for in- rupt, lazy, and inept. I don’t think common feelings toward Congress? The other cumbents. It is totally rigged for in- those words are too harsh. We are re- words on the top 10 list are ‘‘corrupt,’’ ‘‘in- cumbents. peating votes that we have already competent,’’ ‘‘lazy,’’ ‘‘inept,’’ ‘‘idiots,’’ ‘‘self- At one point last year the approval voted on that are political votes that ish’’ and ‘‘dysfunctional.’’ rating for Congress got down to 8 per- are designed to enhance turnout in cer- The article goes on to say: ‘‘I’ll de- cent. That means only 1 in 12 people in tain groups. scribe Congress with two words,’’ he this country thought Congress—and it So this place is a show place, and the said. ‘‘Term limits!!’’ is a little better than that now. I think downside is that the country suffers for The CNN article also had a Wash- it is 12 or 14 percent; 1 in 6 or 7 people it—our country. Whether you are a ington Post poll that said a majority of have confidence that we have their conservative male who is 66 years old Americans feel their representatives in back and that our motivations are pure like me or you are a liberal Latino fe- Congress are part of the problem. in terms of wanting to fix the problems male at 18, our country suffers because From the Washington Post: ‘‘Con- with our country. They see the lack of our eye is off the ball. Our eye is off gress is making a lot of history by leadership. They see the political pos- the oath that we took. Our eye is off being so unpopular.’’ turing, and they don’t like what they our commitment and the historical lin- The real topic of today is what is not see because what they see is selfish- eage that has been here before us as happening in the Congress. I will de- ness. They see politicians putting Members of Congress willing to do scribe where we are. This year we are themselves first and the country sec- what was necessary to solve the prob- going to have borrowed an excess of ond. That is where we are. It is the lems for the country. What is not hap- $500 billion that we won’t pay for. We dirty little secret that people won’t pening in the Senate is that there is no have a continuing resolution coming talk about but Americans outside of leadership. We say leader, but there is up with $49 billion worth of fake dol- Washington innately know is true. no leadership in the Senate. lars in it. That way everybody can say So we have a bill on the floor to The leadership of the Senate is now they stayed within the requirements of amend—for the first time in history— totally disconnected from what is need- the Ryan-Murray agreement. So there the Bill of Rights to limit First ed by the country. So instead of the is no integrity in that. Amendment speech. Why? Because the greatest deliberative body in the world, We have done nothing to markedly Supreme Court rulings have maybe what we have in the Senate today is increase the opportunity for jobs in changed the dynamics in terms of elec- the greatest political body in the world America. What is not happening is a re- tions. Well, if you didn’t care if you got that doesn’t care about deliberation

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.086 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5500 CONGRESSIONAL RECORD — SENATE September 10, 2014 and only cares about winning the next portunity to offer or debate our amend- forth. There will be no way to tell who election. There are a lot of ways to ments. these folks are, because under the laws cure that, and when you read and see I wonder what the American people of the United States many of these or- the poll about Congress and read the must be thinking about what we are ganizations do not have any obligation words and look at it, the majority of not doing, what we are not addressing, to disclose where their money comes Americans today believe that their the problems that are unfixed that from, a privileged status that indi- Member of Congress is part of the prob- need a fix, that need a bipartisan solu- vidual Americans do not have when it lem. The average Member of Congress tion, that need compromise, that need comes to funding political campaigns. has a lower reelect than nonreelect. the power of the original Senate, with It is enough to make everyone in our The American people get it. The the rights of the minority and the ma- State, in Colorado, hate their TV, question is: What can they do about it? jority running toward a compromise much less American politics, and prob- What you have to do is you have to that gives us the best we can get based ably not in that order. eventually have term limits so that we on where we are as a country. There is In Washington, on the other hand, take the inherent bias of the career no opportunity for that anymore in which—I guess I should say only in politician out of the mix, and we make this body. We don’t pass muster, and Washington, which has become a it not about the politicians but we re- we don’t pass muster not because there Disneyland when it comes to any sense turn the Senate to its original inten- are a lot of those on both sides of the of reality, there are people defending tion; and that is, what is in the best in- aisle who don’t want to pass muster the current system—the current cam- terest of the country. but because the leadership isn’t there. paign finance system—on the grounds Quite frankly, for the last 31⁄2 years, The Senate has been run into the that it is a great victory for free speech that is not what has been happening in ground as far as its intended function and a great victory for our democracy. this body. It is a soulful, shameful pe- and its intended working. I think that It is the position—it is the position of riod in the history of our country. The is highly unfortunate for our country. I the defenders of the current system thoughts and creative power of our think it is highly unfortunate for our that what we need in our politics is Founders as they instituted a body children. In this time of world morass more money, not less, that more that was meant to consider very and trouble all around the world—con- money is going to help our politics, not straightforward, very solemnly, every flict, complications, difficulty—and in less. issue that came—that was meant to this time when we are having trouble I have never met a Coloradan who drive consensus, to force consensus. We ourselves staying above water, in al- thinks what is wrong with our politics have no consensus when the whole goal most every aspect of what we are is that we do not have enough money. is not to solve problems for the coun- doing, we need a vigorous, alive, func- In fact, they believe the reverse. They try but to win elections. tioning Senate that is full of riveting believe the exact opposite. That is be- I would love to be able to take a poll debate about the issues of today that cause they know our system of financ- of Democrats, Republicans, Whigs, are presented to our country. Instead, ing campaigns, far from being about Independents, and everybody else who we have political games, and we are elucidating the truth, is a system ex- has ever been in this body—it is less going to have political games the rest pressly designed to obscure the truth. than 2,500, although I don’t know the of the week. From Colorado’s perspective, it is a exact number—and see what they I wonder what our future holds when system that is really good for the spe- would say about how the Senate oper- we have this kind of leadership. What cial interests and the occupiers of the ates today and how it is not doing its does it portend for the country when past, and really terrible for the Amer- job and what is not happening at a the U.S. Senate no longer debates the ican people and for our future. time when our country’s economic current topics and issues before the Over the last several months, almost growth is anemic at best, when job cre- country and spends all its times trying every one of us at some point has la- ation doesn’t come anywhere close to to get its Members reelected. That is a mented the Senate’s inability to ad- what we need, where deficit spending is sad commentary, and it is a Senate dress the big issues facing our Nation, kind of a yawn, and the moral fact that that is very far away from the Senate whether it is reforming our broken im- every day we have mortgaged the fu- I joined 10 years ago. migration system, creating a more ture of the next two generations. I I yield the floor. I note the absence of competitive Tax Code that encourages would love to hear what the other Sen- a quorum. innovation and helps produce an econ- ators who stood in this building would The PRESIDING OFFICER. The omy that lifts middle-class family in- say about what we are doing today. I clerk will call the roll. come again in the country. Energy, cli- think there would be a rousing round The bill clerk called the roll. mate, education, and infrastructure are of condemnation. Mr. BENNET. Mr. President, I ask left unanswered as we barely summon So I think it is important for the unanimous consent that the order for the votes to approve another non- American people right now to look at the quorum call be rescinded. controversial judge or nominee. the Senate and say: What are we doing? The PRESIDING OFFICER. Without My colleagues, we share the pathetic I mean, it is true that Social Security objection, it is so ordered. distinction of being on target to be- disability will go bankrupt next year. Mr. BENNET. Mr. President, I first coming the least productive Congress It is true that in less than 15 years wanted to acknowledge the severity of ever. Ever. Close readers of American Medicare will be bankrupt. It is true the challenges we face as a country history will know this is a particularly that in less than 18 years Social Secu- right now, whether it is military ac- ignominious achievement. How will it rity will be gone. Those are all true tion to stop the threat of ISIS or the feel when the next history books are things. It is true that we are going to crisis in Ukraine. Colorado is waiting written to know that we managed to do have a $500 billion deficit—at least $500 to hear from the President tonight. We even less than the do-nothing Con- billion—which is about $1,400 a person. are all concerned with that, as we gress? That is how you acquire a Con- We are spending more than we are tak- should be. gress that now has a 14-percent ap- ing in this year, and we are charging it Today on the floor of the Senate is a proval rating, below President Nixon to the 2, 3, 4, 5, and 6-year-olds in this proposed constitutional amendment. even had during the height of Water- country today. Those are true state- While it is on the floor I wanted to gate. ments. take a minute to talk about it. This less-than-do-nothing Congress is Is that anywhere close to integrity? Tonight in Colorado, a swing State, not just failing the American people on Is there any moral value in mortgaging families will endure an avalanche of the big issues. We have given up on the future of the next generation? political ads. Many of them will come those for now around here. We are Probably not. from obscure interests with deceptive struggling to pass basic appropriations I have listened to a lot of speeches on names such as America, Inc., the Gov- bills, to keep the Highway Trust Fund the floor this week. I hardly ever come ernment Integrity Fund Action Net- solvent over the long term. Some of my down and talk except for maybe once work, something called Citizens for a colleagues in this Chamber, this land of every 2 weeks now since we have no op- Working America, and so on and so flickering lights, have argued that the

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.088 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5501 tea party and obstruction are to blame. In fact, some do agree, but there isn’t To my knowledge, there are no super Others have argued that the majority’s a single soul in Colorado who does. PACs devoted to votes on judges one limits on debate and floor amendments But to me the more significant point way or another, which is maybe why are at the root of the problem. But I is that the Court failed to recognize that is what we spend our time doing. think it all starts with our broken how unlimited and undisclosed cam- I have a lot of respect for the Su- campaign finance system, which has paign spending corrupts the very act of preme Court, as I know the Presiding never been perfect but recently has be- government. This extends far beyond Officer does, and the separation of pow- come substantially worse. the traditional notion of quid pro quo ers, and I know how serious it is to First, let me say when I first studied corruption. consider a constitutional amendment, the Court’s most significant prior opin- In search pretty much in vain—not an amendment to the Constitution, ion on finance, the case of Buckley entirely but pretty much in vain—for which is why it should be a last, not a against Valeo, decided in the early the pitiful politician hiding cash in his first resort. 1970s, it seemed to me that if the Court icebox or somewhere beneath the south But the Court got it wrong when it had actually understood what had hap- 40, the Court missed the real corrup- came to the practical day-to-day oper- pened as a result of that decision, they tion. In doing so these decisions and ations of this Congress and the way its might reconsider their holding that the looming threat of unchecked spend- campaigns work, and its decisions have money is speech. But by then it was ing have led to almost complete paral- unleashed a new torrent of spending abundantly clear that the wealthier ysis—the end of principled compromise that is corroding the vibrancy of our you are the louder your voice, an out- on behalf of the public interest. democracy. I think it is useful for us to take a come that seemed to me at odds with a In his dissent in Citizens United, Jus- moment to think about or to consider democracy grounded on the notion of tice Stevens warned of this potential one person, one vote. This is not to say the practical effect of these decisions. problem when he wrote: During the entire 2010 election we should expect to live in a country The influx of unlimited corporate money cycle—that is the year Citizens United where everybody has equal speech. We into the electoral realm also creates new op- was decided—super PACs spent a total could never succeed in ensuring that, portunities for the mirror image of quid pro quo deals: threats, both explicit and implicit. of $63 million in this country. and we would certainly fail if we tried. So far, September 10, in this election But we could address unfair practices Starting today, corporations with large war chests to deploy on electioneering may find cycle, super PACs have spent $116 mil- and advantages. We could devise com- lion. That is almost twice what was monsense regulations of our campaign democratically elected bodies becoming much more attuned to their interests. spent in 2010, and it is only the begin- finance laws to make sure our govern- That is precisely what we found. In- ning of September. There are States ment could actually function. We could where you cannot buy TV time because hope to lift the voices in the town ertia has become the new reality in the Senate and in the House. Congress is so much TV time has been bought by square and on every street corner in these outside groups. the country and reward the effort of now frozen by its own fear of taking on incumbent interests, whether it is our For the three election cycles before each individual American, no matter Citizens United, outside spending to- what they believe, no matter who they failure to address long-term deficits or to create a coherent energy policy. taled about $113 million. In contrast, in were, who became involved in politics the three election cycles since Citizens to help create the future of this coun- We can see this corruption in the dif- ficult decisions we avoid. It is the United was decided, outside spending try. We could do that. In fact, we did has totaled about $530 million. This is do that for decades. We could do it tough vote that we will not take. It is the bill we can’t pass even in the face almost a fivefold increase in spending. until Citizens United was decided, There probably are people around the of urgent need. It is the deal that can’t when the Court not only did not wince country who aren’t beneficiaries of this be reached. It is the speech that is at its holding in Buckley, but doubled incredible speech. Unfortunately, folks never made. It is the story of the do- down, holding, among other things, in Colorado are because we are a swing less than the do-nothing Congress. that independent expenditures do not State, as I mentioned at the beginning. This corruption, by its nature, is dif- give rise to corruption or the appear- You can’t actually at this point watch ficult to prove because it is invisible, ance of corruption, an absurd propo- anything else on television. sition on its face to anyone who serves but it suits the incumbent interests In 2012 the top 100 individual donors in the Congress. just fine. to super PACs—the top 100 people, peo- Also, in McCutcheon, another opin- The Court imagined a world where ple along with their spouses—rep- ion, the Supreme Court held that there people with bags of money are wan- resented 1 percent of all individual do- is ‘‘only one legitimate governmental dering around Capitol Hill—and only nors to super PACs, but their donations interest for restricting campaign fi- then could you regulate it—trying to totaled 67 percent of the funding and nances: preventing corruption or the get people to do something for them. therefore 67 percent of the spending. appearance of corruption.’’ Ninety percent of what happens around But the spending doesn’t only affect That is it. It can’t be regulated to do here is people coming and trying to how this place works, as I mentioned anything else. keep you from doing something, trying earlier, it affects what we work on in The Court went on to hold that to keep things the same, trying to keep Congress. ‘‘spending large sums of money in con- the incumbent interests embedded in That is why Congress has repeatedly nection with elections, but not in con- our Tax Code, in our regulatory code, enacted reasonable limits on campaign nection with an effort to control the and in our statute book. spending, which have largely been exercise of an officeholder’s official du- The Supreme Court was silent com- upheld until very recently, until 2010. ties, does not give rise to quid pro quo pletely on that corruption. I would In fact, as recently as 2003, in FEC v. corruption. Nor does the possibility argue that is at the core of our dys- Beaumont, the Supreme Court found that an individual who spends large function as a Congress. that ‘‘any attack on the federal prohi- sums may garner ‘influence or access There is a reason the dysfunction bition of direct corporate political con- to’ elected officials or political par- that is so hated by the people I rep- tributions goes against the current of a ties.’’ resent coincided with the era of these century of congressional efforts to curb Think about that for a minute. The Supreme Court opinions. corporations’ potentially ‘deleterious majority in McCutcheon doesn’t be- This is why everybody in Colorado influences on federal elections.’ ’’ lieve that an individual who spends continue to scratch their heads and The Court made the point that our large sums of money would garner in- wonder how we can be so disconnected current laws grew out of the late 19th fluence or access to elected officials? from their set of priorities, so decou- century belief ‘‘that aggregated capital The Court doesn’t think they are try- pled from their set of priorities—what unduly influenced politics, an influence ing to influence our official duties? they care about, for the future of their not stopping short of corruption.’’ Could anyone in this Chamber agree families, the future of their business— It is an influence that stops the work with this conclusion with a straight and how we can come here all week and of the Senate and the House dead in its face? just vote on judges. tracks.

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.090 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5502 CONGRESSIONAL RECORD — SENATE September 10, 2014 This concern about aggregated cap- place reasonable limits on campaign Sierra, Cheyenne and Autumn Morris; ital and its effect on our democracy ac- spending to experiment with what and one nephew Takoda Morris. Derek tually goes back to the earliest days of works and put away what doesn’t work, is preceded in death by his grand- our country. similar to the rules that had existed parents Brooks and Eula Choate. In the Federalist Papers James Madi- for decades, similar to the rules that Today we remember Army SPC son wrote: existed when the Congress actually Derek A. Calhoun, a young man who We may define a republic to be, or at least functioned, similar to the rules that loved his family and country, and gave may bestow that name on, a government existed when Democrats and Repub- his life as a sacrifice for freedom. which derives all its powers directly or indi- licans didn’t seem to have such dif- SPECIALIST RYAN S. DALLAM rectly from the great body of the people. . . . ficulty working across the aisle. Mr. INHOFE. Mr. President, it is my It is essential to such a government that it I yield the floor and I suggest the ab- privilege also to honor the life and sac- be derived from the great body of the soci- sence of a quorum. rifice of Army SPC Ryan S. Dallam, of ety, not from an inconsiderable proportion, Norman, OK who died with two other or a favored class of it. The PRESIDING OFFICER. The clerk will call the roll. servicemembers on April 6, 2007, of So there is nothing unprecedented The bill clerk proceeded to call the wounds suffered from a roadside bomb about seeking to regulate campaign roll. while serving his Nation in Baghdad, spending. What is unprecedented is the Mr. REID. Mr. President, I ask unan- Iraq. ease by which the Supreme Court has imous consent that the order for the Ryan was born September 22, 1982 in undone decades of campaign finance quorum call be rescinded. Norman and lived in Midwest City, OK laws, which has led to this dysfunction The PRESIDING OFFICER. Without for a time after his parents divorced. in Congress and the misery the folks in objection, it is so ordered. When his mother Laura went to teach Colorado are suffering as they watch on an American Indian reservation in f these ads. AZ, he accompanied her and graduated What is unprecedented is the sheer MORNING BUSINESS from Show Low High School in 2002. He volume of money that is flooding the Mr. REID. Mr. President, I ask unan- later attended Oklahoma City Commu- Senate and congressional races. What imous consent that the Senate proceed nity College. is unprecedented is the corrupting in- to a period of morning business, with His father Scott Dallam retired in fluence this money is having on the in- Senators allowed to speak for up to 10 2003 after 23 years in the Army. A third stitution of Congress. minutes each. generation soldier, Ryan joined the Because of this new world of unlim- The PRESIDING OFFICER. Without military during the early spring of 2005 ited spending, Members of Congress are objection, it is so ordered. and reported to Fort Leonard Wood, a lot less likely to seek compromise MO for basic training. As a member of f than they once were and work together the Headquarters Company, 1st/18th In- if they know they may become the tar- ADDITIONAL STATEMENTS fantry, 2nd Brigade Combat Team, 1st get of a super Pac from people who can Infantry Division Schweinfurt, Ger- write checks that are larger than my many, Ryan deployed to Iraq in Sep- imagination. HONORING OUR ARMED FORCES tember 2007 and he was scheduled to Reasonable limits on campaign SPECIALIST DEREK A. CALHOUN come home on leave the next week. His spending can help address this problem. ∑ Mr. INHOFE. Mr. President, it is my family was enjoying making plans to We believed for decades and decades honor to pay tribute to the life and spend time with him when the chaplain and decades that the Constitution al- sacrifice of Army SPC Derek A. Cal- arrived at their home with the unwel- lowed us to do that. houn, of Oklahoma City, OK who died come news. The Supreme Court has now decided on June 23, 2007, of wounds suffered A memorial service was held at First that we can’t, and we are looking at when his vehicle encountered an impro- Christian Church in Norman on April this choice. vised explosive device while serving his 12, 2007 with interment at Fort Sill Na- I would say also on this point that Nation in Taji, Iraq. tional Cemetery in Fort Sill, OK. notwithstanding my observations Derek was born on September 8, 1983 ‘‘He really liked what he was doing,’’ about the Court, it is also true that in Oklahoma City, OK and attended Scott Dallam said. ‘‘That makes us feel eight of nine Supreme Court Justices Moore High School. After completing pretty good. He really enjoyed it and have said that disclosure requirements high school, he enrolled at Wright the camaraderie of being in the mili- tary and being around other soldiers.’’ are constitutional, that disclosure does Business School where he received his Ryan is survived by his mother Laura not require a change to the Constitu- associate degree. In 2005, he enlisted Dallam; father Scott Dallam; step- tion. I, for one, say at least let’s pass and was assigned to 2nd Battalion, 8th mother Leslie Dallam; and a younger that, Republicans and Democrats com- Cavalry Regiment, 1st Brigade Combat brother and sister. ing together and saying, You know Team, 1st Cavalry Division, Fort Hood, Today we remember Army SPC Ryan what. We have always had an expecta- TX. S. Dallam, a young man who loved his tion about the First Amendment that Derek had been in Iraq for 8 months family and country, and gave his life as we are going to be willing to stand and and was on his first tour of duty when a sacrifice for freedom. say who we are—or maybe we will not he was killed. He was injured several CORPORAL JARON D. HOLLIDAY require people to say who they are, but months earlier when a car bomb ex- Mr. INHOFE. Mr. President, it is my we will just say at the end: Paid for ploded outside a building he was in. He privilege also to honor the life and sac- people who are so embarrassed about had shrapnel in his wrist, abdomen and rifice of Army CPL Jaron D. Holliday, what they are doing that they refuse to shoulder and spent the several months of Tulsa, OK who died with two other put their actual names on this adver- in the hospital having two surgeries. servicemembers on August 4, 2007, of tisement. Because of his injuries, Derek was un- wounds suffered from a roadside bomb But it seems to me that if we can be able to use his right hand and was while serving his Nation in Hawr required to say: I am Senator so and so going through physical therapy to get Rajab, Iraq. and I paid for this message, we ought his hands back to normal. Jaron always wanted to be in the to be able to say that about everybody A funeral service was held on July 3, Armed Forces and began researching who is advertising in political ads. 2007 at South Lindsey Baptist Church which branch he wanted to go into Changing these rules would bring in Oklahoma City, OK with internment when he was 11, his mother, Kelly more compromise and consensus build- in Moore City Cemetery with full mili- Holliday, said. ‘‘That was always his ing to this institution but, most impor- tary honors. desire—to go into the military and tant, above all else, it would help give Derek is survived by his parents Alan serve,’’ his mother said. ‘‘When 9/11 individual families a greater say in the and Lou Calhoun of Oklahoma City; happened, he was 15, and he said, ‘If I political process. We offer this amend- one sister Lanesha Morris of Oklahoma were old enough to serve, I would.’ ’’ ment not as a one-size-fits-all solution City; grandparents Jean and JoAnn The oldest of eight siblings—seven but to allow Congress and the States to Calhoun of Choctaw, OK; three nieces boys and one girl—Jaron was home-

