Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, FIRST SESSION

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

Vol. 161 WASHINGTON, THURSDAY, JUNE 4, 2015 No. 89 Senate The Senate met at 9:30 a.m. and was National Defense Authorization Act ObamaCare’s massive cost burdens af- called to order by the President pro today. Both the Republican and Demo- fect all of them. Take the Kentucky tempore (Mr. HATCH). cratic bill managers have called for small business owner who wrote to say f Senators on both sides to get their that his plan is now being canceled amendments offered so we can get the thanks to ObamaCare. Here is what he PRAYER process moving. I urge all of my col- had to say: ‘‘My monthly premium will The Chaplain, Dr. Barry C. Black, of- leagues to do so. increase from $610 to [approximately] fered the following prayer: f $1,200,’’ he said, ‘‘and this is with very Let us pray. high deductibles.’’ Or take the con- Eternal Father, in whom we live and OBAMACARE stituent of mine from Floyd County move and have our being, from whom Mr. MCCONNELL. Mr. President, on who recently wrote to say she can no we come and to whom we go at last, in another matter, we have heard a lot longer afford her silver ObamaCare this quiet moment of prayer, we praise about the Supreme Court’s imminent plan after the monthly premium spiked You for Your providence that decision on ObamaCare and its latest by more than 75 percent. ‘‘I was forced undergirds our Nation and its leaders. problems. No one can say for sure how to take the Bronze Plan,’’ she said, Let Your Kingdom come and Your will the Court will rule, but one thing we do ‘‘which isn’t worth the paper or ink to be done on Earth as it is in Heaven. know is this: ObamaCare is a mess. It print it on.’’ Today, give our lawmakers grace to is a law filled with broken promises, These are the kinds of stories that distinguish between that which is na- one that has been plagued by failure have become all too familiar in the age tion-serving and that which is self- and one that has caused costs to sky- of ObamaCare. They are compounded serving. Make them committed to serv- rocket for millions after the supporters by a continual drip, drip of bad news ing You by serving others. Give them of this law promised the costs would about this law, such as the recent re- the wisdom to separate the important actually fall. port that showed how ObamaCare’s from the unimportant, the big concern I speak to you in the wake of a bomb- multibillion-dollar attack on hospitals from the trivial contention. Use our shell revelation from the administra- in Kentucky is expected to result in a Senators for the betterment of this Na- tion that many insurers are now re- net loss of $1 billion over the next few tion and the building of Your Kingdom. questing to raise premiums by double years—a net loss of $1 billion to Ken- And, Lord, we thank You for the digits all across the country. For in- tucky hospitals. wonderful work of our pages. stance, numbers for Kentucky just This is after ObamaCare already We pray in Your great Name. Amen. came out yesterday, and most of the compelled taxpayers to shell out bil- f insurers on the Commonwealth’s lions for Web sites that never worked, ObamaCare exchange are looking to along with some pretty sad and des- PLEDGE OF ALLEGIANCE raise premiums. Some of the proposed perate but expensive taxpayer-financed The President pro tempore led the increases are as high as 25 percent, and marketing campaigns that often just Pledge of Allegiance, as follows: some Kentuckians may now face dou- directed users to some technological I pledge allegiance to the Flag of the ble-digit premium increases for the nightmare, not affordable health care. United States of America, and to the Repub- second or even the third year in a row. Take Oregon, for instance. Taxpayers lic for which it stands, one nation under God, This is more bad ObamaCare news for spent over $300 million on that State’s indivisible, with liberty and justice for all. the people I represent. exchange, only to have it taken over by f In some States, the proposed in- the Federal Government and then, creases are even more alarming, if you along with the ObamaCare exchange in RECOGNITION OF THE MAJORITY can believe it. Kentuckians can look Massachusetts, placed under Federal LEADER next door for proof of that, where some criminal investigation. Look at Ha- The PRESIDING OFFICER (Mr. COT- Hoosiers could be hit with a 46-percent waii, which received more than $205 TON). The majority leader is recog- jump in their premiums, or if they look million to establish its exchange. We nized. south to Tennessee, they will see that learned just last month that the Ha- f premium hikes of 36 percent have been waii exchange is planning to shut down proposed. operations by September 30 since law- NATIONAL DEFENSE These are huge numbers, and they af- makers couldn’t decide on a path for- AUTHORIZATION ACT fect real people. We have seen the truth ward to pay for it. And then there is Mr. MCCONNELL. Mr. President, the of that statement in the stories we Vermont. This morning, the New York Senate will continue its work on the hear from constituents about how Times reported on the spectacular

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

S3731

VerDate Sep 11 2014 00:11 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.000 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3732 CONGRESSIONAL RECORD — SENATE June 4, 2015 crash of Vermont’s even more ambi- pression, freedom of conscience, and lence. It needs to be more than just tious version of ObamaCare. Many on freedom of assembly. holding an election without mass cas- the left thought Vermont’s experiment Those are just a few of the challenges ualties or violence. It means the lead- would light the way forward on health facing Burma in 2015. But it is also true up to the election must be transparent, care. In the end, it turned out to be a that Burma has come a long way from inclusive, and credible, too. It means remarkable failure and, as one where it was just a few years ago. Re- there should not be political favoritism Vermonter put it, ‘‘an unending money form has been offered, change has oc- shown by the state or its media organs. pit.’’ The State’s top health official curred, and considering the conditions It means freedom of expression of the now says that ObamaCare’s exchanges within Burma when reform began, this press and a peaceful assembly must be ‘‘just [weren’t] set up for success.’’ is no small achievement. That is why ensured. It means citizens must be al- That is in Vermont. there are opportunities as well. lowed to register and to vote without ObamaCare is hitting small and The parliamentary election that will harassment, and it means they must be midsized businesses, too. These are the be held later this year represents a granted equal opportunities to orga- engines of job growth in our economy, clear opportunity to demonstrate how nize, to campaign, and to participate but too many of them are now facing far Burma has progressed. There are fully in the electoral process without premium hikes of nearly 20 percent be- some encouraging signs that the elec- fear and violence. cause of ObamaCare. One 54-person tion will be more credible, more inclu- These basic standards of fairness are company in Connecticut is facing up to sive, and more transparent than what minimum goals Burmese officials must $100,000 in new costs. Its owner says we have seen in the past in that coun- strive toward. If the Burmese Govern- that ObamaCare ‘‘punishes companies try. Unlike recent Burmese elections, ment gets this right, if it ensures a for hiring new, younger workers,’’ and, international election monitors have transparent, inclusive, and credible indeed, the uncertainty is causing her been permitted to observe. By and election, with results accepted by com- company to hire temporary workers large, the work of the Union Election peting parties, that would go a long rather than create permanent jobs. Commission has been encouraging thus way toward reassuring Burma’s friends So while it is possible that far, especially as it relates to serious around the globe that it remains com- ObamaCare will survive its latest cri- efforts to modernize the voter roles and mitted to political reform. But if we sis, that is not going to change the to make it easier to run for office. And end up with an election not accepted grim reality of this law. It won’t our Embassy, under the capable leader- by the Burmese people as reflecting change the broken promises, it won’t ship of Ambassador Derek Mitchell, their will, it will make further normal- change the repeated failures, and it has been engaged in the process as ization of relations—at least as it con- won’t change the fact that ObamaCare well. cerns the legislative branch of our gov- has led to skyrocketing costs for tax- These are all positive signs, but it is ernment—much more difficult. payers, the small businesses that drive going to take a sustained commitment For example, such an outcome would the American dream, and, most impor- by President Thein Sein’s government likely hinder further enhancement of tantly, for middle-class Americans who to ensure that as free and fair an elec- U.S.-Burma economic ties and mili- work hard every single day and play by tion as possible takes place this fall be- tary-to-military relations. Further, an the rules. cause for all of the positive change we erosion of congressional confidence in It is about time the President and his have seen in recent years, it is obvious Burma’s reform efforts would also party worked constructively with us to that Burma still has much further to make it more difficult for the execu- start over on real health reform that go. There are signs that its political re- tive branch to include Burma in the can lower costs and increase choice inform effort has begun to falter, which Generalized System of Preferences pro- stead of hurting the middle class the is worrying for all of us who care about gram or to enhance political military way ObamaCare does. That is what the the Burmese people. relations. American people deserve. It doesn’t mean Burmese officials So these are some of the most press- f can’t turn things around. I believe they ing challenges and opportunities await- can, which is what I indicated to the BURMA ing Burma in 2015. I noted many of speaker when I met with him. I believe them in my discussion with Burma’s Mr. MCCONNELL. Mr. President, on there is still time before the next crit- parliamentary speaker. one final matter, several weeks ago, I ical test of Burma’s slow democratic I would close by making it clear that had the pleasure of meeting with Shwe development this autumn. we in the United States will be watch- Mann, speaker of the Burmese Par- There may still be time to amend the ing intently to see what happens in liament, on his visit to Washington. It Constitution, for instance, to ensure Burma in the coming months, and we was the third time we met. We had a that it promotes rather than inhibits are prepared to continue doing what we cordial but frank discussion about the Burma’s democratic development. It is can to encourage more positive change challenges and opportunities facing his hard to claim democratic legitimacy in that country. country in 2015. There are obviously with a Constitution that unreasonably f many issues that fall into both cat- limits who can run for President or egories. that effectively locks in a parliamen- RECOGNITION OF THE MINORITY When it comes to challenges, there is tary veto for the military. LEADER the need for the government to do all it At the very least, the six-party talks The PRESIDING OFFICER. The can to protect and assume responsi- we have seen between President Thein Democratic leader is recognized. bility for members of a long-suffering Sein, Shwe Mann, opposition leader f religious minority group, the Daw Aung Sang Suu Kyi, the military, Rohingya, thousands of whom have ethnic groups, and others certainly BURMA been forced to take to the high seas on represent progress. They should con- Mr. REID. Mr. President, I have dangerous makeshift vessels to escape tinue in a sustained fashion. watched over the last decade Senator persecution. There is the longstanding I also hope to see further progress on MCCONNELL focusing attention on need for the government to continue the draft national ceasefire reached be- Burma. It is remarkable the good he its work with other ethnic minorities tween the Burmese Government and has done for that country. His vigi- toward a permanent peace agreement representatives from 16 ethnic groups lance in watching literally every move that calls for political settlements in in March. that government has made has been order to end a conflict as old as the Those of us who follow Burma want good for that country and I think good modern Burmese State itself. Then the country to succeed. We want it to for the world, and I admire and appre- there is the need for a constitutional succeed in carrying out a transparent, ciate the work he has done. There has reform to enhance civilian control of inclusive, and credible election on a not been a watchdog over any country the military, along with more progress broad scale. We know this standard that I am aware of who has been more on efforts to protect liberties, such as goes far beyond simply holding an elec- intense than the senior Senator from freedom of the press, freedom of ex- tion without mass casualties or vio- Kentucky, keeping an eye on what goes

VerDate Sep 11 2014 00:11 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.001 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3733 on in Burma. I appreciate his remarks that is a gross understatement. We what they can’t do because of that today in that regard. should not start spending until we de- money being lost. f velop a bipartisan budget that does. While sequestration is a dagger That is the only responsible way to pointed at the middle class, it also rep- AFFORDABLE CARE ACT protect both our national security and resents a threat to our society in many Mr. REID. Mr. President, my friend America’s middle class. different ways. It means fewer opportu- the Republican leader can’t see the for- Sequestration results from what hap- nities for American businesses and con- est for the trees when it comes to pened 4 years ago with another threat sumers to benefit from cutting edge in- health care. I understand that. He has of a government shutdown because the novations. given many speeches denigrating Republicans couldn’t get their finan- Sequestration threatens cuts to the ObamaCare. cial house in order. FBI, the Federal Bureau of Investiga- The facts are that more people are The Budget Control Act of 2011 tion. It means fewer FBI resources de- getting access to health care today passed. That act included a number of voted to terrorists and hunting them under the Affordable Care Act than significant spending cuts and estab- down. ever before. The share without insur- lished a supercommittee led by Sen- Sequestration threatens cuts for the ance is now at an alltime low. ator MURRAY and Congressman HEN- Transportation Security Administra- The cost growth in health care has SARLING from Texas to produce a bal- tion, which helps protect us from an- never been lower than it has been since anced, bipartisan agreement for addi- other 9/11. ObamaCare kicked in. I was telling one tional deficit reduction. Unfortunately, Sequestration threatens cuts for fu- of my Senator friends yesterday that Republicans could never agree. There sion centers, which have worked so when I went home during the Memorial was a lot of this: Yes, we are almost well—these centers help law enforce- Day recess, I had two people come to there, we are almost there. But they ment officials work together—and for me. I know that is not a great sam- could never pull the trigger and agree. the Coast Guard and border security of- pling, but it shows how impactful the There was a refusal to close a single ficials who protect Americans from legislation has been. Both of them had tax loophole to reduce the deficit; not dangers from abroad. children with significant challenges, a single one could they agree on. These are cuts that are in place right physical and mental. These young men So the supercommittee failed to now. and women now have the ability to get reach an agreement, and the Budget The bill before us is designed to pro- health care. They cannot be denied in- Control Act triggered deep, automatic vide an end run around sequestration surance because of their preexisting cuts. for the Department of Defense by ex- disability. This law that was passed Sequestration was never intended to ploiting a provision that exempts from not only applies to people with disabil- happen. The point was to threaten cuts spending caps what is called the over- ities about which I have just spoken, so deep and so stupid that Congress seas contingency operations, or OCO. but it applies to people with disabil- would never let them happen. But We all know that OCO was put in the ities such as diabetes. Prior to never put that beyond this Republican budget many years ago, and it was set ObamaCare, women could be charged group over the last 10 years and who there so we would have the money to more for their health care. So people are still here in Congress. They allowed fight wars. It is always very hard to de- are extremely satisfied with health this stupid thing to happen. The cuts termine how much wars are going to care. The Supreme Court should under- affected both defense and nondefense cost. We know that because we had to stand that about 7 million people who programs so everyone would feel com- borrow almost $2 trillion for wars in are happy with their health care and pelled to move it, because the cuts Iraq and Afghanistan, especially in who are receiving subsidies for their in- were equal. Iraq. surance to take care of themselves Unfortunately, what was stupid in But the OCO gimmick does not solve would lose that. They would lose those 2011 is now official Republican policy. the problem of sequestration, and that subsidies. It would be a devastating Congressional Republicans incor- is true. I am disappointed that even blow to 7 million people, as well as to porated sequestration into their recent Senators who long have had a reputa- the economy. Also, those people who budget resolution. That resolution tion for fiscal honesty, such as the don’t need subsidies benefit signifi- leaves sequestration cuts in place in chairman of the Armed Services Com- cantly. The people who have had in- parts of the budget that affect the mid- mittee, my friend, are turning a blind creased premiums—my friend was very dle class, and it also directly threatens eye to the OCO gimmick. There has not selective in whom he chose, because national security. There are many ex- been a word from people who have had the people having increases are very amples of this. a reputation for fiscal honesty—not a minimal. I will have more to say about How does it affect the middle class? word—about this gimmick. that at some subsequent time in the The list is really endless. It cuts in- The Department of Defense says it near future. vestments in roads, bridges, rail, and won’t work. It is just a 1-year gim- ObamaCare is working. Reports out transit. That costs jobs—lots and lots mick, and that will make it impossible this week show that all the targets of jobs, hundreds of thousands of jobs. for military leaders to prepare for have been met as to people who have It puts travelers at risk, and it weak- threats we face in the future. purchased insurance and they are pay- ens our economy. The OCO gimmick does nothing for ing their premiums. So I think we Sequestration cuts education. That agencies that protect us here at home, should try to improve the law rather means fewer children with a shot at such as, as I have indicated, the FBI than my Republican friends contin- going to school. If they can’t do that, and even the Department of Homeland ually trying to talk about the failures they don’t have a shot at success. It Security. That leaves all Americans that don’t exist. means fewer Americans who can afford vulnerable to attacks if they don’t get college. That is the way it is. It means the resources they need. f less economic opportunity for millions So until we reach a balanced, bipar- SEQUESTRATION of Americans. tisan agreement on the budget—an Mr. REID. Mr. President, every Sen- Sequestration cuts research. That agreement that protects both national ator wants to keep America safe, and means fewer chances to beat cancer, security and the middle class—not a that is why every Senator should be heart disease, and Alzheimer’s. As a re- single spending bill will become law. If concerned about a particular threat to sult of sequestration, the National In- any bill reaches the President, he will our national security. This threat to stitutes of Health, the premier medical veto it. He has said so publicly many our national security is called seques- research institution in the world, was times. He should. It is critical for the tration. Sequestration puts in place whacked by sequestration to the tune middle class, and it is the only way to drastic cuts to all funding, defense and of $1.6 billion. They have never, ever be fiscally responsible. We ought to nondefense. gotten that money back. It stopped the budget before we spend. The Defense authorization bill that is finalization work done on the universal Days after letting critical national before us today doesn’t fix that—and flu vaccine. The list is endless as to security tools expire on their watch,

VerDate Sep 11 2014 00:11 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.003 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3734 CONGRESSIONAL RECORD — SENATE June 4, 2015 Republicans are showing yet another Reed amendment No. 1521 (to amendment uous cease-fire agreement signed in Feb- way they can’t govern. Now we are No. 1463), to limit the availability of ruary. wasting time on a bill that has no amounts authorized to be appropriated for Both sides traded accusations about who had started the fighting in Marinka, a sub- chance of becoming law—no chance. No overseas contingency operations pending relief from the spending limits under the Budg- urb of Donetsk on the government-held side troops will be helped by a bill that et Control Act of 2011. of the cease-fire line. Separatists reported 15 can’t be signed into law by the Presi- Portman amendment No. 1522 (to amend- dead, and three Ukrainian soldiers were dent. Our military needs all the help ment No. 1463), to provide additional killed, according to a Facebook post by they can get. They deserve it. amounts for procurement and for research, Yuriy Biryukov, an adviser to Ukrainian If Republicans want to join us in sup- development, test, and evaluation for President Petro Poroshenko. porting our troops, they should start Stryker Lethality Upgrades, and to provide ‘‘They tried to move forward. The Ukrain- taking their responsibility to govern an offset. ian military are repelling all attacks, and the situation is under control,’’ Col. Andriy seriously and work with us on a De- Reed (for Bennet) amendment No. 1540 (to amendment No. 1463), to require the Comp- Lysenko, a spokesman for Ukraine’s Na- fense bill that can actually become law troller General of the United States to brief tional Security and Defense Council, said at to help those in our Armed Forces. and submit a report to Congress on the ad- a news conference Wednesday in Kiev. Let’s be straight. At the moment, we ministration and oversight by the Depart- ‘‘Marinka and Krasnohorivka are under our don’t have a budget. ment of Veterans Affairs of contracts for the control.’’ Without the vote of a single Demo- design and construction of major medical fa- But the head of the separatists’ militia crat, Republicans approved a non- cility projects. said they were only defending themselves binding resolution with their own wish Cornyn amendment No. 1486 (to amend- against an assault by the pro-Kiev forces. ‘‘Trying to announce that we are storming list. It means nothing. The budget ment No. 1463), to require reporting on energy security issues involving Europe and Marinka—this is a provocation by Kiev,’’ means nothing. There was a lot of the Russian Federation, and to express the said Vladimir Kononov, the militias’ top de- back-slapping here: Oh, it is a great sense of Congress regarding ways the United fense official. ‘‘We already are in Marinka.’’ budget; we are going to balance the States could help vulnerable allies and part- Since February, top diplomats from the budget. But everyone knows that is ners with energy security. United States and Europe have participated just a farce. Reed (for Shaheen) amendment No. 1494 (to in several rounds of shuttle diplomacy aimed Until both parties join together, the amendment No. 1463), to revise the definition at settling the conflict and persuading the government does not have a budget to of spouse for purposes of veterans benefits in rebels and the government to fully implement the peace agreement signed in Minsk, actually guide decisionmaking. We recognition of new State definitions of spouse. Belarus. need one. Tillis amendment No. 1506 (to amendment Last month, U.S. Secretary of State John This is not rocket science. After all, No. 1463), to provide for the stationing of C– F. Kerry and Assistant Secretary of State budgeting for the Federal Government 130 H aircraft avionics previously modified Victoria Nuland made back-to-back trips to is not all that different than budgeting by the Avionics Modernization Program Russia, urging that country’s leaders to use for a family. If two spouses are trying (AMP) in support of daily training and con- their influence over the separatists in east- to resolve differences over their own tingency requirements for Airborne and Spe- ern Ukraine to push them to parley with budget, would it be responsible for one cial Operations Forces. Kiev. Groups from both sides were supposed The PRESIDING OFFICER. Under to conclude an opening round of talks in spouse to go out and buy a new car on Ukraine this week to address various points credit? We all know the answer to the previous order, there will be 30 of contention. that—no. It is the same here in Wash- minutes equally divided in the usual Ukrainian Prime Minister Arseniy ington. Shouldn’t we agree on a budget form. Yatsenyuk accused Russia on Wednesday of first and spend later? That is not ask- The Senator from Arizona. intentionally undermining the peace process ing too much, I don’t believe. Mr. MCCAIN. Mr. President, it is my and ordering pro-Russian separatists in We don’t need political theater and understanding that there will be a vote Ukraine ‘‘to start a military operation.’’ at 10:15 a.m.; is that correct? The surge in violence also comes as West- meaningless votes on bills that are ern nations are gearing up for this weekend’s going nowhere. We don’t need another The PRESIDING OFFICER. There Group of Seven summit in Germany—an as- manufactured crisis. We just need to will be 30 minutes of debate prior to sembly of nations from which Russia was sit down, get real, and fix sequestra- the vote. ousted when it annexed Crimea last year. tion in a way that protects both na- Mr. MCCAIN. I thank the Chair. That annexation happened after the upper tional security and the middle class. Mr. President, I just listened to the house of the Russian parliament met in an They go together. words of the Senate minority leader emergency session to give President Vladi- mir Putin the authority to send troops f concerning his views on an authorization bill—not an appropriations bill, abroad. RESERVATION OF LEADER TIME On Wednesday, the speaker of the upper not a funding bill but an authorization house told lawmakers that there may be The PRESIDING OFFICER. Under bill. I would hope the minority leader cause to hold a similar emergency session the previous order, the leadership time and, frankly, my colleague and friend, soon but did not give a specific reason for is reserved. Senator REID, would pay attention to the warning. f what is going on in the world today. Mr. MCCAIN. Perhaps the minority I refer to the Washington Post this NATIONAL DEFENSE AUTHORIZA- leader and others have missed this arti- morning and an article entitled ‘‘Dead- TION ACT FOR FISCAL YEAR 2016 cle: ‘‘Syria likely used chlorine gas in ly fighting tests truce in Ukraine.’’ recent bombing raids, rights group The PRESIDING OFFICER. Under As many of us predicted, Vladmir says.’’ the previous order, the Senate will re- Putin will continue his aggression and A prominent human rights group accused sume consideration of H.R. 1735, which dismemberment of the European na- the Syrian government Wednesday of using the clerk will report. tion for the first time in 70 years. toxic chemicals during a recent surge in at- The senior assistant legislative clerk Mr. President, I ask unanimous con- tacks involving barrel bombs on rebel-held read as follows: sent that the article entitled ‘‘Deadly areas in northern Syria. A bill (H.R. 1735) to authorize appropria- fighting tests truce in Ukraine’’ be Mr. President, I ask unanimous con- tions for fiscal year 2016 for military activi- printed in the RECORD. sent that this article be printed in the ties of the Department of Defense, for mili- There being no objection, the mate- RECORD. tary construction, and for defense activities rial was ordered to be printed in the There being no objection, the mate- of the Department of Energy, prescribe military personnel strengths for such fiscal year, RECORD, as follows: rial was ordered to be printed in the and for other purposes. [From the Washington Post, June 4, 2015] RECORD, as follows: Pending: DEADLY FIGHTING TESTS TRUCE IN UKRAINE [From the Washington Post, June 4, 2015] SYRIA LIKELY USED CHLORINE GAS IN RECENT McCain amendment No. 1463, in the nature (By Karoun Demirjian) BOMBING RAIDS, RIGHTS GROUP SAYS of a substitute. MOSCOW.—Continued skirmishes between McCain amendment No. 1456 (to amend- pro-Russian rebels and government forces in (By Hugh Naylor) ment No. 1463), to require additional infor- eastern Ukraine escalated Wednesday into BEIRUT.—A prominent human rights group mation supporting long-range plans for con- the first major battle in months, leaving at accused the Syrian government Wednesday struction of naval vessels. least 18 dead and further threatening a ten- of using toxic chemicals during a recent

VerDate Sep 11 2014 00:11 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.005 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3735 surge in attacks involving barrel bombs on That dual strategy, purporting to rep- cause they don’t like the way it is rebel-held areas in northern Syria. resent Sunni interests and attacking any funded. I don’t like the way it is fund- Human Rights Watch said chlorine gas was group that vies to play the same role, has al- ed. But don’t those who are in opposi- probably used in at least three bombing raids lowed it to grow in the face of withering air- tion to this have some sense of reality that targeted Idlib province in April and last strikes. as to what is going on in the world; month, after the area fell to a powerful new In the news yesterday: rebel coalition. That coalition and other in- that if we don’t authorize the ability to surgent groups have recently inflicted heavy ISIS has closed off a dam to the north of defend this Nation and its national se- losses on the regime of President Bashar al- Ramadi, cutting water supplies to pro-gov- curity interests—which in the words of ernment towns downstream and making it Assad in the north and east of Syria. Henry Kissinger before the Armed Assad’s government has been accused by easier for its fighters to attack government forces. ISIS militants are opening only two Services Committee, ‘‘The world has Western countries of using chemical weapons not seen more crises since the end of over the course of the four-year conflict, in- or three of the dam’s 26 gates on the Euphra- cluding an attack involving sarin gas in 2013 tes River, denying water to numerous cities World War II.’’ that killed hundreds of people in a suburb of and using water as a critical weapon to gain I say, with respect to my good friend the capital. more influence and territory. Senator REID, haven’t you got your pri- Regime opponents and activists allege that ‘‘Iraq: ISIS fighters close Ramadi orities skewed? Don’t you understand Assad’s forces have punished residents in dam gates, cut off water to loyalist this is an authorization bill? Don’t you rebel-controlled areas with barrages of the towns,’’ that was on CNN. understand that if you want to fight, crude bombs, which are built from oil barrels ‘‘President Hassan Rouhani stated on fight it on appropriations? Don’t you or gas cylinders and can be filled with toxic Tuesday that,’’ according to Reuters, understand—I am sure you do—that chemicals such as chlorine gas. Barrel bombs have been dropped by regime helicopters and ‘‘ ‘The Iranian nation and government this is about the welfare and benefit of airplanes on residential areas, hospitals and will remain at the side of the Syrian the men and women who are serving? markets, killing thousands of civilians, ac- nation and government until the end of I am as opposed to sequestration as cording to human rights groups. the road.’ He also pledged to send rein- anybody. I have watched the hearings Another group said two barrel bombings on forcements in backing Bashar al- on the Senate Armed Services Com- Wednesday killed at least 24 people, includ- Assad.’’ mittee, where the military leaders ing children, in Idlib and rebel-held areas of ‘‘U.S.: Shiite Fighters in Iraq Are a have said sequestration is putting the Aleppo province. The British-based Syrian Necessary, if Unlikely, Ally’’ lives of the men and women serving in Observatory for Human Rights said that it expected the death toll to climb from those Retired Marine Gen. John Allen, said the uniform in greater danger. That should attacks. militias have an important role to play in be enough alone, but we are playing In its Wednesday report, Human Right liberating Anbar, so long as they ‘‘take com- the hand we are dealt. That fight Watch said evidence indicates that three at- mand from the central authority.’’ should not take place on an authoriza- tacks in April and May on towns in Idlib in- ‘‘Embedding U.S. forces can help in- tion bill. volved barrel bombs containing toxic chemi- ject energy into leadership develop- This authorizes reforms of the Pen- cals. The group was unable to confirm the ment of new and weaker Iraqi com- tagon. This authorizes reforms of the exact toxin used in the attacks, which it said manders. . . . ’’ retirement system, which is long over- killed two people and affected 127. But it cited chlorine as the likely culprit based on AFP Beirut: ‘‘Iraq, Iran fighters de- due. It authorizes our ability to ac- interviews with first responders and doctors, ployed to defend Damascus.’’ quire the weapons and training which as well as an examination of photographs Thousands of Iranian and Iraqi forces have are necessary to defend this Nation. It and videos. been deployed in Syria in past weeks to bol- doesn’t fund them. It doesn’t fund The total number of attacks involving ster the defences of Damascus and its sur- them; it authorizes them. chlorine gas during that time is probably roundings, a Syrian security force told AFP After intense hearings, months and much higher, according to the report, which on Wednesday. months of hearings, debate, work in Iran’s official news agency IRNA quoted was released to coincide with the U.N. Secu- the Senate Armed Services Committee, rity Council’s regular monthly meeting on elite Revolutionary Guards General Qassem chemical weapons in Syria. Citing evidence Soleimani as saying ‘‘in the coming days the we have come up with a product that I provided by doctors in Idlib, the group said world will be surprised by what we are pre- am extremely proud of. 24 suspected chlorine gas attacks were car- paring, in cooperation with Syrian military I understand my friend from Rhode ried out between May 16 and May 19, killing leaders.’’ Island will be proposing an amendment at least nine people and affecting over 500. I point out to my colleagues, Qassem later on to nullify the funding of OCO, ‘‘While Security Council members delib- Soleimani is the guy who sent the cop- which would then, by the way, have the erate over next steps at a snail’s pace, toxic per-tipped IEDs into Iraq that killed effect of reducing the funding and au- chemicals are raining down on civilians in thorization rather dramatically and Syria,’’ Philippe Bolopion, Human Rights hundreds of marines and soldiers and Watch’s U.N. and crisis advocacy director, also was seen prominently in Baghdad cancel many vitally needed programs, said in a statement. and other parts of Iraq leading the Shi- equipment, and training for the men He said the Security Council should impose ite militias. and women who are serving in the mili- sanctions for the attacks. Some of that is complicated. Some of tary. That is fine, but that will be de- In 2013, the Syrian government agreed to a it is impossible to make up. feated. deal brokered by the United States and Rus- Finally, the New York Times article Once it is defeated, I hope and pray sia to eliminate its chemical weapons arse- we will then move forward with the nal, forestalling potential U.S. airstrikes. on June 2: ‘‘Assad’s Forces May Be Aid- The Syrian government, which denies using ing New ISIS Surge.’’ amendment process, which has been ab- chemical weapons, agreed to join the Organi- Building on recent gains in Iraq and Syria, sent for the last 2 years—totally absent zation for the Prohibition of Chemical Weap- Islamic State militants are marching across for the last 2 years—and not—for the ons (OPCW) as part of the agreement. northern Syria toward Aleppo, Syria’s larg- first time in 53 years—not pass a De- Last month, reports emerged that OPCW est city, helped along, their opponents say, fense authorization bill through the inspectors found traces of sarin and VX by the forces of President Bashar al-Assad. Congress of the United States. For 53 nerve agent at a military research site in Finally, ‘‘Exclusive: Syrian Rebels years, through Democratic and Repub- Syria, raising suspicion that the government Backing Out of U.S. Fight Vs. ISIS.’’ lican majorities, through liberal and had not eliminated its chemical weapons stockpiles. Syrian rebels are backing out be- conservative, we have authorized. We cause they are not being protected by have authorized because our highest re- Mr. MCCAIN. On the front page of the the United States of America and being sponsibility is the security of this Na- New York Times this morning: ‘‘ISIS barrel-bombed. tion. Making Political Gains, Group Stakes So I will not even go into the crisis I urge all of my colleagues, if we Claim As Protector of Sunnis.’’ in the Far East, where China is now want to have this fight, have it on the Ideologically unified, the Islamic State is militarizing islands in international appropriations bill, the money bill. emerging as a social and political movement waters. in many Sunni areas, filling a void in the ab- This is authorization. For you to dis- sence of solid national identity and security. So here we are arguing about the way tort it in some way and to equate it At the same time, it responds brutally to the authorization for America’s defense with a funding mechanism, in my view, any other Sunni group, militant or civilian, is funded, and the minority leader just is intellectual sophistry. that poses a challenge to its supremacy. announced they would take a stand be- Mr. President, I yield the floor.

VerDate Sep 11 2014 04:32 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.002 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3736 CONGRESSIONAL RECORD — SENATE June 4, 2015 The PRESIDING OFFICER (Mr. Massachusetts police officer. That is VA and Congress are going to have to ROUNDS). The Senator from Rhode Is- the kind of terrorism a lot of people work together to get this project back land. are concerned about, and if we seques- on track. Finding the money to do this Mr. REED. Mr. President, the Sen- ter and cut off funding for the Depart- will be painful. It will be difficult, ator from Arizona is correct, every uni- ment of Justice and the FBI and the which is why we need to ensure that we formed Chief of service came before us Customs Service, et cetera, we will see account for every dollar that has been and said the greatest crisis facing the this threat growing. So this is about a spent. But failing to complete this hos- military process was sequestration, the broader view, a wider view, and the pital is not an option. It would be a Budget Control Act, and they asked us overall mass security of the United broken promise. Having a half-finished to change it, and we didn’t change it. States. hospital in Colorado would be a na- If we are going to change it, then we I know we have some votes pending, tional disgrace, and on behalf of our have to make every effort and take and I would like to go ahead and allow veterans, we cannot allow it to happen. every step to make those changes, and for my colleague to speak. It would be a disservice—worse than a that is the point I have tried to raise in Mr. MCCAIN. Mr. President, I ask disservice—a broken promise of the this committee—not by eliminating unanimous consent for 5 additional worst kind to the hundreds of thou- the funds available to the military but minutes—the vote was scheduled at a sands of veterans across the Rocky by making these funds subject to re- quarter after—an additional 5 minutes Mountain region and throughout the sponsible action with following the rein order to allow 3 minutes for the Sen- United States. quest of the defense officials to elimi- ator from Colorado and 3 minutes for I urge my colleagues to support this nate sequestration. I think we should the other Senator from Colorado. amendment. I wish to express my grat- do it as soon as possible. If we don’t The PRESIDING OFFICER. Without itude to my colleague from Colorado, take every opportunity to make that objection, it is so ordered. Senator GARDNER, for joining me on case and every action possible to make The Senator from Colorado. this important amendment. that case, then we will be essentially Mr. BENNET. I thank the Senator I yield the floor. rejecting the advice of our senior mili- from Arizona for that additional time The PRESIDING OFFICER. The Sen- tary leaders. and for his commitment and the rank- ator from Colorado. Suggesting that this bill is somehow ing member’s commitment to our na- Mr. GARDNER. Mr. President, I, too, so totally disconnected to the appro- tional security. I deeply appreciate it. echo the thanks to my colleague from priations process is belied by the title AMENDMENT NO. 1540 Colorado, Senator BENNET, for his lead- of the bill. This is an act to authorize Mr. President, I would like to talk ership on this effort. It is time that we appropriations for the fiscal year 2016 briefly about amendment 1540, which take the VA hospital from the thorn of for the military activities for the De- the Senate will consider shortly. I am the VA system to the crown of the VA partment of Defense, for military con- here with my colleague Senator GARD- system, which we know it will be once struction, the defense activities in the NER from Colorado. We are here on this it is completed. But in the meantime, Department of Energy. We are directly bipartisan amendment to require the there is a tremendous amount of work linked to the appropriations process. In Government Accounting Office to audit we have to do. I would like to thank the ideal world, the one that we au- the way the Veterans’ Administration the chairman of the Armed Services thorize and would like to see, nothing constructs major medical facilities and Committee for allowing this time can be appropriated, no dime can be help identify exactly where the money today on the floor. spent, unless we have authorized it. went on some of these projects. I would note that there are four What we have done, effectively, in The Veterans’ Administration is Members of this body who have actu- the bill—and I think it is not because building several major medical facili- ally visited the facility in Denver in reit is the chairman’s first choice but be- ties across the country, including one cent months. The Presiding Officer has cause it was the only available option in Aurora, CO. witnessed this hole in the ground right given the budget resolution—is that we The project in Colorado has been now that has already spent hundreds of have taken the overseas contingency grossly mismanaged leading to exces- millions of dollars, projected to be $1.73 account, bolstered it up dramatically, sive cost overruns. Other projects billion at this point. and set a new sort of pathway, which across the country have had similar We have talked about the need to next year, unless we resolve this issue problems for years. For years, our dele- complete it and have committed to of the Budget Control Act, we will gation and practically anyone who has that need to finish this project, along come back again with more money— been involved with the Aurora with the chairman of the Veterans’ and the following year. project—almost anybody who has driv- Committee, who has joined us on the Also, as has been pointed out, we will en by the Aurora project has pushed floor today, Senator ISAKSON, who is have situations where we will find the VA to acknowledge that there is here today with us, who is in support of some very strange things happening in actually a problem and to come up this amendment to bring more ac- our OCO account, because we can’t with a plan to fix it. Unfortunately, countability to the VA system so that fund legitimate concerns of the govern- the VA has so far failed to do this, and we can understand what went wrong ment in other areas because of caps. veterans across the Rocky Mountain when they were building not only the That is essentially what happened in region have continued to wait for this Aurora facility but what went wrong the eighties. That is why we have a sig- new medical center. around the country as project after nificant amount of medical research We should ensure and must ensure project has seen cost overruns and money in the Department of Defense— that the mistakes on the Aurora delays. not because the Department of Defense project never happen again, but we all Veterans gathered this past week in does it but because that was the only concluded that with greater account- Colorado to rally to finish the darn available option in the eighties and ability and transparency the right thing. We have a Veterans’ Administra- nineties to get money to where we thing to do is to move forward and tion that time and time again has thought we would need it. complete this critical facility. failed to take into account the nec- I think the other issue here, too, is As many of us have experienced up essary measures and policies to fix it very implicit in our activity, which is here, imposing accountability and and to prevent it from ever happening that this bill is aimed at the Depart- transparency on an enormous Federal again. With this amendment, we can ment of Defense and the military ac- bureaucracy is elusive and com- start to find out where they went tivities of the Department of Energy. plicated. The GAO has the necessary wrong and to hold them accountable. Our national security is much more expertise to identify realistic, hard re- When the only person who has been than that. The chairman read quite ac- forms and to make them stick. fired is the person who said we were curately reports about activity in the We have to hold the VA accountable going to have a problem, there is some- world, but up my way, in Roslindale, to our taxpayers so we can move for- thing wrong with that. MA, there was an alleged terrorist who ward to give the Rocky Mountain re- I commend Senator BENNET for his was confronted by an FBI agent and a gion’s veterans the care they need. The leadership on fixing this problem,

VerDate Sep 11 2014 00:11 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.009 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3737 building the hospital, and giving our list—nor the Army, for that matter— So for all of these reasons, I would veterans what they were promised. we really do not have a sense of the urge my colleagues to oppose the I thank the Presiding Officer for his priority. Is this the most important amendment. Later, there will be an op- time today. I thank the chairman of program that we can invest $371 mil- portunity for the Department of the the committee for enduring this con- lion in at this moment for the benefit Army to reprogram funds if it is nec- versation this morning. of the Army? Therefore, I am very con- essary. I yield the floor. cerned that we are sort of moving for- I think this should have been done in The PRESIDING OFFICER. Who ward without full and careful analysis the context of a careful review of all yields time? both by the Department of the Army their priorities so we know exactly FLOOR PRIVILEGES and by the committee, and we need, at where it stands. Again, I think we are Mr. MCCAIN. Mr. President, I have a this particular moment, this difficult putting too much pressure on this cur- list of staff members of the Committee time, to have that type of analysis. rency account. It might turn out to on Armed Services and I ask unani- The other issue here, too, is that this evaporate these supposed savings. is the first step in a multiyear process. mous consent that those staffers on the I yield the floor since I see the Sen- We are not quite sure how much addi- list be granted the privilege of the floor ator from Ohio has arrived. tional funding will be needed over the at all times during the Senate’s consid- The PRESIDING OFFICER. The Sen- next several years. It is clear from the eration of and votes relating to H.R. ator from Ohio. Army that additional funding will be 1735, the National Defense Authoriza- Mr. PORTMAN. Mr. President, yes- needed. terday I talked about an amendment tion Act for fiscal year 2016. So we are at this time, without the The list is as follows: that is absolutely crucial that we in- usual review by the Army and by the clude in this legislation. Again, I com- Barker, Adam; Barney, Steven; Bennett, committee, committing ourselves, per- mend the chairman, Senator MCCAIN, Jody; Borawski, June; Brewer, Leah; Brose, haps, to significant funding going for- Christian; Chuhta, Carolyn; Clark, Jon; and the ranking member, Senator Clark, Samantha; Davis, Lauren; Donovan, ward. The present estimate is that it REED, for their work on this underlying Matt; Edelman, Kathryn; Edwards, Allen; will cost $3.8 million per vehicle. The bill. But there is something missing, Epstein, Jonathan; Everett, Elizabeth; Goel, plan is to upgrade about 81 vehicles. and it is very clear to everybody who is Anish; Goffus, Tom; Greene, Creighton; But it is something that, again, could looking at this issue objectively, par- Greenwalt, Bill; Guzelsu, Ozge; Hayes, Jer- be more expensive and will commit us ticularly what is going on right now on emy; Hickey, James; Howard, Gary; Kerber, over several years. the eastern border of Ukraine. We do Jackie; King, Elizabeth; Kuiken, Mike. The funding—the vast majority of not have the ability in Europe, because Leeling, Gary; Lehman, John; Lerner, Dan- it—is going to be dedicated to one we have pulled our armored units out, iel; Lilly, Greg; McConnell, Kirk; McNamara, plant in a single State. Indeed, I think, to say with credibility that we have Maggie; Monahan, Bill; Nicolas, Natalie; generally and appropriately, it is a Noblet, Mike; Patout, Brad; Potter, Jason; the capacity to address the very real concern of the Senator from Ohio be- Quirk, John; Salmon, Diem; Sawyer, challenge now, unfortunately, that is cause most of the work will be done in Brendan; Sayers, Eric; Scheunemann, Leah; emerging in Europe. Ohio. I think, again, he should be com- Seraphin, Arun; Soofer, Rob; Sterling, Cord; Last night, as some of you know, mended for being interested in what is Waisanen, Robert; Walker, Barry; Walker, Russian and separatist forces launched Dustin; Wheelbarger, Katie; White, Jennifer. happening in his home State. an offensive again. I am told it is the The PRESIDING OFFICER. Without So I appreciate the demand, but I just do not think this has gone through largest attack since the February objection, it is so ordered. Minsk agreement. So this is just what The Senator from Rhode Island. the process sufficiently enough for us to make that type of commitment so many people predicted, including AMENDMENT NO. 1522 today on the floor, and I will be oppos- President Poroshenko and others in Mr. REED. Mr. President, the amending it right now. Ukraine, which is that things are heat- ment pending before us now is the I would also point out two other facing up again on the eastern border of Portman amendment proposed by the tors. First, the Army has the capa- Ukraine. The NATO forces—the United Senator from Ohio. We spoke about it bility going forward, if this program States of American in particular—need yesterday. becomes so critical and they raise it to to be sure they have in Europe the abil- First, let me recognize that he is try- the highest priority, to request a repro- ity to at least have some credibility to ing to assist the Army in modernizing graming of funds, to move money from say they can respond to this. the Stryker, which is a very critical one less significant priority to this pro- We have moved our armored units piece of equipment. But I want to reit- gram. That is an option they have, and out, meaning there are not Abrams erate some of the concerns I have that is an option they may well choose tanks there, except for a few units that about the amendment. I know Senator to use, but it will only be after their were up in the Baltics on a temporary PORTMAN will be here shortly to make careful consideration of the other pri- basis this spring. I visited them a cou- a final comment on the amendment. orities that are facing the Army. I ple of months ago. They are doing a The amendment would add $371 million think that is a better way to do it. terrific job, but they are leaving. of funding for procurement, research, The other factor I would point out is What the Army has said is, we want and development of the lethality up- that the pay-for for this program is the to allow our troops who are there to be grade to the Stryker program. foreign currency account. Basically, able to up-armor, particularly with a I do not have to tell anyone around that is a hedge within the Department weapon—a 30-millimeter cannon rather here that we are in a very tough budget of Defense for their international than a .50-caliber machine gun—on our situation. We have to look very closely transactions and the value of the U.S. Stryker vehicles to be able to have at every request. The traditional way dollar versus other currency. Well, the some credibility there, to be able to it is done is that there will be in the dollar is strong, and so there appears say that we have armored units in Eu- President’s budget the request by the to be additional excess funds in that rope that can respond to these new service department, including the De- account, but currency over the next challenges. The Army has asked for partment of Army, and then the Army year could change dramatically. We this. The Army wants this. They are will submit an unfunded requirements have already put significant pressure pleading for it because the soldiers who list—those priority elements that have on this supposed excess funding. We are there know they will not be able to not made the cut, if you will, in the have reduced by about $550 million the perform their mission without this en- President’s budget. That was done in request that the Department of De- hanced capability. March. I understand that this whole re- fense has made for this hedge fund, if We had this debate yesterday on the quirement for the Stryker lethality up- you will, against currency changes in floor. I do not think Senator REED and grade came in in April. There is an the world going forward in their acqui- other Democrats necessarily disagree issue of unfortunate timing. But, nev- sition process. I know the House has with the substance of this amendment. ertheless, because we did not have the used more. But I think we have been What they have said is they are con- opportunity to look at this as part of careful not to try to put too much cerned about the pay-for. Well, let’s the overall unfunded requirements weight on this account. talk about the pay-for. The pay-for is

VerDate Sep 11 2014 04:33 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.010 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3738 CONGRESSIONAL RECORD — SENATE June 4, 2015 taking this out of an account that is tified needing it later by 2020. Now, Mr. CORNYN. The following Senators already being used for other purposes. they need it now, and they need it now are necessarily absent: the Senator It is already being used by the House because the situation has changed in from South Carolina (Mr. GRAHAM), the Armed Services Committee. In fact, Europe. Senator from Nevada (Mr. HELLER), the House Armed Services Committee We have to be flexible to be able to and the Senator from Florida (Mr. has already taken more funds out of respond to that change. If we wait an- RUBIO). this account than all of the funds in other 12 months, another year to do Mr. DURBIN. I announce that the the SASC committee, the Senate com- this, who knows what is going to hap- Senator from California (Mrs. BOXER) mittee, plus this amount that I believe pen. But I know one thing, having been and the Senator from Virginia (Mr. ought to be taken out of this account. in Eastern Europe recently, I know WARNER) are necessarily absent. This is called the foreign currency fluc- those countries of Eastern Europe and, The PRESIDING OFFICER (Mrs. tuation account at the Department of in fact, those countries on the Euro- FISCHER). Are there any other Senators Defense. pean Continent—our NATO partners, in in the Chamber desiring to vote? The result was announced—yeas 61, GAO, which is the body that looks at particular, but also Ukraine—are look- nays 34, as follows: these issues from our perspective, from ing to the United States of America to a legislative branch perspective—they show that the commitment we have [Rollcall Vote No. 202 Leg.] are the auditors—GAO has estimated made on paper, to ensure we have that YEAS—61 that the Pentagon will have $1.86 bil- commitment in terms of our capability Alexander Enzi Murray Ayotte Ernst Paul lion in surplus from these fluctuations on the ground in Europe. Barrasso Fischer Perdue by the end of fiscal year 2016. Again, this is an issue where I think Bennet Flake Peters The PRESIDING OFFICER. The Sen- we should come together as Democrats Blunt Gardner Portman ator’s time has expired. and Republicans. It is a bipartisan Boozman Grassley Risch Burr Hatch Mr. PORTMAN. Mr. President, I ask amendment. I commend Senator Roberts Cantwell Heinrich Rounds unanimous consent for 3 additional Capito Hirono PETERS for identifying this need with Sasse Casey Hoeven minutes. the Army. Scott The PRESIDING OFFICER. Without Cassidy Inhofe I understand Senator REED’s concern Coats Isakson Sessions objection, it is so ordered. that this came late in the process, but Cochran Johnson Shelby Mr. PORTMAN. So GAO has looked it is here. The request has been made. Collins King Stabenow Sullivan at this. They have said there will be I would sure hope we would be able to Corker Kirk Cornyn Lankford Thune $1.86 billion in surplus in these fluctua- come together today, given what is Cotton Lee Tillis tion accounts at the end of fiscal year happening right now on the eastern Crapo McCain Toomey 2016. They have actually updated their border of Ukraine, to ensure that we Cruz McConnell Vitter figures now with even more recent Daines Moran Wicker send a strong message that, at a min- Donnelly Murkowski data, and they have just adjusted the imum, we are going to meet these re- 2016 surplus even higher to $2.02 billion. quirements that the Army has insisted NAYS—34 No one has produced a currency projec- they need to be able to give our troops Baldwin Kaine Reid tion to counter this GAO estimate. So Blumenthal Klobuchar Sanders what they need to be able to keep the Booker Leahy Schatz we are talking about over $2 billion in peace in this important part of the Brown Manchin Schumer this account that is available. world. Cardin Markey Shaheen By the way, the money we are talk- Carper McCaskill Tester I thank the Presiding Officer for the Coons Menendez ing about here is not going to be taken time. I urge my colleagues to support Udall Durbin Merkley Warren and used for other readiness priorities Feinstein Mikulski the amendment. Whitehouse Franken Murphy because the SASC bill has already I yield back the remainder of my Wyden swept up that money for readiness. Gillibrand Nelson time. Heitkamp Reed This money will be sitting in a reserve The PRESIDING OFFICER. The Sen- fund. The Pentagon does not need to be ator from Rhode Island. NOT VOTING—5 sitting on this size of a reserve fund— Mr. REED. Mr. President, again, I Boxer Heller Warner Graham Rubio essentially a slush fund—when we do recognize the way that the Senator have these needs that have been identi- from Ohio is articulating a need of the The amendment (No. 1522) was agreed fied. The Army has made a formal re- military. The question is how high the to. quest for these. They have asked for as- priority is. VOTE ON AMENDMENT NO. 1540 sistance here. These deployed units Just one point I wish to make is that The PRESIDING OFFICER. Under need this assistance. They said they we do understand acutely the crisis in the previous order, the question now need it. We ought to put this to good the Crimea, et cetera. The availability occurs on amendment No. 1540, offered use—namely, for an urgent require- of this equipment would not be instan- by the Senator from Rhode Island, Mr. ment like this one. taneous. It would take many months to REED, for Mr. BENNET. Again, if you look at the House bill do the upgrade, to do the evaluations, If there is no further debate, the versus the Senate bill, the House has et cetera. question is on agreeing to the amend- used more of this funding in this re- Again, I think the best approach ment. The amendment was agreed to. serve fund, this slush fund, than we would be to allow the Department of The PRESIDING OFFICER. The Sen- have used even when you include this the Army to make a judgment, to re- ator from Louisiana. additional requirement I am talking program, if necessary, and to get this AMENDMENT NO. 1473 TO AMENDMENT NO. 1463 about today. moving. Mr. VITTER. Madam President, I ask So this notion that somehow we can- With that, I yield the floor. unanimous consent to set aside the not do this because the offset is not The PRESIDING OFFICER. Under pending amendment in order to call up good—it just does not make any sense. the previous order, the question occurs amendment No. 1473. It does not fit with what GAO has said, on agreeing to amendment No. 1522, of- The PRESIDING OFFICER. Is there and it does not fit with what the House fered by the Senator from Ohio, Mr. objection? has done. So I do not know what the PORTMAN. Without objection, it is so ordered. objection is, but I tell you what—if you Mr. PORTMAN. Mr. President, I ask The clerk will report. vote against this, then you are saying for the yeas and nays. The senior assistant legislative clerk that our troops in Europe ought not to The PRESIDING OFFICER. Is there a read as follows: have the capability that they have sufficient second? The Senator from Louisiana [Mr. VITTER] asked for, that they need. There appears to be a sufficient sec- proposes an amendment numbered 1473 to Admittedly, this came late. I am ond. amendment No. 1463. sorry about that. It should have come The clerk will call the roll. Mr. VITTER. I ask unanimous con- with it sooner. This was a requirement The senior assistant legislative clerk sent that the reading of the amend- they had identified, but they had iden- called the roll. ment be dispensed with.

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.012 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3739 The PRESIDING OFFICER. Without submit to the congressional defense commit- AMENDMENT NO. 1494 objection, it is so ordered. tees a report on the reduction. Mrs. SHAHEEN. Madam President, I The amendment is as follows: (2) ELEMENTS.—Each report submitted rise to discuss amendment No. 1494, under paragraph (1) shall include the fol- (Purpose: To limit the retirement of Army which I believe would move our Nation lowing: combat units) (A) A list of each major combat unit of the one step closer toward finally securing On page 38, line 12, insert after ‘‘FIGHTER Army that will remain after the reduction, equal protection under the law for vet- AIRCRAFT’’ the following: ‘‘AND ARMY COMBAT organized by division and enumerated down erans in the United States. I thank the UNITS’’. to the brigade combat team-level or its other cosponsors of this amendment, On page 43, between lines 3 and 4, insert equivalent, including for each such brigade Senators LEAHY, DURBIN, BROWN, the following: combat team— HIRONO, BLUMENTHAL, BALDWIN, (e) MINIMUM NUMBER OF ARMY BRIGADE (i) the mission it is assigned to; and SCHATZ, PETERS, GILLIBRAND, MARKEY, COMBAT TEAMS.—Section 3062 of title 10, (ii) the assigned unit and military installa- WHITEHOUSE, COONS, WYDEN, FRANKEN, United States Code, is amended by adding at tion where it is based. MURPHY, MURRAY, and BOXER. the end the following new subsection: (B) A list of each brigade combat team pro- ‘‘(e)(1) Effective October 1, 2015, the Sec- posed for disestablishment, including for This amendment would end the cur- retary of the Army shall maintain a total each such unit— rent prohibition on benefits for gay and number of brigade combat teams for the reg- (i) the mission it is assigned to; and lesbian veterans and their families who ular and reserve components of the Army of (ii) the assigned unit and military installa- live in States that do not recognize not fewer than 32 brigade combat teams. tion where it is based. same-sex marriage. My amendment is ‘‘(2) In this subsection, the term ‘ brigade (C) A list of each unit affected by a pro- combat team’ means any unit that consists based on the Charlie Morgan Military posed disestablishment listed under subpara- of— Spouses Equal Treatment Act, which I graph (B) and a description of how such unit ‘‘(A) an arms branch maneuver brigade; was proud to reintroduce earlier this is affected. ‘‘(B) its assigned support units; and year. (D) For each military installation and unit ‘‘(C) its assigned fire teams’’. The bill is named for Charlie Morgan, listed under subparagraph (B)(ii), a descrip- (f) LIMITATION ON ELIMINATION OF ARMY tion of changes, if any, to the designed oper- a former soldier and chief warrant offi- BRIGADE COMBAT TEAMS.— ational capability (DOC) statement of the cer in the New Hampshire National (1) LIMITATION.—The Secretary of the unit as a result of a proposed disestablish- Guard and the Kentucky National Army may not proceed with any decision to ment. Guard. Charlie was a military veteran reduce the number of brigade combat teams (E) A description of any anticipated for the regular Army to fewer than 32 bri- with a career spanning more than 30 changes in manpower authorizations as a re- gade combat teams. years. I first met Charlie in 2011. She sult of a proposed disestablishment listed (2) ADDITIONAL LIMITATION ON RETIRE- was on her way home from deployment under subparagraph (B). MENT.—The Secretary may not eliminate in Kuwait, and she had just been diag- any brigade combat team from the brigade Mr. VITTER. Madam President, I nosed for a second time with breast combat teams of the regular Army as of the will return to the floor soon to lay out cancer. Concerned for her wife Karen date of the enactment of this Act until the more fully what this amendment does. and their young daughter’s well-being, later of the following: Fundamentally, it tries to protect our Charlie became an outspoken critic of (A) The date that is 30 days after the date force structure, our personnel and, in the Defense of Marriage Act, which at on which the Secretary submits the report particular, the core component of bri- required under paragraph (3). the time prohibited her spouse and gade combat teams as the Pentagon— child from receiving the benefits that (B) The date that is 30 days after the date the Defense Department—deals with on which the Secretary certifies to the con- she had earned during her service. gressional defense committees that— curtailed resources. Sadly, Charlie did not live to see the (i) the elimination of Army brigade combat I am very concerned, as are so many Supreme Court overturn the Defense of teams will not increase the operational risk of us, that as defense budgets are cut, Marriage Act in 2013. However, because of meeting the National Defense Strategy; personnel and core resources in terms of her example, her leadership, and her and of end strength, including brigade com- courageous advocacy, our Nation took (ii) the reduction of such combat teams bat teams, will suffer cuts that go well another historic step toward ensuring does not reduce the total number of brigade beyond fat and into meat and bone. We equal treatment and civil rights for all. combat teams of the Army to fewer than 32 need to limit that. We need to avoid Despite the Supreme Court’s over- brigade combat teams. that. This amendment would do that (3) REPORT ON ELIMINATION OF BRIGADE COM- turning the Defense of Marriage Act, with regard to brigade combat teams. there are still provisions remaining in BAT TEAMS.—The Secretary shall submit to It does not increase spending. It re- the congressional defense committees a re- the U.S. Code that deny equal treat- port setting forth the following: tains as much flexibility as possible for ment to LGBT families. One of those (A) The rationale for any proposed reduc- the Department of Defense. I think it provisions is in title 38, which deals tion of the total strength of the Army, in- meets an important goal in a balanced with veterans benefits. cluding the National Guard and Reserves, and reasonable way. I look forward to Today, if you are a gay veteran living below the strength provided in subsection (e) continuing this discussion toward a in a State such as New Hampshire that of section 3062 of title 10, United States Code vote in favor of this amendment. recognizes same-sex marriage, your (as amended by subsection (e) of this sec- I yield the floor. family is entitled to all the benefits tion), and an operational analysis of the The PRESIDING OFFICER. The Sen- you have earned through your military total strength of the Army that dem- ator from Arizona service. However, a veteran with the onstrates performance of the designated mis- Mr. MCCAIN. Madam President, for sion at an equal or greater level of effective- the benefit of Members, and in agree- exact same status, the same service ness as the personnel of the Army so re- ment with Senator REED, we will be record, the same injuries, the same duced. having the Shaheen amendment, fol- family obligations, but living in a (B) An assessment of the implications for lowed by side-by-side Markey and Cor- State that does not recognize same-sex the Army, the Army National Guard of the marriage will receive less. United States, and the Army Reserve of the nyn amendments. And those votes, we are planning on, but haven’t confirmed, The impact of this discrimination is force mix ratio of Army troop strengths and very real. Monthly benefits are less, combat units after such reduction. will probably be at around 1:45 p.m., (C) Such other matters relating to the re- and that would complete our activities. spouses and children are not eligible duction of the total strength of the Army as That is not totally agreed to, but that for medical care at the VA, and fami- the Secretary considers appropriate. is the plan. lies are not eligible for the same death (g) ADDITIONAL REPORTS.— Mr. REED. Madam President, also I benefits. (1) IN GENERAL.—At least 90 days before the believe we anticipate taking up by There are even reports that the VA date on which the total strength of the voice vote the Tillis amendment. has required gay veterans to pay back Army, including the National Guard and Re- benefits because their State will not serves, is reduced below the strength pro- Mr. MCCAIN. We will voice vote the Tillis amendment, and we will be look- recognize their marriage. In one case, a vided in subsection (e) of section 3062 of title young woman—a 50-percent disabled 10, United States Code (as amended by sub- ing, hopefully, at a manager’s package, section (e) of this section), the Secretary of as well. combat veteran—was initially ap- the Army, in consultation with (where appli- I yield the floor. proved for benefits for her wife and cable) the Director of the Army National The PRESIDING OFFICER. The Sen- child but later told by the VA that be- Guard or Chief of the Army Reserve, shall ator from New Hampshire. cause of where she lived and whom she

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.014 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3740 CONGRESSIONAL RECORD — SENATE June 4, 2015 loved, she was not only going to lose a I yield the floor. It is called the Brent price. The Brent portion of her benefits but the VA was The PRESIDING OFFICER. The Sen- price is the world price of oil. That also going to withhold her future pay- ator from New Hampshire. price is traditionally higher, much ments until she paid the VA back. This Mrs. SHAHEEN. Madam President, I higher than the price of crude oil in the is just disgraceful—to cut the benefits thank Senator REED, the ranking mem- United States that is produced in the earned by a combat veteran and then ber of the Armed Services Committee, United States. That is West Texas in- also require that she pay back the VA, who has a distinguished military ca- termediate. That is a price set in Cush- all because of whom she married and reer of his own, for his support of this ing, OK. where she lives. Perhaps the most frus- effort and his understanding of how im- If you are an oil company, you want trating part of this story is knowing portant this is to so many veterans to get our U.S. crude out on the world that if this woman moved across the who have served. market because they will then be able border to another State, she would The PRESIDING OFFICER. The Sen- to sell it for a much higher price. What have no problems with the VA. ator from Massachusetts. is wrong with that? What is wrong with My amendment would fix this issue AMENDMENT NO. 1645 TO AMENDMENT NO. 1463 that is that the American consumers for these men and women who have Mr. MARKEY. Madam President, I will not get that oil at the lower price, volunteered to serve in our Armed ask unanimous consent to set aside the and we will still have to import oil into Forces. They have volunteered to put pending amendment and call up the our country because we are still short themselves in harm’s way, to leave following amendment: Markey No. 1645. by millions of barrels of oil per day. their families and their homes, and to The PRESIDING OFFICER. Is there The consumer in America is the one travel around the world to protect objection? who will be paying this tax on their America and our way of life. Yet they Without objection, it is so ordered. price at the pump. That is the essence are being deprived of the very rights The clerk will report. of what this whole strategy is about. It they have risked their lives to protect. The legislative clerk read as follows: is to get the oil companies the highest So again, let’s be clear what we are The Senator from Massachusetts [Mr. price for the oil which is on the world talking about. The Supreme Court has MARKEY] proposes an amendment numbered market. But who is going to pay? Who ruled it is unconstitutional to deny 1645 to amendment No. 1463. is going to have their pockets tipped Federal benefits to legally married, Mr. MARKEY. I ask unanimous con- upside down at the pump and have same-sex couples and their children. sent that reading of the amendment be money shaken out of them so they Yet, due to unrelated provisions of the dispensed with. have to pay a higher price? It will be Federal Code, State legislatures have The PRESIDING OFFICER. Without the consumers. the ability to indirectly deny Federal objection, it is so ordered. If we want to give more money to the benefits to certain disabled veterans The amendment is as follows: defense budget, let’s just do it. Let’s and their families solely because they (Purpose: To express the sense of Congress have a big debate about increasing the are in a same-sex marriage. It is unjust that exports of crude oil to United States defense budget. Let’s have that debate. and, according to the Supreme Court, allies and partners should not be deter- But let’s not have the American con- it is unconstitutional. mined to be consistent with the national sumer at the pump be a special tax interest if those exports would increase en- Now, my amendment is not new to ergy prices in the United States for Amer- that is imposed in order to help our al- the Senate. Last Congress the Vet- ican consumers or businesses or increase lies overseas. Ultimately, of course, erans’ Affairs Committee approved it the reliance of the United States on im- there is a beautiful access there where by a voice vote, and earlier this year, ported oil) the oil industry is saying: Yes, sir, we 57 Senators voted in favor of a budget At the end of subtitle G of title X, add the are willing to put our crude oil on ships resolution amendment on this issue. following: and send it overseas. Now, when we vote—hopefully very SEC. 1085. SENSE OF CONGRESS REGARDING EX- It is just a bad, bad economic policy soon on this amendment—Senators will PORTS OF CRUDE OIL. for our country. We are already paying have the opportunity to end an unjust It is the sense of Congress that exports of a high price at home. This exportation and unconstitutional provision of law crude oil to allies and partners of the United of our oil would also defy what our own States should not be determined to be con- Department of Energy is saying. Our that discriminates against veterans. sistent with the national interest and the Many of us talk about the need to purposes of the Energy Policy and Conserva- Department of Energy is saying that in honor the service of our veterans and tion Act (42 U.S.C. 6201 et seq.) if those ex- 2020, our oil production in America is to make sure they have access to the ports would increase energy prices in the going to peak, and then we are going to care they deserve, and we should all do United States for American consumers or begin to go down once again in our oil that. But if you believe that all vet- businesses or increase the reliance of the production. erans, regardless of their sexual ori- United States on imported oil. Who is saying this? Our Government. entation, deserve equal access to the Mr. MARKEY. Madam President, Who is saying this? The Energy Infor- benefits they have risked their lives what we are about to do is have a dis- mation Administration of the United for, regardless of where they live, then cussion about whether the United States of America. What we are engag- you will vote in favor of this amend- States of America should start exporting in here is a premature attempt to ment. ing our oil—exporting our oil. export oil with the likelihood that by I strongly urge my colleagues to sup- The United States right now, along 2019 and 2020 our oil production is going port passage of this amendment when with China, is the largest importer of to start to go down again. it comes up for a vote. oil in the world. We are not exactly at It also hurts our domestic oil refin- I yield the floor. but very near to the level of imports of ing industry. The Energy Information The PRESIDING OFFICER. The Sen- oil in our country that we were back in Administration has found that lifting ator from Rhode Island. 1975 when we put a ban on the expor- this ban on the exportation of our own Mr. REED. Madam President, I rise tation of oil in our country. domestic crude could lead to a funda- to commend the Senator from New Why is that important? It is impor- mental reduction in the amount of in- Hampshire. I think one of the best indi- tant for a lot of reasons. No. 1, if we vestment made by the American refin- cations of the appropriate direction of begin to export our oil in the United ing industry here on our own soil. this policy is that the Department of States, a new Barclays report found Some $9 billion less would be invested Defense extends benefits regardless of that the U.S. consumer last year saved because the oil would be sent overseas. State law to all military personnel. $11.4 billion at the pump because of the The crude oil would get refined over- Consistent with the Department of De- lowest U.S. crude prices in a long time, seas. It would not be refined here in fense, this should be done by the De- and we would potentially save upwards our own country with American work- partment of Veterans Affairs. of $10 billion in prices for consumers at ers and American companies doing it So I commend the Senator. I think it the pump in the United States of here on our own soil, helping our econ- is the right thing to do and the con- America. omy here. sistent thing to do and the logical We understand the oil industry. Here This decision, by the way, that Mem- thing to do. is what happens. The world price is set. bers are going to be asked to make

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.016 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3741 today is opposed by the AFL–CIO, it is are going to have to import another to start an economic policy of export- opposed by the steel workers, it is op- barrel of oil from some other place. ing imported oil while we still need to posed by the League of Conservation We should have the debate here on import it. Voters, by the Sierra Club, by Public the Senate floor about where that oil This issue, to me, is central to our Citizen, and by an entire group of will be coming back into our country overall long-term national security and American refiners. because we still need 3 million, 4 mil- economic interests, and I urge an aye This is no radical coalition that has lion extra barrels of oil a day. That is vote on the amendment. been put together. It is a broad base of a national security consideration that I ask for a rollcall on the amend- interest in our own country that wants we have to deal with. Which country ment, Madam President. to make America stronger. How in the are we going to call up? Which country The PRESIDING OFFICER. Is there a world can we be strong if we are ex- are we going to ask to send us their sufficient second? porting oil while we are still importing oil? What are the implications for our At the moment there is not a suffi- oil? We will have to import the same national security of having phone calls cient second. Mr. MARKEY. Madam President, I amount that we are now exporting go to country after country—probably suggest the absence of a quorum. not just the oil companies but our gov- under this amendment that is being The PRESIDING OFFICER. The made by the Senator from Texas, and ernment beginning new negotiations to clerk will call the roll. we will wind up with, ultimately, the get even more oil to come here as we The legislative clerk proceeded to price being paid by the American con- export the oil that we should be keep- call the roll. sumer at the pump. ing here. Mr. BARRASSO. Madam President, I From my perspective, this is about as The Saudis have been our friends, ask unanimous consent that the order desperate an attempt as the oil indus- historically. We have no guarantee for the quorum call be rescinded. try can have to get out from under- that the Saudis are going to even be The PRESIDING OFFICER. Without neath the 1975 law. They have been running that country. Let’s be honest objection, it is so ordered. looking for an opportunity. But, obvi- about it. Let’s talk about that. Let’s OBAMACARE ously, the instability in the Middle debate it. ISIS has taken over oil fields Mr. BARRASSO. Madam President, East should make us very cautious at in Syria. ISIS has taken over areas of this morning, Majority Leader MCCON- this time. The oil fields of Saudi Ara- oil production in Iraq. Let’s have a de- NELL spoke about the skyrocketing bia are now very vulnerable. They are bate about that. That is what we costs, the broken promises, and the re- right on the border. The Houthis being should be debating. How is that oil now peated failures of the President’s supported by Iran, right at the bottom funding ISIS? How is that oil now health care law. He pointed out specifi- of the Red Sea, makes that juncture being used by Iran, potentially, in cally how so many Americans are fac- very vulnerable to a cutoff of oil com- Yemen and in other parts of the world ing double-digit premium increases being into the world economy. This Shi- to undermine American interests? cause of ObamaCare. In his home State ite-Sunni war is something that we In one part of the world, Yemen, we of Kentucky, some people face pro- have to be very conscious of because want to back the Sunnis against the posed increases as high as 25 percent. ISIS is targeting those areas in Syria, Shiites. In Iran, we are backing mod- He noted that some people in Indiana in Iraq, and in Yemen that have oil re- erate Sunnis against Shiites. In Iraq could be hit with a 46-percent jump in sources. we are backing the Shiites against rad- their premiums. We need a big debate in our country ical Sunnis, trying to get moderate So how did Democratic Leader REID about oil and war in the Middle East. Sunnis to help us. All of it, by the way, respond to the news of double-digit pre- We are at a pivotal point here where is with oil as—if not the central issue, mium increases? He said people are ex- the Ottoman Empire and all of the then one of—the central issues in each tremely satisfied with health care. He lines that were drawn 100 years ago are one of these countries. To have a reso- said the people Majority Leader being erased and with that the protec- lution here today and to be saying that MCCONNELL spoke about are having in- tion of oil resources in the Middle East. we should be exporting oil—no, ladies creases that are ‘‘very, very minimal.’’ We should not just have a debate on and gentlemen, that is not how we I wish to repeat that. The Democratic the Senate floor about cavalierly lift- should be discussing this issue. leader, on the floor of the Senate ing the ban on the exportation of oil. How did we get into the Middle East? today, called premium increases of 25 We should have a debate about what We got into the Middle East, yes, pro- and 46 percent very, very minimal. this war in country after country and tecting Israel, but we got in because of What world is he living in? How on oil area after oil area means for our our addiction to oil—not my words, Earth can Senate Democrats believe country. President Bush’s words. We have to Americans are satisfied with their I would say to you that we should err break our dependence upon imported health care when they are facing dou- in a way that is going to protect our oil. Increasing fuel economy standards ble-digit premium increases? How on own economy. That is what makes us is a big part of it. Having this fracking Earth can the Senate Democratic lead- strong. That is what makes it possible revolution continue to produce more er believe these increases are very, for us to project the power around the oil here domestically is a big part of it. very minimal? They are shocking. world. It is that we are the strongest Investing in renewables and energy ef- The Democrats have their head in economy in the world, and the indis- ficiency is a big part of it. But we are the sand about the health care law. We pensable life’s blood of economic still at the earliest stages of this strat- can pick up Investor’s Business Daily, growth is low-energy cost for every sin- egy. When we have completed it, when Monday, June 1: ‘‘ObamaCare gle industry and every single con- we know we are successful, then let’s Deductibles Soaring to $6,500 for Sil- sumer. It puts more money in their talk about the generosity that we are ver-Level Plan.’’ pockets. going to expect from American con- Pick up the Wall Street Journal, Fri- This decision that the amendment of sumers at the pump to pay higher day, May 22: ‘‘Health Insurers Seek Big the Senator from Texas asks us to prices for gasoline. Increases.’’ make will send us in the wrong direc- Again, this is an issue that the Amer- Investor’s Business Daily today: tion. This is a disaster for consumers ican people overwhelmingly want to ‘‘ObamaCare Enrollment Mystery: 2 in our country. It is a disaster for the see resolved in a way that keeps Amer- Million Young Adults Missing.’’ They refiners in our country, and it is a dis- ican oil in America. If we are going to are not signing up, and there are plen- aster for the national security of our continue to export young men and ty of good reasons why. It is not be- country. We should keep our resources women from America over to the Mid- cause it is a good deal for them. here at home for American families, dle East, then we should not be export- No matter how bad it gets, no matter American businesses, to enhance our ing our oil at the same time. That how unaffordable it is, President national security using America and makes no sense—no sense. It is dis- Obama and the Democrats in Congress our economy as the basis for how we respectful to the sacrifice young men absolutely refuse to face the reality. project power around the world. For and women are making in the Middle They refuse to help Americans who every barrel of oil that we export, we East in order to protect our interests continue to be hurt by this law.