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.092 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5503 schooled and graduated through the Birmingham, AL; a brother Paul PRIVATE FIRST CLASS JERIMIAH J. VEITCH Christian Home Education Fellowship Whitehorn Jr. of Binger, OK; and three Mr. INHOFE. Mr. President, it is my of Oklahoma in 2004. He joined the sisters, Stephanie Leemhuis of Dublin, privilege also to honor the life and sac- Army in 2005 when he was 19 and was CA; Renee Whitehorn of Anadarko, OK; rifice of Army PFC Jerimiah J. Veitch, assigned to the 1st Squadron, 40th Cav- and Dream Cox of Birmingham, AL. of Dibble, OK who died with four other alry Regiment, 4th Brigade Combat Today we remember Army SPC servicemembers on June 21, 2007, of Team (Airborne), 25th Infantry Divi- Thomas R. Leemhuis, a young man wounds suffered when his vehicle was sion, Fort Richardson, AK. who loved his family and country, and struck by a rocket propelled grenade Funeral services were held August 16, gave his life as a sacrifice for freedom. while serving his Nation in Baghdad, 2010 at Tulsa Bible Church with inter- STAFF SERGEANT WILLIAM D. SCATES Iraq. He was assigned to 2nd Battalion, ment at Memorial Park Cemetery, Mr. INHOFE. Mr. President, I would 12th Infantry Regiment, 2nd Brigade Tulsa, OK. also like to honor the life and sacrifice Combat Team, 2nd Infantry Division, Jaron is survived by his parents John of Army SSG William D. Scates, of Fort Carson, CO. and Kelley Holliday and seven siblings. Oklahoma City, OK who died with Born in Moore, OK, Jerimiah moved ‘‘He was a people-watcher,’’ his three other servicemembers on August to San Jose, CA and then back to Dib- mother said. ‘‘He loved people. He was 11, 2007, of wounds suffered from a road- ble, OK with his mother Valorie San- the kind of person who, if he saw some- side bomb while serving his Nation in chez and stepfather Tony Sanchez be- one sitting by themselves looking de- Arab Jabour, Iraq. fore high school. According to his sis- pressed or upset, he made it his mis- Born March 8, 1976 in Oklahoma City, ter Amanda Testerman, he gave his all sion to make them smile before he left, Dan was a graduate of Western Heights at Dibble High School where he grad- and usually accomplished that goal.’’ High School and had a lifelong passion uated in 2005 so that he could play foot- ‘‘We didn’t want to waste time going to join the military. ‘‘When he was a ball and use the weight room. A memorial service was held at to an amusement park or sitting in a little boy, he was always drawing pic- Union Hill Baptist Church with inter- movie theater because you can’t look tures of soldiers. That’s all he ever ment in Dibble Cemetery in Dibble, at each other and talk to each other in wanted to be,’’ said his mother. He had those places. We decided to make OK. been in the Oklahoma Army National At the funeral, LTC Steven Michael memories by just being together,’’ said Guard before joining the Active Duty his mother. said that Jerimiah was only 5 foot 4 Army where he was assigned to the 1st inches, but was ‘‘strong as an ox, tena- Today we remember Army CPL Battalion, 30th Infantry Regiment, 2nd Jaron D. Holliday, a young man who cious.’’ One year he took second place Brigade Combat Team, 3rd Infantry Di- in a State weightlifting competition, loved his family and country, and gave vision, based at Fort Stewart, GA. his life as a sacrifice for freedom. lifting more than 1,000 pounds in three A memorial service was held Sep- lifts in the 132-pound weight class. SPECIALIST THOMAS R. LEEMHUIS tember 1, 2007 in Oklahoma City with More than 400 pounds of the total he Mr. INHOFE. Mr. President, I also interment in Fort Bliss National Ceme- lifted with a single deadlift. wish to remember Army SPC Thomas tery in El Paso, TX. His mother After returning home from the Army R. Leemhuis who died along with four Moreana Whitson said her son wanted he planned to go to Dibble, buy some other servicemembers on June 21, 2007 to be buried there because it was in El land and build a house. He wanted to of wounds sustained when their vehicle Paso where he met his wife Raquel, go to work for his stepfather in the struck an improvised explosive device while in training. roofing business. ‘‘He is more of a son in Baghdad, Iraq. Dan is survived by his wife Raquel; than anyone could ask for,’’ his father Tom was born in Lawton, OK on Au- daughters Jade 9, and 7-month-old said. ‘‘He was my partner. He was the gust 2, 1983 and attended Binger-Oney Kendra; his mother Moreana Whitson; heart of our family.’’ High School in Caddo County, OK be- his stepfather Randy Whitson; and two Jerimiah is survived by his mother fore moving to nearby Anadarko after sisters Courtney Champagne of Idaho Valorie Sanchez; stepfather Tony San- he graduated in 2002. and Shannon Scates of Oklahoma City. chez; his sister Amanda Testerman; In 2005 he was inspired to join the He was preceded in death by his father and two brothers Caleb and Jacob Army after the death of his uncle Mel- William Leon Scates, who died when Veitch. vin Jody Stevens, a Vietnam veteran. Dan was a child. I extend our deepest gratitude and Upon completing basic training he was At the memorial service, the Rev. condolences to Jerimiah’s family. He assigned to 1st Battalion, 26th Infantry Michael Jackson noted that Dan ‘‘as a lived a life of love for his family, Regiment, 2nd Brigade Combat Team, child protected kids in the neighbor- friends, and our country. He will be re- 1st Infantry Division, Schweinfurt, hood from the bullies’’ and said he was membered for his commitment to and Germany. doing the same thing in Iraq. belief in the greatness of our Nation. I About 500 friends, relatives and fel- The minister read a poem that Dan’s am honored to pay tribute to this true low soldiers attended a memorial serv- mother had written some time ago American hero who volunteered to go ice at Binger-Oney High School Audito- about her son, who was serving his into the fight and made the ultimate rium with internment at Williams third tour of duty in Iraq. sacrifice of his life for our freedom. Family Cemetery in Binger. At the ‘‘A long time ago, when you were just SERGEANT RYAN M. WOOD service, Tom was remembered as a fun- a little bitty fellar,’’ she wrote, ‘‘little Mr. INHOFE. Mr. President, it is my loving young man who enjoyed crack- did I know the hero in you. We are not privilege also to honor the life and sac- ing jokes and playing video games. here today to mourn,’’ Jackson said. rifice of Army SGT Ryan M. Wood, of ‘‘His No. 1 football team was the Ne- ‘‘We are here to celebrate a hero who is Oklahoma City, OK who died with two braska Cornhuskers, and he loved to going home to receive his greatest other servicemembers on June 21, 2007, wear his Nebraska hat around the Uni- award . . . his greatest honor.’’ of wounds suffered from a roadside versity of Oklahoma,’’ said his mother. ‘‘I believe he was a hero before he bomb while serving his Nation in Bagh- ‘‘He loved to push it to the limit.’’ was born,’’ Jackson said. ‘‘Then he dad, Iraq. Tom had first thought of becoming a lived up to that calling, not just as an Born June 11, 1984 in Oklahoma City, teacher and basketball coach when he adult, but through his whole life.’’ OK, Ryan graduated from Putnam City got out of the military, but then de- I extend our deepest gratitude and North High School in 2002 and signed cided to become a police officer be- condolences to Dan’s family. He lived a up for the Army after the September 11 cause he hated drugs. He had decided to life of love for his family, friends, and terrorist attacks. ‘‘The war gave Ryan return to Binger after he completed his our country. He will be remembered for a mission,’’ said his sister, Candice commitment with the Army because he his commitment to and belief in the Bunce. He was assigned to the 1st Bat- wanted to make a difference there. He greatness of our Nation. I am honored talion, 26th Infantry Regiment, 2nd was extremely proud of the military to pay tribute to this true American Brigade Combat Team, 1st Infantry Di- and being a Native American. hero who volunteered to go into the vision, Schweinfurt, Germany. ‘‘He ac- Tom is survived by his mother Patty fight and made the ultimate sacrifice complished his mission and left this Leemhuis; father Paul Whitehorn of of his life for our freedom. world with dignity and honor.’’

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.071 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5504 CONGRESSIONAL RECORD — SENATE September 10, 2014 Ryan was an accomplished artist who H.R. 4067. An act to provide for the exten- Environmental Protection Agency, transmit- had received an acceptance letter from sion of the enforcement instruction on super- ting, pursuant to law, the report of a rule en- the University of Central Oklahoma to vision requirements for outpatient thera- titled ‘‘Methoxyfenozide; Pesticide Toler- study art and political science. On his peutic services in critical access and small ances’’ (FRL No. 9913–99) received during ad- rural hospitals through 2014. journment of the Senate in the Office of the second tour to Iraq, he had the names H.R. 4290. An act to amend the Public President of the Senate on August 28, 2014; to of two other soldiers who died in com- Health Service Act to reauthorize the Emer- the Committee on Agriculture, Nutrition, bat tattooed on his chest. gency Medical Services for Children Pro- and Forestry. His stepfather Scott Vincent said he gram. EC–6827. A communication from the Direc- hoped Wood’s death will remind others H.R. 4701. An act to provide for research tor of the Regulatory Management Division, that American soldiers are dying for with respect to Lyme disease and other tick- Environmental Protection Agency, transmit- borne diseases, and for other purposes. ting, pursuant to law, the report of a rule en- their country in Iraq. ‘‘The majority of titled ‘‘Sweet Orange Peel Tincture; Exemp- them are proud to be there,’’ he said. H.R. 5078. An act to preserve existing rights and responsibilities with respect to tion from the Requirement of a Tolerance’’ ‘‘They don’t want to be forgotten. They waters of the United States, and for other (FRL No. 9909–83) received during adjourn- want to have the tools to do their job.’’ purposes. ment of the Senate in the Office of the Presi- dent of the Senate on August 18, 2014; to the Funeral services were held at the ENROLLED BILL SIGNED Committee on Agriculture, Nutrition, and Church of the Servant in northwest At 1:47 p.m., a message from the Oklahoma City, OK. Forestry. House of Representatives, delivered by EC–6828. A communication from the Direc- Speaking at the funeral, Ryan’s Mrs. Cole, one of its reading clerks, an- tor of the Regulatory Management Division, uncle Army Maj. John Litchfield said nounced that the Speaker has signed Environmental Protection Agency, transmit- his nephew had a noble spirit that his the following enrolled bill: ting, pursuant to law, the report of a rule en- men could sense. He spent 607 days in titled ‘‘C.I. Pigment Red 112; Exemption combat, his uncle said. ‘‘Even as a S. 231. An act to reauthorize the Multi- from the Requirement of a Tolerance’’ (FRL national Species Conservation Funds No. 9914–14) received during adjournment of teenager, that noble spirit would not Semipostal Stamp. allow you to sit by and accept the in- the Senate in the Office of the President of The enrolled bill was subsequently the Senate on August 20, 2014; to the Com- justices of the world,’’ he said. signed by the President pro tempore mittee on Agriculture, Nutrition, and For- ‘‘Ryan felt Iraq was a job we had to estry. (Mr. LEAHY). finish. It wasn’t something we could EC–6829. A communication from the Direc- walk away from,’’ Scott Vincent said. f tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ‘‘He was dedicated to being there, and MEASURES REFERRED he was extremely well-loved by all his ting, pursuant to law, the report of a rule en- The following bills were read the first titled ‘‘Fluopicolide; Pesticide Tolerances’’ men.’’ (FRL No. 9914–37) received during adjourn- Ryan is survived by his mother and the second times by unanimous consent, and referred as indicated: ment of the Senate in the Office of the Presi- Renee Wood-Vincent; father Bonner dent of the Senate on August 11, 2014; to the Wood; stepfather Scott Vincent; sister H.R. 669. An act to amend the Public Committee on Agriculture, Nutrition, and Candice Bunce; and numerous other Health Service Act to improve the health of Forestry. children and help better understand and en- EC–6830. A communication from the Man- relatives and friends. hance awareness about unexpected sudden Today we remember Army SGT Ryan ager of the BioPreferred Program, Office of death in early life; to the Committee on Procurement and Property Management, De- M. Wood, a young man who loved his Health, Education, Labor, and Pensions. partment of Agriculture, transmitting, pur- family and country, and gave his life as H.R. 3670. An act to amend the Commu- suant to law, the report of a rule entitled a sacrifice for freedom.∑ nications Act of 1934 to expand and clarify ‘‘Guidelines for Designating Biobased Prod- the prohibition on provision of inaccurate f ucts for Federal Procurement’’ (RIN0599– caller identification information, and for AA18) received during adjournment of the MESSAGES FROM THE PRESIDENT other purposes; to the Committee on Com- Senate in the Office of the President of the merce, Science, and Transportation. Senate on August 22, 2014; to the Committee Messages from the President of the H.R. 4701. An act to provide for research on Agriculture, Nutrition, and Forestry. United States were communicated to with respect to Lyme disease and other tick- EC–6831. A communication from the Asso- the Senate by Mr. Pate, one of his sec- borne diseases, and for other purposes; to the ciate Administrator of the Livestock, Poul- retaries. Committee on Health, Education, Labor, and try, and Seed Program, Agricultural Mar- Pensions. keting Service, Department of Agriculture, f transmitting, pursuant to law, the report of f EXECUTIVE MESSAGES REFERRED a rule entitled ‘‘Beef Promotion and Re- MEASURES PLACED ON THE search; Reapportionment’’ (AMS–LPS–13– As in executive session the Presiding CALENDAR 0079) received during adjournment of the Officer laid before the Senate messages Senate in the Office of the President of the from the President of the United The following bill was read the first Senate on August 27, 2014; to the Committee States submitting sundry nominations and second times by unanimous con- on Agriculture, Nutrition, and Forestry. which were referred to the appropriate sent, and placed on the calendar: EC–6832. A communication from the Asso- ciate Administrator of the Fruit and Vege- committees. H.R. 4290. An act to amend the Public Health Service Act to reauthorize the Emer- table Programs, Agricultural Marketing (The messages received today are Service, Department of Agriculture, trans- printed at the end of the Senate pro- gency Medical Services for Children Pro- gram. mitting, pursuant to law, the report of a rule ceedings.) entitled ‘‘Oranges and Grapefruit Grown in f Lower Rio Grande Valley in Texas; De- f MEASURES READ THE FIRST TIME creased Assessment Rate’’ (Docket No. AMS– MESSAGES FROM THE HOUSE FV–14–0054; FV14–906–3 IR) received during The following bill was read the first adjournment of the Senate in the Office of At 12:53 p.m., a message from the time: the President of the Senate on August 22, House of Representatives, delivered by H.R. 5078. An act to preserve existing 2014; to the Committee on Agriculture, Nu- Mrs. Cole, one of its reading clerks, an- rights and responsibilities with respect to trition, and Forestry. EC–6833. A communication from the Direc- nounced that the House has passed the waters of the United States, and for other tor of the Issuances Staff, Food Safety and following bills, in which it requests the purposes. Inspection Service, Department of Agri- concurrence of the Senate: f culture, transmitting, pursuant to law, the H.R. 669. An act to amend the Public report of a rule entitled ‘‘Modernization of Health Service Act to improve the health of EXECUTIVE AND OTHER Poultry Slaughter Inspection’’ (RIN0583– children and help better understand and en- COMMUNICATIONS AD32) received during adjournment of the hance awareness about unexpected sudden The following communications were Senate in the Office of the President of the death in early life. laid before the Senate, together with Senate on September 3, 2014; to the Com- H.R. 3670. An act to amend the Commu- accompanying papers, reports, and doc- mittee on Agriculture, Nutrition, and For- nications Act of 1934 to expand and clarify estry. the prohibition on provision of inaccurate uments, and were referred as indicated: EC–6834. A communication from the Direc- caller identification information, and for EC–6826. A communication from the Direc- tor of the Regulatory Review Group, Com- other purposes. tor of the Regulatory Management Division, modity Credit Corporation, Department of

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.075 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5505 Agriculture, transmitting, pursuant to law, Regulations, Office of Housing-Federal Hous- EC–6852. A communication from the Assist- the report of a rule entitled ‘‘Cotton Transi- ing Commissioner, Department of Housing ant Secretary for Export Administration, tion Assistance Program and General Provi- and Urban Development, transmitting, pur- Bureau of Industry and Security, Depart- sions for Agriculture Risk Coverage and suant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant Price Loss Coverage Programs’’ ((RIN0560– ‘‘Federal Housing Administration (FHA): Ad- to law, the report of a rule entitled ‘‘Imple- AI22) (7 CFR Part 1412)) received during ad- justable Rate Mortgage Notification Re- mentation of Understandings Reached at the journment of the Senate in the Office of the quirements and Look-Back Period for FHA– 2005, 2012, and 2013 Nuclear Suppliers Group President of the Senate on August 20, 2014; to Insured Single Family Mortgages’’ (RIN2502– (NSG) Plenary Meetings and a 2009 NSG the Committee on Agriculture, Nutrition, AJ20) received in the Office of the President Intersessional Decision; Additions to the and Forestry. of the Senate on September 8, 2014; to the List of NSG Participating Countries’’ EC–6835. A communication from the Con- Committee on Banking, Housing, and Urban (RIN0694–AD58) received during adjournment gressional Review Coordinator, Animal and Affairs. of the Senate in the Office of the President Plant Health Inspection Service, Department EC–6844. A communication from the Asso- of the Senate on August 13, 2014; to the Com- of Agriculture, transmitting, pursuant to ciate General Counsel for Legislation and mittee on Banking, Housing, and Urban Af- law, the report of a rule entitled ‘‘Animal Regulations, Office of Housing-Federal Hous- fairs. Welfare; Importation of Live Dogs’’ ing Commissioner, Department of Housing EC–6853. A communication from the Chair- ((RIN0579–AD23) (Docket No. APHIS–2009– and Urban Development, transmitting, pur- man and President of the Export-Import 0053)) received during adjournment of the suant to law, the report of a rule entitled Bank, transmitting, pursuant to law, a re- Senate in the Office of the President of the ‘‘Manufactured Housing Program Fee: Final port relative to transactions involving U.S. exports to Colombia; to the Committee on Senate on August 18, 2014; to the Committee Fee Increase’’ (RIN2502–AJ19) received dur- Banking, Housing, and Urban Affairs. on Agriculture, Nutrition, and Forestry. ing adjournment of the Senate in the Office EC–6854. A communication from the Chair- EC–6836. A communication from the Chief of the President of the Senate on August 20, man and President of the Export-Import of Staff, Natural Resources Conservation 2014; to the Committee on Banking, Housing, Bank, transmitting, pursuant to law, a re- Service, Department of Agriculture, trans- and Urban Affairs. port relative to transactions involving U.S. mitting, pursuant to law, the report of a rule EC–6845. A communication from the Assist- exports to the United Kingdom; to the Com- entitled ‘‘Changes to Existing Conservation ant General Counsel, General Law, Ethics, mittee on Banking, Housing, and Urban Af- Program Regulations’’ ((RIN0578–AA60) and Regulation, Department of the Treasury, fairs. (Docket No. NRCS–2014–0006)) received dur- transmitting, pursuant to law, a report rel- EC–6855. A communication from the Chair- ing adjournment of the Senate in the Office ative to a vacancy in the position of Assist- man and President of the Export-Import of the President of the Senate on August 11, ant Secretary (Economic Policy), Depart- Bank, transmitting, pursuant to law, a re- 2014; to the Committee on Agriculture, Nu- ment of the Treasury, received during ad- port relative to transactions involving U.S. trition, and Forestry. journment of the Senate in the Office of the exports to Ethiopia; to the Committee on EC–6837. A communication from the Direc- President of the Senate on August 18, 2014; to Banking, Housing, and Urban Affairs. tor of Congressional Activities (Intel- the Committee on Banking, Housing, and EC–6856. A communication from the Chair- ligence), Office of the Under Secretary of De- Urban Affairs. man and President of the Export-Import fense, transmitting, pursuant to law, a re- EC–6846. A communication from the Dep- Bank, transmitting, pursuant to law, a re- port relative to the results of a study of se- uty Assistant Secretary for Export Adminis- port relative to transactions involving U.S. curity measures on United States military tration, Bureau of Industry and Security, exports to Mexico; to the Committee on installations by June 24, 2014; to the Com- Department of Commerce, transmitting, pur- Banking, Housing, and Urban Affairs. mittee on Armed Services. suant to law, the report of a rule entitled EC–6857. A communication from the Acting EC–6838. A communication from the Under ‘‘Russian Oil Industry Sanctions and Addi- Chief Counsel, Federal Emergency Manage- Secretary of Defense (Personnel and Readi- tion of Person to the Entity List’’ (RIN0694– ment Agency, Department of Homeland Se- ness), transmitting a report on the approved AG25) received during adjournment of the curity, transmitting, pursuant to law, the re- retirement of Lieutenant General Burton M. Senate in the Office of the President of the port of a rule entitled ‘‘Final Flood Ele- Field, United States Air Force, and his ad- Senate on August 13, 2014; to the Committee vation Determinations’’ ((44 CFR Part 67) vancement to the grade of lieutenant general on Banking, Housing, and Urban Affairs. (Docket No. FEMA–2014–0002)) received in the on the retired list; to the Committee on EC–6847. A communication from the Spe- Office of the President of the Senate on Sep- Armed Services. cial Inspector General for the Troubled Asset tember 8, 2014; to the Committee on Bank- EC–6839. A communication from the Under Relief Program, transmitting, pursuant to ing, Housing, and Urban Affairs. Secretary of Defense (Personnel and Readi- law, the July 2014 Quarterly Report to Con- EC–6858. A communication from the Dep- ness), transmitting the report of one (1) offi- gress of the Special Inspector General for the uty Secretary of the Securities and Ex- cer authorized to wear the insignia of the Troubled Asset Relief Program; to the Com- change Commission, transmitting, pursuant grade of major general in accordance with mittee on Banking, Housing, and Urban Af- to law, the report of a rule entitled ‘‘Asset- title 10, United States Code, section 777; to fairs. Backed Securities Disclosure and Registra- the Committee on Armed Services. EC–6848. A communication from the Sec- tion’’ (RIN3235–AK37) received during ad- EC–6840. A communication from the Assist- retary of the Treasury, transmitting, pursu- journment of the Senate in the Office of the ant Secretary of Defense (Global Strategic ant to law, a six-month periodic report on President of the Senate on September 4, 2014; Affairs), transmitting, pursuant to law, a re- the national emergency with respect to to the Committee on Banking, Housing, and port entitled ‘‘Report on Proposed Obliga- Libya that was originally declared in Execu- Urban Affairs. EC–6859. A communication from the Ad- tions for Cooperative Threat Reduction’’; to tive Order 13566 of February 25, 2011; to the ministrator, U.S. Energy Information Ad- the Committee on Armed Services. Committee on Banking, Housing, and Urban ministration, Department of Energy, trans- EC–6841. A communication from the Asso- Affairs. mitting, pursuant to law, a report entitled ciate General Counsel for Legislation and EC–6849. A communication from the Sec- ‘‘The Availability and Price of Petroleum Regulations, Office of Housing-Federal Hous- retary of the Treasury, transmitting, pursu- and Petroleum Products Produced in Coun- ing Commissioner, Department of Housing ant to law, a six-month periodic report on tries Other Than Iran’’; to the Committee on and Urban Development, transmitting, pur- the national emergency declared in Execu- Energy and Natural Resources. suant to law, the report of a rule entitled tive Order 13224 of September 23, 2001, with EC–6860. A communication from the Assist- ‘‘Environmental Compliance Recordkeeping respect to persons who commit, threaten to ant Secretary, Office of Electricity Delivery Requirements’’ (RIN2506–AC34) received dur- commit, or support terrorism; to the Com- and Energy Reliability, Department of En- ing adjournment of the Senate in the Office mittee on Banking, Housing, and Urban Af- ergy, transmitting, pursuant to law, a report of the President of the Senate on September fairs. entitled ‘‘2014 Smart Grid System Report’’; 3, 2014; to the Committee on Banking, Hous- EC–6850. A communication from the Sec- to the Committee on Energy and Natural Re- ing, and Urban Affairs. retary of the Treasury, transmitting, pursu- sources. EC–6842. A communication from the Asso- ant to law, a six-month periodic report on EC–6861. A communication from the Assist- ciate General Counsel for Legislation and the national emergency with respect to per- ant Secretary, Energy Efficiency and Renew- Regulations, Office of Housing-Federal Hous- sons undermining democratic processes or able Energy, Department of Energy, trans- ing Commissioner, Department of Housing institutions in Zimbabwe that was declared mitting, pursuant to law, the semi-annual and Urban Development, transmitting, pur- in Executive Order 13288 of March 6, 2003; to Implementation Report on Energy Conserva- suant to law, the report of a rule entitled the Committee on Banking, Housing, and tion Standards Activities of the Department ‘‘Federal Housing Administration (FHA): Urban Affairs. of Energy; to the Committee on Energy and Handling Prepayments: Eliminating Post- EC–6851. A communication from the Sec- Natural Resources. Payment Interest Charges’’ (RIN2502–AJ17) retary of the Treasury, transmitting, pursu- EC–6862. A communication from the Ad- received in the Office of the President of the ant to law, a six-month periodic report on ministrator of the Environmental Protection Senate on September 8, 2014; to the Com- the national emergency with respect to Agency, transmitting, pursuant to law, a re- mittee on Banking, Housing, and Urban Af- Ukraine that was originally declared in Ex- port entitled ‘‘National Air Toxics Program: fairs. ecutive Order 13660 of March 6, 2014; to the The Second Integrated Urban Air Toxics Re- EC–6843. A communication from the Asso- Committee on Banking, Housing, and Urban port to Congress’’; to the Committee on En- ciate General Counsel for Legislation and Affairs. vironment and Public Works.

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.022 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5506 CONGRESSIONAL RECORD — SENATE September 10, 2014 EC–6863. A communication from the Acting EC–6872. A communication from the Direc- EC–6879. A communication from the Direc- Director of Congressional Affairs, Nuclear tor of the Regulatory Management Division, tor of the Regulatory Management Division, Regulatory Commission, transmitting, pur- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- suant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- ‘‘Light Load Handling System and Refueling titled ‘‘Approval and Promulgation of Imple- titled ‘‘National Emission Standards for Haz- Cavity Design’’ (NRC–2013–0148) received dur- mentation Plans; State of Missouri, Certain ardous Air Pollutants Residual Risk and ing adjournment of the Senate in the Office Coals to Be Washed’’ (FRL No. 9915–30–Re- Technology Review for Flexible Poly- of the President of the Senate on August 18, gion 7) received during adjournment of the urethane Foam Production’’ (FRL No. 9914– 2014; to the Committee on Environment and Senate in the Office of the President of the 30–OAR) received during adjournment of the Public Works. Senate on August 18, 2014; to the Committee Senate in the Office of the President of the EC–6864. A communication from the Acting on Environment and Public Works. Senate on August 11, 2014; to the Committee Director of Congressional Affairs, Nuclear EC–6873. A communication from the Direc- on Environment and Public Works. Regulatory Commission, transmitting, pur- tor of the Regulatory Management Division, EC–6880. A communication from the Direc- suant to law, the report of a rule entitled Environmental Protection Agency, transmit- tor of the Regulatory Management Division, ‘‘Maintenance Rule’’ (NRC–2013–0179) re- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ceived during adjournment of the Senate in titled ‘‘Revisions to the California State Im- ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on plementation Plan, Placer County Air Pollu- titled ‘‘Regulation of Fuels and Fuel Addi- August 18, 2014; to the Committee on Envi- tion Control District, Negative Declara- tives: Extension of Compliance and Attest ronment and Public Works. tions’’ (FRL No. 9914–75–Region 9) received Engagement Reporting Deadlines for 2013 Re- EC–6865. A communication from the Ad- during adjournment of the Senate in the Of- newable Fuel Standards’’ ((RIN2060–AS29) ministrator, General Services Administra- fice of the President of the Senate on August (FRL No. 9914–88–OAR)) received during ad- tion, transmitting, pursuant to law, 18, 2014; to the Committee on Environment journment of the Senate in the Office of the prospectuses that support the Administra- and Public Works. President of the Senate on August 11, 2014; to tion’s fiscal year 2015 Capital Investment and EC–6874. A communication from the Direc- the Committee on Environment and Public Leasing Program; to the Committee on Envi- tor of the Regulatory Management Division, Works. ronment and Public Works. Environmental Protection Agency, transmit- EC–6881. A communication from the Direc- EC–6866. A communication from the Assist- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, ant Secretary of the Army (Civil Works), titled ‘‘National Pollutant Discharge Elimi- Environmental Protection Agency, transmit- transmitting, pursuant to law, a report rel- nation System (NPDES): Use of Sufficiently ting, pursuant to law, the report of a rule en- ative to the Sutter Basin Project in Sutter Sensitive Test Methods for Permit Applica- titled ‘‘Emergency Vehicle Rule—SCR Main- and Butte Counties, California, for the pur- tions and Reporting’’ ((RIN2040–AC84) (FRL tenance and Regulatory Flexibility for pose of flood risk management; to the Com- No. 9915–18–OW)) received during adjourn- Nonroad Equipment’’ ((RIN2060–AR46) (FRL mittee on Environment and Public Works. ment of the Senate in the Office of the Presi- No. 9914–63–OAR)) received during adjourn- EC–6867. A communication from the Chair- dent of the Senate on August 18, 2014; to the ment of the Senate in the Office of the Presi- man, Nuclear Regulatory Commission, trans- Committee on Environment and Public dent of the Senate on August 11, 2014; to the mitting, pursuant to law, a report entitled Works. Committee on Environment and Public ‘‘The 2014 Radiation Source Protection and EC–6875. A communication from the Direc- Works. Security Task Force Report’’; to the Com- tor of the Regulatory Management Division, EC–6882. A communication from the Direc- mittee on Environment and Public Works. Environmental Protection Agency, transmit- tor of the Regulatory Management Division, EC–6868. A communication from the Direc- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of State ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Implementation Plans; Hawaii; Infrastruc- titled ‘‘Commonwealth of Virginia; Infra- ting, pursuant to law, the report of a rule en- ture Requirements for the 2008 8-Hour Ozone structure Requirements for the 1997 8-Hour titled ‘‘Approval and Promulgation of Air and the 2010 Nitrogen Dioxide National Am- Ozone and the 1997 and 2006 Fine Particulate Quality Implementation Plans; Colorado; bient Air Quality Standards’’ (FRL No. 9914– Matter National Ambient Air Quality Stand- Revisions to Regulation Number 1; Correc- 62–Region 9) received during adjournment of ards’’ (FRL No. 9914–70–Region 3) received tion’’ (FRL No. 9914–08–Region 8) received the Senate in the Office of the President of during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- the Senate on August 18, 2014; to the Com- fice of the President of the Senate on August fice of the President of the Senate on August mittee on Environment and Public Works. 11, 2014; to the Committee on Environment 18, 2014; to the Committee on Environment EC–6876. A communication from the Direc- and Public Works. EC–6883. A communication from the Direc- and Public Works. tor of the Regulatory Management Division, tor of the Regulatory Management Division, EC–6869. A communication from the Direc- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- titled ‘‘Ocean Dumping: Cancellation and ting, pursuant to law, the report of a rule en- mentation Plans; Florida; Infrastructure Re- Modification of Final Site Designations’’ titled ‘‘Approval and Promulgation of Imple- quirement (Visibility) for the 1997 and 2006 (FRL No. 9914–59–Region 6) received during mentation Plans; Washington: Kent, Seattle, PM, and 2008 8-Hour Ozone NAAQS’’ (FRL adjournment of the Senate in the Office of and Tacoma Second 10-Year PM10 Limited No. 9915–65–Region 4) received during ad- the President of the Senate on August 11, Maintenance Plan’’ (FRL No. 9915–40–Region journment of the Senate in the Office of the 2014; to the Committee on Environment and 10) received during adjournment of the Sen- President of the Senate on August 20, 2014; to Public Works. ate in the Office of the President of the Sen- the Committee on Environment and Public EC–6884. A communication from the Direc- ate on August 18, 2014; to the Committee on Works. tor of the Regulatory Management Division, Environment and Public Works. EC–6877. A communication from the Direc- Environmental Protection Agency, transmit- EC–6870. A communication from the Direc- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; Indiana; In- ting, pursuant to law, the report of a rule en- titled ‘‘Revisions to the California State Im- diana PSD Increments’’ (FRL No. 9914–94–Re- titled ‘‘Approval and Promulgation of Imple- plementation Plan, Imperial County Air Pol- gion 5) received during adjournment of the mentation Plans; State of Missouri; Infra- lution Control District And Shasta County Senate in the Office of the President of the structure SIP Requirements for the 2008 Air Quality Management District’’ (FRL No. Senate on August 11, 2014; to the Committee Lead National Ambient Air Quality Stand- 9913–13–Region 9) received during adjourn- on Environment and Public Works. ard’’ (FRL No. 9915–28–Region 7) received ment of the Senate in the Office of the Presi- EC–6885. A communication from the Direc- during adjournment of the Senate in the Of- dent of the Senate on August 28, 2014; to the tor of the Regulatory Management Division, fice of the President of the Senate on August Committee on Environment and Public Environmental Protection Agency, transmit- 18, 2014; to the Committee on Environment Works. ting, pursuant to law, the report of a rule en- and Public Works. EC–6878. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- EC–6871. A communication from the Direc- tor of the Regulatory Management Division, mentation Plans; Idaho: Infrastructure Re- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- quirements for the 2010 Nitrogen Dioxide and Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- 2010 Sulfur Dioxide National Ambient Air ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air Quality Standards’’ (FRL No. 9914–90–Region titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; Wyoming; 10) received during adjournment of the Sen- Quality Implementation Plans; New Hamp- Revisions to the Wyoming Air Quality ate in the Office of the President of the Sen- shire; Reasonably Available Control Tech- Standards and Regulations; Ambient stand- ate on August 11, 2014; to the Committee on nology for Nitrogen Oxides and Volatile Or- ards for Particulate Matter and for Lead.’’ Environment and Public Works. ganic Compounds’’ (FRL No. 9913–00–Region (FRL No. 9915–75–Region 8) received during EC–6886. A communication from the Direc- 1) received during adjournment of the Senate adjournment of the Senate in the Office of tor of the Regulatory Management Division, in the Office of the President of the Senate the President of the Senate on August 28, Environmental Protection Agency, transmit- on August 18, 2014; to the Committee on En- 2014; to the Committee on Environment and ting, pursuant to law, the report of a rule en- vironment and Public Works. Public Works. titled ‘‘Approval and Promulgation of Air

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.025 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5507 Quality Implementation Plans; Virginia; Re- upon application of two-thirds of the legisla- S. 2783. A bill to establish a demonstration vision to the Maintenance Plans for the tures of the several states for the purpose of program requiring the utilization of Value- Richmond 1990 1-Hour and Richmond-Peters- proposing amendments to the United States Based Insurance Design to demonstrate that burg 1997 8-Hour Ozone Maintenance Areas to Constitution: Now, therefore, be it reducing the copayments or coinsurance Remove the State II Vapor Recovery Pro- Resolved by the Assembly and the Senate of charged to Medicare beneficiaries for se- gram’’ (FRL No. 9914–49–Region 3) received the State of California, jointly, That the Legis- lected high-value prescription medications during adjournment of the Senate in the Of- lature of the State of California, speaking on and clinical services can increase their utili- fice of the President of the Senate on August behalf of the people of the State of Cali- zation and ultimately improve clinical out- 11, 2014; to the Committee on Environment fornia, hereby applies to the United States comes and lower health care expenditures; to and Public Works. Congress to call a constitutional convention the Committee on Finance. EC–6887. A communication from the Direc- pursuant to Article V of the United States By Mr. BLUMENTHAL (for himself, tor of the Regulatory Management Division, Constitution for the sole purpose of pro- Mr. SCHUMER, Mrs. GILLIBRAND, and Environmental Protection Agency, transmit- posing an amendment to the United States Mr. MURPHY): ting, pursuant to law, the report of a rule en- Constitution that would limit corporate titled ‘‘Approval and Promulgation of Air personhood for purposes of campaign finance S. 2784. A bill to direct the Secretary of Quality Implementation Plans; Virginia; Re- and political speech and would further de- Transportation to carry out activities to im- visions to the Definition of Volatile Organic clare that money does not constitute speech prove rail safety, and for other purposes; to Compounds’’ (FRL No. 9914–54–Region 3) re- and may be legislatively limited; and be it the Committee on Commerce, Science, and ceived during adjournment of the Senate in further Transportation. the Office of the President of the Senate on Resolved, That this constitutes a con- By Mr. BROWN (for himself and Mr. August 11, 2014; to the Committee on Envi- tinuing application to call a constitutional PORTMAN): ronment and Public Works. convention pursuant to Article V of the S. 2785. A bill to direct the Administrator EC–6888. A communication from the Direc- United States Constitution until at least of the Environmental Protection Agency to tor of the Regulatory Management Division, two-thirds of the legislatures of the several publish a health advisory and submit reports Environmental Protection Agency, transmit- states apply to the United States Congress with respect to microcystins in drinking ting, pursuant to law, the report of a rule en- to call a constitutional convention for the water; to the Committee on Environment titled ‘‘Approval and Promulgation of Air sole purpose of proposing an amendment to and Public Works. Quality Implementation Plans; Wisconsin; the United States Constitution that would By Mr. SCHUMER (for himself, Mr. Finding of Failure to Submit a PSD State limit corporate personhood for purposes of DURBIN, Mr. BROWN, Mr. COONS, Mr. Implementation Plan Revision for PM2.5’’ campaign finance and political speech and ROCKEFELLER, Ms. STABENOW, Mr. (FRL No. 9914–95–Region 5) received during would further declare that money does not CARDIN, Mr. REED, Mr. MENENDEZ, adjournment of the Senate in the Office of constitute speech and may be legislatively Mr. MARKEY, Mr. MERKLEY, Ms. the President of the Senate on August 11, limited; and be it further BALDWIN, Mr. LEVIN, and Ms. WAR- 2014; to the Committee on Environment and Resolved, That this application is for a lim- REN): Public Works. ited constitutional convention and does not EC–6889. A communication from the Direc- grant Congress the authority to call a con- S. 2786. A bill to amend the Internal Rev- tor of the Regulatory Management Division, stitutional convention for any purpose other enue Code of 1986 to prevent earnings strip- Environmental Protection Agency, transmit- than for the sole purpose set forth in this ping of domestic corporations which are ting, pursuant to law, the report of a rule en- resolution; and be it further members of a worldwide group of corpora- titled ‘‘Approval and Promulgation of Air Resolved, That the Chief Clerk of the As- tions which includes an inverted corporation Quality Implementation Plans; Virginia; Re- sembly transmit copies of this resolution to and to require agreements with respect to moval of Two Operating Permits and a Con- the President and Vice President of the certain related party transactions with those sent Agreement for the Potomac River Gen- United States, the Speaker of the House of members; to the Committee on Finance. erating Station from the State Implementa- Representatives, the Minority Leader of the By Ms. KLOBUCHAR (for herself and tion Plan’’ (FRL No. 9915–06–Region 3) re- House of Representatives, the Majority Mr. BLUNT): ceived during adjournment of the Senate in Leader of the United States Senate, the Mi- S. 2787. A bill to expand and clarify the the Office of the President of the Senate on nority Leader of the United States Senate, prohibition on inaccurate caller ID informa- August 11, 2014; to the Committee on Envi- and to each Senator and Representative from tion; to the Committee on Commerce, ronment and Public Works. California in the Congress of the United Science, and Transportation. f States. By Mr. KAINE (for himself, Mrs. PETITIONS AND MEMORIALS f BOXER, Mr. CASEY, and Mr. WARNER): S. 2788. A bill to provide support for the de- The following petition or memorial REPORTS OF COMMITTEES velopment of middle school career explo- was laid before the Senate and was re- The following reports of committees ration programs linked to career and tech- ferred or ordered to lie on the table as were submitted: nical education programs of study; to the indicated: By Mr. ROCKEFELLER, from the Com- Committee on Health, Education, Labor, and POM–320. A joint resolution adopted by the mittee on Commerce, Science, and Transpor- Pensions. Legislature of the State of California apply- tation, with an amendment in the nature of By Mr. HARKIN (for himself, Mr. ing to the United States Congress to call a a substitute: LEAHY, Mr. DURBIN, Mrs. MURRAY, convention of the states under Article V of S. 1275. A bill to direct the Secretary of Mr. WHITEHOUSE, Mr. REED, Mr. the United States Constitution for the sole Commerce to issue a fishing capacity reduc- JOHNSON of South Dakota, Mr. BEN- purpose of proposing an amendment to the tion loan to refinance the existing loan fund- NET, Mrs. SHAHEEN, Mr. CASEY, Mr. United States Constitution that would limit ing the Pacific Coast groundfish fishing ca- BLUMENTHAL, Ms. WARREN, and Mrs. corporate personhood for purposes of cam- pacity reduction program (Rept. No. 113–251). HAGAN): paign finance and political speech; to the By Mr. ROCKEFELLER, from the Com- S. 2789. A bill to amend part B of the Indi- Committee on the Judiciary. mittee on Commerce, Science, and Transpor- viduals with Disabilities Education Act to ASSEMBLY JOINT RESOLUTION NO. 1 tation, without amendment: provide full Federal funding of such part; to Whereas, Corporations are legal entities H.R. 2052. A bill to direct the Secretary of the Committee on Finance. that governments create and the rights that Commerce, in coordination with the heads of By Mr. HARKIN (for himself and Ms. other relevant Federal departments and they enjoy under the United States Constitu- MIKULSKI): tion should be more narrowly defined than agencies, to conduct an interagency review of and report to Congress on ways to increase S. 2790. A bill to amend the Individuals the rights afforded to natural persons; and with Disabilities Education Act to permit a Whereas, Corporations do not vote in elec- the global competitiveness of the United prevailing party in an action or proceeding tions and should not be categorized as per- States in attracting foreign direct invest- brought to enforce the Act to be awarded ex- sons for purposes related to elections for ment (Rept. No. 113–252). pert witness fees and certain other expenses; public office and ballot measures; and f to the Committee on Health, Education, Whereas, The United States Supreme Labor, and Pensions. Court, in Citizens United v. Federal Election INTRODUCTION OF BILLS AND By Mrs. SHAHEEN (for herself and Mr. Commission (2010) 130 S.Ct. 876, held that the JOINT RESOLUTIONS PORTMAN): government may not, under the First The following bills and joint resolu- S. 2791. A bill to amend the Energy Policy Amendment to the United States Constitu- tions were introduced, read the first tion, suppress political speech on the basis of and Conservation Act to permit exemptions the speaker’s corporate identity; and and second times by unanimous con- for external power supplies from certain effi- Whereas, Article V of the United States sent, and referred as indicated: ciency standards, and for other purposes; to Constitution requires the United States Con- By Mr. THUNE (for himself and Ms. the Committee on Energy and Natural Re- gress to call a constitutional convention STABENOW): sources.