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.020 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3742 CONGRESSIONAL RECORD — SENATE June 4, 2015 I wish to speak a little bit about the Let’s say there is a 40-year-old non- 6.7 percent. Imagine how tough it is reality of the law and why Republicans smoker living in Annapolis, MD. He going to be for families all around the are committed to helping all Ameri- buys a silver plan from CareFirst country who will have to pay 20 or 30 or cans finally have access to affordable BlueCross BlueShield, which is the big- 40 percent more next year for their care. gest insurer in Maryland and the most Obamacare-mandated insurance. Thou- We all remember when President popular kind of plan. According to the sands of families across the country Obama promised that his health care Wall Street Journal study, those rates are facing these shocking rate in- law would cause insurance premiums would go from about $2,900 for the year creases, and it might be just the begin- to go down—down—by an average of to nearly $3,700 next year. That is an ning. $2,500 per year, per family. So where do $800-a-year increase. The President Sometime this month, the Supreme we stand now? A couple of weeks ago promised it would go down $2,500, and Court is expected to decide an impor- was the deadline for insurance compa- now it has gone up $800. That is how ex- tant case called King v. Burwell. This nies to say what they intended to pensive ObamaCare has become. It is case is about the subsidies some people charge people for health care next far more costly than people thought it get to pay Obamacare’s alarmingly year. This is the first time companies was going to be, than the insurers high costs. The health care law said have been able to set their prices based thought it was going to cost, and far that Washington could subsidize the on a full year of information about how more costly than the American people premiums of people who buy insurance much ObamaCare actually costs. From were told it was going to be. through its exchanges established by I have heard some Democrats who what we have seen so far, the cost is the States. President Obama knew that support this law say these are just the enormous. A lot of Americans are wouldn’t be enough because he knew requested rates. They say we shouldn’t going to be shocked by how much more his law was going to make insurance worry because State insurance agen- their health insurance will be. premiums skyrocket, so he told his ad- cies won’t allow these huge rate in- These higher premiums are just the ministration to use taxpayer dollars to creases to take effect. Well, CareFirst, latest evidence that ObamaCare is an subsidize insurance in the Federal ex- the company in Maryland that wants a expensive failure. We have seen reports change as well. Democrats in Congress 30-percent rate increase next year, about the largest insurance company wrote the law to allow subsidies for one raised its rates 16 percent last year. in New Mexico saying it wants to raise group, and then the President then de- rates by almost 52 percent next year. Hard-working people across the country are going to have to pay these cided to pay them out for another The biggest insurer in Tennessee wants group. So if the Supreme Court decides to raise its rates 36 percent. In Mary- enormous premiums because the Presi- dent mandates they buy it. And many that the President overstepped his au- land, the largest insurer is planning to thority, there are going to be a lot of increase premiums by more than 30 of them still won’t be able to actually use their insurance because the people who could be facing paying the percent. Yet, we hear Senator REID on full cost of their Obamacare plans the floor of the Senate this morning deductibles and the copays are so high. This year, the average deductible for without the subsidy. They are going to saying these things don’t matter. see just how expensive this Obamacare People who are in the President’s an ObamaCare silver plan is almost $3,000 per person and more than $6,000 insurance is and just how destructive home State of Illinois right now are the Democrats’ health care law has facing an average premium increase of per family. One has to ask, why are costs going been. 30 percent. It seems as though there is up so much so fast? That is what a Let’s face it. In spite of what the mi- another headline every day about how radio station in Kansas City, MO, nority leader says on the floor of the expensive health care insurance is be- KCUR-FM, asked. They reported last Senate, Obamacare has been a disaster. coming. week, on May 27, that premiums for It is bad for patients. It is bad for pro- The Wall Street Journal Tuesday: some plans in Kansas are going to go viders. It has been terrible for the ‘‘Insurers Seek Big Premium In- up 38 percent. According to the radio American taxpayers, hard-working creases.’’ Americans who work every day to try I know there are some supporters of station, the increases ‘‘appear to be to put food on the table and pay their the law who like to say lots of people driven by requirements in the Afford- taxes. have insurance under ObamaCare. How able Care Act, also known as Republicans are offering better solu- many of them are actually going to be Obamacare.’’ That is what they report. The Kansas State Insurance Depart- tions, real solutions that will end these paying these double-digit rate in- ment said it was because of things like outrageous and expensive Obamacare creases next year because of all of the coverage mandates in the side effects. That means giving Ameri- ObamaCare? That is what Americans law. Families are now paying for cov- cans freedom, choice, and control over want to know. erage that is more than they need, On Monday, the Obama administra- their health care decisions. Repub- more than they want, and more than tion released information on rate hikes licans understand that hard-working they can afford. A spokesman for the for people living in about 41 States. It American families can’t afford State insurance agency in the State of turns out that 676 different insurance Obamacare any longer. Kansas told the radio station, ‘‘These Democrats need to admit that their plans—different ObamaCare insurance things cost money.’’ plans—offered for sale in these 41 health care law has been and continues What do people think about these to be an expensive failure. If they are States plan to raise their rates by dou- enormous increases in their premiums? ble digits—by at least double digits. ready to do that, then Republicans will Are people happy because of all the work with them to help give people the The average increase is 21 percent. extra money they have to pay because About 6 million people getting their in- care they need from a doctor they of Obamacare? choose at lower cost. surance from these plans will face dou- Let’s look at Connecticut. In Con- Thank you, Madam President. ble-digit rate increases next year. Do necticut, they have been writing to the Democrats who voted for ObamaCare State insurance department, and they I yield the floor. think a 21-percent rate increase is af- are angry and frustrated about the The PRESIDING OFFICER. The Sen- fordable? Do they think a double-digit Obamacare price hikes. ator from New York. premium increase will help these 6 mil- One person wrote, ‘‘I find it out- Mrs. GILLIBRAND. Madam Presi- lion hard-working Americans? rageous that the rates for 2016 are dent, I rise today to speak on my These numbers are so large, it is hard going to increase by 6.7 percent,’’ amendment No. 1578, the Military Jus- to even understand what they mean for which was the request in Connecticut. tice Improvement Act, to ensure that a typical person. What does it mean The person goes on: survivors of military sexual assault that health insurance policies in Mary- Where do you think that I am going to get have access to an unbiased and profes- land might have an average rate in- that money? I do not get a raise every year sionalized military justice system. crease of 30 percent? How does that im- based on your ‘‘every year’’ rate increases. Last year, despite earning the sup- pact someone’s life, their quality of So this is somebody who is having a port of 55 Senators—a coalition span- life? hard time with a rate increase of only ning the entire ideological spectrum,

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.021 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3743 including both the majority and minor- We can accept a system where women cases that did proceed to trial but ity leader—our bill to create an inde- who were sexually harassed were 1,400 failed to obtain a sexual assault con- pendent military justice system, free percent more likely to be sexually as- viction typically resulted in a more le- of the inherent bias and conflicts of in- saulted that same year or we can act. nient penalty, such as reduction in terest within the chain of command, We can accept a climate where super- rank or docked pay. fell short of overcoming the 60-vote fil- visors and unit leaders were respon- There was a new report published by ibuster threshold. But, as we said then, sible for sexual harassment and gender the Human Rights Watch. They issued we will not walk away. We will con- discrimination in nearly 60 percent of a report which told us that service- tinue to fight to strengthen our mili- all cases or we can act. members who reported a sexual assault tary because that is our duty. My friends, I believe it is time that were 12 times more likely to suffer re- It is our oversight role in Congress to we provide our servicemembers with an taliation than to see their offender get act as if the brave survivors are our unbiased justice system, one that is convicted of the sexual offense. Let me sons and daughters, our spouses who professionalized, where the decision- repeat that. A survivor who reports a are being betrayed by the greatest maker is trained in military justice. It sexual assault is 12 times more likely military on Earth. We owe them at is time to finally listen to the sur- to see retaliation than to see justice. least that. vivors who have told us over and over How can anyone say this is a system Over the last few years, Congress has again that this reform is required to our survivors can actually have faith forced the military to make many in- instill long-lost confidence in the sys- in? cremental changes to address this cri- tem. Despite the DOD’s reported 62 per- sis. After two decades of complete fail- It is very much time to do the right cent retaliation rate—and this is so ure and lipservice to ‘‘zero tolerance,’’ thing and act because every time we troubling—there was not evidence of a the military now says essentially: look at this problem, it seems to get single serious disciplinary action Trust us. We have got this. worse. My office just reviewed 107 sex- against anyone for retaliation. Not They spin the data, hoping nobody ual assault case files from the largest one. There was not one disciplinary ac- will dig below the top line because base in each of the services. We re- tion for 62 percent of survivors who when you do, the clear conclusion is quested these files, and that was for 1 were retaliated against. That borders that survivors still have little faith in year of sexual assaults. We requested on the impossible. But the reality is, the system and that the military has the data to understand what actually without independent review, we are ac- not actually made a dent in the prob- happens once the reports are filed, how tually relying on commanders to lem. Even after much-lauded reforms, they are investigated, and how they charge themselves with retaliation. It the estimate for 2014 is 20,000 cases of move forward within the military jus- doesn’t make any sense. sexual assault and unwanted sexual tice system to see if there is any other According to the DOD’s own SAPRO contact—the same level as 2010—an av- challenges we have to address. It took report, retaliation remains at 62 per- erage of 52 a day. A much-touted re- the Pentagon a year to respond to my cent for women. Over one-third experienced administrative action, and 40 form made retaliation a crime. That document request. These 107 files are percent faced other forms of profes- made a lot of sense, but a sky-high 62- just a snapshot of the thousands of es- sional retaliation. That means your job percent retaliation rate remains un- timated cases that occur annually. What we found, which was unex- changes in some meaningful way. changed from 2 years ago. DOD admits they have made zero The system remains plagued with pected, was an alarming rate of as- progress since 2012. distrust and does not provide the fair saults among two survivor groups who The carefully crafted and widely bi- and just process the survivors deserve. are not represented in the DOD survey. partisan Military Justice Improvement Simply put, the military has not held The DOD survey is all servicemembers. Act is designed to reduce the systemic up to the standards posed by General But what we found is that civilian failure that survivors of military sex- Dempsey 1 year ago when he said, ‘‘We women and military spouses are not ual assault describe, in deciding wheth- are on the clock if you will . . . the counted in that survey, and of these 107 er to report the crimes committed President said to us in December, cases, in 53 percent of them, the sur- against them, due to the bias and in- you’ve got about a year to review this vivor was either a military spouse or a herent conflicts of interest posed by thing . . . and if we haven’t been able civilian. These two categories of sur- the military chain of command’s cur- to demonstrate we are making a dif- vivors are hidden in the shadows. rent sole decisionmaking power over ference, you know, then we deserve to According to the DOD themselves, whether a case moves forward. This re- be held to the scrutiny and standard.’’ the real scope of this problem, unfortu- form actually protects both the victim So I am urging my colleagues to hold nately, is much larger than the 20,000 and the accused. We do not want to see the military to that standard. Enough that were estimated for last year an innocent person convicted any more is enough with the spin, the excuses, alone. These obviously aren’t just num- than we want to see a guilty person go and the promises, because throughout bers; these are real lives being broken, free. the last year, we have continued to see and they deserve a fair shot at justice. Due process, professionalism, train- new evidence of how much further we It should disturb everyone in this ing, equal opportunity to justice is how actually have to go to solve this prob- Chamber that instead of hope for jus- we restore a broken system. It is time lem. tice at these four military bases, near- to move the sole decisionmaking power We have a very simple choice. We can ly half of the survivors who initially over whether serious crimes akin to a keep waiting, hoping that the reforms filed a complaint—some of them going felony go to trial from the chain of we put in place—that we actually through the medical exam, going command into the hands of nonbiased, forced the military to put in place— through testimony, going through evi- professionally trained military pros- will somehow restore trust in the sys- dence—nearly half who filed withdrew ecutors, where it belongs. And we do tem, while an average of 52 new lives their complaint during the process be- this while leaving military crime in are shattered every day, three-quarters fore trial. What does that tell us? Is the chain of command. So we com- of whom will never come forward be- there a form of retaliation taking pletely carve-out anything that is mili- cause they see what happens around place? Is it just a lack of faith in the tary-related, such as missing in action them and they don’t trust the system system? To have about half of these or not honoring a command. In fact, and don’t see how justice is possible be- cases not move forward is very trou- the decision whether to prosecute the cause commanders hold all the cards, bling. vast majority of crimes, including 37 or we can do the right thing and act. Even when a case did move forward, serious crimes uniquely military in na- We can accept a system where, ac- just over 20 percent of them went to ture, plus all punishable crimes that cording to the DOD themselves, three trial, and only 10 percent of these cases have less than a year of confinement as out of four servicewomen and nearly resulted in sexual assault convictions a penalty, remain in the chain of com- half of servicemen say sexual harass- with penalties of confinement and dis- mand. ment is common or very common or we honorable discharge. Ten percent. Only The brave men and women we sent to can do the right thing and act. 10 percent ended in conviction. The war to keep us safe deserve nothing

VerDate Sep 11 2014 00:46 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.022 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3744 CONGRESSIONAL RECORD — SENATE June 4, 2015 less than a justice system that is actu- 2011, before either I or the Presiding of- slush fund. By doing that, we end-run ally equal to their sacrifice. We owe ficer were in the body, Congress passed the law of Congress, the Budget Con- that at least to them. the Budget Control Act that imposed a trol Act. Thank you, Madam President. set of draconian budget caps on defense I asserted, and I strongly believe, I suggest the absence of a quorum. and nondefense spending as a punish- that this is dishonest, it is bad for de- The PRESIDING OFFICER. The ment, in case Congress did not find a fense, and it is bad for the nondefense clerk will call the roll. grand budget deal. So the wisdom of accounts. It is dishonest. It is dis- The bill clerk proceeded to call the this body at the time was that we will honest because, if we need this money roll. sort of punish ourselves unless we can for defense, we should fix the budget Mr. KAINE. Madam President, I ask find a budget deal. I describe that control caps. That is what we should unanimous consent that the order for colloquially as if we don’t do some- do. We should not call expenditures for the quorum call be rescinded. daily operations that are not core The PRESIDING OFFICER. Without thing smart, we will do something stu- warfighting part of the OCO account. objection, it is so ordered. pid. Well, Congress did not do something That violates the way the OCO account AMENDMENT NO. 1521 smart. There wasn’t the grand budget has been treated. Mr. KAINE. Madam President, I rise deal that many hoped there would be. Once we go down that path, we are in support of the NDAA that is on the So on March 1, 2013, budget caps went going to see everything going into the floor now but also in strong support of into effect that put a significant crimp OCO account, and we will really endan amendment that has been offered by in both the defense and nondefense run. So we are not being honest with Senator REED of Rhode Island to the items in the Nation’s budget. The first ourselves, but especially, since we all NDAA. Actually, I have a deja vu feel- know what the game is, we are not ing in the speech, because the speech is speech I gave on the floor was in Feb- ruary 2013. After my first State recess being honest with the public. largely about what I gave as my maid- Second, putting this money, the $38 en speech in February of 2013; that is, week, I traveled around and I heard my constituents talk about how bad these billion, in the OCO account is bad for the BCA budget caps and sequester. defense. Defense needs the ability to To begin, before I focus on the caps would be, especially for the Na- plan. If we put the money in the OCO amendment from my colleague from tion’s defense. I stood up and just account, is it going to be here next Rhode Island, the ranking member of shared what my constituents had de- the Armed Services Committee, I do scribed to me. But, nevertheless, the year? Is it not going to be here? There think there is a lot of good policy in caps went into effect and we agreed, is sort of a wink and a nod that it will the NDAA. We worked on it together. through the early 2020s, to limit in a probably be here. We ought to be ac- That committee process is a productive very significant and tough way both knowledging that these funds are need- one. I think we always find a great de- defense and nondefense spending. ed in the base defense budget so that gree of bipartisanship as we are trying So what is the gimmick that is in our DOD personnel can plan that it will to tackle the programmatic descrip- this NDAA that is on the floor today? be there in the future, because that is tion of our Nation’s military budget A decision was made that the world probably our intent. It is bad for de- and support. There is much good pol- has changed since August 2011. ISIL fense to put this in this OCO account. icy, acquisition reform, and other key has grown up and is gobbling up acres Third, it is bad for the nondefense ac- reforms that are part of this budget. and square miles of territory. We are counts. If we are going to say that the There are some items that I feel very battling against Ebola, as we were ear- BCA caps are bad, we should adjust strongly about dealing with ship- lier in the year. North Korea is cyber- them. Instead of using an end run, let’s building and ship repair. attacking major American corpora- adjust them. Let’s adjust them not just I think it is great that we are having tions. Vladimir Putin has moved into for the defense accounts but also for the debate on the floor. We have had Ukraine and is threatening other na- the nondefense accounts, because, as NDAAs passed, but we have not had a tions. the Presiding Officer and my col- lot of floor time on them in 2013 and There are a lot of challenges. So it leagues here know, the nondefense ac- 2014. So the fact that we have are hav- was the wisdom first of the President, counts are critical to the Nation’s de- ing this debate about the critical na- in submitting the fiscal year 2016 budg- fense. ture of our Nation’s defense and the au- et, and then of the Armed Services The FBI is nondefense. It is critical thorizing bill on the floor is very posi- Committee that living under the se- to the Nation’s defense. Homeland Se- tive. quester defense caps was a bad idea. It curity is critical to the Nation’s de- There are some aspects of the NDAA would be a bad idea for the Nation. But fense. In the Department of Energy, that I do not like. There are some instead of just saying: OK, the caps are much of the research we do is for the items that I wish were in there but a bad idea; let’s adjust the cap—which reactors on nuclear carriers and nu- that are not. That is part of the proc- we can do with 60 votes in this body clear subs. Those get cut by budget ess. I think we could all say that, but and the concurrence of the House—a cups. They are critical to defense. We I am glad we are having the debate on decision was made: Let’s not adjust the ought to be lifting the caps on the non- the floor. However, the item that is in cap, let’s end-run the cap. defense accounts, as well. the NDAA that I have the greatest con- So we want to exceed the cap. We So the gimmick that is used is a gim- cern about is the use of what I consider want to exceed it by $38 billion in fiscal mick. It is dishonest. It hurts defense. a flagrant budget gimmick to sneak by year 2016. But rather than adjust the It hurts nondefense accounts that are defense spending caps that were im- cap, let’s do this: Let’s just take $38 important to the Nation. Good news— posed by the 2011 Budget Control Act. billion that the Nation needs to be there is a solution. We are doing this I think the gimmick is a serious one safe, and we will put it in what is because we do not like the budget caps. and a challenging one. The gimmick is called the OCO account, Overseas Con- That is why we are doing this. That is dishonest. It is bad for the Nation’s de- tingency Operations. It is something why we are using the OCO gimmick. If fense. It is also bad for America’s non- that is not subject to the cap. It is sup- we don’t like the budget caps, we defense priorities. posed to be used for core warfighting should fix them. We should find the The good news is that the budget can activity. But the $38 billion does not 2015 version of the Murray-Ryan budget be fixed. My colleague from Rhode Is- represent core warfighting. deal that was reached in December of land, the ranking member of the We spent $2 billion in the last year, 2013, where we agreed to adjust the Armed Services Committee, has a pro- for example, in the war on ISIL. We are budget caps. That deal accepted part of posal to fix it. The proposal was offered not going to spend $38 billion in the sequester. It absorbed sequester cuts. in committee and rejected, and it has next year. No, instead, we are going to But it also found targeted ways to pro- been offered again on the floor. I want fund all kinds of nonemergency, non- vide relief, both to defense and non- to describe it and explain why I strong- contingency, nonwarfighting expendi- defense accounts. That is what we ly support it. tures that would require an adjustment should be doing. We should be showing First, there is the gimmick itself. of the cap, and we are just going to put the same leadership that was shown in Just for the public on this, in August of them into the OCO account, kind of a 2013.

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.024 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3745 I rise to say that the amendment ducted out of a sense of patriotism but local high school coaches and visiting that my colleague from Rhode Island, for profit in the form of millions of dol- students. our ranking member, proposes does ex- lars in taxpayers’ money going from According to the information my of- actly that. It does exactly that. It the Department of Defense to wealthy fice has received from the Army Na- takes the $38 billion that is in our NFL franchises. tional Guard, the NFL received nearly budget, which I believe should be spent In fact, NFL teams have received $7 million in taxpayer dollars over the on defense, and it says that this money nearly $7 million in taxpayer dollars last 3 years from Guard contracts for should be spent on defense, but it over the last 3 years from contracts activities including: pregame color should be spent the right way, as part with the Army National Guard, which guard ceremonies, pregame reenlist- of a base budget, not as part of OCO. include public tributes to American ment ceremonies, pregame onfield It puts a fence around those dollars soldiers, sailors, airmen, and marines. American flag rollouts, ingame flag and says that the money is there, and Our amendment would put an end to runners, half-time soldier recognition it is there for defense because the Na- this shameful practice and ask the ceremonies, Guard-sponsored high tion needs it. But the fence will keep NFL to return those profits to char- school Player of the Week and Coach of the money from being utilized until we ities supporting our troops, veterans, the Week awards, and Guard-sponsored fix the BCA caps on both the defense and their families. player appearances at local high and nondefense accounts. All Americans can agree that sports schools. If we do fix the BCA caps, that unite us, especially football. For gen- The following teams had contracts in money will be available. Because of erations, football has brought together the past 3 years, according to the Army language included by the chair of the people from every walk of life—from National Guard: Atlanta Falcons, committee in the markup, fixing the the first organized American football $579,500; Baltimore Ravens, $350,000; budget caps would move the money game between Rutgers and Princeton Buffalo Bills, $550,000; Chicago Bears, from the OCO account into the defense in 1869 to Super Bowl XLIX played in $443,000; Cincinnati Bengals, $117,000; base budget where it should be. I think the great State of Arizona this Feb- Dallas Cowboys, $262,500; Denver Bron- we all know what the right answer is ruary, which attracted more than 100 cos, $460,000; Detroit Lions, $193,000; here, which is for this $38 billion to be million television viewers, the most Green Bay Packers, $300,000; Indianap- used to protect the Nation but to be watched TV program in history. olis Colts, $400,000; Miami Dolphins, part of the base budget, not the OCO Football has been a uniting force for Tampa Bay Buccaneers, and Jackson- account. To get there we need to fix our Nation. Every weekend, from pee- ville Jaguars, $160,000; Minnesota Vi- the BCA caps across the board for de- wee to high school, college, and the kings, $410,000; New Orleans Saints, fense and nondefense. The Reed amend- NFL, for good seasons and bad, in com- $307,000; New York Jets, $212,500; Oak- ment would accomplish that. That is mon cause and bitter rivalry, millions land Raiders, $275,000; Pittsburgh the reason that I am on the floor of passionate fans have bonded to- Steelers, $217,000; St. Louis Rams and today, to praise the debate on the gether. For many Americans, football Kansas City Chiefs, $60,000; San Diego NDAA but to say this is the right way is deeply patriotic and woven into the Chargers, $453,500; San Francisco 49ers, to keep our Nation safe. very fabric of our country’s unique his- $125,000; and Seattle Seahawks, $393,500. I yield the floor. tory and heritage. For several weeks What makes these expenditures all The PRESIDING OFFICER. The Sen- every fall, this patriotic spirit grows the more troubling is at the same time ator from Arizona. when the NFL takes time to honor the the Guard was spending millions on Mr. MCCAIN. Madam President, I ask service and sacrifice of the brave young pro-sports advertising, it was also run- unanimous consent that at 1:45 p.m. Americans serving in the U.S. Armed ning out of money for critical training today, the Senate vote in relation to Forces. for our troops. In fact, at the end of fis- the following amendments: Shaheen Teams wear special camouflage uni- cal year 2014, the National Guard Bu- No. 1494, spouse definition; Tillis No. forms, hold special game-day program- reau and Army National Guard an- 1506, C–130 aircraft; further, that there ming under the theme ‘‘Salute to Serv- nounced they were facing a $101 million be no second-degree amendments in ice.’’ We have all been heartened by shortfall in the account used to pay order to any of those amendments these patriotic displays, from the giant National Guardsmen and could face a prior to the votes, and that the Sha- oversized flags and color guard delay in critical training and drills be- heen amendment be subject to a 60-af- pregame performances to half time cause they couldn’t afford to pay sol- firmative-vote threshold for adoption. tributes to our hometown heroes. diers. Despite the fact that the Guard The PRESIDING OFFICER. Without Every fan, whether united by team or was facing serious threats to meeting objection, it is so ordered. divided by rivalry, comes together to its primary mission and paying its cur- Mr. MCCAIN. Madam President, on thank those who have served and sac- rent soldiers, it was spending millions behalf of Senator PAUL of Kentucky, I rificed on our Nation’s behalf. of taxpayer dollars on speakership and ask unanimous consent to set aside the That is why I and so many other advertising deals with professional pending amendment in order to call up Americans were shocked and dis- sports leagues, such as the NFL. amendment No. 1543. appointed to learn that several NFL This is obviously unacceptable. Pro- I suggest the absence of a quorum. teams were not sponsoring these ac- viding for our common defense is the The PRESIDING OFFICER. The tivities out of the goodness of their highest duty of the Federal Govern- clerk will call the roll. own hearts but were doing so to make ment. At a time of crippling budget The senior assistant legislative clerk an extra buck, taking money from cuts under sequestration, the Defense proceeded to call the roll. American taxpayers in exchange for Department cannot afford to waste its Mr. MCCAIN. I ask unanimous con- honoring American troops. That means limited resources for the benefit of sent that the order for the quorum call many of the color guard performances sports leagues that rake in billions of be rescinded. and troop recognition ceremonies were dollars a year. Each of the four service The PRESIDING OFFICER. Without actually funded with American tax dol- Chiefs have warned before the Senate objection, it is so ordered. lars and pocketed by wealthy NFL Armed Services Committee this year Mr. MCCAIN. Madam President, I rise teams. that sequestration is damaging our with my friend from Arizona, Senator For example, the Army National military readiness and putting Amer- FLAKE, to speak about an amendment Guard spent $675,000 under contracts ican lives in danger. We must conserve that he and I and Senator BLUMENTHAL with the New England Patriots—hardly every precious defense dollar we have from Connecticut have as part of this a deprived franchise—that included a at our disposal—which the NDAA does pending legislation. program called ‘‘True Patriot,’’ in through important reforms to acquisi- Along with sports fans across Amer- which the team honored Guard soldiers tion, military retirement, personnel, ica, I was appalled to learn last month at half-time shows during home games. headquarters and management, and that many of the ceremonies honoring Other contracts funded color guard which our amendment would support members of our armed services at NFL performances, flag ceremonies, and ap- by ending taxpayer-funded soldier trib- games are not actually being con- pearance fees to players for honoring utes at professional sporting events.

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.026 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3746 CONGRESSIONAL RECORD — SENATE June 4, 2015 In addition to ending this shameful I yield the floor. supportive of this very important practice, this amendment calls upon The PRESIDING OFFICER. The Sen- issue. The 82nd is America’s most professional sports leagues like the ator from Arizona. ready Army force, and of course we NFL to donate—to donate—these ill- Mr. MCCAIN. Madam President, I know special forces operators are all gotten profits to charities supporting withdraw my request with respect to across the globe constantly. American troops, veterans, and their amendment No. 1543. It is my under- So my comments are that this families. standing we will call up this amend- amendment would not essentially help The NFL raked in revenues totaling ment after the votes this afternoon. what I think is the underlying goal, some $9.5 billion. The absolute least The PRESIDING OFFICER. The Sen- which is to ensure that our airborne they can do to begin to make up for ator’s request is withdrawn. forces have the platforms necessary. It this terrible misjudgment is to return The Senator from Rhode Island. would, in fact, restrict the flexibility of those taxpayer dollars to charities sup- AMENDMENT NO. 1506 the Air Force in terms of using C–130 porting our troops, veterans, and mili- Mr. REED. Madam President, I wish aircraft. It would practically have the tary families. to comment briefly on the amendment effect of simply taking aircraft that I thank my fellow Senator from the proposed by my colleague from North because of their modification and their State of Arizona, JEFF FLAKE, who has Carolina, Senator TILLIS, with respect nonstandardization are being parked at done terrific oversight of this issue. He to the stationing of the C–130 aircraft Little Rock and moving them without was the first to expose it and similar at Pope Army Airfield in North Caro- effect, I think, on the operational ca- cases of wasteful and excessive govern- lina. pacity and capabilities of our airborne ment spending. The amendment states that these forces. I also commend Senator BLUMENTHAL aircraft shall be positioned in Pope So as a result, I believe our best ap- for his longstanding commitment to Army Airfield. They are C–130 Avionics proach is to stay with the language in our troops and veterans, as well as the Modernization Program aircraft, the the underlying bill, section 136, other Members of this body who have AMP program. Basically, they are C– which—to the credit of Senator TILLIS, supported our amendment. 130H models that were upgraded. In ad- he was very adamant about including— Again, I thank JEFF FLAKE, who was dition, the Air Force has C–130J mod- would have a careful review of the first to blow the whistle on this egre- els, the newest model. In the give-and- operational capacity of the Air Force gious use of American tax dollars, and take of the budget deliberations over to support the airborne operations. also Senator BLUMENTHAL. the last few years, this AMP mod- It would include the ability of com- I yield the floor. ernization program is essentially cur- manders from the corps level, XVIII The PRESIDING OFFICER. The Sen- tailed dramatically because the choice Airborne Corps, 82nd, Special Oper- ator from Arizona. was buying new J models or fixing the ations Command, to comment effec- Mr. FLAKE. Madam President, I also old H models. tively on whether the Air Force was thank the senior Senator from Arizona So, in effect, what we have is a group doing this. After such a review and for helping me bring this amendment of C–130 modified aircraft that are at analysis, we could make better deci- forward. I am proud to cosponsor it Little Rock Air Force Base. They are sions about the allocation of the Air with him and Senator BLUMENTHAL. only being minimally maintained be- Force aircraft. I wish to make a couple of points. We cause these AMP-modified aircraft are Again, ironically—and again it have asked the Pentagon for a full ac- not standard. They are different from strikes me that simply moving these counting, not just NFL teams but the traditional hotel model, and they aircraft—which are sort of one-of-a- other teams that have received such are not as new or as modern as the J kind aircraft—to Pope would not help money. We want to make sure this model, and they are not being sup- the airborne operations of our military practice stops. ported with AMP-trained crews or forces. They would simply involve ad- Part of the reason it needs to stop is AMP-unique logistics. Logistically, ditional cost, and they would not be these teams that were mentioned be- they are at Little Rock Air Force Base part of the ability of our Air Force and fore by the senior Senator from Ari- and sort of caught up in this funding our mobility command to support a zona and other teams that have re- and programmatic dilemma. wide range of missions. They would ceived this kind of money do a lot for They are not fully deployable be- complicate, rather than simplify, our the military out of the goodness of cause of these conditions. They are just ability to respond. their heart. They do a lot for the mili- sort of additive to the force structure So for that, when this vote, which is tary and for veterans who return, and of the C–130J. There are only three that scheduled later today, comes up for a we shouldn’t discount that and don’t are modified, with five more to be vote, I will oppose it, and I will do so want to discount that. modified. That would be at $8 million because I believe—in the underlying The problem is, when some teams are per aircraft for about an additional legislation, through the work of Sen- accepting money to do what has been multimillion dollar pricetag. There- ator TILLIS particularly—we have an termed ‘‘paid-for patriotism,’’ then it fore, they are not as functional as a appropriate response to the issue of cheapens all the other good work that unit since there are only three aircraft flexibility, mobility, and operational has been done by these sports teams and not a full complement. To operate capacity of our airborne forces at Fort and others. So it is important we stop these aircraft would require additional Bragg. this practice and make sure that when resources. With that, I suggest the absence of a fans are there and they see this out- The thrust of the gentleman’s quorum. pouring of support for the military, amendment is that these aircraft be The PRESIDING OFFICER (Mr. they know it is genuine—because there transferred to Pope Air Force Base in FLAKE). The clerk will call the roll. is a great deal of patriotism by those North Carolina, but they would not The senior assistant legislative clerk who attend these games. We want to really be effectively utilized by the proceeded to call the roll. make sure people recognize it is done forces there and would not, in my view Mr. NELSON. Mr. President, I ask for the right reason, and that is the at least, contribute to the training and unanimous consent that the order for reason for bringing this amendment the real-time operations of the 82nd the quorum call be rescinded. forward. Airborne Division, the XVIII Airborne The PRESIDING OFFICER. Without I, again, thank the senior Senator Corps, and the special operations forces objection, it is so ordered. from Arizona for his work on this that are there. GRIEVING FOR THE BIDEN FAMILY amendment and other efforts to fight So rather than doing that, what we Mr. NELSON. Mr. President, when a wasteful spending, making sure that did in the underlying legislation at sec- child predeceases the parent, it is a the funding that goes to our military tion 136 is to go through and quite grievous occasion, and we have been and that we appropriate for the Depart- clearly have a careful review of the grieving for the President of the Sen- ment of Defense—authorize for the De- adequacy of aircraft to support operate, the Vice President of the United partment of Defense—is used for mili- ations of the paratroop forces at Fort States, for what he has been going tary purposes. Bragg so that the Air Force is fully through—his whole family.

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.027 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3747 It is my belief JOE BIDEN has known graduated from Yale Law School. (Applause.) enjoy getting out of the White House to talk for some period of time the progression Now, he thought it’s a great idea. But then to folks in the real America—the kind who of his son, Beau’s, cancer and, as a re- again, law graduates always think all of know what it means to struggle, to work sult, he has continued to carry on his their ideas are great ideas. (Laughter.) hard, to shop at Kiko Milano. (Laughter and By the way, I’ve had a lot of law graduates applause.) Great choice. (Laughter.) public duties while at the same time from Yale work for me. That’s not too far I just hope to hell the same people respon- carrying this huge burden. from the truth. But anyway, look, the truth sible for Kiko’s aren’t in charge of naming Mr. President, I ask unanimous con- of the matter is that I have a lot of staff that the two new residential colleges. (Laughter sent to have printed in the RECORD the are Yale graduates, several are with me and applause.) speech JOE BIDEN made to the Yale today. They thought it was a great idea that Now, look, folks, I spent a lot of time graduating class about 2 weeks ago on I speak here. thinking about what I should day to you As a matter of fact, my former national se- today, but the more I thought about it, I Class Day. curity advisor, Jake Sullivan, who is teach- There being no objection, the mate- thought that any Class Day speech is likely ing here at Yale Law School, trained in to be redundant. You already heard from rial was ordered to be printed in the international relations at Yale College, edit- Jessie J at Spring Fling. (Laughter.) So what RECORD, as follows: ed the Yale Daily News, and graduated from in the hell could I possibly say. (Laughter.) REMARKS BY THE VICE PRESIDENT AT YALE Harvard—excuse me, Freudian slip—Yale Look, I’m deeply honored that Jeremy and UNIVERSITY CLASS DAY, YALE UNIVERSITY, Law School. (Laughter.) You’re lucky to Kiki selected me. I don’t know how the hell NEW HAVEN, CONNECTICUT have him. He’s a brilliant and decent and you trusted them to do that. (Laughter.) I THE VICE PRESIDENT: Hello, Yale! (Ap- honorable man. And I miss him. And we miss hope you agree with their choice. Actually I plause.) Great to see you all. (Applause.) him as my national security advisor. hope by the end of this speech, they agree Thank you very, very much. But he’s not the only one. My deputy na- with their choice. (Laughter.) Jeremy and Kiki, the entire Class of 2015, tional security advisor, Jeff Prescott, start- In their flattering invitation letter, they congratulations and thank you for inviting ed and ran the China Law Center at Yale asked me to bring along a sense of humor, me to be part of this special day. You’re tal- Law School. My Middle East policy advisor speak about my commitment to public serv- ented. You’ve worked hard, and you’ve and foreign policy speechwriter, Dan ice and family, talk about resiliency, com- earned this day. Benaim, who is with me, took Daily passion, and leadership in a changing world. Mr. President, faculty, staff, it’s an honor Themes—got a B. (Laughter.) Now you know Petty tall order. (Laughter.) I probably al- to be here with all of you. why I go off script so much. (Laughter and ready flunked the first part of the test. My wife teaches full-time. I want you to applause.) But with the rest let me say upfront, and know that—at a community college, and has Look, at a Gridiron Dinner not long ago, I mean this sincerely, there’s nothing par- attended 8,640 commencements and/or the the President said, I—the President—‘‘I am ticularly unique about me. With regard to learning to speak without a teleprompter, similar versions of Class Day, and I know resilience and compassion, there are count- Joe is learning to speak with one.’’ (Laugh- they can hardly wait for the speaker to fin- less thousands of people, maybe some in the ter.) But if you looked at my speechwriters, ish. (Laughter.) But I’ll do my best as quick- audience, who’ve suffered through personal you know why. ly as I can. losses similar to mine or much worse with To the parents, grandparents, siblings, And the granddaughter of one of my dear- est friends in life—a former Holocaust sur- much less support to help them get through family members, the Class of 2015—congratu- vivor, a former foreign policy advisor, a it and much less reason to want to get lations. I know how proud you must be. But, former Chairman of the House Committee on through it. the Class of 2015, before I speak to you— Foreign Affairs, Congressman Tom Lantos— It’s not that all that difficult, folks, to be please stand and applaud the ones who loved is graduating today. Mercina, congratula- compassionate when you’ve been the bene- you no matter what you’re wearing on your tions, kiddo. (Applause.) Where are you? You ficiary of compassion in your lowest mo- head and who really made this day happen. are the sixth—she’s the sixth sibling in her ments not only from your family, but from (Laughter and applause.) I promise you all immediate family to graduate from Yale. Six your friends and total strangers. Because this is a bigger day for them than it is for out of 11, that’s not a bad batting average. when you know how much it meant to you, you. (Laughter.) (Laughter.) I believe it’s a modern day you know how much it mattered. It’s not When President Obama asked me to be his record for the number of kids who went to hard to be compassionate. Vice President, I said I only had two condi- Yale from a single family. I was raised by a tough, compassionate tions: One, I wouldn’t wear any funny hats, And, Mercina, I know that your mom, Lit- Irish lady named Catherine Eugenia even on Class Day. (Laughter.) And two, I tle Annette is here. I don’t know where you Finnegan Biden. And she taught all of her wouldn’t change my brand. (Applause.) are, Annette. But Annette was part of the children that, but for the grace of God, there Now, look, I realize no one ever doubts I first class of freshman women admitted to go you—but for the grace of God, there go mean what I say, the problem occasionally is Yale University. (Applause.) you. I say all that I mean. (Laughter.) I have a And her grandmother, Annette, is also a And a father who lived his motto that, bad reputation for being straight. Sometimes Holocaust survivor, an amazing woman; and family was the beginning, the middle, and an inappropriate times. (Laughter.) So here both I’m sure wherever they are, beaming the end. And like many of you and your par- it goes. Let’s get a couple things straight today. And I know one more thing, Mercina, ents, I was fortunate. I learned early on what right off the bat: Corvettes are better than your father and grandfather are looking I wanted to do, what fulfilled me the most, Porsches; they’re quicker and they corner as down, cheering you on. what made me happy—my family, my faith, well. (Laughter and applause.) And sorry, I’m so happy to be here on your day and all and being engaged in the public affairs that guys, a cappella is not better than rock and of your day. It’s good to know there’s one gripped my generation and being inspired by roll. (Laughter and applause.) And your pun- Yalie who is happy I’m being here—be here, a young President named Kennedy—civil dits are better than Washington pundits, al- at least one. (Laughter.) On ‘‘Overheard at rights, the environment, trying to end an in- though I’ve noticed neither has any shame at Yale,’’ on the Facebook page, one student re- credibly useless and divisive war, Vietnam. all. (Laughter and applause.) And all roads ported another student saying: I had a dream The truth is, though, that neither I, nor lead to Toads? Give me a break. (Laughter that I was Vice President and was with the anyone else, can tell you what will make you and applause.) You ever tried it on Monday President, and we did the disco funk dance to happy, help you find success. night? (Laughter.) Look, it’s tough to end a convince the Congress to restart the govern- You each have different comfort levels. Ev- great men’s basketball and football season. ment. (Laughter.) eryone has different goals and aspirations. One touchdown away from beating Harvard Another student commented, Y’all know But one thing I’ve observed, one thing I this year for the first time since 2006—so Biden would be hilarious, get funky. (Laugh- know, an expression my dad would use often, close to something you’ve wanted for eight ter.) is real. He used to say, it’s a lucky man or years. I can only imagine how you feel. Well, my granddaughter, Finnegan Biden, woman gets up in the morning—and I mean (Laughter.) I can only imagine. (Applause.) whose dad went here, is with me today. When this sincerely. It was one of his expressions. So close. So close. she saw that on the speech, I was on the It’s a lucky man or woman gets up in the But I got to be honest with you, when the plane, Air Force Two coming up, she said, morning, puts both feet on the floor, knows invitation came, I was flattered, but it Pop, it would take a lot more than you and what they’re about to do, and thinks it still caused a little bit of a problem in my ex- the President doing the disco funk dance. matters. tended family. It forced me to face some The Tea Party doesn’t even know what it is. I’ve been lucky. And my wish for all of you hard truths. My son, Beau, the attorney gen- (Laughter.) is that not only tomorrow, but 20 and 40 and eral of Delaware, my daughter, Ashley Look, I don’t know about that. But I’m 50 years from now, you’ve found that sweet Biden, runs a nonprofit for criminal justice just glad there’s someone—just someone— spot, that thing that allows you to get up in in the state, they both went to Penn. My two who dreams of being Vice President. (Laugh- the morning, put both feet on the floor, go nieces graduated from Harvard, one an all- ter and applause.) Just somebody. I never out and pursue what you love, and think it American. All of them think my being here had that dream. (Laughter.) For the press still matters. was a very bad idea. (Laughter.) out there, that’s a joke. Some of you will go to Silicon Valley and On the other hand, my other son, Hunter, Actually, being Vice President to Barack make great contributions to empower indi- who heads the World Food Program USA, Obama has been truly a great honor. We both viduals and societies and maybe even design

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.029 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3748 CONGRESSIONAL RECORD — SENATE June 4, 2015 a life-changing app, like how to unsubscribe look past the caricatures of my colleagues Don’t forget about what doesn’t come from to Obama for America email list—(laugh- and try to see the whole person. Never once this prestigious diploma—the heart to know ter)—the biggest ‘‘pan-list’’ of all times. have I questioned another man’s or woman’s what’s meaningful and what’s ephemeral; Some of you will go to Wall Street and big motive. And something started to change. If and the head to know the difference between Wall Street law firms, government and ac- you notice, every time there’s a crisis in the knowledge and judgment. tivism, Peace Corps, Teach for America. Congress the last eight years, I get sent to But even if you get these things right, I’ve You’ll become doctors, researchers, journal- the Hill to deal with it. It’s because every observed that most people who are successful ists, artists, actors, musicians. Two of you— one of those men and women up there— and happy remembered a third thing: Reality one of whom was one of my former interns in whether they like me or not—know that I has a way of intruding. the White House, Sam Cohen, and Andrew don’t judge them for what I think they’re I got elected in a very improbable year. Heymann—will be commissioned in the thinking. Richard Nixon won my state overwhelm- United States Navy. Congratulations, gentle- Because when you question a man’s mo- ingly. George McGovern was at the top of men. We’re proud of you. (Applause.) tive, when you say they’re acting out of the ticket. I got elected as the second-young- But all of you have one thing in common greed, they’re in the pocket of an interest est man in the history of the United States you will all seek to find that sweet spot that group, et cetera, it’s awful hard to reach con- to be elected, the stuff that provides and satisfies your ambition and success and hap- sensus. It’s awful hard having to reach across fuels raw ambition. And if you’re not careful, piness. the table and shake hands. No matter how it fuels a sense of inevitability that seeps in. I’ve met an awful lot of people in my ca- bitterly you disagree, though, it is always But be careful. Things can change in a heart- reer. And I’ve noticed one thing, those who possible if you question judgment and not beat. I know. And so do many of your par- are the most successful and the happiest— motive. ents. whether they’re working on Wall Street or Senator Helms and I continued to have Six weeks after my election, my whole Main Street, as a doctor or nurse, or as a profound political differences, but early on world was altered forever. While I was in lawyer, or a social worker, I’ve made certain we both became the most powerful members Washington hiring staff, I got a phone call. basic observation about the ones who from of the Senate running the Foreign Relations My wife and three children were Christmas my observation wherever they were in the Committee, as Chairmen and Ranking Mem- shopping, a tractor trailer broadsided them world were able to find that sweet spot be- bers. But something happened, the mutual and killed my wife and killed my daughter. tween success and happiness. Those who bal- defensiveness began to dissipate. And as a re- And they weren’t sure that my sons would ance life and career, who find purpose and sult, we began to be able to work together in live. fulfillment, and where ambition leads them. Many people have gone through things like the interests of the country. And as Chair- There’s no silver bullet, no single formula, that. But because I had the incredible good man and Ranking Member, we passed some no reductive list. But they all seem to under- fortune of an extended family, grounded in of the most significant legislation passed in stand that happiness and success result from love and loyalty, imbued with a sense of obli- an accumulation of thousands of little things the last 40 years. gation imparted to each of us, I not only got All of which he opposed—from paying tens built on character, all of which have certain help. But by focusing on my sons, I found my of millions of dollars in arrearages to an in- common features in my observation. redemption. First, the most successful and happiest stitution, he despised, the United Nations— I can remember my mother—a sweet lady— people I’ve known understand that a good he was part of the so-called ‘‘black heli- looking at me, after we left the hospital, and life at its core is about being personal. It’s copter’’ crowd; to passing the chemical weap- saying, Joey, out of everything terrible that about being engaged. It’s about being there ons treaty, constantly referring to, ‘‘we’ve happens to you, something good will come if for a friend or a colleague when they’re in- never lost a war, and we’ve never won a trea- you look hard enough for it. She was right. jured or in an accident, remembering the ty,’’ which he vehemently opposed. But we The incredible bond I have with my chil- birthdays, congratulating them on their were able to do these things not because he dren is the gift I’m not sure I would have marriage, celebrating the birth of their changed his mind, but because in this new had, had I not been through what I went child. It’s about being available to them relationship to maintain it is required to through. Who knows whether I would have when they’re going through personal loss. play fair, to be straight. The cheap shots been able to appreciate at that moment in It’s about loving someone more than your- ended. And the chicanery to keep from hav- my life, the heady moment in my life, what self, as one of your speakers have already ing to being able to vote ended—even though my first obligation was. mentioned. It all seems to get down to being he knew I had the votes. So I began to commute—never intending to personal. After that, we went on as he began to look stay in Washington. And that’s the God’s That’s the stuff that fosters relationships. at the other side of things and do some great truth. I was supposed to be sworn in with ev- It’s the only way to breed trust in every- things together that he supported like eryone else that year in ’73, but I wouldn’t go thing you do in your life. PEPFAR—which by the way, George W. Bush down. So Mansfield thought I’d change my Let me give you an example. After only deserves an overwhelming amount of credit mind and not come, and he sent up the sec- four months in the United States Senate, as for, by the way, which provided treatment retary of the Senate to swear me in, in the a 30-year-old kid, I was walking through the and prevention HIV/AIDS in Africa and hospital room with my children. Senate floor to go to a meeting with Major- around the world, literally saving millions of And I began to commute thinking I was ity Leader Mike Mansfield. And I witnessed lives. only going to stay a little while—four hours another newly elected senator, the ex- So one piece of advice is try to look beyond a day, every day—from Washington to Wil- tremely conservative Jesse Helms, excori- the caricature of the person with whom you mington, which I’ve done for over 37 years. I ating Ted Kennedy and Bob Dole for pro- have to work. Resist the temptation to as- did it because I wanted to be able to kiss moting the precursor of the Americans with cribe motive, because you really don’t them goodnight and kiss them in the morn- Disabilities Act. But I had to see the Leader, know—and it gets in the way of being able to ing the next day. No, ‘‘Ozzie and Harriet’’ so I kept walking. reach a consensus on things that matter to breakfast or great familial thing, just climb When I walked into Mansfield’s office, I you and to many other people. in bed with them. Because I came to realize must have looked as angry as I was. He was Resist the temptation of your generation that a child can hold an important thought, in his late ’70s, lived to be 100. And he looked to let ‘‘network’’ become a verb that saps something they want to say to their mom at me, he said, what’s bothering you, Joe? the personal away, that blinds you to the and dad, maybe for 12 or 24 hours, and then I said, that guy, Helms, he has no social re- person right in front of you, blinds you to it’s gone. And when it’s gone, it’s gone. And deeming value. He doesn’t care—I really their hopes, their fears, and their burdens. it all adds up. mean it—I was angry. He doesn’t care about Build real relationships—even with people But looking back on it, the truth be told, people in need. He has a disregard for the dis- with whom you vehemently disagree. You’ll the real reason I went home every night was abled. not only be happier. You will be more suc- that I needed my children more than they Majority Leader Mansfield then proceeded cessful. needed me. Some at the time wrote and sug- to tell me that three years earlier, Jesse and The second thing I’ve noticed is that al- gested that Biden can’t be a serious national Dot Helms, sitting in their living room in though you know no one is better than you, figure. If he was, he’d stay in Washington early December before Christmas, reading an every other persons is equal to you and de- more, attend to more important events. It’s ad in the Raleigh Observer, the picture of a serves to be treated with dignity and respect. obvious he’s not serious. He goes home after young man, 14-years-old with braces on his I’ve worked with eight Presidents, hun- the last vote. legs up to both hips, saying, all I want is dreds of Senators. I’ve met every major But I realized I didn’t miss a thing. Ambi- someone to love me and adopt me. He looked world leader literally in the last 40 years. tion is really important. You need it. And I at me and he said, and they adopted him, And I’ve had scores of talented people work certainly have never lacked in having ambi- Joe. for me. And here’s what I’ve observed: Re- tion. But ambition without perspective can I felt like a fool. He then went on to say, gardless of their academic or social back- be a killer. I know a lot of you already un- Joe, it’s always appropriate to question an- grounds, those who had the most success and derstand this. Some of you really had to other man’s judgment, but never appropriate who were most respected and therefore able struggle to get here. And some of you have to question his motives because you simply to get the most done were the ones who had to struggle to stay here. And some of don’t know his motives. never confused academic credentials and so- your families made enormous sacrifices for It happened early in my career fortu- cietal sophistication with gravitas and judg- this great privilege. And many of you faced nately. From that moment on, I tried to ment. your own crises, some unimaginable.

VerDate Sep 11 2014 04:33 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.024 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3749 But the truth is all of you will go through tain of is all of your generation was way be- speech came down to this, as he was something like this. You’ll wrestle with yond that point. (Applause.) talking to the graduates: these kinds of choices every day. But I’m Here’s something else I observed—intellec- Build real relationships—even with people here to tell you, you can find the balance be- tual horsepower and tolerance alone does not with whom you vehemently disagree. You’ll tween ambition and happiness, what will make a generation great: unless you can not only be happier. You will be more suc- make you really feel fulfilled. And along the break out of the bubble of your own mak- cessful. way, it helps a great deal if you can resist ing—technologically, geographically, ra- the temptation to rationalize. cially, and socioeconomically—to truly con- And he continued: My chief of staff for over 25 years, one of nect with the world around you. Because it The second thing I’ve noticed is that al- the finest men I’ve ever known, even though matters. though you know no one is better than you, he graduated from Penn, and subsequently No matter what your material success or every other person is equal to you and de- became a senator from the state of Delaware, personal circumstance, it matters. You can’t serves to be treated with dignity and respect. Senator Ted Kaufman, every new hire, that breathe fresh air or protect your children That is the essence of how in a de- we’d hire, the last thing he’d tell them was, from a changing climate no matter what you and remember never underestimate the abil- make. If your sister is the victim of domestic mocracy we have to get along. It is ity of the human mind to rationalize. Never violence, you are violated. If your brother known as the Golden Rule. JOE BIDEN underestimate the ability of the human mind can’t marry the man he loves, you are less- talked about the Golden Rule without to rationalize—her birthday really doesn’t ened. And if your best friend has to worry saying it was the Golden Rule—treat matter that much to her, and this business about being racially profiled, you live in a others as you want to be treated. Put trip is just a great opportunity; this won’t be circumstance not worthy of us. (Applause.) into old English: Do unto others as you his last game, and besides, I’d have to take It matters. would have them do unto you. the redeye to get back. We can always take So be successful. I sincerely hope some of you become millionaires and billionaires. I The Vice President talks in his this family vacation another time. There’s speech about his time as a young Sen- plenty of time. mean that. But engage the world around you For your generation, there’s an incredible because you will be more successful and ator, when he heard Senator Jesse amount of pressure on all of you to succeed, happier. And you can absolutely succeed in Helms talking about an issue that Sen- particularly now that you have accomplished life without sacrificing your ideals or your ator BIDEN was opposed to. He felt it so much. Your whole generation faces this commitments to others and family. I’m con- was violative of his basic concept in pressure. I see it in my grandchildren who fident that you can do that, and I’m con- the treatment of other people. In this are honors students at other Ivy universities fident that this generation will do it more case, I think it was a question of dis- than any other. right now. You race to do what others think ability. As he walked in to see the ma- is right in high school. You raced through Look to your left, as they say, and look to the bloodsport of college admissions. You your right. And remember how foolish the jority leader—probably in that same raced through Yale for the next big thing. people next to you look—(laughter)—in those office, in this case, Mike Mansfield— And all along, some of you compare yourself ridiculous hats. (Laughter.) That’s what I Senator Mansfield, the leader, noticed to the success of your peers on Facebook, want you to remember. I mean this. Because that JOE was visibly upset and he said: Instagram, Linked-In, Twitter. it means you’ve learned something from a What is wrong? And JOE told him about Today, some of you may have found that great tradition. this encounter with Senator Helms. It means you’re willing to look foolish, you slipped into the self-referential bubble Senator Mansfield then went on to that validates certain choices. And the bub- you’re willing to run the risk of looking fool- ble expands once you leave this campus, the ish in the service of what matters to you. say to Senator BIDEN: Don’t ever judge pressures and anxiousness, as well—take this And if you remember that, because some of until you really know the person, be- job, make that much money, live in this the things your heart will tell you to do, will cause Senator Helms and his wife had place, hang out with people like you, take no make you among your peers look foolish, or run into a situation where they found a real risks and have no real impact, while get- not smart, or not sophisticated. But we’ll all severely disabled child and, as a result, ting paid for the false sense of both. be better for people of your consequence to they adopted that child. But resist that temptation to rationalize do it. As a result, Senator BIDEN and Sen- That’s what I want you to most remember. what others view is the right choice for ator Helms became the best of friends. you—instead of what you feel in your gut is Not who spoke at the day you all assembled the right choice—that’s your North Star. on this mall. You’re a remarkable class. I Even though their politics were dif- Trust it. Follow it. You’re an incredible sure don’t remember who the hell was my ferent, when they served as the leaders group of young women and men. And that’s commencement speaker. (Laughter.) I know of the Senate Foreign Relations Com- not hyperbole. You’re an incredible group. this is not officially commencement. But ask mittee—sometimes Helms as chairman Let me conclude with this. I’m not going your parents when you leave here, who spoke and sometimes BIDEN as chairman— to moralize about to whom much is given, at your commencement? It’s a commence- they could disagree on the issues, but much is expected, because most of you have ment speaker aversion of a commencement they could get a lot done because they made of yourself much more than what speaker’s fate to be forgotten. The question you’ve been given. But now you are in a priv- is only how quickly. But you’re the best in could work together. That is because ileged position. You’re part of an exceptional your generation. And that is not hyperbole. they built a relationship. generation and doors will open to you that And you’re part of a remarkable generation. How different is that today, where will not open to others. My Yale Law School And, you—you’re on the cusp of some of each of us are racing out of here on grad son graduated very well from Yale Law the most astonishing breakthroughs in the Thursday afternoons and evenings to School. My other son out of loyalty to his history of mankind—scientific, techno- go back to our States and we hardly deceased mother decided to go to Syracuse logical, socially—that’s going to change the ever have time for each other, to un- Law School from Penn. They’re a year and a way you live and the whole world works. But it will be up to you in this changing world to derstand the core of us as humans and day apart in their age. The one who grad- what makes us, drives us as we are. If uated from Yale had doors open to him, the translate those unprecedented capabilities lowest salary offered back in the early ‘90s into a greater measure of happiness and we knew that about each other, maybe was $50,000 more than a federal judge made. meaning—not just for yourself, but for the we would find more common ground. My other son, it was a struggle—equally as world around you. What I have found is that every one bright, went on to be elected one of the And I feel more confident for my children of these Senators is an extraordinary youngest attorney generals in the history of and grandchildren knowing that the men and person, extremely accomplished, and the state of Delaware, the most popular pub- women who graduate here today, here and well motivated. They try, we all try to lic official in my state. Big headline after across the country, will be in their midst. That’s the honest truth. That’s the God’s do the right thing, but then we let the the 2012 election, ‘‘Biden Most Popular Man politics and the ideology get in the way in Delaware—Beau.’’ (Laughter.) truth. That’s my word as a Biden. And as your parents will understand, my Congratulations, Class of 2015. And may and it drives us apart. As a result, is it dad’s definition of success is when you look God bless you and may God protect our any wonder that we have a dysfunc- at your son and daughter and realize they troops. Thank you. tional Senate that has difficulty get- turned out better than you, and they did. Mr. NELSON. Mr. President, it is ting along, particularly when you con- But you’ll have opportunities. Make the noteworthy that the Vice President sider the arcane rules of the Senate, most of them and follow your heart. You discussed very frankly the tragedy he which were designed to slow down the have the intellectual horsepower to make has had in his life, all while knowing of process. things better in the world around you. You’re also part of the most tolerant gen- this impending tragedy that was un- When you don’t have the relationship eration in history. I got roundly criticized folding with his son, Beau. The speech that can be built, when the two leaders because I could not remain quiet anymore was vintage Biden, with a lot of humor can’t get along, when the Senate can- about gay marriage. The one thing I was cer- and Irish tales, but the essence of the not be run by unanimous consent, is

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.026 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3750 CONGRESSIONAL RECORD — SENATE June 4, 2015 there any wonder that it is dysfunc- during a period of rapid growth, when pri- world. We have to be able to export, tional? Yet, we have the capacity, just vate banks were unwilling to lend to us with- and the Export-Import Bank is a very as Senator BIDEN and Senator Helms out a guarantee. valuable tool in order to facilitate the did, to overcome significant differences This is important to understand, that export of goods from the United States. and get things done. one of the most important programs There is bipartisan support. I believe At this time of grieving for the Biden the Export-Import Bank sponsors is a the votes are there in the House. Sen- family, as I read his Yale speech, I was guarantee of receivables from foreign ator MCCONNELL has committed to a reminded that there is a lot about what countries, which American banks— vote here in the Senate. I commend was expressed there in a grieving fa- quite logically in many cases because Senator CANTWELL and Senator GRA- ther who could not show his grief be- they don’t have the history, they can’t HAM for their work on behalf of this. cause it was still very private. There is collect—are very reluctant to factor or I hope we can bring this matter to a a lot of wisdom there. That is why I en- to finance. vote promptly and avoid the deadline tered it into the RECORD. She said: of June 30. I do not know why we can- I yield the floor. After 2 years of solid exports, our financial not do things around here before the I suggest the absence of a quorum. position strengthened so that the Ex-Im night before. Let’s get this done and The PRESIDING OFFICER. The guarantee was no longer needed. Private move on to more important topics. We clerk will call the roll. banks now meet all our credit needs. Our ex- should not even be having this debate. The senior assistant legislative clerk pansion and increased sales would have been This ought to be automatic, as, indeed, proceeded to call the roll. impossible without Ex-Im’s involvement. We Mr. KING. Madam President, I ask continue to use Ex-Im Bank to insure our reit has effectively been for some 80 unanimous consent that the order for ceivables to Ex-Im approved customers in de- years. I hope my colleagues will join me in the quorum call be rescinded. veloping countries. We pay reasonable pre- The PRESIDING OFFICER (Mrs. miums for this insurance. support of this program. We should not ERNST). Without objection, it is so or- This program makes money for the be playing games with this important dered. Federal government. This isn’t a hand- agency at a time of such intense global competition. EXPORT-IMPORT BANK out. This isn’t corporate welfare. They Madam President, I also wish to talk Mr. KING. Madam President, I rise are paying insurance premiums, which, today to discuss two important over the past 20 years or so, have re- about the national defense authoriza- issues—first, the Export-Import Bank. turned $7 billion to the U.S. Treasury. tion bill, which is also coming to the There is a lot about this place that This makes money. She pays her pre- floor today and is on the floor today. puzzles me, but one of the things that miums, and that is a positive for U.S. Sixty-five years ago this week a this year has puzzled me the most is taxpayers. freshman Senator from Maine rose on the movement to somehow defund or Being able to offer open payment terms for this floor, in this place, and made one end the Export-Import Bank. I just U.S.-made goods opens previously inacces- of the most important speeches in don’t get it. This is an agency of the sible markets for us. Our major manufactur- American history. It certainly was one Federal Government that has been ex- ers—including HP, Dell and Lenovo—have of the most important speeches of the committed to making more systems domes- 20th century. It was June 1, 1950. That traordinarily effective. It creates jobs tically to comply with Ex-Im’s ‘‘Made in in the United States. It supports jobs. freshman Senator was Margaret Chase USA’’ requirement for eligibility. This has a Smith of Maine. I got to know Mar- It supports American businesses. It huge multiplier effect on US employment. supports small American businesses. It . . . Since 2004, Planson’s annual export sales garet Chase Smith after she left the returns money to the Treasury. It fills have grown from $5 million to $35 million. Senate, in the 1980s and 1990s in Maine, a market niche that the private sector Our staff has grown from 5 to 35, and our before we lost her in 1995. has been unwilling or unable to fill. payroll has increased to almost $2 million. She told me about that speech. The This isn’t competition with the private We use local suppliers for a broad range of speech was about the dangers to the sector. This isn’t the government doing goods and services. country and, particularly, to this insti- something the private sector should do. She goes on to conclude: tution of the practices of Joseph This is the government filling a niche We achieve all this entirely through export McCarthy, of the smear campaigns, of that has been identified for over 80 sales. The U.S. Export-Import Bank is a key the innuendo, of the threats. Her years. And it makes a difference. partner in our success. speech took enormous courage. She I have visited several small compa- Why would we want to let this very told me two stories about the speech nies in Maine—I think there may be valuable program expire for some theo- that I think are interesting that I want eight or so—that benefit directly from retical reason that, frankly, I just find to note before I go on to the implica- this program, which supports 2 percent inexplicable? It makes money for the tions of that speech for what we are of the financing of U.S. exports. American taxpayers. It is projected to considering today. We are engaged in intense global continue to make money. But my pas- One was that, as she had the speech competition for the export of goods and sion here is about its support for small in her hand and got on the little trol- services, and to unilaterally disarm by businesses in Maine that otherwise ley to come from the Russell Building taking away one of the tools our busi- could not make these sales into the over here—at that time the Russell nesses use just doesn’t make any sense. international market. Building was the only Senate office I don’t understand what the impetus is As I mentioned, allowing the Export- building—who should be sitting in the for this move to undermine this very Import Bank charter to expire is a kind trolley in the seat next to her but Joe valuable program that is important to of unilateral disarmament in an era of McCarthy. Senator Smith sat down and our companies. intense global competition. It makes McCarthy turned to her and said: What I toured a little company in Maine no sense. Sixty other countries have are you up to today, Margaret? that resells computer and networking similar kinds of programs, and if we She told me that she responded: I am equipment all over the world, particu- take ours away, what we are doing is about to make a speech, Joe, and you larly to third-world countries that handcuffing our businesses while the are not going to like it. need this equipment desperately for rest of the world is moving forward She went on to the Senate floor. She various needs but particularly for cop- with their programs to support ex- had written that speech with her close ing with emergencies. It is a small ports. aide Bill Lewis at her kitchen table in business in Maine, has 35 employees, I used to start speeches in Maine by Skowhegan, ME, over Memorial Day and is owned by a woman, Connie Jus- saying, simply, ‘‘Five percent.’’ People weekend of 1950. She had the speech in tice. I visited with her, and she told me would look at me and say: What is he her hand, and Bill Lewis was in the this story. I don’t like to read, but I talking about, 5 percent? Well, 5 per- press gallery right up here. But she think this quote is so powerful from a cent is the percentage of the world’s told him not to hand out a copy of the real live business owner in Maine as to population that lives in North Amer- speech until she was well into giving it how important this program is. ica. That means that if our businesses on the Senate floor because she was Ex-Im’s Working Capital Loan Guarantee are going to ultimately be successful, afraid that she would lose her nerve program helped us expand our export sales we have to sell into the rest of the and not deliver the speech.

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.031 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3751 That speech took enormous courage. bill. I just do not think we should bor- we are not going to fix anything else. I It took enormous courage because she row the money to do it. talked about the FBI, the TSA, Border was telling her colleagues an uncom- Make no mistake, that is what we Patrol, and national security issues, fortable truth—an uncomfortable are doing. We are saying it is very im- but what about NIH and what about truth. I believe that today it is also important, these are important expendi- scientific research that can save lives? portant that we face uncomfortable tures, and it is critical for national de- And we are having the sequester and truths. fense that we make these expenditures saying: It is OK; we can do that. What I am a strong supporter of the Na- but not critical enough to pay for about education? What about, yes, tional Defense Authorization Act that them. That is the pattern. Head Start, which gives young people a is on the floor. I am a strong supporter Earlier this year we passed the so- chance to make a serious contribution of the need and the importance and called tax extenders. They ought to be to this country? how crucial that bill is to the defense called tax-cut extenders because that is I think the OCO trick that is in this and the security of this country. The what they are. Everybody said they bill is wrong on two counts. It is wrong most solid responsibility we have in were important to economic develop- on three counts, actually. No. 1, it is this place is set forth in the preamble ment and they were important for the not paid for. No. 2 it is not really what to the Constitution itself: to ‘‘provide country and important for certainty the Defense Department needs. They for the common defense’’ and ‘‘insure for businesses. All that was true, but it need base budget authority so they can domestic Tranquility.’’ That is what was not enough to pay for them. We plan, so they can look to the future, governments are established to do. borrowed the money. and so they can make decisions on an That is the basic fundamental responsi- Last year we passed a major rewrite ongoing basis that are necessary to bility—to ‘‘provide for the common de- of the Veterans’ Administration pro- commit to programs, plans, and fense’’ and ‘‘insure domestic Tran- gram, where everybody talked about projects that will defend this country. quility.’’ how important this was, how impor- The short-term OCO solution does not That is national security. That is tant the Veterans Affairs Department do that. That is No. 2. what this bill that is on the floor today was to our veterans, how much we No. 3, by ignoring the needs of the is all about. I worked in subcommittee owed our veterans, and how we had to rest of the Federal Government, by ig- on it. I have been to numerous, re- take care of this. But then we turned noring the needs of other parts of the peated hearings, as the Presiding Offi- around and borrowed the money from national security apparatus, we are not cer has, all through the winter and our grandchildren in order to fund it. serving the public we were sent here to early spring, where we learned about We did not fund it. look after. the strategic challenges facing this Recently, just in the last month or I support this bill, but I think we country. I commend the chair of the so, we fixed the so-called doc fix, which really ought to be thinking about alternative ways to fund the needs we committee for putting this in a stra- has been plaguing this place for a dozen have identified. It is too easy to say tegic context. We talked about big years. But we did not really fix it. We this is an important national priority issues with people such as Henry Kis- fixed it as far as the docs are con- but not important enough to pay for it. singer and Brzezinski and Madeleine cerned, but we fixed it by borrowing We are continually—even today, after Albright before we started talking the money. We did not pay for it. all of the talk about deficits and budg- about the specifics that are in this bill. Many of my colleagues talk a lot et control and everything else—finding And then we had lengthy sub- around here about the deficit and the ways to shift the burden to our kids committee meetings and subcommittee danger to the country. I think they are and to our grandchildren. I do not markups. right. I think the deficit is a serious think that is right. For me, one of the most satisfying danger to this country. But it seems Senator REED of Rhode Island has an that the deficit is only a problem when parts of my legislative experience here amendment to this bill that I think is has been the markup of this bill, where we think it is a problem, and then the an important one. All it simply says is we met as a committee, where we ar- next day, it is not a problem anymore that we are not going to spend that gued and debated and voted and had a because we are going to borrow $38 bil- OCO money in defense until we solve lot of amendments and tried to deal lion more to put into this bill. the problem more generally through- I think we need to stand up and pay with it for 2 solid days and came to a out the rest of the Federal Govern- conclusion, where, as I recall, the vote for things. I am no angel. I voted for all ment. out of the committee was something those things that I listed. But I think I realize it is not the responsibility of like 22 to 4. It was a very powerful it is time to start saying: Wait a the Defense Department or of the vote. minute; we cannot do this. By the way, Armed Services Committee to solve I am in total support of this piece of by fixing the sequester in the Depart- the overall budget problem within the legislation. However, my problem with ment of Defense, of course, we are not Defense bill. But I think we have a re- the legislation is that it attempts to fixing it anywhere else in the Federal sponsibility to look at the larger prob- avoid the impact of the sequester Government. Some people say: Well, lem, and we can contribute to its solu- through the use of the overseas contin- that is OK because defense is impor- tion by saying to our colleagues gency account money, which is not tant, and we are not so worried about throughout this body and in the House paid for. these other programs. Well, I am sorry, that there has to be a comprehensive We have had hearings. Every hearing but some of those other programs are solution before we say we are going to we have had this year has been talking little items such as the FBI. There has fix only defense and we are only going about the danger of the sequester to never been a time in the history of this to fix defense with borrowed money. national security. Indeed, I have been country when the FBI was more impor- There are three ways to solve this working with a number of my col- tant. budget problem—three ways. One is by leagues to try to find a solution for the We are facing serious, dangerous im- cuts, and there have already been sub- sequester, but the solution for the se- minent threats. To not fund the FBI or stantial cuts. From the projected budg- quester is not simply to borrow the the Border Patrol or the TSA and to ets back in 2010, there is something money from our grandchildren. What have the sequester affect those agen- like three-quarters of a trillion dollars bothers me about this legislation is cies and kid ourselves that we are deal- that has already been cut from defense that it is part of a pattern. When the ing with our national security respon- and other areas of the Federal budget. chips are down around here, we borrow sibilities is just not responsible. It is We have to continue to look at that, the money from our grandchildren. If 5- just not right. And to borrow the and we have to look at all aspects of year-olds could vote and knew what we money to fix some of these things is the Federal budget. were doing to them, we would all be not responsible or fair to our grand- The second way is revenues. Nobody dead ducks because we are passing the children. is supposed to talk about revenues bill on to them. I think we should fully We are saying: We are just going to around here, but the reality is that we fund the Department of Defense and fix defense with this funny-money deal, are not paying our bills. To pat our- the request at the level that is in this a gimmick wrapped up in a trick, but selves on the back for tax cuts when in

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I do not where he had been responsible for psy- that 75 percent of the people who think that is responsible. I do not chological operations, electronic war- served in the military would leave with think that is what we were sent here to fare and military deception for a retirement benefit rather than only do. Kandahar Province. He has been a 17, 18, 20 percent of the people who The third way, of course, to solve great addition to our office during this leave the military. It is a reform that this budget problem is by economic debate, and in my view this debate is really honors all of those who served in growth. Some people say that the only the most important debate we have. a good way and doesn’t penalize anyone way to grow the economy is to cut The No. 1 priority for the Federal who served. It still allows people who taxes. I have seen no economic study Government is to defend the country. have been serving under the old system that says that works. Maybe it works if We can spend all the time we want to stay under the old system. Obvi- you are reducing taxes, as they did in talking about all the other priorities ously, the longer you stay in that sys- 1960, from a 90-percent top marginal and all the things we should be doing tem, the better you are going to do. rate to now about 35 percent. Ok, I and whether there is some sudden mys- But the options now are basically no think that is significant. But to reduce tical balance between all of those pri- retirement benefit or a retirement ben- that marginal rate by two or three orities and defending the country, but efit that comes with substantial serv- points and say that it will stimulate a in most of our States, and certainly in ice and only with that kind of service. huge amount of economic activity— the State of Missouri, the one thing This bill creates retention bonuses to there is no economic justification for you can get the least argument on as keep people in the military longer than that. to what the Federal Government 20 years. We have men and women re- The two single biggest economic de- should do that we can’t do for our- tiring at the height of their capacity velopment projects in the recent his- selves is defend the country. That is with technical skills that are not eas- tory of the United States were the GI why for 54 years straight the Senate ily replaced. This bill recognizes that bill after World War II and the inter- has passed a defense authorizing bill and looks for ways to encourage them state highway system. Both of them every year. There are very few things to continue to serve. were investments, both of them cost that get authorized every year, very Our State, the State of Missouri, has money, and, by the way, our prede- few things that get debated every year, a real commitment to the military. cessors paid for them. They didn’t pass very few things that get looked at More than 17,000 Active-Duty service- the bill on to us. They paid for them. every year, but our national defense is members serve in Missouri. We have So, yes, we need to control taxes. one of those, and it is one of those for important bases in our State. We have Yes, we need to think about strategic a reason. 8,000 civilian Department of Defense tax reductions in ways and areas that We hear all kinds of reasons not to employees and more than 20,000 mem- will actually help stimulate the econ- move forward with this bill, and then bers of the Reserve and the National omy. I don’t understand how having you hear: But I am for the bill. Well, Guard. some guy who is managing money in that is because people understand that This bill authorizes funding to build New York pay half the tax rate that his this is one of the things the Federal a Consolidated Stealth Operations and secretary makes is a stimulus to the Government is supposed to do and in Nuclear Alert Facility at Whiteman economy. Yet that is what we are my view the top thing we can’t in any Air Force Base. It preserves and pre- doing. way do for ourselves. Local govern- vents the retirement of the A–10 plane We have to look at this problem in a ment can’t do this, State governments that has wide support in the Congress, comprehensive way. We have to look at can’t do this, individually we cannot do but more importantly the A–10 has health care costs, we have to look at this, and that is why this debate is al- wide support from the ground forces it the effects of demographics on Federal ways so important and why the Armed supports from the air. When you talk expenditures over the next 20 to 30 Services Committee voted this out 22 to people who serve on the ground, years, and we have to look at invest- to 4 after all kinds of discussions, such General Odierno and others, will say ments that will help our economy as, well, maybe the minority would not that in their view there is no plane grow. vote for this for the reasons we just that does what this plane does. Of The Presiding Officer and I work heard. But at the end of the day, the course, those who fly it and support it hard on this bill. I think it is an impor- vote was 22 to 4 out of the committee. are very important. Whiteman Air tant bill for the future of this country. Chairman MCCAIN and Ranking Mem- Force Base, again, has the 442nd Fight- I think it is an important bill to pro- ber REED have done a good job of bring- er Wing. It is an A–10 fighter wing tect the national security and to pro- ing this bill to the floor with bipar- which just returned from a deploy- vide for the common defense, but I tisan support and looking for ways to ment. think we need to do it in an honest and reform defense so we really focus our This bill also authorizes upgrades in open way and not try to fill a short- defense where the defenders are rather our cargo aircraft, such as the C–130 term budget gap with money our chil- than where the defenders are not. aircraft, which will help the main force dren and our grandchildren are going This bill is focused on eliminating as well as the National Guard and Re- to have to repay. I believe we can do wasteful spending. It focuses on finding serves. this. I believe we can face this respon- ways to reduce bureaucracy and In fact, Rosecrans Air National sibility because that is why we are streamline the critical military func- Guard Base in St. Joseph is a great here. tions we have. It puts a focus on the training facility not only for our I thank the Presiding Officer. fighting forces, not the bureaucratic forces, but that base also serves as a The PRESIDING OFFICER. The Sen- forces in the defense structure. training facility for our allies. At least ator from Missouri. The bill identifies $10 billion in ex- 16 of our allies trained at this facility Mr. BLUNT. Madam President, some- cessive and unnecessary spending and last year so they could figure out how one already asked unanimous consent reallocates those funds to our true to get supplies, how to get troops, and that U.S. Army MAJ Justin military capabilities. It also modern- how to move things with those cargo Gorkowski, who is a fellow in my Sen- izes the military retirement system so planes in ways that they would not ate office, be granted floor privileges that many more who served have a re- otherwise be able to do. for this debate. tirement benefit from serving. The cur- This bill also takes an important I just wanted to explain how pleased rent retirement system benefits less step in moving forward with the new and lucky we have been to have the than 20 percent of those who served in bomber. There is money here that major with us to help with these the Armed Forces because the people would continue to fund the new plan

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.033 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3753 for the idea out there for a long-range has a diagnosable and almost always The PRESIDING OFFICER. Is there bomber. We have to have that. We have treatable behavioral health issue. objection? to have a precision bombing capability I asked the Surgeon Generals of the Without objection, it is so ordered. that is better than anybody else’s. The Armed Forces if that number applies to Mr. BLUNT. I wish to make one planes we are using now have been the the Armed Forces, and without hesi- other comment on one other amend- best planes in the world for a long tation they said yes. They said: We re- ment I have that I will speak more time, but they will not be the best cruit from the general population and about later in this debate. It involves a planes in the world forever, and it is there is no reason that number concern I have for Iran’s growing influ- time to begin to move forward, as we wouldn’t apply to people serving us in ence in Iraq and the failure we have have been, toward that new plane. uniform. had in maintaining the commitment Those are all important projects. There The key is diagnosable and treat- we made to those Camp Liberty resi- are key initiatives here, such as pro- able—diagnosable and treatable in a dents whom we promised to protect. moting accountability and promoting way that people aren’t held back by More than 100 residents have been the standards we need to have for per- their behavior health issues any more killed at Camp Liberty. formance in the military and how we than they are held back by their phys- I recognize the State Department’s reward those standards. ical health issues. They just need to be ongoing efforts, but they are not good This bill maintains critical quality- dealt with. enough. I believe the Secretary of De- of-life programs for men and women We will look at mild traumatic stress fense needs to certify to the defense who serve and their families. This bill injury potential, post-traumatic stress committees that the central govern- addresses the needs of our wounded, ill, injury potential, and look at the things ment of Iraq is taking appropriate and and injured servicemembers. that might affect somebody as they sufficient steps to ensure the safety This bill continues to provide critical move forward from their time in the and security of Iranian dissidents assistance to our allies, particularly service. What happens in the service housed in Camp Liberty in Iraq. our ally Israel, where we have signifi- and what can happen years after really With that, I yield the floor. cant common research efforts. As we matters. The PRESIDING OFFICER. The Sen- have all seen in recent years, the Da- I think those amendments on mental ator from New Hampshire. vid’s Sling and Iron Dome weapon sys- health meet the evolving needs of serv- AMENDMENT NO. 1494 tems are critical not only for Israel’s icemembers and hopefully the evolving Mrs. SHAHEEN. Madam President, I security, but they have been a critical needs of how we understand behavioral ask unanimous consent to speak for 2 proving ground for the kind of response health as it relates to all other health. minutes on the pending amendment that was once looked at as some kind I have another amendment that No. 1494. of unachievable ‘‘Star Wars’’ capacity. would not allow the Army to go below The PRESIDING OFFICER. Is there Both David’s Sling and the Iron Dome the currently authorized end strength objection? have proved that capacity is, in fact, level of 475,000 soldiers. There are Without objection, it is so ordered. truly achievable, and we continue to threats around the world, and we need Mrs. SHAHEEN. Madam President, move forward with that kind of defense to increase our national security. the Supreme Court has ruled it is un- system in this bill. We heard General Odierno, Chief of constitutional to deny Federal benefits This also goes a long way toward Staff of the Army, testify earlier this to legally married, same-sex couples combating threats of cyber space and year before the Defense Appropriations and their children. Yet due to unre- cyber security by evaluating what Subcommittee about the risk associ- those vulnerabilities are and dealing lated provisions of the Federal Code, ated with going below 490,000 soldiers. State legislatures have the ability to with those vulnerabilities. This amendment would say you can’t I want to mention a few amendments indirectly deny Federal benefits to cer- go below the 475,000 soldiers until the tain disabled veterans and their fami- I filed and intend to offer before we Secretary of Defense tells the Congress move on with this bill. I believe my lies solely because they are in a same- how he plans to reduce excess head- sex marriage. This is unjust and, ac- amendments will strengthen the bill. quarters elements and excess adminis- First, I believe the military’s mental cording to the Supreme Court, it is un- trative overhead. constitutional. health screening process can be im- Just this morning, I read an article proved. We learned a lot about mental This amendment we are about to from military.com discussing Navy vote on would end the current prohibi- health and behavioral health over the Secretary Ray Mabus’s recent com- past 15 years. I believe we can continue tion on benefits for gay and lesbian ments about excessive bloat—his veterans and their families living in to adapt and, frankly, last year’s De- term—in the DOD headquarters func- fense authorization bill had important States that do not recognize same-sex tions. marriage. steps in this direction. I was able to get The article states: on the bill when I was a member of the I wish to quote from testimony we Secretary Mabus said Pentagon and Con- heard from the VFW at a Senate Vet- committee last year—not just the de- gressional budget cutters should look at fense appropriating committee I serve eliminating extra bureaucracy before slash- erans’ Affairs Committee hearing last on now but the defense authorizing ing funds for sailors and ships. month. The VFW said this, and I hope committee I served on then. Mabus said 20 percent of the Pentagon all of my colleagues will keep this in The amendments I will offer will im- budget is spent on what he called ‘‘pure over- mind as we vote. ‘‘Simply put, if a vet- prove the predeployment health assess- head’’—items not directory linked to readi- eran is legally married in a State that ment and postdeployment health reas- ness or ongoing operations. recognizes same-sex marriage, we’’— He [Mabus] referred to this ‘‘overhead’’ as the VFW—‘‘believe the VA should pro- sessment by requiring that all service- the fourth estate, specifying entities such as members be screened and that they the office of the Secretary of Defense, de- vide benefits to his or her spouse or don’t have to meet some criteria that fense agencies and organizations funded by surviving spouse the same way it does every member of the service may not the Under Secretaries of Defense. for every other legally married vet- meet. While people are serving, it is Here is a direct quote from Secretary eran.’’ important to establish the things that Mabus: Many of us speak all the time about have happened to them, so if they need There are other places to look rather than the need to honor the service of our help years later, perhaps, and come taking tools from the warfighter. To the ex- veterans and to make sure they have back and ask for assistance in what tent you can, protect the stuff that actually access to the care they deserve. This truly was a post-traumatic event which gets to the warfighter. amendment will right a wrong that so was caused by their service but didn’t I think my amendment would ensure many of our veterans who have fought show up for a number of years, having that the Secretary of Defense has to and volunteered deserve to have. the incidents and things that might take that quote to heart. I hope our colleagues will support have affected their mental health is The PRESIDING OFFICER. The Sen- this amendment so we can ensure that important. ate has an order for a vote at this hour. those veterans are treated equally. The National Institutes of Health Mr. BLUNT. I ask unanimous consent The PRESIDING OFFICER. Under says that one in four adult Americans for 1 additional minute. the previous order, the question is on

VerDate Sep 11 2014 04:33 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.036 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3754 CONGRESSIONAL RECORD — SENATE June 4, 2015 agreeing to amendment No. 1494, of- I say to the chairman and Senator daily training missions. Last year they fered by the Senator from New Hamp- REED, I have the privilege of rep- dropped 50 percent of the 82nd ABN’s shire, Mrs. SHAHEEN. resenting America’s Global Response chutes; 440 AW provides 100 percent of Mr. MCCAIN. I ask for the yeas and Force, the XVIII ABN Corps and the 18 ASOG, Air Force, training—Air nays. 82nd ABN Division. Force Special Operations Group. The PRESIDING OFFICER. Is there a As Senator REED knows from his long Even as a cost savings device, the sufficient second? service in the division, the 82nd is the transfer of 8 to 12 planes out of Pope There appears to be a sufficient sec- most decorated combat unit in the makes no sense, as planes will have to ond. Armed Forces—it is America’s Guard be flown in—often on a voluntarily The clerk will call the roll. of Honor. basis if they are Reserve units—from The bill clerk called the roll. GEN Colin Powell famously said, around the country and those units Mr. CORNYN. The following Senators ‘‘There is nothing that gets a bad guy’s will have to go on TDY orders, are necessarily absent: the Senator attention quicker than knowing the etcetera. This also does not provide for from South Carolina (Mr. GRAHAM), the 82nd ABN is flying straight for his the moving to the left effects of weath- Senator from Nevada (Mr. HELLER), the nose.’’ er grounding planes that would have to Senator from Kansas (Mr. MORAN), and But to put it bluntly, the Air Force fly into Pope from the rest of the coun- the Senator from Florida (Mr. RUBIO). wants to take the ‘‘air’’ out of ‘‘air- try. As the XVIII ABN Corps Com- Mr. DURBIN. I announce that the borne’’. mander said, the downstream effects Senator from California (Mrs. BOXER) In 2012 the Air Force decided to de- will be problematic. is necessarily absent. activate the Reserve Air Wing at Pope This amendment is simple and it sup- The PRESIDING OFFICER. Are there Army Airfield at Fort Bragg and elimi- ports the C–130 Avionic Modernization any other Senators in the Chamber de- nate onsite daily support for training Program that the Air Land Sub- siring to vote? for XVIII ABN Corps, 82nd ABN and committee validated yesterday by ac- The result was announced—yeas 53, USASOC. cepting the chairman’s $75 million The wing consists of 8–12 C–130Hs. nays 42, as follows: mark and the Manchin amendment. Last year this committee required [Rollcall Vote No. 203 Leg.] The Secretary of the Air Force shall, the Air Force to produce a report on by September 30, 2017, station aircraft YEAS—53 the C–130 fleet during which time the previously modified by the C–130 Avi- Ayotte Gillibrand Murray Air Force was required to maintain its onics Modernization Program, AMP, in Baldwin Heinrich Nelson wings at Pope and Little Rock for 1 Bennet Heitkamp Peters direct support of the daily training and Blumenthal Hirono Portman year—the report came out in April, the contingency requirements of the Army Booker Johnson Reed committee expected it last December. Airborne and Special Operations units. Brown Kaine Reid The Congress was to be given time to Cantwell King The Secretary shall provide such per- Sanders respond. sonnel as required to maintain and op- Capito Kirk Schatz Cardin Klobuchar Unfortunately, the Air Force began Schumer erate such aircraft. Carper Leahy dismantling the Wing at Pope long be- Shaheen There are roughly 260 C–130Hs left—I Casey Manchin Stabenow fore the report was produced and in di- believe the AF will try and retire up to Collins Markey rect opposition to this committee’s in- Coons McCaskill Tester 100, and it will hopefully replace 50 Donnelly Menendez Udall structions. When asked about this, the more with C–130J models—this leaves Durbin Merkley Warner Air Force said, ‘‘Congress said nothing Warren 100 C–130Hs that need AMP. Feinstein Mikulski about us taking away pilots and main- The AF spent $2.3 billion on C–130H Flake Murkowski Whitehouse Franken Murphy Wyden tainers, we are leaving the Aircraft’’. AMP, the program was on schedule and The chairman’s mark is full of behav- cost when the AF cancelled it, the de- NAYS—42 iors like this: including Air Force re- sign was validated by the JROC, Joint Alexander Enzi Perdue fusal to heed the recommendations of Requirements Oversight Council, and Barrasso Ernst Risch the National Commission on the Air Blunt Fischer Roberts the program had begun Low Rate Ini- Boozman Gardner Rounds Force and the SECAF’s refusal to cut tial Production, LRIP. Burr Grassley Sasse the size of AF headquarters. We currently have five C–130H AMP Cassidy Hatch Scott In my brief time in this body I have aircraft at Little Rock that will be Coats Hoeven Sessions Cochran Inhofe Shelby repeatedly asked the Air Force for doc- flown to the bone yard at a loss of Corker Isakson Sullivan umentation as to the impact on Air- approx $300 million, as well as four Cornyn Lankford Thune borne and Special Operations training AMP kits that can be modified to fit Cotton Lee Tillis the departure of dedicated Air Force Crapo McCain Toomey any C–130H, three simulators and all Cruz McConnell Vitter Wings will have. I have been rebuffed software that will be thrown away Daines Paul Wicker by Pentagon leadership. We can have nine AMP C–130Hs plus The Deputy Commander of the USAF NOT VOTING—5 simulators and software for $75 mil- Reserve said that planes at Pope were lion—this also adheres to the law Con- Boxer Heller Rubio Graham Moran a ‘‘luxury’’. The Chief of Staff of the gress passed last year and was vali- Air Force said that the Air Force need- dated by the Manchin amendment yes- The PRESIDING OFFICER (Mr. ed to maintain C–130s at Minneapolis, terday. HOEVEN). Under the previous order re- Youngstown, and Pittsburgh for impor- The bottom line is, if the AF does not quiring 60 votes for the adoption of this tant missions. With all due respect is take this course, it will send the five amendment, the amendment is re- there any mission at Pittsburgh, C–130H AMP aircraft to the boneyard, jected. Youngstown, and Minneapolis that is wasting $300 million, not to mention AMENDMENT NO. 1506 as important as supporting Airborne the simulators and software. Total The PRESIDING OFFICER. Under and Special Operations units. amount spent for AMP was $2.3 billion. the previous order, the question now In the last 3 months, the com- Program was approved by JROC and occurs on amendment No. 1506, offered manders of the XVIII ABN Corps and was on schedule and cost when AF by the Senator from North Carolina, 82nd ABN have taken the extraor- tried to cancel it. There are roughly 260 Mr. TILLIS. dinary step of delivering public speech- C–130Hs left—I believe the AF will try Mr. TILLIS. Mr. President, I want to es noting that Airborne and Special and retire up to 100, and it will hope- thank Matt Donovan and Stephen Bar- Operations leadership were not con- fully replace 50 more with C–130J mod- ney of Senator MCCAIN’s staff for their sulted about the Air Force decision and els—this leaves 100 C–130Hs that need patience and assistance in drafting this that the loss of onsite planes will se- AMP. Total cost to get nine aircraft, amendment. verely hamper their ability to train all simulators and software running I also want to thank COL Anthony and meet requirements of emergency again is approximately $75M which was Lazarski of Senator INHOFE’s staff and, contingencies. funded this year. of course my senior colleague from The Pope planes provide between 25 The PRESIDING OFFICER. The Sen- Oklahoma. to 40 percent of all Airborne and SOF ator from Rhode Island.