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.027 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5508 CONGRESSIONAL RECORD — SENATE September 10, 2014 SUBMISSION OF CONCURRENT AND S. 1463 ness Act to provide authority for sole SENATE RESOLUTIONS At the request of Mrs. BOXER, the source contracts for certain small busi- The following concurrent resolutions names of the Senator from New York ness concerns owned and controlled by and Senate resolutions were read, and (Mrs. GILLIBRAND) and the Senator women, and for other purposes. referred (or acted upon), as indicated: from Oregon (Mr. MERKLEY) were added S. 2543 as cosponsors of S. 1463, a bill to amend By Mr. CARDIN (for himself and Mr. At the request of Mrs. SHAHEEN, the MCCAIN): the Lacey Act Amendments of 1981 to name of the Senator from New Mexico S. Res. 540. A resolution recognizing Sep- prohibit importation, exportation, (Mr. HEINRICH) was added as a cospon- tember 15, 2014, as the International Day of transportation, sale, receipt, acquisi- sor of S. 2543, a bill to support after- Democracy, affirming the role of civil soci- tion, and purchase in interstate or for- school and out-of-school-time science, ety as a cornerstone of democracy, and en- eign commerce, or in a manner sub- technology, engineering, and mathe- couraging all governments to stand with stantially affecting interstate or for- matics programs, and for other pur- civil society in the face of mounting restric- eign commerce, of any live animal of poses. tions on civil society organizations; to the any prohibited wildlife species. Committee on Foreign Relations. S. 2546 By Mr. COONS (for himself, Mr. FLAKE, S. 1535 At the request of Mr. ISAKSON, the Mr. MENENDEZ, and Mr. DURBIN): At the request of Mr. SCHUMER, the name of the Senator from Georgia (Mr. S. Res. 541. A resolution recognizing the se- names of the Senator from Texas (Mr. CHAMBLISS) was added as a cosponsor of vere threat that the Ebola outbreak in West CRUZ), the Senator from Iowa (Mr. S. 2546, a bill to repeal a requirement Africa poses to populations, governments, GRASSLEY) and the Senator from Min- that new employees of certain employ- and economies across Africa and, if not prop- nesota (Mr. FRANKEN) were added as co- erly contained, to regions across the globe, ers be automatically enrolled in the and expressing support for those affected by sponsors of S. 1535, a bill to deter ter- employer’s health benefits. this epidemic; to the Committee on Foreign rorism, provide justice for victims, and S. 2621 Relations. for other purposes. At the request of Mr. VITTER, the f S. 1690 name of the Senator from Michigan At the request of Mr. LEAHY, the (Ms. STABENOW) was added as a cospon- ADDITIONAL COSPONSORS names of the Senator from Maine (Ms. sor of S. 2621, a bill to amend the Mi- S. 132 COLLINS) and the Senator from Hawaii gratory Bird Hunting and Conservation At the request of Mr. CARPER, the (Ms. HIRONO) were added as cosponsors Stamp Act to increase the price of Mi- name of the Senator from Michigan of S. 1690, a bill to reauthorize the Sec- gratory Bird Hunting and Conservation (Mr. LEVIN) was added as a cosponsor of ond Chance Act of 2007. Stamps to fund the acquisition of con- S. 132, a bill to provide for the admis- S. 1945 servation easements for migratory sion of the State of New Columbia into At the request of Mr. LEAHY, the birds, and for other purposes. the Union. names of the Senator from Michigan S. 2646 S. 641 (Mr. LEVIN) and the Senator from Ohio At the request of Mr. LEAHY, the At the request of Mr. WYDEN, the (Mr. BROWN) were added as cosponsors name of the Senator from Minnesota name of the Senator from Michigan of S. 1945, a bill to amend the Voting (Mr. FRANKEN) was added as a cospon- (Ms. STABENOW) was added as a cospon- Rights Act of 1965 to revise the criteria sor of S. 2646, a bill to reauthorize the sor of S. 641, a bill to amend the Public for determining which States and polit- Runaway and Homeless Youth Act, and Health Service Act to increase the ical subdivisions are subject to section for other purposes. number of permanent faculty in pallia- 4 of the Act, and for other purposes. S. 2687 tive care at accredited allopathic and S. 1955 At the request of Mrs. SHAHEEN, the osteopathic medical schools, nursing At the request of Mr. ENZI, the name names of the Senator from Colorado schools, and other programs, to pro- of the Senator from Idaho (Mr. CRAPO) (Mr. BENNET) and the Senator from mote education in palliative care and was added as a cosponsor of S. 1955, a New Mexico (Mr. HEINRICH) were added hospice, and to support the develop- bill to protect the right of law-abiding as cosponsors of S. 2687, a bill to amend ment of faculty careers in academic citizens to transport knives interstate, title 10, United States Code, to ensure palliative medicine. notwithstanding a patchwork of local that women members of the Armed S. 933 and State prohibitions. Forces and their families have access At the request of Mr. LEAHY, the S. 2199 to the contraception they need in order name of the Senator from Virginia (Mr. At the request of Ms. MIKULSKI, the to promote the health and readiness of WARNER) was added as a cosponsor of S. names of the Senator from New Jersey all members of the Armed Forces, and 933, a bill to amend title I of the Omni- (Mr. BOOKER), the Senator from New for other purposes. bus Crime Control and Safe Streets Act Jersey (Mr. MENENDEZ) and the Sen- S. 2689 of 1968 to extend the authorization of ator from Nevada (Mr. REID) were At the request of Ms. COLLINS, the the Bulletproof Vest Partnership Grant added as cosponsors of S. 2199, a bill to names of the Senator from Oklahoma Program through fiscal year 2018. amend the Fair Labor Standards Act of (Mr. INHOFE), the Senator from Lou- S. 1011 1938 to provide more effective remedies isiana (Mr. VITTER), the Senator from At the request of Mr. JOHANNS, the to victims of discrimination in the New Mexico (Mr. HEINRICH) and the name of the Senator from Massachu- payment of wages on the basis of sex, Senator from Mississippi (Mr. COCH- setts (Ms. WARREN) was added as a co- and for other purposes. RAN) were added as cosponsors of S. sponsor of S. 1011, a bill to require the S. 2258 2689, a bill to amend title XVIII of the Secretary of the Treasury to mint At the request of Mr. MCCONNELL, his Social Security Act to specify coverage coins in commemoration of the centen- name was added as a cosponsor of S. of continuous glucose monitoring de- nial of Boys Town, and for other pur- 2258, a bill to provide for an increase, vices, and for other purposes. poses. effective December 1, 2014, in the rates S. 2707 S. 1249 of compensation for veterans with serv- At the request of Mr. MORAN, the At the request of Mr. BLUMENTHAL, ice-connected disabilities and the rates name of the Senator from Alaska (Mr. the name of the Senator from Mis- of dependency and indemnity com- BEGICH) was added as a cosponsor of S. sissippi (Mr. WICKER) was added as a pensation for the survivors of certain 2707, a bill to provide for coordination cosponsor of S. 1249, a bill to rename disabled veterans, and for other pur- between the TRICARE program and the Office to Monitor and Combat Traf- poses. eligibility for making contributions to ficking of the Department of State the S. 2481 a health savings account. Bureau to Monitor and Combat Traf- At the request of Mrs. SHAHEEN, the S. 2758 ficking in Persons and to provide for an name of the Senator from Ohio (Mr. At the request of Mr. TESTER, the Assistant Secretary to head such Bu- BROWN) was added as a cosponsor of S. name of the Senator from Delaware reau, and for other purposes. 2481, a bill to amend the Small Busi- (Mr. COONS) was added as a cosponsor

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.031 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5509 of S. 2758, a bill to authorize the Sec- Studies have found that middle vide high-quality educational opportu- retary of the Air Force to modernize C– school students greatly benefit from nities and serve the needs of students 130 aircraft using alternative commu- career and technical education devel- with disabilities in our classrooms en- nication, navigation, surveillance, and opment programs that promote career tailed excess costs compared to others air traffic management program kits exploration skills, as well as increase students, which would have a signifi- and to ensure that such aircraft meet knowledge of career options and career cant financial impact on States and applicable regulations of the Federal pathways. Middle school is an impor- school districts. That is why Congress Aviation Administration. tant time for students to explore their committed to covering up to 40 percent S.J. RES. 41 own strengths, likes, and dislikes, and of the excess cost of educating students At the request of Mr. MURPHY, the career and technical education explo- with disabilities. However, we have names of the Senator from Ohio (Mr. ration programs are great tools to edu- failed to deliver on that promise, and BROWN) and the Senator from Massa- cate them about the type of course or the law has been consistently and chusetts (Mr. MARKEY) were added as training that goes into a career field grossly underfunded. cosponsors of S.J. Res. 41, a joint reso- that matches their interests. This is why I am pleased to introduce lution approving the location of a me- This is why I am pleased to introduce the IDEA Full Funding Act, which will morial to commemorate the more than the Middle School Technical Education allow us to make good on the full fed- 5,000 slaves and free Black persons who Program Act, which establishes a pilot eral commitment. Given the current fi- fought for independence in the Amer- program for middle schools to partner nancial difficulties that many state ican Revolution. with postsecondary institutions and and local governments are facing, this S. RES. 466 local businesses to develop and imple- legislation is more essential than ever At the request of Ms. AYOTTE, the ment career and technical exploration for ensuring that students with disabil- name of the Senator from Illinois (Mr. programs. This legislation will provide ities get the high-quality education KIRK) was added as a cosponsor of S. support for middle schools to create ca- and services they need in order to ful- Res. 466, a resolution designating the reer and technical education programs fill their potential. week of October 27 through November that will provide students with intro- Since enactment of IDEA, students 2, 2014, as ‘‘National Drug Take-Back ductory courses, hands-on learning, or with disabilities across the United Week’’, and designating October 2014 as afterschool programs. Career guidance States have made tremendous progress. ‘‘National Prescription Opioid and Her- and academic counseling is vital to en- Today, nearly 6.6 million students re- oin Abuse Awareness Month’’. suring that our students understand ceive special education services de- S. RES. 538 the educational requirements for high- signed to meet their individual needs. At the request of Mrs. SHAHEEN, the growth, in-demand career fields. Many Ninety-five percent of students with name of the Senator from Delaware times students receive this information disabilities attend a neighborhood (Mr. COONS) was added as a cosponsor too late in their academic careers. school, and almost two-thirds of those of S. Res. 538, a resolution expressing We need to make middle school more students spend at least 80 percent of the condolences of the Senate to the career-relevant and expose students to their day in the regular school environ- families of James Foley and Steven the career pathways they may choose. ment. Nearly 350,000 infants and tod- Sotloff, and condemning the terrorist This legislation also requires that pro- dlers receive early intervention serv- acts of the Islamic State of Iraq and grams helps students draft a high ices. More than 6 out of 10 students the Levant. school graduation plan that dem- with disabilities graduate high school f onstrates what courses would prepare with a regular diploma—twice the per- them for a given career field. If we give centage of 25 years ago. Moreover, ap- STATEMENTS ON INTRODUCED students at a younger age applied ca- proximately half of students with dis- BILLS AND JOINT RESOLUTIONS reer and technical opportunities, they abilities enroll in postsecondary edu- By Mr. KAINE (for himself, Mrs. will be more informed about future cation. We must do our best to con- BOXER, Mr. CASEY, and Mr. paths and what they need to do to pur- tinue this progress and make good on WARNER): sue them. I hope this bill spurs discus- our 39-year-old promise because there S. 2788. A bill to provide support for sion on how vital middle school is for is still a long way to go. For instance, the development of middle school ca- exposing students to career choices. students with disabilities who graduate reer exploration programs linked to ca- from high school have an employment reer and technical education programs By Mr. HARKIN (for himself, Mr. rate that is less than half the employ- of study; to the Committee on Health, LEAHY, Mr. DURBIN, Mrs. MUR- ment rate of the general population. Education, Labor, and Pensions. RAY, Mr. WHITEHOUSE, Mr. Today, the Federal Government pro- Mr. KAINE. Mr. President, the key to REED, Mr. JOHNSON of South vides about 16 percent of the additional America’s continued success lies in im- Dakota, Mr. BENNET, Mrs. SHA- cost of educating a student with a dis- proving our Nation’s educational sys- HEEN, Mr. CASEY, Mr. ability, less than half the 40 percent tem to meet the demands of the 21st BLUMENTHAL, Ms. WARREN, and that Congress committed to when we century job market. Today, many stu- Mrs. HAGAN): passed IDEA. In the current fiscal year, dents enter high school and college S. 2789. A bill to amend part B of the this means Federal funding for IDEA is with little knowledge of the careers Individuals with Disabilities Education almost $24 billion short, which forces available to them outside of tradi- Act to provide full Federal funding of states and school districts to make up tional pathways. With college costs such part; to the Committee on Fi- the federal shortfall at a time when continuing to rise, it is critical that nance. they are cash strapped. students have exposure to the wide Mr. HARKIN. Mr. President, through- The IDEA Full Funding Act will fully range of available work and career out my career in public service I have fund the federal commitment to IDEA choices early in their academic careers focused on ensuring that each and by gradually increasing the federal so that, by the time they enter high every child with a disability is ensured government’s share of the excess costs school, they are more informed about the right to a good education. To this of educating students with disabilities future paths and what they need to do end, I have fought tirelessly to safe- to its committed level over 10 years. to pursue them. guard the rights of children with dis- Specifically, this legislation will in- Career and technical education, CTE, abilities under the Individuals with crease the Federal dollars appropriated are a proven way to help students ex- Disabilities Education Act, IDEA, land- from $11.5 billion in fiscal year 2014 to plore their own strengths and pref- mark legislation that has been improv- $35.6 billion in fiscal year 2023. erences, as well as how they match up ing the educational outcomes of mil- This bill is supported by 34 organiza- with potential future careers. However, lions of students across the nation tions including: ACCSES, the Associa- limited funding for middle school CTE since 1975 on the bedrock principles of tion of Assistive Technology Act Pro- programming often means students inclusion and equality. grams, the Autism National Com- have to wait until high school for this When Congress passed IDEA, we un- mittee, the Autism Society of Amer- exposure. derstood that our commitment to pro- ica, the Council of Parent Attorneys

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.033 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5510 CONGRESSIONAL RECORD — SENATE September 10, 2014 and Advocates, the Collaboration to background or ability, have access to these fees because Congress made its Promote Self-Determination, the Con- an education that gives them the op- intention explicit in the Conference ference of Educational Administrators portunity to live a successful and ful- Report rather than in statute. As a re- of Schools and Programs for the Deaf, filling life has always been a major sult, many parents are discouraged and the Disability Rights Education and focus of my career in public service. To even prevented from pursuing meri- achieve this goal, I have fought hard Defense Fund, the Epilepsy Founda- torious cases to secure the rights of tion, Easter Seals, the Kentucky Pro- for students with disabilities to have their children. Low- and middle-income tection and Advocacy Division, the access to the general education cur- Jonathan Foundation for Children with riculum and the services and supports families are particularly put at a dis- Learning Disabilities, the National As- they need to succeed, and to safeguard advantage by this ruling. sociation of School Psychologists, the their rights under the Individuals with The IDEA Fairness Restoration Act National Association of State Direc- Disabilities Education Act, IDEA. That clarifies Congress’ express intent that tors of Special Education, the National is why I am pleased to reintroduce the parents should recover expert witness IDEA Fairness Restoration Act. This Center for Learning Disabilities, the fees, as they currently can do with at- critical legislation will remove the fi- National Center for Special Education torneys’ fees, if they prove that the in Charter Schools, the National Down nancial barrier that families, espe- school system has wrongfully denied Syndrome Congress, the National cially low- and middle-income families, Down Syndrome Society, the National face when they pursue their children’s their child an appropriate education as Disability Rights Network, Perkins rights to the free, appropriate public defined by IDEA. By including ‘‘reason- School for the Blind, TASH, the School education they deserve and are entitled able expenses and fees of expert wit- Superintendents Association, the to under the Fourteenth Amendment. nesses and the reasonable costs of any American Federation of Teachers, the When Congress originally passed test or evaluation which is found to be American Speech Language Hearing IDEA, we recognized the vital impor- necessary for the preparation of the tance of parent and school collabora- Association, the Association of Edu- parent or guardian’s case’’ and reestab- tion in special education and required cational Service Agencies, the Council lishing the right of judges to award of Great City Schools, the Council for they jointly develop an Individualized Education Plan, IEP, to identify goals such fees to parents who prevail in Exceptional Children, the National As- IDEA cases, as Congress intended, this sociation of Elementary School Prin- to promote the academic achievement legislation will level the playing field cipals, the National Association of Sec- of students with disabilities. Usually, ondary School Principals, the National this partnership serves students well. and restore the ability of low- and mid- Association of State Directors of Spe- There are, however, times when par- dle-income parents to be effective ad- cial Education, the National Education ents believe schools have not fulfilled vocates for their children’s educational Association, the National School their responsibilities to provide an ap- needs. propriate education to their children. Boards Association, the National Rural This bill is supported by 18 advocacy Education Advocacy Coalition, and the In these cases, IDEA provides parents the right to challenge the schools organizations including: ACCSES, the National Rural Education Association. Autism National Committee, the Au- By making good on our 39-year-old through mediation and due process. tism Society of America, the Council promise, we will supply schools with The educational needs of children with the necessary funding to enhance the disabilities can be quite complex and of Parent Attorneys and Advocates, quality and range of services available when there is a disagreement between the Conference of Educational Admin- to students with disabilities. The fund- the family and the school it may be istrators of Schools and Programs for ing increase will help to raise salaries necessary for experts to lend their help the Deaf, Collaboration to Promote for teachers and related services per- in determining what interventions and Self-Determination, the Disability sonnel, thereby allowing districts to supports are best for the child. For Rights Education and Defense Fund, families asking for mediation or a due enhance recruitment and retention the Epilepsy Foundation, Easter Seals, process hearing, the use of expert serv- high-quality staff. It will support the Kentucky Protection and Advocacy school districts in increasing gradua- ices can be costly, ranging on average from $100 to $300 per hour. In one case, Division, the Jonathan Foundation for tion rates and postsecondary enroll- Children with Learning Disabilities, ment rates of students with disabil- a single mother whose son struggled Our Children Left Behind, the National ities. with dyslexia and written expression In these difficult times, it is essen- disorders had to borrow $1,400 to pay an Center for Learning Disabilities, the tial for Congress to provide these reve- independent evaluator to testify at a National Center for Special Education nues without increasing the deficit. hearing. She also had to pay for the ex- in Charter Schools, the National Down The IDEA Full Funding Act is fully pert’s time spent being cross-examined Syndrome Congress, the National paid for by increasing income taxes for by the school district for two days. Down Syndrome Society, the National those with an adjusted gross income Without access to expert witnesses, Disability Rights Network, and TASH. families may be unable to make an ar- greater than $1,000,000 per year. This This legislation is an essential step increase in funding for schools will gument for the educational needs of for protecting the rights of students have a powerful impact on the lives of their children. children with disabilities by improving When Congress amended IDEA in with disabilities and ensuring that all their educational and future employ- 1986, it recognized the financial bar- families, regardless of their financial ment outcomes. riers that parents face in pursuing due resources, can advocate for and protect I urge my colleagues on both sides of process to resolve disagreements with their children’s rights through due the aisle to support this long-overdue their school and specified in the Con- process, consistent with Congressional legislation. ference Committee Report that when intent and I urge my colleagues to sup- the court finds in favor of the parents port this legislation. By Mr. HARKIN (for himself and a judge could award attorney’s fees, in- Ms. MIKULSKI): cluding ‘‘reasonable expenses and fees S. 2790. A bill to amend the Individ- of expert witnesses and the reasonable uals with Disabilities Education Act to costs of any test or evaluation which is permit a prevailing party in an action found to be necessary for the prepara- or proceeding brought to enforce the tion of the parent or guardian’s case.’’ Act to be awarded expert witness fees For years, parents who prevailed in ju- and certain other expenses; to the dicial proceedings were awarded these Committee on Health, Education, fees, as Congress intended. But in 2006, Labor, and Pensions. the U.S. Supreme Court ruled in Ar- Mr. HARKIN. Mr. President: Ensur- lington Central School District v. Mur- ing that all students, regardless of phy that courts could no longer award

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.055 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5511 SUBMITTED RESOLUTIONS protecting the ability of CSOs to operate in and exercise their rights. We’ve seen a manner that is consistent with the rights pervasive restrictions on civil society to freedom of expression, association, and organizations enforced around the SENATE RESOLUTION 540—RECOG- opinion; globe. Russia, in its worst political NIZING SEPTEMBER 15, 2014, AS Whereas in September 2013, on the side- crackdown in post-Soviet history, has lines of the United Nations General Assem- THE INTERNATIONAL DAY OF stamped the label of ‘‘foreign agent’’ DEMOCRACY, AFFIRMING THE bly, the United States launched a coordi- nated multilateral effort encouraging coun- on any civil society organization that ROLE OF CIVIL SOCIETY AS A tries to stand with civil society and push receives support from other countries. CORNERSTONE OF DEMOCRACY, back against growing restrictions on CSOs; Ethiopia’s 2009 Charities and Societies AND ENCOURAGING ALL GOV- Whereas the United Nations Special Proclamation continues to hinder the ERNMENTS TO STAND WITH Rapporteur on the Rights to Freedom of work of human rights organizations CIVIL SOCIETY IN THE FACE OF Peaceful Assembly and of Association stands and other civil society groups that re- MOUNTING RESTRICTIONS ON on the front lines of civil society protection, ceive more than 10 percent of their CIVIL SOCIETY ORGANIZATIONS documenting extensive global threats to funding from foreign organizations. In civil society and strengthening international 2012, Sudanese security forces violently Mr. CARDIN (for himself and Mr. norms; and MCCAIN) submitted the following reso- Whereas the United States remains com- attacked civil society representatives lution; which was referred to the Com- mitted to its stand with civil society by de- who were protesting against govern- mittee on Foreign Relations: veloping new mechanisms to combat restric- ment restrictions. Egypt has pros- S. RES. 540 tions on civil society and bolster civil soci- ecuted over 40 international aid imple- Whereas in 2007, September 15 of each year ety’s efforts to support democracy around menters, sentencing them to prison for was established by the United Nations as the the world: Now, therefore, be it up to five years. In Laos, activist International Day of Democracy, a day set Resolved, That the Senate— Sombath Somphone—a leader who aside to review the state of democracy in the (1) supports the goals and ideals of the dedicated his career to expanding civic world; International Day of Democracy; space in Laos—has been missing for (2) recognizes the importance of civil soci- Whereas democracy is a means of govern- nearly two years after video footage ment that makes manifest the free exercise ety to the healthy development of nations; (3) celebrates the invaluable contributions documented his abduction at a police of certain inalienable rights, among them checkpoint. In 2013, government har- being the freedom of assembly, the freedom civil society has made to the creation, of association, the freedom of the press, and strength, and preservation of vibrant democ- assment in Sri Lanka forced the Ger- the freedom of speech; racies and democratic institutions; man Friedrich Ebert Stiftung Founda- Whereas democracy allows for (4) reaffirms the commitment of the tion to close its office. participatory governance, mobilizing citi- United States to the protection, advance- The developments that we see today zens to strive for their version of the good ment, health, and sustainability of democ- have several notable features. First, and instilling hope that the aspirations of racy throughout the world; the pushback against democracy is a the people may one day be realized; (5) condemns the use of restrictions, coer- global phenomenon and countries like cion, threats, or force to impede the activi- Whereas an analysis of 84 independent Russia have established antidemo- studies shows that democracy has a favor- ties of civil society organizations; (6) recognizes the important multilateral cratic practices that are being emu- able impact on the formation of human cap- lated elsewhere. Second, global demo- ital, the rate of inflation, the level of eco- work of the Community of Democracies, the nomic freedom, and the stability of political ‘‘Lifeline: Embattled Civil Society Organiza- cratic reversals are not merely tem- institutions; tions Fund’’, the Open Government Partner- porary aberrations but are likely to Whereas democracy promotes tolerance ship, and the United Nations Special pose challenges for years to come. Fi- and respect by recognizing the human dig- Rapporteur on the Rights to Freedom of nally, the global response has thus far nity of all people and is necessary to the full Peaceful Assembly and of Association to pro- been inadequate to meet these threats. realization of the values enshrined in the tect global civil society; Moreover, democratic achievements Universal Declaration of Human Rights; (7) recognizes the important role diplo- cannot be taken for granted. A few Whereas the Organisation for Economic macy plays in defending global civil society and creating new openings for civic space; days ago, Hungary’s National Inves- Co-operation and Development (OECD) de- tigative Office raided the offices of two fines ‘‘civil society’’ as associations around (8) emphasizes the value of programs of the which society voluntarily organizes itself United States Government in protecting organizations which help distribute and which represent a wide range of interests civil society and defending civic space, in- civil society funds from the govern- and ties, including community-based organi- cluding the work by the Senior Advisor for ment of Norway. Thirteen NGOs are zations, indigenous peoples’ organizations, Civil Society and Emerging Democracies and currently under investigation in Buda- and non-government organizations (NGOs); the Bureau of Democracy, Human Rights, pest, including the Hungarian Civil Whereas a vibrant civil society is an essen- and Labor of the United States Department Liberties Union, HCLU, the local office tial element of democratic societies and of State, and the United States Agency for of Transparency International, and the plays a key role in providing transparency, International Development (USAID); (9) calls on private sector partners and Roma Media Centre. These raids signal ensuring the legitimacy of elections, advo- further deterioration of good govern- cating for marginalized groups, and making other governments to develop new tools and clear the will of the people; leverage existing technologies to support the ance, the rule of law, and human rights Whereas, since 2012, the International Cen- efforts of civil society; and in Hungary. ter for Not-for-Profit Law has identified 69 (10) encourages the people of the United I regret that the Hungarian govern- new restrictive measures in over 50 countries States and the world to observe the Inter- ment is pursuing practices at odds with hindering the ability of civil society organi- national Day of Democracy, September 15, the historic path to freedom Hungary zations (CSOs) to freely operate; 2014, with appropriate programs and activi- pursued 25 years ago when that country Whereas of the 98 countries for which data ties. opened the door for East German refu- is available, research presented in a 2013 arti- Mr. CARDIN. Mr. President, today I gees and courageously helped pave the cle for the Journal of Democracy explains rise to recognize the important role way for the end of communism. At a that 12 prohibit and 39 restrict foreign fund- civil society plays in the promotion of time when we need more democracy in ing of domestic NGOs; democracy as we observe International Whereas in 2000, the Community of Democ- Europe, not less, Hungary’s actions are racies was founded ‘‘to bring together gov- Day of Democracy this September 15. not only harmful for democracy in ernments, civil society, and the private sec- Twenty-five years ago, I stood in Ber- Hungary, they undermine efforts to tor in the pursuit of a common goal: sup- lin as the wall was coming down. I will build democratic institutions through- porting democratic rules and strengthening never forget that moment when the out the region. democratic norms and institutions around will of the people was finally recog- To call attention to widespread in- the world’’; nized. It’s true that we have seen ex- fringements upon civil society, I, as Whereas in 2011, the United States joined traordinary progress over the years. Chair of the U.S. Commission on Secu- other like-minded governments to establish But in too many parts of the globe, rity and Cooperation in Europe and a the ‘‘Lifeline: Embattled Civil Society Orga- basic rights continued to be denied to nizations Fund’’ to provide small grants to member of the Senate Foreign Rela- CSOs for immediate needs and to support those fighting for democratic ideals. tions Committee, introduced the Inter- short-term advocacy projects; Today, there is an unprecedented national Day of Democracy resolution. Whereas, through the Open Government global crackdown on civil society orga- This resolution urges the recognition Partnership, 63 countries have committed to nizations seeking to express their voice of the International Day of Democracy,

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.042 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5512 CONGRESSIONAL RECORD — SENATE September 10, 2014 affirms the role of civil society as a Whereas effective countermeasures for other multilateral organizations, and non- cornerstone of democracy, and encour- stemming the spread of Ebola, such as isola- governmental actors to launch the Global ages all governments to stand with tion, meticulous infection control practices, Health Security Agenda, a 5-year commit- civil society in the face of mounting case investigation, and contact tracing re- ment to prevent, detect, and effectively re- quire more trained personnel and resources spond to infectious disease threats such as restrictions on civil society organiza- than are currently available in West Africa; Ebola: Now, therefore, be it tions. Whereas, although Ebola can be contained Resolved, That the Senate— We cannot take success for granted; with good public health and burial practices, (1) recognizes the severe immediate threat every day we must work to protect it continues to spread due to a lack of accu- that Ebola poses to populations, govern- democratic progress. As we observe the rate public information, insufficient treat- ments, and economies in Africa; International Day of Democracy this ment facilities, limited local language ca- (2) recognizes that the limited capacity of September 15, the international com- pacities required for health education, and the initial outbreak countries of Guinea, Si- an unwillingness to allow those infected to erra Leone, and Liberia to combat the epi- munity must push back on these grave be isolated from family members; demic has been exhausted and the potential threats to civil society as well as pro- Whereas governments are collaborating threat to regions beyond Africa if this, the tect the efforts by these organizations closely with international donors and taking largest of all Ebola outbreaks, is not con- to build strong democratic institu- strong measures to contain the virus, includ- tained; tions. ing announcing states of emergency and es- (3) expresses support for those affected by I would like to thank my colleagues tablishing emergency response centers; this epidemic and affirms its sympathy for for joining me in support of the Inter- Whereas the limitations on transportation victims of Ebola and their families; and travel and closing of businesses have had national Day of Democracy. (4) supports the Governments of Guinea, a devastating economic impact throughout Liberia, Sierra Leone, Nigeria, Senegal, and f the region and may cause social instability the Democratic Republic of the Congo for and exacerbate the humanitarian crisis if their ongoing efforts to combat the Ebola SENATE RESOLUTION 541—RECOG- not properly managed and offset; virus in their countries and regionally; NIZING THE SEVERE THREAT Whereas the international community has (5) urges citizens of affected countries to THAT THE EBOLA OUTBREAK IN committed to support solutions to the cur- respect preventative guidelines provided by WEST AFRICA POSES TO POPU- rent limitations on air traffic and establish a their governments and medical professionals LATIONS, GOVERNMENTS, AND common operational platform to address from Africa and around the world in order to ECONOMIES ACROSS AFRICA acute problems associated with food secu- stem the outbreak; rity, protection, water, sanitation and hy- (6) supports the work of the Centers for AND, IF NOT PROPERLY CON- giene, primary and secondary health care, TAINED, TO REGIONS ACROSS Disease Control and Prevention, the United and education, as well as the longer-term re- States Agency for International Develop- THE GLOBE, AND EXPRESSING covery effort that will be needed in the face ment, the Department of Defense, the De- SUPPORT FOR THOSE AFFECTED of the complex social consequences of this partment of Health and Human Services, the BY THIS EPIDEMIC emergency; Department of State, the Forest Service, and Whereas the Governments of the Demo- Mr. COONS (for himself, Mr. FLAKE, other United States Government agencies cratic Republic of the Congo and Uganda providing technical, logistical, and material Mr. MENENDEZ, and Mr. DURBIN) sub- have sent experts familiar with such out- support to address the Ebola crisis in West mitted the following resolution; which breaks to Liberia to assist with the outbreak Africa; was referred to the Committee on For- response, and the Government of Ghana has (7) encourages deepened United States and eign Relations: agreed to serve as the international commu- international commitments to the global nity’s logistics and coordination center and S. RES. 541 Ebola response; is providing a vital corridor for supplies and (8) welcomes the delivery of assistance and Whereas Ebola hemorrhagic fever is an ex- personnel; increased engagement from donors such as tremely infectious virus that causes severe Whereas, after visiting affected commu- the Economic Community of West African illness with a fatality rate that can well ex- nities in West Africa, Centers for Disease States (ECOWAS) and the African Union, the ceed 50 percent; Control and Prevention Director Tom World Bank, the European Union, and the Whereas Ebola is spread through contact Frieden said on September 2, 2014, ‘‘There is Government of Canada; with blood, secretions, or other bodily fluids a window of opportunity to tamp this down, (9) expresses support for the promotion of of infected humans and animals and can have but that window is closing...we need action investments in global health in order to en- an incubation period of up to 21 days; now to scale up the response.’’; sure that governments can better prevent Whereas the Ebola virus first appeared in Whereas the United States Government the Democratic Republic of the Congo in 1976 has provided more than $101,400,000 in sup- and detect, contain, and eventually elimi- and has afflicted communities in Africa at port through the Centers for Disease Control nate outbreaks of disease while also pro- least 20 times since then; and Prevention, the United States Agency viding other essential health services; Whereas the current Ebola outbreak first for International Development, the World (10) supports the World Health Organiza- occurred in February 2014 in forested areas of Health Organization, and the United States tion’s Ebola Response Roadmap and a com- southeastern Guinea and subsequently Armed Forces since February 2014; mon operational platform in response to the spread to Liberia, Sierra Leone, Nigeria, and Whereas the United States Government crisis; Senegal, and the Democratic Republic of the helped to fund the development of the Zmapp (11) encourages the Governments of Guin- Congo recently discovered the outbreak of a biopharmaceutical experimental drug that ea, Liberia, Nigeria, Senegal, and Sierra separate strain of the virus; was given to 2 United States health workers Leone to work together and with other na- Whereas this is the first outbreak of Ebola afflicted with the virus and was recently do- tions and regional and subregional organiza- in West Africa and the biggest and most nated to 3 Liberian doctors with encouraging tions to establish institutional emergency complex to date, due to its emergence in effect and has prompted calls for further re- response systems to more effectively respond populated, transient border areas, making search and development of such vaccines; to this and future outbreaks of Ebola and containment a significant challenge; Whereas, on August 5, 2014, the United other highly infectious diseases; Whereas, to date, Ebola had infected more States Government deployed a multi-agency (12) welcomes proactive measures taken by than 3,600 people in West Africa and caused Disaster Assistance Response Team com- governments in West Africa to formulate na- almost 2,000 deaths; posed of staff from Federal agencies, includ- tional plans of action in response to the cri- Whereas the current Ebola outbreak has ing the United States Agency for Inter- sis; and occurred in countries with some of the weak- national Development, the Centers for Dis- (13) recognizes the work of thousands of Af- est health systems in the world facing severe ease Control and Prevention, the Depart- rican, United States, and international offi- shortages of healthcare workers, labora- ment of Defense, the Department of Health cials and volunteers on the ground in West tories essential for testing and diagnosis, and Human Services, and the Forest Service Africa, particularly healthcare workers, who clinics and hospitals required for treatment, to coordinate the United States Govern- are working diligently and at great risk to and medical supplies and protective gear, ment’s response efforts; help address this multidimensional crisis, such as latex gloves and face masks required Whereas the World Health Organization and encourages other healthcare workers to prevent contamination of health facili- published on August 28, 2014, a roadmap for and logisticians to volunteer. ties; scaled-up response that aims to stop the f Whereas these weak and inadequate virus in 6 to 9 months and calls for 750 inter- AMENDMENTS SUBMITTED AND healthcare facilities, a lack of health staff national and 12,000 local health workers to trained in Ebola response, and misconcep- contribute to the halt of the Ebola outbreak; PROPOSED tions about the virus have resulted in nu- and SA 3790. Mr. CRUZ submitted an amend- merous infections of health workers and pa- Whereas, earlier this year, the United ment intended to be proposed by him to the tients unable to receive appropriate response States Government joined with partner gov- joint resolution S.J. Res. 19, proposing an and care; ernments, the World Health Organization, amendment to the Constitution of the

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.038 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5513 United States relating to contributions and dom of speech, or of the press; or the right of SA 3796. Mr. REID proposed an expenditures intended to affect elections; the people peaceably to assemble, and to pe- amendment to amendment SA 3795 pro- tition the Government for a redress of griev- which was ordered to lie on the table. posed by Mr. REID to the joint resolu- SA 3791. Mr. REID proposed an amendment ances.’’. to the joint resolution S.J. Res. 19, supra. tion S.J. Res. 19, proposing an amend- SA 3792. Mr. REID proposed an amendment SA 3791. Mr. REID proposed an ment to the Constitution of the United to amendment SA 3791 proposed by Mr. REID amendment to the joint resolution S.J. States relating to contributions and to the joint resolution S.J. Res. 19, supra. Res. 19, proposing an amendment to expenditures intended to affect elec- SA 3793. Mr. REID proposed an amendment the Constitution of the United States tions; as follows: to the joint resolution S.J. Res. 19, supra. relating to contributions and expendi- In the amendment, strike ‘‘system’’ and in- SA 3794. Mr. REID proposed an amendment tures intended to affect elections; as to amendment SA 3793 proposed by Mr. REID sert ‘‘process’’. to the joint resolution S.J. Res. 19, supra. follows: SA 3795. Mr. REID proposed an amendment In Section 1, strike ‘‘and the electoral to the joint resolution S.J. Res. 19, supra. process’’ and insert ‘‘the electoral process SA 3797. Mr. REID proposed an SA 3796. Mr. REID proposed an amendment and to prevent corruption’’ amendment to amendment SA 3796 pro- to amendment SA 3795 proposed by Mr. REID posed by Mr. REID to the amendment Mr. REID proposed an to the joint resolution S.J. Res. 19, supra. SA 3792. SA 3795 proposed by Mr. REID to the SA 3797. Mr. REID proposed an amendment amendment to amendment SA 3791 pro- joint resolution S.J. Res. 19, proposing posed by Mr. REID to the joint resolu- to amendment SA 3796 proposed by Mr. REID an amendment to the Constitution of tion S.J. Res. 19, proposing an amend- to the amendment SA 3795 proposed by Mr. the United States relating to contribu- REID to the joint resolution S.J. Res. 19, ment to the Constitution of the United tions and expenditures intended to af- supra. States relating to contributions and fect elections; as follows: SA 3798. Mr. KAINE submitted an amend- expenditures intended to affect elec- ment intended to be proposed by him to the tions; as follows: At the end, add the following: bill S. 2410, to authorize appropriations for fiscal year 2015 for military activities of the At the end, insert the following: ‘‘, which shall not be constrained to brib- ‘‘, which shall not be limited to bribery or Department of Defense, for military con- ery or quid pro quo corruption’’ quid pro quo corruption’’ struction, and for defense activities of the Department of Energy, to prescribe military SA 3793. Mr. REID proposed an SA 3798. Mr. KAINE submitted an personnel strengths for such fiscal year, and amendment to the joint resolution S.J. for other purposes; which was ordered to lie amendment intended to be proposed by on the table. Res. 19, proposing an amendment to him to the bill S. 2410, to authorize ap- SA 3799. Mr. ALEXANDER submitted an the Constitution of the United States propriations for fiscal year 2015 for amendment intended to be proposed by him relating to contributions and expendi- military activities of the Department to the bill S. 2199, to amend the Fair Labor tures intended to affect elections; as of Defense, for military construction, Standards Act of 1938 to provide more effec- follows: and for defense activities of the De- tive remedies to victims of discrimination in In Section 1, strike ‘‘electoral processes’’ partment of Energy, to prescribe mili- the payment of wages on the basis of sex, and and insert ‘‘the electoral processes and to tary personnel strengths for such fiscal for other purposes; which was ordered to lie prevent corruption in government’’ on the table. year, and for other purposes; which was Mr. REID proposed an ordered to lie on the table; as follows: TEXT OF AMENDMENTS SA 3794. amendment to amendment SA 3793 pro- At the end of subtitle B of title XXVI, add SA 3790. Mr. CRUZ submitted an posed by Mr. REID to the joint resolu- the following: amendment intended to be proposed by tion S.J. Res. 19, proposing an amend- him to the joint resolution S.J. Res. 19, SEC. 2614. EXTENSION OF AUTHORIZATION OF ment to the Constitution of the United CERTAIN FISCAL YEAR 2011 proposing an amendment to the Con- States relating to contributions and PROJECT. stitution of the United States relating expenditures intended to affect elec- to contributions and expenditures in- (a) EXTENSION.—Notwithstanding section tions; as follows: 2002 of the Military Construction Act for Fis- tended to affect elections; which was At the end, insert the following: cal Year 2011 (division B of Public Law 111– ordered to lie on the table; as follows: ‘‘, which shall not be defined solely as brib- 383; 124 Stat. 4436), the authorization set Strike all after the resolving clause and in- ery or quid pro quo corruption’’ forth in the table in subsection (b), as pro- sert the following: vided in section 2602 of that Act (124 Stat. That the following article is proposed as an SA 3795. Mr. REID proposed an 4453), and extended by section 2612 of the amendment to the Constitution of the amendment to the joint resolution S.J. Military Construction Authorization Act for United States, which shall be valid to all in- Res. 19, proposing an amendment to Fiscal Year 2014 (division B of Public Law tents and purposes as part of the Constitu- the Constitution of the United States 113–66; 127 Stat. 1003), shall remain in effect tion when ratified by the legislatures of relating to contributions and expendi- until October 1, 2015, or the date of the en- three-fourths of the several States: tures intended to affect elections; as actment of an Act authorizing funds for mili- ‘‘ARTICLE— follows: tary construction for fiscal year 2016, which- ‘‘Congress shall make no law respecting an In Section 1, strike ‘‘and electoral proc- ever is later. establishment of religion, or prohibiting the esses’’ and insert ‘‘process and prevent cor- (b) TABLE.—The table referred to in sub- free exercise thereof; or abridging the free- ruption in the electoral system’’ section (a) is as follows: Extension of 2011 National Guard and Reserve Project Authorization

State Installation or Location Project Amount

Virginia ...... Fort Story ...... Army Reserve Center ...... $11,000,000

SA 3799. Mr. ALEXANDER submitted (1) by redesignating paragraphs (2) through AUTHORITY FOR COMMITTEES TO an amendment intended to be proposed (4) as paragraphs (3) through (5), respec- MEET by him to the bill S. 2199, to amend the tively; and (2) by inserting after paragraph (1) the fol- COMMITTEE ON AGRICULTURE, NUTRITION, AND Fair Labor Standards Act of 1938 to FORESTRY provide more effective remedies to vic- lowing: Mr. WARNER. Mr. President, I ask tims of discrimination in the payment ‘‘(2) Notwithstanding the other provisions unanimous consent that the Com- of wages on the basis of sex, and for of this subsection, an employee and an em- mittee on Agriculture, Nutrition, and other purposes; which was ordered to ployer may voluntarily negotiate compensa- Forestry, be authorized to meet during lie on the table; as follows: tion and benefits to provide flexibility to best meet the needs of such employee and the session of the Senate on September After section 3, add the following: employer, consistent with the other provi- 10, 2014, at 10 a.m., in room SR–328A of SEC. 3A. FLEXIBILITY FOR WORKING PARENTS. sions of this Act.’’. the Russell Senate Office Building. Section 6(d) of the Fair Labor Standards The PRESIDING OFFICER. Without Act of 1938 (29 U.S.C. 206(d)) is amended— objection, it is so ordered.