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.037 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3755 Mr. REED. Mr. President, very The PRESIDING OFFICER. The Sen- they are current and effective to prevent a quickly, the Senator from North Caro- ator from Oklahoma. reoccurrence; and (4) the Department of Defense should keep lina worked very hard to get legislative CHANGE OF VOTE Congress apprised of the investigation, any language in the bill which has a study Mr. COTTON. Mr. President, on roll- potential public health or safety risk, reme- of the sufficiency of the airlift require- call vote No. 204 I voted yes. It was my dial actions taken and plans to regularly re- ments for the units stationed at Fort intention to vote no. I ask unanimous assess standards. Bragg, NC. This legislation would take consent that I be permitted to change AMENDMENT NO. 1539 several aircraft that are at Little Rock my vote since it will not affect the out- (Purpose: To prohibit the Department of De- and move them up to North Carolina. come. fense from entering into contracts to fa- It would not effectively help the mobil- The PRESIDING OFFICER. Without cilitate payments for honoring members of ity of our forces. It would micro- objection, it is so ordered. the Armed Forces at sporting events) manage the use of military aircraft. As Mr. COTTON. Mr. President, I yield Insert after section 342 the following: such, I would ask that there be a ‘‘no’’ the floor. SEC. 342A. PROHIBITION ON CONTRACTS TO FA- The PRESIDING OFFICER. The Sen- CILITATE PAYMENTS FOR HON- vote. ORING MEMBERS OF THE ARMED I ask for the yeas and nays. ator from Arkansas. FORCES AT SPORTING EVENTS. The PRESIDING OFFICER. Is there a Mr. BOOZMAN. Mr. President, on (a) SENSE OF SENATE.—It is the sense of the sufficient second? rollcall vote No. 204, I voted yes. It was Senate that— There is a sufficient second. my intention to vote no. Therefore, I (1) the Army National Guard has paid pro- The question is on agreeing to the ask unanimous consent that I be per- fessional sports organizations to honor mem- amendment. mitted to change my vote since it will bers of the Armed Forces; (2) any organization wishing to honor The clerk will call the roll. not affect the outcome. members of the Armed Forces should do so The legislative clerk called the roll. The PRESIDING OFFICER. Without on a voluntary basis, and the Department of Mr. CORNYN. The following Senators objection, it is so ordered. Defense should take action to ensure that no are necessarily absent: the Senator VOTE EXPLANATION payments be made for such activities in the from Tennessee (Mr. ALEXANDER), the ∑ Mr. DURBIN. Mr. President, I was future; and Senator from South Carolina (Mr. GRA- necessarily absent for vote No. 204 on (3) any organization, including the Na- HAM), the Senator from Nevada (Mr. Tillis amendment No. 1506. Had I been tional Football League, that has accepted taxpayer funds to honor members of the HELLER), the Senator from Kansas (Mr. in the Chamber I would have opposed Armed Forces should consider directing an MORAN), and the Senator from Florida this amendment. Section 136 of the un- equivalent amount of funding in the form of (Mr. RUBIO). derlying bill requires the Secretary of a donation to a charitable organization that Further, if present and voting, the the Air Force in consultation with the supports members of the Armed Forces, vet- Senator from Tennessee (Mr. ALEX- Secretary of the Army to examine the erans, and their families. ANDER) would have voted ‘‘yea.’’ daily training and contingency require- (b) PROHIBITION.— Mr. REID. I announce that the Sen- ments of the C–130 fleet on this issue.∑ (1) IN GENERAL.—Subchapter I of chapter 134 of title 10, United States Code, is amend- ator from California (Mrs. BOXER), the The PRESIDING OFFICER. The Sen- ed by inserting after section 2241a the fol- Senator from Illinois (Mr. DURBIN), and ator from Arizona. lowing new section: the Senator from Vermont (Mr. SAND- AMENDMENTS NOS. 1618, 1539, 1551, 1571, 1484, AND ‘‘§ 2241b. Prohibition on contracts providing 1511 TO AMENDMENT NO. 1463 ERS) are necessarily absent. payments for activities to honor members The PRESIDING OFFICER. Are there Mr. MCCAIN. Mr. President, the of the armed forces any other Senators in the Chamber de- ranking member and I have a small ‘‘(a) PROHIBITION.—The Department of De- siring to vote? package of amendments that have been fense may not enter into any contract or The result was announced—yeas 48, cleared by both sides. other agreement under which payments are nays 44, as follows: I ask unanimous consent that the fol- to be made in exchange for activities by the [Rollcall Vote No. 204 Leg.] lowing amendments be called up, re- contractor intended to honor, or giving the appearance of honoring, members of the YEAS—48 ported by number, and agreed to en bloc: Shaheen No. 1618; McCain, armed forces (whether members of the reg- Ayotte Flake Paul ular components or the reserve components) Barrasso Gardner Perdue Blumenthal, and Flake No. 1539; Sha- at any form of sporting event. Blunt Grassley Portman heen No. 1551; Warner No. 1571; Hoeven ‘‘(b) CONSTRUCTION.—Nothing in subsection Burr Hatch Risch No. 1484; and Heller No. 1511. (a) shall be construed as prohibiting the De- Cassidy Hoeven Roberts partment from taking actions to facilitate Coats Inhofe Rounds The PRESIDING OFFICER. Is there Cochran Isakson Sasse objection? activities intended to honor members of the Collins Johnson Scott Without objection, it is so ordered. armed forces at sporting events that are pro- Corker Kirk Sessions The clerk will report the amend- vided on a pro bono basis or otherwise funded Cornyn Lankford Shelby ments en bloc by number. with non-Federal funds if such activities are Crapo Lee Sullivan provided and received in accordance with ap- Cruz McCain Thune The bill clerk read as follows: plicable rules and regulations regarding the Daines McCaskill Tillis The Senator from Arizona [Mr. MCCAIN], acceptance of gifts by the military depart- Enzi McConnell Toomey for others, proposes en bloc amendments ments, the armed forces, and members of the Ernst Menendez Vitter numbered 1618, 1539, 1551, 1571, 1484, and 1511 Fischer Murkowski Wicker armed forces.’’. to amendment No. 1463. (2) CLERICAL AMENDMENT.—The table of NAYS—44 The amendments en bloc are as fol- sections at the beginning of subchapter I of Baldwin Franken Nelson lows: chapter 134 of such title is amended by in- Bennet Gillibrand Peters serting after the item relating to section AMENDMENT NO. 1618 Blumenthal Heinrich Reed 2241a the following new item: Booker Heitkamp In the appropriate place please insert the Reid ‘‘2241b. Prohibition on contracts providing Boozman Hirono following: Schatz payments for activities to Brown Kaine Schumer SENSE OF SENATE.—It is the sense of the honor members of the armed Cantwell King Shaheen Senate that— Capito Klobuchar Stabenow (1) the accidental transfer of live Bacillus forces at sporting events.’’. Cardin Leahy Tester anthracis, also known as anthrax, from an AMENDMENT NO. 1551 Carper Manchin Udall Casey Markey Army laboratory to more than 28 labora- (Purpose: To require a study and report on Warner Coons Merkley tories located in at least 12 states and three the changes to the Joint Travel Regula- Cotton Mikulski Warren countries discovered in May 2015 represents a tions related to flat rate per diem for long Donnelly Murphy Whitehouse serious safety lapse; term temporary duty travel that took ef- Feinstein Murray Wyden (2) the Department of Defense, in coopera- fect on November 1, 2014) NOT VOTING—8 tion with the Centers for Disease Control At the end of subtitle C of title VI, add the and Prevention and the Federal Bureau of following: Alexander Graham Rubio Investigation, should continue to investigate Boxer Heller Sanders SEC. 622. STUDY AND REPORT ON POLICY Durbin Moran the cause of this lapse and determine if pro- CHANGES TO THE JOINT TRAVEL tective protocols should be strengthened; REGULATIONS. The amendment (No. 1506) was agreed (3) the Department of Defense should reas- (a) STUDY.—The Comptroller General of to. sess standards on a regular basis to ensure the United States shall conduct a study on

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.040 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3756 CONGRESSIONAL RECORD — SENATE June 4, 2015 the impact of the policy changes to the Joint (1) An assessment of the costs, training re- tial surplus funds or unnecessary budget au- Travel Regulations for the Uniformed Serv- quirements, and personnel required to create thority identified by an employee would not ice Members and Department of Defense Ci- an association for the Global Hawk mission hinder the effectiveness of the agency, ex- vilian Employees related to flat rate per consisting of members of the Air Force serv- cept as provided in subsection (e), the head diem for long term temporary duty travel ing on active duty and members of the Air of the agency shall transfer the amount of that took effect on November 1, 2014. The National Guard. the surplus funds or unnecessary budget au- study shall assess the following: (2) The capacity of the Air National Guard thority from the applicable appropriations (1) The impact of such changes on shipyard to support an association described in para- account to the general fund of the Treasury. workers who travel on long-term temporary graph (1). ‘‘(2) Title X of the Congressional Budget duty assignments. AMENDMENT NO. 1511 and Impoundment Control Act of 1974 (2 (2) Whether such changes have discouraged (Purpose: To require additional elements in U.S.C. 681 et seq.) shall not apply to transfers employees of the Department of Defense, in- the report on the plan on the privatization under paragraph (1). cluding civilian employees at shipyards and of the defense commissary system) ‘‘(3) Any amounts transferred under para- depots, from volunteering for important graph (1) shall be deposited in the Treasury temporary duty travel assignments. On page 265, strike line 15 and insert the and used for deficit reduction, except that in (b) REPORT.—Not later than June 1, 2016, following: the case of a fiscal year for which there is no the Comptroller General shall submit to the result of the implementation of the plan; Federal budget deficit, such amounts shall Committee on Armed Services of the Senate (C) an assessment whether the privatized be used to reduce the Federal debt (in such and the Committee on Armed Services of the defense commissary system under the plan manner as the Secretary of the Treasury House of Representatives a report on the can sustain the current savings to patrons of considers appropriate). the defense commissary system; study required by subsection (a). ‘‘(e)(1) The head of an agency may retain (D) an assessment of the impact that pri- AMENDMENT NO. 1571 not more than 10 percent of amounts to be vatization of the defense commissary system transferred to the general fund of the Treas- (Purpose: To express the sense of Congress under the plan would have on all eligible ury under subsection (d). on diversity among members of the Armed beneficiaries; ‘‘(2) Amounts retained by the head of an Forces) (E) an assessment whether the privatized agency under paragraph (1) may be— At the end of subtitle C of title V, add the defense commissary system under the plan ‘‘(A) used for the purpose of paying a cash following: can sustain the continued operation of exist- award under subsection (a) to 1 or more em- ing commissaries; and SEC. 524. SENSE OF CONGRESS RECOGNIZING ployees who identified the surplus funds or THE DIVERSITY OF THE MEMBERS (F) an assessment whether privatization of unnecessary budget authority; and OF THE ARMED FORCES. the defense commissary system is feasible ‘‘(B) to the extent amounts remain after (a) FINDINGS.—Congress finds the fol- for overseas commissaries. paying cash awards under subsection (a), lowing: The PRESIDING OFFICER. Under (1) The United States military includes in- transferred or reprogrammed for use by the the previous order, the amendments agency, in accordance with any limitation dividuals with a variety of national, ethnic, Nos. 1618, 1539, 1551, 1571, 1484, and 1511 and cultural backgrounds that have roots all on such a transfer or reprogramming under over the world. are agreed to en bloc. any other provision of law. (2) In addition to diverse backgrounds, AMENDMENT NO. 1543 TO AMENDMENT NO. 1463 ‘‘(f)(1) The head of each agency shall sub- members of the Armed Forces come from nu- Mr. MCCAIN. Mr. President, on be- mit to the Director of the Office of Personnel Management an annual report regarding— merous religious traditions, including Chris- half of Senator PAUL, I ask unanimous tian, Hindu, Jewish, Muslim, Sikh, non-de- ‘‘(A) each disclosure of possible fraud, consent to set aside the pending waste, or mismanagement or identification nominational, nonpracticing, and many amendment in order to call up amend- more. of potentially surplus funds or unnecessary (3) Members of the Armed Forces from di- ment No. 1543. budget authority by an employee of the verse backgrounds and religious traditions The PRESIDING OFFICER. Is there agency determined by the agency to have have lost their lives or been injured defend- objection? merit; ing the national security of the United Without objection, it is so ordered. ‘‘(B) the total savings achieved through States. The clerk will report. disclosures and identifications described in (4) Diversity contributes to the strength of The bill clerk read as follows: subparagraph (A); and ‘‘(C) the number and amount of cash the Armed Forces, and service members from The Senator from Arizona [Mr. MCCAIN], different backgrounds and religious tradi- awards by the agency under subsection (a). for Mr. PAUL, proposes an amendment num- ‘‘(2)(A) The head of each agency shall in- tions share the same goal of defending the bered 1543 to amendment No. 1463. United States. clude the information described in paragraph (5) The unity of the Armed Forces reflects Mr. MCCAIN. Mr. President, I ask (1) in each budget request of the agency sub- the strength in diversity that makes the unanimous consent that the reading of mitted to the Office of Management and United States a great Nation. the amendment be dispensed with. Budget as part of the preparation of the (b) SENSE OF CONGRESS.—It is the sense of The PRESIDING OFFICER. Without budget of the President submitted to Con- Congress that the United States should— objection, it is so ordered. gress under section 1105(a) of title 31, United (1) continue to recognize and promote di- The amendment is as follows: States Code. versity in the Armed Forces; and ‘‘(B) The Director of the Office of Per- (Purpose: To strengthen employee cost sav- (2) honor those from all diverse back- sonnel Management shall submit to the ings suggestions programs within the Fed- grounds and religious traditions who have Committee on Appropriations of the Senate, eral Government) made sacrifices in serving the United States the Committee on Appropriations of the through the Armed Forces. At the end of title XI, add the following: House of Representatives, and the Govern- SEC. 1116. COST SAVINGS ENHANCEMENTS. ment Accountability Office an annual report AMENDMENT NO. 1484 (a) IN GENERAL.—Section 4512 of title 5, on Federal cost saving and awards based on (Purpose: To require a report on Air Na- United States Code, is amended— the reports submitted under subparagraph tional Guard contributions to the RQ–4 (1) in subsection (a)— (A). Global Hawk mission) (A) in the matter preceding paragraph (1), ‘‘(g) The Director of the Office of Personnel In title XVI, after subtitle A, insert the by inserting ‘‘or identification of surplus Management shall— following: funds or unnecessary budget authority’’ ‘‘(1) ensure that the cash award program of Subtitle B—Defense Intelligence and after ‘‘mismanagement’’; each agency complies with this section; and Intelligence-related Activities (B) in paragraph (2), by inserting ‘‘or iden- ‘‘(2) submit to Congress an annual certifi- SEC. 1621. REPORT ON AIR NATIONAL GUARD tification’’ after ‘‘disclosure’’; and cation indicating whether the cash award CONTRIBUTIONS TO THE RQ–4 GLOB- (C) in the matter following paragraph (2), program of each agency complies with this AL HAWK MISSION. by inserting ‘‘or identification’’ after ‘‘dis- section. (a) REPORT REQUIRED.—Not later than 180 closure’’; and ‘‘(h) Not later than 3 years after the date of days after the date of the enactment of this (2) by adding at the end the following: enactment of this subsection, and every 3 Act, the Secretary of the Air Force, in co- ‘‘(c) The Inspector General of an agency or years thereafter, the Comptroller General of ordination with the Chief of Staff of the Air other agency employee designated under the United States shall submit to Congress a Force and the Chief of the National Guard subsection (b) shall refer to the Chief Finan- report on the operation of the cost savings Bureau, shall submit to Congress a report on cial Officer of the agency any potential sur- and awards program under this section, in- the feasibility of using the Air National plus funds or unnecessary budget authority cluding any recommendations for legislative Guard in association with the active duty identified by an employee, along with any changes.’’. Air Force to operate and maintain the RQ–4 recommendations of the Inspector General or (b) OFFICERS ELIGIBLE FOR CASH AWARDS.— Global Hawk. other agency employee. (1) IN GENERAL.—Section 4509 of title 5, (b) CONTENTS.—The report required by (a) ‘‘(d)(1) If the Chief Financial Officer of an United States Code, is amended to read as shall include the following: agency determines that rescission of poten- follows:

VerDate Sep 11 2014 04:34 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.011 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3757 ‘‘§ 4509. Prohibition of cash award to certain ment be set aside, and on behalf of Sen- ‘‘(i) substantially all of the properties held officers ator DURBIN I call up amendment No. directly or indirectly by a domestic corpora- ‘‘(a) DEFINITIONS.—In this section, the term 1559. tion; or ‘agency’— The PRESIDING OFFICER. Is there ‘‘(ii) substantially all of the assets of, or ‘‘(1) has the meaning given that term objection? substantially all of the properties consti- under section 551(1); and Without objection, it is so ordered. tuting a trade or business of, a domestic ‘‘(2) includes an entity described in section partnership; and The clerk will report. ‘‘(B) after the acquisition, either— 4501(1). The legislative clerk read as follows: ‘‘(b) PROHIBITION.—An officer may not re- ‘‘(i) more than 50 percent of the stock (by The Senator from Rhode Island [Mr. REED], ceive a cash award under this subchapter if vote or value) of the entity is held— for Mr. DURBIN, proposes an amendment the officer— ‘‘(I) in the case of an acquisition with re- numbered 1559 to amendment No. 1463. ‘‘(1) serves in a position at level I of the spect to a domestic corporation, by former Executive Schedule; Mr. REED. Mr. President, I ask unan- shareholders of the domestic corporation by ‘‘(2) is the head of an agency; or imous consent that the reading of the reason of holding stock in the domestic cor- ‘‘(3) is a commissioner, board member, or amendment be dispensed with. poration; or other voting member of an independent es- The PRESIDING OFFICER. Without ‘‘(II) in the case of an acquisition with re- tablishment.’’. objection, it is so ordered. spect to a domestic partnership, by former partners of the domestic partnership by rea- (2) TECHNICAL AND CONFORMING AMEND- The amendment is as follows: son of holding a capital or profits interest in MENT.—The table of sections for chapter 45 of (Purpose: To prohibit the award of Depart- title 5, United States Code, is amended by the domestic partnership; or ment of Defense contracts to inverted do- ‘‘(ii) the management and control of the striking the item relating to section 4509 and mestic corporations) inserting the following: expanded affiliated group which includes the At the end of subtitle B of title VIII, add entity occurs, directly or indirectly, pri- ‘‘4509. Prohibition of cash award to certain the following: marily within the United States, as deter- officers.’’. SEC. 832. PROHIBITION ON AWARDING OF DE- mined pursuant to regulations prescribed by The PRESIDING OFFICER. The Sen- PARTMENT OF DEFENSE CON- the Secretary of the Treasury, and such ex- TRACTS TO INVERTED DOMESTIC panded affiliated group has significant do- ator from Rhode Island. CORPORATIONS. mestic business activities. AMENDMENT NO. 1564 TO AMENDMENT NO. 1463 (a) PROHIBITION.— ‘‘(2) EXCEPTION FOR CORPORATIONS WITH Mr. REED. Mr. President, I ask unan- (1) IN GENERAL.—Chapter 137 of title 10, SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN United States Code, is amended by adding at imous consent that the pending amend- COUNTRY OF ORGANIZATION.— the end the following new section: ment be set aside, and on behalf of Mr. ‘‘(A) IN GENERAL.—A foreign incorporated BLUMENTHAL, I call up amendment No. ‘‘§ 2338. Prohibition on awarding contracts to entity described in paragraph (1) shall not be 1564. inverted domestic corporations treated as an inverted domestic corporation The PRESIDING OFFICER. Is there ‘‘(a) PROHIBITION.— if after the acquisition the expanded affili- objection? ‘‘(1) IN GENERAL.—The head of an agency ated group which includes the entity has may not award a contract for the procure- substantial business activities in the foreign Without objection, it is so ordered. ment of property or services to— The clerk will report. country in which or under the law of which ‘‘(A) any foreign incorporated entity that the entity is created or organized when com- The legislative clerk read as follows: such head has determined is an inverted do- pared to the total business activities of such The Senator from Rhode Island, [Mr. mestic corporation or any subsidiary of such expanded affiliated group. REED], for Mr. BLUMENTHAL, proposes an entity; or ‘‘(B) SUBSTANTIAL BUSINESS ACTIVITIES.— amendment numbered 1564 to amendment ‘‘(B) any joint venture if more than 10 per- The Secretary of the Treasury (or the Sec- No. 1463. cent of the joint venture (by vote or value) is retary’s delegate) shall establish regulations Mr. REED. Mr. President, I ask unan- owned by a foreign incorporated entity that for determining whether an affiliated group imous consent that the reading of the such head has determined is an inverted do- has substantial business activities for pur- amendment be dispensed with. mestic corporation or any subsidiary of such poses of subparagraph (A), except that such entity. The PRESIDING OFFICER. Without regulations may not treat any group as hav- ‘‘(2) SUBCONTRACTS.— ing substantial business activities if such objection, it is so ordered. ‘‘(A) IN GENERAL.—The head of an execu- group would not be considered to have sub- The amendment is as follows: tive agency shall include in each contract for stantial business activities under the regula- (Purpose: To increase civil penalties for vio- the procurement of property or services tions prescribed under section 7874 of the In- lations of the Servicemembers Civil Relief awarded by the executive agency with a ternal Revenue Code of 1986, as in effect on Act) value in excess of $10,000,000, other than a May 8, 2014. At the end of subtitle G of title X, add the contract for exclusively commercial items, a ‘‘(3) SIGNIFICANT DOMESTIC BUSINESS ACTIVI- following: clause that prohibits the prime contractor TIES.— on such contract from— ‘‘(A) IN GENERAL.—For purposes of para- SEC. 1085. INCREASE IN CIVIL PENALTIES FOR ‘‘(i) awarding a first-tier subcontract with graph (1)(B)(ii), an expanded affiliated group VIOLATION OF SERVICEMEMBERS CIVIL RELIEF ACT. a value greater than 10 percent of the total has significant domestic business activities (a) IN GENERAL.—Section 801(b)(3) of the value of the prime contract to an entity or if at least 25 percent of— Servicemembers Civil Relief Act (50 U.S.C. joint venture described in paragraph (1); or ‘‘(i) the employees of the group are based App. 597(b)(3)) is amended— ‘‘(ii) structuring subcontract tiers in a in the United States; (1) in subparagraph (A), by striking manner designed to avoid the limitation in ‘‘(ii) the employee compensation incurred ‘‘$55,000’’ and inserting ‘‘$110,000’’; and paragraph (1) by enabling an entity or joint by the group is incurred with respect to em- (2) in subparagraph (B), by striking venture described in paragraph (1) to perform ployees based in the United States; ‘‘$110,000’’ and inserting ‘‘$220,000’’. more than 10 percent of the total value of ‘‘(iii) the assets of the group are located in (b) EFFECTIVE DATE.—The amendments the prime contract as a lower-tier subcon- the United States; or made by subsection (a) shall take effect on tractor. ‘‘(iv) the income of the group is derived in the date that is 180 days after the date of the ‘‘(B) PENALTIES.—The contract clause in- the United States. enactment of this Act and shall apply with cluded in contracts pursuant to subpara- ‘‘(B) DETERMINATION.—Determinations pur- respect to violations of the Servicemembers graph (A) shall provide that, in the event suant to subparagraph (A) shall be made in Civil Relief Act (50 U.S.C. App. 501 et seq.) that the prime contractor violates the con- the same manner as such determinations are that occur on or after such date. tract clause— made for purposes of determining substantial Mr. REED. Mr. President, I also ask ‘‘(i) the prime contract may be terminated business activities under regulations re- unanimous consent that this amend- for default; and ferred to in paragraph (2) as in effect on May ‘‘(ii) the matter may be referred to the sus- 8, 2014, but applied by treating all references ment be considered as if it were offered pension or debarment official for the appro- in such regulations to ‘foreign country’ and before Senator PAUL’s amendment to priate agency and may be a basis for suspen- ‘relevant foreign country’ as references to maintain an alternation between sion or debarment of the prime contractor. ‘the United States’. The Secretary of the Democratic amendments and Repub- ‘‘(b) INVERTED DOMESTIC CORPORATION.— Treasury (or the Secretary’s delegate) may lican amendments. ‘‘(1) IN GENERAL.—For purposes of this sec- issue regulations decreasing the threshold The PRESIDING OFFICER. Is there tion, a foreign incorporated entity shall be percent in any of the tests under such regu- objection? treated as an inverted domestic corporation lations for determining if business activities Without objection, it is so ordered. if, pursuant to a plan (or a series of related constitute significant domestic business ac- transactions)— tivities for purposes of this paragraph. AMENDMENT NO. 1559 TO AMENDMENT NO. 1463 ‘‘(A) the entity completes before, on, or ‘‘(c) WAIVER.— Mr. REED. Mr. President, I ask unan- after May 8, 2014, the direct or indirect ac- ‘‘(1) IN GENERAL.—The head of an agency imous consent that the pending amend- quisition of— may waive subsection (a) with respect to any

VerDate Sep 11 2014 04:34 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.015 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3758 CONGRESSIONAL RECORD — SENATE June 4, 2015 Federal Government contract under the au- Mr. MCCAIN. Mr. President, I ask ‘‘(2) Amounts retained by the head of an thority of such head if the head determines unanimous consent that the order for agency under paragraph (1) may be— that the waiver is required in the interest of the quorum call be rescinded. ‘‘(A) used for the purpose of paying a cash national security or is necessary for the effi- The PRESIDING OFFICER. Without award under subsection (a) to 1 or more em- cient or effective administration of Federal ployees who identified the surplus funds or or Federally-funded programs that provide objection, it is so ordered. unnecessary budget authority; and health benefits to individuals. Mr. MCCAIN. Mr. President, I ask ‘‘(B) to the extent amounts remain after ‘‘(2) REPORT TO CONGRESS.—The head of an that Senators wait to speak—which I paying cash awards under subsection (a), agency issuing a waiver under paragraph (1) will be asking to be in morning busi- transferred or reprogrammed for use by the shall, not later than 14 days after issuing ness in about 2 or 3 minutes—while we agency, in accordance with any limitation such waiver, submit a written notification of finish seeing if the modification that on such a transfer or reprogramming under the waiver to the Committees on Armed may be at the desk is approved. I ask any other provision of law. Services and Appropriations of the Senate for their patience for 2 or 3 minutes ‘‘(f)(1) The head of each agency shall sub- and the House of Representatives. mit to the Director of the Office of Personnel until we get this done. ‘‘(d) APPLICABILITY.— Management an annual report regarding— ‘‘(1) IN GENERAL.—Except as provided in The PRESIDING OFFICER. Is there ‘‘(A) each disclosure of possible fraud, paragraph (2), this section shall not apply to objection? waste, or mismanagement or identification any contract entered into before the date of Without objection, it is so ordered. of potentially surplus funds or unnecessary the enactment of this section. Mr. MCCAIN. I suggest the absence of budget authority by an employee of the ‘‘(2) TASK AND DELIVERY ORDERS.—This sec- a quorum. agency determined by the agency to have tion shall apply to any task or delivery order The PRESIDING OFFICER. The merit; issued after the date of the enactment of this clerk will call the roll. ‘‘(B) the total savings achieved through disclosures and identifications described in section pursuant to a contract entered into The legislative clerk proceeded to before, on, or after such date of enactment. subparagraph (A); and ‘‘(3) SCOPE.—This section applies only to call the roll. ‘‘(C) the number and amount of cash contracts subject to regulation under the Mr. MCCAIN. Mr. President, I ask awards by the agency under subsection (a). Federal Acquisition Regulation and the De- unanimous consent that the order for ‘‘(2)(A) The head of each agency shall in- fense Supplement to the Federal Acquisition the quorum call be rescinded. clude the information described in paragraph Regulation. The PRESIDING OFFICER. Without (1) in each budget request of the agency sub- ‘‘(e) DEFINITIONS AND SPECIAL RULES.— objection, it is so ordered. mitted to the Office of Management and ‘‘(1) DEFINITIONS.—In this section, the Budget as part of the preparation of the AMENDMENT NO. 1543, AS MODIFIED terms ‘expanded affiliated group’, ‘foreign budget of the President submitted to Con- incorporated entity’, ‘person’, ‘domestic’, Mr. MCCAIN. Mr. President, I ask gress under section 1105(a) of title 31, United and ‘foreign’ have the meaning given those unanimous consent that the following States Code. terms in section 835(c) of the Homeland Se- amendment, No. 1543, be modified with ‘‘(B) The Director of the Office of Per- curity Act of 2002 (6 U.S.C. 395(c)). the changes at the desk. sonnel Management shall submit to the ‘‘(2) SPECIAL RULES.—In applying sub- The PRESIDING OFFICER. Is there Committee on Appropriations of the Senate, section (b) of this section for purposes of sub- objection? the Committee on Appropriations of the House of Representatives, and the Govern- section (a) of this section, the rules described Without objection, it is so ordered. under 835(c)(1) of the Homeland Security Act ment Accountability Office an annual report of 2002 (6 U.S.C. 395(c)(1)) shall apply.’’. The amendment, as modified, is as on Federal cost saving and awards based on (2) CLERICAL AMENDMENT.—The table of follows: the reports submitted under subparagraph sections at the beginning of chapter 137 of At the end of title XI, add the following: (A). title 10, United States Code, is amended by SEC. 1116. COST SAVINGS ENHANCEMENTS. ‘‘(g) The Director of the Office of Personnel Management shall— inserting after the item relating to section (a) IN GENERAL.—Section 4512 of title 5, ‘‘(1) ensure that the cash award program of 2337 the following new item: United States Code, is amended— each agency complies with this section; and ‘‘2338. Prohibition on awarding contracts to (1) in subsection (a)— ‘‘(2) submit to Congress an annual certifi- inverted domestic corpora- (A) in the matter preceding paragraph (1), cation indicating whether the cash award tions.’’ by inserting ‘‘or identification of surplus program of each agency complies with this funds or unnecessary budget authority’’ (b) REGULATIONS REGARDING MANAGEMENT section. after ‘‘mismanagement’’; AND CONTROL.— ‘‘(h) Not later than 3 years after the date of (B) in paragraph (2), by inserting ‘‘or iden- (1) IN GENERAL.—The Secretary of the enactment of this subsection, and every 3 tification’’ after ‘‘disclosure’’; and Treasury (or the Secretary’s delegate) shall, years thereafter, the Comptroller General of (C) in the matter following paragraph (2), for purposes of section 2338(b)(1)(B)(ii) of the United States shall submit to Congress a by inserting ‘‘or identification’’ after ‘‘dis- title 10, United States Code, as added by sub- report on the operation of the cost savings closure’’; and section (a), prescribe regulations for pur- and awards program under this section, in- (2) by adding at the end the following: poses of determining cases in which the man- cluding any recommendations for legislative ‘‘(c) The Inspector General of an agency or agement and control of an expanded affili- changes.’’. other agency employee designated under ated group is to be treated as occurring, di- (b) OFFICERS ELIGIBLE FOR CASH AWARDS.— subsection (b) shall refer to the Chief Finan- rectly or indirectly, primarily within the (1) IN GENERAL.—Section 4509 of title 5, cial Officer of the agency any potential sur- United States. The regulations prescribed United States Code, is amended to read as plus funds or unnecessary budget authority under the preceding sentence shall apply to follows: periods after May 8, 2014. identified by an employee, along with any ‘‘§ 4509. Prohibition of cash award to certain (2) EXECUTIVE OFFICERS AND SENIOR MAN- recommendations of the Inspector General or officers AGEMENT.—The regulations prescribed under other agency employee. paragraph (1) shall provide that the manage- ‘‘(d)(1) If the Chief Financial Officer of an ‘‘(a) DEFINITIONS.—In this section, the term ment and control of an expanded affiliated agency determines that rescission of poten- ‘agency’— group shall be treated as occurring, directly tial surplus funds or unnecessary budget au- ‘‘(1) has the meaning given that term or indirectly, primarily within the United thority identified by an employee would not under section 551(1); and States if substantially all of the executive hinder the effectiveness of the agency, ex- ‘‘(2) includes an entity described in section officers and senior management of the except as provided in subsection (e), the head 4501(1). ‘‘(b) PROHIBITION.—An officer may not re- panded affiliated group who exercise day-to- of the agency shall transfer the amount of ceive a cash award under this subchapter if day responsibility for making decisions in- the surplus funds or unnecessary budget au- the officer— volving strategic, financial, and operational thority from the applicable appropriations ‘‘(1) serves in a position at level I of the policies of the expanded affiliated group are account to the general fund of the Treasury. Executive Schedule; based or primarily located within the United ‘‘(2) Any amounts transferred under para- ‘‘(2) is the head of an agency; or States. Individuals who in fact exercise such graph (1) shall be deposited in the Treasury ‘‘(3) is a commissioner, board member, or day-to-day responsibilities shall be treated and used for deficit reduction, except that in other voting member of an independent es- as executive officers and senior management the case of a fiscal year for which there is no tablishment.’’. regardless of their title. Federal budget deficit, such amounts shall (2) TECHNICAL AND CONFORMING AMEND- Mr. REED. Mr. President, I suggest be used to reduce the Federal debt (in such MENT.—The table of sections for chapter 45 of the absence of a quorum. manner as the Secretary of the Treasury considers appropriate). title 5, United States Code, is amended by The PRESIDING OFFICER. The ‘‘(e)(1) The head of an agency may retain striking the item relating to section 4509 and clerk will call the roll. not more than 10 percent of amounts to be inserting the following: The bill clerk proceeded to call the transferred to the general fund of the Treas- ‘‘4509. Prohibition of cash award to certain roll. ury under subsection (d). officers.’’.

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0655 E:\CR\FM\A04JN6.017 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3759 MORNING BUSINESS healthier the family. These rules will not define the waters of the United Mr. MCCAIN. Mr. President, I ask lower the standard of living for those States. I know the chairman of the En- unanimous consent that the Senate who lose their jobs. vironment and Public Works Com- proceed to a period of morning business In Calcasieu Parish, more than $60 mittee, Senator INHOFE of Oklahoma, for 1 hour, with Senators permitted to billion in various manufacturing intends to move this bill through his speak therein for up to 10 minutes projects are underway and are in the committee soon, and I wish to offer my each. process of being approved—that is $60 support for that legislation. The PRESIDING OFFICER. Without billion with a ‘‘b.’’ These will require Again, we have seen time and again objection, it is so ordered. construction workers—again creating that this administration will attempt The PRESIDING OFFICER. The Sen- the kinds of jobs our economy needs to overreach the limits of what the ex- ator from Louisiana. more of. These projects can be severely ecutive branch should do. When it impacted as a consequence of this rule. comes to the EPA’s overreach, the f We see in this graphic display the waters of the United States rule isn’t CLEAN WATER ACT RULE navigable waters prior to the release of the exception; it is the norm. the rule this past week in Calcasieu I yield the floor. Mr. CASSIDY. Mr. President, I rise Parish. Now we will see the bodies that f today to share my concerns regarding will fall under the jurisdiction of the the administration’s recently finalized Federal Government under the final- EXTENSION OF MORNING Clean Water Act rule issued by the ized rule. Again, this here is under cur- BUSINESS EPA and the Army Corps of Engineers rent law. And that is what it will be. Mr. CASSIDY. Mr. President, I ask to define waters of the United States. This will impact the ability of local unanimous consent that the Senate The Clean Water Act clearly states it government to plan their development. proceed to a period of morning busi- is the ‘‘policy of Congress to recognize, Instead of people in Louisiana decid- ness, with Senators permitted to speak preserve, and protect the primary re- ing how best to use their property, the for up to 10 minutes each. sponsibilities and rights of States to Federal Government will be able to The PRESIDING OFFICER. Without prevent, reduce, and eliminate pollu- dictate many land use decisions, which objection, it is so ordered. tion.’’ Despite this partnership and the have always been local. Again, this The Senator from Michigan. limits to Federal authority, the Presi- rule is a major takeover effort by the f dent and his administration, along EPA and the Army Corps of Engineers. NATIONAL DEFENSE with some lawmakers, have sought in The administration has stated that AUTHORIZATION ACT recent years to clarify and extend the this rule is narrowly defined. However, scope of Federal jurisdiction under the under the new definitions for tribu- Ms. STABENOW. Mr. President, I Clean Water Act in a manner that taries, adjacent waters, and waters wish to speak about the bill that is be- would expand the Federal Govern- that are neighboring a traditional nav- fore us and reauthorizing funding pri- ment’s ability to regulate waters of the igable water, virtually any water body orities for the Department of Defense. United States—in short, a Federal could fall under the Agency’s regu- I wish first to congratulate Chairman power grab. Changing the scope of the latory authority. And if certain bodies MCCAIN and Ranking Member JACK law, including the Clean Water Act, is of water don’t fit these definitions, the REED for working together on a very solely the responsibility of Congress. Agency can make a case-by-case deter- important bill. There are a lot of im- Yet, the President’s administration has minations of significant nexus. portant issues and a lot of important again elected to bypass the legislative Assistant Secretary Jo-Ellen Darcy priorities in this legislation for our process by finalizing this rule. from the Army Corps said last week home State in Michigan. When I am in Louisiana, I consist- that this rule is a huge win for public The fact that we are supporting the ently hear from my constituents about health and the economy and reflects A–10s so our troops have the close air the impacts this rule could have on pri- that clean water matters to the Amer- support they need is very important. It vate property development, ican people. is important that we are continuing to timberland, farmland, and other bodies First, let me point back to this map invest in research and development and of water that would be subject to Fed- that community leaders in Calcasieu new kinds of technologies. We are very eral control. They tell me this rule will Parish provided for me, highlighting proud in Michigan to be the ones that create more uncertainty and impact in- that this is not a win for the economy are on the frontlines providing re- frastructure projects and jobs despite and could significantly impact eco- search and development for the Army. the EPA and the Corps’ assurances to nomic and private land development If the Army drives it, we design it, fix the contrary. moving forward. it, and build it in Warren, MI, and in Louisiana is experiencing significant Secondly, as a physician—I am a doc- the surrounding area of Macomb Coun- economic growth—growth that is tor—I understand the importance of ty that we call the Defense Corridor, bringing jobs to those Americans who human health, and I also understand and we are very proud of that. We have have had the hardest time finding jobs the impacts on human health as a con- vital military equipment manufactured with this recent poorly performing sequence of overregulation by the Fed- here in the United States, and in economy. This progress will be nega- eral Government. If people are poor, Michigan, specifically, that is sup- tively affected as a result of this rule. their health suffers. There is a strong ported in this legislation. In addition to the increased costs and statistical relationship when, because It provides very important pay in- regulations, the rule invites costly liti- of regulations and regulatory uncer- crease and support for our troops that gation, and it can significantly restrict tainty, jobs are lost overseas. Again, I are actually critical. the ability of landowners to make deci- believe this revised rule is a power grab My concern is not with the contents sions about their property and make it by the administration and not based of what we are doing in this particular harder for State and local governments upon any congressional action. bill in terms of supporting the defense to plan for their own development. We took a vote on this issue back in of our country and supporting our Let me note that this is not the only March, during the budget debate, to troops. It is the fact that we have rule the EPA has been working on that limit the expansion of Federal jurisdic- budget gimmicks being used to fund will negatively impact the economy tion under the Clean Water Act, which the Department of Defense. and the job growth in my State. Their I supported. Last fall, we took a simi- Our troops deserve more than budget proposed rule to lower the standard for lar vote while I was in the House of gimmicks. Those on the frontlines de- ground-level ozone will hurt job devel- Representatives to repeal this harmful serve more than basically funding es- opment in Louisiana, carrying with it regulation. My colleague from Wyo- sential services or pay raises or essen- health impacts to workers and families ming, Senator JOHN BARRASSO, has a tial equipment through funds that we that are not fully considered by the bill, the Federal Water Quality Protec- know are sort of made-up funds—an- EPA. It is clearly established that the tion Act. It is a good bill that provides other name for deficit spending. This higher the standard of living, the clarity for how EPA should and should has been done over the years, as we

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.048 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3760 CONGRESSIONAL RECORD — SENATE June 4, 2015 went to war in Iraq and Afghanistan, omy and what is going to keep us safe, outcompete the competition, we have when there was a fund set up—the over- we look at the threats around the also to talk about educating our young seas contingency account—not includ- world that are coming at us—not just people—which, by the way, is cut in ing any money in it, but it was a way through the Department of Defense but the overall scheme of things in this to mask the fact that we were not through every area of the budget. When budget. We have to talk about lowering funding the wars and we were in fact we look at what we need in terms of the costs of college. If there is one abusing deficit spending to do it. jobs and the economy and so on, we thing we are hearing over and over So to continue that with the critical know we need to revisit that policy and from young people or from those going items in this bill is a mistake and, stop the gimmicks. Don’t use gim- back to job training programs who lost frankly, not worthy of the men and micks going forward to pretend that we their job in the economy, going back to women who are on the frontlines, put- are still meeting sequestration but to get new skills to get a new job, it is ting their lives—putting themselves— look honestly at the needs of our coun- about the huge debts they are incur- in harm’s way every single day. So it is try today and move forward. ring to do the right thing. People com- critical that we do better in terms of Frankly, on the security front alone, ing out of college are now in a situa- this budget and the structure of this security is more than just what hap- tion where they can’t qualify even to budget. pens at the Department of Defense, as buy that first home. They are telling Our families also deserve better, be- important as that is. It is all of the me: Do something about college loan cause we need to fully fund the full de- programs that we rely on day in and debt. We can’t help young people com- fense of our country—both here at day out to keep our country safe. Cer- ing out of college to buy a house. They home and overseas—without budget tainly, we care about border security don’t qualify because of the amount of gimmicks, without adding to the def- all the time. That is not predominantly debt, and the amount of debt they have icit. All those things that create a funded in the Department of Defense. will equal a house. That is a security strong country and security for our We look at cyber security. It is one of issue for us—education, the ability to families need to be done in a way that the No. 1 issues we have, and we are have a college education, job training. does not include budget gimmicks. And hearing now from a consumer stand- Investing in cures for diseases—how that, frankly, is not what is being pro- point, from a security threat or ter- exciting it is for us to hear about all posed. rorist standpoint, and from a business the opportunities now through the Na- That is why I am very proud to be a security standpoint. Cyber security is tional Institutes of Health. We have so cosponsor of Senator REED’s amend- absolutely critical, and it is not given many promising opportunities and ment, which would cap the spending on the same priority of importance as the treatments and cures, such as on Alz- what has been called this overseas con- Department of Defense is as we look at heimer’s—which, by the way, takes one tingency account. Others of us at var- the overall defense of our country. out of every five Medicare dollars—and ious points have called it the fake Counterterrorism—who answers the in other areas, such as cancers, Parkin- money account because there is no call, no matter what it is? In Boston, a son’s disease, mental health disorders. money in it. It is a fancy way of cov- terrorist attack—who was on the That is part of our strength and being ering up the fact that we are spending frontlines there? It was local police, secure and strong and robust for the fu- and adding to the deficit. Senator REED local fire, which are under the broad ture. would basically indicate that this budget parameters that are being dis- Of course, if we are going to be would be capped. We would try to begin cussed now by the majority. The Re- strong, we have to fix our roads and to rein that in, to cap that amount. We publican majority would provide less our bridges, and we don’t have dollars would also say very clearly that we are funding—less funding—for the frontline in this budget. In fact, the whole high- going to address the issues that affect defense in our neighborhoods and in way trust fund is going to run out in the United States in terms of our our communities. less than 60 days now if no action is strength, the defense, broadly, of our Stopping weapons of mass destruc- taken by the majority, if there is no country—whether it is in the Depart- tion, airport security is something we sense of urgency from our Republican ment of Defense or whether it is in all know about as we get on airplanes colleagues. other parts of our overall budget as a all the time, every week. There is So we look overall at securing those Nation—by basically lifting the caps— Ebola protection, when we look at the things at home and abroad, whether it for those watching, we talk about the Centers for Disease Control and all of is making sure—beyond the Depart- Budget Control Act, but there are the issues that relate to diseases— ment of Defense—that we are funding caps—in a way so we can fully fund whether it is threats at home or wheth- our border security, cyber security, both the Department of Defense but er it is those that can be used in some counterterrorism, police and fire de- also the other things that need to be way as a terrorist attack. Many of the partments, airport security, and Ebola done to create security and to fully Federal agencies fighting terrorism at protection or whether it is investing in make sure our families are safe, our home and protecting us from deadly our own people in all of this to create economy is safe, and that we are ag- diseases such as Ebola will not receive the opportunity for strong businesses, gressively moving forward as an econ- critical funding under the budget that entrepreneurs, and an educated work- omy. has been proposed. force or for infrastructure, making That is what Senator REED’s amend- Now, there is a willingness to use sure that we have those airports and ment would do. It brings some balance. budget gimmicks in the Department of we have those roads. It begins to rein in what is a policy Defense. Again, our troops are cer- As I conclude, let me say that all of that does not make sense in terms of tainly worthy of much more than budg- this leads to the fact that we need to using budget gimmicks. As I said be- et gimmicks. But when we look more next week vote yes on Senator REED’s fore, our troops certainly deserve bet- broadly at the whole budget, we don’t amendment because that is what it is ter than that, and our families deserve even see enough to use budget gim- all about: real safety, real security, better than that. micks of these things. I don’t think we growing the economy of our country. Using gimmicks is a convenient way should be using budget gimmicks, but Our people deserve better than budget to avoid dealing with what the real the point is there is not an acknowl- gimmicks that are in this bill. problem is. There is this thing called edgement that there is more to defense I yield the floor. sequestration. People wonder: What in and safety for our country than just in The PRESIDING OFFICER. The Sen- the world is that? We put in a policy a one department. ator from Montana. number of years ago to limit spending. To be strong abroad we need to be f The good news is that we have brought strong at home, as well, and in so the annual budget deficit down by two many other areas, as we know. If we OBAMACARE thirds. This is good news for our coun- want to talk about competing around Mr. DAINES. Mr. President, it has try. Two thirds of the annual deficit is the globe, if we want to talk about been 5 years since Americans were gone. But now, as we go forward and what we need to be doing to be secure, forced into a broken and unhappy rela- look at what is going to grow the econ- to have a robust economy, to tionship with ObamaCare. Ever since

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.050 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3761 the implementation of this failed law, ObamaCare is not working and it is not The jurisdiction of the subcommittee Americans have received one broken popular. This law is a bureaucratic includes missile defense, strategic promise after another. For Montana nightmare that hurts small businesses. forces, space programs, the defense- families, reflecting on the con- I just came out of a meeting with funded portions of the Department of sequences of this law is not a happy some homebuilders and small business Energy, nonproliferation, and the De- trip down memory lane. Too many owners from Montana. I showed them fense Nuclear Facilities Safety Board. Montanans have seen their work hours this chart before I came down to the In preparing the provisions in the bill cut, they have been forced off the plans floor. One of the builders said: This that relate to the areas of our jurisdic- they liked, and they were told they likely means I no longer will be able to tion, the subcommittee held six hear- could not see the doctors whom they provide health care insurance for my ings and three briefings on defense pro- trusted. employees. grams at the Department of Energy, The reviews have been in for quite Growing up in Montana, I grew up strategic nuclear forces, missile de- some time, and ObamaCare is not any- hunting, camping, backpacking, fish- fense, and space programs at the De- thing close to what Montanans were ing. In fact, I was fly fishing in Mon- partment of Defense. promised. Five years later, insurance tana before Brad Pitt made it cool in As I mentioned before, our com- companies are still unable to find sta- the movie ‘‘A River Runs Through It.’’ mittee oversees the strategic nuclear ble rates that do not force more uncer- I know that when your fishing line gets forces based on a triad of air, sea, and tainty and hardship upon Montanans. tangled up, you have two options. I land-based delivery platforms. This It has been widely reported across the have been there many times on one of triad is, as Secretary Carter has called country that rates for millions of the banks of Montana’s rivers. Some- it, ‘‘the bedrock’’ of our national de- Americans are set to skyrocket again. times you take a minute, sometimes fense posture. In the wake of the De- Look no further than Montana, where you take several minutes, and you partment of Defense’s 2014 nuclear en- it is evident that health care premiums work to untangle the line. But other terprise review, this is a significant are not as affordable as President times the line gets so badly knotted up year for reforms and investments to Obama promised they would be. Poli- that the best option, instead of spend- ensure the safety, security, and the ef- cies sold through ObamaCare ex- ing a long time untangling the line, is fectiveness of our nuclear deterrent. changes are becoming even more ex- to simply cut the line. Among the key priorities going for- pensive. In fact, in Montana, according After 5 failed years, the American ward, I look forward to working with to filings with the Montana Commis- people know ObamaCare is too badly our leaders at the Department of En- sioner of Securities and Insurance, in- tangled to fix. It is time to cut the line ergy, at DOD, and my colleagues on the surers across the board are asking for and tie on a new fly. committee to take advantage of smart double-digit increases for 2016 policies I yield the floor. opportunities to enhance commonality on top of more increases that occurred Mr. President, I suggest the absence across nuclear systems, sharing exper- just last year. of a quorum. tise and resources across the services— Blue Cross Blue Shield, which is The PRESIDING OFFICER (Mr. CAS- particularly the Navy and Air Force— Montana’s largest insurer that boasts SIDY). The clerk will call the roll. to enhance the capabilities and cost-ef- 255,000 consumers in the State, is ask- The bill clerk proceeded to call the fectiveness of our nuclear deterrent in ing for an average increase of 23 per- roll. the future. cent for Montanans enrolled in indi- Mr. DONNELLY. Mr. President, I ask Critically, the bill creates a position vidual plans. That is the start. unanimous consent that the order for in the Air Force responsible for nuclear PacificSource filed papers with the the quorum call be rescinded. command, control, and communica- commissioner requesting an average of The PRESIDING OFFICER. Without tions acquisition and policy. The Air a 31-percent increase for individual objection, it is so ordered. Force is responsible for over 70 percent plans. What about Montana Health CO- f of this mission, which essentially con- OP? They have requested a 38-percent nects the President to the nuclear NATIONAL DEFENSE increase for individual plans. And Mon- weapon and the delivery platform. We AUTHORIZATION ACT tanans who were insured under Time have found that since the communica- Insurance are facing a staggering 47- Mr. DONNELLY. Mr. President, I tions layers involve space, air, and percent increase in 2016. wish to begin my comments on this ground systems, there is fragmentation Increased premiums make it harder year’s National Defense Authorization in an overall strategy as we begin the for Montanans to have access to afford- Act, S. 1376, by thanking all of the modernization of the overall system, able health care. It is money that no members of the Strategic Forces Sub- which must be fail-safe. longer is in the pockets of Montanans, committee. I would especially like to Through hearings and briefings con- and those rate increases are not just in thank the subcommittee’s chairman, cerning the state of other nations’ nu- Montana. Across the Nation, Ameri- Senator SESSIONS, for the close work- clear programs, it was clear that we cans are seeing massive and debili- ing relationship we share. face an increasingly complex global nu- tating rate increases. These hikes are a I want my colleagues to note that clear environment. We are well past far cry from what Montanans—from Senator SESSIONS and his staff worked the days of the Cold War. Today, our what the American people were prom- closely with me and my staff in devel- deterrent strategy must now account ised. oping the elements of the bill per- for a wide range of nuclear-armed na- In 2007, President Obama said himself taining to the Strategic Forces Sub- tions beyond simply Russia to now in- that by the end of his first term, committee. This bipartisan effort has clude Pakistan, India, North Korea, ObamaCare would ‘‘cover every Amer- proved fruitful as all of our provisions and even China’s modernization of its ican and cut the cost of a typical fam- were adopted unanimously by the full strategic arsenal. Our bill contains a ily’s premium by up to $2,500 a year.’’ committee during the markup of this provision that directs the Office of Net Montanans have not seen their pre- bill. Assessment to begin a study on what miums decreased by $2,500 a year. It is The annual National Defense Author- effect, if any, this multipolar nuclear not even close. Unfortunately, this is ization Act is one of the most impor- environment will have on our deterrent the predictable result of forcing a par- tant pieces of legislation Congress strategy. This is an important area tisan piece of legislation through Con- passes every year, and this year will which will only grow as time goes on. gress without transparent consider- mark what I hope will be the passing of In the area of missile defense, this ation or bipartisan input. We need to a defense authorization act for the 54th bill fully authorizes the President’s ensure health care is affordable, and it year in a row. budget request for the Missile Defense needs to be accessible for all Mon- I would like to give my colleagues a Agency and maintains our commit- tanans. That starts with repealing brief overview of the provisions in what ments to key allies. It includes several ObamaCare, repealing its costly man- we will call the NDAA, which we are provisions that advance MDA’s efforts dates, repealing its burdensome taxes, considering today, as they relate to the to deploy additional sensors and to im- and repealing the senseless regulations. Strategic Forces Subcommittee. prove the reliability and effectiveness

VerDate Sep 11 2014 02:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.052 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3762 CONGRESSIONAL RECORD — SENATE June 4, 2015 of the ground-based interceptors. The I look forward to working with our States because it provides the financ- bill also contains the GAO’s annual re- colleagues to pass this important legis- ing you need in order to actually se- view of MDA’s acquisition programs. lation. cure one of these deals. The Export-Im- Moving on to space programs, the bill I yield back any remaining time that port Bank is a core part of getting addresses several key aspects of space has been allotted. trade done right. system acquisition. It includes impor- I suggest the absence of a quorum. Countries, including Germany, tant provisions aimed at maintaining The PRESIDING OFFICER. The Japan, Mexico, and Canada, all have fair competition among space launch clerk will call the roll. agencies that are up and running and providers through fiscal year 2017. It The senior assistant legislative clerk do it in a fashion that make their ex- does not, however, solve a potential 2- proceeded to call the roll. ports more competitive. How are they to 3-year gap after that, as launch pro- Mr. WYDEN. Mr. President, I ask doing it? They are using financing viders work to develop and certify a unanimous consent that the order for tools, including supporting their manu- new American-made rocket engine to the quorum call be rescinded. facturers and pushing their products replace the Russian RD–180. I hope that The PRESIDING OFFICER. Without into the global marketplace. gap does not occur, but if it does, I am objection, it is so ordered. As Senators CANTWELL and HEITKAMP sure this committee will revisit and Mr. WYDEN. Mr. President, I ask have said, we need this tool to make correct the issue so we can maintain a unanimous consent to speak in morn- sure our country doesn’t fall behind. We shouldn’t let the Export-Import competitive and healthy launch indus- ing business for up to 15 minutes. Bank become some kind of ideological trial base that both ensures DOD’s ac- The PRESIDING OFFICER. Without pinata that you keep bashing on, not cess to space and saves taxpayer dol- objection, it is so ordered. recognizing it will hurt our competi- lars. The bill also makes important f tiveness. I think it would be legislative contributions to ensuring that we ad- EXPORT-IMPORT BANK malpractice to let the Bank expire be- dress the threats we may face in space Mr. WYDEN. Mr. President, we have cause it would needlessly endanger the by requiring an interagency policy and had a number of our colleagues come to thousands of businesses and tens of a principal DOD position to address the floor to talk about the importance thousands of jobs supported by Ex-Im, these threats. of the Export-Import Bank, and I want including many in my home State. We have authorized the President’s to see if I can put in context the excep- In particular, in Oregon, one can see requested level of funding for the nu- tionally important work done by our that Ex-Im is a very substantial help clear modernization programs at the colleagues Senator CANTWELL and Sen- to small- and medium-sized companies. Department of Energy’s National Nu- ator HEITKAMP on this issue. In fact, 86 percent of the funds dis- clear Security Administration, or We have been talking in this body for bursed in fiscal year 2014 went to small NNSA. We also create a program that weeks now about the importance of businesses. Thanks to the Export-Im- enables the scientists and engineers at trade and particularly tapping global port Bank, companies in Albany could the NNSA to work on new concepts and markets, given the fact that there are find markets abroad and hire new methods that shorten the time and the going to be 1 billion middle-class peo- workers. They manufacture important cost for future life extensions of our ple in the developing world in 2025. things such as titanium casting. warheads. This is an exceptional opportunity for Selmet is a perfect example, a com- Let me close noting that we fully us to be able to sell the products we pany that got its start in my home fund the President’s request for non- make here, whether they are com- State years ago. Today, it employs proliferation at both the National Nu- puters or wine or helicopters or planes, hundreds of people in Oregon and clear Security Administration and the you name it. across the United States, and 40 per- Department of Defense. At the NNSA, We had a big debate about trade pro- cent of its revenue comes from over- these programs collect loose nuclear motion authority. What I want to seas. They got off the ground with help material around the world, which could spend just a few minutes talking about from Ex-Im Bank, and it has customers be used as terrorist devices against us. is whether a Senator was for trade pro- in France, Germany, and Asia, and it is The NNSA also maintains a network of motion authority or not, they ought to looking to expand further. These kinds of success stories are radiation detectors at borders across support the Export-Import Bank be- ones you see in every single State be- the world to detect the illegal transfer cause the Export-Import Bank provides cause these startups got help when it of nuclear material before it can cross key financing tools to promote prod- was essential to have that added boost our borders here in America. ucts that are made in my home State, to be able to seize the opportunities Finally, the Cooperative Threat Re- in the States of our colleagues, and all around the world and create high- duction Program at the Department of across the land. It has supported tens Defense will continue to secure weap- skilled, high-wage jobs. of thousands of American jobs—even To me, when we debate the future of ons of mass destruction all around the hundreds of thousands—for decades. It the Export-Import Bank, colleagues, world, as it did with Syria’s chemical doesn’t cost American taxpayers a sin- this is about red, white, and blue jobs. weapons and dangerous pathogens at gle dime. In fact, the Export-Import Keeping the Export-Import Bank up Ebola clinics in West Africa. The rel- Bank covers its own costs and then and running with the important financ- atively small sum of money in this pro- some. It actually generates revenue for ing tools it offers is part of getting gram has made a noticeable difference taxpayers—$7 billion over the last two trade done right. in reducing dangerous threats to our decades and $675 million in fiscal year I commend our colleagues Senators country. 2014 alone. CANTWELL, HEITKAMP, MURRAY, and I take particular pride in this pro- So what I would submit is the Ex- GRAHAM, who have come together in a gram as the enduring legacy of my fel- port-Import Bank is a way to ensure bipartisan way to work to extend the low Hoosier, Senator Richard Lugar, that in this country we get trade done Bank as quickly as possible, and they who has done our Nation and the world right. I happen to believe it makes have my support. a great service as a champion for nu- sense to support the trade promotion f clear nonproliferation. He and Senator act because that is going to ensure Sam Nunn were extraordinary leaders, that we are going to have a chance to NATIONAL HEMP HISTORY WEEK and we are proud to try to follow in drive down some of those tariffs that Mr. WYDEN. Mr. President, I asked their tradition. are barriers to American products. for an extra few minutes. I want to I again thank Senator SESSIONS for Whether you are for it or not, you spend another few minutes just talking the productive and bipartisan relation- ought to support the Export-Import about another part of our economy ship we have had on the subcommittee Bank because it provides key tools so that I think can grow in the days and also all members on the sub- we can reduce barriers to our exports, ahead, and I would ask unanimous con- committee for taking part in our hear- take on modern challenges that threat- sent, Mr. President, to bring a basket ings and in crafting the provisions en American workers, and fight to cre- of Oregon products onto the floor at under this subcommittee’s jurisdiction. ate more high-wage jobs in the United this time.

VerDate Sep 11 2014 04:34 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.054 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3763 The PRESIDING OFFICER. Without product that is perfectly safe because or the resources they have earned and objection, it is so ordered. of what it is related to. that they deserve. Last month—just Mr. WYDEN. Mr. President, this That is why the majority leader Sen- last month—I read yet another fright- week is National Hemp History Week, ator MCCONNELL and I came together, ening headline, frustrating. ‘‘Veterans and to help celebrate I thought I would with our colleague from Kentucky Affairs improperly spent $6 Billion an- show a few Oregon-made hemp prod- RAND PAUL and my colleague from Or- nually, senior VA official says’’—im- ucts to highlight the many uses and egon JEFF MERKLEY—we came together properly spent $6 billion annually. opportunities for industrial hemp in on a bipartisan basis to introduce the According to an internal memo writ- my State and across the country. Industrial Hemp Farming Act. Our bill ten by the VA’s senior official for pro- In the basket I brought, I have food, would make sure hemp does not get curement, the VA has been wasting soap, clothes, and even deck sealant, lumped into the definition of mari- taxpayer money by violating Federal all made in Oregon, bought and sold in juana in the Controlled Substances contracting rules to pay for medical American stores and used by Ameri- Act. care and expenses. Under law, VA pur- cans. Oregon companies such as Bob’s Our bill is all about stopping the un- chases require competitive bidding and Red Mill, Fiddlebumps, and Hemp fair punishment of entrepreneurs and proper contracts, but testimony from Shield contribute to our economy in farmers who want to be part of a grow- Deputy Assistant Secretary for Acqui- unique ways. Industrial hemp supports ing ag industry here in America. Com- sition and Logistics Jan Frye, before a $620 million industry in America, and panies in our Nation that are import- Congress last month revealed that just our companies have found innovative ing hemp to use in food, cosmetics, the opposite is occurring. ways of incorporating it into everyday soap, clothing, and auto parts, they So the medical care and supplies our products. ought to be buying that hemp from veterans need for their medical needs However, the full growth potential of American farmers and contributing to are being compromised at a cost of $6 this industry is being cut down before our agricultural sector. billion a year. Mr. Frye wrote: it can fully bloom because a single in- I will close by way of saying there Over the past five years, some senior VA gredient that links all of these prod- are also big environmental benefits to acquisition and finance officials have will- ucts—the hemp itself—cannot be grown industrial hemp. It takes less water to fully violated the public trust while Federal in America. The unfortunate reality is grow hemp than it does to grow cotton, procurement and financial laws were de- that current Federal rules prohibit our and hemp generally requires fewer pes- based. Their overt actions and dereliction of farmers from growing industrial hemp ticides than other crops. I will put it duties combined have resulted in billions of on American soil. This means 100 per- taxpayer dollars being spent without regard this way, colleagues: If you can buy it to Federal laws and regulations, making a cent of the hemp used in these products at your local supermarket—and I got mockery of Federal statutes. is imported from other nations. The involved in this because I saw it at An example of this violation is found Federal ban on hemp amounts, in my Costco when my wife was pregnant with VA purchase cards. Typically, VA view, to a restriction on free enter- with our third child—if you can buy it uses these cards for smaller purchases prise, and it doesn’t accomplish any- at the local supermarket, American of up to $3,000, according to the rules thing but stifles job creation and eco- farmers ought to be able to grow it. and regulations. But they were inap- nomic growth. I urge my colleagues to join me, the propriately used to buy billions of dol- We are the world’s largest consumers distinguished majority leader Senator lars’ worth of medical supplies without of hemp products, but we are the only MCCONNELL, his colleague Senator contracts or oversight. Mr. Frye con- major industrialized nation to ban RAND PAUL, and my colleague Senator tinued: hemp farming. This hasn’t always been MERKLEY in our legislation to address the case, and it doesn’t have to con- this gap in American law and today In addition, doors are flung wide open for fraud, waste and abuse when contracts are tinue to be the case. It was once a join me in celebrating National Hemp booming crop in America and it can not executed. For example, by law, prices History Week by learning more about paid for goods or services subject to contract and should be again. this safe and versatile crop and the po- can only be determined to be fair and reason- American farmers were growing this tential it holds to bolster American ag- able by duly appointed contracting officers. I product as early as the 1600s, before our riculture and the domestic economy. can state without reservation that VA has Nation was even founded. The Declara- These products are products that are and continues to waste millions of dollars by tion of Independence, colleagues, was sold all across America. We ought to paying excessive prices for goods and serv- written on paper made from hemp. In have a chance for our farmers—farmers ices due to breaches of Federal procurement the 1800s and early 1900s, it was used to in Nebraska, farmers in Arkansas, laws. make rope, heating oil, and textiles. farmers in Indiana—to be able to grow According to reports, the VA has During World War II we used it as part this product and reap the benefits of failed to engage in a competitive bid- of the Hemp for Victory Program to the private economy associated with it. ding or signing contract process ensur- support our soldiers. But everything I yield the floor. ing a good deal for the services they got changed when hemp got wrapped up The PRESIDING OFFICER. The Sen- are unable to provide in house, such as with marijuana in Federal regulations, ator from Indiana. specialized tests and surgeries and and it has been banned ever since. Are f other procedures. In fact, the VA has they related? Maybe industrial hemp paid at least $5 billion in such fees in and marijuana are related species, but WASTEFUL SPENDING violation of Federal rules. one should not be confused with the Mr. COATS. Mr. President, it is This is yet but another example of other, much like a Chihuahua and a St. ‘‘Waste of the Week’’ time again, and what the White House has recognized— Bernard. Mixing hemp in with a ban on the waste of the Federal Government’s as—and I quote—‘‘corrosive culture’’ at growing marijuana is based on a lot of spending just keeps piling up. Today, I the Veterans’ Administration. I think misconception. No matter where Mem- am taking a look at the U.S. Depart- we all agree our 8.7 million American bers of this body come down on medical ment of Veterans Affairs. We all have a veterans and our more than 130 million or recreational marijuana, industrial stake in this. I am a veteran, but even taxpayers deserve a lot better. Given hemp and marijuana might be related those of us who are not veterans have the large scale of purchases made by plant species, but there are big dif- a stake in making sure our veterans the VA, proper procurement procedures ferences between them, such as their are getting the use of taxpayer dollars ensure the best products for veterans chemical makeup. for their benefit for the sacrifices they and the best value for taxpayers. Because they are not the same plant, made. Aside from higher prices, a lack of they should not be treated with the Over the past year, we have been contracts can result in a lack of over- same regulation and prohibitions. In hearing on the floor and continue to sight. The VA, just like Congress, is ac- my view, keeping the ban on growing see story after story of mismanage- countable and must be accountable for hemp makes about as much sense as in- ment that is plaguing the VA. Many of what it spends. Now, I understand the stituting a ban on Portobello mush- these news articles tell the story of our incredible pressure the VA has been rooms. There is no reason to outlaw a Nation’s heroes not receiving the care under with the recent influx of new

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I was proud to continue this I am also pleased that this bill will This kind of reckless spending cannot tradition by working with my col- fully support the modernization of our and must not be tolerated. leagues on the Senate Armed Services nuclear forces, and it includes addi- Each year, Congress sends billions of Committee to pass the fiscal year 2016 tional funding requested by the Depart- dollars to the VA to care for our vet- NDAA only a few weeks ago. ment to address critical needs in our erans. With those funds, comes an obli- While this bill is not perfect, it is the nuclear forces identified in reviews last gation to use every dollar of those result of a bipartisan compromise to year. funds properly. By simply requiring the perform the most important function The bill reauthorizes key assistance VA to comply with Federal law, we can of the Federal Government, providing and training programs, and it also pro- save $6 billion. This is a simple fix with for the national defense. This bill’s im- vides the Secretary of Defense new au- large results and we should take it. portance is widely known, but the de- thority to partner with nations in the Today, I am adding an additional $6 tails are not often given enough atten- Middle East, the South Pacific, and billion to our ever-increasing gauge of tion. Eastern Europe to support U.S. inter- taxpayer money that comes to Wash- For this reason, I would like to take ests in these key regions. It also codi- ington and is spent for improper and a moment to discuss some of the key fies the Department of Defense’s role in unnecessary purposes. We are now two- provisions that play such a critical role defending the Nation in cyber space, thirds of the way to our goal of $100 bil- in preserving the security of our Na- and it requires the Department to reg- lion. We are going to be doing this tion and the effectiveness of our mili- ularly conduct training exercises with every week as long as the Senate is in tary. Included in this bill are several other governmental agencies to meet session this year. I hope we have to add commonsense proposals to cut ineffi- this responsibility. an additional attachment to this gauge ciencies and use the savings that are The importance of the last two issues because, folks, there is no end to dis- generated to better meet the needs of I mentioned, cyber security and secu- covering the kind of waste of tax- our warfighters. rity assistance programs, was rein- payers’ money for unnecessary pro- For example, the Air Force’s next- forced during a recent trip that I led to Eastern Europe. grams, violating the law, violating reg- generation bomber and new tanker pro- Our allies there are deeply concerned ulations, mismanaging the spending at gram have both suffered delays and by Russia’s military intervention in they cannot spend the full amount re- the Federal level. We are going to con- Ukraine and their increasingly provoc- quested when the budget was sub- tinue to point out these issues week ative behavior. They are all calling for mitted in February. So this bill re- after week. Hopefully, we can get the more cooperation with the United duces funding for these programs ac- attention of our colleagues and the States in both of these key areas. American people, and they will demand cordingly and moves about $660 million These are just a few of the reasons that we do something about this. in savings to meet unfunded require- why the NDAA is such an important While we have not been able—no ments of our military. piece of legislation. While I strongly thanks to the administration—to come Across a large number of budget support many of its provisions, it is up with a sensible, long-term fix to our lines, unjustified increases were re- important to repeat that this is the deficit spending and continuing plunge duced, troubled programs were cut, and product of bipartisan compromise, not into debt, we can at least look at these again the difference was used to meet consensus. programs that have been identified by high-priority requirements of our men One of the most hotly debated topics the inspector generals, by the Govern- and women in uniform. during the committee’s markup proc- ment Accountability Office, and by the The bill also combats the continued ess was the use of overseas contingency Office of Management and Budget as growth in headquarters staff at the operations funds to meet basic defense wasting taxpayer dollars. Pentagon and major commands, an requirements. In a world where ISIL So there is much we can do while we issue I discussed with Secretary Carter continues to expand its reach, Russia are trying to get to the point where we at his confirmation hearing. Two years has seized Crimea and pours fighters have an administration that allows us ago, the Department announced its in- into eastern Ukraine, and China is in- to address the larger issue; that is, a tention to reduce 20 percent of its timidating its neighbors and building government out of control, spending headquarters staff by 2019. However, it islands in the South China Sea, we taxpayers’ money and wasting money, has yet to provide the Armed Services must fund our national defense. To not which we will point out every week. Committee with a plan to accomplish do so would be unacceptable. We can- Tune in again next week for the next these reductions. not hold our military hostage to a po- ‘‘Waste of the Week.’’ This legislation takes action. It re- litical controversy. I thank my colleague from Nebraska duces funding for headquarters and Despite disagreements, the com- for generously yielding me the time to management staff by 7.5 percent. This mittee has again produced a com- do this. I have somewhat of a schedule goes beyond even the Department’s promise product—as it has year after hitch. She was gracious enough to stated goal. It results in $1.7 billion in year—that supports our national de- allow me the time. savings that are reprioritized to sup- fense and the needs of our men and The PRESIDING OFFICER. The Sen- port more important needs. In all, the women in uniform. I am inspired by ator from Nebraska. bill moves about $10 billion from un- their service, and I look forward to f necessary spending to increase the ca- continuing to work with my colleagues pabilities of our warfighters. One such to protect our great Nation as the full NATIONAL DEFENSE area is the development of the ad- AUTHORIZATION ACT Senate considers the NDAA. vanced technologies. I yield the floor. Mrs. FISCHER. Mr. President, I rise This bill sets aside $400 million for The PRESIDING OFFICER. The Sen- to speak about the National Defense the offset initiative announced by the ator from Rhode Island. Authorization Act or NDAA. The brave Department in November of last year. Mr. WHITEHOUSE. Madam Presi- men and women who serve in our The technological superiority of our dent, I understand that we are now in Armed Forces have protected our Na- forces has come under increasing a period of morning business. tion for generations. Because of their threat in recent years. This is an issue The PRESIDING OFFICER (Mrs. selflessness, we are able to enjoy many that the Emerging Threats and Capa- FISCHER). The Senator is correct. freedoms here at home, but it is impor- bilities Subcommittee, which I chair, Mr. WHITEHOUSE. Therefore, it is tant to remember that these liberties has followed closely. not in order for me to call up an are not free. The new funding devoted to this ini- amendment to the Defense bill. I will The sacrifices made by our service- tiative is targeted toward the develop- come back and get this amendment members are extraordinary, and we ment of the next-generation tech- pending at the appropriate time on the must ensure that they have the re- nology, such as lasers and railguns that floor.

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.059 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3765 CITIZENS UNITED DECISION promises—silent, at least, to the pub- port disclosure. Over and over, you see Mr. WHITEHOUSE. Madam Presi- lic. Members who are still here, including dent, I wish to take a few minutes now The American people are pretty fed the majority leader, who were ardent to speak about my amendment No. up. The New York Times this week re- supporters of disclosure—ardent sup- 1693, which responds to the very unfor- ported on a poll, and I will just quote porters of disclosure, that is, until it tunate Citizens United decision. Janu- a little bit from the story: turned out that after Citizens United, ary 2015 was that decision’s fifth anni- The findings reveal deep support among the big, dark money tended to come in versary, and it has had a pretty nefar- Republicans and Democrats alike for new on behalf of—guess what—Republicans. ious effect on our democracy. measures to restrict the influence of wealthy So the disclosure principle evapo- givers, including limiting the amount of rated, but I think it has to come back. The premise of the decision was that money that can be spent by ‘‘super PACs’’ unlimited corporate expenditures The public is sick of it. It is time we and forcing more public disclosure on organi- cleaned up the political process from would not corrupt or exert improper in- zations now permitted to intervene in elec- fluence in our American democratic tions without disclosing the names of their all this dark money. It is totally con- process because there would be a re- donors. sistent with the premise of the Citizens United decision. gime of—to quote the decision—‘‘effec- And the story continues: So when the time comes for me to tive disclosure’’ that would ‘‘provide And by a significant margin, they reject shareholders and citizens with the in- call up this amendment and get it the argument that underpins close to four pending, I will do so with the hope that formation needed to hold corporations decades of Supreme Court jurisprudence on and elected officials accountable for campaign finance: that political money is a we can find some Republican support their positions and supporters.’’ form of speech protected by the First for the American people being allowed Well, here we are. Everybody in this Amendment. to know who is spending big bucks to room knows that there has been no ef- Clearly, money facilitates speech, influence elections. We are entitled to fective disclosure whatsoever. We live but it also facilitates bribery. It also know that. in a world of dark money in which spe- facilitates simply bludgeoning political f cial interests spend tens and even hun- actors and political parties with pres- AMENDMENT NO. 1521 sure. dreds of millions of dollars in elections Mr. WHITEHOUSE. Madam Presi- Now, the results here: to buy influence and to try to make dent, one other thing I wish to speak in sure that people get their way. There is More than four in five Americans [more favor of is the amendment of Senator neither public knowledge nor account- than 80 percent of Americans] say money REED, my senior Senator—Senator ability about that dark money spend- plays too great a role in political campaigns . . . while two-thirds say that the wealthy JACK REED of Rhode Island—to cut the ing. so-called OCO budget gimmick from The Louisville Courier-Journal, in an have more of a chance to influence the elections process than other Americans. the Defense bill. editorial in June 2012, described the I am on the Budget Committee, and I problem very well: That is not healthy when 80 percent of Americans think that money plays have heard very passionate protesta- Money. Buckets of it. Tidal waves that one tions from my colleagues on the Budg- pundit has dubbed the ‘‘tsunami of slime.’’ too great a part and two-thirds of Americans think that they don’t have et Committee about the importance of Well, we who are in this political an equal shot in elections compared to reducing the deficit, not dealing with world have experienced firsthand that the wealthy. the national debt, reducing borrowing, tsunami of slime that the Citizens And it is not only Democrats and deficit spending, and all of that. Well, United decision unleashed. In the 2014 independents who feel this way. I will when it comes to this particular bill, midterm elections, the Washington continue to read: suddenly all of those concerns have Post has reported that at least 31 per- gone completely out the window. They cent of all independent spending in Those concerns—and the divide between Washington elites and the rest of the coun- are funding a significant portion of this those elections was spent by groups try—extend to Republicans. Three-quarters Defense authorization with imaginary that don’t disclose who their donors of self-identified Republicans support requir- money, with an account that is not in- are. You don’t know who is behind ing more disclosure by outside spending or- tended to support ongoing, continuing, their money. ganizations....Republicans in the poll baseline defense expenditures, and that You know the candidates know who were almost as likely as Democrats to favor is reserved for overseas contingencies is behind the money. For sure they are further restrictions on campaign donations. and that, therefore, doesn’t have to be going to be told, but the public doesn’t So if three-quarters of self-identified paid for. So it would be a clear increase know who is behind that money. Republicans support requiring more to the debt and the deficit to go down And that 31 percent doesn’t even disclosure by outside political spending this road, and we would very much pre- count what are called issue ads, where organizations, I would hope that I fer that instead of using the so-called somebody says the Presiding Officer, could get support for this amendment OCO gimmick to fund this authoriza- for instance, has a terrible position on which would require some disclosure. tion with deficit spending, we sit down this issue and you need to call her and It would require any company that and have a mature and consequential tell her that her position is terrible, contracts with the Department of De- discussion between the White House anti-American, wicked, no good, and fense—and they get big contracts with and the Senate and the House on where that she is awful—and on and on they billions, hundreds of billions of dol- our spending is going to go and with go. That is an issue ad, and so it lars—to disclose all of its campaign what accounts we are going to be able doesn’t even count. So that whole spending over $10,000. It is a require- to do it. Before we start going account extra bit—also dark—is not even part ment that would apply to all the cor- by account through the appropriations of the 31 percent. porate officers, the board members, and process, we have a plan in mind so that And the big, obvious thing that the to anyone who owns 5 percent or more we don’t find that certain favored ac- Citizens United decision completely of the company. counts get dealt with first and then the overlooked is that if you give big cor- When there is that much money rug gets pulled out from under the oth- porations and hugely wealthy special sloshing around in the defense budget, ers. interests the ability to spend on elec- and when political actors are making I think that is a reasonable way, and tions, guess what else you give them. the decisions about where that goes, we I support Senator REED’s amendment You give them the ability to threaten ought to be able to connect the dots be- and his notion that we should have a to spend or to promise to spend, and tween those corporations and whom bipartisan plan to replace the arbitrary you know that those threats and prom- they are giving big money to. sequester cuts with a balanced deficit- ises are never going to be in any re- So this is a very simple disclosure reduction strategy that includes, gime of effective disclosure. That is the provision. Again, 75 percent of Repub- among other things, closing some ultimate private exercise of political licans support increased disclosure, wasteful tax loopholes. influence. We have no idea how big the and, in fact, a considerable number of With that, I yield the floor. effect is of those silent threats and Republicans in the Senate used to sup- I suggest the absence of a quorum.