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.041 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5514 CONGRESSIONAL RECORD — SENATE September 10, 2014 COMMITTEE ON COMMERCE, SCIENCE, AND mittee, be granted floor privileges for upon the table, with no intervening ac- TRANSPORTATION the duration of the 113th Congress. tion or debate. Mr. WARNER. Mr. President, I ask This is a request on behalf of Senator The PRESIDING OFFICER. Without unanimous consent that the Com- LEAHY. objection, it is so ordered. mittee on Commerce, Science, and The PRESIDING OFFICER. Without The bill (S. 2323) was ordered to be Transportation be authorized to meet objection, it is so ordered. engrossed for a third reading, was read during the session of the Senate on f the third time, and passed, as follows: September 10, 2014, at 2:30 p.m. in room S. 2323 SR–253 of the Russell Senate Office EMERGENCY MEDICAL SERVICES Be it enacted by the Senate and House of Rep- Building, to conduct a hearing entitled, FOR CHILDREN REAUTHORIZA- resentatives of the United States of America in ‘‘Freight Rail Service: Improving the TION ACT OF 2014 Congress assembled, Performance of America’s Rail Sys- Mr. REID. Mr. President, I ask unan- SECTION 1. SHORT TITLE. tem.’’ imous consent that the Senate proceed This Act may be cited as the ‘‘Gold Star The PRESIDING OFFICER. Without to the consideration of Calendar No. Fathers Act of 2014’’. objection, it is so ordered. 480, S. 2154. SEC. 2. PREFERENCE ELIGIBLE TREATMENT FOR FATHERS OF CERTAIN PERMA- COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The NENTLY DISABLED OR DECEASED Mr. WARNER. Mr. President, I ask clerk will report the bill by title. VETERANS. unanimous consent that the Com- The bill clerk read as follows: Section 2108(3) of title 5, United States mittee on Foreign Relations be author- A bill (S. 2154) to amend the Public Health Code, is amended by striking subparagraphs ized to meet during the session of the Service Act to reauthorize the Emergency (F) and (G) and inserting the following: Senate on September 10, 2014, at 10:30 Medical Services for Children Program. ‘‘(F) the parent of an individual who lost his or her life under honorable conditions a.m. There being no objection, the Senate while serving in the armed forces during a The PRESIDING OFFICER. Without proceeded to consider the bill, which period named by paragraph (1)(A) of this sec- objection, it is so ordered. had been reported from the Committee tion, if— COMMITTEE ON HOMELAND SECURITY AND on Health, Education, Labor, and Pen- ‘‘(i) the spouse of that parent is totally and GOVERNMENTAL AFFAIRS sions, with an amendment to strike all permanently disabled; or Mr. WARNER. Mr. President, I ask after the enacting clause and insert in ‘‘(ii) that parent, when preference is unanimous consent that the Com- lieu thereof the following: claimed, is unmarried or, if married, legally mittee on Homeland Security and Gov- separated from his or her spouse; SECTION 1. SHORT TITLE. ‘‘(G) the parent of a service-connected per- ernmental Affairs be authorize to meet This Act may be cited as the ‘‘Emergency manently and totally disabled veteran, if— during the session of the Senate on Medical Services for Children Reauthorization ‘‘(i) the spouse of that parent is totally and September 10, 2014, at 9:30 a.m. to con- Act of 2014’’. permanently disabled; or duct a hearing entitled ‘‘Cybersecurity, SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) that parent, when preference is Terrorism, and Beyond: Addressing Section 1910(d) of the Public Health Service claimed, is unmarried or, if married, legally Evolving Threats to the Homeland.’’ Act (42 U.S.C. 300w–9(d)) is amended— separated from his or her spouse; and’’. The PRESIDING OFFICER. Without (1) by striking ‘‘and $30,387,656’’ and inserting SEC. 3. EFFECTIVE DATE. objection, it is so ordered. ‘‘$30,387,656’’; and The amendment made by this Act shall (2) by inserting before the period ‘‘, and take effect 90 days after the date of enact- COMMITTEE ON INDIAN AFFAIRS $20,213,000 for each of fiscal years 2015 through ment of this Act. Mr. WARNER. Mr. President, I ask 2019’’. f unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- PRESIDENTIAL AND FEDERAL mittee on Indian Affairs be authorized imous consent that the committee-re- to meet during the session of the Sen- RECORDS ACT AMENDMENTS OF ported substitute amendment be agreed 2014 ate on September 10, 2014, in room SD– to, the bill, as amended, be read a third 628 of the Dirksen Senate Office Build- time and passed, and the motion to re- Mr. REID. Mr. President, I ask unan- ing, at 2:30 p.m., to conduct a hearing consider be considered made and laid imous consent that the Senate proceed entitled ‘‘Irrigation Projects in Indian upon the table, with no intervening ac- to the consideration of Calendar No. Country.’’ tion or debate. 487, H.R. 1233. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. objection, it is so ordered. clerk will report the bill by title. COMMITTEE ON RULES AND ADMINISTRATION The committee amendment in the The bill clerk read as follows: Mr. WARNER. Mr. President, I ask nature of a substitute was agreed to. A bill (H.R. 1233) to amend chapter 22 of unanimous consent that the Com- The bill (S. 2154), as amended, was or- title 44, United States Code, popularly mittee on Rules and Administration be dered to be engrossed for a third read- known as the Presidential Records Act, to establish procedures for the consideration of authorized to meet during the session ing, was read the third time, and of the Senate on September 10, 2014, at claims of constitutionally based privilege passed. against disclosure of Presidential records, 10 a.m., in room SR–301 of the Russell f and for other purposes. Senate Office Building. There being no objection, the Senate The PRESIDING OFFICER. Without GOLD STAR FATHERS ACT OF 2014 proceeded to consider the bill, which objection, it is so ordered. Mr. REID. Mr. President, I ask unan- had been reported from the Committee SPECIAL COMMITTEE ON AGING imous consent that the Senate proceed on Homeland Security and Govern- Mr. WARNER. Mr. President, I ask to the consideration of Calendar No. mental Affairs, with amendments; as unanimous consent that the Special 549, S. 2323. follows: Committee on Aging be authorized to The PRESIDING OFFICER. The (The parts of the bill intended to be meet during the session of the Senate clerk will report the bill by title. stricken are shown in boldface brack- on September 10, 2014, in room SD–562 The bill clerk read as follows: ets and the parts of the bill intended to of the Dirksen Senate Office Building A bill (S. 2323) to amend chapter 21 of title be inserted are shown in italics.) at 2:15 p.m., to conduct a hearing enti- 5, United States Code, to provide that fa- H.R. 1233 tled ‘‘Indebted for Life: Older Ameri- thers of certain permanently disabled or de- ceased veterans shall be included with moth- Be it enacted by the Senate and House of Rep- cans and Student Loan Debt.’’ resentatives of the United States of America in The PRESIDING OFFICER. Without ers of such veterans as preference eligibles for treatment in the civil service. Congress assembled, objection, it is so ordered. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. There being no objection, the Senate f (a) SHORT TITLE.—This Act may be cited as proceeded to consider the bill. PRIVILEGES OF THE FLOOR the ‘‘Presidential and Federal Records Act Mr. REID. Mr. President, I ask unan- Amendments of 2014’’. Mr. REID. Mr. President, I ask unan- imous consent that the bill be read a (b) TABLE OF CONTENTS.—The table of con- imous consent that Clinton Fuchs, a third time and passed, the motion to tents for this Act is as follows: detailee on the Senate Judiciary Com- reconsider be considered made and laid Sec. 1. Short title; table of contents.

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0655 E:\CR\FM\A10SE6.045 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5515 Sec. 2. Presidential records. the Committee on Homeland Security and (A) affect the requirement of section 2207 Sec. 3. National Archives and Records Ad- Governmental Affairs of the Senate of a of title 44, United States Code, that Vice ministration. privilege claim under paragraph (1) on the Presidential records shall be subject to chap- Sec. 4. Records management by Federal same day that the claim is asserted under ter 22 of that title in the same manner as agencies. such paragraph. Presidential records; or Sec. 5. Disposal of records. ‘‘(c)(1) If a claim of constitutionally based (B) affect any claim of constitutionally Sec. 6. Procedures to prevent unauthorized privilege against disclosure of a Presidential based privilege by a President or former removal of classified records record (or reasonably segregable part of a President with respect to a Vice Presidential from National Archives. record) is asserted under subsection (b) by a record. Sec. 7. Repeal of provisions related to the former President, the Archivist shall consult (b) DEFINITIONS.—Section 2201 of title 44, National Study Commission on with the incumbent President, as soon as United States Code, is amended— Records and Documents of Fed- practicable during the period specified in (1) in paragraph (1)— eral Officials. paragraph (2)(A), to determine whether the (A) by striking ‘‘memorandums’’ and in- Sec. 8. Pronoun amendments. incumbent President will uphold the claim serting ‘‘memoranda’’; Sec. 9. Records management by the Archi- asserted by the former President. (B) by striking ‘‘audio, audiovisual’’ and ‘‘(2)(A) Not later than the end of the 30-day vist. inserting ‘‘audio and visual records’’; and period beginning on the date øof¿ on which Sec. 10. Disclosure requirement for official (C) by inserting ‘‘, whether in analog, dig- the Archivist receives notification from a business conducted using non- ital, or any other form’’ after ‘‘mechanical former President of the assertion of a claim official electronic messaging recordations’’; and account. of constitutionally based privilege against disclosure, the Archivist shall provide notice (2) in paragraph (2), by striking ‘‘advise SEC. 2. PRESIDENTIAL RECORDS. to the former President and the public of the and assist’’ and inserting ‘‘advise or assist’’. (a) PROCEDURES FOR CONSIDERATION OF decision of the incumbent President under (c) MANAGEMENT AND CUSTODY OF PRESI- CLAIMS OF CONSTITUTIONALLY BASED PRIVI- paragraph (1) regarding the claim. DENTIAL RECORDS.—Section 2203 of title 44, LEGE AGAINST DISCLOSURE.— ‘‘(B) If the incumbent President upholds United States Code, is amended— (1) AMENDMENT.—Chapter 22 of title 44, the claim of privilege asserted by the former (1) in subsection (a), by striking ‘‘main- United States Code, is amended by adding at President, the Archivist shall not make the tained’’ and inserting ‘‘preserved and main- the end the following: Presidential record (or reasonably segregable tained’’; ‘‘§ 2208. Claims of constitutionally based part of a record) subject to the claim pub- (2) in subsection (b), by striking ‘‘advise privilege against disclosure licly available unless— and assist’’ and inserting ‘‘advise or assist’’; (3) by redesignating subsection (f) as sub- ‘‘(a)(1) When the Archivist determines ‘‘(i) the incumbent President withdraws section (g); under this chapter to make available to the the decision upholding the claim of privilege (4) by inserting after subsection (e) the fol- public any Presidential record that has not asserted by the former President; or lowing new subsection: previously been made available to the public, ‘‘(ii) the Archivist is otherwise directed by ‘‘(f) During a President’s term of office, the the Archivist shall— a final court order that is not subject to ap- Archivist may maintain and preserve Presi- ‘‘(A) promptly provide notice of such deter- peal. ‘‘(C) If the incumbent President deter- dential records on behalf of the President, mination to— mines not to uphold the claim of privilege including records in digital or electronic ‘‘(i) the former President during whose asserted by the former President, or fails to form. The President shall remain exclusively term of office the record was created; and make the determination under paragraph (1) responsible for custody, control, and access ‘‘(ii) the incumbent President; and before the end of the period specified in sub- to such Presidential records. The Archivist ‘‘(B) make the notice available to the pub- paragraph (A), the Archivist shall release the may not disclose any such records, except lic. Presidential record subject to the claim at under direction of the President, until the ‘‘(2) The notice under paragraph (1)— the end of the 90-day period beginning on the conclusion of a President’s term of office, if ‘‘(A) shall be in writing; and date on which the Archivist received notifi- a President serves consecutive terms upon ‘‘(B) shall include such information as may cation of the claim, unless otherwise di- the conclusion of the last term, or such be prescribed in regulations issued by the Ar- rected by a court order in an action initiated other period provided for under section 2204 chivist. by the former President under section 2204(e) of this title.’’; and ‘‘(3)(A) Upon the expiration of the 60-day of this title or by a court order in another (5) in subsection (g)(1), as so redesignated, period (excepting Saturdays, Sundays, and action in any Federal court. by striking ‘‘Act’’ and inserting ‘‘chapter’’. legal public holidays) beginning on the date ‘‘(d) The Archivist shall not make publicly (d) RESTRICTIONS ON ACCESS TO PRESI- the Archivist provides notice under para- available a Presidential record (or reason- DENTIAL RECORDS.—Section 2204 of title 44, graph (1)(A), the Archivist shall make avail- ably segregable part of a record) that is sub- United States Code, is amended by adding at able to the public the Presidential record ject to a privilege claim asserted by the in- the end the following new subsection: covered by the notice, except any record (or cumbent President unless— ‘‘(f) The Archivist shall not make available reasonably segregable part of a record) with ‘‘(1) the incumbent President withdraws any original Presidential records to any indi- respect to which the Archivist receives from the privilege claim; or vidual claiming access to any Presidential a former President or the incumbent Presi- ‘‘(2) the Archivist is otherwise directed by record as a designated representative under dent notification of a claim of constitu- a final court order that is not subject to ap- section 2205(3) of this title if that individual tionally based privilege against disclosure peal. has been convicted of a crime relating to the under subsection (b). ‘‘(e) The Archivist shall adjust any other- review, retention, removal, or destruction of ‘‘(B) A former President or the incumbent wise applicable time period under this sec- records of the Archives.’’. President may extend the period under sub- tion as necessary to comply with the return (e) DISCLOSURE REQUIREMENT FOR OFFICIAL paragraph (A) once for not more than 30 ad- date of any congressional subpoena, judicial BUSINESS CONDUCTED USING NON-OFFICIAL ditional days (excepting Saturdays, Sundays, subpoena, or judicial process.’’. ELECTRONIC MESSAGING ACCOUNT.— and legal public holidays) by filing with the (2) CONFORMING AMENDMENTS.—(A) Section (1) AMENDMENT.—Chapter 22 of title 44, Archivist a statement that such an exten- 2204(d) of title 44, United States Code, is United States Code, as amended by sub- sion is necessary to allow an adequate review amended by inserting ‘‘, except section 2208,’’ section (a)(1), is further amended by adding of the record. after ‘‘chapter’’. at the end the following new section: ‘‘(C) Notwithstanding subparagraphs (A) (B) Section 2205 of title 44, United States and (B), if the 60-day period under subpara- Code, is amended— ‘‘§ 2209. Disclosure requirement for official graph (A), or any extension of that period (i) in the matter preceding paragraph (1), business conducted using non-official elec- under subparagraph (B), would otherwise ex- by striking ‘‘section 2204’’ and inserting tronic messaging accounts pire during the 6-month period after the in- ‘‘sections 2204 and 2208 of this title’’; and ø‘‘(a) IN GENERAL.—An officer or employee cumbent President first takes office, then (ii) in paragraph (2)(A), by striking ‘‘sub- of an executive agency may not create or that 60-day period or extension, respectively, pena’’ and inserting ‘‘subpoena’’. send a Presidential record using a non-offi- shall expire at the end of that 6-month pe- (C) Section 2207 of title 44, United States cial electronic messaging account unless riod. Code, is amended in the second sentence by such officer or employee— ‘‘(b)(1) For purposes of this section, the de- inserting ‘‘, except section 2208,’’ after ‘‘(1) copies an official electronic messaging cision to assert any claim of constitutionally ‘‘chapter’’. account of the officer or employee in the based privilege against disclosure of a Presi- (3) CLERICAL AMENDMENT.—The table of original creation or transmission of the dential record (or reasonably segregable part sections at the beginning of chapter 22 of Presidential record; or of a record) must be made personally by a title 44, United States Code, is amended by ‘‘(2) forwards a complete copy of the Presi- former President or the incumbent Presi- adding at the end the following: dential record to an official electronic mes- dent, as applicable. ‘‘2208. Claims of constitutionally based privi- saging account of the officer or employee ‘‘(2) A former President or the incumbent lege against disclosure.’’. within five days after the original creation President shall notify the Archivist, the (4) RULE OF CONSTRUCTION.—Nothing in the or transmission of the Presidential record.¿ Committee on Oversight and Government amendment made by paragraph (2)(C) shall ‘‘(a) IN GENERAL.—The President, the Vice Reform of the House of Representatives, and be construed to— President, or a covered employee may not create

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or send a Presidential or Vice Presidential ing to the Archivist that such records must TIONS.—Section 2116(a) of title 44, United record using a non-official electronic message be retained in the custody of such agency for States Code, is amended by inserting ‘‘dig- account unless the President, Vice President, or use in the conduct of the regular business of ital,’’ after ‘‘microphotographic,’’, each covered employee— the agency; place it appears. ‘‘(1) copies an official electronic messaging ac- ‘‘(3) direct and effect, with the approval of SEC. 4. RECORDS MANAGEMENT BY FEDERAL count of the President, Vice President, or cov- the head of the originating Federal agency, AGENCIES. ered employee in the original creation or trans- or if the existence of the agency has been Section 3106 of title 44, United States Code, mission of the Presidential record or Vice Presi- terminated, with the approval of the head of is amended to read as follows: dential record; or that agency’s successor in function, if any, ‘‘§ 3106. Unlawful removal, destruction of ‘‘(2) forwards a complete copy of the Presi- the transfer of records, deposited or approved records dential or Vice Presidential record to an official for deposit with the National Archives of the electronic messaging account of the President, United States to public or educational insti- ‘‘(a) FEDERAL AGENCY NOTIFICATION.—The Vice President, or covered employee not later tutions or associations; title to the records head of each Federal agency shall notify the than 20 days after the original creation or to remain vested in the United States unless Archivist of any actual, impending, or transmission of the Presidential or Vice Presi- otherwise authorized by Congress; and threatened unlawful removal, defacing, al- dential record. ‘‘(4) transfer materials from private teration, corruption, deletion, erasure, or ‘‘(b) ADVERSE ACTIONS.—The intentional sources authorized to be received by the Ar- other destruction of records in the custody violation of subsection (a) by a covered em- chivist by section 2111 of this title. of the agency, and with the assistance of the ployee (including any rules, regulations, or ‘‘(b) EARLY TRANSFER OF RECORDS.—The Archivist shall initiate action through the other implementing guidelines), as deter- Archivist— Attorney General for the recovery of records mined by the appropriate supervisor, shall be ‘‘(1) in consultation with the head of the the head of the Federal agency knows or has a basis for disciplinary action in accordance originating Federal agency, is authorized to reason to believe have been unlawfully re- with subchapter I, II, or V of chapter 75 of accept a copy of the records described in sub- moved from that agency, or from another title 5, as the case may be. section (a)(2) that have been in existence for Federal agency whose records have been ‘‘(c) DEFINITIONS.—In this section: less than thirty years; and transferred to the legal custody of that Fed- ‘‘(1) COVERED EMPLOYEE.—The term ‘covered ‘‘(2) may not disclose any such records eral agency. employee’ means— until the expiration of— ‘‘(b) ARCHIVIST NOTIFICATION.—In any case ‘‘(A) the immediate staff of the President; ‘‘(A) the thirty-year period described in in which the head of a Federal agency does ‘‘(B) the immediate staff of the Vice President; paragraph (1); not initiate an action for such recovery or ‘‘(C) a unit or individual of the Executive Of- ‘‘(B) any longer period established by the other redress within a reasonable period of fice of the President whose function is to advise Archivist by order; or time after being notified of any such unlaw- and assist the President; and ‘‘(C) any shorter period agreed to by the ful action described in subsection (a), or is ‘‘(D) a unit or individual of the Office of the originating Federal agency.’’. participating in, or believed to be partici- Vice President whose function is to advise and (b) MATERIAL ACCEPTED FOR DEPOSIT.—Sec- pating in any such unlawful action, the Ar- assist the Vice President. tion 2111 of title 44, United States Code, is chivist shall request the Attorney General to ‘‘ø(1)¿(2) ELECTRONIC MESSAGES.—The term amended to read as follows: initiate such an action, and shall notify the ‘electronic messages’ means electronic mail ‘‘§ 2111. Material accepted for deposit Congress when such a request has been and other electronic messaging systems that made.’’. ‘‘(a) IN GENERAL.—When the Archivist con- are used for purposes of communicating be- siders it to be in the public interest the Ar- SEC. 5. DISPOSAL OF RECORDS. tween individuals. chivist may accept for deposit— (a) DEFINITION OF RECORDS.—Section 3301 of ‘‘ø(2)¿(3) ELECTRONIC MESSAGING ACCOUNT.— ‘‘(1) the papers and other historical mate- title 44, United States Code, is amended to The term ‘electronic messaging account’ rials of a President or former President of read as follows: means any account that sends electronic the United States, or other official or former ‘‘§ 3301. Definition of records messages. official of the Government, and other papers ø‘‘(3) EXECUTIVE AGENCY.—The term ‘execu- ‘‘(a) RECORDS DEFINED.— relating to and contemporary with a Presi- tive agency’ has the meaning given that ‘‘(1) IN GENERAL.—As used in this chapter, dent or former President of the United term in section 105 of title 5.’’.¿ the term ‘records’— States, subject to restrictions agreeable to (2) CLERICAL AMENDMENT.—The table of ‘‘(A) includes all recorded information, re- the Archivist as to their use; and sections at the beginning of chapter 22 of gardless of form or characteristics, made or ‘‘(2) recorded information (as such term is title 44, United States Code, as amended by received by a Federal agency under Federal defined in section 3301(a)(2) of this title) subsection (a)(3), is further amended by add- law or in connection with the transaction of from private sources that are appropriate for ing at the end the following new item: public business and preserved or appropriate preservation by the Government as evidence for preservation by that agency or its legiti- ‘‘2209. Disclosure requirement for official of its organization, functions, policies, deci- mate successor as evidence of the organiza- business conducted using non- sions, procedures, and transactions. tion, functions, policies, decisions, proce- official electronic messaging ‘‘(b) EXCEPTION.—This section shall not dures, operations, or other activities of the accounts.’’. apply in the case of any Presidential records United States Government or because of the SEC. 3. NATIONAL ARCHIVES AND RECORDS AD- which are subject to the provisions of chap- informational value of data in them; and MINISTRATION. ter 22 of this title.’’. ‘‘(B) does not include— (a) ACCEPTANCE OF RECORDS FOR HISTOR- (c) PRESERVATION OF AUDIO AND VISUAL ‘‘(i) library and museum material made or ICAL PRESERVATION.—Section 2107 of title 44, RECORDS.— acquired and preserved solely for reference United States Code, is amended to read as (1) IN GENERAL.—Section 2114 of title 44, or exhibition purposes; or follows: United States Code, is amended to read as ‘‘(ii) duplicate copies of records preserved follows: ‘‘§ 2107. Acceptance of records for historical only for convenience. preservation ‘‘§ 2114. Preservation of audio and visual ‘‘(2) RECORDED INFORMATION DEFINED.—For ‘‘(a) IN GENERAL.—When it appears to the records purposes of paragraph (1), the term ‘recorded Archivist to be in the public interest, the Ar- ‘‘The Archivist may make and preserve information’ includes all traditional forms of chivist may— audio and visual records, including motion- records, regardless of physical form or char- ‘‘(1) accept for deposit with the National picture films, still photographs, and sound acteristics, including information created, Archives of the United States the records of recordings, in analog, digital, or any other manipulated, communicated, or stored in a Federal agency, the Congress, the Archi- form, pertaining to and illustrative of the digital or electronic form. tect of the Capitol, or the Supreme Court de- historical development of the United States ‘‘(b) DETERMINATION OF DEFINITION.—The termined by the Archivist to have sufficient Government and its activities, and provide Archivist’s determination whether recorded historical or other value to warrant their for preparing, editing, titling, scoring, proc- information, regardless of whether it exists continued preservation by the United States essing, duplicating, reproducing, exhibiting, in physical, digital, or electronic form, is a Government; and releasing for non-profit educational pur- record as defined in subsection (a) shall be ‘‘(2) direct and effect the transfer of poses, motion-picture films, still photo- binding on all Federal agencies.’’. records of a Federal agency determined by graphs, and sound recordings in the Archi- (b) REGULATIONS COVERING LISTS OF the Archivist to have sufficient historical or vist’s custody.’’. RECORDS FOR DISPOSAL, PROCEDURE FOR DIS- other value to warrant their continued pres- (2) CLERICAL AMENDMENT.—The table of POSAL, AND STANDARDS FOR REPRODUCTION.— ervation by the United States Government sections at the beginning of chapter 21 of Section 3302(3) of title 44, United States to the National Archives of the United title 44, United States Code, is amended by Code, is amended by striking ‘‘photographic States, as soon as practicable, and at a time striking the item for section 2114 and insert- or microphotographic processes’’ and insert- mutually agreed upon by the Archivist and ing the following: ing ‘‘photographic, microphotographic, or the head of that Federal agency not later ‘‘2114. Preservation of audio and visual digital processes’’. than thirty years after such records were records.’’. (c) LISTS AND SCHEDULES OF RECORDS TO BE created or received by that agency, unless (d) LEGAL STATUS OF REPRODUCTIONS; OFFI- SUBMITTED TO THE ARCHIVIST BY HEAD OF the head of such agency has certified in writ- CIAL SEAL; FEES FOR COPIES AND REPRODUC- EACH GOVERNMENT AGENCY.—Section 3303(1)