VerDate Sep 11 2014 04:35 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.061 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3766 CONGRESSIONAL RECORD — SENATE June 4, 2015 The PRESIDING OFFICER. The Brookings Institution, Columbia Uni- place, with an even tighter embargo on Ira- clerk will call the roll. versity, the Center for a New American nian oil exports. It will be much harder to The legislative clerk proceeded to Security—too many to even list here. insist that other countries limit Iranian im- call the roll. The individual experts who are in favor ports if the U.S. refuses to sell them its oil. There are other threats arising from global Ms. MURKOWSKI. Mr. President, I of allowing oil exports are also quite oil suppliers that the U.S. cannot afford to ask unanimous consent that the order impressive. These are people whom we ignore. Libya is racked by civil war and at- for the quorum call be rescinded. look to for leadership in a host of dif- tacks by the Islamic State. Venezuela’s mis- The PRESIDING OFFICER (Mr. CAS- ferent areas. managed economy is near collapse. SIDY). Without objection, it is so or- There was a piece in the Wall Street Most ominous is Russia’s energy strangle- dered, Journal that I ask unanimous consent hold on Europe. Fourteen NATO countries buy 15% or more of their oil from Russia, f be printed in the RECORD, penned by Leon Panetta and Stephen Hadley, the with several countries in Eastern and Cen- OIL EXPORTS tral Europe exceeding 50%. Russia is the sole Defense Secretary in the Obama ad- Ms. MURKOWSKI. Mr. President, or predominant source of natural gas for sev- ministration and the National Security eral European countries including Finland, when we talk about national security Advisor in the Bush administration. Slovakia, Bulgaria and the Baltic states. Eu- issues and the vulnerabilities we have They wrote a piece that was entitled rope as a whole relies on Russia for more as a nation, I can think of no other ‘‘The Oil-Export Ban Harms National than a quarter of its natural gas. area where we face such challenges and Security.’’ It is well-founded, well- This situation leaves Europe vulnerable to yet such opportunities when it comes written, and to the point. Kremlin coercion. In January 2009, Russia to our energy assets and how we can There being no objection, the mate- cut off natural gas to Ukraine, and several utilize our energy policies at their rial was ordered to be printed in the European countries completely lost their gas intersection points with our national supply. A recent EU ‘‘stress test’’ showed RECORD, as follows: that a prolonged Russian supply disruption security policies. [From the Wall Street Journal (Opinion) would result in several countries losing 60% The inability of the United States to May 19, 2015] of their gas supplies. export oil is a vulnerability to our na- THE OIL-EXPORT BAN HARMS NATIONAL Further, revenue from sales to Europe pro- tion. At a time when we have risen to SECURITY vides Russia with considerable financial re- be the world’s top producer of oil, our THE U.S. IS WILLFULLY DENYING ITSELF A TOOL sources to fund its aggression in Ukraine. outdated 1970s-era ban on oil exports is THAT COULD PROVE VITAL IN DEALING WITH That conflict could conceivably spread causing us to miss out on a significant THREATS FROM RUSSIA, IRAN AND OTHERS through Central Europe toward the Baltic economic- and security-related bene- (By Leon E. Panetta and Stephen J. Hadley) states. So far, the trans-Atlantic alliance has held firm, but the trajectory of this con- fits. The United States faces a startling array flict is unpredictable. The U.S. can provide of global security threats, demanding na- The good news is we can change this. friends and allies with a stable alternative to tional resolve and the resolve of our closest It is within our power to change this, threats of supply disruption. This is a stra- allies in Europe and Asia. Iran’s moves to be- and that is why I have come to the tegic imperative as well as a matter of eco- come a regional hegemon, Russia’s aggres- floor this afternoon. nomic self-interest. sion in Ukraine, and conflicts driven by Is- Here is a fact: The United States is The domestic shale energy boom has sup- lamic terrorism throughout the Middle East ported an estimated 2.1 million U.S. jobs, ac- the only advanced Nation that pro- and North Africa are a few of the challenges cording to a 2013 IHS study, but the recent hibits crude oil exports. We are the calling for steadfast commitment to Amer- downturn in oil prices has led to massive only one. Countries such as Australia, ican democratic principles and military cuts in capital spending for exploration and readiness. The pathway to achieving U.S. Denmark, Norway, the United King- production. Layoffs in the oil patch have goals also can be economic—as simple as en- dom, Canada, and even New Zealand all spread outward, notably to the steel indus- suring that allies and friends have access to allow for both imports and exports, try. Lifting the export ban would put some secure supplies of energy. just like the normal trade in any other of these workers back on the job and boost Blocking access to these supplies is the the U.S. economy. commodity. It is distinctly weird that ban on exporting U.S. crude oil that was en- Why, then, does the ban endure? Habit and we would prohibit our own exports. acted, along with domestic price controls, myth have something to do with it. U.S. en- We are also in a position where our after the 1973 Arab oil embargo. The price ergy policy remains rooted in the scarcity friends and our trading partners are controls ended in 1981 but the export ban mentality that took hold in the 1970s. Even lives on, though America is awash in oil. openly asking us for assistance. They now, public perception has yet to catch up to are coming to us and saying: Hey, can The U.S. has broken free of its dependence on energy from unstable sources. Only 27% of the reality that America has surpassed both you help? We are your friends. We are Russia and Saudi Arabia as the world’s larg- your allies. You have the resources. the petroleum consumed here last year was imported, the lowest level in 30 years. Nearly est producer of liquid petroleum (exceeding The world has changed dramatically. half of those imports came from Canada and 11 million barrels a day). The U.S. became We have new alliances. We have new Mexico. But our friends and allies, particu- the largest natural gas producer in 2010, and threats. We have new hopes. We have larly in Europe, do not enjoy the same de- the federal government will now license ex- new fears. It is my own hope that while gree of independence. The moment has come ports of liquefied natural gas. the world may have changed, our Na- for the U.S. to deploy its oil and gas in sup- The fear that exporting U.S. oil would cause domestic gasoline prices to rise is mis- tion’s role as a global leader has not port of its security interests around the world. placed. The U.S. already exports refined pe- eroded. This is an area where we have troleum, including 875,000 barrels a day of an opportunity to prove it has not Consider Iran. Multilateral sanctions, including a cap on its oil exports, brought gasoline in December 2014. The result is that eroded. Tehran to the negotiating table. Those sanc- U.S. gasoline prices approximate the world Our energy renaissance is a new tions would have proved hollow without the price. Several recent studies, including by thing, and sometimes it takes time to surge in domestic U.S. crude oil production the Brookings Institution, Resources for the understand the implications of new that displaced imports. Much of that foreign Future and Rice University’s Center for En- things, of changes, but here is where oil in turn found a home in European coun- ergy Studies, demonstrate that crude oil ex- tries, which then reduced their imports of ports would actually put downward pressure we have been. We have already held on U.S. gasoline prices, as more oil supply about half a dozen hearings on the Iranian oil to zero. The prospect of a nuclear agreement with hits the global market and lowers global topic of oil exports in the House and in Iran does not permit the U.S. to stand still. prices. the Senate since last January. I intro- Once world economic growth increases the Too often foreign-policy debates in Amer- duced this subject last January 2014, demand for oil, Iran is poised to ramp up its ica focus on issues such as how much mili- and I said at that time that 2014 was exports rapidly to nations whose reduced Ira- tary power should be deployed to the Middle going to be the year of the report, nian imports were critical to the sanctions’ East, whether the U.S. should provide arms where we would seek out the experts, success, including Japan, South Korea, Tai- to the Ukrainians, or what tougher economic wan, Turkey, India and China. U.S. exports sanctions should be imposed on Iran. Ignored we would ask the think tanks to weigh is a powerful, nonlethal tool: America’s in on this issue, and so they did. The would help those countries diversify their sources and avoid returning to their former abundance of oil and natural gas. The U.S. reports that came out were numerous, level of dependence on Iran. remains the great arsenal of democracy. It they were considered, they were More critically, if negotiations fail, or if should also be the great arsenal of energy. thoughtful, and they were all very Tehran fails to comply with its commit- Ms. MURKOWSKI. It said directly: helpful. Reports came out of the ments, the sanctions should snap back into We keep this ban in place, this decades-

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.062 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3767 old ban. It hurts us as a nation. It on Iranian producers effectively sanc- past year, and look to updating this harms us from a national security per- tions U.S. oil production. very outdated policy that is holding us spective, not to mention the benefits There was an article in Reuters this back as a nation. that oil exports will provide when it week that revealed that India is now Mr. President, I yield the floor. comes to increased production and in- importing record volumes of oil di- The PRESIDING OFFICER. The Sen- creased jobs benefits to our economy. rectly from Iran. Another from May ator from Kansas. There are other folks out there who showed record oil exports out of Iraq to Mr. ROBERTS. Mr. President, I have also weighed in. Larry Summers, global markets. Yet another shows the thank the Senator from Alaska for her formerly the Treasury Secretary for highest volumes of oil exports from remarks. Please count me in. It is very President Clinton and also Director of Saudi Arabia in 10 years. So the fact is timely and extremely important. the National Economic Council for that we are simply not competing. f President Obama, said this about lift- The second component of my amend- 71ST ANNIVERSARY OF D-DAY ment says that 30 days after comple- ing the ban on oil exports: ‘‘The merits Mr. ROBERTS. Mr. President, this tion of this report, all U.S. crude oil are as clear as the merits with respect Saturday will be the 71st anniversary may be exported on the same basis as to any significant public policy issue of one of the greatest days in history— that I have ever encountered.’’ This is the regulations and law currently D-day, June 6, 1944, the day that led to a guy many people looked to for leader- allow for exports of petroleum prod- Allied victory in Europe in World War ship in a host of different areas. The ucts. Today, we can export gasoline, we II, the preservation of Western democ- merits are as clear as the merits with can export diesel, we can export jet racy, no less, and freedom for genera- respect to any significant public policy fuel—really, any refined product we tions to come. issue he has encountered. can export without a license—but we Few days in history belong to indi- Tom Donilon, formerly the National cannot export crude oil. It does not viduals, but this day, D-day, belongs to Security Advisor to President Obama, make sense, and it is high time we re- Dwight David Eisenhower. Ike came to has said that allowing exports ‘‘will in- solve that inconsistency. this day, which forever established his crease diversity of supply, increase The third component of my amend- place in history as a soldier, as a Kan- competition, reduce volatility and ment preserves the authorities of the san, and most of all as an American. lower prices in global markets.’’ President to block exports during I come to the floor today as a Sen- The questions we needed to ask about emergencies, during a national secu- ator, as a marine, and as Ike’s fellow oil exports have been asked, and an- rity crisis, and so forth. Kansan. Most of all, I come to share swered favorably. Independent experts So what we have done is we have bor- Ike with my fellow Americans and my have studied what would happen if we rowed language on these authorities di- colleagues in the Senate. lift the ban and almost universally en- rectly from the legislation from 20 There are days in history that couraged us to move forward to lift years ago that authorized oil exports change nations and the course of his- this outdated, outmoded policy. from Alaska’s North Slope, which was tory itself. D-day, June 6, 1944, was one This is not a partisan issue. My col- a measure that passed the Senate on a of those days. The events growing out league from North Dakota is on the bipartisan vote, 74 to 25, and was signed of that day changed the course of mil- floor today. We have introduced bipar- into law by President Clinton. What we lions of lives, preserved Western civili- tisan legislation to remove this ban. had over 20 years ago was an over- zation, and led to victory over a ruth- This is something which is simply in whelmingly favorable vote well before less tyranny totally dedicated to de- the best interest of the United States, this American energy renaissance stroying democracy. both in terms of our economic strength began. The sacrifices and human losses were and in terms of our national security. I find the whole idea that oil exports immense. Several weeks ago, on May 8, I am here today to tell our col- would still be prohibited a little mind- the whole of Europe—from Amsterdam leagues, to repeat and remind our col- boggling. The Commerce Department to Moscow—was not only celebrating leagues that the time to legislate on keeps a list of commodities that are in European victory in World War II but oil exports is now. I think the bill we short supply. They call this the short also remembering the special sacrifices have in front of us, the National De- supply controls. Historically, these of the brave young Americans who fense Authorization Act being led by controls were generally not blanket made victory possible when it seemed our friend and colleague from Arizona, prohibitions; they were on items such impossible, especially in June of 1944, is the perfect vehicle on which to ad- as aluminum, copper, iron and steel when the whole of Europe and much of Russia was under the Nazi boot. These vance this. Therefore, I ask unanimous scrap, diamond bort and powder, nickel cataclysmic events were set in motion consent to call up and make pending selenium, and the polio vaccine—not on D-day by the heroic decisionmaking my amendment No. 1594, related to blanket prohibitions, just bits of them. of one man, a Kansan from modest ori- crude oil exports. Only three items remain on the short gins and humble roots—Dwight David Mr. President, I withhold the request supply controls list. One of them—you Eisenhower—who, at the direction of to make this amendment pending at guessed it—is crude oil, the second is the President of the United States, car- this point in time, but if I may proceed western red cedar, and the third is ried individually the sole responsibility to speak to three quick components to horse for slaughter. There is also a of supreme command of all Allied the amendment. small caveat here that prohibits ex- forces in Europe in World War II. The first requires the Department of ports from the Naval Petroleum Re- The decision to launch the invasion Energy to assess the impact that lift- serves, but, really, the list is pretty was his alone, and the risk of failure ing sanctions on Iran would have on short. There are three things: crude oil, was enormous, with huge human losses global oil markets. We would likely see western cedar trees, and horse for assured for America and all of its al- higher Iranian oil exports, even as slaughter. Clearly our policy needs to lies. Ike’s decision, however, proved American producers are prohibited be modernized. correct and was followed by the great- from accessing global markets. So our We see many parts of the world in a est demonstration of military coalition friends in Japan, India, South Korea, state of unrest. Many parts of the leadership ever seen in history—before and elsewhere would continue import- world are seemingly on fire. America or since D-day. This brilliant leader- ing from Iran, in part because they and American energy need to be ready ship by General Eisenhower led to vic- cannot get the crude oil from us. They to render vital assistance to our friends tory in Europe in 1945, followed by the cannot import from us. That situation who are counting on us to demonstrate defeat of Japan. is simply unacceptable. We would be that global leadership. This is our Ike never let his gigantic role in his- lifting sanctions on Iranian oil while chance, and I look forward to further tory push his ego ahead of modesty, maintaining them on American oil. discussion on the floor as we move this common sense, and humility. As he fa- I have made this point and I have re- NDAA measure forward. mously said in 1945, ‘‘Humility must al- peated it before: Leaving in place the I encourage colleagues to look at this ways be the portion of any man who re- oil export ban on U.S. producers while amendment, look at the merits of the ceives acclaim earned in blood of his at the same time sanctions are relieved reports that have gone down in the followers and sacrifices of his friends.’’

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.065 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3768 CONGRESSIONAL RECORD — SENATE June 4, 2015 Ike’s transcending humanity won not dous colleague, LISA MURKOWSKI from baseball scholarship and became an ac- only his fellow citizens’ respect but Alaska, as she talks about oil exports. tive member and officer of the Lambda also their affection. Indeed, he won the I will tell you this: There are very Chi Alpha fraternity. After finishing respect and affection of much of the few issues we confront in the Senate his junior year of college, Craig en- world, and he is celebrated internation- where there is absolutely nothing on listed in the Marine Corps. The Acting ally to this very day. the negative equation. What do I mean Secretary of the Navy wrote the fol- Currently, I am privileged to serve as by that? Changing this policy has hun- lowing in Craig’s citation for the Silver the chairman of the Eisenhower Memo- dreds of good ideas and good reasons, Star Medal. rial Commission. Two giants of the and there is absolutely no reason not He unhesitatingly assumed the hazardous United States Senate brought me to to do it. As we continue to pursue fair- point position and while fearlessly advancing this role: Congressional Medal of Honor ness for the oil-and-gas-producing in- at the front of his team, he was severely winner Danny Inouye and U.S. Army dustry, allowing them to seek their wounded by an enemy mine. Despite intense pain, he valiantly continued to direct his Flying Tiger pilot Ted Stevens, both market as we continue to pursue an op- men, urging them forward to complete their combat-decorated World War II vet- portunity for our consumers to experi- mission. erans who decided Ike, both as general ence lower oil and gas prices, as we About a week after sustaining that and as President, should be nationally kind of move forward with oil and gas injury, Craig died from his wounds. memorialized. They decided and con- policy, I think it is critically impor- Nearly 600 people attended Craig’s fu- vinced the Congress that the general tant that we understand and appreciate neral. and President Eisenhower should be that in this arena, the effort is bipar- In addition to receiving many medals nationally celebrated. And the day it tisan, the effort is essential for energy honoring his sacrifice and service, all began was D-day. security in our country, energy inde- Craig was also inducted into the North Senator Inouye from Hawaii and Sen- pendence in our country, and energy Dakota American Legion Baseball Hall ator Stevens from Alaska knew that security across the world. of Fame, and his fraternity named Ike represented more than Kansas, I applaud Senator MURKOWSKI for their library after him. more than America, but the entire taking on this issue. I believe that as His family cherishes an essay enti- world as well and that he spoke to the she has said, this is the year it must tled ‘‘My Philosophy of Life’’ Craig world. His identity was simple, basic, get done. I look forward to our con- wrote in the eighth grade, where he and convincing. In paying homage in tinuing efforts, our bipartisan efforts stated: 1945 to the British fathers and mothers to move this along. I believe in a free country. People must of the soldiers, sailors, and airmen who f have courage and be willing to fight for our had died under his command, he also freedom. HONORING VIETNAM VETERANS said, ‘‘I am not a native of this land. I CHRISTOPHER DAVIS AND NORTH DAKOTA’S SOLDIERS come from the very heart of America.’’ WHO LOST THEIR LIVES IN VIET- Christopher Davis was from Belcourt It is a paradox of unfortunate irony NAM and was born June 1, 1942. He served in that those members of the ‘‘greatest the Army’s 17th Field Hospital as a generation’’ who come on Honor Ms. HEITKAMP. Mr. President, be- medic. Chris was 24 years old when he Flights from all across our great Na- fore I begin to talk about the 198 North died on March 18, 1967. tion to the World War II Memorial can- Dakotans who died while serving our He was one of seven children. Also, not visit, reflect, and pay homage to a country in Vietnam, I want to first his nephew, Gerald, was raised by memorial to the general who led them mention and publicly thank a great Chris’s parents and the two were as to victory. Vietnam veteran, Jim Schothorst of close as brothers. Gerald remembers Today, in the midst of a much dif- Grand Forks. He is a Vietnam veteran. Chris’s fun personality and the little ferent war and during a time when our He enlisted in the Army and served in jokes and tricks he played on people, Nation is searching for resolve, com- Vietnam from December 1966 to March like dressing up and impersonating mitment, and leadership, I suggest and 1969 as a construction engineer with others. Chris loved to sing and play the recommend that all of my colleagues the 169th Engineer Battalion. guitar, and once won second place in a reflect upon the unique leadership of He was raised in McVille. He now contest singing Ricky Nelson’s ‘‘Poor America’s greatest general when the lives in Grand Forks. He received his Little Fool.’’ future of Western democracy was in degree from the University of North While serving in Vietnam, Chris grave peril. Time is of the essence, and Dakota and was employed with the mailed his parents a letter describing now is the time to complete a lasting Grand Forks Health Department for 25 seeing more blood in 1 day in the hos- memorial and tribute to America’s years. pital in Vietnam than he had seen in greatest wartime general and President Jim has been extraordinarily helpful his whole lifetime before that. of the United States whose legacy was to the North Dakota congressional del- After Chris died, Gerald served in the 8 years of peace and prosperity. The egation whenever we have needed to Army in Vietnam. Gerald went to visit veterans of World War II and their fam- gather input or hear from Grand Forks the hospital where Chris worked but ilies know this, and their counterparts area veterans. left almost as soon as he entered be- all over the world know this as well. Thank you, Jim, for your service to cause of the awful cries and screams With the completion of the Eisenhower our country. that he heard. Chris’s family says that memorial, their children and grand- I want to again extend my comments Chris’s son Marcus has similar looks children and generations to come will and talk about 14 men who did not and mannerisms to Chris. Marcus was understand the tremendous commit- make it home from Vietnam. just a baby when Chris died. ment undertaken in defense of free- WESLEY CRAIG BRENNO DEWAYNE SELBY dom, then and now. The first soldier whom I will talk DeWayne Selby was from Bismarck. Now is the time. about is Wesley Craig Brenno. Craig He was born July 6, 1948. He served in I yield the floor. was from Larson. He was born Feb- the Marine Corps’ India Company, 3rd The PRESIDING OFFICER. The Sen- ruary 18, 1945. He served in the Marine Battalion, 3rd Marines. DeWayne died ator from North Dakota. Corps Charlie Company, 1st Battalion, on May 26, 1968. He was 19 years old. f 1st Marines. Craig died on March 28, DeWayne was one of four children. 1967. He was 22 years old. His brother, Richard, also served our OIL EXPORTS He attended school in Columbus and country in the Navy. DeWayne’s sister, Ms. HEITKAMP. Mr. President, be- was a star athlete. He was voted most Phyllis, and his wife, Evan, remember fore I begin what has turned into my valuable player, and he lettered in what a soft heart DeWayne had. When weekly discussion about the sacrifices baseball, basketball, and football from he was 15 years old, he moved in with of 198 North Dakotans who lost their eighth grade through his senior year of his grandparents so he could help take lives in Vietnam, I wish to briefly men- high school. care of his aging grandfather. After tion and associate myself with the re- In 1963, he began his college career at high school, DeWayne worked as a me- marks of my great friend and tremen- the University of North Dakota on a chanic, often fixing cars for free for

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.066 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3769 people who did not have any money. School. He later attended Bismarck Killed Bill).’’ Jim’s book details Bill’s DeWayne taught Phyllis how to play Junior College and the University of life and death and includes letters Bill football and baseball with the boys, but North Dakota where he received a de- wrote to friends and family. if they got too rough, DeWayne pro- gree in accounting. In Vietnam, Bill became a medic and tected his little sister. Ernie’s sister, Jan, says that he liked died 1 month after arriving in Vietnam. DeWayne was shot and killed about a to have fun and had a good sense of He was killed after running to provide month into his tour of duty in Viet- humor. He and his dad enjoyed hunting first aid and evacuate a fellow soldier nam. and fishing together as often as they who had been shot. Bill was awarded LARRY WARBIS could. the Silver Star for his heroism and his Larry Warbis was from Haynes. He Ernie was killed when the helicopter devotion to his duty. was born October 15, 1948. He served in he was flying on an emergency medical ROGER FOREMAN the Army’s 9th Infantry Division. He evacuation mission was shot down and Roger Foreman was from New Town died on October 6, 1968. He was 19 years crashed. The only survivor of the crash and was born August 4, 1947. He served old. spoke with Jan and explained that in the Army’s 101st Airborne Division. Larry was one of five children and at- Ernie’s calm and collected manner was Roger died on July 18, 1969. He was 21 tended Haynes High School, where he the reason that survivor was able to years old. played basketball. He then worked at live and that Ernie was highly re- He was the oldest of three children. the Haynes elevator, where his brother spected by his fellow Marines. His father, Earl, was wounded while managed the elevator. PAUL CHARNETZKI serving in the Army in World War II. Larry’s sister, Vicki, says that she Paul Charnetzki was from Valley Roger’s brother, Dale, says that and Larry spent their free time to- City and was born May 25, 1936. He Roger was a caring person who loved gether hunting, catching snakes, and served in the Army’s Military Assist- his family and his country. Roger also shooting pheasants year-round. Their ance Command—Vietnam Advisers. loved his mom’s home cooking. His mother scolded them for shooting Paul was 31 years old when he died on mother is still alive today. She is 95 pheasants out of season but then February 7, 1968. years old. cooked the birds for the family to eat Paul left behind his wife and five In his free time, Roger enjoyed hunt- anyway. sons. One son, also named Paul, said ing, fishing, motorcycles, track, foot- Vicki remembers Larry as a kind, that his father loved this country and ball, and basketball. A highlight of his soft person. Their cousin, Sharon the Army. He was a professional sol- high school experience was taking sec- Campbell, remembers having fun baby- dier, and he respected and cared for his ond place in the 1963 State Class B Bas- sitting Larry and what a nice young fellow soldiers. ketball Tournament. man he grew up to be. He spent as much time as he could After his death, Roger was awarded Larry was killed about 2 months into with his sons, settling their fights and the Bronze Star Medal for Valor and his tour of duty in Vietnam. Larry’s pretending to be tackled in their back- the Purple Heart. body was returned to his family on his yard football games. JAMES FOWLER 20th birthday. Paul was killed when the Vietnamese James Fowler was from Bismarck DENNIS ‘‘BUDDY’’ WOSICK unit he was advising was ambushed. He Dennis ‘‘Buddy’’ Wosick was from was shot while assisting his unit mem- and was born January 7, 1938. He was a Grand Forks and was born September bers into the evacuation helicopter. lieutenant colonel in the Air Force’s 26, 1947. He served in the Army’s 11th Paul was awarded the Silver Star 523rd Tactical Fighter Squadron. Infantry Brigade. Buddy died on June Medal for his gallantry in action, and James was 34 years old when he went 9, 1969. He was 21 years old. his son Paul believes that he would missing on June 6, 1972. Although Dennis was his name, he have been proud of that award, but In Bismarck, he attended St. Mary’s was known to all of his family and even more proud of what his friends High School. His family says he always friends as Buddy. First, he was his told Paul’s family; that he was the ul- loved North Dakota. dad’s little buddy, and as he grew up, timate warrior. In 1960, James earned a degree in architecture from the University of he became a buddy to all who knew JOSEPH ‘‘BILL’’ CRARY Notre Dame, where there is today a him. Joseph ‘‘Bill’’ Crary was from Fargo scholarship named after him for his He had dreams about becoming an as- and was born April 18, 1945. He served outstanding work called Outstanding tronaut, and he could fix anything, in- in the Army’s 196th Infantry Brigade. ROTC. cluding HAM radios, TVs, and cars. To He was 25 years old when he died on In 1972, James and CPT John Seuell this day, Buddy’s family still hears May 27, 1970. from people who knew him and people Bill was one of seven children. There were flying an F4D aircraft that was who have beautiful stories about his were three sets of twins in his family. shot down over Vietnam. Their bodies character, like when he gave up his Bill and his twin sister, Kathy, were have never been recovered. lunch at school for another boy who the oldest twins in the family. Bill’s In addition to his mother Mildred had been bullied and whose sandwich brother, Mike, also served in Vietnam. and his sister Marcene, James left be- was thrown on the ground. The Crary family honors Mike as a hind his wife Maralyn, daughter Jody, Buddy died saving the men in his bar- hero for his service and selflessness as and son Stephen. racks from an explosion that could well. Mike told Bill that instead of In 1989, the sons of the two MIA pi- have killed them if he had not bravely being drafted, Bill should enlist and lots met by chance. Stephen and Cap- jumped into the ammunition truck to Mike would offer to sign up for a sec- tain John Seuell’s son, also named drive it from the targeted barracks as ond tour of duty so Bill would not have John, met at a banquet, learned that it was being attacked. His sister, to serve in Vietnam, but Bill did not they grew up near each other, and both Kathy, whom I had the privilege to agree. began attending the Air Force Acad- meet last Sunday in Fargo, believes Bill had earned a degree from St. emy in Florida. Both boys had lifelong that Buddy knew he was giving his life Louis University and was attending the dreams to fly and become pilots like by driving that truck away, but that University of North Dakota Law their fathers. was the kind of guy Buddy was. School when he was drafted. ROBERT ‘‘BOB’’ HIMLER ERNEST ‘‘ERNIE’’ BARTOLINA, JR. His siblings believe Bill was special Robert ‘‘Bob’’ Himler was from Ernest ‘‘Ernie’’ Bartolina, Jr., was a and excelled at everything. They be- Williston and was born October 21, 1942. Bismarck native. He was born Decem- lieve he could have held office at the He served as a captain in the Marine ber 29, 1942. He served as a captain in highest level. Bill’s cousin, Jim Crary, Corps. Robert was 25 years old when he the Marine Corps flying helicopters. says Bill always saw the bright side of died on October 24, 1968. Ernie was 26 years old when he died on situations and was determined to do He was attending the University of February 7, 1969. the best at whatever he was doing. Jim North Dakota with plans to become a He played the French horn in the wrote a book about Bill titled ‘‘War doctor, but he paused his studies to en- band while attending Bismarck High Doesn’t Bother Butterflies (But It list in the Marines.

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.067 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3770 CONGRESSIONAL RECORD — SENATE June 4, 2015 In Vietnam, Robert was killed when JOHN BRINKMEYER quietly passed away on May 30 after a the helicopter he was flying was struck John Brinkmeyer was from New Eng- brief battle with thyroid cancer. Serv- by hostile fire, crashed, and burned. land and was born June 19, 1946. He ing as an apostle in the Church of In addition to his parents and sib- served in the Army’s 101st Airborne Di- Jesus Christ of Latter-day Saints for lings, he left behind his wife, Doris. vision Artillery. John was 22 years old more than 40 years, Elder Perry trav- Robert’s family says that everyone when he died on November 27, 1968. eled the world, strengthening con- loved him and that to this day, when- John’s family says that he loved gregations, visiting the poor, and min- ever his classmates see his sister, barefoot waterskiing and flying. John istering to the sick and afflicted. Patty, they still talk about him. chose to serve so that none of his three Throughout his ecclesiastical service, Robert’s mother’s husband, Duane, brothers would ever have to. his words and actions inspired count- has a diary that Robert kept while he The last letter John mailed to his less Latter-day Saints and many more served in Vietnam. Duane notes the in- parents from Vietnam described, with a outside the church. As millions across teresting fact that Robert stopped positive outlook, living and working in the world mourn his passing, we find writing in the diary about 5 months be- less-than-ideal conditions. In his let- peace in his teachings and take solace fore he died. ter, he wrote that he expected to be in the memory of a man who con- promoted and receive a better aircraft secrated his life to the service of oth- BYRON KULLAND in about 1 month. But almost 2 weeks ers. Byron Kulland was from New Town after writing the letter, John’s aircraft From humble beginnings, Elder and was born on November 9, 1947. He was shot down and John was killed. Perry developed a strong sense of dis- served in the Army’s 196th Infantry His captain wrote John’s parents a cipline that would later define his Brigade. Byron was 24 years old when letter that said: church service. Born to Leslie Thomas he went missing on April 2, 1972. John was the most outstanding young offi- and Nora Sonne Perry in 1922, his fa- His brother, Lee, says that Byron was cer in my battery. ther was a lawyer and his mother was always smiling and enjoyed life. He He was hardworking and conscientious in a teacher by profession. Together, they loved music, animals, and he loved his all that he did. His personal courage on com- taught Tom the principles of honest wife, Leona. bat operations won him not only the respect work and self-reliance. Elder Perry was Byron was musically gifted. His of all the officers and men in the battery, no stranger to hard labor, and some of mother taught him to play the piano, but also that of Lt. Col. Bartholomew, the his earliest memories included long and he taught himself to play the gui- battalion commander, who personally chose days working the fields, milking the John as his pilot. tar and banjo. family cow, and cutting hay by hand Byron and his brother, Lee, sheared In addition to his parents, brothers, with an old scythe. From these early sheep to help pay for Byron’s college and sister, John left behind his wife experiences, Elder Perry learned that tuition. Byron graduated from North Leona, daughter Lori, and son Michael. nothing would be handed to him and Dakota State University with a degree John’s daughter Lori feels that both that he had to work for everything he in agricultural engineering. He also her dad and mom were heroes—her dad received. And work he did. graduated from ROTC as a second lieu- for his service and sacrifice and her After finishing his first year of col- tenant. mom for dealing with the pain of losing lege, Elder Perry accepted a call to In Vietnam in 1972, Byron and his her husband. serve his church in the Northern States helicopter crew were flying on a search I want to take a moment and thank Mission. During the 2 years Elder and rescue mission when their heli- all of the pages who have been so pa- Perry worked as a volunteer mis- copter was shot down. For over a year, tient as I have read these stories of sionary, he developed a powerful testi- Byron was considered missing in ac- these incredible men who gave their mony of Jesus Christ—a testimony tion. One of his passengers was taken lives for our country. that inspired a life of love and selfless as a prisoner of war and returned to the I think one of the reasons why we service. After serving his church, Elder United States in 1973. have periods of commemoration and Perry desired to serve his country. He why we do this is so that we remind In 1993, Byron’s remains were uncov- enlisted in the United States Marine not only those of us who lived during ered, and today he is buried in Arling- Corps only a month after returning this time but we remind a younger gen- ton National Cemetery. from his church mission. eration of that sacrifice and that op- Elder Perry’s marine battalion was DAVID ‘‘DAVIE’’ DEPRIEST portunity to serve our country and to deployed to Nagasaki shortly after the David ‘‘Davie’’ DePriest was from honor those people who gave the ulti- Japanese surrender. Observing the dev- Rugby and was born September 17, 1946. mate sacrifice. astation and suffering of the Japanese He served in the Army’s 20th Engineer Our Vietnam veterans had a lot of people only softened Elder Perry’s al- Brigade. David died on March 25, 1968. challenges when they returned home ready tender heart. In his off-duty He was 21 years old. right after Vietnam, and their chal- hours, he rallied a group of fellow ma- He was the youngest of six kids. He lenges continue—whether it is un- rines to help him rebuild a Protestant had four brothers and one sister. All treated post-traumatic stress or just chapel. On the same tour, he also five of the boys served our country in simply being part of a war that gen- helped repair a Catholic orphanage and the military. The three youngest erated so much controversy in our build another chapel on the island of boys—David, Lane, and Russ—served in country—but it can never diminish the Saipan. While in Japan, Elder Perry the Army in Vietnam, and Richard and sacrifice these men and their families grew especially close to a Protestant Dennis served in the Air Force. The made for our country. congregation. When he was transferred three youngest boys served in Vietnam Again, I thank the pages for their at- to another city, a group of nearly 200 at the same time. tention, and I hope these are voices and members of this congregation gathered While in high school, David joined names they will remember for a long to bid him farewell. As his train the National Guard and then later de- time along with me. I know it means a crawled out of the station, each mem- cided to join the Army. lot to their families. ber of the congregation lined up along David’s brother, Russ, says that I thank the Presiding Officer, and I the track as Elder Perry reached out to David was short but muscular and yield the floor. touch their hands one by one. He loved liked to hunt rabbits to improve the f these people, and they loved him back, accuracy of his shot. making the goodbye all the more dif- While in Vietnam, the brothers were REMEMBERING ELDER L. TOM ficult. Last Saturday, thousands of us less than 100 miles apart, but they PERRY tasted that same bittersweet emotion didn’t see each other until the day of Mr. HATCH. Mr. President, I rise to when Elder Perry departed this mortal David’s funeral. honor the memory of Elder L. Tom life for the next. Like this small Japa- In addition to his siblings and par- Perry, an exemplary leader whose nese congregation, we were all moved ents, David left behind his wife, Donna, kindness, compassion, and love were as by his kindness, energized by his en- and their young son, Travis. boundless as his optimism. Elder Perry thusiasm, and humbled by his service.

VerDate Sep 11 2014 04:37 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.070 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3771 After his honorable release from the OPENING OF THE TAIPEI ECO- the United States Navy and continued Marine Corps, Elder Perry returned to NOMIC AND CULTURAL OFFICE that commitment to his community Utah State University, where he IN DENVER, COLORADO when he left the military. Sonny was earned a degree in finance and married Mr. GARDNER. Mr. President, I wish known for his compassion and leader- his wife, Virginia Lee. Together, they to welcome a great new diplomatic de- ship throughout Johnson County. His were the parents of three children: Bar- velopment in my home State of Colo- generosity was always on display. His bara, Linda Gay, and Lee. Family was rado. Last week, Denver was proud to fellow officers say they will remember always the highest priority for Elder officially welcome the opening of the Sonny as a humble man who was al- Perry. Although his successful business Taipei Economic and Cultural Office, ways willing to serve his neighbors. As career demanded much of his atten- TECO, the de-facto consulate of Tai- a father of high school students, Sonny tion, he always made special sacrifices wan in the United States. The TECO attended all the pep rallies, football to spend time with his wife and chil- office in Denver will serve Colorado, as games and fundraisers. He was always dren. well as the States of Missouri, Kansas, helping Clarksville High School. His Nebraska, South Dakota, and North daughters Makayla and Callie describe Elder Perry was also committed to Dakota. their dad as a man always willing to balancing his busy work schedule with I thank Taiwan’s leadership for this help others in need. his church service. As his family moved wise decision, particularly Dr. Lyushun While he made a living working as a across the country—from Idaho and Shen, the Representative of the Taipei security guard at Arkansas Nuclear California, to New York and Boston— Economic and Cultural Representative One, Sonny was a reliable handyman Elder Perry served in various leader- Office in the United States, TECRO in that many in the community reached ship positions for the Church of Jesus Washington, DC, as well as Mr. Jack out to for help repairing their garage Christ of Latter-day Saints, including J.C. Yang, the Director General of the doors. two bishoprics, a high council, and two new TECO Office in Denver. My thoughts and prayers go out to stake presidencies. In April 1974, he ac- As Chairman of the Senate Foreign Sonny’s family, including his wife cepted a calling to serve in the Quorum Relations Committee’s Subcommittee Amy, his daughters, and sons Dakota of the Twelve Apostles. Sadly, after on Asia, the Pacific, and International and Charlie. serving as an apostle for only 8 Cybersecurity Cooperation, I am com- Deputy Sonny Smith was a true hero, months, Elder Perry’s beloved wife, mitted to ensuring that the U.S.-Tai- not only because of the uniform he Virginia Lee, died of cancer. Nine years wan partnership continues to grow and wore, but also because of his final ac- prosper. Our nations must continue to later, cancer would also take his tions. By taking the lead when he re- work together to ensure regional sta- daughter, Barbara. Although Elder sponded to a residential burglary call bility and to advance economic ties, in- and exercising his professional train- Perry’s life was marked by tragedy, it cluding through landmark initiatives ing, he saved the lives of his fellow offi- was not defined by it. His faith in God such as the Trans-Pacific Partnership, cers. was unshakeable, as was his optimism. TPP. I humbly offer my appreciation and In response to heartbreak, Elder Perry Our friendship has never been strong- gratitude for his selfless service to Ar- said, ‘‘[The Lord] is very kind. Even er. Taiwan is now the tenth largest kansas.∑ though some experiences are hard, he trading partner for the U.S., while the f floods your mind with memories and U.S. is Taiwan’s largest foreign inves- gives you other opportunities. Life tor. Our people-to-people relations are TRIBUTE TO FEDERAL doesn’t end just because you have a flourishing, with over 20,000 Taiwanese EMPLOYEES tragedy—there’s a new mountain to students studying in the U.S. each ∑ Mr. CARDIN. Mr. President, a few climb.’’ year. Over 75 U.S. cities have estab- weeks ago, I spoke on the floor about lished sister city relationships with Elder Perry never stopped climbing two of the outstanding Federal workers their Taiwanese counterparts, includ- those mountains, and he served val- at the National Institutes of Health ing Colorado Springs, CO, which has iantly as an Apostle of Jesus Christ. In and I indicated at the time that I been a sister city to Kaohsiung since would be speaking periodically about 1976, he married Barbara Dayton—his 1983. other Federal workers who are doing loving helpmeet and able partner who I know our nation’s bonds with Tai- extraordinary things on behalf of the helped him bear the heavy responsi- wan will only grow stronger, and I am American taxpayer. People wonder bility of his apostolic calling. I will al- proud that Denver will now be front where their tax dollars go; I would like ways remember Elder Perry for the and center in ensuring the continued to provide a few examples. zeal and energy he brought to every friendship between our nations and As I said at the time, ‘‘Government facet of his life. Nothing could temper peoples. I am confident that our Tai- workers guard our borders; protect us his enthusiasm, and nothing could wanese friends will not find more hos- from terrorists; treat our wounded vet- deter him from doing what was right. pitable and welcoming hosts for their erans; dispense Social Security checks Elder Perry never tired of his calling. diplomats and visitors than the people to our retirees; find cures for diseases; He so loved meeting with church mem- of the great State of Colorado. guide the Nation’s air traffic; explore bers and leaders throughout the world f the tiniest particles and the vast ex- that he once said, ‘‘My association ADDITIONAL STATEMENTS panse of outer space; ensure our air is with great men has been not only an safe to breathe, our water is safe to education, but an inspiration.’’ I can drink, and our food is safe to eat; sup- easily say the same of my own associa- REMEMBERING SONNY SMITH port our servicemen and women in tion with Elder Perry; it has been both ∑ Mr. BOOZMAN. Mr. President, I wish harm’s way; and promote our interests an education and an inspiration, and I to recognize the service and sacrifice of and ideals abroad. Who does the gov- will always be grateful for his example. Johnson County Auxiliary Sheriff Dep- ernment work for? Government Works uty Sonny Smith who gave his life for America.’’ I will never forget Elder Perry, his while in the line of duty on May 15, The Partnership for Public Service life of dedicated service, and his un- 2015. announced the finalists for the 2015 wavering optimism. I consider myself Deputy Smith led a life of service. Samuel J. Heyman Service to America lucky to have known him and even The last 11 years he dedicated to safety Medals, also known as the ‘‘Sammies,’’ luckier to call him a friend. I will miss and law enforcement as a detention of- last month during Public Service Rec- Elder Perry dearly, as will all those ficer. He continued to serve for the ognition Week. As the Partnership who knew him. I send my deepest con- past 6 years as an auxiliary deputy pro- notes, ‘‘Federal employees are respon- dolences to his wife, Barbara, and their tecting the people of Johnson County sible for many noteworthy and inspir- beautiful family. May God comfort on a volunteer basis. ing accomplishments that are seldom them in this time of grief, and may his Service was an important part of recognized or celebrated. The Samuel love be with them always. Sonny’s life. He served his country in J. Heyman Service to America Medals

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.039 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3772 CONGRESSIONAL RECORD — SENATE June 4, 2015 highlight excellence in our Federal important contributions that a new critical their various data sets are and workforce and inspire other talented generation brings to public service. We to pick the right level of protection. and dedicated individuals to go into are all familiar with electronics. Now, With the framework Dr. Ross devel- public service.’’ scientists like Dr. Campbell are explor- oped, agencies can go through an as- Also last month, on May 5, the Wash- ing a new frontier—a circuitry system sessment process and decide where to ington Post, citing an Office of Per- that uses the flow of atoms rather than concentrate resources and tighten se- sonnel Management—OPM—exit sur- electrons that may lead to a wide curity. vey of senior government managers range of future technological advances. The impact of Dr. Ross’s work in- who have retired or moved to other, Dr. Campbell, who is just 35, is a pio- cludes reducing the cost of imple- nonfederal jobs, reported that the sin- neer and intellectual leader in this new menting cybersecurity controls and gle biggest factor for leaving is the and theoretical field of physics known demonstrating compliance with mul- ‘‘political environment’’, which was as atomtronics, and has conducted a tiple security requirements, and en- blamed as a contributing factor ‘‘to a series of seminal experiments that hancing system interoperability among great extent’’ or ‘‘to a very great ex- show its promise and possibilities. Federal agencies. Dr. Ross and his tent’’ by 42 percent of the individuals Using light to control matter, Dr. team have worked with the General surveyed. The article, by Post col- Campbell created the first controllable Services Administration, the Depart- umnist Joe Davidson, quoted Brian M. atomtronic circuit in 2011 by moving ment of Defense, and the Department Kent, a retired senior-level Federal sci- ultra-cold atoms through a wire made of Homeland Security to test and vali- entist, who said, ‘‘Expect to be over- of light—just as electrons flow through date the risk framework unveiled ear- worked, undercompensated and mis- a metal wire. She added a permeable lier this year that will be used by cloud treated by both parties on the Hill, barrier to this circuit, also made of computing service providers, allowing who do not appreciate the value of our light, to serve as the control element, them to host some of the Federal Gov- expertise, our dedication and our tal- much as a transistor can control the ernment’s most sensitive information. ents.’’ current in an electronic circuit. And as the principal architect of a new Congress and the American people Just as electronic devices manipulate national testing program and infra- need to realize that the Federal work- the flow of electrons, atomtronic de- structure, Dr. Ross also has been col- force is a crucial asset. There are some vices manipulate the flow of atoms, laborating with the National Security people who dislike government so which are made up of electrons, pro- Agency to develop the first-ever net- much that they want to demonize and tons, and neutrons. Since atoms have work of commercial testing labora- demoralize the workforce and deter properties that are very different from tories capable of evaluating the secu- young people from considering a career electrons—they do not have charged rity of information technology—IT— in public service. That is counter- particles, for instance—atomtronic de- products. productive. Find and remove the bad vices have the potential to go beyond ROBERT BUNGE, MICHAEL GERBER, MARK PAESE, apples—yes, but acknowledge that they the capabilities of electronics. AND GREGORY ZWICKER are few and far between. Overwhelm- Atomtronics will not supplant elec- ingly, Federal workers are hard-work- tronics, but may offer new kinds of The National Oceanic & Atmospheric ing and patriotic Americans. Rather functions and applications. An Administration—NOAA—is headquart- than denigrate them, we should treat atomtronic circuit, for example, could ered in Silver Spring, MD. NOAA’s mis- them with respect in acknowledging be useful in applications such as rota- sion is ‘‘Science, Service, and Steward- their service to our Nation. tion sensors, improving the functioning ship’’. The agency attempts ‘‘to under- One way to acknowledge that service of gyroscopes used to stabilize space- stand and predict changes in climate, is through the Sammies. I am proud craft and airplanes. Atomtronic cir- weather, oceans, and coasts; to dis- that so many of the finalists this year cuitry may be able to perform quantum seminate that knowledge and informa- work and/or live in Maryland, spread computations that could offer a signifi- tion; and to conserve and manage across several agencies and several of cant leap forward in computing speed, coastal and marine ecosystems and re- the award categories. I would like to performance, and capability and lead sources’’. NOAA’s research, services, mention a few today. to the next generation of technology and products—ranging from daily weather forecasts, severe storm warn- DR. GRETCHEN K. CAMPBELL AND DR. RONALD that will enable smaller and cheaper ROSS devices. ings and climate monitoring to fish- The mission of the National Institute Dr. Ronald Ross, a Fellow at NIST, is eries management, coastal restoration of Standards & Technology, NIST, a finalist for the 2015 Homeland Secu- and supporting marine commerce—af- which is headquartered in Gaithers- rity & Law Enforcement Medal. This fect more than one-third of America’s burg, MD, is to ‘‘promote U.S. innova- medal recognizes a Federal employee GDP. tion and industrial competitiveness by for a significant contribution to the Robert Bunge, Michael Gerber, Mark advancing measurement science, stand- Nation in activities related to home- Paese, and Gregory Zwicker of the Na- ards, and technology in ways that en- land security and law enforcement. Mr. tional Weather Service’s Wireless hance economic security and improve ROSS, called the ‘‘rock star of cyberse- Emergency Alerts Team at NOAA are our quality of life’’. NIST’s weights and curity’’ by his colleagues, developed also finalists for the 2015 Homeland Se- measures services, a job assigned to the and implemented a state-of-the-art curity & Law Enforcement Medal. Federal Government in the Constitu- system to assess risks and protect Fed- They have developed a fast and geo- tion, provide the basis for the fairness eral computer networks from graphically targeted cell phone alert and efficiency of sales. These services cyberattacks, helping secure informa- system, launched in 2012, for weather underpin the efficiency of about one- tion critical to the Nation’s national emergencies such as tornadoes, flash half of the U.S. economy, or about $7 and economic security. Most recently, floods, and hurricanes that reaches trillion of the U.S. gross domestic Dr. Ross helped to establish the gov- millions of people, saving lives and pre- product—GDP. Eighty percent of glob- ernment-wide program for cloud secu- venting injuries. So far, the system has al merchandise trade is influenced by rity assessment and authorization. transmitted more than 13,000 warnings testing and other measurement-related The Federal Government used to rely for the most dangerous types of severe requirements of regulations and stand- on a rigid checklist approach to secur- weather to the cell phones of millions ards. U.S. companies increasingly de- ing computer networks, often ignoring of people potentially in harm’s way pend on NIST to help ensure access to changing threats and evolving tech- across the United States. global markets that create new busi- nology, and not always distinguishing While other weather alert systems ness and jobs. what information needed higher secu- have been in use for years, this new Gretchen K. Campbell is a physicist rity and what data was of lesser impor- method of using mobile devices and at NIST and is a finalist in the 2015 tance. Dr. Ross, belying the image of a targeting very precise geographic areas ‘‘Call To Service’’ Medal. This medal hidebound bureaucrat, designed the is a significant improvement. It took recognizes a Federal employee whose Risk Management Framework as a way many years of coordination with the professional achievements reflect the for government agencies to decide how Federal Communications Commission,

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.078 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3773 DHS, the Federal Emergency Manage- agricultural products; assess the nutri- affecting poultry and livestock. She ment Agency, and the major wireless tional needs of Americans; sustain a also has done original research on a telecommunications providers. competitive agricultural economy; en- bacterium that is one of the most com- Previously, weather emergency hance the natural resource base and mon causes of food-borne illness in the alerts from one of the 122 weather serv- the environment; and provide economic U.S. Her scientific breakthroughs are ice offices around the country were opportunities for rural citizens, com- documented in 10 U.S. and inter- emailed to the Washington, D.C. office munities, and society as a whole. national patents, more than 350 peer- and then forwarded to FEMA, which Dr. Hyun Lillehoj, a senior research reviewed scientific papers, 14 book sent the alert to affected counties molecular biologist at ARS in Belts- chapters, and 230 worldwide collabora- using television and radio broadcast ville, is a finalist for the 2015 Career tions with academia, foreign govern- technology. Cellular companies could Achievement Medal. This medal recog- ments and private industry. She has independently text the warning infor- nizes a Federal employee for signifi- mentored more than 120 young sci- mation to their cell phone customers cant accomplishments throughout a entists. in the affected county, but the system lifetime of achievement in public serv- Dr. Lillehoj embodies the American was slow and too broadly targeted. The ice. Dr. Lillehoj has pioneered indus- Dream. She is from South Korea. She new weather alert system structures try-leading research to improve the came to the United States in 1969 after the information into concise mes- health of commercial poultry without her father died, when she was just out sages—90 or fewer characters—and uses the use of antibiotics, protecting con- of high school, and with just $200 in her geo-targeted data to broadcast the sumers and making the U.S. poultry pocket. At first, she wanted to be a messages rapidly over cell phones only industry more competitive by saving it cancer researcher, but her focus soon in the affected areas. billions of dollars. turned to immunology and she received The team worked with six of the There is growing concern over the a government scholarship. After she re- largest cell phone companies to build widespread use of antibiotics in poultry ceived her Ph.D., she went to work at the sophisticated technology needed to and other food industries, which health the National Institutes of Health. make the system work. They developed experts say contributes to the develop- USDA successfully recruited her in the infrastructure and protocol for the ment of drug-resistant bacteria. These 1984, and she has been at ARS ever alerts, facilitated the decision-making so-called ‘‘superbugs’’ infect hundreds since. The government’s investment in for the weather alerts to be trans- of thousands and kill tens of thousands her has paid enormous dividends. mitted, and conducted extensive public of Americans each year, according to These are just a few of the Nation’s awareness and educational programs. the Centers for Disease Control and talented, creative, dedicated, and hard- Mr. Bunge led the technical team, Prevention. working Federal employees. I ask my overseeing the software development, During three decades as a molecular colleagues and all Americans to join the data specialists, the coding, the biologist at ARS, Dr. Lillehoj has me in congratulating them on their host servers and other information helped mitigate the use of antibiotics successes and thanking them for their technology needs, and helped create a in poultry, finding that certain food public service. We are a strong and system that targets the cell phone supplements, probiotics, and nutrients prosperous Nation, in part, because of alerts to specific geographic locations. can replace antibiotics as an effective our Federal workforce. We cannot take Mr. Gerber is a meteorologist and a means of enhancing the immune sys- it for granted.∑ specialist in how the weather service tem and fighting common parasitic dis- f information is disseminated, and he eases and bacterial infections. The REMEMBERING BILL GALLAGHER played a critical role in making sure USDA estimates that the poultry dis- ∑ the right kind of weather alerts would eases Dr. Lillehoj is working to combat Mr. DAINES. Mr. President, William ‘‘Bill’’ Gallagher Jr., was an incredible be available and properly transmitted. cause more than $600 million in losses father, teacher, farmer, husband, and He also is credited with convincing the in the United States and $3.2 billion public servant who was called home on wireless carriers to participate and worldwide. make the needed investments. Mr. Dr. Lillehoj has developed novel diag- May 22 at the age of 55. I am also honored to have also called him a friend. Paese handled many of the complicated nostic and therapeutic products and Bill earned his bachelor’s degree management issues while Mr. Zwicker discovered DNA markers for the ge- from Western Montana College, which netic selection of disease-resistant was involved in training some 2,000 led him to Plains, MT as the high chickens, paving the way for breeding weather forecasters in more than 122 school’s new history teacher. He later healthier chickens that will benefit offices around the country to use the moved to Polson, where he worked in both consumers and the Nation’s $45 system in coordination with Federal the insurance business. His career then emergency management officials. billion poultry industry. She has done led him to Helena, where he learned Here’s an example of how effective this by creating one of the first gene li- how to farm before going on to earn his the new system is: on July 1, 2013, a braries from commercial chickens and law degree from the University of Mon- tornado obliterated a dome in East depositing more than 55,000 individual tana Law School. Windsor, CT, where 29 children had gene sequences from this database into Bill was an accomplished attorney in been playing soccer. Seconds before the the public domain, providing other re- Helena, but his heart for our State tornado struck, a cell phone alert searchers with information that could eventually led him to public service. prompted the camp manager to rush lead to breeding poultry with superior As the former chairman of the Mon- the children out of the dome and into resistance to parasites. She also has tana Public Service Commission, Bill an adjacent building, preventing inju- identified natural antimicrobial mol- worked tirelessly for the people of ries and quite possibly fatalities. ecules that have anti-cancer properties Montana. Because of his efforts, he DR. HYUN LILLEHOJ and kill infectious parasites; discov- helped Montana reacquire hydro- The Agricultural Research Service— ered a second-generation parasite vac- electric dams to bring good-paying jobs ARS—is the U.S. Department of Agri- cine with an improved protection pro- back to our State. culture’s USDA chief scientific in- file over current vaccines; developed He has left an incredible mark on our house research agency, with head- therapeutic antibodies that boost im- State and will be truly missed by all quarters colocated here in Washington, munity for poultry; formulated health- who knew him. His wife Jennifer, and DC and in Beltsville, MD. The agency’s promoting probiotics for veterinary children David and Catrina, as well as job is ‘‘to find solutions to agricultural use; and discovered organic, plant-de- his five grandchildren, are in my problems that affect Americans every rived herbal extracts and essential oils thoughts and prayers.∑ day from field to table’’. ARS conducts that fight infectious diseases affecting f research to develop and transfer solu- animals and humans. She is recognized tions to agricultural problems of high as a world leader in understanding CONGRATULATING LIEUTENANT national priority and provide informa- host-pathogen interactions of an avian COLONEL KEVIN KNUF tion access and dissemination to: en- parasite closely related to human ma- ∑ Mr. HELLER. Mr. President, today, I sure high-quality, safe food, and other laria that is a major cause of disease wish to congratulate Lt. Col. Kevin

VerDate Sep 11 2014 04:38 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.078 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3774 CONGRESSIONAL RECORD — SENATE June 4, 2015 Knuf on his retirement after nearly 32 a great gift to Nevada’s heroes. The Church in Detroit, MI as the congrega- years of service to the Nevada Air Na- $37,000 will send more than 30 veterans tion and the broader community cele- tional Guard. It gives me great pleas- to visit our Nation’s capital, giving brate his 30th pastoral anniversary. ure to recognize his years of dedication them an opportunity to visit their me- Born and raised in the State of Mis- to protecting the United States of morials. sissippi, Reverend Chapman is a grad- America and Nevada. I would also like to recognize both uate of Jackson State University and Lt. Col. Knuf enlisted on July 11, Mayor Gino Martini and the City of has received honorary doctoral degrees 1983, and was commissioned from the Sparks for accommodating the Third from Natchez College and Dallas Bap- Academy of Military Science in Knox- Annual Honor Flight Pancake Break- tist College. Reverend Chapman has ville, TN. He most recently earned a fast, a great event that helps make served as pastor in churches across the degree from the School of Aerospace Honor Flight Nevada possible. The an- South. On March 31, 1985, Reverend Medicine as a bioenvironmental engi- nual pancake breakfast provides Ne- Chapman was called to the pastorate of neer. He has been a great asset to the vadans with an opportunity to support Galilee Missionary Baptist Church Nevada Air National Guard throughout their local veterans and help Honor where he has been devoted to serving his years, serving as deputy base civil Flight Nevada succeed. The generous for the past 30 years. Through his char- engineer, base civil engineer, civil en- donation of Mayor Martini and his ismatic and dynamic leadership he has gineering squadron commander, and wife, Ruth Martini, as well as their left a permanent mark on the con- most recently as the officer in charge commitment to helping Honor Flight gregation and Greater Detroit commu- of the Bioenvironmental Engineering Nevada, are shining examples of the nity. Flight and as the base environmental strength of our Nevada community. The congregation has steadily grown manager in the 152nd Medical Group of The breakfast could also not take place under Pastor Chapman’s leadership. the Nevada Air National Guard. without the hard work of Teri Bath, His original vision of a church with Throughout his service, Lieutenant who coordinates the entire event. I classrooms, a daycare, and a senior cit- Colonel Knuf deployed to Bagram Air- have had the privilege of attending this izen building came to fruition in 1997. field in Afghanistan in support of Oper- pancake breakfast, and I can say first The purchase of the property located ation Enduring Freedom and to Saudi hand her work with this organization is on East Outer Drive included 7 acres of Arabia in support of Operation South- invaluable. land and a building that provided seat- ern Watch. His selfless contribution to Honor Flight Nevada is a nonprofit ing capacity for 1,000, with facilities to this country is invaluable. organization committed to honoring accommodate all of the church’s min- Lieutenant Colonel Knuf’s service to the brave men and women who so val- istries. The new edifice was inaugu- the United States of America earns iantly defended our freedom. The orga- rated on Sunday May 31, 1998. Seven him a place among the heroes who have nization sets up trips from Nevada to years later the church acquired adja- so valiantly defended our Nation. I Washington, DC, providing our Na- cent property and a new building with offer my greatest appreciation to Lieu- tion’s veterans with an incredible op- a new edifice. tenant Colonel Knuf for his courageous portunity to visit the memorials hon- Reverend Chapman has been called contributions to defending our free- oring their service. From the National many times to serve in a leadership ca- dom. Words could never fully express World War II Memorial, to the Korean pacity among his ministerial peers and my deep appreciation for his sacrifice War Veterans Memorial, to the Viet- with Christian associations. He was an or for the sacrifices of all veterans and nam Veterans Memorial, all the way to advisor on the Faith-Based Advisory active military members across the Arlington Cemetery, every veteran has Board of Governor Jennifer Granholm, country. the chance to see the memorials that and currently works as a president of As a member of the Senate Veterans’ stand as a testimony to the great sac- the Baptist Missionary and Edu- Affairs Committee, I recognize that rifice they have made. cational State Convention of Michigan. Congress has a responsibility not only The organization is led by Jon Yuspa, He has served as vice moderator and to honor these brave individuals who an individual who has truly impacted vice president of the Michigan District serve our Nation, but also to ensure the lives of heroes across the State. Baptist Association and Congress of they are cared for when they return Honor Flight Nevada offered its first Michigan. Respected for his knowledge, home. I remain committed to uphold- trip to 30 World War II veterans in 2012 he is well versed in parliamentary pro- ing this promise for our veterans and and now does as many as four trips per cedure and served as parliamentarian servicemembers in Nevada and year. I have personally been at the for the Baptist Missionary and Edu- throughout the Nation. Lieutenant Reno-Tahoe International Airport to cational Convention of the State of Colonel Knuf’s sacrifice warrants only send off the veterans as they prepare to Michigan. the greatest respect and care in return. depart from Nevada and have also met Reverend Chapman has been involved Lieutenant Colonel Knuf has dem- them in our Nation’s capital as they in Detroit’s recent growth and the de- onstrated professionalism, commit- observed the World War II Memorial. I velopment of mass transit through his ment to excellence, and dedication to can attest to the positive impact that work as a board member on the city of the highest standards of the Nevada accompanies their journey. This truly Detroit Department of Transportation Air National Guard. I am proud to call is a life-changing experience for those Commission for several years. Rev- him a fellow Nevadan, and today, I ask who deserve only the greatest grati- erend Chapman’s community service is my colleagues to join me in recog- tude for their service. not without energetic and influential nizing Lt. Col. Kevin Knuf for his years Honor Flight Nevada’s mission is involvement. He is the founder and of service. I wish him well in all of his noble, and I thank everyone who con- president of the Chapel Vision Commu- future endeavors.∑ tributed for their commitment and nity Development Corporation, serving f compassion to Nevada’s veterans. greater southeast Detroit. He is also Today, I ask my colleagues and all Ne- Founder and President of the Mid-West RECOGNIZING JUNE AND ROBERT vadans to join me in recognizing the Community Development Corporation, SEBO many Nevadans who make these trips serving greater southeastern Michigan. ∑ Mr. HELLER. Mr. President, today I possible, especially Mr. and Mrs. Sebo Reverend Chapman’s efforts, both at wish to recognize June and Robert for their donation. I wish Honor Flight the pulpit and beyond, have been Sebo for their generous contribution to Nevada the best of luck in all of its fu- strengthened by the love and support Honor Flight Nevada, honoring their ture endeavors.∑ of his wife Eunice, and their four chil- best friend, Ray Parks. Mr. Parks was f dren, Cecil, Brandie, Candace, and a World War II veteran who served in Brannon. the U.S. Coast Guard for well over 30 TRIBUTE TO TELLIS JEROME It is an honor to recognize the pro- years. Mr. and Mrs. Sebos’ contribution CHAPMAN found impact that Rev. Dr. Tellis Je- to this amazing organization is not ∑ Mr. PETERS. Mr. President, I wish rome Chapman has made on the con- only a grand gesture in memory of Mr. to recognize Rev. Dr. Tellis Jerome gregation of Galilee Missionary Baptist Park’s service to our country, but also Chapman of Galilee Missionary Baptist Church for the last 30 years and the

VerDate Sep 11 2014 04:38 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.064 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3775 larger impact he has made on the is the film’s location that thousands of REPORTS OF COMMITTEES Greater Detroit community. I wish fans from around the world are gath- The following reports of committees Reverend Chapman, his family, and the ering this week for a four-day festival were submitted: congregants of Galilee many more rein Astoria, Oregon—or, ‘‘The Goon ∑ By Mr. BARRASSO, from the Committee warding years of spiritual fellowship. Docks’’—to celebrate the magic that is on Indian Affairs, with amendments: f ‘‘The Goonies.’’ In fact, Astoria has S. 710. A bill to reauthorize the Native held a Goonies-based festival every RECOGNIZING PAINTING WITH A American Housing Assistance and Self-De- year since the film’s release in 1985. termination Act of 1996, and for other pur- TWIST ‘‘The Goonies’’ 30th anniversary cele- poses. ∑ Mr. VITTER. Mr. President. Lou- bration will include a variety of events f isiana has a rich culture and history around Astoria, as well as Cannon known for fostering artistic and musi- EXECUTIVE REPORTS OF Beach, OR—another Oregon coastal COMMITTEES cal creativity. After the devastation of town that served as an idyllic backdrop Hurricane Katrina, two Louisiana en- for the film. Most notably, Cannon The following executive reports of trepreneurs opened a small business to Beach’s impressive Haystack Rock is nominations were submitted: provide their friends and neighbors featured prominently in the film’s By Mr. ROBERTS for the Committee on with a safe and fun distraction during opening scene. Fans will be able to re- Agriculture, Nutrition, and Forestry. the recovery and rebuilding process. live their favorite Goonies memories *Jeffrey Michael Prieto, of California, to be General Counsel of the Department of Ag- This week’s ‘‘Throwback Thursday’’ by participating in festivities such as honorary Small Business of the Week riculture. tours of the filming locations, treasure By Mr. THUNE for the Committee on Com- is Painting with a Twist of Mandeville, hunts, and a group ‘‘truffle shuffle.’’ merce, Science, and Transportation. LA. Astoria’s Oregon Film Museum also in- Peter V. Neffenger, of Ohio, to be an As- In 2007, longtime friends Cathy Deano vites festival attendees to visit its sistant Secretary of Homeland Security. and Renee Maloney became business Goonies gallery, take a mug shot with By Mr. GRASSLEY for the Committee on partners after seeing a need in the friends, and even make their own fea- the Judiciary. greater New Orleans area for a distrac- ture film. Needless to say, it is sure to Ann Donnelly, of New York, to be United States District Judge for the Eastern Dis- tion and relief after Hurricane Katrina. be a weekend of fun, nostalgia, and, in The pair opened a small painting stu- trict of New York. typical Goonie fashion, adventure. Dale A. Drozd, of California, to be United dio, Painting with a Twist, formerly Just as the original Goonies fans and States District Judge for the Eastern Dis- known as Corks N Canvas, where folks stars have grown and matured since trict of California. could learn to paint and enjoy a glass the film’s release in 1985, so has Or- LaShann Moutique DeArcy Hall, of New of wine at the same time. Today, egon’s film industry. With its magnifi- York, to be United States District Judge for Painting with a Twist has expanded to cent and diverse natural beauty, Or- the Eastern District of New York. over 210 franchise locations across the egon has become a much sought after Lawrence Joseph Vilardo, of New York, to be United States District Judge for the West- country, with Deano and Maloney relocation for film production. As the taining ownership of four locations ern District of New York. backdrop for major television shows Eileen Maura Decker, of California, to be while also maintaining the franchise and box-office hits alike, film produc- United States Attorney for the Central Dis- headquarters in Mandeville. Painting tion in Oregon brings with it good-pay- trict of California for the term of four years. with a Twist owns copyrights to over ing jobs and tourism that in turn sup- John W. Huber, of Utah, to be United 3,500 pieces of art and is also the coun- port local businesses and economic de- States Attorney for the District of Utah for try’s largest employer of aspiring art- velopment across the State. Certainly the term of four years. ists. all film producers in Oregon and across Eric Steven Miller, of Vermont, to be When they first started their small United States Attorney for the District of the country should aspire to achieve Vermont for the term of four years. business, Deano and Maloney set aside the remarkable success of ‘‘The one day’s salary each week per month Goonies’’.∑ *Nomination was reported with rec- to donate to local charities, in order to ommendation that it be confirmed sub- support the recovery and restoration f ject to the nominee’s commitment to efforts in southeast Louisiana. Today, MESSAGES FROM THE PRESIDENT respond to requests to appear and tes- that tradition continues with their tify before any duly constituted com- Messages from the President of the campaign ‘‘Painting with a Purpose.’’ mittee of the Senate. United States were communicated to Held monthly at all Painting with a (Nominations without an asterisk the Senate by Mr. Pate, one of his sec- Twist locations, this event raises funds were reported with the recommenda- retaries. for charities and nonprofits in each tion that they be confirmed.) franchise’s area. f f Congratulations again to Painting EXECUTIVE MESSAGES REFERRED INTRODUCTION OF BILLS AND with a Twist for being selected as this JOINT RESOLUTIONS week’s ‘‘Throwback Thursday’’ hon- As in executive session the Presiding orary Small Business of the Week. Officer laid before the Senate messages The following bills and joint resolu- Thank you for your commitment to ad- from the President of the United tions were introduced, read the first vancing the arts in Louisiana and for States submitting sundry nominations and second times by unanimous con- your continued dedication to giving which were referred to the appropriate sent, and referred as indicated: back to your community.∑ committees. By Mr. JOHNSON (for himself, Mr. CORNYN, and Ms. BALDWIN): f (The messages received today are printed at the end of the Senate pro- S. 1502. A bill to authorize the award of the CELEBRATING THE 30TH ceedings.) Medal of Honor to James Megellas, formerly ANNIVERSARY OF ‘‘THE GOONIES’’ of Fond du Lac, Wisconsin, and currently of f ∑ Colleyville, Texas, for acts of valor on Janu- Mr. WYDEN. Mr. President, this Sun- ary 28, 1945, during the Battle of the Bulge in day marks the 30th anniversary of the MEASURES REFERRED World War II; to the Committee on Armed release of the beloved film, ‘‘The The following measure, having been Services. Goonies.’’ With enduring and relatable reported from the Committee on Indian By Mr. BLUMENTHAL (for himself, themes of adventure, adolescence, and Affairs, was referred to the Committee Ms. AYOTTE, Mrs. GILLIBRAND, Mr. friendship, ‘‘The Goonies’’ has with- on Banking, Housing, and Urban Af- REED, Ms. KLOBUCHAR, Mr. COONS, Mr. WHITEHOUSE, Mr. CASEY, and Mr. stood the test of time and firmly estab- fairs, pursuant to the order of May 27, lished its place in American culture as SCHUMER): 1988, for a period not to exceed 60 days: S. 1503. A bill to provide for enhanced Fed- a cult classic. A large part of what S. 710. A bill to reauthorize the Native eral efforts concerning the prevention, edu- makes this film unique and impactful American Housing Assistance and Self-De- cation, treatment, and research activities re- is its iconic setting along the stunning termination Act of 1996, and for other pur- lated to Lyme disease and other tick-borne Oregon coastline. Indeed, so significant poses. diseases, including the establishment of a

VerDate Sep 11 2014 04:38 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.069 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3776 CONGRESSIONAL RECORD — SENATE June 4, 2015 Tick-Borne Diseases Advisory Committee; to S. 1516. A bill to amend the Internal Rev- sor of S. 203, a bill to restore Ameri- the Committee on Health, Education, Labor, enue Code of 1986 to modify the energy credit cans’ individual liberty by striking the and Pensions. to provide greater incentives for industrial Federal mandate to purchase insur- By Mr. MURPHY (for himself and Mr. energy efficiency; to the Committee on Fi- ance. FRANKEN): nance. S. 1504. A bill to prohibit employers from By Mr. BLUMENTHAL (for himself, S. 299 requiring low-wage employees to enter into Mr. BENNET, Mr. CARDIN, Mrs. SHA- LAKE covenants not to compete, to require em- HEEN, and Mr. UDALL): At the request of Mr. F , the ployers to notify potential employees of any S. 1517. A bill to amend the Internal Rev- name of the Senator from Virginia (Mr. requirement to enter into a covenant not to enue Code of 1986 to extend the work oppor- WARNER) was added as a cosponsor of S. compete, and for other purposes; to the Com- tunity credit for hiring veterans, and for 299, a bill to allow travel between the mittee on Health, Education, Labor, and other purposes; to the Committee on Fi- United States and Cuba. Pensions. nance. By Mr. SCHATZ: By Mr. LEE (for himself, Mrs. FISCHER, S. 311 S. 1505. A bill to amend part D of title V of Mr. KING, and Ms. COLLINS): At the request of Mr. CASEY, the the Elementary and Secondary Education S. 1518. A bill to make exclusive the au- Act of 1965 to provide grants for the repair, thority of the Federal Government to regu- names of the Senator from Colorado renovation, and construction of elementary late the labeling of products made in the (Mr. BENNET) and the Senator from and secondary schools; to the Committee on United States and introduced in interstate New Mexico (Mr. UDALL) were added as Health, Education, Labor, and Pensions. or foreign commerce, and for other purposes; cosponsors of S. 311, a bill to amend the By Mr. SANDERS (for himself and Ms. to the Committee on Commerce, Science, Elementary and Secondary Education STABENOW): S. 1506. A bill to provide for youth jobs, and and Transportation. Act of 1965 to address and take action for other purposes; to the Committee on By Mr. GARDNER (for himself and Mr. to prevent bullying and harassment of Health, Education, Labor, and Pensions. ALEXANDER): students. S. 1519. A bill to amend the Labor Rela- By Ms. MIKULSKI (for herself and Mr. tions Management Act, 1947 to address slow- S. 352 KIRK): S. 1507. A bill to amend section 217 of the downs, strikes, and lock-outs occurring at ports in the United States, and for other pur- At the request of Ms. AYOTTE, the Immigration and Nationality Act to modify name of the Senator from Colorado the visa waiver program, and for other purposes; to the Committee on Commerce, poses; to the Committee on the Judiciary. Science, and Transportation. (Mr. GARDNER) was added as a cospon- By Mrs. SHAHEEN: By Ms. KLOBUCHAR (for herself and sor of S. 352, a bill to amend section S. 1508. A bill to require the Secretary of Ms. HIRONO): 5000A of the Internal Revenue Code of the Treasury to redesign $20 Federal reserve S. 1520. A bill to protect victims of stalk- 1986 to provide an additional religious notes so as to include a likeness of Harriet ing from violence; to the Committee on the exemption from the individual health Judiciary. Tubman, and for other purposes; to the Com- coverage mandate, and for other pur- mittee on Banking, Housing, and Urban Af- By Mr. SCOTT: fairs. S. 1521. A bill to amend the Internal Rev- poses. By Mr. CARPER (for himself, Ms. MUR- enue Code of 1986 to increase access for the S. 626 KOWSKI, Mr. CASSIDY, Mr. HEINRICH, uninsured to high quality physician care; to Mr. COONS, and Mr. GRASSLEY): the Committee on Finance. At the request of Mr. GRASSLEY, the S. 1509. A bill to amend title XVIII of the f names of the Senator from New Mexico Social Security Act to provide for the co- (Mr. UDALL) and the Senator from Ohio SUBMISSION OF CONCURRENT AND ordination of programs to prevent and treat (Mr. BROWN) were added as cosponsors obesity, and for other purposes; to the Com- SENATE RESOLUTIONS of S. 626, a bill to amend title XIX of mittee on Finance. The following concurrent resolutions By Mrs. MURRAY: the Social Security Act to cover physi- S. 1510. A bill to designate and expand wil- and Senate resolutions were read, and cian services delivered by podiatric derness areas in Olympic National Forest in referred (or acted upon), as indicated: physicians to ensure access by Med- the State of Washington, and to designate By Mr. ENZI: icaid beneficiaries to appropriate qual- certain rivers in Olympic National Forest S. Res. 192. A resolution requiring that leg- ity foot and ankle care, to amend title and Olympic National Park as wild and sce- islation considered by the Senate be confined XVIII of such Act to modify the re- nic rivers, and for other purposes; to the to a single issue; to the Committee on Rules quirements for diabetic shoes to be in- Committee on Energy and Natural Re- and Administration. sources. By Mr. BLUMENTHAL (for himself, cluded under Medicare, and for other By Mr. VITTER (for himself and Mr. Mrs. BOXER, Mrs. MURRAY, Mr. purposes. CASSIDY): BROWN, Ms. HIRONO, Mr. MENENDEZ, S. 1511. A bill to promote the recycling of S. 637 Ms. WARREN, Mrs. GILLIBRAND, Mr. vessels in the United States and for other BOOKER, Mrs. FEINSTEIN, Mr. SCHATZ, At the request of Mr. CRAPO, the purposes; to the Committee on Commerce, Mr. COONS, Mr. KING, Ms. KLOBUCHAR, names of the Senator from South Da- Science, and Transportation. Mr. FRANKEN, Mr. WARNER, Mr. kota (Mr. ROUNDS) and the Senator By Mr. CASEY (for himself, Mrs. SHA- WHITEHOUSE, Mr. SCHUMER, Mr. ANTWELL HEEN, Ms. AYOTTE, and Mr. HELLER): from Washington (Ms. C ) were S. 1512. A bill to eliminate discrimination KAINE, Mr. SANDERS, Mr. DURBIN, Mr. added as cosponsors of S. 637, a bill to and promote women’s health and economic MARKEY, Mr. MERKLEY, and Ms. amend the Internal Revenue Code of security by ensuring reasonable workplace BALDWIN): S. Res. 193. A resolution celebrating the 1986 to extend and modify the railroad accommodations for workers whose ability track maintenance credit. to perform the functions of a job are limited 50th anniversary of the historic Griswold v. by pregnancy, childbirth, or a related med- Connecticut decision of the Supreme Court S. 682 ical condition; to the Committee on Health, of the United States and expressing the sense At the request of Mr. TOOMEY, the Education, Labor, and Pensions. of the Senate that the case was an important By Mr. PORTMAN (for himself, Mr. step forward in helping ensure that all peo- name of the Senator from North Da- LEAHY, and Mr. RUBIO): ple of the United States are able to use con- kota (Mr. HOEVEN) was added as a co- S. 1513. A bill to reauthorize the Second traceptives to plan pregnancies and have sponsor of S. 682, a bill to amend the Chance Act of 2007; to the Committee on the healthier babies; to the Committee on Truth in Lending Act to modify the Judiciary. Health, Education, Labor, and Pensions. definitions of a mortgage originator By Mr. PORTMAN (for himself and Mr. f and a high-cost mortgage. NELSON): S. 1514. A bill to amend title XVIII of the ADDITIONAL COSPONSORS S. 751 Social Security Act to provide for the appli- S. 202 cation of Medicare secondary payer rules to At the request of Mr. THUNE, the certain workers’ compensation settlement At the request of Mr. CORNYN, the name of the Senator from Tennessee agreements and qualified Medicare set-aside name of the Senator from Louisiana (Mr. ALEXANDER) was added as a co- provisions; to the Committee on Finance. (Mr. VITTER) was added as a cosponsor sponsor of S. 751, a bill to improve the By Mr. MARKEY: of S. 202, a bill to provide for a tech- establishment of any lower ground- S. 1515. A bill to amend the Internal Rev- nical change to the Medicare long-term level ozone standards, and for other enue Code of 1986 to permanently extend the care hospital moratorium exception. tax treatment for certain build America purposes. S. 203 bonds, and for other purposes; to the Com- S. 799 mittee on Finance. At the request of Mr. HATCH, the By Ms. COLLINS (for herself and Mr. name of the Senator from Colorado At the request of Mr. MCCONNELL, CASEY): (Mr. GARDNER) was added as a cospon- the name of the Senator from Arkansas

VerDate Sep 11 2014 04:24 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S04JN5.REC S04JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3777 (Mr. BOOZMAN) was added as a cospon- S. 1140, a bill to require the Secretary entation, gender identity, or marital sor of S. 799, a bill to combat the rise of the Army and the Administrator of status of any prospective adoptive or of prenatal opioid abuse and neonatal the Environmental Protection Agency foster parent, or the sexual orientation abstinence syndrome. to propose a regulation revising the or gender identity of the child in- S. 857 definition of the term ‘‘waters of the volved. At the request of Ms. STABENOW, the United States’’, and for other purposes. S. 1389 names of the Senator from Oregon (Mr. S. 1170 At the request of Mr. UDALL, the MERKLEY), the Senator from Michigan At the request of Mrs. FEINSTEIN, the name of the Senator from Virginia (Mr. (Mr. PETERS) and the Senator from name of the Senator from Ohio (Mr. WARNER) was added as a cosponsor of S. Maine (Mr. KING) were added as cospon- BROWN) was added as a cosponsor of S. 1389, a bill to authorize exportation of sors of S. 857, a bill to amend title 1170, a bill to amend title 39, United consumer communications devices to XVIII of the Social Security Act to States Code, to extend the authority of Cuba and the provision of tele- provide for coverage under the Medi- the United States Postal Service to communications services to Cuba, and care program of an initial comprehen- issue a semipostal to raise funds for for other purposes. sive care plan for Medicare bene- breast cancer research, and for other S. RES. 180 ficiaries newly diagnosed with Alz- purposes. At the request of Mr. GARDNER, the heimer’s disease and related demen- S. 1188 name of the Senator from Georgia (Mr. tias, and for other purposes. At the request of Mrs. ERNST, the PERDUE) was added as a cosponsor of S. S. 911 name of the Senator from Missouri Res. 180, a resolution urging additional At the request of Mr. CASEY, the (Mr. BLUNT) was added as a cosponsor sanctions against the Democratic Peo- name of the Senator from Massachu- of S. 1188, a bill to provide for a tem- ple’s Republic of Korea, and for other setts (Mr. MARKEY) was added as a co- porary, emergency authorization of de- purposes. sponsor of S. 911, a bill to direct the fense articles, defense services, and re- AMENDMENT NO. 1468 Administrator of the Federal Aviation lated training directly to the At the request of Mr. CARDIN, the Administration to issue an order with Kurdistan Regional Government, and names of the Senator from Maryland respect to secondary cockpit barriers, for other purposes. (Ms. MIKULSKI) and the Senator from Connecticut (Mr. BLUMENTHAL) were and for other purposes. S. 1218 added as cosponsors of amendment No. S. 982 At the request of Ms. MURKOWSKI, the 1468 intended to be proposed to H.R. At the request of Mr. BARRASSO, the name of the Senator from Wisconsin 1735, a bill to authorize appropriations name of the Senator from Texas (Mr. (Ms. BALDWIN) was added as a cospon- for fiscal year 2016 for military activi- CRUZ) was added as a cosponsor of S. sor of S. 1218, a bill to establish an ties of the Department of Defense and 982, a bill to prohibit the conditioning interagency coordination committee or for military construction, to prescribe of any permit, lease, or other use subcommittee with the leadership of military personnel strengths for such agreement on the transfer of any water the Department of Energy and the De- fiscal year, and for other purposes. right to the United States by the Sec- partment of the Interior, focused on retaries of the Interior and Agri- the nexus between energy and water AMENDMENT NO. 1485 culture, and to require the Secretaries production, use, and efficiency, and for At the request of Mr. HOEVEN, the of the Interior and Agriculture to de- other purposes. name of the Senator from Wyoming (Mr. ENZI) was added as a cosponsor of velop water planning instruments con- S. 1229 sistent with State law. amendment No. 1485 intended to be pro- At the request of Ms. MURKOWSKI, the posed to H.R. 1735, a bill to authorize S. 1110 name of the Senator from Tennessee appropriations for fiscal year 2016 for At the request of Mr. ENZI, the name (Mr. ALEXANDER) was added as a co- military activities of the Department of the Senator from Montana (Mr. sponsor of S. 1229, a bill to require the of Defense and for military construc- DAINES) was added as a cosponsor of S. Secretary of Energy to submit a plan tion, to prescribe military personnel 1110, a bill to direct the Secretary of to implement recommendations to im- strengths for such fiscal year, and for Agriculture to publish in the Federal prove interactions between the Depart- other purposes. Register a strategy to significantly in- ment of Energy and National Labora- AMENDMENT NO. 1494 crease the role of volunteers and part- tories. At the request of Mrs. SHAHEEN, the ners in National Forest System trail S. 1333 names of the Senator from Connecticut maintenance, and for other purposes. At the request of Mr. GARDNER, the (Mr. MURPHY), the Senator from Wash- S. 1117 name of the Senator from Tennessee ington (Mrs. MURRAY), the Senator At the request of Mr. JOHNSON, the (Mr. ALEXANDER) was added as a co- from Minnesota (Mr. FRANKEN) and the name of the Senator from New Hamp- sponsor of S. 1333, a bill to amend the Senator from California (Mrs. BOXER) shire (Ms. AYOTTE) was added as a co- Controlled Substances Act to exclude were added as cosponsors of amend- sponsor of S. 1117, a bill to amend title cannabidiol and cannabidiol-rich ment No. 1494 proposed to H.R. 1735, a 38, United States Code, to expand the plants from the definition of mari- bill to authorize appropriations for fis- authority of the Secretary of Veterans huana, and for other purposes. cal year 2016 for military activities of Affairs to remove senior executives of S. 1363 the Department of Defense and for the Department of Veterans Affairs for At the request of Mr. CRAPO, the military construction, to prescribe performance or misconduct to include name of the Senator from Idaho (Mr. military personnel strengths for such removal of certain other employees of RISCH) was added as a cosponsor of S. fiscal year, and for other purposes. the Department, and for other pur- 1363, a bill to require the Secretary of AMENDMENT NO. 1498 poses. Energy to submit to Congress a report At the request of Mr. PORTMAN, the S. 1127 assessing the capability of the Depart- name of the Senator from North Da- At the request of Mr. REED, the name ment of Energy to authorize, host, and kota (Mr. HOEVEN) was added as a co- of the Senator from New Mexico (Mr. oversee privately funded fusion and fis- sponsor of amendment No. 1498 in- UDALL) was added as a cosponsor of S. sion reactor prototypes and related tended to be proposed to H.R. 1735, a 1127, a bill to amend the Internal Rev- demonstration facilities at sites owned bill to authorize appropriations for fis- enue Code of 1986 to expand the denial by the Department of Energy. cal year 2016 for military activities of of deduction for certain excessive em- S. 1382 the Department of Defense and for ployee remuneration, and for other At the request of Mrs. GILLIBRAND, military construction, to prescribe purposes. the name of the Senator from Oregon military personnel strengths for such S. 1140 (Mr. MERKLEY) was added as a cospon- fiscal year, and for other purposes. At the request of Mr. BARRASSO, the sor of S. 1382, a bill to prohibit dis- AMENDMENT NO. 1522 name of the Senator from Texas (Mr. crimination in adoption or foster care At the request of Mr. PORTMAN, the CRUZ) was withdrawn as a cosponsor of placements based on the sexual ori- names of the Senator from Florida (Mr.

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.022 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3778 CONGRESSIONAL RECORD — SENATE June 4, 2015 RUBIO) and the Senator from South Da- cal year 2016 for military activities of military personnel strengths for such kota (Mr. ROUNDS) were added as co- the Department of Defense and for fiscal year, and for other purposes. sponsors of amendment No. 1522 pro- military construction, to prescribe AMENDMENT NO. 1582 posed to H.R. 1735, a bill to authorize military personnel strengths for such At the request of Mr. BARRASSO, the appropriations for fiscal year 2016 for fiscal year, and for other purposes. name of the Senator from Louisiana military activities of the Department AMENDMENT NO. 1550 (Mr. CASSIDY) was added as a cosponsor of Defense and for military construc- At the request of Mrs. SHAHEEN, the of amendment No. 1582 intended to be tion, to prescribe military personnel name of the Senator from Ohio (Mr. proposed to H.R. 1735, a bill to author- strengths for such fiscal year, and for BROWN) was added as a cosponsor of ize appropriations for fiscal year 2016 other purposes. amendment No. 1550 intended to be pro- for military activities of the Depart- AMENDMENT NO. 1524 posed to H.R. 1735, a bill to authorize ment of Defense and for military con- At the request of Mr. MARKEY, the appropriations for fiscal year 2016 for struction, to prescribe military per- name of the Senator from California military activities of the Department sonnel strengths for such fiscal year, (Mrs. FEINSTEIN) was added as a co- of Defense and for military construc- and for other purposes. sponsor of amendment No. 1524 in- tion, to prescribe military personnel AMENDMENT NO. 1601 tended to be proposed to H.R. 1735, a strengths for such fiscal year, and for At the request of Ms. STABENOW, the bill to authorize appropriations for fis- other purposes. names of the Senator from Maine (Ms. cal year 2016 for military activities of AMENDMENT NO. 1551 COLLINS), the Senator from Colorado the Department of Defense and for At the request of Mrs. SHAHEEN, the (Mr. BENNET), the Senator from Vir- military construction, to prescribe name of the Senator from Hawaii (Ms. ginia (Mr. WARNER), the Senator from military personnel strengths for such HIRONO) was added as a cosponsor of Delaware (Mr. CARPER) and the Senator fiscal year, and for other purposes. amendment No. 1551 proposed to H.R. from Michigan (Mr. PETERS) were AMENDMENT NO. 1525 1735, a bill to authorize appropriations added as cosponsors of amendment No. At the request of Mr. MARKEY, the for fiscal year 2016 for military activi- 1601 intended to be proposed to H.R. name of the Senator from Oregon (Mr. ties of the Department of Defense and 1735, a bill to authorize appropriations MERKLEY) was added as a cosponsor of for military construction, to prescribe for fiscal year 2016 for military activi- amendment No. 1525 intended to be pro- military personnel strengths for such ties of the Department of Defense and posed to H.R. 1735, a bill to authorize fiscal year, and for other purposes. for military construction, to prescribe military personnel strengths for such appropriations for fiscal year 2016 for AMENDMENT NO. 1557 fiscal year, and for other purposes. military activities of the Department At the request of Mr. DURBIN, the of Defense and for military construc- name of the Senator from Illinois (Mr. AMENDMENT NO. 1602 At the request of Ms. STABENOW, the tion, to prescribe military personnel KIRK) was added as a cosponsor of strengths for such fiscal year, and for amendment No. 1557 intended to be pro- name of the Senator from Louisiana other purposes. posed to H.R. 1735, a bill to authorize (Mr. CASSIDY) was added as a cosponsor of amendment No. 1602 intended to be AMENDMENT NO. 1526 appropriations for fiscal year 2016 for proposed to H.R. 1735, a bill to author- At the request of Mr. MARKEY, the military activities of the Department ize appropriations for fiscal year 2016 name of the Senator from Oregon (Mr. of Defense and for military construc- for military activities of the Depart- MERKLEY) was added as a cosponsor of tion, to prescribe military personnel ment of Defense and for military con- amendment No. 1526 intended to be pro- strengths for such fiscal year, and for struction, to prescribe military per- posed to H.R. 1735, a bill to authorize other purposes. sonnel strengths for such fiscal year, appropriations for fiscal year 2016 for AMENDMENT NO. 1558 and for other purposes. military activities of the Department At the request of Mr. DURBIN, the AMENDMENT NO. 1607 of Defense and for military construc- name of the Senator from Illinois (Mr. At the request of Mr. JOHNSON, the tion, to prescribe military personnel KIRK) was added as a cosponsor of names of the Senator from Arizona strengths for such fiscal year, and for amendment No. 1558 intended to be pro- (Mr. MCCAIN), the Senator from Lou- other purposes. posed to H.R. 1735, a bill to authorize isiana (Mr. VITTER), the Senator from AMENDMENT NO. 1538 appropriations for fiscal year 2016 for Idaho (Mr. CRAPO), the Senator from At the request of Mr. WICKER, the military activities of the Department Louisiana (Mr. CASSIDY) and the Sen- name of the Senator from Hawaii (Ms. of Defense and for military construc- ator from New Hampshire (Ms. AYOTTE) HIRONO) was added as a cosponsor of tion, to prescribe military personnel were added as cosponsors of amend- amendment No. 1538 intended to be pro- strengths for such fiscal year, and for ment No. 1607 intended to be proposed posed to H.R. 1735, a bill to authorize other purposes. to H.R. 1735, a bill to authorize appro- appropriations for fiscal year 2016 for AMENDMENT NO. 1559 priations for fiscal year 2016 for mili- military activities of the Department At the request of Mr. DURBIN, the tary activities of the Department of of Defense and for military construc- names of the Senator from Rhode Is- Defense and for military construction, tion, to prescribe military personnel land (Mr. WHITEHOUSE) and the Senator to prescribe military personnel strengths for such fiscal year, and for from Minnesota (Mr. FRANKEN) were strengths for such fiscal year, and for other purposes. added as cosponsors of amendment No. other purposes. AMENDMENT NO. 1540 1559 proposed to H.R. 1735, a bill to au- f At the request of Mr. BENNET, the thorize appropriations for fiscal year name of the Senator from Florida (Mr. 2016 for military activities of the De- STATEMENTS ON INTRODUCED RUBIO) was added as a cosponsor of partment of Defense and for military BILLS AND JOINT RESOLUTIONS amendment No. 1540 proposed to H.R. construction, to prescribe military per- By Mr. PORTMAN (for himself, 1735, a bill to authorize appropriations sonnel strengths for such fiscal year, Mr. LEAHY, and Mr. RUBIO): for fiscal year 2016 for military activi- and for other purposes. S. 1513. A bill to reauthorize the Sec- ties of the Department of Defense and AMENDMENT NO. 1578 ond Chance Act of 2007; to the Com- for military construction, to prescribe At the request of Mrs. GILLIBRAND, mittee on the Judiciary. military personnel strengths for such the names of the Senator from Penn- Mr. LEAHY. Mr. President, today I fiscal year, and for other purposes. sylvania (Mr. CASEY), the Senator from join with Senator PORTMAN to reintro- AMENDMENT NO. 1549 Vermont (Mr. SANDERS) and the Sen- duce the bipartisan Second Chance Re- At the request of Mrs. ERNST, the ator from Oregon (Mr. MERKLEY) were authorization Act. This legislation names of the Senator from North Caro- added as cosponsors of amendment No. builds on the success of the original lina (Mr. TILLIS) and the Senator from 1578 intended to be proposed to H. R. law and takes important new steps to Florida (Mr. RUBIO) were added as co- 1735, a bill to authorize appropriations ensure that people coming out of pris- sponsors of amendment No. 1549 infor fiscal year 2016 for military activi- on are given a fair chance to turn their tended to be proposed to H.R. 1735, a ties of the Department of Defense and lives around. When inmates are re- bill to authorize appropriations for fis- for military construction, to prescribe leased from prison, they face many

VerDate Sep 11 2014 02:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.023 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3779 challenges, including finding housing Judiciary Committee and the full Sen- and this reauthorization implements a and employment, combating substance ate about the urgent need for criminal new ‘‘Transitional Jobs Strategy’’ to abuse, and accessing physical and men- justice reform. Recidivism rates at the help identify and address the root tal healthcare. This legislation aims to State and local levels are unacceptably causes of chronic unemployment for improve their ability to reenter soci- high. Nearly 2⁄3 of former inmates are ex-offenders. This new strategy will ety, become productive members of rearrested within 3 years of release and support those individuals committed to their families and communities, and about half ofthem end up back behind working hard and getting their lives reduce the likelihood that they will re- bars. Any serious effort to address re- back on track by offering programs offend. Investing in reentry services form must include efforts to support like vocational education, life skills has been proven to reduce recidivism reentry. Nearly all prisoners will re- training, or child care services. I am and bring down prison costs. It is also turn to our communities at some point proud of this addition to the bill and the right thing to do. and it is wise policy to help make that believe it will improve lives and stimu- This legislation is urgently needed. transition successful. We all benefit— late our economy. While the United States is home to less our families, our neighborhoods, our We have learned from recent reports than 5 percent of the world’s popu- economy—when people become produc- by the General Accounting Office and lation, we have nearly 25 percent of the tive, stable members of society. That is the Inspector General that our Na- world’s prison population. With more the goal of the Second Chance Act. tion’s aging prison population is cost- than two million people behind bars, That is why it is supported by Amer- ing the Federal Bureau of Prisons mil- and 650,000 ex-offenders being released ican Probation and Parole Association, lions every year due to their increasing each year, we need to reauthorize these the National Association of Counties, medical needs. Many of these older critical programs that reduce crime the American Bar Association, and the prisoners no longer represent a threat and increase public safety. United Methodist Church, among many to public safety, so this bill increases others. Budgets at the State and Federal the discretion of prison officials to de- Let me be specific. This bill will help level are strained by our system of termine when inmates over 60 should mass incarceration, and we all suffer as former inmates overcome some of the obstacles they face in finding a job, a be released to home detention. It sim- a result. The truth is that when so ply doesn’t make sense to spend money much money goes to locking people place to live, and accessing healthcare incarcerating and caring for elderly in- away, we have fewer resources for pro- services. Meeting these basic needs has become increasingly difficult because mates who are not dangerous. grams that actually prevent crime in Although the Second Chance reau- the first place. Investing in reentry people coming out of jail are too often thorization has passed with strong bi- programs that break the cycle of crime treated as second class citizens for the partisan support through the Judiciary helps reduce prison costs and keeps us rest of their lives. As a former pros- Committee each of the last two Con- all safer. That is why law enforcement ecutor, I believe in tough sentences for gresses, the act expired in 2010. We groups like the National Association of those who break out laws. However, need to pass this legislation this Con- Police Organizations support this bill. once someone has paid their debt to so- gress as part of comprehensive crimi- They understand better than most that ciety, he should not be burdened by nal justice reform. we cannot afford to stay on our current past mistakes forever. I am hopeful that with partners like path. Chairman GRASSLEY convened a Judi- My home State of Vermont was re- ciary Committee hearing last month Senator PORTMAN and Representatives cently awarded a grant to implement a that highlighted just this issue. The SENSENBRENNER and DAVIS we will fi- Statewide Recidivism Reduction Pro- hearing focused on the importance of nally reauthorize it this Congress. We gram through the Second Chance Act. the right to counsel for poor defend- have been working hard to reach an The Commissioner of the Vermont De- ants charged with misdemeanors. Dur- agreement that is fair, fiscally respon- partment of Corrections, Andrew ing that hearing, we heard testimony sible, and meets the needs of key Pallito, says that he sees the positive about Melinda, a single mother in Ohio stakeholders. We have the support of impact of Second Chance programming who suffered a seizure while cleaning faith groups, law enforcement, and every day. In Commissioner Pallito’s her house. When the police and para- groups who provide services to the words, ‘‘The Second Chance Act is not medics arrived, they found unsecured mentally ill and those struggling with just about giving incarcerated individ- cleaning supplies and Melinda ended up addiction. This broad coalition has one uals another opportunity to succeed, it with a conviction for child thing in common—we all want to see is about significantly improving the endangerment. Years later, she was our justice system work better. outcomes we all want for children, fired from her job when her employer I thank Senator PORTMAN, Represent- families and communities.’’ learned of her criminal record. This ative SENSENBRENNER, and Representa- We have seen that these programs left her unable to pay her rent, buy tive DAVIS for their hard work and co- are succeeding in States across the food for her family, or lead a produc- operation. We have come together in a country. North Carolina, with the help tive life. This is just not right, and it truly exceptional way in this bipar- of six Second Chance grants, has re- certainly does not make any of us tisan, bicameral effort. I look forward duced its recidivism rate by 18.1 per- safer. to joining with Democrats and Repub- cent since 2007. It has focused on indi- Any criminal conviction, no matter licans to get this bill passed and signed vidualized case planning, use of evi- how minor, can hinder a person’s into law. dence-based practices, and coordina- chances of success for their entire tion of services through local reentry lives. The Second Chance Act equips By Ms. COLLINS (for herself and councils. people to deal with this difficult envi- Mr. CASEY): Georgia has reduced its recidivism ronment, and that assistance starts be- S. 1516. A bill to amend the Internal rate by 13.5 percent since 2007 by di- fore inmates are even released. Grants Revenue Code of 1986 to modify the en- recting greater resources to rehabilita- under this program have enabled states ergy credit to provide greater incen- tion, community supervision, and pro- to hire case managers who meet with tives for industrial energy efficiency; grams addressing reentry needs. Thir- inmates while they are in jail to plan to the Committee on Finance. teen Second Chance grants have helped for their release, and continue to be a Ms. COLLINS. Mr. President, I am support these successful efforts and the resource once they have returned pleased to be joined by my colleague, statewide incarceration rate has de- home. Case managers help former of- the distinguished Senator from Penn- creased by 4.8 percent. fenders identify where to continue sub- sylvania, Mr. CASEY, in introducing the These programs are working, and it stance abuse treatment, apply for jobs, Power Efficiency and Resilience, would be irresponsible not to continue and enroll in parenting classes. They POWER, Act. supporting these critical efforts that also help them build conflict resolution The POWER Act would expand tax are improving public safety and bring- skills and avoid certain people or incentives for industrial energy effi- ing down prison costs. places that threaten their recovery. ciency systems, including combined I am introducing this bill so that it A key component to remaining heat and power, CHP, and waste heat can be a part of our conversation in the crime-free is getting and keeping a job, to power, WHP, technologies, making

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.036 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3780 CONGRESSIONAL RECORD — SENATE June 4, 2015 the incentives more accessible an pro- can harness this heat as a resource to DURBIN, Mr. MARKEY, Mr. MERKLEY, viding parity with other forms of re- create more electricity, nearly dou- and Ms. BALDWIN) submitted the fol- newable energy. The upfront costs of bling efficiency. Senator Collins’ lowing resolution; which was referred CHP and WHP can be expensive, and fa- POWER Act will help us use this tech- to the Committee on Health, Edu- cilities seeking to lower their energy nology throughout Maine and across cation, Labor, and Pensions: bills often lack access to the capital the nation, moving the United States S. RES. 193 needed for purchasing the equipment. towards increased energy independ- Whereas, prior to the landmark decision of The POWER Act aims to spur invest- ence.’’ the Supreme Court of the United States in ment in these efficient technologies The POWER Act would allow more Griswold v. Connecticut, 381 U.S. 479 (1965), that capture wasted heat from elec- U.S. companies to install CHP and married women in many States were law- tricity generation and industrial proc- WHP systems, which would help im- fully forbidden from using family planning esses and use it to heat or cool build- prove the energy efficiency and lower tools such as contraceptives and condoms; ings or to generate additional elec- costs for some of the largest energy Whereas the historic Griswold case provided precedent for future cases in the Su- tricity. Capturing this otherwise wast- users. The legislation has the support ed resource has the potential to in- preme Court that extended the right to use of a broad coalition of businesses from contraceptives to all women, regardless of crease electrical generation efficiency across the country, several environ- marital status; by nearly 80 percent and reduce elec- mental organizations, and a number of Whereas, since Griswold, millions of tricity costs for industrial users. trade associations. I urge my col- women have used contraceptives to plan While technologies such as solar en- leagues on both sides of the aisle to pregnancies, resulting in healthier women, ergy and fuel cells currently benefit support this legislation. healthier pregnancies, healthier families, from a 30 percent investment tax cred- and greater financial security for families; f it, ITC, the incentives for CHP are Whereas, despite having the legal right to more limited. CHP systems are only el- SUBMITTED RESOLUTIONS use contraceptives, many women who need igible for a 10 percent ITC for the first family planning and sexual health services still face financial and other barriers to get- 15 megawatts, MW, of projects that are SENATE RESOLUTION 192—REQUIR- ting the necessary care; smaller than 50 MW in capacity. More- ING THAT LEGISLATION CONSID- Whereas, because of limited access to af- over, while WHP has the potential to ERED BY THE SENATE BE CON- fordable family planning services, low-in- produce 15 gigawatts of emissions-free come women are 5 times more likely to have FINED TO A SINGLE ISSUE electricity nationwide, it currently an unintended pregnancy compared to does not qualify for the ITC. The limits Mr. ENZI submitted the following women with higher incomes, and unintended on the size and scope of the ITC have resolution; which was referred to the pregnancy rates are increasing for poor and hampered companies from making im- Committee on Rules and Administra- low-income women while decreasing for tion: women with higher incomes; portant investments to increase their Whereas black and Latino women are dis- efficiency. The POWER Act would in- S. RES. 192 proportionately affected by the lack of ac- crease the ITC for CHP to 30 percent, Resolved, cess to contraceptives and reproductive allow WHP to qualify for the credit, re- SECTION 1. SINGLE-ISSUE REQUIREMENT. health care; move the limit on project size to en- (a) POINT OF ORDER.—It shall not be in Whereas programs such as the population sure large industrial systems are eligi- order in the Senate to consider a bill or reso- research and voluntary family planning pro- ble, and extend the credit through De- lution that is not confined to a single sub- grams under title X of the Public Health cember 2018 to allow time for equip- ject. Service Act (42 U.S.C. 300 et seq.) and the Medicaid program under title XIX of the So- ment purchase, installation, and per- (b) SUPERMAJORITY WAIVER AND APPEALS.— (1) WAIVER.—This section may be waived or cial Security Act (42 U.S.C. 1396 et seq.) help mitting. suspended in the Senate only by the affirma- low-income women access high-quality, af- By making our industrial sector tive vote of two-thirds of the Members, duly fordable family planning care, including con- more efficient, we would be reducing chosen and sworn. traceptives, that helps women plan preg- costs for manufacturers and helping (2) APPEALS.—Appeals in the Senate from nancies and stay healthy; them to better compete in the global the decisions of the Chair relating to any Whereas the Patient Protection and Af- marketplace. CHP can also help us be a provision of this section shall be limited to fordable Care Act (Public Law 111–148) is more resilient nation. Critical institu- 30 minutes, to be equally divided between, helping realize the promise of Griswold by tions that have combined heat and and controlled by, the appellant and the removing barriers to care by requiring that all insurance providers offer contraceptives power can keep the power on even manager of the bill or resolution. An affirmative vote of two-thirds of the Members of and reproductive preventive health care when the lights go out. That is why the Senate, duly chosen and sworn, shall be services at no cost to women, and, as of 2014, some hospitals, wastewater treatment required to sustain an appeal of the ruling of more than 55,000,0000 women were benefitting plants, and military bases are install- the Chair on a point of order raised under from coverage without cost-sharing for pre- ing CHP—they have to keep operating this section. ventive services, including birth control, according to the Department of Health and even in extreme weather or during f blackouts. The POWER Act can save Human Services; energy, reduce costs, build resilience, SENATE RESOLUTION 193—CELE- Whereas, each year, publicly funded con- BRATING THE 50TH ANNIVER- traceptives and family planning services and reduce emissions. help prevent approximately 2,000,000 un- Woodard & Curran, headquartered in SARY OF THE HISTORIC GRIS- WOLD V. CONNECTICUT DECISION planned pregnancies, 800,000 abortions, Portland, Maine, noted in its support 400,000 miscarriages, and 200,000 pre-term and for the bill that the POWER Act: ‘‘. . . OF THE SUPREME COURT OF low birth rate births; will allow more companies to reduce THE UNITED STATES AND EX- Whereas, in 2015, the Institute of Medicine energy use and costs by installing com- PRESSING THE SENSE OF THE listed using birth control to reduce unin- bined heat and power, CHP, systems. SENATE THAT THE CASE WAS tended pregnancies as 1 of 15 core measures As a developer of such projects, we AN IMPORTANT STEP FORWARD for furthering health progress and improving IN HELPING ENSURE THAT ALL health; know that this technology poses a sig- Whereas, as the number of contraceptive nificant opportunity to generate new PEOPLE OF THE UNITED STATES ARE ABLE TO USE CONTRACEP- methods expands, it is more important than businesses, create jobs, and reduce our ever that all women have access to the full Nation’s energy consumption. CHP is TIVES TO PLAN PREGNANCIES range of contraceptive methods, including still largely an untapped resource, and AND HAVE HEALTHIER BABIES the most effective methods, so that each we could double its installed capacity Mr. BLUMENTHAL (for himself, Mrs. woman can choose the method that works over the next decade with the right BOXER, Mrs. MURRAY, Mr. BROWN, Ms. best for her; and Whereas every dollar invested in publicly policies in place.’’ Another company in HIRONO, Mr. MENENDEZ, Ms. WARREN, funded contraceptive saves taxpayers $7.09: Scarborough, ME, Self-Gen, Inc., stat- Mrs. GILLIBRAND, Mr. BOOKER, Mrs. Now, therefore, be it ed: ‘‘Every year, the United States FEINSTEIN, Mr. SCHATZ, Mr. COONS, Mr. Resolved, That the Senate— sends enough wasted heat from elec- KING, Ms. KLOBUCHAR, Mr. FRANKEN, (1) celebrates the 50th anniversary of the tricity generation up our chimneys to Mr. WARNER, Mr. WHITEHOUSE, Mr. 1965 Griswold v. Connecticut decision of the power Japan. Combined heat and power SCHUMER, Mr. KAINE, Mr. SANDERS, Mr. Supreme Court of the United States;

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Mr. MCCAIN submitted an amend- (4) encourages robust investment in pub- MORAN) submitted an amendment intended ment intended to be proposed to amendment licly funded family planning services as a to be proposed to amendment SA 1463 pro- SA 1463 proposed by Mr. MCCAIN to the bill means to help women plan pregnancies and posed by Mr. MCCAIN to the bill H.R. 1735, H.R. 1735, supra; which was ordered to lie on have healthier babies; supra; which was ordered to lie on the table. the table. (5) recognizes that investments in publicly SA 1627. Mr. TESTER (for himself, Mr. SA 1644. Mr. MCCAIN submitted an amend- funded family planning services help prevent ENZI, Mr. COONS, Mr. BLUMENTHAL, Mr. ment intended to be proposed to amendment unplanned pregnancies and abortions and DAINES, Mr. BROWN, and Mrs. GILLIBRAND) SA 1463 proposed by Mr. MCCAIN to the bill help save taxpayer dollars; submitted an amendment intended to be pro- H.R. 1735, supra; which was ordered to lie on (6) acknowledges that all women, regard- posed to amendment SA 1463 proposed by Mr. the table. less of income or zip code, should have af- MCCAIN to the bill H.R. 1735, supra; which SA 1645. Mr. MARKEY proposed an amend- fordable access to the tools that help women was ordered to lie on the table. ment to amendment SA 1463 proposed by Mr. plan and space their pregnancies; and SA 1628. Ms. AYOTTE (for herself, Mr. MCCAIN to the bill H.R. 1735, supra. (7) recognizes the value of the publicly PETERS, Mr. GRAHAM, and Mr. RUBIO) sub- SA 1646. Mr. LEAHY submitted an amend- funded family planning safety net in helping mitted an amendment intended to be pro- ment intended to be proposed to amendment to realize the promise of the Griswold deci- posed to amendment SA 1463 proposed by Mr. SA 1463 proposed by Mr. MCCAIN to the bill sion. MCCAIN to the bill H.R. 1735, supra; which H.R. 1735, supra; which was ordered to lie on was ordered to lie on the table. f the table. SA 1629. Mr. COTTON (for himself and Mr. SA 1647. Mr. MERKLEY submitted an AMENDMENTS SUBMITTED AND RUBIO) submitted an amendment intended to amendment intended to be proposed to PROPOSED be proposed to amendment SA 1463 proposed amendment SA 1463 proposed by Mr. MCCAIN by Mr. MCCAIN to the bill H.R. 1735, supra; SA 1614. Mr. CASEY (for himself, Mr. to the bill H.R. 1735, supra; which was or- which was ordered to lie on the table. dered to lie on the table. TOOMEY, Mr. BLUMENTHAL, Mr. ROUNDS, and SA 1630. Ms. MURKOWSKI submitted an Mr. MARKEY) submitted an amendment in- SA 1648. Mr. MERKLEY submitted an amendment intended to be proposed to amendment intended to be proposed to tended to be proposed to amendment SA 1463 C AIN amendment SA 1463 proposed by Mr. M C amendment SA 1463 proposed by Mr. MCCAIN proposed by Mr. MCCAIN to the bill H.R. 1735, to the bill H.R. 1735, supra; which was or- to authorize appropriations for fiscal year to the bill H.R. 1735, supra; which was ordered to lie on the table. dered to lie on the table. 2016 for military activities of the Depart- SA 1631. Ms. MURKOWSKI submitted an ment of Defense and for military construc- SA 1649. Mr. SCHATZ submitted an amend- amendment intended to be proposed to ment intended to be proposed to amendment tion, to prescribe military personnel amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill strengths for such fiscal year, and for other to the bill H.R. 1735, supra; which was or- purposes; which was ordered to lie on the H.R. 1735, supra; which was ordered to lie on dered to lie on the table. the table. table. SA 1632. Mr. MCCAIN (for himself and Mr. SA 1650. Mr. SCHATZ (for himself, Mrs. SA 1615. Mr. CASEY (for himself and Mr. JOHNSON) submitted an amendment intended GILLIBRAND, Mr. MERKLEY, and Mr. BOOKER) MORAN) submitted an amendment intended to be proposed to amendment SA 1463 pro- submitted an amendment intended to be pro- to be proposed to amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, posed to amendment SA 1463 proposed by Mr. posed by Mr. MCCAIN to the bill H.R. 1735, supra; which was ordered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which supra; which was ordered to lie on the table. SA 1633. Mr. MCCAIN submitted an amend- was ordered to lie on the table. SA 1616. Mr. DONNELLY (for himself and ment intended to be proposed to amendment SA 1651. Mr. SCHATZ submitted an amend- Mr. BENNET) submitted an amendment in- SA 1463 proposed by Mr. MCCAIN to the bill ment intended to be proposed to amendment tended to be proposed to amendment SA 1463 H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill proposed by the bill H.R. 1735, supra; which the table. was ordered to lie on the table. SA 1634. Mr. BLUNT submitted an amend- H.R. 1735, supra; which was ordered to lie on SA 1617. Mr. DONNELLY submitted an ment intended to be proposed to amendment the table. SA 1652. Mrs. SHAHEEN submitted an amendment intended to be proposed to SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- the table. amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. SA 1635. Mr. BLUNT submitted an amend- to the bill H.R. 1735, supra; which was or- SA 1618. Mrs. SHAHEEN submitted an ment intended to be proposed to amendment dered to lie on the table. amendment intended to be proposed to SA 1463 proposed by Mr. MCCAIN to the bill SA 1653. Mr. BLUMENTHAL submitted an amendment SA 1463 proposed by Mr. MCCAIN H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to to the bill H.R. 1735, supra. the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1619. Mrs. SHAHEEN submitted an SA 1636. Mr. BLUNT submitted an amend- to the bill H.R. 1735, supra; which was or- amendment intended to be proposed to ment intended to be proposed to amendment dered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill SA 1654. Mr. COONS submitted an amend- to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on ment intended to be proposed to amendment dered to lie on the table. the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1620. Mr. COATS submitted an amend- SA 1637. Mr. BLUNT submitted an amend- H.R. 1735, supra; which was ordered to lie on ment intended to be proposed to amendment ment intended to be proposed to amendment the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1463 proposed by Mr. MCCAIN to the bill SA 1655. Mr. WYDEN (for himself and Mr. H.R. 1735, supra; which was ordered to lie on H.R. 1735, supra; which was ordered to lie on MERKLEY) submitted an amendment in- the table. the table. tended to be proposed to amendment SA 1463 SA 1621. Mr. COATS submitted an amend- SA 1638. Mr. BLUNT submitted an amend- proposed by Mr. MCCAIN to the bill H.R. 1735, ment intended to be proposed to amendment ment intended to be proposed to amendment supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1463 proposed by Mr. MCCAIN to the bill SA 1656. Mr. WHITEHOUSE submitted an H.R. 1735, supra; which was ordered to lie on H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to the table. the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1622. Mr. MORAN submitted an amend- SA 1639. Mr. PORTMAN (for himself and to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment Mr. BROWN) submitted an amendment in- dered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill tended to be proposed to amendment SA 1463 SA 1657. Mr. PORTMAN submitted an H.R. 1735, supra; which was ordered to lie on proposed by Mr. MCCAIN to the bill H.R. 1735, amendment intended to be proposed to the table. supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1623. Mr. TESTER submitted an amend- SA 1640. Ms. MURKOWSKI submitted an to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment amendment intended to be proposed to dered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN SA 1658. Mr. MCCAIN submitted an amend- H.R. 1735, supra; which was ordered to lie on to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment the table. dered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1624. Mr. TESTER submitted an amend- SA 1641. Ms. MURKOWSKI submitted an H.R. 1735, supra; which was ordered to lie on ment intended to be proposed to amendment amendment intended to be proposed to the table. SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN SA 1659. Ms. COLLINS submitted an H.R. 1735, supra; which was ordered to lie on to the bill H.R. 1735, supra; which was or- amendment intended to be proposed to the table. dered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN

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to the bill H.R. 1735, supra; which was or- posed by Mr. MCCAIN to the bill H.R. 1735, Mr. BROWN) submitted an amendment in- dered to lie on the table. supra; which was ordered to lie on the table. tended to be proposed to amendment SA 1463 SA 1660. Ms. COLLINS submitted an SA 1677. Mr. UDALL submitted an amend- proposed by Mr. MCCAIN to the bill H.R. 1735, amendment intended to be proposed to ment intended to be proposed to amendment supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill SA 1694. Ms. HIRONO (for herself and Mr. to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on WYDEN) submitted an amendment intended dered to lie on the table. the table. to be proposed to amendment SA 1463 pro- SA 1678. Mr. PAUL submitted an amend- SA 1661. Mr. WARNER (for himself and Mr. posed by Mr. MCCAIN to the bill H.R. 1735, KAINE) submitted an amendment intended to ment intended to be proposed to amendment supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill be proposed to amendment SA 1463 proposed SA 1695. Ms. HIRONO (for herself and Mr. by Mr. MCCAIN to the bill H.R. 1735, supra; H.R. 1735, supra; which was ordered to lie on WYDEN) submitted an amendment intended the table. which was ordered to lie on the table. to be proposed to amendment SA 1463 pro- SA 1662. Mr. WARNER submitted an SA 1679. Mr. PAUL submitted an amend- posed by Mr. MCCAIN to the bill H.R. 1735, amendment intended to be proposed to ment intended to be proposed to amendment supra; which was ordered to lie on the table. amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on SA 1696. Ms. HIRONO (for herself and Mr. dered to lie on the table. the table. WYDEN) submitted an amendment intended SA 1663. Mr. WARNER submitted an SA 1680. Mr. PAUL submitted an amend- to be proposed to amendment SA 1463 pro- amendment intended to be proposed to ment intended to be proposed to amendment posed by Mr. MCCAIN to the bill H.R. 1735, amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill supra; which was ordered to lie on the table. to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on SA 1697. Ms. HIRONO (for herself and Mr. dered to lie on the table. the table. WYDEN) submitted an amendment intended SA 1664. Mr. SCHUMER submitted an SA 1681. Mrs. MURRAY submitted an to be proposed to amendment SA 1463 pro- amendment intended to be proposed to amendment intended to be proposed to posed by Mr. MCCAIN to the bill H.R. 1735, amendment SA 1463 proposed by Mr. MCCAIN amendment SA 1463 proposed by Mr. MCCAIN supra; which was ordered to lie on the table. to the bill H.R. 1735, supra; which was or- to the bill H.R. 1735, supra; which was or- SA 1698. Mr. CASEY (for himself, Mr. dered to lie on the table. dered to lie on the table. INHOFE, and Mr. WHITEHOUSE) submitted an SA 1665. Mr. KIRK submitted an amend- SA 1682. Mrs. MURRAY submitted an amendment intended to be proposed to amendment intended to be proposed to ment intended to be proposed to amendment amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on to the bill H.R. 1735, supra; which was ordered to lie on the table. the table. dered to lie on the table. SA 1683. Mrs. MURRAY (for herself, Mr. SA 1699. Mr. WYDEN (for himself and Ms. SA 1666. Mr. KIRK (for himself, Mr. DUR- HIRONO) submitted an amendment intended MURPHY, Mrs. GILLIBRAND, and Mr. BLUNT) BIN, Mr. INHOFE, Mr. MARKEY, Mr. MANCHIN, submitted an amendment intended to be pro- to be proposed to amendment SA 1463 pro- and Ms. WARREN) submitted an amendment posed to amendment SA 1463 proposed by Mr. posed by Mr. MCCAIN to the bill H.R. 1735, intended to be proposed to amendment SA supra; which was ordered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which 1463 proposed by Mr. MCCAIN to the bill H.R. SA 1700. Mr. WYDEN (for himself and Ms. 1735, supra; which was ordered to lie on the was ordered to lie on the table. SA 1684. Mrs. MURRAY (for herself, Ms. HIRONO) submitted an amendment intended table. BALDWIN, Mrs. GILLIBRAND, and Mr. PETERS) to be proposed to amendment SA 1463 pro- SA 1667. Mr. MCCAIN (for himself and Mr. submitted an amendment intended to be proposed by Mr. MCCAIN to the bill H.R. 1735, BLUNT) submitted an amendment intended to posed to amendment SA 1463 proposed by Mr. supra; which was ordered to lie on the table. be proposed to amendment SA 1463 proposed MCCAIN to the bill H.R. 1735, supra; which SA 1701. Mr. WYDEN submitted an amend- by Mr. MCCAIN to the bill H.R. 1735, supra; was ordered to lie on the table. ment intended to be proposed to amendment which was ordered to lie on the table. SA 1685. Mr. NELSON (for himself and Ms. SA 1668. Mr. BOOZMAN submitted an SA 1463 proposed by Mr. MCCAIN to the bill COLLINS) submitted an amendment intended amendment intended to be proposed to H.R. 1735, supra; which was ordered to lie on to be proposed to amendment SA 1463 pro- the table. amendment SA 1463 proposed by Mr. MCCAIN posed by Mr. MCCAIN to the bill H.R. 1735, to the bill H.R. 1735, supra; which was or- SA 1702. Mr. BLUMENTHAL submitted an supra; which was ordered to lie on the table. amendment intended to be proposed to dered to lie on the table. SA 1686. Mr. MORAN submitted an amend- SA 1669. Mr. BOOZMAN (for himself, Mr. amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment DONNELLY, and Mr. TOOMEY) submitted an to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. amendment intended to be proposed to H.R. 1735, supra; which was ordered to lie on CCAIN SA 1703. Mr. DURBIN submitted an amend- amendment SA 1463 proposed by Mr. M the table. ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- SA 1687. Mr. LEE (for himself, Mr. INHOFE, SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. Mr. HATCH , Mr. HELLER, Mr. MORAN, Mr. SA 1670. Ms. HIRONO submitted an amend- H.R. 1735, supra; which was ordered to lie on LANKFORD, Mr. CRAPO, Mr. DAINES, Mr. ment intended to be proposed to amendment the table. RISCH, and Mr. ROBERTS) submitted an SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to SA 1704. Mr. DURBIN (for himself, Mr. H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. MCCAIN BLUMENTHAL, Mr. REED, Mr. BROWN, Mr. the table. to the bill H.R. 1735, supra; which was or- FRANKEN, and Mr. CARPER) submitted an SA 1671. Ms. HIRONO submitted an amend- dered to lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 1688. Mr. HOEVEN (for himself and Mr. amendment SA 1463 proposed by Mr. MCCAIN SA 1463 proposed by Mr. MCCAIN to the bill DONNELLY) submitted an amendment in- to the bill H.R. 1735, supra; which was or- H.R. 1735, supra; which was ordered to lie on tended to be proposed to amendment SA 1463 dered to lie on the table. the table. proposed by Mr. MCCAIN to the bill H.R. 1735, SA 1705. Mr. COATS (for himself, Mr. SA 1672. Ms. BALDWIN submitted an supra; which was ordered to lie on the table. RUBIO, and Mr. CORNYN) submitted an amendment intended to be proposed to SA 1689. Mr. CARDIN submitted an amend- amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill to the bill H.R. 1735, supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on dered to lie on the table. SA 1673. Mr. WARNER submitted an the table. SA 1706. Mr. SESSIONS submitted an amendment intended to be proposed to SA 1690. Mr. CARDIN submitted an amend- amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill to the bill H.R. 1735, supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on dered to lie on the table. SA 1674. Mr. WARNER submitted an the table. SA 1707. Mr. GARDNER submitted an amendment intended to be proposed to SA 1691. Mr. CARDIN submitted an amend- amendment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill to the bill H.R. 1735, supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on dered to lie on the table. SA 1675. Mr. UDALL submitted an amend- the table. ment intended to be proposed to amendment SA 1692. Mr. CARDIN submitted an amend- SA 1708. Mr. GARDNER submitted an SA 1463 proposed by Mr. MCCAIN to the bill ment intended to be proposed to amendment amendment intended to be proposed to H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill amendment SA 1463 proposed by Mr. MCCAIN the table. H.R. 1735, supra; which was ordered to lie on to the bill H.R. 1735, supra; which was or- SA 1676. Mr. UDALL (for himself and Mr. the table. dered to lie on the table. HEINRICH) submitted an amendment intended SA 1693. Mr. WHITEHOUSE (for himself, SA 1709. Mr. GARDNER submitted an to be proposed to amendment SA 1463 pro- Mr. LEAHY, Mr. UDALL, Mr. HEINRICH, and amendment intended to be proposed to

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amendment SA 1463 proposed by Mr. MCCAIN SA 1727. Mr. INHOFE submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. SA 1710. Mr. KIRK (for himself and Mr. H.R. 1735, supra; which was ordered to lie on SA 1744. Mrs. FEINSTEIN submitted an MENENDEZ) submitted an amendment in- the table. amendment intended to be proposed to tended to be proposed to amendment SA 1463 SA 1728. Mr. INHOFE (for himself, Ms. MI- amendment SA 1463 proposed by Mr. MCCAIN proposed by Mr. MCCAIN to the bill H.R. 1735, KULSKI, Mr. KAINE, Mr. TILLIS, Mr. ROUNDS, to the bill H.R. 1735, supra; which was or- supra; which was ordered to lie on the table. Mr. SCHATZ, Ms. HIRONO, Mr. SESSIONS, Mr. dered to lie on the table. SA 1711. Ms. AYOTTE submitted an HATCH, Mr. BOOZMAN, Mr. WARNER, Mr. SA 1745. Mr. PETERS (for himself, Ms. amendment intended to be proposed to CASEY, Ms. MURKOWSKI, Mr. NELSON, and Mr. HIRONO, and Mr. WYDEN) submitted an amendment SA 1463 proposed by Mr. MCCAIN MARKEY) submitted an amendment intended amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- to be proposed to amendment SA 1463 pro- amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. posed by Mr. MCCAIN to the bill H.R. 1735, to the bill H.R. 1735, supra; which was or- SA 1712. Mr. FLAKE submitted an amend- supra; which was ordered to lie on the table. dered to lie on the table. ment intended to be proposed to amendment SA 1729. Mr. HATCH submitted an amend- SA 1746. Mr. PETERS (for himself, Ms. SA 1463 proposed by Mr. MCCAIN to the bill ment intended to be proposed to amendment HIRONO, and Mr. WYDEN) submitted an H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to the table. H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. MCCAIN SA 1713. Mr. FLAKE (for himself and Mr. the table. to the bill H.R. 1735, supra; which was or- TOOMEY) submitted an amendment intended SA 1730. Mr. HATCH submitted an amend- dered to lie on the table. to be proposed to amendment SA 1463 pro- ment intended to be proposed to amendment SA 1747. Mr. CASEY (for himself and Ms. posed by Mr. MCCAIN to the bill H.R. 1735, SA 1463 proposed by Mr. MCCAIN to the bill AYOTTE) submitted an amendment intended supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on to be proposed to amendment SA 1463 pro- SA 1714. Mr. FLAKE submitted an amend- the table. posed by Mr. MCCAIN to the bill H.R. 1735, ment intended to be proposed to amendment SA 1731. Mr. PORTMAN (for himself and supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill Ms. HIRONO) submitted an amendment in- H.R. 1735, supra; which was ordered to lie on tended to be proposed to amendment SA 1463 SA 1748. Mr. PETERS submitted an amend- the table. proposed by Mr. MCCAIN to the bill H.R. 1735, ment intended to be proposed to amendment SA 1715. Mr. FLAKE submitted an amend- supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill ment intended to be proposed to amendment SA 1732. Mr. DAINES submitted an amend- H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill ment intended to be proposed to amendment the table. H.R. 1735, supra; which was ordered to lie on SA 1463 proposed by Mr. MCCAIN to the bill SA 1749. Mrs. SHAHEEN submitted an the table. H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to SA 1716. Mr. FLAKE submitted an amend- the table. amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment SA 1733. Ms. STABENOW (for herself, Mr. to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill PETERS, and Mr. CASSIDY) submitted an dered to lie on the table. H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to SA 1750. Mr. WARNER submitted an the table. amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to SA 1717. Mr. FLAKE submitted an amend- to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment dered to lie on the table. to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill SA 1734. Mrs. FEINSTEIN (for herself and dered to lie on the table. H.R. 1735, supra; which was ordered to lie on Mr. GRASSLEY) submitted an amendment in- SA 1751. Mr. BOOKER (for himself and Mr. the table. tended to be proposed to amendment SA 1463 MENENDEZ) submitted an amendment in- SA 1718. Mr. FLAKE submitted an amend- proposed by Mr. MCCAIN to the bill H.R. 1735, tended to be proposed to amendment SA 1463 ment intended to be proposed to amendment supra; which was ordered to lie on the table. proposed by Mr. MCCAIN to the bill H.R. 1735, SA 1463 proposed by Mr. MCCAIN to the bill SA 1735. Ms. HEITKAMP submitted an supra; which was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on amendment intended to be proposed to SA 1752. Mr. HEINRICH (for himself, Mr. the table. amendment SA 1463 proposed by Mr. MCCAIN INHOFE, Mr. DONNELLY, Mr. BLUMENTHAL, Mr. SA 1719. Mr. FLAKE submitted an amend- to the bill H.R. 1735, supra; which was or- TILLIS, Ms. HIRONO, Mr. GRAHAM, Ms. STABE- ment intended to be proposed to amendment dered to lie on the table. NOW, Ms. BALDWIN, Mr. ISAKSON, Mr. MAR- SA 1463 proposed by Mr. MCCAIN to the bill SA 1736. Ms. HEITKAMP (for herself and KEY, Mr. UDALL, Mr. NELSON, and Mr. H.R. 1735, supra; which was ordered to lie on Mr. MORAN) submitted an amendment in- MORAN) submitted an amendment intended the table. tended to be proposed to amendment SA 1463 to be proposed to amendment SA 1463 pro- SA 1720. Mr. FLAKE submitted an amend- proposed by Mr. MCCAIN to the bill H.R. 1735, posed by Mr. MCCAIN to the bill H.R. 1735, ment intended to be proposed to amendment supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill SA 1737. Mr. MENENDEZ (for himself, Mr. SA 1753. Ms. WARREN (for herself, Mr. H.R. 1735, supra; which was ordered to lie on BROWN, and Mr. BOOKER) submitted an RUBIO, Mr. MARKEY, Ms. AYOTTE, Mrs. SHA- the table. amendment intended to be proposed to HEEN, Mr. BROWN, and Mr. MENENDEZ) sub- SA 1721. Mr. ROUNDS submitted an amendment SA 1463 proposed by Mr. MCCAIN mitted an amendment intended to be pro- amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- posed to amendment SA 1463 proposed by Mr. amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which to the bill H.R. 1735, supra; which was or- SA 1738. Mrs. MCCASKILL submitted an was ordered to lie on the table. dered to lie on the table. amendment intended to be proposed to SA 1754. Mrs. ERNST submitted an amend- SA 1722. Mr. CRUZ submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- SA 1463 proposed by Mr. MCCAIN to the bill SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. H.R. 1735, supra; which was ordered to lie on H.R. 1735, supra; which was ordered to lie on SA 1739. Mrs. MCCASKILL submitted an the table. the table. amendment intended to be proposed to SA 1755. Mr. BURR (for himself and Mr. SA 1723. Mr. CRUZ submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- TILLIS) submitted an amendment intended to SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. be proposed to amendment SA 1463 proposed H.R. 1735, supra; which was ordered to lie on SA 1740. Mrs. MCCASKILL submitted an by Mr. MCCAIN to the bill H.R. 1735, supra; the table. amendment intended to be proposed to which was ordered to lie on the table. SA 1724. Mr. CRUZ submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN SA 1756. Ms. WARREN (for herself and Mr. ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- MERKLEY) submitted an amendment in- SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. tended to be proposed to amendment SA 1463 H.R. 1735, supra; which was ordered to lie on SA 1741. Mrs. MCCASKILL submitted an proposed by Mr. MCCAIN to the bill H.R. 1735, the table. amendment intended to be proposed to supra; which was ordered to lie on the table. SA 1725. Mr. WICKER submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN SA 1757. Ms. WARREN (for herself and Mr. ment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- MERKLEY) submitted an amendment in- SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. tended to be proposed to amendment SA 1463 H.R. 1735, supra; which was ordered to lie on SA 1742. Mrs. MCCASKILL submitted an proposed by Mr. MCCAIN to the bill H.R. 1735, the table. amendment intended to be proposed to supra; which was ordered to lie on the table. SA 1726. Mr. WICKER submitted an amend- amendment SA 1463 proposed by Mr. MCCAIN SA 1758. Mr. KIRK submitted an amendment intended to be proposed to amendment to the bill H.R. 1735, supra; which was or- ment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN to the bill dered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was ordered to lie on SA 1743. Mrs. MCCASKILL submitted an H.R. 1735, supra; which was ordered to lie on the table. amendment intended to be proposed to the table.

VerDate Sep 11 2014 05:42 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.039 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3784 CONGRESSIONAL RECORD — SENATE June 4, 2015 SA 1759. Mr. KIRK submitted an amend- H.R. 1735, supra; which was ordered to lie on posed to amendment SA 1463 proposed by Mr. ment intended to be proposed to amendment the table. MCCAIN to the bill H.R. 1735, supra; which SA 1463 proposed by Mr. MCCAIN to the bill SA 1777. Mr. DAINES submitted an amend- was ordered to lie on the table. H.R. 1735, supra; which was ordered to lie on ment intended to be proposed to amendment SA 1793. Mr. MENENDEZ submitted an the table. SA 1463 proposed by Mr. MCCAIN to the bill amendment intended to be proposed to SA 1760. Mrs. CAPITO submitted an H.R. 1735, supra; which was ordered to lie on amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to the table. to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN SA 1778. Mr. BURR (for himself and Mrs. dered to lie on the table. to the bill H.R. 1735, supra; which was or- FEINSTEIN) submitted an amendment in- SA 1794. Mr. SANDERS submitted an dered to lie on the table. tended to be proposed to amendment SA 1463 amendment intended to be proposed to proposed by Mr. MCCAIN to the bill H.R. 1735, SA 1761. Mr. CORNYN submitted an amendment SA 1463 proposed by Mr. MCCAIN supra; which was ordered to lie on the table. amendment intended to be proposed to to the bill H.R. 1735, supra; which was or- SA 1779. Mr. BURR (for himself and Mrs. amendment SA 1463 proposed by Mr. MCCAIN dered to lie on the table. to the bill H.R. 1735, supra; which was or- FEINSTEIN) submitted an amendment in- dered to lie on the table. tended to be proposed to amendment SA 1463 SA 1762. Mr. CORNYN submitted an proposed by Mr. MCCAIN to the bill H.R. 1735, f amendment intended to be proposed to supra; which was ordered to lie on the table. SA 1780. Mr. CORKER (for himself and Mr. amendment SA 1463 proposed by Mr. MCCAIN TEXT OF AMENDMENTS to the bill H.R. 1735, supra; which was or- CARDIN) submitted an amendment intended dered to lie on the table. to be proposed to amendment SA 1463 pro- SA 1614. Mr. CASEY (for himself, Mr. SA 1763. Mr. CORNYN submitted an posed by Mr. MCCAIN to the bill H.R. 1735, TOOMEY, Mr. BLUMENTHAL, Mr. ROUNDS, amendment intended to be proposed to supra; which was ordered to lie on the table. and Mr. MARKEY) submitted an amend- SA 1781. Ms. HEITKAMP submitted an amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to ment intended to be proposed to to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN amendment SA 1463 proposed by Mr. dered to lie on the table. to the bill H.R. 1735, supra; which was or- MCCAIN to the bill H.R. 1735, to author- SA 1764. Ms. HIRONO submitted an amend- ize appropriations for fiscal year 2016 ment intended to be proposed to amendment dered to lie on the table. SA 1782. Mr. McCONNELL (for Mr. SA 1463 proposed by Mr. MCCAIN to the bill for military activities of the Depart- TOOMEY) submitted an amendment intended H.R. 1735, supra; which was ordered to lie on ment of Defense and for military con- to be proposed by Mr. McConnell to the bill the table. struction, to prescribe military per- H.R. 2146, to amend the Internal Revenue SA 1765. Ms. HIRONO submitted an amend- sonnel strengths for such fiscal year, Code of 1986 to allow Federal law enforcement intended to be proposed to amendment ment officers, firefighters, and air traffic and for other purposes; which was or- SA 1463 proposed by Mr. MCCAIN to the bill controllers to make penalty-free with- dered to lie on the table; as follows: H.R. 1735, supra; which was ordered to lie on drawals from governmental plans after age the table. At the end of subtitle E of title X, add the SA 1766. Ms. HIRONO submitted an amend- 50, and for other purposes. following: SA 1783. Mr. MCCAIN submitted an amendment intended to be proposed to amendment SEC. 1049. REQUIREMENT THAT PASSENGER AIR- ment intended to be proposed to amendment SA 1463 proposed by Mr. MCCAIN to the bill CRAFT IN CIVIL RESERVE AIR FLEET SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, supra; which was ordered to lie on HAVE SECONDARY COCKPIT BAR- H.R. 1735, to authorize appropriations for fis- the table. RIERS. cal year 2016 for military activities of the SA 1767. Ms. HIRONO submitted an amend- (a) REQUIREMENT.—Not later than 180 days Department of Defense and for military con- ment intended to be proposed to amendment after the date of the enactment of this Act, struction, to prescribe military personnel SA 1463 proposed by Mr. MCCAIN to the bill the Secretary of Defense shall require for strengths for such fiscal year, and for other H.R. 1735, supra; which was ordered to lie on any passenger aircraft participating in the purposes; which was ordered to lie on the the table. Civil Reserve Air Fleet— SA 1768. Ms. HIRONO submitted an amend- table. (1) the installation of a barrier, other than SA 1784. Mr. KIRK (for himself and Mrs. ment intended to be proposed to amendment the cockpit door, that prevents access to the GILLIBRAND) submitted an amendment in- SA 1463 proposed by Mr. MCCAIN to the bill flight deck of the aircraft; and tended to be proposed to amendment SA 1463 H.R. 1735, supra; which was ordered to lie on (2) for any such aircraft— proposed by Mr. MCCAIN to the bill H.R. 1735, the table. (A) that is equipped with a cockpit door, supra; which was ordered to lie on the table. that the barrier required under paragraph (1) SA 1769. Mr. KING (for himself and Mr. SA 1785. Ms. MURKOWSKI submitted an ARPER) submitted an amendment intended remain locked while— C amendment intended to be proposed to to be proposed to amendment SA 1463 pro- (i) the aircraft is in flight; and amendment SA 1463 proposed by Mr. MCCAIN CCAIN to the bill H.R. 1735, (ii) the cockpit door separating the flight posed by Mr. M to the bill H.R. 1735, supra; which was or- supra; which was ordered to lie on the table. deck and the passenger area is open; and dered to lie on the table. (B) that is not equipped with a cockpit SA 1770. Mr. SANDERS submitted an SA 1786. Mr. GRASSLEY (for himself and amendment intended to be proposed to door, that the barrier required under para- Mr. WHITEHOUSE) submitted an amendment graph (1) remain locked as determined appro- amendment SA 1463 proposed by Mr. MCCAIN intended to be proposed to amendment SA to the bill H.R. 1735, supra; which was or- priate by the pilot in command. 1463 proposed by Mr. MCCAIN to the bill H.R. dered to lie on the table. 1735, supra; which was ordered to lie on the (b) DEFINITIONS.—In this section: IVIL RESERVE AIR FLEET.—The term SA 1771. Mr. SANDERS submitted an table. (1) C amendment intended to be proposed to SA 1787. Mr. SESSIONS submitted an ‘‘Civil Reserve Air Fleet’’ has the meaning amendment SA 1463 proposed by Mr. MCCAIN amendment intended to be proposed to given such term in section 9511 of title 10, to the bill H.R. 1735, supra; which was or- amendment SA 1463 proposed by Mr. MCCAIN United States Code. dered to lie on the table. to the bill H.R. 1735, supra; which was or- (2) PASSENGER AIRCRAFT.—The term ‘‘pas- SA 1772. Ms. WARREN (for herself and Mr. dered to lie on the table. senger aircraft’’ means a passenger aircraft, MARKEY) submitted an amendment intended SA 1788. Mr. MCCONNELL (for Mr. RUBIO) as such term is defined in such section 9511, to be proposed to amendment SA 1463 pro- submitted an amendment intended to be pro- that— posed by Mr. MCCAIN to the bill H.R. 1735, posed to amendment SA 1463 proposed by Mr. (A) has 75 or more seats; and supra; which was ordered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which (B) has a gross take-off weight of 75,000 SA 1773. Mr. NELSON submitted an amend- was ordered to lie on the table. pounds or more. ment intended to be proposed to amendment SA 1789. Mr. MCCONNELL (for Mr. RUBIO) SA 1463 proposed by Mr. MCCAIN to the bill submitted an amendment intended to be pro- SA 1615. Mr. CASEY (for himself and H.R. 1735, supra; which was ordered to lie on posed to amendment SA 1463 proposed by Mr. Mr. MORAN) submitted an amendment the table. MCCAIN to the bill H.R. 1735, supra; which intended to be proposed to amendment SA 1774. Ms. AYOTTE submitted an was ordered to lie on the table. SA 1463 proposed by Mr. MCCAIN to the amendment intended to be proposed to SA 1790. Mr. MCCONNELL (for Mr. RUBIO) amendment SA 1463 proposed by Mr. MCCAIN submitted an amendment intended to be pro- bill H.R. 1735, to authorize appropria- to the bill H.R. 1735, supra; which was or- posed to amendment SA 1463 proposed by Mr. tions for fiscal year 2016 for military dered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which activities of the Department of Defense SA 1775. Mr. JOHNSON (for himself and was ordered to lie on the table. and for military construction, to pre- Mr. KIRK) submitted an amendment intended SA 1791. Mr. MCCONNELL (for Mr. RUBIO) scribe military personnel strengths for to be proposed to amendment SA 1463 pro- submitted an amendment intended to be pro- such fiscal year, and for other pur- posed by Mr. MCCAIN to the bill H.R. 1735, posed to amendment SA 1463 proposed by Mr. poses; which was ordered to lie on the supra; which was ordered to lie on the table. MCCAIN to the bill H.R. 1735, supra; which SA 1776. Mr. KIRK submitted an amend- was ordered to lie on the table. table; as follows: ment intended to be proposed to amendment SA 1792. Mr. MCCONNELL (for Mr. RUBIO) At the end of subtitle F of title V, add the SA 1463 proposed by Mr. MCCAIN to the bill submitted an amendment intended to be pro- following:

VerDate Sep 11 2014 06:20 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.040 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3785 SEC. 565. CREDIT FOR STATE LICENSURE AND SEC. 716. DESIGNATION OF CERTAIN NON-DE- and for other purposes; which was or- CERTIFICATION COSTS OF MILITARY PARTMENT MENTAL HEALTH CARE dered to lie on the table; as follows: SPOUSES ARISING BY REASON OF A PROVIDERS WITH KNOWLEDGE RE- PERMANENT CHANGE IN THE DUTY LATING TO TREATMENT OF MEM- Strike section 713 and insert the following: STATION OF THE MEMBER OF THE BERS OF THE ARMED FORCES AND ARMED FORCES TO ANOTHER VETERANS. SEC. 713. IMPROVEMENT OF MENTAL HEALTH STATE. (a) MENTAL HEALTH PROVIDER READINESS CARE PROVIDED BY HEALTH CARE (a) IN GENERAL.—Subpart A of part IV of DESIGNATION.— PROVIDERS OF THE DEPARTMENT subchapter A of chapter 1 of the Internal (1) IN GENERAL.—Not later than one year OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. Revenue Code of 1986 is amended by inserting after the date of the enactment of this Act, after section 25D the following new section: the Secretary of Defense, in consultation (a) TRAINING ON RECOGNITION AND MANAGE- with the Secretary of Veterans Affairs, shall MENT OF RISK OF SUICIDE.— ‘‘SEC. 25E. STATE LICENSURE AND CERTIFI- develop a system by which any non-Depart- (1) INITIAL TRAINING.—Not later than 180 CATION COSTS OF MILITARY ment mental health care provider that meets SPOUSE ARISING FROM TRANSFER days after the date of the enactment of this OF MEMBER OF ARMED FORCES TO eligibility criteria established by the Sec- Act, the Secretary concerned shall ensure ANOTHER STATE. retary of Defense relating to the knowledge that all primary care and mental health care described in paragraph (2) receives a mental providers under the jurisdiction of such Sec- ‘‘(a) IN GENERAL.—In the case of an eligible health provider readiness designation from retary receive, or have already received, evi- individual, there shall be allowed as a credit the Department of Defense. dence-based training on the recognition and against the tax imposed by this chapter for (2) KNOWLEDGE DESCRIBED.—The knowledge assessment of individuals at risk for suicide the taxable year an amount equal to the described in this paragraph is the following: and the management of such risk. qualified relicensing costs of such individual (A) Knowledge and understanding with re- (2) ADDITIONAL TRAINING.—The Secretary which are paid or incurred by the taxpayer spect to the culture of members of the concerned shall ensure that providers who during the taxable year. Armed Forces, veterans, and family mem- receive, or have already received, training ‘‘(b) MAXIMUM CREDIT.—The credit allowed bers and caregivers of members of the Armed described in paragraph (1) receive such addi- by this section with respect to each change Forces and veterans. tional training thereafter as may be required of duty station shall not exceed $500. (B) Knowledge with respect to evidence- based on evidence-based changes in health ‘‘(c) DEFINITIONS.—For purposes of this sec- based treatments that have been approved by care practices. the Department for the treatment of mental tion— (b) ASSESSMENT OF MENTAL HEALTH WORK- health issues among members of the Armed ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- FORCE.— Forces and veterans. ble individual’ means any individual— (1) IN GENERAL.—Not later than one year (b) AVAILABILITY OF INFORMATION ON DES- ‘‘(A) who is married to a member of the after the date of the enactment of this Act, IGNATION.— Armed Forces of the United States at the the Secretary of Defense and the Secretary (1) REGISTRY.—The Secretary of Defense time that the member moves to another of Veterans Affairs shall jointly submit to shall establish and update as necessary a State under a permanent change of station the appropriate committees of Congress a re- registry that is available to the public of all order, and port assessing the mental health workforce non-Department mental health care pro- ‘‘(B) who moves to such other State with of the Department of Defense and the De- viders that are currently designated under such member. partment of Veterans Affairs and the long- subsection (a)(1). ‘‘(2) QUALIFIED RELICENSING COSTS.—The term mental health care needs of members of (2) PROVIDER LIST.—The Secretary con- term ‘qualified relicensing costs’ means the Armed Forces, veterans, and their de- cerned shall update all lists maintained by costs— pendents for purposes of determining the such Secretary of non-Department mental ‘‘(A) which are for a license or certification long-term requirements of the Department health care providers that provide mental required by the State referred to in para- of Defense and the Department of Veterans health care under the laws administered by graph (1) to engage in the profession that Affairs for mental health care providers. such Secretary by indicating the providers such individual engaged in while within the (2) ELEMENTS.—The report submitted under that are currently designated under sub- State from which the individual moved, and paragraph (1) shall include an assessment of section (a)(1). ‘‘(B) which are paid or incurred during the the following: (3) PUBLICATION OF INFORMATION.—The Sec- period beginning on the date that the orders (A) The number of mental health care pro- retary concerned shall ensure that the reg- referred to in paragraph (1)(A) are issued and viders of the Department of Defense and the istry established and updated under para- ending on the date which is 1 year after the Department of Veterans Affairs as of the graph (1) is available to the public on an reporting date specified in such orders. date of the submittal of the report, Internet website maintained by each such ‘‘(d) DENIAL OF DOUBLE BENEFIT.—The disaggregated by specialty, including psychi- Secretary. amount of any deduction or other credit al- atrists, psychologists, social workers, men- (c) DEFINITIONS.—In this section: lowable under this chapter for any expense tal health counselors, and marriage and fam- (1) NON-DEPARTMENT MENTAL HEALTH CARE taken into account in determining the credit ily therapists. PROVIDER DEFINED.—The term ‘‘non-Depart- allowed under this section shall be reduced ment mental health care provider’’— (B) The number of mental health care pro- by the amount of the credit under this sec- (A) means a health care provider that— viders that are anticipated to be needed by tion.’’. (i) specializes in mental health; the Department of Defense and the Depart- (b) CLERICAL AMENDMENT.—The table of (ii) is not a health care provider of the De- ment of Veterans Affairs. sections for such subpart A is amended by in- partment of Defense or the Department of (C) The types of mental health care pro- serting after the item relating to section 25D Veterans Affairs; and viders that are anticipated to be needed by the following new item: (iii) provides health care to members of the the Department of Defense and the Depart- ment of Veterans Affairs. ‘‘Sec. 25E. State licensure and certification Armed Forces or veterans; and (D) Locations in which mental health care costs of military spouse arising (B) includes psychiatrists, psychologists, providers are anticipated to be needed by the from transfer of member of psychiatric nurses, social workers, mental Department of Defense and the Department Armed Forces to another health counselors, marriage and family of Veterans Affairs. State.’’. therapists, and other mental health care providers designated by the Secretary of De- (c) PLAN FOR DEVELOPMENT OF PROCEDURES (c) EFFECTIVE DATE.—The amendments TO MEASURE MENTAL HEALTH DATA.— made by this section shall apply to taxable fense or the Secretary of Veterans Affairs. ECRETARY CONCERNED.—The term ‘‘Sec- (1) IN GENERAL.—The Secretary concerned years beginning after December 31, 2014. (2) S retary concerned’’ means the Secretary of shall develop a plan for the development of Defense with respect to matters concerning procedures to compile and assess data relat- SA 1616. Mr. DONNELLY (for himself the Department of Defense and the Secretary ing to the following: and Mr. BENNET) submitted an amend- of Veterans Affairs with respect to matters (A) Outcomes for mental health care pro- ment intended to be proposed to concerning the Department of Veterans Af- vided under the laws administered by such amendment SA 1463 proposed by Mr. fairs. Secretary. (B) Variations in such outcomes among dif- MCCAIN to the bill H.R. 1735, to author- SA 1617. Mr. DONNELLY submitted ferent medical facilities under the jurisdic- ize appropriations for fiscal year 2016 an amendment intended to be proposed tion of such Secretary. for military activities of the Depart- to amendment SA 1463 proposed by Mr. (C) Barriers, if any, to the implementation ment of Defense and for military con- MCCAIN to the bill H.R. 1735, to author- by mental health care providers under the struction, to prescribe military per- ize appropriations for fiscal year 2016 jurisdiction of such Secretary of the clinical sonnel strengths for such fiscal year, practice guidelines and other evidence-based for military activities of the Depart- treatments and approaches recommended for and for other purposes; which was or- ment of Defense and for military con- dered to lie on the table; as follows: such providers by such Secretary. struction, to prescribe military per- (2) SUBMITTAL OF PLAN.—Not later than 180 Strike section 716 and insert the following: sonnel strengths for such fiscal year, days after the date of the enactment of this

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.044 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3786 CONGRESSIONAL RECORD — SENATE June 4, 2015 Act, the Secretary of Defense and the Sec- quate privacy and cleanliness and that in- SEC. 1024. PROHIBITION ON RETIREMENT OF NU- retary of Veterans Affairs shall jointly sub- cludes an electrical outlet to facilitate the CLEAR POWERED AIRCRAFT CAR- mit to the appropriate committees of Con- use of a breast pump. Restrooms should not RIERS BEFORE FIRST REFUELING. gress each of the plans developed under para- be considered an appropriate location. Section 5062 of title 10, United States Code, graph (1). (2) An allowance for appropriate breaks, is amended by adding at the end the fol- (d) DEFINITIONS.—In this section: when practicable, to permit the member to lowing new subsection: ‘‘(e) A nuclear powered aircraft carrier (1) APPROPRIATE COMMITTEES OF CON- breastfeed or utilize a breast pump. may not be retired before its first refuel- GRESS.—The term ‘‘appropriate committees ing.’’. of Congress’’ means— SA 1620. Mr. COATS submitted an (A) the Committee on Armed Services and amendment intended to be proposed to SA 1622. Mr. MORAN submitted an the Committee on Veterans’ Affairs of the amendment SA 1463 proposed by Mr. amendment intended to be proposed to Senate; and MCCAIN to the bill H.R. 1735, to author- (B) the Committee on Armed Services and amendment SA 1463 proposed by Mr. the Committee on Veterans’ Affairs of the ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- House of Representatives for military activities of the Depart- ize appropriations for fiscal year 2016 (2) SECRETARY CONCERNED.—The term ‘‘Sec- ment of Defense and for military con- for military activities of the Depart- retary concerned’’ means the Secretary of struction, to prescribe military per- ment of Defense and for military con- Defense with respect to matters concerning sonnel strengths for such fiscal year, struction, to prescribe military per- the Department of Defense and the Secretary and for other purposes; which was or- sonnel strengths for such fiscal year, of Veterans Affairs with respect to matters dered to lie on the table; as follows: and for other purposes; which was or- concerning the Department of Veterans Af- dered to lie on the table; as follows: fairs. At the end of subtitle E of title XII, add the following: At the end of subtitle B of title XVI, add SA 1618. Mrs. SHAHEEN submitted SEC. 1264. MILITARY EXCHANGES BETWEEN SEN- the following: an amendment intended to be proposed IOR OFFICERS AND OFFICIALS OF SEC. 1628. SENSE OF CONGRESS ON REVIEWING THE UNITED STATES AND TAIWAN. AND CONSIDERING FINDINGS AND to amendment SA 1463 proposed by Mr. (a) IN GENERAL.—The Secretary of Defense RECOMMENDATIONS OF COUNCIL MCCAIN to the bill H.R. 1735, to author- shall carry out a program of exchanges of OF GOVERNORS ON CYBER CAPA- ize appropriations for fiscal year 2016 senior military officers and senior officials BILITIES OF THE ARMED FORCES. It is the sense of Congress that the Sec- for military activities of the Depart- between the United States and Taiwan de- retary of Defense should review and consider signed to improve military to military rela- ment of Defense and for military con- any findings and recommendations of the tions between the United States and Taiwan. struction, to prescribe military per- Council of Governors pertaining to cyber (b) EXCHANGES DESCRIBED.—For the pur- sonnel strengths for such fiscal year, mission force requirements and any proposed poses of this section, an exchange is an ac- and for other purposes; as follows: reductions in and synchronization of the tivity, exercise, event, or observation oppor- cyber capabilities of active or reserve com- AMENDMENT NO. 1618 tunity between members of the Armed ponents of the Armed Forces. In the appropriate place please insert the Forces and officials of the Department of De- following: fense, on the one hand, and armed forces per- SA 1623. Mr. TESTER submitted an SENSE OF SENATE.—It is the sense of the sonnel and officials of Taiwan, on the other amendment intended to be proposed to hand. Senate that— amendment SA 1463 proposed by Mr. (1) the accidental transfer of live Bacillus (c) FOCUS OF EXCHANGES.—The exchanges anthracis. also known as anthrax, from an under the program carried out pursuant to MCCAIN to the bill H.R. 1735, to author- Army laboratory to more than 28 labora- subsection (a) shall include exchanges fo- ize appropriations for fiscal year 2016 tories located in at least 12 states and three cused on the following: for military activities of the Depart- countries discovered in May 2015 represents a (1) Threat analysis. ment of Defense and for military con- serious safety lapse; (2) Military doctrine. struction, to prescribe military per- (2) the Department of Defense, in coopera- (3) Force planning. sonnel strengths for such fiscal year, tion with the Centers for Disease Control (4) Logistical support. and for other purposes; which was or- and Prevention and the Federal Bureau of (5) Intelligence collection and analysis. dered to lie on the table; as follows: Investigation, should continue to investigate (6) Operational tactics, techniques, and the cause of this lapse and determine if pro- procedures. At the end of subtitle A of title VII, add tective protocols should be strengthened; (7) Humanitarian assistance and disaster the following: (3) the Department of Defense should reas- relief. SEC. 706. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY FOR READJUSTMENT sess standards on a regular basis to ensure (d) CIVIL-MILITARY AFFAIRS.—The ex- COUNSELING FROM DEPARTMENT they are current and effective to prevent a changes under the program carried out pur- OF VETERANS AFFAIRS TO INCLUDE reoccurrence; and suant to subsection (a) shall include activi- MEMBERS OF THE SELECTED RE- (4) the Department of Defense should keep ties and exercises focused on civil-military SERVE OF THE ARMED FORCES. Congress apprised of the investigation, any relations, including parliamentary relations. (a) IN GENERAL.—Beginning not later than potential public health or safety risk, reme- (e) LOCATION OF EXCHANGES.—The ex- one year after the date of the enactment of dial actions taken and plans to regularly re- changes under the program carried out pur- this Act, the Secretary of Veterans Affairs assess standards. suant to subsection (a) shall be conducted in shall commence a three-year pilot program both the United States and Taiwan. to assess the feasibility and advisability of SA 1619. Mrs. SHAHEEN submitted (f) DEFINITIONS.—In this section: furnishing counseling under Section 1712A(a) an amendment intended to be proposed (1) The term ‘‘senior military officer’’, of title 38, United States Code, to any mem- to amendment SA 1463 proposed by Mr. with respect to the Armed Forces, means a ber of the Selected Reserve of the Armed MCCAIN to the bill H.R. 1735, to author- general or flag officer of the Armed Forces Forces who has a behavioral health condi- ize appropriations for fiscal year 2016 on active duty. tion or psychological trauma. (2) The term ‘‘senior official’’, with respect (b) COMPREHENSIVE INDIVIDUAL ASSESS- for military activities of the Depart- to the Department of Defense, means a civil- MENT.—Counseling furnished under the pilot ment of Defense and for military con- ian official of the Department of Defense at program may include a comprehensive indi- struction, to prescribe military per- the level of Assistant Secretary of Defense or vidual assessment under section sonnel strengths for such fiscal year, above. 1712A(a)(1)(B)(i) of such title. and for other purposes; which was or- (c) CONFIDENTIALITY.—The Secretary shall dered to lie on the table; as follows: SA 1621. Mr. COATS submitted an ensure that the confidentiality of individuals furnished counseling under the pilot program At the end of subtitle C of title V, add the amendment intended to be proposed to amendment SA 1463 proposed by Mr. is protected to the same extent as the con- following: fidentiality of individuals furnished coun- SEC. 524. ESTABLISHMENT OF BREASTFEEDING MCCAIN to the bill H.R. 1735, to author- seling under section 1712A(a) of such title. POLICY FOR THE ARMY. ize appropriations for fiscal year 2016 (d) REPORT.— Not later than 180 days after the date of for military activities of the Depart- (1) IN GENERAL.—Not later than 120 days the enactment of this Act, the Secretary of ment of Defense and for military con- after the date of the completion of the pilot the Army shall develop a comprehensive pol- struction, to prescribe military per- program, the Secretary of Veterans Affairs icy regarding breastfeeding by female mem- sonnel strengths for such fiscal year, shall, in consultation with the Secretary of bers of the Army who are breastfeeding. At a and for other purposes; which was or- Defense, submit to Congress a report on the minimum, the policy shall address the fol- findings of the Secretary of Veterans Affairs lowing: dered to lie on the table; as follows: with respect to the pilot program. (1) The provision of a designated room or At the end of subtitle C of title X, add the (2) ELEMENTS.—The report required by area that will provide the member with ade- following: paragraph (1) shall include the following:

VerDate Sep 11 2014 06:20 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.044 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3787 (A) A description of the individuals who ize appropriations for fiscal year 2016 (7) in subsection (i), as so redesignated, by benefitted from counseling under the pilot for military activities of the Depart- adding at the end the following: program. ment of Defense and for military con- ‘‘(3) REQUIREMENTS FOR ACTIVE DUTY (B) A description of any impediments to struction, to prescribe military per- FREEZE ALERTS.— the Secretary in furnishing counseling under ‘‘(A) NOTIFICATION.—Each active duty the pilot program. sonnel strengths for such fiscal year, freeze alert under this section shall include (C) A description of any impediments en- and for other purposes; which was or- information that notifies all prospective countered by individuals in receiving coun- dered to lie on the table; as follows: users of a consumer report on the consumer seling under the pilot program. At the appropriate place, insert the fol- to which the freeze alert relates that the (D) An assessment of the feasibility and lowing: consumer does not authorize the establish- advisability of furnishing counseling under SEC. lll. CREDIT PROTECTIONS FOR ment of any new credit plan or extension of the pilot program to all members of the Se- SERVICEMEMBERS. credit, including any credit under an open- lected Reserve of the Armed Forces who have (a) ACTIVE DUTY FREEZE ALERTS.—Section end credit plan (as defined in section 103(i)), behavioral health conditions or psycho- 605A of the Fair Credit Reporting Act (15 in the name of the consumer, or issuance of logical trauma. U.S.C. 1681c–1) is amended— an additional card on an existing credit ac- (E) Such recommendations for legislative (1) in the heading for such section, by count requested by a consumer, or any in- or administrative action as the Secretary striking ‘‘AND ACTIVE DUTY ALERTS’’ and increase in credit limit on an existing credit considers appropriate with respect to the serting ‘‘, ACTIVE DUTY ALERTS, AND ACTIVE account requested by a consumer. furnishing of counseling to such members. DUTY FREEZE ALERTS’’; ‘‘(B) PROHIBITION ON USERS.—No prospec- ET CENTER DEFINED.—In this section, (e) V (2) by redesignating subsections (d) tive user of a consumer report that includes the term ‘‘Vet Center’’ means a center for re- through (h) as subsections (e) through (i), re- an active duty freeze alert in accordance adjustment counseling and related mental spectively; with this section may establish a new credit health services for veterans under section (3) by inserting after subsection (c) the fol- plan or extension of credit, including any 1712A of title 38, United States Code. lowing: credit under an open-end credit plan (as defined in section 103(i)), in the name of the Mr. TESTER submitted an ‘‘(d) ACTIVE DUTY FREEZE ALERTS.—Upon SA 1624. the direct request of an active duty military consumer, or issue an additional card on an amendment intended to be proposed to consumer, or an individual acting on behalf existing credit account requested by a con- amendment SA 1463 proposed by Mr. of or as a personal representative of an ac- sumer, or grant any increase in credit limit MCCAIN to the bill H.R. 1735, to author- tive duty military consumer, a consumer re- on an existing credit account requested by a ize appropriations for fiscal year 2016 porting agency described in section 603(p) consumer.’’. for military activities of the Depart- that maintains a file on the active duty mili- (b) RULEMAKING.—The Bureau of Consumer ment of Defense and for military con- tary consumer and has received appropriate Financial Protection shall prescribe regula- proof of the identity of the requester, at no tions to define what constitutes appropriate struction, to prescribe military per- proof of identity for purposes of section sonnel strengths for such fiscal year, cost to the active duty military consumer while the consumer is deployed, shall— 605A(d) of the Fair Credit Reporting Act, as and for other purposes; which was or- ‘‘(1) include an active duty freeze alert in amended by subsection (a). dered to lie on the table; as follows: the file of that active duty military con- (c) TECHNICAL AMENDMENT.—Section At the end of subtitle A of title V, add the sumer, and also provide that alert along with 603(q)(2) of the Fair Credit Reporting Act (15 following: any credit score generated in using that file, U.S.C. 1681a(q)(2)) is amended— SEC. 706. PROVISION OF BEHAVIORAL HEALTH during a period of not less than 12 months, or (1) in the heading for such paragraph, by READINESS SERVICES TO CERTAIN such longer period as the Bureau shall deter- striking ‘‘ACTIVE DUTY ALERT’’ and inserting MEMBERS OF THE SELECTED RE- mine, by regulation, beginning on the date of ‘‘ACTIVE DUTY ALERT; ACTIVE DUTY FREEZE SERVE BASED ON NEED. the request, unless the active duty military ALERT’’; and (a) PROVISION AUTHORIZED.—Section consumer or such representative requests (2) by inserting ‘‘and ‘active duty freeze 1074a(g) of title 10, United States Code, is that such freeze alert be removed before the alert’ ’’ before ‘‘mean’’. amended— end of such period, and the agency has re- (1) by redesignating paragraphs (2) and (3) ceived appropriate proof of the identity of SA 1626. Mr. TESTER (for himself as paragraphs (3) and (4), respectively; and the requester for such purpose; and Mr. MORAN) submitted an amend- (2) by inserting after paragraph (1) the fol- ‘‘(2) during the 2-year period beginning on ment intended to be proposed to lowing new paragraph (2): the date of such request, exclude the active amendment SA 1463 proposed by Mr. ‘‘(2) The Secretary concerned may also pro- duty military consumer from any list of con- vide to any member of the Selected Reserve MCCAIN to the bill H.R. 1735, to author- sumers prepared by the consumer reporting ize appropriations for fiscal year 2016 not described in subsection (d)(1) or (f) care agency and provided to any third party to for behavioral health conditions if the Sec- offer credit or insurance to the consumer as for military activities of the Depart- retary determines, based on the most recent part of a transaction that was not initiated ment of Defense and for military con- medical exam or mental health assessment by the consumer, unless the consumer re- struction, to prescribe military per- of such member, that the receipt of such care quests that such exclusion be rescinded be- sonnel strengths for such fiscal year, by such member will ensure that such mem- fore the end of such period; and and for other purposes; which was or- ber meets applicable standards of medical ‘‘(3) refer the information regarding the ac- dered to lie on the table; as follows: readiness.’’. tive duty freeze alert to each of the other At the end of subtitle A of title V, add the (b) FUNDING.—Subject to applicable provi- consumer reporting agencies described in following: sions of appropriations Acts, amounts avail- section 603(p), in accordance with procedures able to the Department of Defense for the developed under section 621(f).’’; SEC. 1116. ADDITIONAL LEAVE FOR FEDERAL EM- Defense Health Program shall be available (4) in subsection (e), as so redesignated— PLOYEES WHO ARE DISABLED VET- ERANS. for the provision of behavioral health serv- (A) by striking ‘‘extended, and active duty (a) IN GENERAL.—Subchapter II of chapter ices under section 1074a(g) of title 10, United alerts’’ and inserting ‘‘extended, active duty, 63 of title 5, United States Code, is amended States Code (as amended by subsection (a)). and active duty freeze alerts’’; and by adding at the end the following: (c) BUDGETING FOR HEALTH CARE.—In deter- (B) by striking ‘‘extended, or active duty mining the amounts to be required for be- alerts’’ and inserting ‘‘extended, active duty, ‘‘§ 6329. Disabled veteran leave havioral health services for members of the or active duty freeze alerts’’; ‘‘(a) DEFINITIONS.—In this section— Selected Reserve under section 1074a(g) of (5) in subsection (f), as so redesignated— ‘‘(1) notwithstanding section 6301, the term title 10, United States Code (as so amended), (A) in the matter preceding paragraph (1), ‘employee’— for purposes of the budget of the President by striking ‘‘or active duty alert’’ and in- ‘(A) has the meaning given such term in for fiscal years after fiscal year 2016, as sub- serting ‘‘active duty alert, or active duty section 2105; and mitted to Congress pursuant to section 1105 freeze alert’’; ‘‘(B) includes an officer or employee of the of title 31, United States Code, the Assistant (B) in paragraph (2), by striking ‘‘; and’’ United States Postal Service or of the Postal Secretary of Defense for Health Affairs shall and inserting a semicolon; Regulatory Commission; consult with appropriate officials having re- (C) in paragraph (3), by striking the period ‘‘(2) the term ‘service-connected’ has the sponsibility for the administration of the re- and inserting ‘‘; and’’; and meaning given such term in section 101(16) of serve components of the Armed Forces, in- (D) by adding at the end the following: title 38; and cluding the Chief of the National Guard Bu- ‘‘(4) paragraphs (1) and (2) of subsection (d), ‘‘(3) the term ‘veteran’ has the meaning reau with respect to the National Guard. in the case of a referral under subsection given such term in section 101(2) of title 38. (d)(3).’’; ‘‘(b) LEAVE CREDITED.—During the 12- SA 1625. Mr. TESTER submitted an (6) in subsection (g), as so redesignated, by month period beginning on the first day of amendment intended to be proposed to striking ‘‘or active duty alert’’ and inserting the employment of an employee who is a vet- amendment SA 1463 proposed by Mr. ‘‘active duty alert, or active duty freeze eran with a service-connected disability MCCAIN to the bill H.R. 1735, to author- alert’’; and rated as 30 percent or more disabling, the