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.016 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5517 of title 44, United States Code, is amended by section by an officer or employee of the (ii) by striking ‘‘he’’ and inserting ‘‘the Ar- striking ‘‘photographed or microphoto- United States Government. chivist’’; graphed’’ and inserting ‘‘photographed, (2) RECORDS.—The term ‘‘records’’ has the (B) in subsection (c), by striking ‘‘he’’ and microphotographed, or digitized’’. meaning given that term under section 3301 inserting ‘‘the Archivist’’; (d) EXAMINATION BY ARCHIVIST OF LISTS of title 44, United States Code. (C) in subsection (e), by striking ‘‘his’’ and AND SCHEDULES OF RECORDS LACKING PRESER- SEC. 7. REPEAL OF PROVISIONS RELATED TO inserting ‘‘the Archivist’s’’; and VATION VALUE; DISPOSAL OF RECORDS.—Sec- THE NATIONAL STUDY COMMISSION (D) in subsection (f), by striking ‘‘he’’ and tion 3303a(c) of title 44, United States Code, ON RECORDS AND DOCUMENTS OF inserting ‘‘the Archivist’’. FEDERAL OFFICIALS. is amended by striking ‘‘the Committee on SEC. 9. RECORDS MANAGEMENT BY THE ARCHI- Rules and Administration of the Senate and (a) IN GENERAL.—Sections 3315 through 3324 VIST. the Committee on House Oversight of the of title 44, United States Code, are repealed. (a) OBJECTIVES OF RECORDS MANAGEMENT.— LERICAL AMENDMENT.—The table of House of Representatives’’ and inserting (b) C Section 2902 of title 44, United States Code, sections at the beginning of chapter 33 of ‘‘the Committee on Oversight and Govern- is amended— title 44, United States Code, is amended by ment Reform of the House of Representa- (1) in paragraph (4), by striking ‘‘creation striking the items relating to sections 3315 tives and the Committee on Homeland Secu- and of records maintenance and use’’ and in- through 3324. rity and Governmental Affairs of the Sen- serting ‘‘creation, maintenance, transfer, ate’’. SEC. 8. PRONOUN AMENDMENTS. and use’’; Title 44, United States Code, is amended— (e) PHOTOGRAPHS OR MICROPHOTOGRAPHS OF (2) in paragraph (6), by inserting after (1) in section 2116(c), by striking ‘‘his’’ and RECORDS CONSIDERED AS ORIGINALS; CER- ‘‘Federal paperwork’’ the following: ‘‘and the inserting ‘‘the Archivist’s’’; TIFIED REPRODUCTIONS ADMISSIBLE IN EVI- transfer of records from Federal agencies to (2) in section 2201(2), by striking ‘‘his’’ and DENCE.—Section 3312 of title 44, United the National Archives of the United States inserting ‘‘the President’s’’, each place it ap- States Code, is amended— in digital or electronic form to the greatest pears; (1) in the first sentence, by striking ‘‘Pho- extent possible’’; and (3) in section 2203— tographs or microphotographs of records’’ (3) in paragraph (7), by striking ‘‘the Ad- (A) in subsection (a), by striking ‘‘his’’ and and inserting ‘‘Photographs, microphoto- ministrator or’’. inserting ‘‘the President’s’’; graphs of records, or digitized records’’; and (b) RECORDS CENTERS AND CENTRALIZED (B) in subsection (b), by striking ‘‘his’’ and (2) in the second sentence, by striking MICROFILMING SERVICES.— inserting ‘‘the President’s’’; ‘‘photographs or microphotographs’’ and in- (1) AMENDMENT.—Section 2907 of title 44, (C) in subsection (c)— serting ‘‘photographs, microphotographs, or United States Code, is amended— (i) in the matter preceding paragraph (1)— digitized records’’, each place it appears. (A) in the section heading by inserting ‘‘or (I) by striking ‘‘his’’ and inserting ‘‘the SEC. 6. PROCEDURES TO PREVENT UNAUTHOR- digitization’’ after ‘‘microfilming’’; and President’s’’; and IZED REMOVAL OF CLASSIFIED (B) by inserting ‘‘or digitization’’ after (II) by striking ‘‘those of his Presidential RECORDS FROM NATIONAL AR- ‘‘microfilming’’. CHIVES. records’’ and inserting ‘‘those Presidential (2) CONFORMING AMENDMENT.—The table of records of such President’’; and (a) CLASSIFIED RECORDS.—Not later than 90 sections at the beginning of chapter 29 of (ii) in paragraph (2), by striking ‘‘he’’ and days after the date of the enactment of this title 44, United States Code, is amended in inserting ‘‘the Archivist’’; Act, the Archivist shall prescribe internal the item relating to section 2907 by inserting (D) in subsection (d), by striking ‘‘he’’ and procedures to prevent the unauthorized re- ‘‘or digitization’’ after ‘‘microfilming’’. inserting ‘‘the Archivist’’; moval of classified records from the National (c) GENERAL RESPONSIBILITIES FOR RECORDS (E) in subsection (e), by striking ‘‘he’’ and Archives and Records Administration or the MANAGEMENT.—Section 2904 of title 44, destruction or damage of such records, in- inserting ‘‘the Archivist’’; and United States Code, is amended— cluding when such records are accessed or (F) in subsection (g), as so redesignated, by (1) in subsection (b), by striking ‘‘The Ad- searched electronically. Such procedures striking ‘‘he’’ and inserting ‘‘the Archivist’’; ministrator’’ and inserting ‘‘The Archivist’’; shall include, at a minimum, the following (4) in section 2204— (2) in subsection (c)— prohibitions: (A) in subsection (a)— (A) in the matter preceding paragraph (1)— (1) An individual, other than covered per- (i) in the matter preceding paragraph (1), (i) by striking ‘‘their’’ and inserting ‘‘the’’; sonnel, may not view classified records in by striking ‘‘his’’ and inserting ‘‘a Presi- (ii) by striking ‘‘subsection (a) or (b), re- any room that is not secure, except in the dent’s’’; and spectively’’ and inserting ‘‘subsections (a) presence of National Archives and Records (ii) in paragraph (5), by striking ‘‘his’’ and and (b)’’; Administration personnel or under video sur- inserting ‘‘the President’s’’; and (iii) by striking ‘‘and the Administrator’’; veillance. (B) in subsection (b)— and (2) An individual, other than covered per- (i) in paragraph (1)(B), by striking ‘‘his’’ (iv) by striking ‘‘each’’; and sonnel, may not be left alone with classified and inserting ‘‘the President’s’’; and (B) in paragraph (8), by striking ‘‘or the records, unless that individual is under video (ii) in paragraph (3)— Administrator (as the case may be)’’; and surveillance. (I) by striking ‘‘his’’ the first place it ap- (3) subsection (d) is amended to read as fol- (3) An individual, other than covered per- pears and inserting ‘‘the Archivist’s’’; and lows: sonnel, may not review classified records (II) by striking ‘‘his designee’’ and insert- ‘‘(d) The Archivist shall promulgate regu- while possessing any cellular phone, elec- ing ‘‘the Archivist’s designee’’; lations requiring all Federal agencies to tronic personal communication device, or (5) in section 2205— transfer all digital or electronic records to any other devices capable of photographing, (A) in paragraph (2)(B), by striking ‘‘his’’ the National Archives of the United States recording, or transferring images or content. and inserting ‘‘the incumbent President’s’’; in digital or electronic form to the greatest (4) An individual seeking access to review and extent possible.’’. classified records, as a precondition to such (B) in paragraph (3), by striking ‘‘his’’ and (d) INSPECTION OF AGENCY RECORDS.—Sec- access, must consent to a search of their be- inserting ‘‘the former President’s’’; tion 2906 of title 44, United States Code, is longings upon conclusion of their records re- (6) in section 2901(11), by striking ‘‘his’’ and amended— view. inserting ‘‘the Archivist’s’’; (1) in subsection (a)— (5) All notes and other writings prepared (7) in section 2904(c)(6), by striking ‘‘his’’ (A) in paragraph (1)— by an individual, other than covered per- and inserting ‘‘the Archivist’s’’; (i) by striking ‘‘their respective’’ and in- sonnel, during the course of a review of clas- (8) in section 2905(a)— serting ‘‘the’’; sified records shall be retained by the Na- (A) by striking ‘‘He’’ and inserting ‘‘The (ii) by striking ‘‘the Administrator of Gen- tional Archives and Records Administration Archivist’’; and eral Services and’’; in a secure facility until such notes and (B) by striking ‘‘his’’ and inserting ‘‘the (iii) by striking ‘‘designee of either’’ and other writings are determined to be unclassi- Archivist’s’’; inserting ‘‘the Archivist’s designee’’; fied, are declassified, or are securely trans- (9) in section 3103, by striking ‘‘he’’ and in- (iv) by striking ‘‘solely’’; and ferred to another secure facility. serting ‘‘the head of such agency’’; (v) by inserting after ‘‘for the improvement (b) DEFINITIONS.—In this section: (10) in section 3104— of records management practices and pro- (1) COVERED PERSONNEL.—The term ‘‘cov- (A) by striking ‘‘his’’ the first place it ap- grams’’ the following: ‘‘and for determining ered personnel’’ means any individual— pears and inserting ‘‘such official’s’’; and whether the records of Federal agencies have (A) who has an appropriate and necessary (B) by striking ‘‘him or his’’ and inserting sufficient value to warrant continued preser- reason for accessing classified records, as de- ‘‘such official or such official’s’’; vation or lack sufficient value to justify con- termined by the Archivist; and (11) in section 3105, by striking ‘‘he’’ and tinued preservation’’; (B) who is either— inserting ‘‘the head of such agency’’; (B) in paragraph (2)— (i) an officer or employee of the United (12) in section 3302(1), by striking ‘‘him’’ (i) by striking ‘‘the Administrator and’’; States Government with appropriate secu- and inserting ‘‘the Archivist’’; and and rity clearances; or (13) in section 3303a— (ii) by striking the second sentence; and (ii) any personnel with appropriate secu- (A) in subsection (a)— (C) in paragraph (3)— rity clearances of a Federal contractor au- (i) by striking ‘‘him’’ and inserting ‘‘the (i) in the matter preceding subparagraph thorized in writing to act for purposes of this Archivist’’, each place it appears; and (A)—

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.016 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5518 CONGRESSIONAL RECORD — SENATE September 10, 2014 (I) by striking ‘‘the Administrator or’’; and title 44, United States Code, is amended by Mr. REID. I ask unanimous consent (II) by striking ‘‘designee of either’’ and in- adding at the end the following new item: that the joint resolution be read three serting ‘‘Archivist’s designee’’; and ‘‘2911. Disclosure requirement for official times and passed, and the motion to re- (ii) in subparagraph (A), by striking ‘‘the business conducted using non- consider be considered made and laid Administrator, the Archivist,’’ and inserting official electronic messaging upon the table, with no intervening ac- ‘‘the Archivist’’; and accounts.’’. tion or debate. (2) in subsection (b)— Mr. REID. Mr. President, I ask unan- (A) by striking ‘‘the Administrator and’’; The PRESIDING OFFICER. Without and imous consent that the committee-re- objection, it is so ordered. (B) by striking ‘‘designee of either’’ and in- ported amendments be agreed to, the The joint resolution (H.J. Res. 120) serting ‘‘Archivist’s designee’’. bill, as amended, be read a third time was read the third time and passed. (e) REPORTS; CORRECTION OF VIOLATIONS.— and passed, and the motion to recon- Section 2115 of title 44, United States Code, sider be considered made and laid upon f is amended— the table, with no intervening action MEASURE READ THE FIRST (1) in subsection (a)— or debate. TIME—H.R. 5078 (A) by striking ‘‘their respective’’ and in- The PRESIDING OFFICER. Without serting ‘‘the’’; objection, it is so ordered. Mr. REID. Mr. President, I under- (B) by striking ‘‘and the Administrator’’; The committee amendments were stand there is a bill at the desk, and I and agreed to. ask for its first reading. (C) by striking ‘‘each’’; and The PRESIDING OFFICER. The (2) in subsection (b)— The amendments were ordered to be (A) by striking ‘‘either’’; engrossed and the bill to be read a clerk will read the bill by title for the (B) by striking ‘‘or the Administrator’’, third time. first time. each place it appears; and The bill was read the third time. The bill clerk read as follows: (C) by striking ‘‘inaugurated’’ and insert- The bill (H.R. 1233), as amended, was A bill (H.R. 5078) to preserve existing ing ‘‘demonstrably commenced’’. passed. rights and responsibilities with respect to (f) RECORDS MANAGEMENT BY THE ARCHI- f waters of the United States, and for other VIST.—. purposes. (1) AMENDMENT.—The heading for chapter NATIONAL DRUG TAKE-BACK Mr. REID. I now ask for a second 29 of title 44, United States Code, is amended WEEK by striking ‘‘ reading but, in order to place the bill AND BY THE ADMINISTRATOR Mr. REID. Mr. President, I ask unan- OF GENERAL SERVICES’’. on the calendar under the provisions of (2) CONFORMING AMENDMENT.—The table of imous consent that the Judiciary Com- rule XIV, I object to my own request. chapters at the beginning of title 44, United mittee be discharged from further con- The PRESIDING OFFICER. Objec- States Code, is amended in the item related sideration of S. Res. 466, and the Sen- tion having been heard, the bill will be to chapter 29 by striking ‘‘and by the Admin- ate now proceed to its consideration. read for the second time on the next istrator of General Services’’. The PRESIDING OFFICER. Without legislative day. (g) ESTABLISHMENT OF PROGRAM OF MAN- objection, it is so ordered. AGEMENT.—Section 3102(2) of title 44, United The clerk will report the resolution f States Code, is amended by striking ‘‘the Ad- by title. ministrator of General Services and’’. UNANIMOUS CONSENT AGREE- The bill clerk read as follows: MENT—EXECUTIVE CALENDAR SEC. 10. DISCLOSURE REQUIREMENT FOR OFFI- CIAL BUSINESS CONDUCTED USING A resolution (S. Res. 466) designating the week of October 27 through November 2, 2014, Mr. REID. Mr. President, I ask unan- NON-OFFICIAL ELECTRONIC MES- imous consent that notwithstanding SAGING ACCOUNT. as ‘‘National Drug Take-Back Week’’, and rule XXII, following the vote on the (a) AMENDMENT.—Chapter 29 of title 44, designating October 2014 as ‘‘National Pre- United States Code is amended by adding at scription Opioid and Heroin Abuse Aware- motion to invoke cloture on S.J. Res. the end the following new section: ness Month’’. 19, the Senate proceed to executive ses- ‘‘§ 2911. Disclosure requirement for official There being no objection, the Senate sion and consider Calendar Nos. 544, business conducted using non-official elec- proceeded to consider the resolution. 977, 685, 867, 976, 917, 914 and 758; that tronic messaging accounts Mr. REID. I ask unanimous consent there be 2 minutes for debate equally ‘‘(a) IN GENERAL.—An officer or employee that the resolution be agreed to, the divided between the two leaders or of an executive agency may not create or preamble be agreed to, and the motions their designees prior to each vote; that send a record using a non-official electronic to reconsider be laid upon the table. upon the use or yielding back of time messaging account unless such officer or em- The PRESIDING OFFICER. Without the Senate proceed to vote without in- ployee— objection, it is so ordered. tervening action or debate on the ‘‘(1) copies an official electronic messaging The resolution (S. Res. 466) was nominations in the order listed; that account of the officer or employee in the agreed to. original creation or transmission of the any rollcall votes, following the first in record; or (The resolution, with its preamble, is the series, be 10 minutes in length; that ‘‘(2) forwards a complete copy of the record printed in the RECORD of June 3, 2014, if any nomination is confirmed, the to an official electronic messaging account under ‘‘Submitted Resolutions.’’) motion to reconsider be considered of the officer or employee øwithin five days¿ f made and laid upon the table, without not later than 20 days after the original cre- any intervening action or debate; that ation or transmission of the record. APPROVING THE LOCATION OF AN AMERICAN REVOLUTION MEMO- no further motions be in order to the ‘‘(b) ADVERSE ACTIONS.—The intentional nomination; that any statements re- violation of subsection (a) (including any RIAL rules, regulations, or other implementing lated to the nomination be printed in Mr. REID. Mr. President, I ask unan- the RECORD; that President Obama be guidelines), as determined by the appro- imous consent that the Senate proceed priate supervisor, shall be a basis for dis- immediately notified of the Senate’s ciplinary action in accordance with sub- to the consideration of H.J. Res. 120, action and the Senate resume legisla- chapter I, II, or V of chapter 75 of title 5, as which was received from the House and tive session. the case may be. is at the desk. The PRESIDING OFFICER. Without ‘‘(c) DEFINITIONS.—In this section: The PRESIDING OFFICER. Without objection, it is so ordered. ‘‘(1) ELECTRONIC MESSAGES.—The term objection, it is so ordered. Mr. REID. For the information of ‘electronic messages’ means electronic mail The clerk will report the House joint Senators, we expect the nominations and other electronic messaging systems that resolution by title. are used for purposes of communicating be- The bill clerk read as follows: considered in this agreement to be con- firmed by voice vote. tween individuals. A joint resolution (H.J. Res. 120) approving LECTRONIC MESSAGING ACCOUNT.—The ‘‘(2) E the location of a memorial to commemorate f term ‘electronic messaging account’ means the more than 5,000 slaves and free Black any account that sends electronic messages. persons who fought for independence in the ORDERS FOR THURSDAY, ‘‘(3) EXECUTIVE AGENCY.—The term ‘execu- American Revolution. SEPTEMBER 11, 2014 tive agency’ has the meaning given that term in section 105 of title 5.’’. There being no objection, the Senate Mr. REID. I ask unanimous consent (b) CLERICAL AMENDMENT.—The table of proceeded to consider the joint resolu- that when the Senate completes its sections at the beginning of chapter 29 of tion. business today, it adjourn until 9:30