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.045 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3788 CONGRESSIONAL RECORD — SENATE June 4, 2015 employee is entitled to leave, without loss or SA 1628. Ms. AYOTTE (for herself, expended, and an identification of entities reduction in pay, for purposes of undergoing Mr. PETERS, Mr. GRAHAM, and Mr. that expended the funds. medical treatment for such disability for RUBIO) submitted an amendment in- (3) ASSISTANCE.—The Secretary of Defense, which sick leave could regularly be used. tended to be proposed to amendment upon request of the Government of Israel, is ‘‘(c) LIMITATIONS.— authorized to provide procurement, mainte- C AIN ‘‘(1) AMOUNT OF LEAVE.— The leave cred- SA 1463 proposed by Mr. M C to the nance, and sustainment assistance to Israel ited to an employee under subsection (b) bill H.R. 1735, to authorize appropria- in support of the anti-tunnel capabilities re- may not exceed 104 hours. tions for fiscal year 2016 for military search, development, test, and evaluation ac- ‘‘(2) NO CARRY OVER.—Any leave credited to activities of the Department of Defense tivities authorized in paragraph (1). an employee under subsection (b) that is not and for military construction, to pre- (d) REPORTS.— used during the 12-month period described in scribe military personnel strengths for (1) INITIAL REPORT.—The Secretary of De- such subsection may not be carried over and such fiscal year, and for other pur- fense shall submit to the appropriate committees of Congress a report that contains a shall be forfeited. poses; which was ordered to lie on the ‘‘(d) CERTIFICATION.—In order to verify that copy of the memorandum of understanding leave credited to an employee under sub- table; as follows: and other documents between the United section (b) is used for treating a service-con- Strike section 1272, and insert the fol- States and Israel as described in subsection nected disability, the employee shall submit lowing: (c)(2). to the head of the employing agency a cer- SEC. 1272. UNITED STATES-ISRAEL ANTI-TUNNEL (2) QUARTERLY REPORTS.—The Secretary tification, in such form and manner as the COOPERATION. shall submit to the appropriate committees Director of the Office of Personnel Manage- (a) FINDINGS.—Congress makes the fol- of Congress on a quarterly basis a report ment may prescribe, that the employee used lowing findings: that contains a copy of the most recent the leave for purposes of being furnished (1) Tunnels can be used for criminal pur- quarterly report provided by the Govern- treatment for the disability by a health care poses, such as smuggling drugs, weapons, or ment of Israel to the Department of Defense provider.’’. humans, or for terrorist or military pur- pursuant to subsection (c)(2)(B)(iii). (b) TECHNICAL AND CONFORMING AMEND- poses, such as launching surprise attacks or (e) APPROPRIATE COMMITTEES OF CONGRESS MENT.— detonating explosives underneath civilian or DEFINED.—In this section, the term ‘‘appro- The table of sections for chapter 63 of title military infrastructure. priate committees of Congress’’ means— 5, United States Code, is amended by adding (2) Tunnels have been a growing threat on (1) the Committee on Armed Services, the after the item relating to section 6328 the the southern border of the United States for Committee on Foreign Relations, the Com- following: years. mittee on Homeland Security, and the Com- ‘‘6329. Disabled veteran leave.’’. (3) In the conflict in Gaza in 2014, terrorists mittee on Appropriations of the Senate; and (2) the Committee on Armed Services, the (c) APPLICATION.—The amendment made by used tunnels to conduct attacks against subsection (a) shall apply with respect to an Israel. Committee on Foreign Affairs, the Com- mittee on Homeland Security, and the Com- employee (as that term is defined in section (b) SENSE OF CONGRESS.—It is the sense of 6329(a)(1) of title 5, United States Code, as Congress that— mittee on Appropriations of the House of added by subsection (a)) hired on or after the (1) it is in the national security interests Representatives. date that is 1 year after the date of enact- of the United States to develop technology SA 1629. Mr. COTTON (for himself ment of this Act. to detect and counter tunnels, and the best and Mr. RUBIO) submitted an amend- way to do this is to partner with other af- SA 1627. Mr. TESTER (for himself, fected countries; ment intended to be proposed to Mr. ENZI, Mr. COONS, Mr. BLUMENTHAL, (2) the Administration should, on a joint amendment SA 1463 proposed by Mr. Mr. DAINES, Mr. BROWN, and Mrs. basis with Israel, carry out research, devel- MCCAIN to the bill H.R. 1735, to author- GILLIBRAND) submitted an amendment opment, test, and evaluation of anti-tunnel ize appropriations for fiscal year 2016 intended to be proposed to amendment capabilities to detect, map, and neutralize for military activities of the Depart- underground tunnels into and directed at the ment of Defense and for military con- SA 1463 proposed by Mr. MCCAIN to the territory of Israel; and bill H.R. 1735, to authorize appropria- struction, to prescribe military per- (3) the Administration should use devel- sonnel strengths for such fiscal year, tions for fiscal year 2016 for military oped anti-tunnel capabilities to better pro- activities of the Department of Defense tect the United States and deployed United and for other purposes; which was or- and for military construction, to pre- States military personnel. dered to lie on the table; as follows: scribe military personnel strengths for (c) ASSISTANCE TO ISRAEL TO ESTABLISH At the end of subtitle B of title XXXI, add the following: such fiscal year, and for other pur- ANTI-TUNNEL CAPABILITIES.— SEC. 3124. ENSURING UNITED STATES CIVIL NU- poses; which was ordered to lie on the (1) IN GENERAL.—The Secretary of Defense, upon request of the Ministry of Defense of CLEAR COMPONENTS ARE NOT ILLE- table; as follows: Israel, is authorized to carry out research, GALLY DIVERTED TO NUCLEAR NAVAL PROPULSION PROGRAMS. At the end of subtitle A of title V, add the development, test, and evaluation, on a joint following: Section 57 of the Atomic Energy Act of basis with Israel, to establish anti-tunnel ca- 1954 (42 U.S.C. 2077) is amended by adding at SEC. 141. C–130 FLEET MODERNIZATION. pabilities to detect, map, and neutralize un- the end the following new subsection: (a) AFFIRMATION OF AUTHORITY TO MOD- derground tunnels into and directed at the ‘‘(f)(1) Except as provided in paragraph (2), ERNIZE.—Congress affirms that, for the pur- territory of Israel. Such authority includes the Secretary may not make an authoriza- poses of modernizing the C–130 aircraft fleet, authority to construct facilities and install tion under subsection b.(2) with respect to a the Air Force has authority to undertake equipment necessary to carry out research, foreign country with a nuclear naval propul- safety and compliance upgrades in lieu of the development, test, and evaluation so author- sion program unless— C–130 aircraft avionics modernization pro- ized. ‘‘(A) the Director of National Intelligence gram of record to meet applicable regula- (2) CERTIFICATION.—The activities de- and the Chief of Naval Operations jointly tions of the Federal Aviation Administration scribed in paragraphs (1) and (3) may be car- submit to the appropriate congressional by 2020. ried out after the Secretary of Defense cer- committees an assessment of the risks of di- (b) REPLACEMENT OF LIMITATION.—Section tifies to Congress the following: version, and the likely consequences of such 134 of the Carl Levin and Howard P. ‘‘Buck’’ (A) The Secretary has finalized a memo- diversion, of the technology and material McKeon National Defense Authorization Act randum of understanding or other formal covered by such authorization; and for Fiscal Year 2015 (Public Law 113–291; 128 agreement between the United States and ‘‘(B) following the date on which such as- Stat. 3317) is amended by striking subsection Israel regarding sharing of research and de- sessment is submitted, the Administrator for (b) and inserting the following new sub- velopment costs for the capabilities de- Nuclear Security certifies to the appropriate section (b): scribed in paragraph (1). congressional committees that— ‘‘(b) COORDINATION WITH FAA IN IMPLEMEN- (B) The understanding or agreement— ‘‘(i) there is sufficient diversion control as TATION OF ALTERNATIVE PROGRAM.—If the (i) requires sharing of costs of projects, in- part of the authorization; and Secretary of the Air Force implements in ac- cluding in-kind support, between the United ‘‘(ii) the authorization presents a minimal cordance with subsection (a)(2) the alter- States and Israel; risk of diversion of such technology and ma- native communication, navigation, surveil- (ii) establishes a framework to negotiate terial to a military program that would de- lance, and air traffic management program the rights to any intellectual property devel- grade the technical advantage of the United described in subsection (a)(1)(3), the Sec- oped under the cooperative research and de- States. retary shall coordinate with the Adminis- velopment projects; and ‘‘(2) The limitation under paragraph (1) trator of the Federal Aviation Administra- (iii) requires the United States Govern- shall not apply with respect to France or the tion in the implementation of such program ment to receive quarterly reports on expend- United Kingdom. in order to meet or otherwise satisfy applica- iture of funds, if any, by the Government of ‘‘(3) In this subsection, the term ‘appro- ble safety and compliance airspace regula- Israel, including a description of what the priate congressional committees’ means the tions.’’ funds have been used for, when funds were following:

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‘‘(A) The congressional defense committees (1) withdraw from any arrangement under (6) MAJOR VIOLATOR.—The term ‘‘major vi- (as defined in section 101(a)(16) of title 10, which the Secretary of Veterans Affairs and olator’’ means a person or entity that has United States Code). the Secretary of Defense jointly operate a engaged in serious criminal activities at any ‘‘(B) The Select Committee on Intelligence hospital; land, air, or sea port of entry, including— of the Senate and the Permanent Select (2) reduce or eliminate staffing, funding, or (A) possession of illicit drugs; Committee on Intelligence of the House of the provision of other resources to a hospital (B) smuggling of prohibited products; Representatives. that is so jointly operated; or (C) human smuggling; ‘‘(C) The Committee on Foreign Relations (3) limit the access of veterans to any such (D) weapons possession; of the Senate and the Committee on Foreign hospital. (E) use of fraudulent United States docu- Affairs of the House of Representatives.’’. (b) EXCEPTION.—The Secretary of Veterans ments; or Affairs may carry out an action listed in (F) other offenses serious enough to result SA 1630. Ms. MURKOWSKI submitted paragraphs (1) through (3) of subsection (a) in arrest. an amendment intended to be proposed with respect to a hospital if the Secretary (7) SITUATIONAL AWARENESS.—The term to amendment SA 1463 proposed by Mr. submits a report to the Secretary of Defense, ‘‘situational awareness’’ means knowledge MCCAIN to the bill H.R. 1735, to author- the appropriate committees of Congress, and and unified understanding of current unlaw- ize appropriations for fiscal year 2016 each Member of the Senate and the House of ful cross-border activity, including— Representatives who represents the State in (A) threats and trends concerning illicit for military activities of the Depart- which the hospital is located— trafficking and unlawful crossings; ment of Defense and for military con- (1) providing 180 days advance notice of the (B) the ability to forecast future shifts in struction, to prescribe military per- intent of the Secretary of Veterans Affairs such threats and trends; sonnel strengths for such fiscal year, to carry out the action; and (C) the ability to evaluate such threats and and for other purposes; which was or- (2) specifying the reasons of the Secretary trends at a level sufficient to create action- dered to lie on the table; as follows: for carrying out the action. able plans; and At the end of subtitle G of title X, add the (c) APPROPRIATE COMMITTEES OF CONGRESS (D) the operational capability to conduct following: DEFINED.—In this section, the term ‘‘appro- continuous and integrated surveillance of priate committees of Congress’’ means— the international borders of the United SEC. 1085. REQUIREMENT TO CONTACT CERTAIN TRICARE PROVIDERS TO DETER- (1) the Committee on Armed Services, the States. MINE INTEREST IN PARTICIPATING Committee on Veterans’ Affairs, and the (8) TRANSIT ZONE.—The term ‘‘transit IN CHOICE PROGRAM OF DEPART- Committee on Appropriations of the Senate; zone’’ means the sea corridors of the western MENT OF VETERANS AFFAIRS. and Atlantic Ocean, the Gulf of Mexico, the Car- (a) SUBMITTAL OF LIST.— (2) the Committee on Armed Services, the ibbean Sea, and the eastern Pacific Ocean (1) IN GENERAL.—Not later than 60 days Committee on Veterans’ Affairs, and the through which undocumented migrants and after the date of the enactment of this Act, Committee on Appropriations of the House illicit drugs transit, either directly or indi- the Secretary of Defense shall submit to the of Representatives. rectly, to the United States. Secretary of Veterans Affairs a list of all (9) TURN BACK.—The term ‘‘turn back’’ health care providers who participate in the SA 1632. Mr. MCCAIN (for himself and means an unlawful border crosser who, after TRICARE program and who are not health Mr. JOHNSON) submitted an amendment making an unlawful entry into the United care providers of the Department of Defense. intended to be proposed to amendment States, returns to the country from which (2) UPDATE.—Not less frequently than SA 1463 proposed by Mr. MCCAIN to the such crosser entered. twice each year after the submittal of the bill H.R. 1735, to authorize appropria- (10) UNLAWFUL BORDER CROSSING EFFECTIVE- NESS RATE.— list under paragraph (1), the Secretary of De- tions for fiscal year 2016 for military (A) IN GENERAL.—The term ‘‘unlawful bor- fense shall submit to the Secretary of Vet- activities of the Department of Defense erans Affairs an update to such list. der crossing effectiveness rate’’ means the (b) DETERMINATION OF INTEREST IN PARTICI- and for military construction, to pre- percentage that results from dividing— PATION.—The Secretary of Veterans Affairs scribe military personnel strengths for (i) the number of apprehensions and turn shall contact each provider included in the such fiscal year, and for other pur- backs; by list submitted under paragraph (1) or any up- poses; which was ordered to lie on the (ii) the number of apprehensions, turn date to such list submitted under paragraph table; as follows: backs, and got aways. (2) to determine whether any such provider At the appropriate place, insert the fol- (B) MANNER OF COLLECTION.—The data used would be interested in furnishing care to vet- lowing: by the Secretary of Homeland Security to erans under section 101 of the Veterans Ac- determine the unlawful border crossing ef- cess, Choice, and Accountability Act of 2014 Subtitle ll—Border Security Effectiveness fectiveness rate shall be collected and re- (Public Law 113–146; 38 U.S.C. 1701 note). Metrics ported in a consistent and standardized man- (c) TRICARE PROGRAM DEFINED.—In this SEC. ll1. DEFINITIONS. ner across all Border Patrol sectors, in- section, the term ‘‘TRICARE program’’ has In this subtitle: formed by situational awareness. the meaning given that term in section 1072 (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. ll2. METRICS FOR SECURING THE BORDER of title 10, United States Code. TEES.—The term ‘‘appropriate congressional BETWEEN PORTS OF ENTRY. committees’’ means— (a) IN GENERAL.—Not later than 120 days SA 1631. Ms. MURKOWSKI submitted (A) the Committee on Homeland Security after the date of the enactment of this Act an amendment intended to be proposed and Governmental Affairs of the Senate; and and annually thereafter, the Chief of the to amendment SA 1463 proposed by Mr. (B) the Committee on Homeland Security Border Patrol shall develop metrics, in- MCCAIN to the bill H.R. 1735, to author- of the House of Representatives. formed by situational awareness, to measure ize appropriations for fiscal year 2016 (2) COCAINE REMOVAL EFFECTIVENESS the effectiveness of security between ports of RATE.—The term ‘‘cocaine removal effective- entry. The metrics developed under this sub- for military activities of the Depart- ness rate’’ means the percentage that results section shall include— ment of Defense and for military con- from dividing— (1) an unlawful border crossing effective- struction, to prescribe military per- (A) the amount of cocaine removed by the ness rate, which is informed by situational sonnel strengths for such fiscal year, Department of Homeland Security’s mari- awareness; and for other purposes; which was or- time security components inside or outside a (2) a probability of detection, which com- dered to lie on the table; as follows: transit zone, as the case may be; by pares the estimated total unlawful border At the end of subtitle G of title X, add the (B) the total documented cocaine flow crossing attempts not detected by the Border following: rate, as contained in Federal drug databases. Patrol to the unlawful border crossing effec- ONSEQUENCE DELIVERY SYSTEM SEC. 1085. MAINTENANCE BY DEPARTMENT OF (3) C .—The tiveness rate; VETERANS AFFAIRS OF CERTAIN term ‘‘Consequence Delivery System’’ means (3) a weight-to-frequency rate, which com- JOINT VENTURES WITH DEPART- the series of consequences applied by the pares the average weight of marijuana seized MENT OF DEFENSE. Border Patrol to persons unlawfully entering per seizure by the Border Patrol in any fiscal (a) IN GENERAL.—Except as provided in the United States to prevent unlawful border year to such weight-to-frequency rate for the subsection (b) and notwithstanding the pol- crossing recidivism. immediately preceding 5 fiscal years; icy statement of the Department of Veterans (4) FEDERAL LANDS.—The term ‘‘Federal (4) a situational awareness achievement Affairs dated May 12, 2015, and entitled ‘‘Vet- lands’’ includes all land under the control of metric, which measures the amount of situa- erans Health Administration Hierarchy for the Secretary of Defense, the Secretary of tional awareness achieved in each Border Pa- Purchased Care’’ or any other policy of the Agriculture, or the Secretary of the Interior trol sector; Department relating to purchased care for along the international border between the (5) an illicit drugs seizure rate, which com- purposes of implementing section 101 of the United States and Mexico. pares the amount and type of illicit drugs Veterans Access, Choice, and Accountability (5) GOT AWAY.—The term ‘‘got away’’ seized by the Border Patrol in any fiscal year Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 means an unlawful border crosser who, after to an average of the amount and type of il- note), the Secretary of Veterans Affairs may making an unlawful entry into the United licit drugs seized by the Border Patrol in the not— States, is not turned back or apprehended. immediately preceding 5 fiscal years;

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.047 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3790 CONGRESSIONAL RECORD — SENATE June 4, 2015 (6) in consultation with the Office of Na- (C) the inflow into the United States of in- number of events with respect to which the tional Drug Control Policy and the United admissible border crossers who evade appre- Department has known threat information. States Southern Command, a cocaine seizure hension; (b) METRICS CONSULTATION.—In developing effectiveness rate, which is the percentage (5) the number of infractions related to the metrics required under subsection (a), resulting from dividing— personnel and cargo committed by major the Commandant of the Coast Guard and the (A) the amount of cocaine seized by the violators who are apprehended by the Office Assistant Commissioner for Air and Marine Border Patrol; by of Field Operations of U.S. Customs and Bor- shall consult with staff members of the Of- (B) the total documented cocaine flow rate der Protection at ports of entry, and the es- fice of Policy at the Department of Home- between ports of entry along the Southern timated number of such infractions com- land Security and staff members of the Of- land border; mitted by major violators who are not appre- fice of the Chief Financial Officer of the De- (7) estimates, using alternative methodolo- hended; partment of Homeland Security. gies, including recidivism data, survey data, (6) a measurement of how border security SEC. ll5. AIR AND MARINE SECURITY METRICS known-flow data, and technologically meas- operations affect border crossing times; IN THE LAND DOMAIN. ured data, of— (7) the amount and type of illicit drugs (a) IN GENERAL.—Not later than 120 days (A) total attempted unlawful border cross- seized by the Office of Field Operations of after the date of the enactment of this Act ings; U.S. Customs and Border Protection at and annually thereafter, the Assistant Com- (B) the rate of apprehension of attempted United States seaports during the previous missioner for the Office of Air and Marine for unlawful border crossers; and fiscal year; and U.S. Customs and Border Protection shall (C) the inflow into the United States of un- (8) a cargo scanning rate, which compares implement metrics, informed by situational lawful border crossers who evade apprehen- the number of cargo containers scanned by awareness, to measure the effectiveness of sion; and the Office of Field Operations of U.S. Cus- security in the aviation environment. The (8) estimates of the impact of the Border toms and Border Protection at each United metrics developed under this subsection Patrol’s Consequence Delivery System on States seaport during the previous fiscal shall include— the rate of recidivism of unlawful border year to the total number of cargo containers (1) a requirement effectiveness rate, which crossers over multiple fiscal years and an ex- entering the United States at each seaport compares U.S. Customs and Border Protec- amination of each consequence, including— during the previous fiscal year. tion’s Office of Air and Marine flight hours (A) voluntary return; (b) METRICS CONSULTATION.—In developing requirements to the number of flight hours (B) warrant of arrest or notice to appear; the metrics required under subsection (a), actually flown by such Office; (C) expedited removal; the Assistant Commissioner for the Office of (2) a funded flight hours effectiveness rate, (D) reinstatement of removal; Field Operations shall consult with staff which compares the number of funded flight members of the Office of Policy at the De- (E) alien transfer exit program; hours appropriated to U.S. Customs and Bor- partment of Homeland Security and staff (F) streamline; der Protection’s Office of Air and Marine to members of the Office of the Chief Financial (G) standard prosecution; and the number of actual flight hours flown by Officer of the Department of Homeland Secu- (H) Operation Against Smugglers Initia- such Office; rity. tive on Safety and Security. (3) a readiness rate, which compares the SEC. ll4. METRICS FOR SECURING THE MARI- (b) METRICS CONSULTATION.—In developing number of aviation missions flown by U.S. the metrics required under subsection (a), TIME BORDER. Customs and Border Protection’s Office of the Chief of the Border Patrol shall consult (a) IN GENERAL.—Not later than 120 days Air and Marine to the number of aviation with staff members of the Office of Policy of after the date of the enactment of this Act missions cancelled by such Office due to the Department of Homeland Security and and annually thereafter, the Commandant of weather, maintenance, operations, or other staff members of the Office of the Chief Fi- the United States Coast Guard and the As- nancial Officer of the Department of Home- sistant Commissioner for the Office of Air causes; land Security. and Marine for U.S. Customs and Border Pro- (4) the number of subjects detected by U.S. Customs and Border Protection’s Office of SEC. ll3. METRICS FOR SECURING THE BORDER tection shall jointly implement metrics, in- AT PORTS OF ENTRY. formed by situational awareness, to measure Air and Marine through the use of unmanned (a) IN GENERAL.—Not later than 120 days the effectiveness of security in the maritime aerial systems; after the date of the enactment of this Act, environment. The metrics developed under (5) the number of apprehensions assisted by and annually thereafter, the Assistant Com- this subsection shall include— U.S. Customs and Border Protection’s Office missioner for the Office of Field Operations (1) an estimate of the total number of un- of Air and Marine through the use of unin U.S. Customs and Border Protection shall documented migrants who were not inter- manned aerial systems; develop metrics, informed by situational dicted by the Department of Homeland Secu- (6) the number and quantity of illicit drug awareness, to measure the effectiveness of rity’s maritime security components; seizures assisted by U.S. Customs and Border security at ports of entry. The metrics devel- (2) an undocumented migrant interdiction Protection’s Office of Air and Marine oped under this subsection shall include— rate, which compares the flow of undocu- through the use of unmanned aerial systems; (1) an inadmissible border crossing rate, mented migrants interdicted against the and which is measured by dividing— total estimated number of undocumented (7) a detailed description of how, where, (A) the number of known inadmissible bor- migrants who were not interdicted by the and for how long data and images collected der crossers who are denied entry, excluding Department of Homeland Security’s mari- through the use of unmanned aerial systems those border crossers who voluntarily with- time security components; by U.S. Customs and Border Protection is draw their applications for admission; by (3) an illicit drugs removal rate, which collected and stored. (B) the total estimated number of inadmis- compares the amount and type of illicit (b) METRICS CONSULTATION.—In developing sible border crossers who attempt entry; drugs removed by the Department of Home- the metrics required under subsection (a), (2) an illicit drugs seizure rate, which com- land Security’s maritime security compo- the Assistant Commissioner for Air and Ma- pares the amount and type of illicit drugs nents inside a transit zone in any fiscal year rine shall consult with staff members of the seized by the Office of Field Operations of to an average of the amount and type of il- Office of Policy at the Department of Home- U.S. Customs and Border Protection in any licit drugs removed by the Department of land Security and staff members of the Of- fiscal year to an average of the amount and Homeland Security’s maritime security com- fice of the Chief Financial Officer of the De- type of illicit drugs seized by U.S. Customs ponents inside a transit zone for the imme- partment of Homeland Security. and Border Protection for the immediately diately preceding 5 fiscal years; SEC. ll6. METRICS FOR SECURING THE BORDER preceding 5 fiscal years; (4) an illicit drugs removal rate, which ON FEDERAL LANDS. (3) in consultation with the Office of Na- compares the amount and type of illicit (a) IN GENERAL.—Not later than 120 days tional Drug Control Policy and the United drugs removed by the Department of Home- after the date of the enactment of this Act States Southern Command, a cocaine seizure land Security’s maritime security compo- and annually thereafter, the Chief of the effectiveness rate, which is the percentage nents outside a transit zone in any fiscal Border Patrol shall develop metrics, in- resulting from dividing— year to an average of the amount and type of formed by situational awareness, to measure (A) the amount of cocaine seized by the Of- illicit drugs removed by the Department of the effectiveness of security between ports of fice of Field Operations of U.S. Customs and Homeland Security’s maritime security com- entry on Federal lands. The metrics devel- Border Protection; by ponents outside a transit zone for the imme- oped under this subsection shall include— (B) the total documented cocaine flow rate diately preceding 5 fiscal years; (1) an unlawful border crossing effective- at ports of entry along the Southern land (5) a cocaine removal effectiveness rate in- ness rate, which is informed by situational border; side a transit zone and outside a transit awareness; (4) estimates, using alternative methodolo- zone; and (2) a probability of detection, which com- gies, including survey data and randomized (6) a response rate, which compares the pares the estimated total unlawful border secondary screening data, of— ability of the maritime security components crossing attempts not detected by the Border (A) total attempted inadmissible border of the Department of Homeland Security to Patrol to the unlawful border crossing effec- crossers; respond to and resolve known maritime tiveness rate; (B) the rate of apprehension of attempted threats, whether inside and outside a transit (3) a weight-to-frequency rate, which com- inadmissible border crossers; and zone, by placing assets on-scene, to the total pares the average weight of marijuana seized

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BORDER SECURITY ON FEDERAL (C) specific ways in which such memoranda year to such weight-to-frequency rate for the LANDS ALONG THE SOUTHERN BOR- could be used to ensure that the Department immediately preceding 5 fiscal years; DER. of Homeland Security receives timely access (4) a situational awareness achievement (a) DEFINITIONS.—In this section: to Federal lands for critical border security metric, which measures the amount of situa- (1) BORDER SECURITY.—The term ‘‘border activities; and tional awareness achieved in each Border Pa- security’’ means— (D) the number of agency personnel re- trol sector; (A) the functioning and operational capa- quired to effectively and efficiently execute (5) an illicit drugs seizure rate, which com- bility to conduct continuous and integrated such memoranda; pares the amount and type of illicit drugs manned or unmanned, monitoring, sensing, (3) a sector-by-sector analysis of the ex- seized by the Border Patrol in any fiscal year or surveillance of 100 percent of Southern pected impact of applying the requirements to an average of the amount and type of il- border mileage within the Tucson and Yuma under subsection (b) to the entire land bor- licit drugs seized by the Border Patrol in the sectors or the immediate vicinity of the der of the United States, including— immediately preceding 5 fiscal years; Southern border within the Tucson and (A) an assessment of— (6) in consultation with the Office of Na- Yuma Sectors; and (i) how border security activities and nat- tional Drug Control Policy and the United (B) the apprehension or turn back of illegal ural, cultural, and historic resources on Fed- States Southern Command, a cocaine seizure entries across the Southern border in the eral and Indian lands would be impacted, in- effectiveness rate, which is the percentage Tucson and Yuma sectors. cluding the potential impact on wildlife, in- resulting from dividing— (2) FEDERAL LANDS.—The term ‘‘Federal cluding endangered species; (A) the amount of cocaine seized by the lands’’ includes all land under the control of (ii) any actions the Department of Home- Border Patrol; by the Secretary concerned that is located— land Security would need to take to mitigate (B) the total documented cocaine flow rate (A) within 100 miles of the international the impact of border security actions, in- between ports of entry on Federal lands border between the United States and Mex- cluding the estimated costs of such actions; along the Southern land border; ico; and and (7) estimates, using alternative methodolo- (B) within the Tucson and Yuma sectors of (iii) whether lack of access hinders border gies, including recidivism data, survey data, United States Border Patrol. security; and known-flow data, and technologically meas- (3) SECRETARY CONCERNED.—The term ‘‘Sec- (B) an examination of the impact of pro- ured data, of— retary concerned’’ means— viding the Department of Homeland Security (A) total attempted unlawful border cross- (A) with respect to land under the jurisdic- with increased access to Federal and Indian ings; tion of the Secretary of Agriculture, the Sec- lands located within— (B) the rate of apprehension of attempted retary of Agriculture; and (i) 25 miles of the United States border; unlawful border crossers; and (B) with respect to land under the jurisdic- (ii) 50 miles of the United States border, or (C) the inflow into the United States of un- tion of the Secretary of the Interior, the Sec- (iii) 100 miles of the United States border; lawful border crossers who evade apprehen- retary of the Interior. and (b) SUPPORT FOR BORDER SECURITY sion. (4) a sector-by-sector analysis of— NEEDS.— (A) the costs incurred by each Secretary (b) METRICS CONSULTATION.—In developing (1) IN GENERAL.—To achieve border secu- concerned relating to managing and miti- the metrics required under subsection (a), rity on Federal lands— gating for illegal border activity on Federal the Chief of the Border Patrol shall consult (A) notwithstanding any other provision of lands, including the cost of restoring natural with the Office of Policy of the Department law, the Secretary concerned shall provide resources that were damaged by illegal bor- of Homeland Security and the Office of the U.S. Customs and Border Protection per- der activity; Chief Financial Officer of the Department of sonnel with immediate access to Federal (B) the impact of illegal traffic on wildlife, Homeland Security. lands for border security activities, includ- including endangered species and critical ing— SEC. ll7. EVALUATION BY THE GOVERNMENT habitat; and ACCOUNTABILITY OFFICE. (i) routine motorized patrols; and (C) the impact of illegal traffic on natural, (ii) the deployment of communications, (a) IN GENERAL.—The metrics required cultural, and historic resources on Federal surveillance, and detection equipment; under sections ll2 through ll6, and the lands. data and methodology used to develop such (B) the Secretary concerned may provide metrics, shall be provided annually to— education and training to U.S. Customs and SA 1634. Mr. BLUNT submitted an (1) the appropriate congressional commit- Border Protection personnel on the natural and cultural resources present on individual amendment intended to be proposed to tees; amendment SA 1463 proposed by Mr. (2) the Comptroller General of the United Federal land units; and MCCAIN to the bill H.R. 1735, to author- States; and (C) the security activities described in sub- (3) the head of a national laboratory within paragraph (A) shall be conducted, to the ize appropriations for fiscal year 2016 the Department of Homeland Security lab- maximum extent practicable, in a manner for military activities of the Depart- oratory network with prior experience in that the Secretary of Homeland Security de- ment of Defense and for military con- border security, who shall be selected by the termines will best protect the natural and struction, to prescribe military per- Secretary of Homeland Security. cultural resources on Federal lands. sonnel strengths for such fiscal year, (2) INTERMINGLED STATE AND PRIVATE (b) REPORT.—Not later than 270 days after and for other purposes; which was or- LAND.—Paragraph (1) shall not apply to any receiving the data and methodology referred private or State-owned land within the dered to lie on the table; as follows: to in subsection (a), and annually thereafter boundaries of Federal lands. At the end of subtitle A of title VII, add for the following 10 years, the Comptroller (3) SUNSET.—The requirements under this the following: General of the United States, in consultation subsection shall terminate on the date that SEC. 706. INCLUSION OF MEMBERS OF THE with the individual selected under sub- is 4 years after the date of the enactment of ARMED FORCES NOT SUBJECTED OR section (a)(3), shall submit a report to the this Act. EXPOSED TO OPERATIONAL RISK appropriate congressional committees that— (c) REPORT.—Not later than 90 days before FACTORS IN REQUIRED MENTAL (1) analyzes the suitability and statistical the date on which the requirements under HEALTH ASSESSMENT. validity of such data and methodology; and subsection (b) are scheduled to terminate, Section 1074m(a)(2) of title 10, United (2) includes recommendations to the Sec- the Comptroller General of the United States States Code is amended by striking ‘‘deter- retary of Homeland Security for other suit- shall submit a report to the appropriate con- mines that—’’ and all that follows through able metrics that may be used to measure gressional committees that includes— ‘‘providing such assessment’’ and inserting the effectiveness of border security. (1) an analysis of the effectiveness of the ‘‘determines that providing such assess- actions taken pursuant to such subsection, ment’’. SA 1633. Mr. MCCAIN submitted an including the impact of such actions on— (A) border security activities; and SA 1635. Mr. BLUNT submitted an amendment intended to be proposed to amendment intended to be proposed to amendment SA 1463 proposed by Mr. (B) the natural and cultural resources on impacted Federal lands; amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to author- (2) an assessment of the 2006 Memos of Un- MCCAIN to the bill H.R. 1735, to authorize appropriations for fiscal year 2016 derstanding between the Department of ize appropriations for fiscal year 2016 for military activities of the Depart- Homeland Security, the Department of Agri- for military activities of the Depart- ment of Defense and for military con- culture, and the Secretary of the Interior re- ment of Defense and for military construction, to prescribe military per- garding access to Federal and Indian lands struction, to prescribe military personnel strengths for such fiscal year, for border security activities, including— (A) how such memoranda, as in force on sonnel strengths for such fiscal year, and for other purposes; which was or- and for other purposes; which was ordered to lie on the table; as follows: the date of the enactment of this Act, impacted border security activities; dered to lie on the table; as follows: At the appropriate place, insert the fol- (B) the best way to improve such memo- At the end of subtitle A of title IV, add the lowing: randa and their application; following:

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.052 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3792 CONGRESSIONAL RECORD — SENATE June 4, 2015 SEC. 403. LIMITATION ON REDUCTION OF END At the end of subtitle A of title VII, add ment of Defense and for military con- STRENGTH FOR ACTIVE DUTY PER- the following: struction, to prescribe military per- SONNEL OF THE ARMED FORCES. SEC. 706. ENHANCEMENT OF ANNUAL MENTAL sonnel strengths for such fiscal year, Notwithstanding any other provision of HEALTH SCREENINGS FOR MEM- law, including any authorized strength speci- BERS OF THE ARMED FORCES. and for other purposes; which was or- fied in any annual national defense author- (a) IN GENERAL.—Section 1074n(b) of title dered to lie on the table; as follows: ization Act enacted after the date of the en- 10, United States Code is amended— At the end of part II of subtitle D of title actment of this Act, the authorized strength (1) in paragraph (1), by striking ‘‘; and’’ and V, add the following: for active duty personnel of the Armed inserting a semicolon; SEC. 540. AUTHORITY FOR UNITED STATES AIR Forces for any fiscal year may not be re- (2) in paragraph (2), by striking the period FORCE INSTITUTE OF TECHNOLOGY duced below the applicable number for fiscal at the end and inserting a semicolon; and TO CHARGE AND RETAIN TUITION year 2016 specified in section 401 until the (3) by adding at the end the following new FOR INSTRUCTION OF PERSONS OTHER THAN AIR FORCE PER- date on which the Secretary of Defense subparagraphs: mits to Congress the report required by sec- SONNEL DETAILED FOR INSTRUC- ‘‘(3) include a thorough dialogue between TION AT THE INSTITUTE. tion 904(d)(1) of the National Defense Author- the individual conducting the mental health (a) INSTITUTE INSTRUCTION OF PERSONS ization Act for Fiscal Year 2014 (Public Law assessment and the member to determine OTHER THAN AIR FORCE PERSONNEL.—Section 113–66; 127 Stat. 816; 10 U.S.C. 111 note). whether the member has had any experiences 9314a of title 10, United States Code, is that could lead to future mental health con- Mr. BLUNT submitted an amended— SA 1636. cerns; (1) by redesignating subsections (a), (c), amendment intended to be proposed to ‘‘(4) include a thorough screening of the (d), (e), and (f) as subsections (d), (e), (f), (g), amendment SA 1463 proposed by Mr. member for key indicators of post-traumatic and (h), respectively; MCCAIN to the bill H.R. 1735, to author- stress and mild to severe traumatic brain in- (2) by redesignating subsection (b) as para- ize appropriations for fiscal year 2016 jury; and graph (4) of subsection (d), as so redesig- for military activities of the Depart- ‘‘(5) include the creation of a recorded, nated; and ment of Defense and for military con- verified history of events, including non- (3) by inserting before subsection (d), as so struction, to prescribe military per- combat related events, for each member to redesignated, the following new subsections: determine the cause and correlation of symp- ‘‘(a) MEMBERS OF THE ARMED FORCES OTHER sonnel strengths for such fiscal year, toms of mild traumatic brain injury and THAN THE AIR FORCE WHO ARE DETAILED TO and for other purposes; which was or- post-traumatic stress that may appear THE INSTITUTE.—(1) The Department of the dered to lie on the table; as follows: months or years after the causal incident.’’. Army, the Department of the Navy, and the At the end of subtitle B of title XII, add (b) REPORT.—Not later than 180 days after Department of Homeland Security shall bear the following: the date of the enactment of this Act, the the cost of the instruction at the United SEC. 1230. CERTIFICATION ON ACTIONS TO EN- Secretary of Defense shall submit to Con- States Air Force Institute of Technology SURE SAFETY AND SECURITY OF gress a plan for the implementation of para- that is received by members of the armed DISSIDENTS HOUSED AT CAMP LIB- graphs (3) through (5) of section 1074n(b) of forces detailed for that instruction by the ERTY, IRAQ. such title, as added by subsection (a)(3) of Secretaries of the Army, Navy, and Home- Not later than 30 days after the date of the this section. land Security, respectively. enactment of this Act, the Secretary of De- (c) SENSE OF CONGRESS.—It is the sense of ‘‘(2) Members of the Army, Navy, Marine fense shall certify, in writing, to the con- Congress that— Corps, and Coast Guard may only be detailed gressional defense committees whether the (1) the annual mental health assessment for instruction at the Institute on a space- Central Government of Iraq is taking appro- for members of the Armed Forces provided available basis. The Secretary of the Air priate and sufficient actions to ensure the under section 1074n of such title can be im- Force shall charge the Secretary concerned safety and security of dissidents housed at proved by providing members undergoing only for such costs and fees in connection Camp Liberty, Iraq. such an assessment with a record of events, with such instruction as the Secretary of the including non-combat related events, to sub- Air Force considers appropriate. Amounts SA 1637. Mr. BLUNT submitted an stantiate latent mental health issues that received by the Institute for such instruction amendment intended to be proposed to appear months or years after the causal inci- shall be retained by the Institute to defray the cost of instruction. amendment SA 1463 proposed by Mr. dent; ‘‘(b) FEDERAL CIVILIAN EMPLOYEES OTHER (2) some members do not know how to ask MCCAIN to the bill H.R. 1735, to author- THAN AIR FORCE EMPLOYEES WHO ARE DE- for help with mental health concerns in con- ize appropriations for fiscal year 2016 TAILED TO THE INSTITUTE.—(1) The United for military activities of the Depart- nection with such assessment as conducted States Air Force Institute of Technology ment of Defense and for military con- as of the date of the enactment of this Act shall charge tuition for the cost of providing and not all health care providers adequately instruction at the Institute for any civilian struction, to prescribe military per- discuss mental health during such assess- sonnel strengths for such fiscal year, employee of a military department (other ment; than a civilian employee of the Department and for other purposes; which was or- (3) the majority of mild traumatic brain of the Air Force), of another component of dered to lie on the table; as follows: injury inducing incidents are not diagnosed the Department of Defense, or of another At the end of subtitle B of title XII, add during combat deployment, so when symp- Federal agency who is detailed to receive in- the following: toms do appear, there is no mechanism for struction at the Institute. SEC. 1230. LIMITATION ON USE OF FUNDS TO health care providers to link the injury back ‘‘(2) The cost of any tuition charged an in- ARM OR EQUIP THE IRAQ MILITARY to the causal incident; dividual under this subsection shall be borne PENDING CERTIFICATION ON AC- (4) the provision of such assessment as con- by the department, agency, or component TIONS TO ENSURE SAFETY AND SE- ducted as of the date of the enactment of that details the individual for instruction at CURITY OF DISSIDENTS HOUSED AT this Act does not recognize incidents de- the Institute. The Secretary of the Air Force CAMP LIBERTY, IRAQ. scribed in paragraph (3) unless the member shall charge the Secretary concerned only No amounts authorized to be appropriated indicates such incidents on a survey or has a for such costs and fees in connection with by this Act or otherwise available for the De- very proactive health care provider; such instruction as the Secretary of the Air partment of Defense may be used to arm or (5) when latent mental health symptoms Force considers appropriate. Amounts re- equip any personnel or units of the military appear after a member is discharged, the ceived by the Institute for such instruction forces of Iraq until the Secretary of Defense member is not eligible to receive treatment shall be retained by the Institute to defray submits to the congressional defense com- from the Department without a record of the cost of instruction. mittees a certification that appropriate ac- causal justification; and ‘‘(c) NONDETAILED PERSONS.—(1) The Sec- tions have been taken to ensure the safety (6) the Secretary of Defense has an obliga- retary of the Air Force may permit persons and security of dissidents housed at Camp tion to localize as quickly and efficiently as described in paragraph (2) to receive instruc- Liberty, Iraq. possible without disrupting military readi- tion at the United States Air Force Institute ness the mental health concerns that persist of Technology on a space-available basis. SA 1638. Mr. BLUNT submitted an The Secretary of the Air Force shall charge amendment intended to be proposed to among members of the Armed Forces unbe- knownst to those members and the health the individuals concerned only for such costs amendment SA 1463 proposed by Mr. care providers of those members. and fees in connection with such instruction MCCAIN to the bill H.R. 1735, to author- as the Secretary considers appropriate. ize appropriations for fiscal year 2016 SA 1639. Mr. PORTMAN (for himself Amounts received by the Institute for such for military activities of the Depart- and Mr. BROWN) submitted an amend- instruction shall be retained by the Institute ment of Defense and for military con- ment intended to be proposed to to defray the cost of instruction. ‘‘(2) Paragraph (1) applies to any of the fol- struction, to prescribe military per- amendment SA 1463 proposed by Mr. lowing persons: sonnel strengths for such fiscal year, MCCAIN to the bill H.R. 1735, to author- ‘‘(A) A member of the armed forces not de- and for other purposes; which was or- ize appropriations for fiscal year 2016 tailed for that instruction by the Secretary dered to lie on the table; as follows: for military activities of the Depart- concerned.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.054 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3793 ‘‘(B) A civilian employee of a military de- title is amended by striking the items relat- MCCAIN to the bill H.R. 1735, to author- partment, of another component of the De- ing to sections 9314 and 9314a and inserting ize appropriations for fiscal year 2016 partment of Defense, of another Federal the following new items: for military activities of the Depart- agency, or of the National Guard of a State ‘‘9314. United States Air Force Institute of ment of Defense and for military con- not detailed for that instruction by the Sec- Technology: degree-granting authority. retary concerned or head of the other De- struction, to prescribe military per- ‘‘9314a. United States Air Force Institute sonnel strengths for such fiscal year, partment of Defense component, other Fed- of Technology: reimbursement and tui- eral agency, or the National Guard. tion; instruction of persons other than and for other purposes; which was or- ‘‘(C) A United States citizen who is the re- Air Force personnel.’’. dered to lie on the table; as follows: cipient of a competitively selected Federal At the end of subtitle C of title XXVIII, or Department of Defense sponsored scholar- SA 1640. Ms. MURKOWSKI submitted add the following: ship or fellowship with a defense focus in an amendment intended to be proposed SEC. 2822. LAND ACQUISITION, FORT GREELY areas of study related to the academic dis- SCHOOL, DELTA JUNCTION, ALASKA. ciplines offered by the Institute and which to amendment SA 1463 proposed by Mr. (a) LAND ACQUISITION AUTHORIZED.—The requires a service commitment to the Fed- MCCAIN to the bill H.R. 1735, to author- Secretary of the Army may acquire, without eral government in exchange for educational ize appropriations for fiscal year 2016 consideration, from the Delta/Greely School financial assistance. for military activities of the Depart- District (in this section referred to as the ‘‘(3) If a scholarship or fellowship described ment of Defense and for military con- ‘‘District’’), all right, title, and interest of in paragraph (2)(C) includes a stipend, the In- struction, to prescribe military per- the District in and to a parcel of property, stitute may accept the stipend payment sonnel strengths for such fiscal year, including improvements thereon, consisting from the scholarship or fellowship sponsor of the Fort Greely School, Delta Junction, and make a direct payment to the indi- and for other purposes; which was or- Alaska. vidual.’’. dered to lie on the table; as follows: (b) TERMINATION OF GROUND LEASE.—Upon (b) CONFORMING AMENDMENTS RELATED TO At the end of subtitle B of title XXVIII, the acquisition authorized under subsection REDESIGNATION AND OTHER CONFORMING add the following: (a), the ground lease between Delta/Greely AMENDMENTS.—Such section is further SEC. 2815. COORDINATION OF HUNTING, FISHING, School District and the Army will be termi- amended— AND OTHER RECREATIONAL ACTIVI- nated and the District shall be relieved from (1) in subsection (d), as redesignated by TIES ON MILITARY LAND. all liability for the demolition of the build- subsection (a)(1)— (a) POLICY REQUIRED.—The Secretaries of ing or remediation of the site except for en- (A) in the subsection heading, by striking the military departments shall establish a vironmental contamination that was the re- ‘‘ADMISSION AUTHORIZED’’ and inserting ‘‘DE- joint policy under which military installa- sult of sole willful misconduct of the District FENSE INDUSTRY EMPLOYEES’’; tions that control military lands that are during the period that the District owned (B) in paragraph (1), by striking ‘‘sub- open to public access for hunting, fishing, the Fort Greely School. section (b)’’ and inserting ‘‘paragraph (4)’’; and other recreational activities coordinate (c) ADDITIONAL TERMS.—The Secretary of and with State fish and wildlife managers, tribes, the Army may require such additional terms (C) in paragraph (4), as redesignated by local governments, and hunting, fishing, and and conditions in connection with the acqui- subsection (a)(2), by striking ‘‘ELIGIBLE DE- recreational user groups the periods during sition under subsection (a) as the Secretary FENSE INDUSTRY EMPLOYEES.—’’; which such lands shall be open and closed to considers appropriate to protect the inter- (2) in subsection (f)(1), as redesignated by the public. To the maximum extent prac- ests of the United States. subsection (a)(1), by striking ‘‘subsection ticable such coordination shall be under- (a)(1)’’ and inserting ‘‘subsection (d)(1)’’; taken sufficiently in advance of the com- SA 1643. Mr. MCCAIN submitted an (3) in subsection (g)(1), as redesignated by mencement of traditional hunting, fishing, amendment intended to be proposed to subsection (a)(1)— and recreational use seasons in order for amendment SA 1463 proposed by Mr. (A) by striking ‘‘under this section’’ and State fish and wildlife managers can plan for MCCAIN to the bill H.R. 1735, to author- inserting ‘‘under subsections (c) and (d)’’; the opening and closing dates of seasons and ize appropriations for fiscal year 2016 and the conditions under which fish and wildlife for military activities of the Depart- (B) by inserting before the period at the can be taken during the season. ment of Defense and for military con- end the following: ‘‘who are detailed to re- (b) INSTALLATION LEVEL ADVISORY COMMIT- struction, to prescribe military per- ceive instruction at the Institute under sub- TEES.—The policy established under subsection (b)’’; and section (a) may authorize the creation of in- sonnel strengths for such fiscal year, (4) in subsection (h), as redesignated by stallation level advisory committees on the and for other purposes; which was or- subsection (a)(1), by striking ‘‘defense indus- use of military lands for hunting, fishing, dered to lie on the table; as follows: try employees enrolled under this section’’ and recreational uses. Any such advisory At the end of subtitle C of title VI, add the and inserting ‘‘persons enrolled under this committee shall not be subject to the provi- following: section who are not members of the armed sions of the Federal Advisory Committee Act SEC. 622. GUARANTEED TRANSPORTATION FOR forces or Government civilian employees’’. (5 U.S.C. App.). NEXT OF KIN TO ATTEND TRANSFER (c) CONDITIONS ON ADMISSION OF DEFENSE CEREMONY OF MEMBERS OF THE INDUSTRY CIVILIANS.—Subsection (e)(2) of SA 1641. Ms. MURKOWSKI submitted ARMED FORCES WHO DIE OVER- such section, as redesignated by subsection an amendment intended to be proposed SEAS. Section 481f(e) of title 37, United States (a)(1), is amended by striking ‘‘will be done to amendment SA 1463 proposed by Mr. on a space-available basis and not require an Code, is amended— MCCAIN to the bill H.R. 1735, to author- (1) by redesignating paragraphs (2), (3), and increase in the size of the faculty’’ and in- ize appropriations for fiscal year 2016 serting ‘‘will not require an increase in the (4) as paragraphs (3), (4), and (5), respec- permanently authorized size of the faculty’’. for military activities of the Depart- tively; and (d) STATUTORY REORGANIZATION.—Chapter ment of Defense and for military con- (2) by inserting after paragraph (1) the fol- 901 of title 10, United States Code, is amend- struction, to prescribe military per- lowing new paragraph (2): ed— sonnel strengths for such fiscal year, ‘‘(2) The discretion to authorize transpor- (1) by transferring subsections (d) and (f) of tation under paragraph (1) shall not apply, and for other purposes; which was or- and the Secretary of the military depart- section 9314 to the end of section 9314b and dered to lie on the table; as follows: redesignating such subsections as sub- ment concerned is instead required to pro- At the end of subtitle D of title I, add the sections (c) and (d), respectively; and vide such transportation, whenever the following: (2) in subsection 9314, by striking sub- death of the member overseas occurs in the section (e). SEC. 152. FUNDING FOR COAST GUARD ICE- line of duty in a combat or humanitarian re- BREAKER FLEET. (e) CLERICAL AMENDMENTS.— lief operation or in combat zone designated (1) SECTION HEADINGS.—(A) The heading of (a) AUTHORIZATION OF APPROPRIATIONS.— by the Secretary of Defense.’’. section 9314 of title 10, United States Code, is There are authorized to be appropriated for amended to read as follows: fiscal year 2016 for the Department of De- SA 1644. Mr. MCCAIN submitted an fense such funds as may be necessary to sup- amendment intended to be proposed to ‘‘§ 9314. United States Air Force Institute of port the maintenance and refurbishment of Technology: degree-granting authority’’. amendment SA 1463 proposed by Mr. the Coast Guard icebreaker fleet and the de- MCCAIN to the bill H.R. 1735, to author- (B) The heading of section 9314a of such sign and construction of new icebreakers. ize appropriations for fiscal year 2016 title is amended to read as follows: (b) TRANSFER AUTHORITY.—Funds author- ‘‘§ 9314a. United States Air Force Institute of ized under this section may be transferred to for military activities of the Depart- Technology: reimbursement and tuition; in- the Department of Homeland Security. ment of Defense and for military construction of persons other than Air Force struction, to prescribe military per- personnel’’. SA 1642. Ms. MURKOWSKI submitted sonnel strengths for such fiscal year, (2) TABLE OF SECTIONS.—The table of sec- an amendment intended to be proposed and for other purposes; which was or- tions at the beginning of chapter 901 of such to amendment SA 1463 proposed by Mr. dered to lie on the table; as follows:

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.054 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3794 CONGRESSIONAL RECORD — SENATE June 4, 2015 At the end of subtitle D of title XII, add and for other purposes; which was or- ‘‘§ 10504. Chief of the National Guard Bureau: the following: dered to lie on the table; as follows: annual reports’’. SEC. 1257. APPROVAL OF EXPORT LICENCES AND At the end of subtitle B of title V, add the (2) TABLE OF CONTENTS.—The table of sec- LETTERS OF REQUEST TO ASSIST following: tions at the beginning of chapter 1011 of title THE GOVERNMENT OF UKRAINE. SEC. 515. ANNUAL REPORT ON PERSONNEL, 10, United States Code, is amended by strik- (a) IN GENERAL.— TRAINING, AND EQUIPMENT RE- ing the item relating to section 10504 and in- (1) EXPORT LICENSE APPLICATIONS.—The QUIREMENTS FOR THE NON-FED- serting the following new section: Secretary of State shall provide the specified ERALIZED NATIONAL GUARD TO congressional committees a detailed list of SUPPORT CIVILIAN AUTHORITIES IN ‘‘10504. Chief of the National Guard Bureau: all export license applications, including re- PREVENTION AND RESPONSE TO annual reports.’’. quests for marketing licenses, for the sale of NON-CATASTROPHIC DOMESTIC DIS- ASTERS. defense articles and defense services to SA 1647. Mr. MERKLEY submitted an Ukraine. The list shall include the date when (a) ANNUAL REPORT REQUIRED.—Section the application or request was first sub- 10504 of title 10, United States Code, is amendment intended to be proposed to amended— mitted, the current status of each applica- amendment SA 1463 proposed by Mr. (1) in subsection (a), by striking ‘‘RE- tion or request, and the estimated timeline MCCAIN to the bill H.R. 1735, to author- PORT.—’’ and inserting ‘‘REPORT ON STATE OF for adjudication of such applications or re- ize appropriations for fiscal year 2016 THE NATIONAL GUARD.—(1)’’; quests. The Secretary should give priority to for military activities of the Depart- (2) by striking ‘‘(b) SUBMISSION OF REPORT processing these applications and requests. TO CONGRESS.—’’ and inserting ‘‘(2)’’; ment of Defense and for military con- (2) LETTERS OF REQUEST.—The Secretary of (3) by striking ‘‘annual report of the Chief struction, to prescribe military per- State shall also provide the specified con- of the National Guard Bureau’’ and inserting sonnel strengths for such fiscal year, gressional committees a detailed list of all ‘‘annual report required by paragraph (1)’’; pending Letters of Request for Foreign Mili- and for other purposes; which was or- and tary Sales to Ukraine, including the date dered to lie on the table; as follows: (4) by adding at the end the following new when the letter was first submitted, the cur- At the end of subtitle B of title XII, add subsection (b): rent status, and the estimated timeline for the following: ‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED adjudication of such letters. SEC. 1230. REPEAL OF AUTHORIZATION FOR USE SERVICE NATIONAL GUARD PERSONNEL, TRAIN- (b) REPORTS.—Not later than 30 days after OF MILITARY FORCE AGAINST IRAQ ING, AND EQUIPMENT REQUIREMENTS.—(1) Not RESOLUTION OF 2002. the date of the enactment of this Act, and later than January 31 of each of calendar The Authorization for Use of Military every 90 days thereafter, the Secretary of years 2016 through 2022, the Chief of the Na- Force Against Iraq Resolution of 2002 (Public State shall submit to the specified congres- tional Guard Bureau shall submit to the con- Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 sional committees a report outlining the sta- gressional defense committees and the offi- tus of the applications, requests for mar- cials specified in paragraph (5) a report set- note) is hereby repealed. keting licenses and Letters of Request de- ting forth the personnel, training, and equip- scribed under subsection (a). The report shall ment required by the National Guard during SA 1648. Mr. MERKLEY submitted an terminate upon certification by the Presi- the next fiscal year to carry out its mission, amendment intended to be proposed to dent that the sovereignty and territorial in- while not Federalized, to provide prevention, amendment SA 1463 proposed by Mr. tegrity of the Government of Ukraine has protection mitigation, response, and recov- MCCAIN to the bill H.R. 1735, to author- been restored or 5 years after the date of the ery activities in support of civilian authori- ize appropriations for fiscal year 2016 enactment of this Act, whichever occurs ties in connection with non-catastrophic for military activities of the Depart- first. natural and man-made disasters. (c) SPECIFIED CONGRESSIONAL COMMITTEES ‘‘(2) To determine the annual personnel, ment of Defense and for military con- DEFINED.—In this subsection, the term training, and equipment requirements of the struction, to prescribe military per- ‘‘specified congressional committees’’ National Guard referred to in paragraph (1), sonnel strengths for such fiscal year, means— the Chief of the National Guard Bureau shall and for other purposes; which was or- (1) the congressional defense committees; take into account, at a minimum, the fol- dered to lie on the table; as follows: and lowing: At the end of part II of subtitle D of title (2) the Committee on Foreign Relations of ‘‘(A) Core civilian capabilities gaps for the V, add the following: the Senate and the Committee on Foreign prevention, protection, mitigation, response, and recovery activities in connection with SEC. 540. ELIGIBILITY OF MEMBERS OF THE Affairs of the House of Representatives. ARMY FOR TUITION ASSISTANCE natural and man-made disasters, as collected THROUGH THE DEPARTMENT OF DE- SA 1645. Mr. MARKEY proposed an by the Department of Homeland Security FENSE EFFECTIVE UPON COMPLE- amendment to amendment SA 1463 pro- from the States. TION OF INITIAL ENTRY TRAINING posed by Mr. MCCAIN to the bill H.R. ‘‘(B) Threat and hazard identifications and IN THE ARMY. 1735, to authorize appropriations for risk assessments of the Department of De- Notwithstanding Army policy ALARACT 317/2013 or any similar policy, any individual fiscal year 2016 for military activities fense, the Department of Homeland Security, and the States. who is enlisted, inducted, or appointed as a of the Department of Defense and for ‘‘(3) Personnel, training, and equipment remember of the Army, including the Army military construction, to prescribe quirements shall be collected from the National Guard of the United States and the military personnel strengths for such States, validated by the Chief of the Na- Army Reserve, after the date of the enact- fiscal year, and for other purposes; as tional Guard Bureau, and be categorized in ment of this Act, shall be eligible for tuition follows: the report required by paragraph (1) by each assistance through the Department of De- of the following: At the end of subtitle G of title X, add the fense for members of the Armed Forces upon ‘‘(A) Emergency support functions of the following: completion of initial entry training, rather National Response Framework. than upon completion of one year of service SEC. 1085. SENSE OF CONGRESS REGARDING EX- ‘‘(B) Federal Emergency Management after completion of initial entry training, to PORTS OF CRUDE OIL. Agency regions. the same extent such members would have It is the sense of Congress that exports of ‘‘(4) The annual report required by para- been eligible for such tuition assistance be- crude oil to allies and partners of the United graph (1) shall be prepared in consultation fore the issuance of ALARACT 317/2013. States should not be determined to be con- with the chief executive of each State, other sistent with the national interest and the appropriate civilian authorities, and the SA 1649. Mr. SCHATZ submitted an purposes of the Energy Policy and Conserva- Council of Governors. amendment intended to be proposed to tion Act (42 U.S.C. 6201 et seq.) if those ex- ‘‘(5) In addition to the congressional de- ports would increase energy prices in the fense committees, the annual report required amendment SA 1463 proposed by Mr. United States for American consumers or by paragraph (1) shall be submitted to the MCCAIN to the bill H.R. 1735, to author- businesses or increase the reliance of the following officials: ize appropriations for fiscal year 2016 United States on imported oil. ‘‘(A) The Secretary of Defense. for military activities of the Depart- ‘‘(B) The Secretary of Homeland Security. ment of Defense and for military con- SA 1646. Mr. LEAHY submitted an ‘‘(C) The Council of Governors. struction, to prescribe military per- amendment intended to be proposed to ‘‘(D) The Secretary of the Army. sonnel strengths for such fiscal year, amendment SA 1463 proposed by Mr. ‘‘(E) The Secretary of the Air Force. and for other purposes; which was or- MCCAIN to the bill H.R. 1735, to author- ‘‘(F) The Commander of the United States Northern Command. dered to lie on the table; as follows: ize appropriations for fiscal year 2016 At the end of subtitle E of title XII, add for military activities of the Depart- ‘‘(G) The Commander of the United States Cyber Command.’’. the following: ment of Defense and for military con- (b) CLERICAL AMENDMENTS.— SEC. 1264. SENSE OF SENATE ON THE REBAL- struction, to prescribe military per- (1) SECTION HEADING.—The heading of such ANCE TO THE ASIA-PACIFIC REGION. sonnel strengths for such fiscal year, section is amended to read as follows: It is the sense of the Senate that—

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.058 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3795 (1) the rebalance to the Asia-Pacific region statements, conduct, or acts, that were pro- DD–214 form referred to paragraph (1) shall is right for the United States, and the United hibited at the time of discharge but after the be changed to similarly reflect a universal States Army is essential to this effort given date of such discharge became permitted. authority with codes, authorities, and lan- the importance of land armies in the region; (3) When requesting a review, a covered guage applicable at the time of discharge. (2) the Asia-Pacific region is home to 7 of member, or the member’s representative, (g) STATUS.— the 10 largest armies in the world, and 21 of shall be required to provide either— (1) IN GENERAL.—Each covered member the 27 chiefs of defense in the region are (A) documents consisting of— whose discharge characterization is changed army officers; (i) a copy of the DD–214 form of the mem- under subsection (e) shall be treated without (3) the dynamic security environment in ber; regard to the original discharge character- the Asia-Pacific region demands capabilities (ii) a personal affidavit of the cir- ization of the member, including for pur- the Army has to offer, from supporting hu- cumstances surrounding the discharge; and poses of— manitarian operations to conducting mili- (iii) any relevant records pertaining to the (A) benefits provided by the Federal Gov- tary exercises with most important regional discharge; or ernment to an individual by reason of service partners and allies of the United States; (B) an affidavit certifying that the mem- in the Armed Forces; and (4) the spending limits in the Budget Con- ber, or the member’s representative, does not (B) all recognitions and honors that the trol Act of 2011 impose hard choices on the have the documents specified in subpara- Secretary of Defense provides to members of Department of Defense that could force the graph (A). the Armed Forces. Army to make strategically unwise cuts to (4) If a covered member provides an affi- (2) REINSTATEMENT.—In carrying out para- its end strength; davit described in subparagraph (B) of paragraph (1)(B), the Secretary shall reinstate all (5) it is the responsibility of Congress to graph (3)— recognitions and honors of a covered member remove defense and non-defense spending (A) the appropriate discharge board shall whose discharge characterization is changed limits to give Federal agencies the certainty make every effort to locate the documents under subsection (e) that the Secretary with- they need to make sound budgetary deci- specified in subparagraph (A) of such para- held because of the original discharge char- sions; and graph within the records of the Department acterization of the member. (6) despite fiscal pressure, the Army should of Defense; and (h) REPORTS.— strengthen its posture in the Asia-Pacific re- (B) the absence of such documents may not (1) REVIEW.—The Secretary of Defense gion and make future force structure deci- be considered a reason to deny a change of shall conduct a review of the consistency and sions in line with the commitment of the the discharge characterization under sub- uniformity of the reviews conducted under United States to rebalance to the region. section (a)(2). subsection (a). (c) REQUEST FOR REVIEW.—The appropriate (2) REPORTS.—Not later than 270 days after SA 1650. Mr. SCHATZ (for himself, discharge board shall ensure the mechanism the date of the enactment of this Act, and Mrs. GILLIBRAND, Mr. MERKLEY, and by which covered members, or their rep- each year thereafter for a four-year period, Mr. BOOKER) submitted an amendment resentative, may request to have the dis- the Secretary shall submit to Congress a re- intended to be proposed to amendment charge characterization of the covered mem- port on the reviews under paragraph (1). ber reviewed under this section is simple and Such reports shall include any comments or SA 1463 proposed by Mr. MCCAIN to the straightforward. recommendations for continued actions. bill H.R. 1735, to authorize appropria- (d) REVIEW.— (i) HISTORICAL REVIEW.—The Secretary of tions for fiscal year 2016 for military (1) IN GENERAL.—After a request has been each military department shall ensure that activities of the Department of Defense made under subsection (c), the appropriate oral historians of the department— and for military construction, to pre- discharge board shall review all relevant (1) review the facts and circumstances sur- scribe military personnel strengths for laws, records of oral testimony previously rounding the estimated 100,000 members of the Armed Forces discharged from the such fiscal year, and for other pur- taken, service records, or any other relevant information regarding the discharge charac- Armed Forces between World War II and Sep- poses; which was ordered to lie on the terization of the covered member. tember 2011 because of the sexual orientation table; as follows: (2) ADDITIONAL MATERIALS.—If additional of the member; and At the end of subtitle C of title V, add the materials are necessary for the review, the (2) receive oral testimony of individuals following: appropriate discharge board— who personally experienced discrimination SEC. 524. REVIEW OF DISCHARGE CHARACTER- (A) may request additional information and discharge because of the actual or per- IZATION OF MEMBERS OF THE from the covered member or the member’s ceived sexual orientation of the individual so ARMED FORCES DISCHARGED representative, in writing, and specifically that such testimony may serve as an official UNDER THE DON’T ASK, DON’T TELL detailing what is being requested; and record of these discriminatory policies and POLICY. (B) shall be responsible for obtaining a their impact on American lives. (a) IN GENERAL.—In accordance with this copy of the necessary files of the covered (j) DEFINITIONS.—In this section: section, the appropriate discharge boards— member from the member, or when applica- (1) The term ‘‘appropriate discharge board’’ (1) shall review the discharge characteriza- ble, from the Department of Defense. means the boards for correction of military tion of covered members at the request of (e) CHANGE OF CHARACTERIZATION.—The ap- records under section 1552 of title 10, United the covered member; and propriate discharge board shall change the States Code, or the discharge review boards (2) if such characterization is any charac- discharge characterization of a covered under section 1553 of such title, as the case terization except honorable, may change member to honorable if such change is deter- may be. such characterization to honorable. mined to be appropriate after a review is (2) The term ‘‘covered member’’ means any (b) CRITERIA.—In changing the discharge conducted under subsection (d) pursuant to former member of the Armed Forces who was characterization of a covered member to the criteria under subsection (b). A covered discharged from the Armed Forces because honorable under subsection (a)(2), the Sec- member, or the member’s representative, of the sexual orientation of the member. retary of Defense shall ensure that such may appeal a decision by the appropriate dis- (3) The term ‘‘discharge characterization’’ changes are carried out consistently and uni- charge board to not change the discharge means the characterization under which a formly across the military departments characterization by using the regular ap- member of the Armed Forces is discharged or using the following criteria: peals process of the board. released, including ‘‘dishonorable’’, ‘‘gen- (1) The original discharge must be based on (f) CHANGE OF RECORDS.—For each covered eral’’, ‘‘other than honorable’’, and ‘‘honor- Don’t Ask Don’t Tell (in this section referred member whose discharge characterization is able’’. to as ‘‘DADT’’) or a similar policy in place changed under subsection (e), or for each (4) The term ‘‘Don’t Ask Don’t Tell’’ means prior to the enactment of DADT. covered member who was honorably dis- section 654 of title 10, United States Code, as (2) Such discharge characterization shall charged but whose DD–214 form reflects the in effect before such section was repealed be so changed if, with respect to the original sexual orientation of the member, the Sec- pursuant to the Don’t Ask, Don’t Tell Repeal discharge, there were no aggravating cir- retary of Defense shall reissue to the mem- Act of 2010 (Public Law 111–321). cumstances, such as misconduct, that would ber or the member’s representative a revised (5) The term ‘‘representative’’ means the have independently led to a discharge char- DD–214 form that reflects the following: surviving spouse, next of kin, or legal rep- acterization that was any characterization (1) For each covered member discharged, resentative of a covered member. except honorable. For purposes of this para- the Separation Code, Reentry Code, Nar- graph, such aggravating circumstances may rative Code, and Separation Authority shall SA 1651. Mr. SCHATZ submitted an not include— not reflect the sexual orientation of the amendment intended to be proposed to (A) an offense under section 925 of title 10, member and shall be placed under secretarial amendment SA 1463 proposed by Mr. United States Code (article 125 of the Uni- authority. Any other similar indication of MCCAIN to the bill H.R. 1735, to author- form Code of Military Justice), committed the sexual orientation or reason for dis- by a covered member against a person of the charge shall be removed or changed accord- ize appropriations for fiscal year 2016 same sex with the consent of such person; or ingly to be consistent with this paragraph. for military activities of the Depart- (B) statements, consensual sexual conduct, (2) For each covered member whose dis- ment of Defense and for military con- or consensual acts relating to sexual orienta- charge occurred prior to the creation of gen- struction, to prescribe military per- tion or identity, or the disclosure of such eral secretarial authority, the sections of the sonnel strengths for such fiscal year,

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.049 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3796 CONGRESSIONAL RECORD — SENATE June 4, 2015 and for other purposes; which was or- of pregnancy provided pursuant to sub- (2) NATURE OF INFORMATION.—The informa- dered to lie on the table; as follows: section (a) or (b), including for any method tion provided pursuant to paragraph (1)(A) At the end of subtitle G of title XII, add of contraception provided, whether provided shall be provided in language that is clear through a facility of the uniformed services, the following: and concise, is readily comprehensible, and the TRICARE retail pharmacy program, or meets such conditions (including conditions SEC. 1283. SENSE OF CONGRESS ON ACCOUNT- the national mail-order pharmacy pro- ABILITY MEASURES RELATED TO regarding the provision of information in THE SALE AND TRANSFER OF MINE gram.’’. languages other than English) as the Sec- RESISTANT AMBUSH PROTECTED (b) CARE RELATED TO PREVENTION OF PREG- retary may provide in the regulations under VEHICLES MRAPS TO STRATEGIC NANCY.—Subsection (d)(3) of such section, as this section. PARTNERS. redesignated by subsection (a)(2) of this sec- It is the sense of Congress that— tion, is further amended by inserting before SA 1653. Mr. BLUMENTHAL sub- (1) it is in the national security interest of the period at the end the following: ‘‘(includ- mitted an amendment intended to be ing all methods of contraception approved by the United States to build relationships with proposed to amendment SA 1463 pro- strategic partners through security assist- the Food and Drug Administration, steriliza- ance programs, including the Foreign Mili- tion procedures, and patient education and posed by Mr. MCCAIN to the bill H.R. tary Sales, Excess Defense Articles, and For- counseling in connection therewith)’’. 1735, to authorize appropriations for eign Military Financing of Direct Commer- (c) CONFORMING AMENDMENT.—Section fiscal year 2016 for military activities cial Contracts programs; 1077(a)(13) of such title is amended by strik- of the Department of Defense and for (2) these security assistance programs ing ‘‘section 1074d(b)’’ and inserting ‘‘section military construction, to prescribe incentivize partners to meet the require- 1074d(d)’’. military personnel strengths for such ments of United States law in order to pur- SEC. 742. ACCESS TO BROAD RANGE OF METHODS OF CONTRACEPTION APPROVED BY fiscal year, and for other purposes; chase United States military equipment, se- which was ordered to lie on the table; cure special access privileges for the United THE FOOD AND DRUG ADMINISTRA- TION FOR MEMBERS OF THE ARMED as follows: States military, and reassure allies of United FORCES AND MILITARY DEPEND- States security commitments; ENTS AT MILITARY TREATMENT FA- At the appropriate place, insert the fol- (3) as the United States deepens security CILITIES. lowing: ties in key regions, it remains vital that it (a) IN GENERAL.—Commencing not later SEC. lll. EXPANSION OF DUTIES OF UNDER strike a balance between remaining an at- than 180 days after the date of the enactment SECRETARY OF DEFENSE FOR PER- tractive security partner and establishing of this Act, the Secretary of Defense shall SONNEL AND READINESS. robust oversight over all security assistance ensure that every military treatment facil- Section 136(b) of title 10, United States programs; ity has a sufficient stock of a broad range of Code, is amended by striking ‘‘and health af- (4) absent robust oversight, sales and methods of contraception approved by the fairs’’ and inserting the following: ‘‘health transfers of sensitive weapon systems to for- Food and Drug Administration, as rec- affairs, and the coordination, use, acquisi- eign countries and military units with ommended by the Centers for Disease Con- tion, or exchange of joint requirements and human rights violations carry the risk of trol and Prevention and the Office of Popu- resources with the Secretary of Veterans Af- harming United States interests; lation Affairs of the Department of Health fairs and implementation of recommenda- (5) Mine Resistant Ambush Protected and Human Services, to be able to dispense tions made under section 320(c)(1) of title (MRAP) vehicles are a highly sensitive weap- at any time any such method of contracep- 38’’. on system that have the potential to be used tion to any women members of the Armed for repressive purposes, including to suppress Forces and female covered beneficiaries who SA 1654. Mr. COONS submitted an legitimate domestic civil unrest and peaceful receive care through such facility. amendment intended to be proposed to protests; and (b) COVERED BENEFICIARY DEFINED.—In this amendment SA 1463 proposed by Mr. (6) the Defense Security Cooperation Agen- section, the term ‘‘covered beneficiary’’ has MCCAIN to the bill H.R. 1735, to author- cy and the Department of State should sub- the meaning given that term in section ize appropriations for fiscal year 2016 1072(5) of title 10, United States Code. mit the sale and transfer of MRAP vehicles for military activities of the Depart- to foreign countries to the Enhanced End- SEC. 743. PREGNANCY PREVENTION ASSISTANCE Use Monitoring process in order to ensure an AT MILITARY TREATMENT FACILI- ment of Defense and for military con- added layer of compliance and account- TIES FOR WOMEN WHO ARE SEXUAL struction, to prescribe military per- ability with United States assistance and to ASSAULT SURVIVORS. sonnel strengths for such fiscal year, deter the misuse of this weapon system. (a) PURPOSE.—The purpose of this section and for other purposes; which was or- is to provide in statute, and to enhance, ex- dered to lie on the table; as follows: SA 1652. Mrs. SHAHEEN submitted isting regulations that require health care providers at military treatment facilities to At the end of subtitle F of title III, add the an amendment intended to be proposed following: to amendment SA 1463 proposed by Mr. consult with survivors of sexual assault once clinically stable regarding options for emer- SEC. 355. BRIEFING ON CHANGING CLIMATE CON- MCCAIN to the bill H.R. 1735, to author- gency contraception and any necessary fol- DITIONS AND MILITARY INSTALLA- ize appropriations for fiscal year 2016 low-up care, including the provision of the TION READINESS. for military activities of the Depart- emergency contraception. (a) IN GENERAL.—Not later than March 1, ment of Defense and for military con- (b) IN GENERAL.—The assistance specified 2016, the Secretary of Defense shall provide a struction, to prescribe military per- in subsection (c) shall be provided at every briefing to interested Senators on the De- sonnel strengths for such fiscal year, military treatment facility to the following: partment of Defense’s strategy and initiatives to address the impact of changing cli- and for other purposes; which was or- (1) Any woman who presents at a military treatment facility and states to personnel of mate conditions on military installations, dered to lie on the table; as follows: the facility that she is a victim of sexual as- including expected increased water shortages At the end of title VII, add the following: sault or is accompanied by another indi- and instances of wildfire due to increased Subtitle D—Improvement of Health Care for vidual who states that the woman is a victim drought and flooding due to sea level rise Women Members of the Armed Forces of sexual assault. and coastal erosion from storm surges, and SEC. 741. CONTRACEPTION COVERAGE PARITY (2) Any woman who presents at a military efforts to mitigate the associated national UNDER THE TRICARE PROGRAM. treatment facility and is reasonably believed security risk and ensure optimal military (a) IN GENERAL.—Section 1074d of title 10, by personnel of such facility to be a survivor readiness. United States Code, is amended— of sexual assault. (b) ELEMENTS.—The briefing required under (1) in subsection (a), by inserting ‘‘FOR (c) ASSISTANCE.— subsection (a) shall include the following ele- MEMBERS AND FORMER MEMBERS’’ after (1) IN GENERAL.—The assistance specified ments: ‘‘SERVICES AVAILABLE’’; in this subsection shall include the fol- (1) An assessment of how changing condi- (2) by redesignating subsection (b) as sub- lowing: tions are affecting operations and military section (d); and (A) The prompt provision by appropriate readiness at military installations. (3) by inserting after subsection (a) the fol- staff of the military treatment facility of (2) A description of efforts to disseminate lowing new subsections: comprehensive, medically and factually ac- and implement best practices across mili- ‘‘(b) CARE RELATED TO PREVENTION OF curate, and unbiased written and oral infor- tary installations. PREGNANCY.—Female covered beneficiaries mation about all methods of emergency con- (3) An assessment whether the Department shall be entitled to care related to the pre- traception approved by the Food and Drug of Defense faces challenges in carrying out vention of pregnancy described by subsection Administration. preparedness and resilience initiatives, and (d)(3). (B) The prompt provision by such staff of recommendations for legislation needed to ‘‘(c) PROHIBITION ON COST-SHARING FOR CER- emergency contraception to a woman upon increase security on military installations. TAIN SERVICES.—Notwithstanding section her request. (4) A description of opportunities for effec- 1074g(a)(6) of this title or any other provision (C) Notification to the woman of her right tive public private partnerships or contracts of law, cost-sharing may not be imposed or to confidentiality in the receipt of care and with industry to address and mitigate the ef- collected for care related to the prevention services pursuant to this section. fects of these changing conditions.