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.016 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5519 a.m. tomorrow, September, 11, 2014, work in the U.S. It doesn’t allow for anyway, no matter what the people that following the prayer and pledge, many other things they are suggesting think, no matter what Congress, the the morning hour be deemed expired, the President may plan to do by Execu- people’s House, votes on. the Journal of proceedings be approved tive order. Politico reports that ‘‘White House to date, and the time for the two lead- Tonight I would like to talk about officials conducted more than 20 meet- ers be reserved for their use later in the influence of special interests on our ings in July and August with legal ex- the day; that following the prayer and nation’s immigration laws and how it perts, immigration advocates and busi- pledge, there be a moment of silence to is creating unwise and unlawful poli- ness leaders to gather ideas on what pay tribute to the thousands of Ameri- cies. How did we get to the point where should be included in the order.’’ Now cans whose lives were taken on Sep- elected officials, activist groups, the that is a quote from Politico. Twenty tember 11, 2001; that following any ACLU, and global CEOs are openly meetings with legal experts, immigra- Leader remarks, the Senate resume working to deny American workers the tion advocates, and business leaders to consideration of the motion to proceed immigration protections to which they gather ideas on what should be in- to S. 2199 postcloture; that all time are legally entitled? cluded in the President’s order. So who during adjournment, recess or morning How did we get to the point where are these so-called expert advocates business count postcloture to the mo- the Democratic Party is prepared to and business leaders? They are not the tion to proceed to S. 2199; and finally nullify and wipe away the immigration law enforcement officers; they are not that the filing deadlines for first-de- laws of the United States of America? our ICE officers; they are not our Bor- der Patrol officers; they are not the gree amendments to S.J. Res. 19 be 12 And we are at that point, colleagues. American working man and woman; noon tomorrow, and second-degree Just yesterday Majority Leader REID they are not unemployed Americans. amendments be at 1 p.m. tomorrow wrote in a tweet something that was They weren’t in the room. You can be afternoon. shocking. He said: sure of that. Their opinions weren’t The PRESIDING OFFICER. Without Since House Republicans have failed to act sought. objection. on immigration, I know the President will. When he does, I hope he goes real big. No, White House officials are meet- f That is the majority leader of the ing with the world’s most powerful cor- porate immigration lobbyists and ac- PROGRAM Senate. He intends to do nothing in the Senate to stop the President’s actions. tivists who think Border Patrol is for Mr. REID. Mr. President, ultimately the little people. We know better. The we hope to move forward on the pay- But colleagues, we know better. This body is not run by one man. We don’t administration is meeting with the check fairness act and vote on cloture elite, the cosmopolitan set who scorn have a dictator in the great Senate. on the constitutional amendment early and mock the concerns of everyday Every Member has a vote. And the only tomorrow afternoon. Americans who are concerned about way Senator REID could do such a their schools, jobs, wages, commu- f thing to block this Senate from voting nities, and hospitals. These great and in a way that would stop the Presi- ORDER FOR ADJOURNMENT powerful citizens of the world, we dent’s Executive actions is to not sup- know, don’t care much about old fash- Mr. REID. Mr. President, if there is port him in his plan. ioned things like national boundaries, no further business to come before the Every Senator needs to stand up and national sovereignty, immigration con- Senate, I ask that it adjourn under the represent their constituents, not big trol, let alone the constitutional sepa- previous order following the remarks of business, not the ACLU, not activist ration of powers or even the consistent Senator SESSIONS, which will last for 30 groups, not political interests but the and even-handed enforcement of plain minutes. American interests, the workers’ inter- law, passed by the elected representa- The PRESIDING OFFICER. Without ests. That is what we need to expect tives of the American people in due objection, it is so ordered. from them, and we don’t have but a few fashion. The PRESIDING OFFICER. The Sen- weeks, it looks like, to get it done. ator from Alabama. Well, don’t you get it? They believe Let this sink in for a moment. The they are always supposed to get what- f majority leader of the Senate is brag- ever it is they want. They are used to ging that he knows the President will IMMIGRATION that. They spend hundreds of millions circumvent Congress to issue Execu- of dollars. In fact, one report says they Mr. SESSIONS. I thank the Presiding tive amnesty to millions, and he is en- have spent $1.5 billion since 2007 trying Officer and appreciate the opportunity couraging the President to ensure this to pass their desired immigration bill— to share some thoughts on an impor- amnesty includes as many people as $1.5 billion. They think whatever they tant subject tonight. possible. And the White House has ac- want is good for America. They tried Earlier this week I spoke about the knowledged that 5 to 6 million is the and tried and tried to pass the bill President’s promise that he would number they are looking at. through Congress, but the American issue an Executive amnesty, a grant of Has one Senate Democrat stepped people said: No, no, no. So they decided amnesty to 5 or 6 million people by forward to reject Mr. REID’s statement? to just go to the President. They decide some form of Executive order with his Has one Senate Democrat stepped for- to go to President Obama, and we will own pen. The planned amnesty would ward to say: I support the legislation insist that he implement these meas- include work permits, photo ID’s, and passed by the House of Representatives ures through Executive fiat. And Sen- Social Security numbers for millions of that would secure the border and block ate Democrats have apparently said: people who illegally entered the U.S., this Executive amnesty? Have they Well, that is just a wonderful idea. We illegally overstayed their visas, or de- ever said they support that? Have they support that. Just do it. Go big. But, frauded U.S. immigration authorities. ever said: I will do everything in my Mr. President, wait a little bit. Wait The Senate Democratic Conference power to see that the House legislation until after the election. We don’t want has supported and enabled the Presi- gets a vote in the Senate so the Amer- the voters to hold us accountable for dent’s actions and blocked—so far— ican people can know what is going on? what you are doing. We want to pre- every effort to stop it. Not even one of No. All we hear is silence. tend we in the Senate have nothing to our Democratic colleagues has backed In effect, the entire Senate Demo- do with it. the House legislation that would stop cratic Congress has surrendered the One of the groups that has joined the this Executive amnesty or demanded jobs, wages, and livelihoods of their chorus of special interests demanding that Senator REID bring it up for a vote constituents to a group of special in- Executive action on immigration is at least. Every Senate Democrat is terests meeting in secret at the White FWD.us, run by Facebook CEO Mark therefore the President’s partner in his House—what Congress has refused to Zuckerberg. He just turned 30, and I planned lawless acts. Plainly the Presi- pass and the American people have re- understand he is worth about $28 bil- dent must execute the law that was jected. They are plotting at the White lion. passed by Congress, and the law does House—maybe even more so today—to Mr. Zuckerberg has been very busy not allow for unlawful immigrants to move forward with Executive action recently. One of his fellow billionaires,

VerDate Mar 15 2010 04:06 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.099 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5520 CONGRESSIONAL RECORD — SENATE September 10, 2014 Mr. Carlos Slim—maybe the world’s or science and mathematics, wages go stuck at 1998 levels, by diminished career richest man—invited Mr. Zuckerberg up, do they not? If wages are not up prospects and by repeated rounds of layoffs. down to Mexico City to give a speech. and are basically down since 1999, I They go on to say: What did Mr. Zuckerberg promote in think the case for our free-market There is an ample supply of American his speech? Well, this is a report of it. friends is pretty clear—we don’t have a workers who are willing and qualified to fill I guess I will first note that young shortage. high-skill jobs in this country. The only real Mr. Zuckerberg maybe doesn’t know So rich high-tech companies are disagreement is whether the supply is two or there is a deep American tradition—a using the H–1B visa program to keep three times larger than the demand. tradition in most developed nations— wages down and to hire less expensive There is no doubt we have a surplus that you don’t go to a foreign capital workers from abroad. Indeed, the same of IT workers. The question is whether to criticize your own government. I companies demanding more guest the supply is two or three times as big suppose he doesn’t know about that. workers are laying off American work- as the number of job openings. They probably didn’t teach him about ers in droves. They go on to say: that when he was at one of the elite I would like to read some excerpts Unfortunately, companies are exploiting schools he attended. from that op-ed published in USA the large existing flow of guest workers to This is what he said in Mexico City: TODAY. The article was recently co- deny American workers access to STEM ca- We have a strange immigration policy for reers and middle-class security that should authored by five of the nation’s experts come with them. Imagine, then, how many a nation of immigrants. And it’s a policy on labor markets and the guest worker unfit for today’s world. more Americans would be frozen out of the program. I think it tells a story that Well, the ‘‘masters of the universe’’ middle class if politicians and tech moguls has not been refuted. We have par- succeeded in doubling or tripling the flow of are very fond of open borders as long as tisans and advocates who have been guest workers into STEM occupations. these open borders don’t extend to claiming there is a shortage in these That is exactly what the bill before their gated compounds and fenced-off fields, but the experts say no. And this Senate—the bill the House of Rep- estates. since they have been speaking out on I have another article from late last resentatives rejected—would have this issue, we have seen no real data fall that was printed in Business In- done. It would have doubled the num- that would dispute what they say in sider about Mr. Zuckerberg’s actions. ber of guest workers coming into this article dated July 27, 2014. The headline is ‘‘Mark Zuckerberg Just America just to take jobs—coming in Headline: ‘‘Bill Gates’ tech worker Spent More Than $30 Million Buying 4 for the very purpose of taking a job fantasy.’’ Neighboring Houses For Privacy.’’ The that we need Americans to be taking. Subheadline: ‘‘Silicon Valley has cre- article says: The article goes on: ated an imaginary staffing shortage.’’ Mark Zuckerberg just made an unusual Another major, yet often overlooked, pro- purchase. Business executives and politicians end- vision in the pending legislation— Well, four purchases. lessly complain that there is a ‘‘shortage’’ of That is the bill President Obama is Facebook’s billionaire founder bought four qualified Americans and that the U.S. must pushing for, the Gang of 8 bill homes surrounding his current home near admit more high-skilled guest workers to fill would grant automatic green cards to any Palo Alto, Mercury News Reports. The jobs in STEM fields: science, technology, en- foreign student who earns a graduate degree houses cost him more than $30 million, in- gineering and math. This claim is echoed by in a STEM field, based on assertions that cluding one 2,600 square-foot home that cost everyone from President Obama and Rupert foreign graduates of U.S. universities are $14 million. (His own home is twice as large Murdoch to Mark Zuckerberg and Bill Gates. routinely being forced to leave. Such claims at 5,000 square-feet and cost half as much.) Yet within the past month, two odd things Larry Page made a similar move a few occurred: Census reported that only one in are incompatible with the evidence that such years ago so he could build a 6,000-square- four STEM degree holders is in a STEM job, graduates have many paths to stay and foot mansion. But Zuckerberg’s reason is dif- and Microsoft announced plans to downsize work, and indeed the ‘‘stay rates’’ for vis- ferent. He doesn’t want to live in excess, he its workforce by 18,000 jobs. iting international students are very high just wants a little privacy. and have shown no sign of decline. The most The five writers of this article—refer- recent study finds that 92 percent of Chinese That is a world the average American ring to themselves—go on to say: Ph.D. students stay in America to work after doesn’t live in. None of us have been able to find any cred- graduation. So Mr. Zuckerberg, who has become ible efforts to support the IT industry’s as- So that just meant we have thou- the top spokesman for expanding the sertions of labor shortages. sands and thousands of students grad- admission of foreign workers, cham- The article was written by Ron Hira, uating from schools and being sent pioned the Senate immigration bill for Paula Stephan, Hal Salzman, Michael home. That is not accurate, according which all of our Democratic colleagues Teitelbaum, who has recently written a to the experts who study the data. voted. One of the things the bill did book on this subject, and Norm The article continues: was double the supply of low-wage for- Matloff. These are labor economic ex- The tech industry’s promotion of expanded eign workers brought into the United perts who have studied these issues for temporary visas (such as the H–1B) and green States for companies such as years. Many of them have testified be- cards is driven by a desire for cheap, young Facebook. fore Congress. They say: and immobile labor. It is well documented We have been told for a long time— None of us have been able to find any cred- that loopholes enable firms to legally pay H– and most of us have heard this repeat- ible evidence to support the IT industry’s as- 1Bs below their market value and to con- edly—that there is a shortage of STEM sertions of labor shortages. tinue the widespread age discrimination ac- and IT workers. STEM stands for knowledged by many in the tech industry. What a statement that is. science, technology, engineering, and I talked to a gentleman whom I knew They go on to write—they all signed mathematics. This has been the central a little bit who worked at a computer this article together—that: selling point of these massive demands company. He is well into his forties, for increases in foreign worker pro- If a shortage did exist, wages would be ris- maybe close to 50. I asked him what ing as companies try to attract scarce work- grams across the board—programs that ers. Instead, legislation that expanded visas kind of security there is. He said, Well, bring in workers for every sector in the for IT personnel during the 1990s has kept av- in the tech industry these companies U.S. economy. But we know otherwise erage wages flat over the past 16 years. In- go and fall. I said, What happens if you from the nation’s leading academics, deed, guest workers have become the pre- were to lose your job? He said, At my people who studied this issue and are dominant source of new hires in these fields. age, it would be very difficult. professionals in it. I have a recent op- The ‘predominate source of new That was a poignant moment for me. ed here from USA TODAY which re- hires’ in information technology fields This man, with a family, raising chil- ports that there is actually not a short- is coming through guest worker pro- dren, doing the right thing, is worried age but a surplus of Americans who grams from abroad. at his age whether he can get a job, have been trained in the STEM and IT They go on to say: when the majority of people being fields and that this is why wages have Those supporting even greater expansion hired in these fields are H–1B guest not increased since 1999. seem to have forgotten about the hundreds workers. If you have a shortage of workers in and thousands of American high-tech work- The USA Today op-ed concludes by a field such as information technology ers who are being shortchanged—by wages saying:

VerDate Mar 15 2010 05:37 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.101 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE September 10, 2014 CONGRESSIONAL RECORD — SENATE S5521 IT industry leaders have spent lavishly on This is an article that talks about The people who got hurt the most lobbying to promote their STEM shortage that. It is a matter of importance. The were at the bottom— claims among legislators. The only problem Associated Press article, the title of it: with declines in their wages of more than 4 is that the evidence contradicts their self-in- ‘‘Obama Weighs Broader Move on Legal percent. terested claims. Immigration.’’ We have business CEOs, lobbyists, ac- I think this is a dramatic article. It President Barack Obama is considering tivists, immigration groups, and clever is an article by undisputed experts in key changes in the nation’s immigration sys- politicians who are able to demand their field. To my knowledge no one tem requested by tech, industry and power- that we have to have more workers in has disputed it. The false, tech world ful interest groups— America even when we have a decline fantasy claims, the USA Today op-ed Not by the American people was he in wages and a decline in jobs. But referred to, is an imaginary shortage, being requested to do this, not by the what does the President do? His admin- not a real shortage. national interests but by powerful spe- istration issues an Executive order to So I would pose a question to Mr. cial interest groups that are referred to provide foreign spouses—the citizens of Zuckerberg, who is a brilliant man here. other countries, not American citi- with so many fabulous qualities, and I It goes on to say: zens—with 100,000 jobs in the United respect that. But I read in the news After recent White House meetings, top of- States, precious jobs that many Ameri- that Facebook, his company, is now ficials have compiled specific recommenda- cans would love to have. How many worth more than $200 billion. Is that tions from business groups and other advo- American spouses struggling to sup- not enough money to hire American cates. port their families would benefit from workers for a change? Your company ‘‘Other advocates.’’ Who are they? We one of those jobs? How many single now employs roughly 7,000 people. Let’s know the ACLU has been there. We moms would benefit from a chance to say you want to expand your workforce know La Raza has been meeting there earn a better paycheck? 10 percent or hire another 700 workers. on a regular basis. It goes on. The arti- Our Senate Democratic friends talk Are you claiming you can’t find 700 cle says: about paycheck fairness repeatedly. Americans who would take these jobs if One of the more popular requests is a Yet they are supporting policies that you paid a good wage and decent bene- change in the way green cards are counted take jobs and wages directly from fits? that would essentially free up some 800,000 American women by the millions. Let me just say one more thing: additional visas the first year, advocates Immigration policy is supposed to Facebook has 7,000 workers. Microsoft say. serve the national interest and the peo- just laid off 18,000. Why doesn’t Mr. Other requests would extend work ple of the United States, not the inter- Zuckerberg call his friend Mr. Gates permits to the spouses of all temporary ests of a few activist CEOs and the and say: Look, I have to hire a few hun- H–1B skilled workers who have not politicians who are catering to them. dred people; do you have any resumes been able to work. But how about the We have had 40 years of mass immigra- you can send over here? Maybe I will fact that a single mom might like that tion combined with falling wages, a not have to take somebody from a for- job? An unemployed single mom or a shrinking workplace, and exploding eign country for a job an unemployed single mom who has a job prospect that welfare rolls. We know that, don’t we, U.S. citizen might take. would pay $3 more than the job she is friends and colleagues? It is time for a It is a serious matter. I want to con- now working while trying to raise a shift in emphasis. It is time to get our tinue to talk about this. There is this family? Or an unemployed father? own people back to work and our com- myth that we have surging employ- Maybe they would like those jobs first. munities out of poverty and our ment in the high-tech industry. Ac- So these actions fall on the heels of schools back on their feet. cording to a recent Reuters report, previous Executive action in which the Harvard professor Dr. George U.S. employers announced 50,000 lay- President already acted unilaterally Borjas—probably the leading academic offs in August of 2013, up 34 percent earlier this year to grant companies an in this entire area and has been for from the previous month, then up 57 additional 100,000 guest workers. He many years—estimates that our cur- percent through August 2012. has already done that. In just the first rent immigration rate results in an an- As Byron York reported, Hewlett- year of this order, we added 100,000 nual loss of more than $400 billion in wages for Americans competing with Packard, a high-tech company, laid off guest workers by providing work au- immigrant labor. Between 2000 and 29,000 employees in 2012—29,000. In Au- thorizations to the foreign spouses of today the government issued nearly 30 gust of 2013, Cisco announced plans to temporary guest workers. So he would million visas to temporary foreign lay off 4,000 workers in addition to the increase the supply of guest workers by workers and permanent immigrants, 8,000 cut in the last 2 years, and Cisco approximately 30,000 each year there- after—this at a time when we have 58 largely lower skilled and lower wage. was right in the White House this sum- A recent Reuters poll showed that million working-age Americans who mer with a group of other companies Americans wish to see record immigra- are not working. Since 2009 the number demanding more workers from abroad. tion reduced, not increased, by a huge of adults has increased by 13 million, Cisco was signing a letter with a bunch 3-to-1 margin, as the Gang of 8 bill of other companies; United Tech- while the number of people actually would have done. nologies has announced 3,000 layoffs working has decreased by 7 million. Another poll from pollster Kellyanne this year; American Express cut 5,400 Median household income has Conway recently showed that 80 per- jobs; Procter and Gamble announced dropped $2,300 since 2009. According to cent of Americans think companies 5,700 jobs cut in 2012; T-Mobile an- the National Employment Law Project, should hire from among the existing nounced plans to lay off 2,250 employ- wages are down across all occupations. unemployed rather than bringing in ees in 2012. According to a CBS report titled ‘‘Why new workers from abroad to fill these The shortage is not there. The ex- American workers feel increasingly jobs. Yet Senate Democrats have ″ perts tell us and the plain facts, if we poor : unanimously supported legislation to look around, indicate that. Real median hourly wages have declined double the annual supply of labor But instead FWD.us and other immi- across low, middle and high income levels brought into the United States. gration lobbyists are working with the from 2009 to 2013, the study found. No matter Some people think this is agricul- White House to extract Executive or- if workers were in the lowest bracket ($8.84 tural work. Not so. The increase in im- ders from the President that provide to $10.85 an hour) or the highest ($31.40 to $86.34) median hourly wages declined when migration under that bill would be them with the same financial benefits you take into account the impact of infla- more than 90 percent nonagricultural that were included in the Senate bill tion. work. These jobs are going to be taken that was rejected by the House of Rep- It goes on: by anyone. So what about the good, de- resentatives. One proposal would in- Across all occupations, real median hourly cent and patriotic citizens of our coun- crease by as much as 800,000 the num- wages slipped 3.4 percent since 2009. While try who fight our wars, who obey our ber of foreign workers admitted for the even better-paid workers saw median hourly laws, who follow our rules, and want a explicit purpose of taking jobs in the earnings erode, the worst hit segments were better future for their children? Should United States. at the bottom— their needs not come first?

VerDate Mar 15 2010 06:01 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.103 S10SEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S5522 CONGRESSIONAL RECORD — SENATE September 10, 2014 As the National Review explained, Washington, not to scorn them, not to NOMINATIONS ‘‘we are a nation with an economy—not demean them, not to mock them, not an economy with a nation.’’ We cannot to sell their jobs and dreams to the Executive nominations received by put the parochial demands of a few highest bidder. the Senate: powerful CEOs ahead of an entire na- I yield the floor. DEPARTMENT OF STATE tion’s hopes, dreams, and aspirations. f MICHELE THOREN BOND, OF THE DISTRICT OF COLUM- The basic social contract is that citi- BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- zens agree to follow the law, pay their ADJOURNMENT UNTIL 9:30 A.M. ICE, CLASS OF MINISTER–COUNSELOR, TO BE AN ASSIST- taxes, devote their love and loyalty to ANT SECRETARY OF STATE (CONSULAR AFFAIRS), VICE TOMORROW JANICE L. JACOBS, RESIGNED. their country, and in exchange the na- tion commits to preserve and protect The PRESIDING OFFICER. Under FEDERAL MINE SAFETY AND HEALTH REVIEW and serve their interests, safeguard the previous order, the Senate stands COMMISSION their freedom, and return to them in adjourned until 9:30 a.m. tomorrow. MICHAEL YOUNG, OF PENNSYLVANIA, TO BE A MEMBER kind their first allegiance of loyalty. Thereupon, the Senate, at 6:39 p.m., OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW The job of elected officials is to an- adjourned until Thursday, September COMMISSION FOR A TERM OF SIX YEARS EXPIRING AU- GUST 30, 2020. (REAPPOINTMENT) swer to the people who sent them to 11, 2014, at 9:30 a.m.

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