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Mr. MERKLEY) submitted an amend- services to military and other national-level (a) AUTHORITY TO PROVIDE ASSISTANCE.—Of security forces of Partnership for Peace na- ment intended to be proposed to the amounts authorized to be appropriated amendment SA 1463 proposed by Mr. tions other than Ukraine that the Secretary for fiscal year 2016 by title XV and available of Defense determines face an elevated risk MCCAIN to the bill H.R. 1735, to author- for overseas contingency operations as speci- of Russian military aggression and that the ize appropriations for fiscal year 2016 fied in the funding tables in division D, Secretary determines is appropriate to de- for military activities of the Depart- $300,000,000 may be available to the Secretary fending their sovereignty and territorial in- ment of Defense and for military con- of Defense, in coordination with the Sec- tegrity. struction, to prescribe military per- retary of State, to provide appropriate secu- (d) UNITED STATES INVENTORY AND OTHER sonnel strengths for such fiscal year, rity assistance and intelligence support, in- SOURCES.— cluding training, equipment, and logistics (1) IN GENERAL.—In addition to any assist- and for other purposes; which was or- support, supplies and services, to military dered to lie on the table; as follows: ance provided pursuant to subsection (a), the and other security forces of the Government Secretary of Defense is authorized, with the At the end of subtitle F of title III, add the of Ukraine for the purposes as follows: concurrence of the Secretary of State, to following: (1) To enhance the capabilities of the mili- make available to the Government of SEC. 355. UPGRADES TO LONG-RANGE RADAR AD- tary and other security forces of the Govern- Ukraine weapons and other defense articles, VERSELY IMPACTED IN A SIGNIFI- ment of Ukraine to defend against further from the United States inventory and other CANT MANNER BY THE DEVELOP- aggression. sources, and defense services, in such quan- MENT OR CONSTRUCTION OF WIND (2) To assist Ukraine in developing the ENERGY INFRASTRUCTURE. tity as the Secretary of Defense determines combat capability to defend its sovereignty The Secretary of Defense shall upgrade any to be appropriate to achieve the purposes Long Range Air Route Surveillance Radar and territorial integrity. specified in subsection (a). that is, or risks being, adversely impacted in (3) To support the Government of Ukraine (2) REPLACEMENT.—Amounts for the re- a significant manner by the development or in defending itself against actions by Russia placement of any items provided to the Gov- construction of wind energy infrastructure. and Russian-backed separatists that violate ernment of Ukraine pursuant to paragraph the ceasefire agreements of September 4, (1) may be derived from funds available for SA 1656. Mr. WHITEHOUSE sub- 2014, and February 11, 2015. this section or from amounts authorized to mitted an amendment intended to be (b) APPROPRIATE SECURITY ASSISTANCE AND be appropriated for the Department of De- INTELLIGENCE SUPPORT.—For purposes of sub- fense for overseas contingency operations for proposed to amendment SA 1463 pro- section (a), appropriate security assistance posed by Mr. MCCAIN to the bill H.R. weapons procurement. and intelligence support includes the fol- (e) CONSTRUCTION OF AUTHORIZATION.— 1735, to authorize appropriations for lowing: Nothing in this section shall be construed to fiscal year 2016 for military activities (1) Real time or near real time actionable constitute a specific statutory authorization of the Department of Defense and for intelligence, including by lease of such capa- for the introduction of United States Armed military construction, to prescribe bilities from United States commercial com- Forces into hostilities or into situations military personnel strengths for such panies. wherein hostilities are clearly indicated by fiscal year, and for other purposes; (2) Lethal assistance such as anti-armor the circumstances. which was ordered to lie on the table; weapon systems, mortars, crew-served weap- (f) REPORT.—Not later than 90 days after ons and ammunition, grenade launchers and the date of the enactment of this Act, the as follows: ammunition, and small arms and ammuni- Secretary of Defense shall, in coordination At the end of section 1227, before the end tion. with the Secretary of State and other appro- quote and final period, insert the following: (3) Counter-artillery radars, including me- priate agencies, submit to Congress a report ‘‘(17) REPORT INFORMING THE PROCESSING dium-range and long-range counter-artillery setting forth in detail the following: TIME FOR APPLICANTS.—Not later than 90 radars that can detect and locate long-range (1) The current criteria governing the pro- days after the date of the enactment of the Russian artillery. vision of security assistance and intelligence National Defense Authorization Act for Fis- (4) Unmanned aerial tactical surveillance support to the Government of Ukraine. cal Year 2016, the Secretary of State, in con- systems. (2) The plan, including timelines for deliv- sultation with the Secretary of Homeland (5) Cyber capabilities. ery, types and quantities of security assist- Security, to shall submit a report to the (6) Counter-electronic warfare capabilities ance, and costs, to ensure that such assist- Committee on Armed Services of the Senate, such as secure communications equipment ance and support are being provided in com- the Committee on Homeland Security and and other electronic protection systems. pliance with the authorized purposes speci- Governmental Affairs of the Senate, the (7) Other electronic warfare capabilities. fied in subsection (a). Committee on the Judiciary of the Senate, (8) Training required to maintain and em- (g) TERMINATION OF AUTHORITY.—Assist- the Committee on Armed Services of the ploy systems and capabilities described in ance may not be provided under the author- House of Representatives, the Committee on paragraphs (1) through (7). ity in this section after December 31, 2017. Homeland Security of the House of Rep- (9) Training for critical combat operations resentatives, and the Committee on the Ju- such as planning, command and control, SA 1658. Mr. MCCAIN submitted an diciary of the House of Representatives that small unit tactics, anti-armor tactics, amendment intended to be proposed to includes— counter-artillery tactics, logistics, coun- amendment SA 1463 proposed by Mr. ‘‘(A) the number of applicants in the ‘ad- tering improvised explosive devices, battle- MCCAIN to the bill H.R. 1735, to author- ministrative processing’ phase of the Afghan field first aid, and medical evacuation. ize appropriations for fiscal year 2016 Special Immigrant Visa application process, (10) Training for strategic and operational for military activities of the Depart- broken down by month, during the most re- planning at and above the brigade level. ment of Defense and for military con- cent 12-month period; (c) FUNDING AVAILABILITY AND LIMITA- struction, to prescribe military per- ‘‘(B) the shortest and longest period that TION.— sonnel strengths for such fiscal year, an application described in subparagraph (A) (1) TRAINING.—Up to 20 percent of the has been in such phase; and amount described in subsection (a) may be and for other purposes; which was or- ‘‘(C) a description of the steps that the De- used to support training pursuant to section dered to lie on the table; as follows: partment of State and the Department of 1207 of the National Defense Authorization At the end of subtitle B of title VII, add Homeland Security have taken to reduce the Act for Fiscal Year 2012 (22 U.S.C. 2151 note), the following: length of the administrative processing relating to the Global Security Contingency SEC. 721. ESTABLISHMENT OF STRATEGIC UNI- phase, while maintaining adequate security Fund. FORM DRUG FORMULARY FOR THE review and screening of such applications. (2) LIMITATION.—Not more than 50 percent PROVISION OF HEALTH CARE SERV- of the amount described in subsection (a) ICES TO MEMBERS OF THE ARMED FORCES UNDERGOING SEPARATION SA 1657. Mr. PORTMAN submitted an may be obligated or expended until an amendment intended to be proposed to FROM THE ARMED FORCES. amount equal to 20 percent of such amount (a) IN GENERAL.—The Secretary of Defense amendment SA 1463 proposed by Mr. has been obligated or expended for appro- and the Secretary of Veterans Affairs shall MCCAIN to the bill H.R. 1735, to author- priate security assistance described in para- jointly establish a process to make available ize appropriations for fiscal year 2016 graphs (1), (2), and (3) of subsection (b) for to individuals undergoing the transition for military activities of the Depart- the Government of Ukraine. from the receipt of health care services ment of Defense and for military con- (3) ALTERNATIVE USE OF FUNDS.—In the through the Department of Defense to the struction, to prescribe military per- event funds otherwise available pursuant to receipt of such services through the Depart- subsection (a) are not used by reason of the sonnel strengths for such fiscal year, ment of Veterans Affairs systemic pain and limitation in paragraph (2), such funds may psychotropic drugs that are critical to the and for other purposes; which was or- be used at the discretion of the Secretary of Department of Defense and the Department dered to lie on the table; as follows: Defense, with concurrence of the Secretary of Veterans Affairs for the appropriate and Strike section 1251 and insert the fol- of State, to provide security assistance and effective provision of health care services to lowing: intelligence support, including training, such individuals.

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(b) STRATEGIC UNIFORM FORMULARY.— to reduce and eliminate the safe havens from tary forces of a country determined to be eli- (1) IN GENERAL.—In carrying out subsection which terrorist activity can be perpetrated; gible for such support under that subsection (a), the Secretary of Defense and the Sec- (3) support the long-term capacity of the until the Secretary notifies the appropriate retary of Veterans Affairs shall jointly es- Government of Nigeria to provide security committees of Congress of the eligibility of tablish, and from time to time update, a for schools to protect girls seeking an edu- the country for such support. strategic, evidence-based, uniform formulary cation, and to combat gender-based violence (g) NOTICE TO CONGRESS ON SUPPORT TO BE for the Department of Defense and the De- and gender inequality; PROVIDED.—Not less than 15 days before the partment of Veterans Affairs that includes (4) coordinate United States Government date on which funds are obligated to provide all appropriate systemic pain and psycho- efforts with those of other nations and inter- support under subsection (b), the Secretary tropic drugs that the Secretary of Defense governmental organizations to increase con- of Defense shall submit to the appropriate and the Secretary of Veterans Affairs jointly tributions for rescue and recovery efforts committees of Congress a notice setting determine are critical to the Department of and better leverage those contributions to forth the following: Defense and the Department of Veterans Af- enhance the capacity of the law enforcement (1) The type of support to be provided. fairs for the appropriate and effective provi- and military services of the Government of (2) The national government to be sup- sion of health care services to individuals de- Nigeria; and ported. scribed in such subsection. (5) strengthen the operational capacity of (3) The objectives of such support. (2) INAPPLICABILITY OF CERTAIN PROVISIONS the civilian police and judicial system in Ni- (4) The estimated cost of such support. OF LAW.—Section 1074g of title 10, United geria to enhance public safety and prevent (5) The intended duration of such support. States Code, shall not apply to the estab- crime and gender-based violence, while (h) DEFINITIONS.—In this section: lishing and updating of the formulary re- strengthening accountability measures to (1) The term ‘‘appropriate committees of quired by paragraph (1). prevent corruption and abuses. Congress’’ means— (c) PRESERVATION OF AUTHORITY.—Nothing (b) AUTHORITY.—The Secretary of Defense, (A) the Committee on Armed Services, the in this section shall be construed to prohibit the Secretary of State, and the Attorney Committee on Foreign Relations, and the the Secretary of Defense and the Secretary General may provide logistic support, sup- Committee on Appropriations of the Senate; of Veterans Affairs from each maintaining plies, and services, communications, and in- and their own formularies. telligence, surveillance, and reconnaissance (B) the Committee on Armed Services, the (d) REPORT.— assets to foreign countries participating in Committee on Foreign Affairs, and the Com- (1) IN GENERAL.—Not later than 180 days operations to mitigate and eliminate the mittee on Appropriations of the House of after the date of the enactment of this Act, threat posed by Boko Haram. Representatives. the Secretary of Defense and the Secretary (c) RULE OF CONSTRUCTION.—Nothing in (2) The term ‘‘logistic support, supplies, of Veterans Affairs shall jointly submit to this section shall be construed to be a dec- and services’’ has the meaning given that the appropriate committees of Congress a re- laration of war, an authorization for the use term in section 2350(1) of title 10, United port on the establishment of the formulary of military force, or any similar authority, States Code. under subsection (b). nor shall it be construed to limit the author- (i) EXPIRATION.—The authority provided (2) APPROPRIATE COMMITTEES OF CONGRESS ity of the President under the Constitution under this section may not be exercised after DEFINED.—In this subsection, the term ‘‘ap- as Commander in Chief of the Armed Forces. September 30, 2017. propriate committees of Congress’’ means— (d) FUNDING.— (1) IN GENERAL.—Of the amount authorized (A) the Committee on Armed Services and SA 1661. Mr. WARNER (for himself the Committee on Veterans’ Affairs of the to be appropriated for the Department of De- fense for each of fiscal years 2016 and 2017 for and Mr. KAINE) submitted an amend- Senate; and ment intended to be proposed to (B) the Committee on Armed Services and operation and maintenance, not more than the Committee on Veterans’ Affairs of the $35,000,000 may be utilized in each such fiscal amendment SA 1463 proposed by Mr. House of Representatives. year to provide support under subsection (b). MCCAIN to the bill H.R. 1735, to author- (2) AVAILABILITY OF FUNDS ACROSS FISCAL ize appropriations for fiscal year 2016 SA 1659. Ms. COLLINS submitted an YEARS.—Amounts available under this sub- for military activities of the Depart- amendment intended to be proposed to section for a fiscal year for support under ment of Defense and for military con- amendment SA 1463 proposed by Mr. the authority in subsection (b) may be used struction, to prescribe military per- for support under that authority that begins MCCAIN to the bill H.R. 1735, to author- in such fiscal year but ends in the next fiscal sonnel strengths for such fiscal year, ize appropriations for fiscal year 2016 year. and for other purposes; which was or- for military activities of the Depart- (e) LIMITATIONS.— dered to lie on the table; as follows: ment of Defense and for military con- (1) IN GENERAL.—The Secretary of Defense, At the end of subtitle C of title II, add the struction, to prescribe military per- the Secretary of State, or the Attorney Gen- following: sonnel strengths for such fiscal year, eral may not use the authority in subsection SEC. 236. SENSE OF CONGRESS ON DEVELOPING and for other purposes; which was or- (b) to provide any type of support that is WEAPONS TECHNOLOGIES. dered to lie on the table; as follows: otherwise prohibited by any provision of law. It is the sense of Congress that railgun and (2) MILITARY SUPPORT.—Military support Strike section 604. other developing weapons technologies are may be provided under the authority in sub- vital to the future of national security and section (b) only by the Secretary of Defense. SA 1660. Ms. COLLINS submitted an should be provided the necessary infrastruc- (3) ELIGIBLE COUNTRIES.—The Secretary of ture to support the continued development amendment intended to be proposed to Defense, the Secretary of State, or the At- of such weapons systems, including all se- amendment SA 1463 proposed by Mr. torney General may not use the authority in cure space (SCIFs) necessary to incorporate MCCAIN to the bill H.R. 1735, to author- subsection (b) to provide support to any for- cyber security into weapons systems during ize appropriations for fiscal year 2016 eign country that is otherwise prohibited development. for military activities of the Depart- from receiving such type of support under ment of Defense and for military con- any other provision of law. SA 1662. Mr. WARNER submitted an (4) DETERMINATION.—The Secretary of De- amendment intended to be proposed to struction, to prescribe military per- fense, the Secretary of State, or the Attor- sonnel strengths for such fiscal year, ney General may not use the authority in amendment SA 1463 proposed by Mr. and for other purposes; which was or- subsection (b) to provide any type of support MCCAIN to the bill H.R. 1735, to author- dered to lie on the table; as follows: to Nigerian forces unless the Secretary of ize appropriations for fiscal year 2016 At the end of subtitle A of title XII, add Defense, with the concurrence of the Sec- for military activities of the Depart- the following: retary of State, determines that the Govern- ment of Defense and for military con- SEC. 1209. SUPPORT OF FOREIGN FORCES PAR- ment of Nigeria is— struction, to prescribe military per- TICIPATING IN OPERATIONS TO DIS- (A) undertaking significant efforts to pro- sonnel strengths for such fiscal year, ARM AND END ATROCITIES COM- mote the rule of law and hold its security and for other purposes; which was or- MITTED BY BOKO HARAM. forces accountable for any abuses or crimi- (a) STATEMENT OF POLICY.—It shall be the nal activity; dered to lie on the table; as follows: policy of the United States Government to— (B) coordinating efforts to combat Boko At the end of subtitle A of title XVI, add (1) provide timely civilian and military as- Haram with neighboring countries; the following: sistance to the Government of Nigeria and (C) taking steps to counter extremist SEC. 1614. COMPREHENSIVE APPROACH TO THE regional partners for efforts to assist civil- ideologies; and UNITED STATES OVERHEAD SAT- ians harmed by Boko Haram; (D) prioritizing the protection of women ELLITE ARCHITECTURE. (2) permit appropriate members and units and girls from gender-based violence. (a) FINDINGS.—Congress makes the fol- of the Armed Forces to train, advise, and as- (f) NOTICE TO CONGRESS ON ELIGIBLE COUN- lowing findings: sist the security forces of regional partners, TRIES FOR MILITARY SUPPORT.—The Sec- (1) The current approach to the overhead including Nigeria, as they conduct oper- retary of Defense may not provide support satellite architecture of the United States is ations against Boko Haram and operations under subsection (b) for the national mili- increasingly unsustainable in the long run

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.061 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3799 due to high and growing costs, long design technological and geopolitical change and retary of Defense, and the Chairman of the time, over reliance on large, expensive vehi- the range of possible contingencies, we must Joint Chiefs of Staff shall develop a strategy, cles that need heavy launch and represent look more to the 80 percent multi-service so- with milestones and benchmarks, to ensure potential single points of failure, an inabil- lution that can be produced on time, on that there is a wholesale review of the entire ity to take full advantage of rapid techno- budget and in significant numbers.’’. approach of the United States to overhead logical innovation in the commercial sector, (10) The National Space Policy of the satellite architecture, including programs of a lack of commercial-like acquisition prac- United States of America issued on June 28, the Department of Defense that are funded tices, a lack of competition, inadequate com- 2010, states ‘‘To promote a robust domestic under the Military Intelligence Program, munications paths and ground processing commercial space industry, departments and programs of elements of the intelligence systems, and the vulnerability to anti-sat- agencies shall: community that are funded under the Na- ellite attack without an adequate capability ‘‘Purchase and use commercial space capa- tional Intelligence Program, programs car- to replace and replenish lost or damaged bilities and services to the maximum prac- ried out by the commercial satellite and im- space vehicles. tical extent when such capabilities and serv- agery sectors, and foreign partner capabili- (2) The overhead satellite capabilities of ices are available in the marketplace and ties, to ensure that such architecture com- the United States are in grave peril due to meet United States Government require- ports with the principles of the Sense of Con- an over reliance on a big government, cen- ments; gress in subsection (b). tralized planning, and an acquisition model ‘‘Modify commercial space capabilities and (2) REPORT ON STRATEGY.—Not later than based on a series of 10-year plans. services to meet government requirements 180 days after the date of the enactment of (3) In past years, the National Reconnais- when existing commercial capabilities and this Act, the Director of National Intel- sance Office was the United States model for services do not fully meet these require- ligence, the Secretary of Defense, and the excellence in acquisition and program man- ments and the potential modification rep- Chairman of the Joint Chiefs of Staff shall agement. This was in no small part due to resents a more cost-effective and timely ac- report to the Committee on Armed Services competition within the National Reconnais- quisition approach for the government; and the Select Committee on Intelligence of sance Office between Program A (the Air ‘‘Develop governmental space systems only the Senate and the Committee on Armed Force satellite reconnaissance element), when it is in the national interest and there Services and the Permanent Select Com- Program B (the Central Intelligence Agency is no suitable, cost-effective United States mittee on Intelligence of the House of Rep- satellite reconnaissance element), and Pro- commercial or, as appropriate, foreign com- resentatives on the strategy required by gram C (the Navy reconnaissance element), mercial service or system that is or will be paragraph (1). for the best, most innovative, and most cost- available;’’. effective satellite and aircraft reconnais- (b) SENSE OF CONGRESS.—It is the sense of SA 1663. Mr. WARNER submitted an sance systems, which were delivered on time the Congress that— amendment intended to be proposed to and under budget. Programs A, B, and C ex- (1) overhead satellite collection and proc- amendment SA 1463 proposed by Mr. isted from 1962 to 1992. essing known as commodity overhead sat- (4) On September 23, 1971, National Secu- ellite collection and processing should be un- MCCAIN to the bill H.R. 1735, to author- rity Adviser Henry Kissinger issued a short dertaken as much as possible by the com- ize appropriations for fiscal year 2016 memo regarding the President’s decision to mercial sector in order to offload cost and for military activities of the Depart- pursue the first electro-optical imaging risk from the taxpayer, while national pro- ment of Defense and for military con- (EOI) satellite, to be undertaken ‘‘under a re- grams should continue their tradition of ex- struction, to prescribe military per- alistic funding program, with a view toward cellence in innovation to address the truly sonnel strengths for such fiscal year, achieving an operational capability in 1976.’’ complex exquisite problem sets and require- and for other purposes; which was or- It took almost exactly 5 years to design and ments that cannot be addressed by the com- dered to lie on the table; as follows: launch the first KH–11 satellite into orbit on mercial sector; At the end of subtitle G of title X, add the December 19, 1976. The United States needs (2) overhead satellite architecture should following: to get back to this kind of timeline in de- be designed in such a way that a number of signing and launching United States over- elements common to nearly all spacecraft SEC. 1085. MODIFICATION OF FEDERAL ACQUISI- should be standardized, which would bring TION REGULATION TO ENCOURAGE head reconnaissance satellites. GOVERNMENT CONTRACTORS TO (5) The United States cannot afford to wait costs down, simplify execution and preserve HIRE VETERANS WITH MILITARY a decade or more from design to launch of a the industrial base; and TRAINING IN CYBER AND CYBER-RE- satellite if the United States is to maintain (3) the entire overhead satellite architec- LATED FIELDS. its technological edge. ture of the United States, including pro- The Director of the Office of Management (6) The culture of innovation and competi- grams funded by the Department of Defense and Budget shall direct the Federal Acquisi- tion must be fostered and reinforced in the or by an element of the intelligence commu- tion Regulatory Council to issue proposed requirements, planning, design, and research nity, commercial imagery providers, and for- rules by not later than 60 days after the date and development processes for the United eign partner capabilities, should be viewed of the enactment of this Act and, final rules States entire overhead satellite architec- and treated as an integrated whole, not sim- by not later than 270 days after the date of ture, to take into account and prioritize— ply as a series of satellite systems of the De- the enactment of this Act that amend the (A) the intelligence requirements of United partment of Defense, the intelligence com- Federal Acquisition Regulation— States warfighters and national policy- munity, or private entities; (1) to require contractors who are subject makers; (4) the state of the current overhead archi- to the cost accounting standards under the (B) the need for resiliency and rapid recon- tecture and planning for the future architec- Federal Acquisition Regulation and who re- stitution of the architecture in an increas- ture should receive priority personal atten- ceived at least $25,000,000 in aggregated con- ingly contested space environment; and tion from the President, the senior national tracts in each of the prior two fiscal years to (C) the ability to leverage rapid develop- security and scientific advisors to the Presi- develop and maintain a single company-wide ments and innovation in commercial sector dent, the Director of National Intelligence, veterans employment plan that, at a min- satellite, processing and sensor technology. the Secretary of Defense, and the Chairman imum, includes— (7) Space is no longer an uncontested envi- of the Joint Chiefs of Staff to ensure that (A) performance metrics for the hiring and ronment, as it had been in the past. The the architecture— training of veterans; United States must be open to innovative so- (A) meets the needs of the United States in (B) a plan to hire veterans, with a par- lutions such as distributed, disaggregated ar- peacetime and in wartime; responsibly stew- ticular focus on veterans who served on ac- chitectures that could allow for better resil- ards the taxpayers’ dollars; tive duty in the Armed Forces after Sep- iency against the space threat, and also (B) accurately takes into account cost and tember 11, 2001; and allow for ready reconstitution, constant re- performance tradeoffs of the architecture; (C) actions that can be used for training plenishment, and frequent technological re- (C) meets realistic requirements; veterans for civilian certifications not later fresh. (D) produces and fosters excellence, inno- than one year after hiring them in skills ap- (8) The current cost-constrained budget en- vation, and competition; plicable to Government contracts relating to vironment dictates that the United States (E) produces innovative satellite systems cyber and cyber related work; can no longer ignore the costs of systems in under 5 years that are able to leverage (2) to encourage Federal agencies to mod- and potentially less expensive alternatives. common, standardized design elements and ify or waive a skill required for the perform- (9) In April 2009, Secretary of Defense Rob- commercially available technologies; ance of an awarded contract when the con- ert Gates said that the United States needed (F) takes advantage of rapid advances in tract supports cyber or cyber-related work to reform acquisition across the Department commercial technology, innovation, and and is to be performed by a veteran assigned of Defense, that the costs of the ‘‘exquisite commercial-like acquisition practices; and to work on such contract and the contractor solution’’ were making defense unaffordable, (G) fosters competition and a robust indus- provides training to the veteran in order to and that ‘‘we needed to shift away from the trial base. meet the modified or waived requirement by 99-percent exquisite service-centric plat- (c) STRATEGY ON THE UNITED STATES OVER- not later than one year after the date of such forms that are so costly and so complex that HEAD SATELLITE ARCHITECTURE.— assignment; they take forever to build and only then in (1) REQUIREMENT FOR STRATEGY.—The Di- (3) to require contractors to validate very limited quantities. With the pace of rector of National Intelligence, the Sec- that—

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.048 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3800 CONGRESSIONAL RECORD — SENATE June 4, 2015 (A) the veterans hired by the contractors At the end of subtitle E of title VIII, add SEC. 1230. SENSE OF CONGRESS ON THE SECU- after the date of the enactment of this Act the following: RITY AND PROTECTION OF IRANIAN meet the minimum skill qualification re- DISSIDENTS LIVING IN CAMP LIB- SEC. 884. USE OF ORGANIC INDUSTRIAL BASE quirements under the contract based on mili- ERTY, IRAQ. FOR PROCUREMENT OF CERTAIN (a) FINDINGS.—Congress makes the fol- tary training; and ITEMS. (B) the contractors provide training to lowing findings: such veterans in order to meet the original (a) GUIDANCE.—The Secretary of Defense, (1) The residents of Camp Liberty, Iraq, re- qualification requirement of such contract in consultation with the Director of the De- nounced violence and unilaterally disarmed within one year of such assignment; and fense Logistics Agency, shall issue feasible more than a decade ago. (4) to modify such audit, oversight, and al- policy recommendations that could increase (2) The United States recognized the resi- lowable cost requirements as may be appli- the efficiency and effectiveness within the dents of the former Camp Ashraf who now re- cable to Federal contracts to recognize and existing capabilities of the organic indus- side in Camp Liberty as ‘‘protected persons’’ take into account the actions taken by a trial base. under the Fourth Geneva Convention and contractor under paragraph (3) as being in (b) REPORT.—Not later than 180 days after committed itself to protect the residents. compliance with the terms and conditions of the date of the enactment of this Act, the (3) The deterioration in the overall secu- a contract. Secretary of Defense, in consultation with rity situation in Iraq has increased the vul- the Director of the Defense Logistics Agen- nerability of Camp Liberty residents to at- SA 1664. Mr. SCHUMER submitted an cy, shall submit to the congressional defense tacks from proxies of the Iranian Revolu- amendment intended to be proposed to committees a report describing implementa- tionary Guards Corps and Sunni extremists associated with the Islamic State of Iraq and amendment SA 1463 proposed by Mr. tion of the guidance issued under subsection (a) and including recommendations to in- the Levant (ISIL). MCCAIN to the bill H.R. 1735, to author- (4) The increased vulnerability underscores ize appropriations for fiscal year 2016 crease efficiency and effectiveness within the existing capabilities of the organic base. the need for an expedited relocation process for military activities of the Depart- and that these Iranian dissidents will neither ment of Defense and for military con- be safe nor secure in Camp Liberty. struction, to prescribe military per- SA 1666. Mr. KIRK (for himself, Mr. (b) SENSE OF CONGRESS.—It is the sense of sonnel strengths for such fiscal year, DURBIN, Mr. INHOFE, Mr. MARKEY, Mr. Congress that the United States should— and for other purposes; which was or- MANCHIN, and Ms. WARREN) submitted (1) take prompt and appropriate steps in an amendment intended to be proposed accordance with international agreements to dered to lie on the table; as follows: promote the physical security and protection At the end of subtitle A of title VIII, add to amendment SA 1463 proposed by Mr. of Camp Liberty residents; the following: MCCAIN to the bill H.R. 1735, to author- (2) urge the Government of Iraq to uphold SEC. 811. IMPLEMENTATION OF VALUE-BASED ize appropriations for fiscal year 2016 its commitments to the United States to en- ACQUISITIONS. for military activities of the Depart- sure the safety and well-being of those living (a) VALUE-BASED ACQUISITION PROCESS RE- ment of Defense and for military con- in Camp Liberty; QUIRED.— struction, to prescribe military per- (3) urge the Government of Iraq to ensure (1) IN GENERAL.—Not later than 90 days sonnel strengths for such fiscal year, continued and reliable access to food, clean after the date of the enactment of this Act, water, electricity and other energy needs, the Secretary of Defense and the Secretaries and for other purposes; which was or- and any other equipment and supplies nec- of each of the military departments shall dered to lie on the table; as follows: essary to sustain the residents during peri- independently submit to the congressional At the end of subtitle G of title X, add the ods of attack or siege by external forces; defense committees a study that proposes following: (4) oppose the extradition of Camp Liberty methodologies for measuring and optimizing residents to Iran; the targeted and returned value of each de- SEC. 1085. OBSERVANCE OF VETERANS DAY. (5) implement a strategy to provide for the partment’s acquisition portfolio, as quantifi- (a) TWO MINUTES OF SILENCE.—Chapter 1 of safe, secure, and permanent relocation of able and verifiable as a function of utility, title 36, United States Code, is amended by Camp Liberty residents that includes the monetary cost, and time-to-capability and adding at the end the following new section: steps that would need to be taken by the for purposes of comprising the disparate ca- United States, the United Nations High Com- ‘‘§ 145. Veterans Day pability options that might populate an opti- missioner for Refugees (UNHCR), and the mal portfolio. ‘‘The President shall issue each year a Camp Liberty residents to potentially relo- (2) SCOPE OF METHODOLOGY.—The value proclamation calling on the people of the cate some residents to the United States; based acquisition portfolio management United States to observe two minutes of si- (6) encourage the residents of Camp Lib- methodology proposed under this subsection lence on Veterans Day in honor of the serv- erty to fully cooperate with United States, shall— ice and sacrifice of veterans throughout the Iraq, and international authorities in the re- (A) consider demonstrated commercial and history of the Nation, beginning at— location process; and government best practice for value-centric ‘‘(1) 3:11 p.m. Atlantic standard time; (7) assist the United Nations High Commis- management, engineering, and procurement; ‘‘(2) 2:11 p.m. eastern standard time; sioner for Refugees in expediting the ongoing (B) consider watchdog report recommenda- ‘‘(3) 1:11 p.m. central standard time; resettlement of all residents of Camp Lib- tions regarding Department of Defense ‘‘(4) 12:11 p.m. mountain standard time; erty to safe locations outside Iraq. aquisition shortcomings; ‘‘(5) 11:11 a.m. Pacific standard time; (C) be consistent with the intent of exist- ‘‘(6) 10:11 a.m. Alaska standard time; and SA 1668. Mr. BOOZMAN submitted an ing and emerging acquisition and related ‘‘(7) 9:11 a.m. Hawaii-Aleutian standard amendment intended to be proposed to policies; time.’’. amendment SA 1463 proposed by Mr. (D) address linkages and collaboration (b) CLERICAL AMENDMENT.—The table of MCCAIN to the bill H.R. 1735, to author- across Defense [PPBS, JCIDS, A&A], Engi- sections for chapter 1 of title 36, United ize appropriations for fiscal year 2016 neering, Procurement, and Sustainment States Code, is amended by adding at the end for military activities of the Depart- processes; and the following new item: (E) provide mathematically robust, ment of Defense and for military con- tailorable, optimization algorithms suitable ‘‘145. Veterans Day.’’. struction, to prescribe military per- for supporting value-based acquisition port- sonnel strengths for such fiscal year, folio investment decisions, and management SA 1667. Mr. MCCAIN (for himself and and for other purposes; which was or- across the spectrum of Department of De- Mr. BLUNT) submitted an amendment dered to lie on the table; as follows: fense programs. intended to be proposed to amendment At the end of subtitle D of title III, add the following: SA 1665. Mr. KIRK submitted an SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to authorize appropria- SEC. 332. REPORT ON AIR NATIONAL GUARD MIS- amendment intended to be proposed to SION CHANGES AND IMPACTS TO amendment SA 1463 proposed by Mr. tions for fiscal year 2016 for military PUBLIC AIRPORTS. MCCAIN to the bill H.R. 1735, to author- activities of the Department of Defense (a) REPORT.— ize appropriations for fiscal year 2016 and for military construction, to pre- (1) REPORT REQUIRED.—Not later than 180 for military activities of the Depart- scribe military personnel strengths for days after the date of the enactment of this ment of Defense and for military con- such fiscal year, and for other pur- Act, the Secretary of the Air Force shall submit to the congressional defense commit- struction, to prescribe military per- poses; which was ordered to lie on the table; as follows: tees a report detailing the number of Air Na- sonnel strengths for such fiscal year, tional Guard units that have undergone a and for other purposes; which was or- At the end of subtitle B of title XII, add mission change in the previous 5 years and dered to lie on the table; as follows: the following: who are tenants at a public airport.

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(2) ELEMENTS.—The report required under amended by inserting after the item relating such subsection were limited to manufactur- paragraph (1) shall include the following ele- to section 107 the following new item: ers in the National Technology and Indus- ments: ‘‘107A. Honoring as veterans certain persons trial Base. (A) A comprehensive list of Air National who performed service in the (c) DETERMINATION REQUIRED.—Upon com- Guard units, by State, that have undergone a reserve components.’’. pletion of the assessment required under submission change from a flying mission to a re- section (a), the Secretary shall make a de- motely piloted aircraft mission, an intel- SA 1670. Ms. HIRONO submitted an termination whether manufacturers of the ligence mission, or any other type of mission amendment intended to be proposed to components described in such subsection that does not involve operating and main- amendment SA 1463 proposed by Mr. should be included in the National Tech- taining manned aircraft at a public airport nology and Industrial Base. MCCAIN to the bill H.R. 1735, to author- in the previous 5 years. ize appropriations for fiscal year 2016 (d) REPORT.—Not later than February 15, (B) An assessment of which units listed in 2016, the Secretary of the Navy shall submit subparagraph (A), prior to undergoing a mis- for military activities of the Depart- a report to the congressional defense com- sion change, had an Airport Joint Use Agree- ment of Defense and for military con- mittees based on the results of the assessment in place with the public airport where struction, to prescribe military per- ment required under subsection (a) and the the unit is a tenant in order to financially sonnel strengths for such fiscal year, determination required under subsection (c). compensate that airport for the use of run- and for other purposes; which was or- ways, taxiways, air traffic control towers, dered to lie on the table; as follows: SA 1673. Mr. WARNER submitted an crash, rescue and firefighting services, or On page 653, between lines 17 and 18, insert amendment intended to be proposed to any other relevant services. amendment SA 1463 proposed by Mr. (C) The annual amount for the previous 5 the following: years that each Air National Guard unit list- (D) Australia. MCCAIN to the bill H.R. 1735, to authored under subparagraph (B) paid to the public (E) Japan. ize appropriations for fiscal year 2016 for military activities of the Depart- airport at which they are a tenant under Ms. HIRONO submitted an that unit’s Airport Joint Use Agreement. SA 1671. ment of Defense and for military con- (D) An assessment of which units listed amendment intended to be proposed to struction, to prescribe military per- under subparagraph (B) have subsequently amendment SA 1463 proposed by Mr. sonnel strengths for such fiscal year, canceled their Airport Joint Use Agreement MCCAIN to the bill H.R. 1735, to author- and for other purposes; which was or- since undergoing a mission change. ize appropriations for fiscal year 2016 dered to lie on the table; as follows: (E) A cost assessment, by unit listed in for military activities of the Depart- subparagraph (D), of what the rental value is ment of Defense and for military con- At the end of subtitle C of title VII, add the following: for the property that the unit occupies at the struction, to prescribe military per- public airport where the unit is a tenant. sonnel strengths for such fiscal year, SEC. 738. STUDY ON PROVIDING CONCURRENT (F) An evaluation from the Office of Eco- CERTIFICATION BY DEPARTMENT nomic Adjustment on whether and under and for other purposes; which was or- OF DEFENSE AND DEPARTMENT OF what circumstances the Office can offer fi- dered to lie on the table; as follows: VETERANS AFFAIRS TO PHYSICIANS SERVING ON ACTIVE DUTY. nancial assistance to public airports that At the end of subtitle E of title XII, add have an Air National Guard unit as a tenant the following: (a) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall that has undergone a mission change that re- SEC. 1264. SPECIAL FOREIGN MILITARY SALES sulted in the termination of an Airport Joint STATUS FOR THE PHILIPPINES. jointly conduct a study on the feasibility Use Agreement. The Arms Export Control Act (22 U.S.C. and advisability of providing any member of (b) DEFINITIONS.— 2751 et seq.) is amended— the Armed Forces on active duty serving as (1) In this section, the term ‘‘public air- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), a physician with certification to practice as port,’’ means an airport that is open to civil- 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), a physician for the Department of Veterans ian air traffic, both private and commercial. 62(c)(1), and 63(a)(2), by inserting ‘‘the Phil- Affairs in order to facilitate the transition of (2) In this section, the term ‘‘rental value,’’ ippines,’’ before ‘‘or New Zealand’’ each such member to employment in the Depart- means the amount which, in a competitive place it appears; ment of Veterans Affairs upon the retire- market, a well-informed and willing lessee (2) in section 3(b)(2), by inserting ‘‘the Gov- ment, separation, or release of such member would pay and which a well-informed and ernment of the Philippines,’’ before ‘‘or the from the Armed Forces. willing lessor would accept for the tem- Government of New Zealand’’; and (b) REPORT.—Not later than 180 days after porary use and enjoyment of the property. (3) in section 21(h), by inserting ‘‘the Phil- the date of the enactment of this Act, the ippines,’’ before ‘‘or Israel’’ each place it ap- Secretary of Defense and the Secretary of SA 1669. Mr. BOOZMAN (for himself, pears. Veterans Affairs shall jointly submit to Con- Mr. DONNELLY, and Mr. TOOMEY) sub- gress a report on the feasibility and advis- mitted an amendment intended to be SA 1672. Ms. BALDWIN submitted an ability of providing members of the Armed proposed to amendment SA 1463 pro- amendment intended to be proposed to Forces on active duty serving as physicians with the certification described in sub- posed by Mr. MCCAIN to the bill H.R. amendment SA 1463 proposed by Mr. section (a). 1735, to authorize appropriations for MCCAIN to the bill H.R. 1735, to author- fiscal year 2016 for military activities ize appropriations for fiscal year 2016 SA 1674. Mr. WARNER submitted an of the Department of Defense and for for military activities of the Depart- amendment intended to be proposed to military construction, to prescribe ment of Defense and for military con- amendment SA 1463 proposed by Mr. military personnel strengths for such struction, to prescribe military per- MCCAIN to the bill H.R. 1735, to author- fiscal year, and for other purposes; sonnel strengths for such fiscal year, ize appropriations for fiscal year 2016 which was ordered to lie on the table; and for other purposes; which was or- for military activities of the Depart- as follows: dered to lie on the table; as follows: ment of Defense and for military con- At the end of subtitle G of title X, add the At the end of subtitle E of title VIII, add struction, to prescribe military per- following: the following: sonnel strengths for such fiscal year, SEC. 1085. PROVISION OF STATUS UNDER LAW BY SEC. 884. ASSESSMENT OF THE INDUSTRIAL BASE and for other purposes; which was or- HONORING CERTAIN MEMBERS OF TO MANUFACTURE CERTAIN AUXIL- THE RESERVE COMPONENTS OF THE IARY SHIP COMPONENTS. dered to lie on the table; as follows: ARMED FORCES AS VETERANS. (a) ASSESSMENT.—The Secretary of the At the end of subtitle B of title VII, add (a) IN GENERAL.—Chapter 1 of title 38, Navy shall conduct an assessment of the the following: United States Code, is amended by inserting ability of the industrial base to manufacture SEC. 721. PILOT PROGRAM ON SHARING OF PHY- after section 107 the following new section: and support the following components for SICIAN WORKFORCE AMONG DE- ‘‘§ 107A. Honoring as veterans certain persons auxiliary ships: PARTMENT OF DEFENSE AND DE- who performed service in the reserve com- (1) Auxiliary equipment, including pumps, PARTMENT OF VETERANS AFFAIRS. ponents for all shipboard services. (a) IN GENERAL.—The Secretary of Defense ‘‘Any person who is entitled under chapter (2) Propulsion system components, includ- and the Secretary of Veterans Affairs shall 1223 of title 10 to retired pay for nonregular ing engines, reduction gears, and propellers. jointly conduct a pilot program to assess the service or, but for age, would be entitled (3) Shipboard cranes and spreaders for ship- feasibility and advisability of allowing med- under such chapter to retired pay for nonreg- board cranes. ical facilities of the Department of Defense ular service shall be honored as a veteran (b) SCOPE.—In conducting the assessment and medical facilities of the Department of but shall not be entitled to any benefit by required under subsection (a), the Secretary Veterans Affairs that are located within 40 reason of this section.’’. shall examine the potential cost, schedule, miles of each other to share primary care (b) CLERICAL AMENDMENT.—The table of and performance impacts by ship class if pro- physicians for the purpose of performing rou- sections at the beginning of such chapter is curement of the components described in tine medical care.

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(b) ADMINISTRATIVE ACTIONS NECESSARY.— other contingency operation (as that term is Secretary shall take appropriate measures to In carrying out the pilot program, the Sec- defined in section 101 of title 10) and exclud- ensure, to the maximum extent practicable, retary of Defense and the Secretary of Vet- ing service on active duty in entry level and that all members of the Armed Forces de- erans Affairs shall jointly determine the ad- skill training for all other individuals’’. ployed abroad on the date of taking such ministrative action required to be taken by tabulation are— each Secretary— SA 1677. Mr. UDALL submitted an ‘‘(1) fully and accurately counted; and (1) to ensure the sharing of scheduling amendment intended to be proposed to ‘‘(2) properly attributed to the State in records and medical records between the De- amendment SA 1463 proposed by Mr. which their permanent duty station or partment of Defense and the Department of MCCAIN to the bill H.R. 1735, to author- homeport is located on such date.’’. Veterans Affairs; ize appropriations for fiscal year 2016 (b) CONSTRUCTION.—The amendments made (2) to minimize the impact of the pilot pro- by subsection (a) shall not be construed to gram on wait times and patient load at each for military activities of the Depart- affect the residency status of any member of medical facility participating in the pilot ment of Defense and for military con- the Armed Forces under any provision of law program; and struction, to prescribe military per- other than title 13, United States Code. (3) to maintain a high quality of care at sonnel strengths for such fiscal year, each such medical facility. and for other purposes; which was or- SA 1679. Mr. PAUL submitted an (c) LOCATION OF CARE.—To the maximum dered to lie on the table; as follows: amendment intended to be proposed to extent possible, health care provided to a pa- At the end of subtitle C of title VII, add amendment SA 1463 proposed by Mr. tient under the pilot program shall be pro- the following: MCCAIN to the bill H.R. 1735, to author- vided at the location in which the patient ize appropriations for fiscal year 2016 would have been provided health care if the SEC. 738. SUBMITTAL OF INFORMATION TO SEC- RETARY OF VETERANS AFFAIRS RE- for military activities of the Depart- pilot program was not being carried out. LATING TO EXPOSURE TO AIRBORNE ment of Defense and for military con- HAZARDS AND OPEN BURN PITS. struction, to prescribe military per- SA 1675. Mr. UDALL submitted an (a) IN GENERAL.—Not later than 180 days amendment intended to be proposed to after the date of the enactment of this Act, sonnel strengths for such fiscal year, amendment SA 1463 proposed by Mr. and periodically thereafter, the Secretary of and for other purposes; which was or- MCCAIN to the bill H.R. 1735, to author- Defense shall submit to the Secretary of Vet- dered to lie on the table; as follows: ize appropriations for fiscal year 2016 erans Affairs such information in the posses- At the appropriate place, insert the fol- for military activities of the Depart- sion of the Secretary of Defense as the Sec- lowing: ment of Defense and for military con- retary of Veterans Affairs considers nec- SEC. lll. NATURAL GAS PRODUCTION, TREAT- essary to supplement and support— MENT, MANAGEMENT, AND USE, struction, to prescribe military per- (1) the development of information to be FORT KNOX, KENTUCKY. sonnel strengths for such fiscal year, included in the Airborne Hazards and Open (a) IN GENERAL.—Chapter 449 of title 10, and for other purposes; which was or- Burn Pit Registry established by the Depart- United States Code, is amended by adding at dered to lie on the table; as follows: ment of Veterans Affairs under section 201 of the end of the following: At the end of subtitle C of title II, add the the Dignified Burial and Other Veterans’ ‘‘§ 4781. Natural gas production, treatment, following: Benefits Improvement Act of 2012 (Public management, and use, Fort Knox, Kentucky SEC. 236. AUTHORIZATION FOR CONDUCT OF Law 112–260; 38 U.S.C. 527 note); and ‘‘(a) AUTHORITY.—The Secretary of the TECHNOLOGY TRANSFER PILOT (2) research and development activities Army (referred to in this section as the ‘Sec- PROGRAMS. conducted by the Department of Veterans retary’) may provide, by contract or other- The Secretary of Defense may carry out Affairs to explore the potential health risks wise, for the production, treatment, manage- one or more pilot programs through the re- of exposure by members of the Armed Forces ment, and use of natural gas located under search laboratories of the Department of De- to environmental factors in Iraq and Afghan- Fort Knox, Kentucky, without regard to sec- fense to expand technology transfer activi- istan, in particular the connection of such tion 3 of the Mineral Leasing Act for Ac- ties by partnering with regional research exposure to respiratory illnesses such as quired Lands (30 U.S.C. 352). universities and nonprofit research corpora- chronic cough, chronic obstructive pul- ‘‘(b) LIMITATION ON USES.—Any natural gas tions to spur innovation, economic growth, monary disease, constrictive bronchiolitis, produced pursuant to subsection (a)— and a high-tech, diverse workforce. and pulmonary fibrosis. ‘‘(1) may only be used to support activities (b) INCLUSION OF CERTAIN INFORMATION.— and operations at Fort Knox; and SA 1676. Mr. UDALL (for himself and The Secretary of Defense shall include in the ‘‘(2) may not be sold for use elsewhere. Mr. HEINRICH) submitted an amend- information submitted to the Secretary of ‘‘(c) OWNERSHIP OF FACILITIES.—The Sec- ment intended to be proposed to Veterans Affairs under subsection (a) infor- retary may take ownership of any gas pro- amendment SA 1463 proposed by Mr. mation on any research and surveillance ef- duction and treatment equipment and facili- forts conducted by the Department of De- MCCAIN to the bill H.R. 1735, to author- ties and associated infrastructure from a fense to evaluate the incidence and preva- ize appropriations for fiscal year 2016 contractor in accordance with the terms of a lence of respiratory illnesses among mem- contract or other agreement entered into for military activities of the Depart- bers of the Armed Forces who were exposed pursuant to subsection (a). ment of Defense and for military con- to open burn pits while deployed overseas. ‘‘(d) NO APPLICATION ELSEWHERE.— struction, to prescribe military per- ‘‘(1) IN GENERAL.—The authority provided sonnel strengths for such fiscal year, SA 1678. Mr. PAUL submitted an by this section applies only with respect to and for other purposes; which was or- amendment intended to be proposed to Fort Knox, Kentucky. dered to lie on the table; as follows: amendment SA 1463 proposed by Mr. ‘‘(2) EFFECT OF SECTION.—Nothing in this section authorizes the production, treat- At the end of subtitle G of title X, add the MCCAIN to the bill H.R. 1735, to author- ment, management, or use of natural gas re- following: ize appropriations for fiscal year 2016 for military activities of the Depart- sources underlying any Department of De- SEC. 1085. EXPANSION OF ELIGIBILITY FOR POST- fense installation other than Fort Knox. 9/11 EDUCATIONAL ASSISTANCE TO ment of Defense and for military con- ‘‘(e) APPLICABILITY.—The authority of the INCLUDE SERVICE ON ACTIVE DUTY struction, to prescribe military per- IN ENTRY LEVEL AND SKILL TRAIN- Secretary under this section is effective be- ING UNDER CERTAIN CIR- sonnel strengths for such fiscal year, ginning on August 2, 2007.’’. CUMSTANCES. and for other purposes; which was or- (b) CLERICAL AMENDMENT.—The table of (a) FOR INDIVIDUALS WHO SERVE BETWEEN dered to lie on the table; as follows: sections of chapter 449 of title 10, United States Code, is amended by adding at the end 18 AND 24 MONTHS.—Section 3311(b)(5)(A) of At the appropriate place, insert the fol- the following: title 38, United States Code, is amended by lowing: striking ‘‘excluding’’ and inserting ‘‘includ- ‘‘4781. Natural gas production, treatment, SEC. lll. IMPROVED ENUMERATION OF MEM- ing’’. BERS OF THE ARMED FORCES IN management, and use, Fort (b) FOR INDIVIDUALS WHO SERVED IN OPER- ANY TABULATION OF TOTAL POPU- Knox, Kentucky.’’. ATION ENDURING FREEDOM, OPERATION IRAQI LATION BY SECRETARY OF COM- FREEDOM, OR CERTAIN OTHER CONTINGENCY MERCE. SA 1680. Mr. PAUL submitted an OPERATIONS.—Section 3311(b) of such title is (a) IN GENERAL.—Section 141 of title 13, amendment intended to be proposed to amended in paragraphs (6)(A) and (7)(A) by United States Code, is amended— amendment SA 1463 proposed by Mr. striking ‘‘excluding service on active duty in (1) by redesignating subsection (g) as sub- MCCAIN to the bill H.R. 1735, to author- entry level and skill training’’ and inserting section (h); and ize appropriations for fiscal year 2016 ‘‘including service on active duty in entry (2) by inserting after subsection (f) the fol- level and skill training for individuals who lowing: for military activities of the Depart- served on active duty in the Armed Forces in ‘‘(g) Effective beginning with the 2020 de- ment of Defense and for military con- Operation Enduring Freedom, Operation cennial census of population, in taking any struction, to prescribe military per- Iraqi Freedom, Operation New Dawn, or any tabulation of total population by States, the sonnel strengths for such fiscal year,

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.056 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3803 and for other purposes; which was or- the amount of the increase to be available Defense Dependents Developmental Disabil- dered to lie on the table; as follows: for operation and maintenance, Defense- ities Account. wide, for the Office of Economic Adjustment ‘‘(B) Funds for treatment under this sub- At the end of subtitle F of title X, add the for the Defense Industry Adjustment. section may be derived only from the De- following: (b) OFFSET.—The amount authorized to be fense Dependents Developmental Disabilities SEC. 1065. DECLASSIFICATION AND PUBLIC RE- appropriated for fiscal year 2016 by section Account.’’. LEASE OF CERTAIN REDACTED POR- 1503 for procurement for overseas contin- (b) DEFENSE DEPENDENTS DEVELOPMENTAL TIONS OF THE JOINT INQUIRY INTO DISABILITIES ACCOUNT.— INTELLIGENCE COMMUNITY ACTIVI- gency operations is hereby reduced by (1) ESTABLISHMENT.— TIES BEFORE AND AFTER THE TER- $33,100,000, with the amount of the reduction RORIST ATTACKS OF SEPTEMBER to be applied to amounts available for the (A) IN GENERAL.—There is hereby estab- 2001. Joint Improvised Explosive Device Defeat lished on the books of the Treasury an ac- (a) DECLASSIFICATION AND PUBLIC RELEASE Fund for Staff and Infrastructure. count to be known as the ‘‘Defense Depend- OF THE JOINT INQUIRY INTO INTELLIGENCE ents Developmental Disabilities Account’’ COMMUNITY ACTIVITIES BEFORE AND AFTER SA 1683. Mrs. MURRAY (for herself, (in this subsection referred to as the ‘‘Ac- count’’). THE TERRORIST ATTACKS OF SEPTEMBER Mr. MURPHY, Mrs. GILLIBRAND, and Mr. (B) SEPARATE ACCOUNT.—The Account shall 2001.—Not later than 60 days after the date of BLUNT) submitted an amendment in- the enactment of this Act and subject to sub- be a separate account for the Department of tended to be proposed to amendment Defense, and shall not be a subaccount with- section (b), the President shall declassify and SA 1463 proposed by Mr. MCCAIN to the release to the public the previously redacted in the Defense Health Program account of bill H.R. 1735, to authorize appropria- the Department. portions of the report on the Joint Inquiry (2) ELEMENTS.—The Account shall consist into Intelligence Community Activities Be- tions for fiscal year 2016 for military of amounts authorized to be appropriated or fore and After the Terrorist Attacks of Sep- activities of the Department of Defense transferred to the Account. tember 2001, filed in the Senate and the and for military construction, to pre- (3) EXCLUDED SOURCES OF ELEMENTS.— House of Representatives on December 20, scribe military personnel strengths for Amounts in the Account may not be derived 2002, including all the material under the such fiscal year, and for other pur- from transfers from the following: heading ‘‘Part Four—Findings, Discussion poses; which was ordered to lie on the (A) The Department of Defense Medicare- and Narrative Regarding Certain Sensitive table; as follows: Eligible Retiree Health Care Fund under National Security Matters’’. At the end of subtitle A of title VII, add chapter 56 of title 10, United States Code. (b) EXCEPTION FOR NAMES AND INFORMATION the following: (B) The Coast Guard Retired Pay Account. OF INDIVIDUALS AND CERTAIN METHODOLO- SECTION 706. BEHAVIORAL HEALTH TREATMENT (C) The National Oceanic and Atmospheric GIES.—Notwithstanding subsection (a), the Administration Operations, Research, and President is not required to declassify and OF DEVELOPMENTAL DISABILITIES UNDER THE TRICARE PROGRAM. Facilities Account. release to the public the names and identi- (a) BEHAVIORAL HEALTH TREATMENT OF DE- (D) The Public Health Service Retirement fying information of individuals or specific VELOPMENTAL DISABILITIES UNDER Pay and Medical Benefits for Commissioned methodologies described in the report re- TRICARE.—Section 1077 of title 10, United Officers Account. ferred to in subsection (a) if such declas- States Code, is amended by adding at the end (4) AVAILABILITY.—Amounts in the Account sification and release would result in immi- the following new subsection: shall be available for the treatment of devel- nent lawless action or compromise presently ‘‘(g)(1) Subject to paragraph (4), in pro- opmental disabilities in covered bene- on-going national security operations. viding health care under subsection (a), the ficiaries pursuant to subsection (g) of section treatment of developmental disabilities (as 1077 of title 10, United States Code (as added SA 1681. Mrs. MURRAY submitted an defined in section 102(8) of the Develop- by subsection (a)). Amounts in the Account amendment intended to be proposed to mental Disabilities Assistance and Bill of shall be so available until expended. amendment SA 1463 proposed by Mr. Rights Act of 2000 (42 U.S.C. 15002(8))), in- (5) FUNDING.— MCCAIN to the bill H.R. 1735, to author- cluding autism spectrum disorder, shall in- (A) AUTHORIZATION OF APPROPRIATIONS.— ize appropriations for fiscal year 2016 clude behavioral health treatment, including There is hereby authorized to be appro- for military activities of the Depart- applied behavior analysis, when prescribed priated for fiscal year 2016 for the Depart- ment of Defense and for military con- by a physician or psychologist. ment of Defense for the Defense Dependents Developmental Disabilities Account, struction, to prescribe military per- ‘‘(2) In carrying out this subsection, the Secretary shall ensure that— $50,000,000. sonnel strengths for such fiscal year, ‘‘(A) except as provided by subparagraph (B) TRANSFER FOR CONTINUATION OF EXIST- and for other purposes; which was or- (B)— ING SERVICES.—From amounts authorized to dered to lie on the table; as follows: ‘‘(i) in the case of a State that requires li- be appropriated for the Department of De- At the end of subtitle E of title VIII, add censing or certification of applied behavioral fense for the Defense Health Program for fis- the following: analysts under State law, applied behavior cal year 2016, the Secretary of Defense shall SEC. 884. PROCUREMENT OF ANCHOR AND MOOR- analysis or other behavioral health treat- transfer to the Defense Dependents Develop- ING CHAIN. ment is provided by an individual who is li- mental Disabilities Account $270,000,000. censed or certified to provide such analysis Section 2534(a)(3) of title 10, United States Mrs. MURRAY (for herself, Code, is amended— or treatment in accordance with the laws of SA 1684. (1) in the paragraph heading, by inserting the State; and Ms. BALDWIN, Mrs. GILLIBRAND, and Mr. ‘‘AND MOORINGS’’ after ‘‘NAVAL VESSELS’’; and ‘‘(ii) in the case of a State other than a PETERS) submitted an amendment in- (2) by adding at the end the following new State described in clause (i), applied behav- tended to be proposed to amendment subparagraph: ior analysis or other behavioral health treat- SA 1463 proposed by Mr. MCCAIN to the ‘‘(C) Department of Defense moorings and ment is provided by an individual who is li- bill H.R. 1735, to authorize appropria- components.’’. censed or certified by an accredited national tions for fiscal year 2016 for military certification board to provide such analysis activities of the Department of Defense SA 1682. Mrs. MURRAY submitted an or treatment; and ‘‘(B) applied behavior analysis or other be- and for military construction, to pre- amendment intended to be proposed to scribe military personnel strengths for amendment SA 1463 proposed by Mr. havioral health treatment may be provided by an employee, contractor, or trainee of a such fiscal year, and for other pur- MCCAIN to the bill H.R. 1735, to author- person described in subparagraph (A) if the poses; which was ordered to lie on the ize appropriations for fiscal year 2016 employee, contractor, or trainee meets min- table; as follows: for military activities of the Depart- imum qualifications, training, and super- At the end of title VII, add the following: ment of Defense and for military con- vision requirements as set forth by the Sec- Subtitle D—Reproductive and Fertility Pres- struction, to prescribe military per- retary. ervation Assistance for Members of the sonnel strengths for such fiscal year, ‘‘(3) Nothing in this subsection shall be Armed Forces construed as limiting or otherwise affecting and for other purposes; which was or- SEC. 741. PROVISION OF FERTILITY TREATMENT the benefits provided to a covered bene- dered to lie on the table; as follows: AND COUNSELING TO SPOUSES, ficiary under— PARTNERS, AND GESTATIONAL SUR- At the end of subtitle A of title III, add the ‘‘(A) this chapter; ROGATES OF CERTAIN MEMBERS OF following: ‘‘(B) title XVIII of the Social Security Act THE ARMED FORCES. SEC. 302. ADDITIONAL FUNDS FOR THE OFFICE (42 U.S.C. 1395 et seq.); or (a) FERTILITY TREATMENT AND COUN- OF ECONOMIC ADJUSTMENT. ‘‘(C) any other law. SELING.— (a) ADDITIONAL FUNDS FOR OPERATION AND ‘‘(4)(A) Treatment may be provided under (1) IN GENERAL.—The Secretary of Defense MAINTENANCE, DEFENSE-WIDE.—The amount this subsection in a fiscal year only to the shall furnish fertility treatment and coun- authorized to be appropriated for fiscal year extent that amounts are provided in advance seling, including through the use of assisted 2016 by section 301 for operation and mainte- in appropriations Acts for the provision of reproductive technology, to a spouse, part- nance is hereby increased by $33,100,000, with such treatment for such fiscal year in the ner, or gestational surrogate of a severely

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(B) the member lacks the capacity to con- of title 10, United States Code, and a mili- (2) ELIGIBILITY FOR TREATMENT AND COUN- sent to the retrieval of gametes and is likely tary testamentary instrument, as defined in SELING.—Fertility treatment and counseling to regain such capacity; and section 1044d(b) of such title, that explicitly shall be furnished under paragraph (1) to a (C) the retrieval of gametes under this sec- specifies the use of their cryopreserved and spouse, partner, or gestational surrogate of a tion is in the medical interest of the mem- stored gametes if such member dies or other- member of the Armed Forces described in ber. wise loses the capacity to consent to the use such paragraph without regard to the sex or (c) CONSENT FOR USE OF RETRIEVED of their cryopreserved and stored gametes. marital status of such member. GAMETES.—Gametes retrieved from a mem- (d) AGREEMENTS.—To carry out this sec- (3) IN VITRO FERTILIZATION.—In the case of ber of the Armed Forces under subsection (a) tion, the Secretary may enter into agree- in vitro fertilization treatment furnished may be used only— ments with private entities that provide under paragraph (1), the Secretary may fur- (1) with the specific consent of the mem- cryopreservation and storage services for nish not more than three completed cycles ber; or gametes. or six attempted cycles of in vitro fertiliza- (2) if the member has lost the ability to SEC. 744. COORDINATION BETWEEN DEPART- tion, whichever occurs first, to a spouse, consent permanently, as determined by a MENT OF DEFENSE AND DEPART- partner, or gestational surrogate described medical professional, as specified in an ad- MENT OF VETERANS AFFAIRS ON in such paragraph. vance directive or testamentary instrument FURNISHING OF FERTILITY TREAT- (b) PROCUREMENT OF GAMETES.—If a mem- executed by the member. MENT AND COUNSELING. ber of the Armed Forces described in sub- (d) DISPOSAL OF GAMETES.—In accordance (a) IN GENERAL.—The Secretary of Defense section (a) is unable to provide their gametes with regulations prescribed by the Secretary and the Secretary of Veterans Affairs shall for purposes of fertility treatment under sub- for purpose of this subsection, the Secretary share best practices and facilitate referrals, section (a), the Secretary shall, at the elec- shall dispose of gametes retrieved from a as they consider appropriate, on the fur- tion of such member, allow such member to member of the Armed Forces under sub- nishing of fertility treatment and counseling receive such treatment with donated section (a)— to individuals eligible for the receipt of such gametes and pay or reimburse such member (1) with the specific consent of the mem- counseling and treatment from the Secre- the reasonable costs of procuring gametes ber; or taries. from a donor. (2) if the member— (b) MEMORADUM OF UNDERSTANDING.—The (c) CONSTRUCTION.—Nothing in this section (A) has lost the ability to consent perma- Secretary of Defense and the Secretary of shall be construed to require the Secretary— nently, as determined by a medical profes- Veterans Affairs shall enter into a memo- (1) to find or certify a gestational surro- sional; and randum of understanding— gate for a member of the Armed Forces or to (B) has not specified the use of their (1) providing that the Secretary of Defense connect a gestational surrogate with a mem- gametes in an advance directive or testa- will ensure access by the Secretary of Vet- ber of the Armed Forces; or mentary instrument executed by the mem- erans Affairs to any gametes of veterans (2) to find or certify gametes from a donor ber. stored by the Department of Defense for pur- for a member of the Armed Forces or to con- SEC. 743. CRYOPRESERVATION AND STORAGE OF poses of furnishing fertility treatment; and nect a member of the Armed Forces with GAMETES OF MEMBERS OF THE (2) authorizing the Department of Veterans gametes from a donor. ARMED FORCES ON ACTIVE DUTY. Affairs to compensate the Department of De- (d) DEFINITIONS.—In this section: (a) IN GENERAL.—The Secretary of Defense fense for the cryopreservation and storage of (1) FERTILITY TREATMENT.—The term ‘‘fer- shall provide members of the Armed Forces gametes of veterans under section 743. tility treatment’’ includes the following: on active duty in the Armed Forces with the opportunity to cryopreserve and store their (A) Procedures that use assisted reproduc- SA 1685. Mr. NELSON (for himself tive technology. gametes prior to deployment to a combat (B) Sperm retrieval. zone. and Ms. COLLINS) submitted an amend- (C) Egg retrieval. (b) PERIOD OF TIME.— ment intended to be proposed to (D) Artificial insemination. (1) IN GENERAL.—The Secretary shall pro- amendment SA 1463 proposed by Mr. (E) Embryo transfer. vide for the cryopreservation and storage of MCCAIN to the bill H.R. 1735, to author- (F) Such other treatments as the Secretary gametes of any member of the Armed Forces ize appropriations for fiscal year 2016 of Defense considers appropriate. under subsection (a), at no cost to the mem- for military activities of the Depart- (2) ASSISTED REPRODUCTIVE TECHNOLOGY.— ber, in a facility of the Department of De- fense or of a private entity pursuant to a ment of Defense and for military con- The term ‘‘assisted reproductive technology’’ struction, to prescribe military per- includes in vitro fertilization and other fer- contract under subsection (d) until the date tility treatments in which both eggs and that is one year after the retirement, separa- sonnel strengths for such fiscal year, sperm are handled when clinically appro- tion, or release of the member from the and for other purposes; which was or- priate. Armed Forces. dered to lie on the table; as follows: (3) PARTNER.—The term ‘‘partner’’, with (2) CONTINUED CRYOPRESERVATION AND At the end of part II of subtitle D of title respect to a member of the Armed Forces, STORAGE.—At the end of the one-year period VI, add the following: means an individual selected by the member specified in paragraph (1), the Secretary shall permit an individual whose gametes SEC. 643. THREE-YEAR EXTENSION OF PAYMENT who agrees to share with the member the pa- OF SPECIAL SURVIVOR INDEMNITY rental responsibilities with respect to any were cryopreserved and stored in a facility of ALLOWANCES UNDER THE SUR- child born as a result of the use of any fer- the Department as described in that para- VIVOR BENEFIT PLAN. tility treatment under this section. graph to select, including pursuant to an ad- Section 1450(m) of title 10, United States SEC. 742. ESTABLISHMENT OF FERTILITY PRES- vance medical directive or military testa- Code, is amended— ERVATION PROCEDURES AFTER AN mentary instrument completed under sub- (1) in paragraph (2)(I), by striking ‘‘fiscal INJURY OR ILLNESS. section (c), one of the following options: year 2017’’ and inserting ‘‘each of fiscal years (a) IN GENERAL.—The Secretary of Defense, (A) To continue such cryopreservation and 2017 through 2020’’; and acting through the Assistant Secretary of storage in such facility with the cost of such (2) in paragraph (6)— Defense for Health Affairs, shall establish cryopreservation and storage borne by the (A) by striking ‘‘September 30, 2017’’ and procedures for the retrieval of gametes, as individual. inserting ‘‘September 30, 2020’’; and soon as medically appropriate, from a mem- (B) To transfer the gametes to a private (B) by striking ‘‘October 1, 2017’’ each place ber of the Armed Forces in cases in which cryopreservation and storage facility se- it appears and inserting ‘‘October 1, 2020’’. the fertility of such member is potentially lected by the individual. jeopardized as a result of an injury or illness (C) To transfer the gametes to a facility of SA 1686. Mr. MORAN submitted an incurred or aggravated while serving on ac- the Department of Veterans Affairs if amendment intended to be proposed to tive duty in the Armed Forces in order to cryopreservation and storage is available to preserve the medical options of such mem- the individual at such facility. amendment SA 1463 proposed by Mr. ber. (3) DISPOSAL OF GAMETES.—If an individual MCCAIN to the bill H.R. 1735, to author- (b) CONSENT FOR RETRIEVAL OF GAMETES.— described in paragraph (2) does not make a ize appropriations for fiscal year 2016 Gametes may be retrieved from a member of selection under subparagraph (A), (B), or (C) for military activities of the Depart- the Armed Forces under subsection (a) of such paragraph, the Secretary may dis- ment of Defense and for military con- only— pose of the gametes of the individual not ear- struction, to prescribe military per- (1) with the specific consent of the mem- lier than the date that is 90 days after the sonnel strengths for such fiscal year, ber; or end of the one-year period specified in para- and for other purposes; which was or- (2) if the member is unable to consent, if a graph (1) with respect to the individual. medical professional determines that— (c) ADVANCE MEDICAL DIRECTIVE AND MILI- dered to lie on the table; as follows: (A) the future fertility of the member is TARY TESTAMENTARY INSTRUMENT.—A mem- At the end of part II of subtitle H of title potentially jeopardized as a result of an in- ber of the Armed Forces who elects to V, add the following:

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SEC. 593. REPORT ON EXEMPTION FROM FUR- (1) DELAY REQUIRED.—Any finding by the ly submit to the Committee on Energy and LOUGH DURING A LAPSE IN APPRO- Secretary of the Interior under clause (i), Natural Resources of the Senate and the PRIATIONS FOR POSITIONS FILLED (ii), or (iii) of section 4(b)(3)(B) of the Endan- Committee on Natural Resources of the BY INDIVIDUALS ENGAGED IN MILI- gered Species Act of 1973 (16 U.S.C. House of Representatives a report on the TARY EQUIPMENT AND WEAPON SYS- TEMS MAINTENANCE WITHIN THE 1533(b)(3)(B)) with respect to the Greater Secretaries’ implementation and effective- DEPARTMENT OF DEFENSE. Sage Grouse made during the period begin- ness of systems to monitor the status of (a) REPORT REQUIRED.—Not later than ning on September 30, 2015, and ending on the Greater Sage Grouse on Federal lands under March 1, 2016, the Secretary of Defense shall, date of the enactment of this Act shall have their jurisdiction. in coordination with the Chief of the Na- no force or effect in law or in equity, and the (g) JUDICIAL REVIEW.—Notwithstanding tional Guard Bureau, submit to the Commit- Secretary of the Interior may not make any any other provision of statute or regulation, tees on Armed Services of the Senate and the such finding during the period beginning on this section, including determinations made House of Representatives a report on the ex- the date of the enactment of this Act and under subsection (d)(3), shall not be subject emption from furlough during a lapse in ap- ending on September 30, 2025. to judicial review. propriations for positions filled by individ- (2) EFFECT ON OTHER LAWS.—The delay im- SEC. lll. IMPLEMENTATION OF LESSER PRAI- uals engaged in military equipment and posed by paragraph (1) is, and shall remain, RIE-CHICKEN RANGE-WIDE CON- weapon system maintenance within the De- effective without regard to any other stat- SERVATION PLAN AND OTHER CON- partment of Defense, including the position ute, regulation, court order, legal settle- SERVATION MEASURES. of military technician (dual status) and posi- ment, or any other provision of law or in eq- (a) DEFINITIONS.—In this section: tions of field and depot level maintenance uity. (1) CANDIDATE CONSERVATION AGREE- and engineers. (3) EFFECT ON CONSERVATION STATUS.—Until MENTS.—The terms ‘‘Candidate Conservation (b) ELEMENTS.—The report required by sub- the date specified in paragraph (1), the con- Agreement’’ and ‘‘Candidate and Conserva- section (a) shall include the following: servation status of the Greater Sage Grouse tion Agreement With Assurances’’ have the (1) An analysis of the Department of De- shall remain warranted for listing under the meaning given those terms in— fense positions described in subsection (a), Endangered Species Act of 1973 (16 U.S.C. (A) the announcement of the Department and the personnel, that were exempted from 1531 et seq.), but precluded by higher-priority of the Interior and the Department of Com- furlough during the most recent lapse in ap- listing actions pursuant to clause (iii) of sec- merce entitled ‘‘Announcement of Final Pol- propriations for the Department. tion 4(b)(3)(B) of the Endangered Species Act icy for Candidate Conservation Agreements (2) An analysis of positions filled by indi- of 1973 (16 U.S.C. 1533(b)(3)(B)). with Assurances’’ (64 Fed. Reg. 32726 (June viduals engaged in military equipment and (d) COORDINATION OF FEDERAL LAND MAN- 17, 1999)); and weapon system maintenance within the De- AGEMENT AND STATE CONSERVATION AND MAN- (B) sections 17.22(d) and 17.32(d) of title 50, partment, and the personnel, that were not AGEMENT PLANS.— Code of Federal Regulations (as in effect on exempted from the furlough described in (1) PROHIBITION ON MODIFICATION OF FED- the date of enactment of this Act). paragraph (1). ERAL RESOURCE MANAGEMENT PLANS.—In (2) RANGE-WIDE PLAN.—The term ‘‘Range- (3) A cost analysis of the exemption of po- order to foster coordination between a State Wide Plan’’ means the Lesser Prairie-Chick- sitions from furlough as described in para- management plan and Federal resource man- en Range-Wide Conservation Plan of the graph (1). agement plans that affect the Greater Sage Western Association of Fish and Wildlife Grouse, upon notification by the Governor of Agencies, as endorsed by the United States SA 1687. Mr. LEE (for himself, Mr. a State with a State management plan, the Fish and Wildlife Service on October 23, 2013, INHOFE, Mr. HATCH, Mr. HELLER, Mr. Secretary of the Interior and the Secretary and published for comment on January 29, MORAN, Mr. LANKFORD, Mr. CRAPO, Mr. of Agriculture may not amend or otherwise 2014 (79 Fed. Reg. 4652). (3) SECRETARY.—The term ‘‘Secretary’’ DAINES, Mr. RISCH, and Mr. ROBERTS) modify any Federal resource management plan applicable to Federal lands in the State means the Secretary of the Interior. submitted an amendment intended to (b) PROHIBITION ON TREATMENT AS THREAT- be proposed to amendment SA 1463 pro- in a manner inconsistent with the State management plan for a period, to be speci- ENED OR ENDANGERED SPECIES.— posed by Mr. MCCAIN to the bill H.R. fied by the Governor in the notification, of (1) IN GENERAL.—Notwithstanding any 1735, to authorize appropriations for at least five years beginning on the date of prior action by the Secretary, the lesser fiscal year 2016 for military activities the notification. prairie-chicken shall not be treated as a of the Department of Defense and for (2) RETROACTIVE EFFECT.—In the case of threatened species or endangered species military construction, to prescribe any State that provides notification under under the Endangered Species Act of 1973 (16 military personnel strengths for such paragraph (1), if any amendment or modi- U.S.C. 1531 et seq.) before January 31, 2021. fication of a Federal resource management (2) PROHIBITION ON PROPOSAL.—Effective be- fiscal year, and for other purposes; ginning on January 31, 2021, the lesser prai- which was ordered to lie on the table; plan applicable to Federal lands in the State was issued during the one-year period pre- rie-chicken may not be treated as a threat- as follows: ceding the date of the notification and the ened species or endangered species under the At the appropriate place, insert the fol- amendment or modification altered manage- Endangered Species Act of 1973 (16 U.S.C. lowing: ment of the Greater Sage Grouse or its habi- 1531 et seq.) unless the Secretary publishes a SEC. lll. PROTECTION AND RECOVERY OF tat, implementation and operation of the determination, based on the totality of the GREATER SAGE GROUSE. amendment or modification shall be stayed scientific evidence, that conservation (as (a) DEFINITIONS.—In this section: to the extent that the amendment or modi- that term is used in that Act) under the (1) The term ‘‘Federal resource manage- fication is inconsistent with the State man- Range-Wide Plan and the agreements, pro- ment plan’’ means— agement plan. The Federal resource manage- grams, and efforts referred to in subsection (A) a land use plan prepared by the Bureau ment plan, as in effect immediately before (c) have not achieved the conservation goals of Land Management for public lands pursu- the amendment or modification, shall apply established by the Range-Wide Plan. ant to section 202 of the Federal Land Policy instead with respect to management of the (c) MONITORING OF PROGRESS OF CONSERVA- and Management Act of 1976 (43 U.S.C. 1712); Greater Sage Grouse and its habitat, to the TION PROGRAMS.—The Secretary shall mon- or extent consistent with the State manage- itor and annually submit to Congress a re- (B) a land and resource management plan ment plan. port on progress in conservation of the lesser prepared by the Forest Service for National (3) DETERMINATION OF INCONSISTENCY.—Any prairie-chicken under the Range-Wide Plan Forest System lands pursuant to section 6 of disagreement regarding whether an amend- and all related— the Forest and Rangeland Renewable Re- ment or other modification of a Federal re- (1) Candidate Conservation Agreements sources Planning Act of 1974 (16 U.S.C. 1604). source management plan is inconsistent with and Candidate and Conservation Agreements (2) The term ‘‘Greater Sage Grouse’’ means a State management plan shall be resolved With Assurances; a sage grouse of the species Centrocercus by the Governor of the affected State. (2) other Federal conservation programs urophasianus. (e) RELATION TO NATIONAL ENVIRONMENTAL administered by the United States Fish and (3) The term ‘‘State management plan’’ POLICY ACT OF 1969.—With regard to any Fed- Wildlife Service, the Bureau of Land Man- means a State-approved plan for the protec- eral action consistent with a State manage- agement, and the Department of Agri- tion and recovery of the Greater Sage ment plan, any findings, analyses, or conclu- culture; Grouse. sions regarding the Greater Sage Grouse or (3) State conservation programs; and (b) PURPOSE.—The purpose of this section its habitat under the National Environ- (4) private conservation efforts. is— mental Policy Act of 1969 (42 U.S.C. 4331 et SEC. lll. REMOVAL OF ENDANGERED SPECIES (1) to facilitate implementation of State seq.) shall not have a preclusive effect on the STATUS FOR AMERICAN BURYING management plans over a period of multiple, approval or implementation of the Federal BEETLE. consecutive sage grouse life cycles; and action in that State. Notwithstanding the final rule of the (2) to demonstrate the efficacy of the State (f) REPORTING REQUIREMENT.—Not later United States Fish and Wildlife Service enti- management plans for the protection and re- than one year after the date of the enact- tled ‘‘Endangered and Threatened Wildlife covery of the Greater Sage Grouse. ment of this Act and annually thereafter and Plants; Determination of Endangered (c) ENDANGERED SPECIES ACT OF 1973 FIND- through 2021, the Secretary of the Interior Status for the American Burying Beetle’’ (54 INGS.— and the Secretary of Agriculture shall joint- Fed. Reg. 29652 (July 13, 1989)), the American

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burying beetle shall not be listed as a threat- tional Environmental Policy Act of 1969 (42 ‘‘(2) DEADLINE FOR APPROVAL OF APPLICA- ened or endangered species under the Endan- U.S.C. 4321 et seq.) with respect to a cross- TIONS RELATING TO CANADA AND MEXICO.—In gered Species Act (16 U.S.C. 1531 et seq.). border segment for which a request is re- the case of an application for the importa- ceived under this section, the relevant offi- tion or exportation of natural gas to or from SA 1688. Mr. HOEVEN (for himself cial identified under subparagraph (B), in Canada or Mexico, the Commission shall ap- and Mr. DONNELLY) submitted an consultation with appropriate Federal agen- prove the application not later than 30 days amendment intended to be proposed to cies, shall issue a certificate of crossing for after the date of receipt of the application.’’. amendment SA 1463 proposed by Mr. the cross-border segment unless the relevant (e) TRANSMISSION OF ELECTRIC ENERGY TO MCCAIN to the bill H.R. 1735, to author- official finds that the construction, connec- CANADA AND MEXICO.— tion, operation, or maintenance of the cross- ize appropriations for fiscal year 2016 (1) REPEAL OF REQUIREMENT TO SECURE border segment is not in the public interest for military activities of the Depart- ORDER.—Section 202 of the Federal Power of the United States. Act (16 U.S.C. 824a) is amended— ment of Defense and for military con- (B) RELEVANT OFFICIAL.—The relevant offi- struction, to prescribe military per- (A) by striking subsection (e); and cial referred to in subparagraph (A) is— (B) by redesignating subsections (f) and (g) sonnel strengths for such fiscal year, (i) the Secretary of State with respect to as subsections (e) and (f), respectively. and for other purposes; which was or- oil pipelines; and (2) CONFORMING AMENDMENTS.— dered to lie on the table; as follows: (ii) the Secretary of Energy with respect to (A) STATE REGULATIONS.—Subsection (e) of At the end of subtitle G of title X, add the electric transmission facilities. section 202 of the Federal Power Act (16 following: (C) ADDITIONAL REQUIREMENT FOR ELECTRIC U.S.C. 824a) (as redesignated by paragraph TRANSMISSION FACILITIES.—In the case of a SEC. 1085. ENERGY INFRASTRUCTURE. (1)(B)) is amended in the second sentence by request for a certificate of crossing for the (a) FINDING.—Congress finds that the striking ‘‘insofar as such State regulation United States should establish a more uni- construction, connection, operation, or does not conflict with the exercise of the form, transparent, and modern process for maintenance of a cross-border segment of an Commission’s powers under or relating to the construction, connection, operation, and electric transmission facility, the Secretary subsection 202(e)’’. maintenance of oil and natural gas pipelines of Energy shall require, as a condition of (B) SEASONAL DIVERSITY ELECTRICITY EX- and electric transmission facilities for the issuing the certificate of crossing for the re- CHANGE.—Section 602(b) of the Public Utility import and export of oil and natural gas and quest under subparagraph (A), that the cross- Regulatory Policies Act of 1978 (16 U.S.C. the transmission of electricity to and from border segment of the electric transmission 824a–4(b)) is amended by striking ‘‘the Com- Canada and Mexico, in pursuit of a more se- facility be constructed, connected, operated, mission has conducted hearings and made cure and efficient North American energy or maintained consistent with all applicable the findings required under section 202(e) of market. policies and standards of— the Federal Power Act’’ and all that follows (b) DEFINITIONS.—In this section: (i) the Electric Reliability Organization through the period at the end of the second (1) CROSS-BORDER SEGMENT.—The term and the applicable regional entity; and sentence and inserting ‘‘the Secretary has ‘‘cross-border segment’’ means the portion of (ii) any Regional Transmission Organiza- conducted hearings and finds that the pro- an oil or natural gas pipeline or electric tion or Independent System Operator with posed transmission facilities would not im- transmission facility that is located at the operational or functional control over the pair the sufficiency of electric supply within national boundary of the United States with cross-border segment of the electric trans- the United States or would not impede or Canada or Mexico. mission facility. tend to impede the coordination in the pub- (2) ELECTRIC RELIABILITY ORGANIZATION.— (3) EXCLUSIONS.—This section shall not lic interest of facilities subject to the juris- The term ‘‘Electric Reliability Organiza- apply to any construction, connection, oper- diction of the Secretary.’’. tion’’ has the meaning given the term in sec- ation, or maintenance of a cross-border segment of an oil pipeline or electric trans- (f) NO PRESIDENTIAL PERMIT REQUIRED.— tion 215(a) of the Federal Power Act (16 (1) IN GENERAL.—No Presidential permit (or U.S.C. 824o(a)). mission facility for the import or export of oil or the transmission of electricity to or similar permit) required under an applicable (3) INDEPENDENT SYSTEM OPERATOR.—The provision described in paragraph (2) shall be term ‘‘Independent System Operator’’ has from Canada or Mexico— (A) if the cross-border segment is operating necessary for the construction, connection, the meaning given the term in section 3 of operation, or maintenance of an oil or nat- the Federal Power Act (16 U.S.C. 796). for the import, export, or transmission as of the date of enactment of this Act; ural gas pipeline or electric transmission fa- (4) MODIFICATION.—The term ‘‘modifica- cility, or any cross-border segment of the tion’’ includes— (B) if a permit described in subsection (f) for the construction, connection, operation, pipeline or facility. (A) a change in ownership; (2) APPLICABLE PROVISIONS.—Paragraph (1) (B) a volume expansion; or maintenance has been issued; (C) if a certificate of crossing for the con- applies to— (C) a downstream or upstream interconnec- (A) section 301 of title 3, United States tion; or struction, connection, operation, or maintenance has previously been issued under this Code; (D) an adjustment to maintain flow (such (B) Executive Order 11423 (3 U.S.C. 301 as a reduction or increase in the number of subsection; or (D) if an application for a permit described note); pump or compressor stations). (C) Executive Order 13337 (3 U.S.C. 301 (5) NATURAL GAS.—The term ‘‘natural gas’’ in subsection (f) for the construction, connection, operation, or maintenance is pend- note); has the meaning given the term in section 2 (D) Executive Order 10485 (15 U.S.C. 717b of the Natural Gas Act (15 U.S.C. 717a). ing on the date of enactment of this Act, until the earlier of— note); (6) OIL.—The term ‘‘oil’’ means petroleum (E) Executive Order 12038 (42 U.S.C. 7151 or a petroleum product. (i) the date on which the application is denied; or note); and (7) REGIONAL ENTITY.—The term ‘‘regional (F) any other Executive order. entity’’ has the meaning given the term in (ii) July 1, 2016. section 215(a) of the Federal Power Act (16 (4) EFFECT OF OTHER LAWS.— (g) MODIFICATIONS TO EXISTING PROJECTS.— U.S.C. 824o(a)). (A) APPLICATION TO PROJECTS.—Nothing in No certificate of crossing under subsection (c), or permit described in subsection (f), (8) REGIONAL TRANSMISSION ORGANIZA- this subsection or subsection (g) affects the shall be required for a modification to the TION.—The term ‘‘Regional Transmission Or- application of any other Federal law to a ganization’’ has the meaning given the term project for which a certificate of crossing for construction, connection, operation, or in section 3 of the Federal Power Act (16 the construction, connection, operation, or maintenance of an oil or natural gas pipeline U.S.C. 796). maintenance of a cross-border segment is or electric transmission facility— (c) AUTHORIZATION OF CERTAIN ENERGY IN- sought under this subsection. (1) that is operating for the import or ex- FRASTRUCTURE PROJECTS AT THE NATIONAL (B) ENERGY POLICY AND CONSERVATION port of oil or natural gas or the transmission BOUNDARY OF THE UNITED STATES.— ACT.—Nothing in this subsection or sub- of electricity to or from Canada or Mexico as (1) AUTHORIZATION.—Except as provided in section (g) shall affect the authority of the of the date of enactment of the Act; paragraph (3) and subsection (g), no person President under section 103(a) of the Energy (2) for which a permit described in sub- may construct, connect, operate, or main- Policy and Conservation Act (42 U.S.C. section (f) for the construction, connection, tain a cross-border segment of an oil pipeline 6212(a)). operation, or maintenance has been issued; or electric transmission facility for the im- (d) IMPORTATION OR EXPORTATION OF NAT- or port or export of oil or the transmission of URAL GAS TO CANADA AND MEXICO.—Section (3) for which a certificate of crossing for electricity to or from Canada or Mexico 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) the cross-border segment of the pipeline or without obtaining a certificate of crossing is amended— facility has previously been issued under for the construction, connection, operation, (1) by striking ‘‘(c) For purposes’’ and in- subsection (c). or maintenance of the cross-border segment serting the following: (h) EFFECTIVE DATE; RULEMAKING DEAD- under this section. ‘‘(c) EXPEDITED APPLICATION AND APPROVAL LINES.— (2) CERTIFICATE OF CROSSING.— PROCESS.— (1) EFFECTIVE DATE.—Subsections (c) (A) REQUIREMENT.—Not later than 120 days ‘‘(1) IN GENERAL.—For purposes’’; and through (g), and the amendments made by after final action is taken under the Na- (2) by adding at the end the following: those subsections, take effect on July 1, 2016.

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(2) RULEMAKING DEADLINES.—Each relevant ability for crimes committed during the Syr- (A) Coordinate and direct all activities of official described in subsection (c)(2)(B) ian conflict, including efforts to promote a the Federal Government relating to each shall— transitional justice process that would in- hostage situation described in paragraph (1) (A) not later than 180 days after the date of clude criminal accountability and the estab- to ensure efforts to secure the release of all enactment of this Act, publish in the Federal lishment of an ad hoc tribunal to prosecute hostages in the hostage situation are prop- Register notice of a proposed rulemaking to the perpetrators of war crimes committed erly resourced and correct lines of authority carry out the applicable requirements of sub- during the civil war in Syria; and are established and maintained. section (c); and (C) an assessment of the influence of ac- (B) Establish and direct a fusion cell con- (B) not later than 1 year after the date of countability measures on efforts to reach a sisting of appropriate personnel of the Fed- enactment of this Act, publish in the Federal negotiated settlement to the conflict during eral Government with purview over each Register a final rule to carry out the applica- the reporting period. hostage situation described in paragraph (1). ble requirements of subsection (c). (c) FORM.—The report required under sub- (C) Develop a strategy to keep family section (a) may be in unclassified or classi- members of hostages described in paragraph SA 1689. Mr. CARDIN submitted an fied form, but shall include a publicly avail- (1) informed of the status of such hostages amendment intended to be proposed to able annex. and inform such family members of updates, amendment SA 1463 proposed by Mr. (d) APPROPRIATE CONGRESSIONAL COM- procedures, and policies that do not com- MITTEE DEFINED.—In this section, the term MCCAIN to the bill H.R. 1735, to author- promise the national security of the United ‘‘appropriate congressional committees’’ States. ize appropriations for fiscal year 2016 means— for military activities of the Depart- (1) the Committee on Foreign Relations of (b) LIMITATION ON AUTHORITY.—The author- ment of Defense and for military con- the Senate; and ity of the Coordinator shall be limited to struction, to prescribe military per- (2) the Committee on Foreign Affairs of the hostage cases outside the United States. sonnel strengths for such fiscal year, House of Representatives. (c) QUARTERLY REPORT.— and for other purposes; which was or- (1) IN GENERAL.—On a quarterly basis, the SA 1690. Mr. CARDIN submitted an Coordinator shall submit to the appropriate dered to lie on the table; as follows: amendment intended to be proposed to congressional committees and the members At the end of subtitle F of title XII, add amendment SA 1463 proposed by Mr. of Congress described in paragraph (2) a re- the following: MCCAIN to the bill H.R. 1735, to author- port that includes a summary of each hos- SEC. 1274. REPORT ON ACCOUNTABILITY FOR ize appropriations for fiscal year 2016 tage situation described in subsection (a)(1) WAR CRIMES AND CRIMES AGAINST and efforts to secure the release of all hos- HUMANITY IN SYRIA. for military activities of the Depart- ment of Defense and for military con- tages in such hostage situation. (a) IN GENERAL.—Not later than 90 days (2) MEMBERS OF CONGRESS DESCRIBED.—The after the date of the enactment of this Act, struction, to prescribe military per- members of Congress described in this para- and again not later than 180 days after the sonnel strengths for such fiscal year, graph are, with respect to a United States cessation of violence in Syria, the Secretary and for other purposes; which was or- person hostage covered by a report under of State shall submit to the appropriate con- dered to lie on the table; as follows: paragraph (1), the Senators representing the gressional committees a report on war At the end of subtitle B of title VIII, add State, and the Member, Delegate, or Resi- crimes and crimes against humanity in the following: dent Commissioner of the House of Rep- Syria. SEC. 832. EXTENSION OF LIMITATION ON AGGRE- resentatives representing the district, where (b) ELEMENTS.—The report required under GATE ANNUAL AMOUNT AVAILABLE a hostage described in subsection (a)(1) re- subsection (a) shall include the following ele- FOR CONTRACT SERVICES. sides. ments: Section 808 of the National Defense Au- (3) FORM OF REPORT.—Each report under (1) A description of violations of inter- thorization Act for Fiscal Year 2012 (Public this subsection may be submitted in classi- nationally recognized human rights, war Law 112–81; 125 Stat. 1489), as most recently fied or unclassified form. crimes, and crimes against humanity per- amended by section 813 of the Carl Levin and (d) RULE OF CONSTRUCTION.—Nothing in petrated during the civil war in Syria, in- Howard P. ‘‘Buck’’ McKeon National Defense this section shall be construed as author- cluding— Authorization Act for Fiscal Year 2015 (Pub- (A) an account of incidents that may con- lic Law 113–291; 128 Stat. 3429) is further izing the Federal Government to make constitute war crimes and crimes against hu- amended— cessions to a state sponsor of terrorism or an manity committed by the regime of Presi- (1) in subsections (a) and (b), by striking organization that the Secretary of State has dent Bashar al-Assad and all forces fighting ‘‘or 2015’’ and inserting ‘‘2015, or 2016’’; designated as a foreign terrorist organiza- on its behalf; (2) in subsection (c)(3), by striking ‘‘and tion pursuant to section 219 of the Immigra- (B) an account of incidents that may con- 2015’’ and inserting ‘‘2015, and 2016’’; tion and Nationality Act (8 U.S.C. 1189) or stitute war crimes and crimes against hu- (3) in subsection (d)(4), by striking ‘‘or any other hostage-takers. manity committed by violent extremist 2015’’ and inserting ‘‘2015, or 2016’’; and (e) DEFINITIONS.—In this section: groups, anti-government forces, and any (4) in subsection (e), by striking ‘‘2015’’ and (1) COORDINATOR.—The term ‘‘Coordinator’’ other combatants in the conflict; inserting ‘‘2016’’. means the Interagency Hostage Recovery Co- (C) a description of any incidents that may ordinator designated under subsection (a). violate the principle of medical neutrality SA 1691. Mr. CARDIN submitted an (2) HOSTILE GROUP.—The term ‘‘hostile and, when possible, an identification of the amendment intended to be proposed to group’’ means— individual or individuals who engaged in or amendment SA 1463 proposed by Mr. (A) a group that is designated as a foreign organized such violations; and MCCAIN to the bill H.R. 1735, to author- terrorist organization under section 219(a) of (D) where possible, a description of the ize appropriations for fiscal year 2016 the Immigration and Nationality Act (8 conventional and unconventional weapons for military activities of the Depart- U.S.C. 1189(a)); (B) a group that is engaged in armed con- used for such crimes and, the origins of the ment of Defense and for military con- weapons. flict with the United States; or (2) A description of efforts by the Depart- struction, to prescribe military per- (C) any other group that the President de- ment of State and the United States Agency sonnel strengths for such fiscal year, termines to be a hostile group for purposes of for International Development to ensure ac- and for other purposes; which was or- this paragraph. countability for violations of internationally dered to lie on the table; as follows: (3) STATE SPONSOR OF TERRORISM.—The recognized human rights, international hu- At the end of subtitle G of title X, add the term ‘‘state sponsor of terrorism’’— manitarian law, and crimes against human- following: (A) means a country the government of ity perpetrated against the people of Syria SEC. 1085. INTERAGENCY HOSTAGE RECOVERY which the Secretary of State has deter- by the regime of President Bashar al-Assad, COORDINATOR. mined, for purposes of section 6(j) of the Ex- violent extremist groups, and other combat- (a) INTERAGENCY HOSTAGE RECOVERY COOR- port Administration Act of 1979, section 620A ants involved in the conflict, including— DINATOR.— of the Foreign Assistance Act of 1961, section (A) a description of initiatives that the (1) IN GENERAL.—Not later than 60 days 40 of the Arms Export Control Act, or any United States Government has undertaken after the date of the enactment of this Act, other provision of law, to be a government to train investigators in Syria on how to the President shall designate an existing that has repeatedly provided support for acts document, investigate, and develop findings Federal officer to coordinate efforts to se- of international terrorism; and of war crimes, including the number of cure the release of United States persons (B) includes North Korea. United States Government or contract per- who are hostages of hostile groups or state sonnel currently designated to work full- sponsors of terrorism. For purposes of car- Mr. CARDIN submitted an time on these issues and an identification of rying out the duties described in paragraph SA 1692. the authorities and appropriations being (2), such officer shall have the title of ‘‘Inter- amendment intended to be proposed to used to support training efforts; agency Hostage Recovery Coordinator’’. amendment SA 1463 proposed by Mr. (B) a description and assessment of Syrian (2) DUTIES.—The Coordinator shall have MCCAIN to the bill H.R. 1735, to author- and international efforts to ensure account- the following duties: ize appropriations for fiscal year 2016

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.055 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3808 CONGRESSIONAL RECORD — SENATE June 4, 2015 for military activities of the Depart- ‘‘(i) in the case of a statement under para- ‘‘(6) DISCLOSURE DATE.—For purposes of ment of Defense and for military con- graph (1)(A), during the period described in this subsection, the term ‘disclosure date’ struction, to prescribe military per- such paragraph, and means— sonnel strengths for such fiscal year, ‘‘(ii) in the case of a statement under para- ‘‘(A) the first date during any calendar graph (1)(B), the period beginning on the year by which a person has made covered dis- and for other purposes; which was or- first day of the preceding calendar year and bursements and received covered transfers dered to lie on the table; as follows: ending on the disclosure date. aggregating in excess of $10,000; and At the end of subtitle E of title X, add the Nothing in this subparagraph is to be con- ‘‘(B) any other date during such calendar following: strued as a prohibition on the use of funds in year by which a person has made covered dis- SEC. 1049. SUNSET OF 2001 AUTHORIZATION FOR such a segregated account for a purpose bursements and received covered transfers USE OF MILITARY FORCE. other than covered disbursements. aggregating in excess of $10,000 since the The Authorization for Use of Military ‘‘(F) If the disbursements were paid out of most recent disclosure date for such calendar Force (Public Law 107–40; 50 U.S.C. 1541 note) funds not described in subparagraph (E), the year. shall terminate on the date that is three names and addresses of all contributors who ‘‘(7) CONTRACTS TO DISBURSE; COORDINATION years after the date of the enactment of this contributed an aggregate amount of $1,000 or WITH OTHER REQUIREMENTS; ETC,.—Rules simi- Act, unless reauthorized. more to the person making the disbursement lar to the rules of paragraphs (5), (6), and (7) during— of subsection (f) shall apply for purposes of ‘‘(i) in the case of a statement under para- SA 1693. Mr. WHITEHOUSE (for him- this subsection.’’. graph (1)(A), during the period described in (b) EFFECTIVE DATE.—The amendment self, Mr. LEAHY, Mr. UDALL, Mr. HEIN- such paragraph, and made by this section shall apply to disburse- RICH, and Mr. BROWN) submitted an ‘‘(ii) in the case of a statement under para- ments made, and transfers received, after the amendment intended to be proposed to graph (1)(B), the period beginning on the date of the enactment of this Act. amendment SA 1463 proposed by Mr. first day of the preceding calendar year and MCCAIN to the bill H.R. 1735, to author- ending on the disclosure date. SA 1694. Ms. HIRONO (for herself and ize appropriations for fiscal year 2016 ‘‘(3) COVERED ENTITY.—For purposes of this Mr. WYDEN) submitted an amendment subsection— for military activities of the Depart- intended to be proposed to amendment ‘‘(A) IN GENERAL.—The term ‘covered enti- ment of Defense and for military con- ty’ means— SA 1463 proposed by Mr. MCCAIN to the struction, to prescribe military per- ‘‘(i) any person who is described in sub- bill H.R. 1735, to authorize appropria- sonnel strengths for such fiscal year, paragraph (B), and tions for fiscal year 2016 for military and for other purposes; which was or- ‘‘(ii) any person who owns 5 percent or activities of the Department of Defense dered to lie on the table; as follows: more of any person described in subpara- and for military construction, to pre- graph (B). At the end of subtitle G of title X, add the scribe military personnel strengths for ‘‘(B) PERSON DESCRIBED.—A person is de- following: such fiscal year, and for other pur- scribed in this subparagraph if such person poses; which was ordered to lie on the SEC. 1085. CAMPAIGN FINANCE DISCLOSURES BY has been awarded a contract from the De- THOSE PROFITING FROM DEFENSE partment of Defense for the procurement of table; as follows: CONTRACTS. goods or services during the previous two fis- At the end of subtitle B of title III, add the (a) IN GENERAL.—Section 304 of the Federal cal years. following: Election Campaign Act of 1974 (52 U.S.C. ‘‘(4) COVERED DISBURSEMENT.—For purposes SEC. 314. SECURE ENERGY INNOVATION PRO- 30104) is amended by adding at the end the of this subsection, the term ‘covered dis- GRAM. following new subsection: bursement’ means a disbursement for any of (a) IN GENERAL.—The Secretary of Defense ‘‘(j) DISCLOSURE BY DEFENSE CONTRACTORS the following: shall conduct a program to develop and sup- .— ‘‘(A) An independent expenditure. port projects designed to foster secure and ‘‘(1) IN GENERAL.—Every covered entity ‘‘(B) A broadcast, cable, or satellite com- reliable sources of energy for military instal- which makes covered disbursements and re- munication (other than a communication de- lations, including incorporation of advanced ceived covered transfers in an aggregate scribed in subsection (f)(3)(B)) which— energy metering, renewable energy, energy amount in excess of $10,000 during any cal- ‘‘(i) refers to a clearly identified candidate storage, and redundant power systems. endar year shall, within 48 hours of each dis- for Federal office; (b) METRICS.—The Secretary of Defense closure date, file with the Commission a ‘‘(ii) is made— shall develop metrics for assessing the costs statement containing the information de- ‘‘(I) in the case of a communication which and benefits associated with secure energy scribed in paragraph (2). refers to a candidate for an office other than projects proposed or implemented as part of ‘‘(2) CONTENTS OF STATEMENT.—Each state- President or Vice President, during the pe- the program conducted under subsection (a). ment required to be filed under this sub- riod beginning on January 1 of the calendar The metrics shall take into account finan- section shall be made under penalty of per- year in which a general or runoff election is cial and operational costs associated with jury and shall contain the following informa- held and ending on the date of the general or sustained losses of power resulting from nat- tion: runoff election (or in the case of a special ural disasters or attacks that damage elec- ‘‘(A) The identification of the person mak- election, during the period beginning on the trical grids serving military installations. ing the disbursement or receiving the trans- date on which the announcement with refer, of any person sharing or exercising direc- spect to such election is made and ending on SA 1695. Ms. HIRONO (for herself and tion or control over the activities of such the date of the special election); or Mr. WYDEN) submitted an amendment person, and of the custodian of the books and ‘‘(II) in the case of a communication which intended to be proposed to amendment accounts of the person making the disburse- refers to a candidate for the office of Presi- SA 1463 proposed by Mr. MCCAIN to the ment or receiving the transfer. dent or Vice President, is made in any State bill H.R. 1735, to authorize appropria- ‘‘(B) The principal place of business of the during the period beginning 120 days before person making the disbursement or receiving the first primary election, caucus, or pref- tions for fiscal year 2016 for military the transfer, if not an individual. erence election held for the selection of dele- activities of the Department of Defense ‘‘(C) The amount of each disbursement or gates to a national nominating convention of and for military construction, to pre- transfer of more than $200 during the period a political party is held in any State (or, if scribe military personnel strengths for covered by the statement and the identifica- no such election or caucus is held in any such fiscal year, and for other pur- tion of the person to whom the disbursement State, the first convention or caucus of a po- poses; which was ordered to lie on the was made or from whom the transfer was re- litical party which has the authority to table; as follows: ceived. nominate a candidate for the office of Presi- ‘‘(D) The elections to which the disburse- dent or Vice President) and ending on the At the end of subtitle B of title III, add the ments or transfers pertain and the names (if date of the general election; and following: known) of the candidates involved. ‘‘(iii) in the case of a communication SEC. 314. AUTHORITY TO USE ENERGY SAVINGS ‘‘(E) If the disbursements were paid out of which refers to a candidate for an office INVESTMENT FUND FOR ENERGY MANAGEMENT INITIATIVES. a segregated bank account which consists of other than President or Vice President, is Section 2919(b)(2) of title 10, United States funds contributed solely by individuals who targeted to the relevant electorate (within Code, is amended by striking ‘‘, to the extent are United States citizens or nationals or the meaning of subsection (f)(3)(C)). provided for in an appropriations Act,’’. lawfully admitted for permanent residence ‘‘(C) A transfer to another person for the (as defined in section 101(a)(20) of the Immi- purposes of making a disbursement described SA 1696. Ms. HIRONO (for herself and gration and Nationality Act (8 U.S.C. in subparagraph (A) or (B). Mr. WYDEN) submitted an amendment 1101(a)(20))) directly to this account for elec- ‘‘(5) COVERED TRANSFER.—For purposes of tioneering communications, the names and this subsection, the term ‘covered transfer’ intended to be proposed to amendment addresses of all contributors who contributed means any amount received by a covered en- SA 1463 proposed by Mr. MCCAIN to the an aggregate amount of $1,000 or more to tity for the purposes of making a covered bill H.R. 1735, to authorize appropria- that account during— disbursement. tions for fiscal year 2016 for military

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.057 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3809 activities of the Department of Defense (4) An analysis of the extent to which en- quired by subsection (a) is accessible through and for military construction, to pre- ergy security requirements of the Depart- an Internet website of the Department of De- scribe military personnel strengths for ment of Defense are enhanced by incorpora- fense and by all employees of the Depart- such fiscal year, and for other pur- tion of section 332 requirements in the acqui- ment and members of the Armed Forces poses; which was ordered to lie on the sition process, and recommendations for fur- whom the Secretary determines appropriate, ther improving section 332 requirements to including all program managers involved in table; as follows: further enhance energy security and mission such research and development efforts, to en- At the end of subtitle B of title III, add the capability requirements. able improved collaboration between mili- following: (c) ENERGY SECURITY DEFINED.—In this sec- tary departments on research and develop- SEC. 314. PLAN TO ENHANCE MISSION READI- tion, the term ‘‘energy security’’ has the ment efforts described in subsection (a), en- NESS THROUGH GREATER ENERGY meaning given the term in section 2924(3) of able sharing of best practices and lessons SECURITY AT CRITICAL MILITARY title 10, United States Code. learned relating to such efforts, and reduce INSTALLATIONS. redundancy in such efforts. (a) IDENTIFICATION OF CRITICAL MILITARY SA 1698. Mr. CASEY (for himself, Mr. INSTALLATIONS.—The Secretary of Defense INHOFE, and Mr. WHITEHOUSE) sub- shall identify ten military installations that SA 1700. Mr. WYDEN (for himself and are— mitted an amendment intended to be Ms. HIRONO) submitted an amendment (1) critical to mission readiness, and proposed to amendment SA 1463 pro- intended to be proposed to amendment (2) susceptible to interruptions of power posed by Mr. MCCAIN to the bill H.R. SA 1463 proposed by Mr. MCCAIN to the due to geographic location, dependence on 1735, to authorize appropriations for bill H.R. 1735, to authorize appropria- connections to the electric grid, or other fac- fiscal year 2016 for military activities tions for fiscal year 2016 for military tors determined by the Secretary. of the Department of Defense and for activities of the Department of Defense (b) REPORT.— military construction, to prescribe (1) IN GENERAL.—Not later than September and for military construction, to pre- military personnel strengths for such scribe military personnel strengths for 30, 2016, the Secretary of Defense shall sub- fiscal year, and for other purposes; mit to the congressional defense committees such fiscal year, and for other pur- which was ordered to lie on the table; a report with a plan for integrating energy poses; which was ordered to lie on the as follows: storage, micro-grid technologies, and on-site table; as follows: power generation systems at the military in- At the end of section 1533, add the following: At the end of subtitle B of title III, add the stallations identified under subsection (a) to following: enhance mission readiness. (f) PROVISION TO CERTAIN FOREIGN FORCES SEC. 314. STUDY ON POWER STORAGE CAPACITY (2) FORM.—The report required under para- THROUGH OTHER UNITED STATES GOVERNMENT REQUIREMENT. graph (1) shall be submitted in unclassified AGENCIES.— Not later than September 30, 2016, the Sec- form, but may contain a classified annex as (1) SENSE OF CONGRESS.—It is the sense of retary of Defense shall submit to the con- necessary. Congress that the Department of Defense should increase efforts to combat the use by gressional defense committees a report on SA 1697. Ms. HIRONO (for herself and the terrorist group the Islamic State of Iraq the costs and benefits associated with requiring 25 percent of National Guard and Reserve Mr. WYDEN) submitted an amendment and the Levant (ISIL) of improvised explo- intended to be proposed to amendment sive devices and the illicit smuggling of im- facilities to have at least a 21-day on-site provised explosive device precursor mate- power storage capacity to assist with pro- SA 1463 proposed by Mr. MCCAIN to the rials. viding support to civil authorities in case of bill H.R. 1735, to authorize appropria- (2) PROVISION THROUGH OTHER AGENCIES.—If manmade or natural disasters. tions for fiscal year 2016 for military jointly agreed upon by the Secretary of De- activities of the Department of Defense fense and the head of another department or SA 1701. Mr. WYDEN submitted an and for military construction, to pre- agency of the United States Government, the amendment intended to be proposed to scribe military personnel strengths for Secretary of Defense may transfer funds amendment SA 1463 proposed by Mr. such fiscal year, and for other pur- available under subsection (a) to such de- MCCAIN to the bill H.R. 1735, to author- poses; which was ordered to lie on the partment or agency for the provision by such ize appropriations for fiscal year 2016 table; as follows: department or agency of training, equip- for military activities of the Depart- ment, supplies, and services to ministries At the end of subtitle B of title III, add the and other entities of the Government of Iraq ment of Defense and for military con- following: and nations that border Iraq (other than Iran struction, to prescribe military per- SEC. 314. STUDY ON IMPLEMENTATION OF RE- sonnel strengths for such fiscal year, QUIREMENTS FOR CONSIDERATION and Syria), as described in that subsection. OF FUEL LOGISTICS SUPPORT RE- and for other purposes; which was or- QUIREMENTS, REQUIREMENTS DE- SA 1699. Mr. WYDEN (for himself and dered to lie on the table; as follows: VELOPMENT, AND ACQUISITION Ms. HIRONO) submitted an amendment On page 117, insert between lines 12 and 13, PROCESSES. intended to be proposed to amendment the following (a) REPORT REQUIRED.—Not later than 180 SA 1463 proposed by Mr. MCCAIN to the (b) LOCATION OF RETIREMENT.—Subsection days after the date of the enactment of this bill H.R. 1735, to authorize appropria- Act, the Secretary of Defense shall submit to (f) of such section is further amended— the congressional defense committees a re- tions for fiscal year 2016 for military (1) by redesignating paragraphs (1) and (2) port regarding the implementation of sec- activities of the Department of Defense as subparagraphs (A) and (B), respectively; tion 332 of the Duncan Hunter National De- and for military construction, to pre- (2) by inserting ‘‘(1)’’ before ‘‘If the Sec- fense Authorization Act for Fiscal Year 2009 scribe military personnel strengths for retary’’; (Public Law 110–417; 122 Stat. 4420; 10 U.S.C. such fiscal year, and for other pur- (3) in paragraph (1), as designated by para- 2911 note (in this section referred to as ‘‘sec- poses; which was ordered to lie on the graph (2) of this subsection— (A) by striking ‘‘, and no suitable adoption tion 332’’)), including a description of the im- table; as follows: plementation to date of the requirements for is available at the military facility where At the end of subtitle B of title III, add the consideration of fuel logistics support re- the dog is location,’’; and following: quirements in the planning, requirements de- (B) in subparagraph (B), as designated by velopment, and acquisition processes. SEC. 314. REQUIREMENT TO ESTABLISH REPOSI- paragraph (1) of this subsection, by inserting TORY FOR OPERATIONAL ENERGY- (b) ELEMENTS.—The report required under ‘‘within the United States’’ after ‘‘to another RELATED RESEARCH AND DEVELOP- location’’; and subsection (a) shall include the following ele- MENT EFFORTS OF DEPARTMENT OF ments: DEFENSE. (4) by adding at the end the following new (1) A list of acquisition solicitations that (a) REPOSITORY REQUIRED.—Not later than paragraph (2): incorporate analysis established and devel- December 31, 2016, the Secretary of Defense, ‘‘(2) Paragraph (1) shall not apply if a oped under section 332. acting through the Assistant Secretary of United States citizen living abroad adopts (2) An analysis of the extent to which De- Defense for Research and Engineering and in the dog at the time of retirement.’’. partment of Defense planning, requirements collaboration with the Assistant Secretary development, and acquisition processes in- of Defense for Operational Energy Plans and SA 1702. Mr. BLUMENTHAL sub- corporate or rely on the fully burdened cost Programs and the Secretaries of the military mitted an amendment intended to be of energy and energy key performance pa- departments, shall establish a centralized re- proposed to amendment SA 1463 pro- rameters in relation to other metrics. pository for all operational energy-related posed by Mr. MCCAIN to the bill H.R. (3) An estimate of the total fuel costs research and development efforts of the De- 1735, to authorize appropriations for avoided as a result of inclusion of the fully partment of Defense, including with respect fiscal year 2016 for military activities burdened cost of energy and energy key per- to the inception, operational, and complete formance parameter in acquisitions, includ- phases of such efforts. of the Department of Defense and for ing an estimate of monetary savings and fuel (b) INTERNET ACCESS.—The Secretary of military construction, to prescribe volume savings. Defense shall ensure that the repository re- military personnel strengths for such

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.057 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3810 CONGRESSIONAL RECORD — SENATE June 4, 2015 fiscal year, and for other purposes; (c) CONSULTATION REGARDING PRESEN- On page 645, between lines 16 and 17, insert which was ordered to lie on the table; TATION.—To ensure that the information re- the following: as follows: quired under subsection (a) is presented in (4) At the 2006 North Atlantic Treaty Orga- the most useful and effective way possible nization Summit in Riga, North Atlantic At the appropriate place, insert the fol- for servicemembers, the Secretary of Defense Treaty Organization member countries com- lowing: shall consult with the Secretary of Edu- mitted to endeavor to spend a minimum of SEC. lll. EXPANSION OF DUTIES OF UNDER cation, the Bureau of Consumer Financial two per cent of their national income or SECRETARY OF DEFENSE FOR PER- SONNEL AND READINESS. Protection, and servicemember and con- Gross Domestic Product (GDP) to spending Section 136(b) of title 10, United States sumer advocates. on defense. Code, is amended by striking ‘‘and health af- (5) At the 2014 North Atlantic Treaty Orga- fairs’’ and inserting the following: ‘‘health SA 1705. Mr. COATS (for himself, Mr. nization Summit in Wales, North Atlantic affairs, and the coordination, use, acquisi- RUBIO, and Mr. CORNYN) submitted an Treaty Organization member countries tion, or exchange of joint requirements and amendment intended to be proposed to agreed that ‘‘allies currently meeting the resources with the Secretary of Veterans Af- amendment SA 1463 proposed by Mr. NATO guideline to spend a minimum of 2% of their Gross Domestic Product (GDP) on fairs and implementation of recommenda- MCCAIN to the bill H.R. 1735, to author- tions made under subsection (c)(1) of section defense will aim to continue to do so’’ and ize appropriations for fiscal year 2016 that ‘‘allies whose current proportion of 320 of title 38 and the functions enumerated for military activities of the Depart- under subsection (d) of such section’’. GDP spent on defense is below this level will: ment of Defense and for military con- halt any decline in defense expenditure; aim SA 1703. Mr. DURBIN submitted an struction, to prescribe military per- to increase defense expenditure in real terms amendment intended to be proposed to sonnel strengths for such fiscal year, as GDP grows; aim to move towards the two amendment SA 1463 proposed by Mr. and for other purposes; which was or- percent guideline within a decade with a MCCAIN to the bill H.R. 1735, to author- dered to lie on the table; as follows: view to meeting their NATO Capability Tar- gets and filling NATO’s capability short- ize appropriations for fiscal year 2016 At the end of subtitle E of title XII, add falls’’. the following: for military activities of the Depart- (6) In 2015, four out of the 28 North Atlantic ment of Defense and for military con- SEC. 1264. MILITARY EXCHANGES BETWEEN SEN- Treaty Organization member countries, in- IOR OFFICERS AND OFFICIALS OF struction, to prescribe military per- cluding the United States, meet the two personnel strengths for such fiscal year, THE UNITED STATES AND TAIWAN. (a) IN GENERAL.—The Secretary of Defense cent target. and for other purposes; which was or- should carry out a program of exchanges of On page 646, strike line 16 and insert the dered to lie on the table; as follows: senior military officers and senior officials following: On page 636, between lines 12 and 13, insert between the United States and Taiwan de- spending; and the following: signed to improve military to military rela- (5) the North Atlantic Treaty Organization (10) Training and best practices to identify tions between the United States and Taiwan. member countries are strongly urged to and treat post-traumatic stress disorder (b) EXCHANGES DESCRIBED.—For the pur- meet their commitment under the Wales among Ukrainian Armed Forces and Na- poses of this section, an exchange is an ac- Summit Declaration to spend two percent of tional Guard personnel. tivity, exercise, event, or observation oppor- their Gross Domestic Product on defense. tunity between members of the Armed SA 1704. Mr. DURBIN (for himself, Forces and officials of the Department of De- SA 1707. Mr. GARDNER submitted an Mr. BLUMENTHAL, Mr. REED, Mr. fense, on the one hand, and armed forces per- amendment intended to be proposed to BROWN, Mr. FRANKEN, and Mr. CARPER) sonnel and officials of Taiwan, on the other amendment SA 1463 proposed by Mr. submitted an amendment intended to hand. MCCAIN to the bill H.R. 1735, to author- be proposed to amendment SA 1463 pro- (c) FOCUS OF EXCHANGES.—The exchanges ize appropriations for fiscal year 2016 under the program carried out pursuant to posed by Mr. MCCAIN to the bill H.R. for military activities of the Depart- subsection (a) shall include exchanges fo- 1735, to authorize appropriations for cused on the following: ment of Defense and for military con- fiscal year 2016 for military activities (1) Threat analysis. struction, to prescribe military per- of the Department of Defense and for (2) Military doctrine. sonnel strengths for such fiscal year, military construction, to prescribe (3) Force planning. and for other purposes; which was or- military personnel strengths for such (4) Logistical support. dered to lie on the table; as follows: fiscal year, and for other purposes; (5) Intelligence collection and analysis. At the end of subtitle G of title X, add the which was ordered to lie on the table; (6) Operational tactics, techniques, and following: procedures. as follows: SEC. 1085. CIVILIAN AVIATION ASSET MILITARY (7) Humanitarian assistance and disaster At the end of part II of subtitle D of title PARTNERSHIP PILOT PROGRAM. relief. V, add the following: (a) PARTICIPATION.—The Secretary of De- (d) CIVIL-MILITARY AFFAIRS.—The ex- SEC. 540. AVAILABILITY OF PUBLIC INFORMA- fense, in coordination with the Adminis- changes under the program carried out pur- trator of the Federal Aviation Administra- TION REGARDING CIVIL AND CRIMI- suant to subsection (a) shall include activi- NAL ACTIONS AND INVESTIGATIONS tion, may participate in a Civilian Aviation INVOLVING POSTSECONDARY EDU- ties and exercises focused on civil-military Asset Military Partnership Pilot Program CATIONAL INSTITUTIONS. relations, including parliamentary relations. (in this section referred to as the ‘‘Pro- (a) IN GENERAL.—The Secretary of Defense (e) LOCATION OF EXCHANGES.—The ex- gram’’) in accordance with this section. shall ensure that any online consumer tool changes under the program carried out pur- (b) GRANT AUTHORITY.—Subject to the offered or supported by the Department of suant to subsection (a) shall be conducted in availability of appropriations to carry out Defense that provides information to both the United States and Taiwan. this section, the Secretary, in coordination servicemembers regarding specific postsec- (f) DEFINITIONS.—In this section: with the Administrator, may make a grant ondary educational institutions, such as Tui- (1) The term ‘‘senior military officer’’, under the Program, on a competitive basis, tion Assistance DECIDE or any successor or with respect to the Armed Forces, means a to an eligible airport to assist a project— similar program, includes for each such in- general or flag officer of the Armed Forces (1) to improve aviation infrastructure; or stitution an accounting of pending investiga- on active duty. (2) to repair, replace, or otherwise improve tions and civil or criminal actions against (2) The term ‘‘senior official’’, with respect an eligible tower facility at that airport. the institution by Federal agencies and to the Department of Defense, means a civil- (c) NUMBER.—Not more than three eligible State attorneys general, to the extent such ian official of the Department of Defense at airports may receive a grant under the Pro- information is publicly available. the level of Assistant Secretary of Defense or gram for a fiscal year. (b) SOURCES OF INFORMATION.—In gathering above. (d) AMOUNT.—The amount provided to each publicly available information on investiga- eligible airport that receives a grant under tions and civil or criminal actions described SA 1706. Mr. SESSIONS submitted an the Program may not exceed $2,500,000. in subsection (a), the Secretary of Defense amendment intended to be proposed to (e) ELIGIBILITY.—To be eligible for a grant shall— amendment SA 1463 proposed by Mr. under the Program, an eligible airport shall (1) consult the heads of other Federal agen- MCCAIN to the bill H.R. 1735, to author- submit to the Secretary of Defense an appli- cies and, as practicable, State attorneys gen- ize appropriations for fiscal year 2016 cation at such time, in such form, and con- eral; and for military activities of the Depart- taining such information as the Secretary, (2) review any reports required to be filed ment of Defense and for military con- in coordination with the Administrator, de- with the Securities and Exchange Commis- termines is appropriate. An application shall sion under section 13 or section 15(d) of the struction, to prescribe military per- include, at a minimum, a description of— Securities Exchange Act of 1934 (15 U.S.C. sonnel strengths for such fiscal year, (1) the proposed project with respect to 78m and 78o(d)), including Form 10–Q and and for other purposes; which was or- which a grant is requested, including esti- Form 10–K. dered to lie on the table; as follows: mated costs;

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.065 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3811 (2) the need for the project at the eligible (5) The integrated, multi-year planning lands’’ in section 103 of the Federal Land airport, including how the project will assist and budget strategy for a rebalancing of Policy and Management Act of 1976 (43 both civil aircraft and military aircraft; and United States policy in Asia submitted to U.S.C. 1702). (3) the non-Federal funding available for Congress pursuant to section 7043(a) of the (4) SAGE-GROUSE SPECIES.—The term ‘‘sage- the project. Department of State, Foreign Operations, grouse species’’ means— (f) SELECTION AND TERMS.—The Secretary and Related Programs Appropriations Act, (A) the greater sage-grouse (Centrocercus and the Administrator shall jointly— 2014 (division K of the Consolidated Appro- urophasianus) (including all distinct popu- (1) select eligible airports to receive grants priations Act, 2014 (Public Law 113–76)). lation segments); and under the Program; and (b) PRESIDENTIAL POLICY DIRECTIVE.—The (B) the Gunnison sage-grouse (Centrocercus (2) establish the terms of each grant made President shall issue a Presidential Policy minimus). under the Program. Directive to appropriate departments and (5) SECRETARY.—The term ‘‘Secretary’’ (g) FUNDING.— agencies of the United States Government means— (1) FEDERAL SHARE.—The Federal share of that contains the strategy developed under (A) the Secretary of Agriculture, with re- the cost of a project assisted with a grant subsection (a) and includes implementing spect to National Forest System land; and under the Program may not exceed 70 per- guidance to such departments and agencies. (B) the Secretary of the Interior, with recent. Prioritization shall be given to projects (c) RELATION TO AGENCY PRIORITY GOALS spect to public land. with the lowest Federal share. AND ANNUAL BUDGET.— (6) STATEWIDE PLAN.—The term ‘‘Statewide (2) COORDINATION.—With respect to the (1) AGENCY PRIORITY GOALS.—In identifying plan’’ means a conservation and manage- Federal share of the cost of a project assisted agency priority goals under section 1120(b) of ment plan or plans developed and submitted with a grant under the Program, 50 percent title 31, United States Code, for each appro- to the Secretary by a covered Western State of that Federal share shall be paid by the Ad- priate department and agency of the United for the protection and recovery of any sage- ministrator and 50 percent shall be paid by States Government, the head of such depart- grouse species and the habitat of the sage- the Secretary. ment or agency, or as otherwise determined grouse species within the covered Western (h) TERMINATION.—The Program shall ter- by the Director of the Office of Management State in response to invitations from the minate at the end of the third fiscal year in and Budget, shall take into consideration Secretary of the Interior in December 2011 to which a grant is made under the Program. the strategy developed under subsection (a) submit to the Secretary those plans. (i) DEFINITIONS.—In this section: and the Presidential Policy Directive issued (c) PARTICIPATION IN STATE PLANNING (1) AVIATION INFRASTRUCTURE.—The term under subsection (b). PROCESS.— ‘‘aviation infrastructure’’ means any activ- (2) ANNUAL BUDGET.—The President shall, (1) LIST OF DESIGNEES.— ity defined under the term ‘‘airport develop- acting through the Director of the Office of (A) IN GENERAL.—Not later than 30 days ment’’ in section 47102 of title 49, United Management and Budget, ensure that the an- States Code. after that date of receipt from a covered nual budget submitted to Congress under Western State of a notice described in sub- (2) ELIGIBLE AIRPORT.—The term ‘‘eligible section 1105 of title 31, United States Code, airport’’ means an airport at which— paragraph (B), the Secretary shall provide to includes a separate section that clearly high- the Governor of the covered Western State a (A) military aircraft conduct operations; lights programs and projects that are being and list of designees of the Department of the In- funded in the annual budget that relate to terior or the Department of Agriculture, as (B) civil aircraft operations are conducted. the strategy developed under subsection (a) (3) ELIGIBLE TOWER FACILITY.—The term applicable, who will represent the Secretary and the Presidential Policy Directive issued in assisting in the development and imple- ‘‘eligible tower facility’’ means a tower facil- under subsection (b). ity that— mentation of the Statewide plan. (B) DESCRIPTION OF NOTICE.— (A) is located at an eligible airport; Mr. GARDNER submitted an SA 1709. (i) IN GENERAL.—A notice referred to in (B) is greater than 30 years of age; and amendment intended to be proposed to (C) has demonstrated failings. subparagraph (A) is a notice that a covered amendment SA 1463 proposed by Mr. Western State— SA 1708. Mr. GARDNER submitted an MCCAIN to the bill H.R. 1735, to author- (I) is initiating, or has previously initiated, amendment intended to be proposed to ize appropriations for fiscal year 2016 development of a Statewide plan in accord- amendment SA 1463 proposed by Mr. for military activities of the Depart- ance with clause (ii); or (II) has previously submitted to the Sec- MCCAIN to the bill H.R. 1735, to author- ment of Defense and for military con- ize appropriations for fiscal year 2016 struction, to prescribe military per- retary a Statewide plan in accordance with clause (ii). sonnel strengths for such fiscal year, for military activities of the Depart- (ii) CONTENTS.—A notice under this sub- ment of Defense and for military con- and for other purposes; which was or- paragraph shall include— struction, to prescribe military per- dered to lie on the table; as follows: (I) an invitation to the Secretary to par- sonnel strengths for such fiscal year, At the end of subtitle G of title X, add the ticipate in the development or implementa- and for other purposes; which was or- following: tion of the Statewide plan of the applicable dered to lie on the table; as follows: SEC. 1085. PROTECTION AND RECOVERY OF covered Western State; and At the end of subtitle E of title XII, add GREATER SAGE-GROUSE. (II) a statement that the covered Western the following: (a) PURPOSES.—The purposes of this section State— SEC. 1264. STRATEGY TO PROMOTE UNITED are— (aa) has prepared or will prepare, by not STATES INTERESTS IN THE INDO- (1) to allow States— later than 1 year after the date of submission ASIA-PACIFIC REGION. (A) to determine the appropriate manage- of the notice, a Statewide plan that will pro- (a) STRATEGY.—Not later than 120 days ment of sage-grouse species according to tect and manage sage-grouse species and the after the date of the enactment of this Act, State-created conservation and management habitat of sage-grouse species to the point the President shall develop an overall strat- plans that address the key threats to sage- that designation of sage-grouse species as a egy to promote United States interests in grouse species and the habitat of sage-grouse threatened or endangered species under the the Indo-Asia-Pacific region. Such strategy species within the States; and Endangered Species Act of 1973 (16 U.S.C. shall be informed by the following: (B) to demonstrate that those Statewide 1531 et seq.) is no longer necessary in the (1) The national security strategy of the plans can protect and recover sage-grouse covered Western State; and United States for 2015 set forth in the na- species within the States; and (bb) will— tional security strategy report required (2) to require the Secretary to implement (AA) collect monitoring data such as sage- under section 108(a)(3) of the National Secu- recommendations contained in Statewide grouse species population trends, fuel reduc- rity Act of 1947 (50 U.S.C. 5043(a)(3)), as such plans for the management of sage-grouse tion, predator control, invasive species con- strategy relates to United States interests in species and the habitat of sage-grouse spe- trol, the condition of sage-grouse species the Indo-Asia-Pacific region. cies on Federal land . habitat, or other parameters that address (2) The 2014 Quadrennial Defense Review (b) DEFINITIONS.—In this section: the primary threats to sage-grouse species in (QDR), as it relates to United States inter- (1) COVERED WESTERN STATE.—The term the covered Western State to address how ests in the Indo-Asia-Pacific region. ‘‘covered Western State’’ means each of the the threats identified in the Statewide plan (3) The 2015 Quadrennial Diplomacy and States of California, Colorado, Idaho, Mon- are being reduced and how the objectives Development Review (QDDR), as it relates to tana, Nevada, North Dakota, Oregon, South identified in the Statewide plan are being United States interests in the Indo-Asia-Pa- Dakota, Utah, Washington, and Wyoming. met; and cific region. (2) NATIONAL FOREST SYSTEM LAND.—The (BB) provide to the Secretary relevant (4) The strategy to prioritize United States term ‘‘National Forest System land’’ means data regarding the health of sage-grouse spe- defense interests in the Asia-Pacific region the Federal land within the National Forest cies populations, the condition of sage- as contained in the report required by sec- System, as described in section 11(a) of the grouse species habitat, and activities relat- tion 1251(a) of the Carl Levin and Howard P. Forest and Rangeland Renewable Resources ing to the implementation of the Statewide ‘‘Buck’’ McKeon National Defense Author- Planning Act of 1974 (16 U.S.C. 1609(a)). plan on an annual basis under this section. ization Act for Fiscal Year 2015 (Public Law (3) PUBLIC LAND.—The term ‘‘public land’’ (iii) TIMING.—To be eligible to participate 113–291; 128 Stat. 3570). has the meaning given the term ‘‘public in a planning process under this section, not

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.066 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3812 CONGRESSIONAL RECORD — SENATE June 4, 2015 later than 120 days after the date of enact- (7) assist the covered Western State in 6 years with the consent of the covered West- ment of this Act, a covered Western State monitoring and collecting relevant data on ern State. shall submit to the Secretary a notice de- Federal land to assess sage-grouse species scribed in subparagraph (B). population trends, fuel reductions, predator SA 1710. Mr. KIRK (for himself and (2) ACCESS TO INFORMATION.—Not later than control, invasive species control, the condi- Mr. MENENDEZ) submitted an amend- 60 days after the date of receipt from a cov- tion of sage-grouse species habitat, and other ment intended to be proposed to ered Western State of a notice described in parameters that address the primary threats amendment SA 1463 proposed by Mr. paragraph (1)(B), the Secretary shall provide to sage-grouse in the covered Western State. C AIN to the covered Western State all relevant (e) SECRETARIAL ACTIONS.—Not later than M C to the bill H.R. 1735, to author- scientific data, research, and information re- 30 days after the date of receipt of a State- ize appropriations for fiscal year 2016 garding sage-grouse species and habitat wide plan under this section, and annually for military activities of the Depart- within the covered Western State for use by thereafter during the period in which the ment of Defense and for military con- appropriate State personnel to assist the Secretary determines that the applicable struction, to prescribe military per- covered Western State in the development covered Western State is implementing the sonnel strengths for such fiscal year, and implementation of the Statewide plan. Statewide plan, the Secretary shall— and for other purposes; which was or- (d) RECOGNITION OF STATEWIDE PLAN.—If (1) take necessary steps to maintain or re- the Secretary receives from a covered West- store the candidate species status for any dered to lie on the table; as follows: ern State a Statewide plan by the date that sage-grouse species in the covered Western At the end of subtitle C of title XII, add is 1 year after the date of receipt of a notice State under the Endangered Species Act of the following: under subsection (c)(1) from the covered 1973 (16 U.S.C. 1531 et seq.), for a period of not SEC. 1242. EXTENSION OF IRAN SANCTIONS ACT Western State, the Secretary shall— less than 6 years— OF 1996. (1) when taking any action that could im- (A) to allow for appropriate monitoring Section 13(b) of the Iran Sanctions Act of pact the sage grouse species or the habitat of and collection of data; and 1996 (Public Law 104–172; 50 U.S.C. 1701 note) the species, manage all public land and Na- (B) to assess the achievement of the objec- is amended by striking ‘‘December 31, 2016’’ tional Forest System land within the cov- tives of the Statewide plan; and inserting ‘‘December 31, 2026’’. ered Western State in accordance with the (2) stay any land use planning activities re- Statewide plan for a period of not less than lating to Federal management of sage-grouse SA 1711. Ms. AYOTTE submitted an 6 years, beginning on the date of submission species on public land or National Forest amendment intended to be proposed to to the Secretary of the Statewide plan in ac- System land within the covered Western amendment SA 1463 proposed by Mr. cordance with this section; State; (2) annually— MCCAIN to the bill H.R. 1735, to author- (3) take immediate action to amend all ize appropriations for fiscal year 2016 (A) review the Statewide plan using the Federal land use plans under the Federal best available science and data, using the ob- Land Policy and Management Act of 1976 (43 for military activities of the Depart- jectives and goals contained in the State- U.S.C. 1701 et seq.) and the Forest and ment of Defense and for military con- wide plan as a measure of success; and Rangeland Renewable Resources Planning struction, to prescribe military per- (B) provide to the Governor of the covered Act of 1974 (16 U.S.C. 1600 et seq.) to comply sonnel strengths for such fiscal year, Western State recommendations regarding with the Statewide plan with respect to that and for other purposes; which was or- improvement of the Statewide plan; covered Western State; dered to lie on the table; as follows: (3) use the Statewide plan as the basis for (4) manage all public land and National At the end of subtitle E of title XII, add all relevant determinations under the Na- Forest System land with habitat for any the following: tional Environmental Policy Act of 1969 (42 sage-grouse species in the covered Western U.S.C. 4321 et seq.); State in a manner consistent with sections SEC. 12ll. SOUTHEAST ASIA STRATEGIC PART- (4) permit and assist the covered Western 102(a)(12) and 103(c) of the Federal Land Pol- NERSHIP. State to implement adaptive management, if icy and Management Act of 1976 (43 U.S.C. The Act of March 4, 1907 (34 Stat. 1260, required by the Statewide plan, to respond to 1701(a)(12), 1702(c)) and section 4 of the Forest chapter 2907; 81 Stat. 584), is amended— sage-grouse species conditions as indicated and Rangeland Renewable Resources Plan- (1) in section 1(w), by striking paragraph by monitoring data, meteorological condi- ning Act of 1974 (16 U.S.C. 1602); (2); tions, or fire or other events necessitating (5) immediately reverse any withdrawals or (2) in section 6, by striking subsection (b); adaptation of the Statewide plan; land use restrictions carried out for purposes and (5) require the covered Western State to of protecting or conserving sage-grouse on (3) by repealing section 25. submit to the Secretary annual reports republic land or National Forest System land garding the implementation of the Statewide that are not consistent with a Statewide SA 1712. Mr. FLAKE submitted an plan, including relevant data regarding— plan; and amendment intended to be proposed to (A) actions carried out pursuant to the (6) use State annual reports regarding the amendment SA 1463 proposed by Mr. Statewide plan; and implementation of the Statewide plans sub- MCCAIN to the bill H.R. 1735, to author- (B) population trends, fuel reductions, mitted to the Secretary under subsection predator control, invasive species control, ize appropriations for fiscal year 2016 (d)(5) to prepare the annual Candidate Notice the condition of sage-grouse habitat, and for military activities of the Depart- of Review of the Secretary pursuant to sec- other parameters that address the primary ment of Defense and for military con- tion 4 of the Endangered Species Act of 1973 threats to sage-grouse species in the covered struction, to prescribe military per- (16 U.S.C. 1533). Western State; (f) EXISTING STATE PLANS.—The Secretary sonnel strengths for such fiscal year, (6) require the covered Western State— shall— and for other purposes; which was or- (A) to monitor appropriate sage-grouse (1) give effect to a Statewide conservation dered to lie on the table; as follows: species and habitat data for a period of not and management plan for the protection and Strike section 213. less than 5 years, beginning on the date of recovery of sage-grouse species within a cov- submission of the Statewide plan; and ered Western State that is submitted by the SA 1713. Mr. FLAKE (for himself and (B) to submit to the Secretary, not later covered Western State and approved or en- than 6 years after the date of submission of Mr. TOOMEY) submitted an amendment dorsed by the United States Fish and Wild- intended to be proposed to amendment the Statewide plan and in accordance with life Service before the date of enactment of applicable scientific protocols, a report that this Act; and SA 1463 proposed by Mr. MCCAIN to the includes— (2) for purposes of subsections (d) and (e), bill H.R. 1735, to authorize appropria- (i) a description of the status of implemen- treat such a plan as a Statewide plan in actions for fiscal year 2016 for military tation of the Statewide plan and progress cordance with that subsection. activities of the Department of Defense made in achieving the objectives and goals of (g) ACTIONS PURSUANT TO NEPA.—An ac- and for military construction, to pre- the Statewide plan, including relevant data tion proposed to be carried out pursuant to regarding sage-grouse species population scribe military personnel strengths for the National Environmental Policy Act of such fiscal year, and for other pur- trends, fuel reductions, predator control, 1969 (42 U.S.C. 4321 et seq.) in a covered West- invasive species control, the condition of ern State may not be denied or restricted poses; which was ordered to lie on the sage-grouse species habitat, and other pa- solely on the basis of the presence or protec- table; as follows: rameters that address the primary threats to tion of sage-grouse species in the covered At the end of subtitle B of title III, add the sage-grouse in the covered Western State; Western State, if the action is consistent following: (ii) an estimate of additional time needed, with the Statewide plan of the covered West- SEC. 314. LIMITATION ON FUNDING FOR RE- if any, for implementation of the Statewide ern State. SEARCH AND DEVELOPMENT ALTER- plan; and (h) AUTHORITY TO EXTEND PLAN IMPLEMEN- NATIVE FUEL AWARDS AND DEPART- (iii) necessary modifications to the State- TATION.—On review of the report of a covered MENT OF DEFENSE ALTERNATIVE wide plan to enhance the achievement of the Western State under subsection (d)(6)(B), the FUEL CONTRACTS. objectives and goals of the Statewide plan; Secretary may extend the provisions of this (a) DEFINITION OF ALTERNATIVE FUEL.—In and Act for a period not to exceed an additional this section, the term ‘‘alternative fuel’’ has

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.066 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3813 the meaning given the term in 301 of the En- ‘‘(B) the designation of a new unit of spe- (4) estimated payback period; ergy Policy Act of 1992 (42 U.S.C. 13211). cial use airspace; (5) total project costs; (b) LIMITATION.—None of the funds author- ‘‘(C) the use or establishment of a military (6) actual power generation; ized to be appropriated by this Act or other- flight training route; (7) actual cost savings to date; wise made available for fiscal year 2016 for ‘‘(D) any flight operations of military air- (8) current operational status; and the Department of Defense may be obligated craft; or (9) access to relevant business case docu- or expended for research and development al- ‘‘(E) any ground-based operations in sup- ments, including the economic viability as- ternative fuel awards or Department of De- port of military flight operations; and sessment. fense alternative fuel contracts. ‘‘(2) the Secretary of Defense certifies that (c) NON-DISCLOSURE OF CERTAIN INFORMA- the establishment of the national monu- TION.— SA 1714. Mr. FLAKE submitted an ment— (1) IN GENERAL.—The Secretary of Defense amendment intended to be proposed to ‘‘(A) would not negatively impact any mili- may, on a case-by-case basis, withhold from amendment SA 1463 proposed by Mr. tary flight operations in airspace above the inclusion in the database established under MCCAIN to the bill H.R. 1735, to author- national monument; and subsection (a) information pertaining to in- ize appropriations for fiscal year 2016 ‘‘(B) would not reduce the ability of any dividual projects if the Secretary determines that the disclosure of such information for military activities of the Depart- ground-based operations in support of military flight operations.’’. would jeopardize operational security. ment of Defense and for military con- (2) REQUIRED DISCLOSURE.—In the event the struction, to prescribe military per- SA 1716. Mr. FLAKE submitted an Secretary withholds information related to sonnel strengths for such fiscal year, amendment intended to be proposed to one or more renewable energy projects under and for other purposes; which was or- amendment SA 1463 proposed by Mr. paragraph (1), the Secretary shall include in dered to lie on the table; as follows: MCCAIN to the bill H.R. 1735, to author- the database— At the end of part I of subtitle H of title V, ize appropriations for fiscal year 2016 (A) a statement that information has been add the following: withheld; and for military activities of the Depart- (B) an aggregate amount for each of para- SEC. 584. CONSOLIDATION OF FINANCIAL LIT- ment of Defense and for military con- ERACY PROGRAMS AND TRAINING graphs (1), (2), (3), (5), (6), and (7) of sub- FOR MEMBERS OF THE ARMED struction, to prescribe military per- section (b) that includes amounts for all re- FORCES. sonnel strengths for such fiscal year, newable energy projects described under sub- (a) PLAN REQUIRED.—Not later than one and for other purposes; which was or- section (a), including those with respect to year after the date of the enactment of this dered to lie on the table; as follows: which information has been withheld under paragraph (1) of this subsection. Act, the Secretary of Defense shall submit to At the end of subtitle B of title XV, add (d) UPDATES.—The database established the Committees on Armed Services of the the following: Senate and the House of Representatives a under subsection (a) shall be updated not less SEC. 1523. REPROGRAMMING OF CERTAIN FUNDS than quarterly. report setting forth a plan for the consolida- FOR OPERATION AND MAINTENANCE tion of the current financial training pro- FOR OVERSEAS CONTINGENCY OP- Mr. FLAKE submitted an grams of the Department of Defense and the ERATIONS. SA 1718. military departments for members of the (a) REPROGRAMMING REQUIREMENT.—The amendment intended to be proposed to Armed Forces into a single program of finan- Secretary of Defense shall submit to the con- amendment SA 1463 proposed by Mr. cial training for members that— gressional defense committees a reprogram- MCCAIN to the bill H.R. 1735, to author- (1) eliminates duplication and costs in the ming or transfer request in the amount of ize appropriations for fiscal year 2016 provision of financial training to members; $464,017,143 from unobligated funds in the Op- for military activities of the Depart- and eration and Maintenance, Defense-wide, ac- ment of Defense and for military con- (2) ensures that members receive effective count and available for the Office of Eco- struction, to prescribe military per- training in financial literacy in as few train- nomic Adjustment, or for transfer to the sonnel strengths for such fiscal year, ing sessions as is necessary for the receipt of Secretary of Education, to construct, ren- and for other purposes; which was or- effective training. ovate, repair, or expand elementary and sec- dered to lie on the table; as follows: (b) IMPLEMENTATION.—The Secretary of De- ondary public schools on military installa- fense and the Secretaries of the military de- tions in order to address capacity or facility At the end of subtitle A of title XXVIII, partments shall commence implementation condition deficiencies at such schools, to the add the following: of the plan required by subsection (a) 90 days Operation and Maintenance, Overseas Con- SEC. 2807. CERTIFICATION REQUIREMENT FOR after the date of the submittal of the plan as tingency Operations, account. MILITARY CONSTRUCTION PROJECTS IN AREAS OF CONTIN- required by that subsection. (b) TREATMENT OF REPROGRAMMING.—The GENCY OPERATIONS. transfer of an amount pursuant to subsection Mr. FLAKE submitted an (a) IN GENERAL.—Subchapter I of chapter SA 1715. (a) shall not be deemed to increase the 169 of title 10, United States Code, is amend- amendment intended to be proposed to amount authorized to be appropriated for fis- ed by inserting after section 2804 the fol- amendment SA 1463 proposed by Mr. cal year 2016 for operation and maintenance lowing new section: MCCAIN to the bill H.R. 1735, to author- for overseas contingency operations by section 1505. ‘‘§ 2804a. Certification requirement for mili- ize appropriations for fiscal year 2016 tary construction projects in areas of con- for military activities of the Depart- SA 1717. Mr. FLAKE submitted an tingency operations ment of Defense and for military con- amendment intended to be proposed to ‘‘(a) CERTIFICATION REQUIREMENT.—(1) The struction, to prescribe military per- amendment SA 1463 proposed by Mr. Secretary of Defense may not obligate or ex- sonnel strengths for such fiscal year, pend funds to carry out a military construc- MCCAIN to the bill H.R. 1735, to author- tion project overseas in connection with a and for other purposes; which was or- ize appropriations for fiscal year 2016 dered to lie on the table; as follows: contingency operation (as defined in section for military activities of the Depart- 101(a)(13) of this title) unless the combatant At the end of subtitle G of title X, add the ment of Defense and for military con- commander of the area of operations in following: struction, to prescribe military per- which such project is to be constructed has SEC. 1085. RESTRICTIONS ON THE ESTABLISH- sonnel strengths for such fiscal year, certified to the Secretary of Defense that the MENT OF NATIONAL MONUMENTS. and for other purposes; which was or- project is needed for direct support of a con- Section 320301 of title 54, United States tingency operation within that combatant Code, is amended by adding at the end the dered to lie on the table; as follows: command. following: At the end of subtitle B of title III, add the ‘‘(2) The restriction under paragraph (1) ‘‘(e) RESTRICTIONS ON THE ESTABLISHMENT following: does not apply to planning and design activi- OF NATIONAL MONUMENTS IN MILITARY OPER- SEC. 314. INSTALLATION RENEWABLE ENERGY ties or activities carried out under the au- ATIONS AREAS.—The President shall not es- PROJECT DATABASE. thority of section 2805 of this title. tablish a national monument under this sec- (a) LIMITATION.—Not later than 90 days ‘‘(b) CERTIFICATION GUIDANCE.—The Sec- tion on land that is located under the lateral after the date of the enactment of this Act, retary of Defense shall provide guidance re- boundaries of a military operations area (as the Secretary of Defense shall establish a garding the certification required under sub- the term is defined in section 1.1 of title 14, searchable database to uniformly report in- section (a).’’. Code of Federal Regulations (or successor formation regarding installation renewable (b) CLERICAL AMENDMENT.—The table of regulations)), unless— energy projects undertaken since 2010. sections at the beginning of such subchapter ‘‘(1) the proclamation includes language (b) ELEMENTS.—The database established is amended by adding after the item relating that ensures that the establishment of the under subsection (a) shall include, for each to section 2804 the following new item: national monument would not place any new installation energy project— ‘‘2804a. Certification requirement for mili- limits on— (1) the estimated project costs; tary construction projects in ‘‘(A) low-level overflights of military air- (2) estimated power generation; areas of contingency oper- craft; (3) estimated total cost savings; ations.’’.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0655 E:\CR\FM\A04JN6.060 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3814 CONGRESSIONAL RECORD — SENATE June 4, 2015 SA 1719. Mr. FLAKE submitted an THORITIES TO SUPPORT THE WORFORCE.—Sub- fense shall be exempt from Executive Order amendment intended to be proposed to section (b)(1) of section 115b of title 10, No. 13693 dated March 19, 2015. amendment SA 1463 proposed by Mr. United States Code, is amended— (1) in subparagraph (C), by striking ‘‘and’’ MCCAIN to the bill H.R. 1735, to author- at the end; SA 1723. Mr. CRUZ submitted an ize appropriations for fiscal year 2016 (2) in subparagraph (D), by striking the pe- amendment intended to be proposed to for military activities of the Depart- riod at the end and inserting ‘‘; and’’; and amendment SA 1463 proposed by Mr. ment of Defense and for military con- (3) by adding at the end the following new MCCAIN to the bill H.R. 1735, to author- struction, to prescribe military per- subparagraph: ize appropriations for fiscal year 2016 sonnel strengths for such fiscal year, ‘‘(E) the use of special hiring authorities to for military activities of the Depart- and for other purposes; which was or- be made by such Secretary or head of agency ment of Defense and for military con- dered to lie on the table; as follows: in addressing the matters described in this section and of any other authorities that struction, to prescribe military per- At the end of subtitle A of title XXVIII, would support the enhancement of the qual- sonnel strengths for such fiscal year, add the following: ity of the workforce.’’. and for other purposes; which was or- SEC. 2807. USE OF PROJECT LABOR AGREEMENTS (b) TRANSMITTAL OF REPORTS TO CON- dered to lie on the table; as follows: IN MILITARY CONSTRUCTION GRESS.—Subsection (f) of such section is PROJECTS AND MILITARY FAMILY amended by inserting ‘‘and to Congress’’ At the end of part II of subtitle D of title HOUSING PROJECTS. after ‘‘to the Secretary.’’ VI, add the following: (a) REQUIREMENTS.—Section 2852 of title 10, (c) EFFECTIVE DATE.—The amendments SEC. 643. EQUAL BENEFITS UNDER SURVIVOR United States Code, is amended by adding at made by this section shall take effect on the BENEFIT PLAN FOR SURVIVORS OF the end the following new subsection: date of the enactment of this Act RESERVE COMPONENT MEMBERS ‘‘(d)(1) The Secretary of Defense and the WHO DIE IN THE LINE OF DUTY DUR- Secretaries of the military departments SA 1722. Mr. CRUZ submitted an ING INACTIVE-DUTY TRAINING. awarding a construction contract on behalf amendment intended to be proposed to (a) TREATMENT OF INACTIVE-DUTY TRAINING of the Government, in any solicitations, bid amendment SA 1463 proposed by Mr. IN SAME MANNER AS ACTIVE DUTY.— specifications, project agreements, or other MCCAIN to the bill H.R. 1735, to author- (1) IN GENERAL.—Section 1451(c)(1)(A) of controlling documents, shall not— ize appropriations for fiscal year 2016 title 10, United States Code, is amended— ‘‘(A) require or prohibit bidders, offerors, for military activities of the Depart- (A) in clause (i)— contractors, or subcontractors to enter into ment of Defense and for military con- (i) by inserting ‘‘or 1448(f)’’ after ‘‘section or adhere to agreements with one or more 1448(d)’’; and labor organizations; and struction, to prescribe military personnel strengths for such fiscal year, (ii) by inserting ‘‘or (iii)’’ after ‘‘clause ‘‘(B) discriminate against or give pref- (ii)’’; and erence to bidders, offerors, contractors, or and for other purposes; which was or- (B) in clause (iii)— subcontractors based on their entering or re- dered to lie on the table; as follows: (i) by striking ‘‘section 1448(f) of this title’’ fusing to enter into such an agreement. At the end of subtitle B of title III, add the and inserting ‘‘section 1448(f)(1)(A) of this ‘‘(2) Nothing in this subsection shall pro- following: title by reason of the death of a member or hibit a contractor or subcontractor from vol- SEC. 314. ENERGY FOR THE DEPARTMENT OF DE- former member not in line of duty’’; and untarily entering into such an agreement, as FENSE. (ii) by striking ‘‘active’’. is protected by the National Labor Relations (a) DEPARTMENT OF DEFENSE PURCHASE OF (2) APPLICATION OF AMENDMENTS.—No annu- Act (29 U.S.C. 151 et seq.).’’. ENERGY.—In purchasing energy commodities, ity benefit under the Survivor Benefit Plan (b) APPLICATION OF AMENDMENT.—The including electricity and fuel, the Depart- shall accrue to any person by reason of the amendment made by subsection (a) shall not ment of Defense shall take into account— amendments made by paragraph (1) for any apply to construction contracts awarded be- (1) the reliability of the energy source, period before the date of the enactment of fore the date of the enactment of this Act. with a preference afforded to sources that this Act. With respect to an annuity under offer a constant, non-intermittent supply of the Survivor Benefit Plan for a death occur- SA 1720. Mr. FLAKE submitted an power; and ring on or after September 10, 2001, and be- amendment intended to be proposed to (2) the cost of the energy source in com- fore the date of the enactment of this Act, amendment SA 1463 proposed by Mr. parison with other available and reliable en- the Secretary concerned shall recompute the MCCAIN to the bill H.R. 1735, to author- ergy sources, with a preference afforded to benefit amount to reflect such amendments, ize appropriations for fiscal year 2016 energy sources that are demonstrated to be effective for months beginning after the date more cost-effective in the near term. of the enactment of this Act. for military activities of the Depart- (b) INAPPLICABILITY OF CERTAIN RENEWABLE ment of Defense and for military con- ENERGY AND ALTERNATIVE FUEL REQUIRE- (b) CONSISTENT TREATMENT OF DEPENDENT struction, to prescribe military per- MENTS.— CHILDREN.—Section 1448(f) of such title is sonnel strengths for such fiscal year, (1) GOALS ON USE OF RENEWABLE ENERGY TO amended by adding at the end the following new paragraph: and for other purposes; which was or- MEET ELECTRICITY NEEDS.—Section 2911 of ‘‘(5) DEPENDENT CHILDREN ANNUITY.— dered to lie on the table; as follows: title 10, United States Code, is amended by striking subsection (e). ‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING At the end of subtitle C of title VI, add the (2) FEDERAL PURCHASE REQUIREMENT.—The SPOUSE.—In the case of a person described in following: Department of Defense shall be exempt from paragraph (1), the Secretary concerned shall SEC. 622. TRANSPORTATION TO TRANSFER CERE- the Federal purchase requirement estab- pay an annuity under this subchapter to the MONIES FOR FAMILY AND NEXT OF lished under section 203 of the Energy Policy dependent children of that person under sec- KIN OF MEMBERS OF THE ARMED Act of 2005 (42 U.S.C. 15852). tion 1450(a)(2) of this title as applicable. FORCES WHO DIE OVERSEAS DUR- ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ING HUMANITARIAN OPERATIONS. (3) STRENGTHENING FEDERAL ENVIRON- MENTAL, ENERGY, AND TRANSPORTATION MAN- ELIGIBLE SURVIVING SPOUSE.—The Secretary Section 481f(e)(1) of title 37, United States may pay an annuity under this subchapter to Code, is amended by inserting ‘‘(including AGEMENT.—The Department of Defense shall be exempt from Executive Order 13423 (42 the dependent children of a person described during a humanitarian relief operation)’’ in paragraph (1) under section 1450(a)(3) of after ‘‘located or serving overseas’’. U.S.C. 4321 note; relating to strengthening Federal environmental, energy, and trans- this title, if applicable, instead of paying an portation management). annuity to the surviving spouse under para- SA 1721. Mr. ROUNDS submitted an graph (1), if the Secretary concerned, in con- amendment intended to be proposed to (4) FEDERAL FLEET CONSERVATION REQUIRE- MENTS.—The Department of Defense shall be sultation with the surviving spouse, deter- amendment SA 1463 proposed by Mr. exempt from Federal fleet conservation re- mines it appropriate to provide an annuity MCCAIN to the bill H.R. 1735, to author- quirements established under section 400FF for the dependent children under this para- ize appropriations for fiscal year 2016 of the Energy Policy and Conservation Act graph instead of an annuity for the surviving for military activities of the Depart- (42 U.S.C. 6374e). spouse under paragraph (1).’’. ment of Defense and for military con- (5) FEDERAL LEADERSHIP ON ENERGY MAN- (c) DEEMED ELECTIONS.— struction, to prescribe military per- AGEMENT.—The Department of Defense shall (1) IN GENERAL.—Section 1448(f) of title 10, sonnel strengths for such fiscal year, be exempt from the renewable energy con- United States Code, as amended by sub- and for other purposes; which was or- sumption target established by the docu- section (b), is further amended by adding at ment entitled ‘‘Federal Leadership on En- the end the following new paragraph: dered to lie on the table; as follows: ergy Management: Memorandum for the ‘‘(6) DEEMED ELECTION TO PROVIDE AN ANNU- At the end of title XI, add the following: Heads of Executive Departments and Agen- ITY FOR DEPENDENT.—In the case of a person SEC. 1116. MATTERS RELATING TO BIENNIAL cies’’ and published December 10, 2013 (78 described in paragraph (1) who dies after No- STRATEGIC WORKFORCE PLANS. Fed. Reg. 75209). vember 23, 2003, the Secretary concerned (a) ASSESSMENT OF INTENDED USE OF SPE- (6) PLANNING FOR FEDERAL SUSTAINABILITY may, if no other annuity is payable on behalf CIAL HIRING AUTHORITIES AND OTHER AU- IN THE NEXT DECADE.—The Department of De- of that person under this subchapter, pay an

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.069 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3815 annuity to a natural person who has an in- control of the Department of Defense at (2) actions by Russia, including the inva- surable interest in such person as if the an- United States Naval Station, Guantanamo sion and occupation of territories of Georgia, nuity were elected by the person under sub- Bay to the custody or control of any country the invasion of Ukraine and annexation of section (b)(1). The Secretary concerned may subject to a Department of State travel Crimea, continued violations of allied air- pay such an annuity under this paragraph warning at the time the transfer or release space by Russian military aircraft, and con- only in the case of a person who is a depend- would otherwise occur. tinued unprofessional and potentially dan- ent of that deceased person (as defined in (2) EXCEPTION.—Paragraph (1) shall not gerous close passes with civilian and mili- section 1072(2) of this title). An annuity apply with respect to any country subject to tary aircraft and vessels by Russia threaten under this paragraph shall be computed in a travel warning described in that paragraph that peace and stability; the same manner as provided under subpara- that is issued solely on the basis of one or (3) Operation Atlantic Resolve, launched in graph (B) of subsection (d)(6) for an annuity more of the following: April 2014, demonstrates the steadfast com- under that subsection.’’. (A) Medical deficiencies, infectious disease mitment of the United States to our allies in (2) EFFECTIVE DATE.—No annuity payment outbreaks, or other health-related concerns. the region against any threat to territorial under paragraph (6) of section 1448(f) of title (B) A natural disaster. integrity or sovereignty; 10, United States Code, as added by para- (C) Criminal activity. (4) the European Reassurance Initiative, graph (1) of this subsection, may be made for signed into law in December 2014, has im- any period before the date of the enactment SA 1725. Mr. WICKER submitted an proved United States and North Atlantic of this Act. amendment intended to be proposed to Treaty Organization capability and readiness (d) AVAILABILITY OF SPECIAL SURVIVOR IN- amendment SA 1463 proposed by Mr. in Central and Eastern Europe; DEMNITY ALLOWANCE.— MCCAIN to the bill H.R. 1735, to author- (5) pre-positioning ammunition, fuel, and (1) AVAILABILITY.—Section 1450(m)(1)(B) of ize appropriations for fiscal year 2016 equipment for use in regional training and title 10, United States Code, is amended by for military activities of the Depart- exercises, as well as improving infrastruc- inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. ment of Defense and for military con- ture, will enhance North Atlantic Treaty Or- (2) EFFECTIVE DATE.—No payment under ganization operations and enable Eastern section 1450(m) of title 10, United States struction, to prescribe military per- European allies to rapidly receive reinforce- Code, by reason of the amendment made by sonnel strengths for such fiscal year, ments; paragraph (1) may be made for any period be- and for other purposes; which was or- (6) increasing the presence of United States fore the date of the enactment of this Act. dered to lie on the table; as follows: forces in the region, including naval forces in On page 315, between lines 18 and 19, insert the Black Sea, Baltic Sea, and Barents Seas, SA 1724. Mr. CRUZ submitted an the following: through stepped-up rotations, training, and amendment intended to be proposed to (9) A plan to incorporate into pediatric exercises will enhance and improve United amendment SA 1463 proposed by Mr. care from the Department telehealth serv- States and North Atlantic Treaty Organiza- MCCAIN to the bill H.R. 1735, to author- ices that provide real-time audio and video tion interoperability and cooperation; and ize appropriations for fiscal year 2016 communication between a pediatric patient (7) it is in the United States national inter- for military activities of the Depart- and a health care provider to ensure con- est to continue to these efforts while the ment of Defense and for military con- tinuity of care and affordable access by pa- threat to the territorial integrity and sovereignty of our allies persists. struction, to prescribe military per- tients to health care providers who are leading providers in their field, including those sonnel strengths for such fiscal year, patients with rare diseases or complex cases. SA 1728. Mr. INHOFE (for himself, and for other purposes; which was or- Ms. MIKULSKI, Mr. KAINE, Mr. TILLIS, dered to lie on the table; as follows: SA 1726. Mr. WICKER submitted an Mr. ROUNDS, Mr. SCHATZ, Ms. HIRONO, At the end of subtitle D of title X, add the amendment intended to be proposed to Mr. SESSIONS, Mr. HATCH, Mr. BOOZ- following: amendment SA 1463 proposed by Mr. MAN, Mr. WARNER, Mr. CASEY, Ms. MUR- SEC. 1040. PROHIBITION ON USE OF FUNDS FOR MCCAIN to the bill H.R. 1735, to author- KOWSKI, Mr. NELSON, and Mr. MARKEY) TRANSFER OR RELEASE OF INDIVID- ize appropriations for fiscal year 2016 submitted an amendment intended to UALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, for military activities of the Depart- be proposed to amendment SA 1463 pro- CUBA, TO COUNTRIES COVERED BY ment of Defense and for military con- posed by Mr. MCCAIN to the bill H.R. DEPARTMENT OF STATE TRAVEL struction, to prescribe military per- 1735, to authorize appropriations for WARNINGS. sonnel strengths for such fiscal year, fiscal year 2016 for military activities (a) FINDING.—The Senate makes the fol- and for other purposes; which was or- lowing findings: of the Department of Defense and for (1) The Department of State issues travel dered to lie on the table; as follows: military construction, to prescribe warnings regarding travel to foreign coun- On page 315, between lines 18 and 19, insert military personnel strengths for such tries for reasons that include ‘‘unstable gov- the following: fiscal year, and for other purposes; ernment, civil war, ongoing intense crime or (9) A plan to incorporate into pediatric which was ordered to lie on the table; violence, or frequent terrorist attacks’’. care from the Department telehealth serv- as follows: ices that provide real-time audio and video (2) These travel warnings are issued to Strike section 652 and insert the following: highlight the ‘‘risks of traveling’’ to par- communication between a pediatric patient and a health care provider to ensure con- SEC. 652. REPORT AND ASSESSMENT OF POTEN- ticular countries and are left in place until TIAL COSTS AND BENEFITS OF the situation in the country concerned im- tinuity of care and affordable access by pa- PRIVATIZING DEPARTMENT OF DE- proves. tients to health care providers who are lead- FENSE COMMISSARIES. (b) SENSE OF SENATE.—It is the sense of the ing providers in their field, including those (a) IN GENERAL.—Not later than February Senate that— patients with rare diseases or complex cases. 1, 2016, the Secretary of Defense shall submit (1) countries that pose such a significant to the Committees on Armed Services of the travel threat to United States citizens that SA 1727. Mr. INHOFE submitted an Senate and the House of Representatives a the Department of State feels obliged to amendment intended to be proposed to report assessing the viability of privatizing, issue a travel warning should not be consid- amendment SA 1463 proposed by Mr. in whole or in part, the Department of De- ered an appropriate recipient of any detainee MCCAIN to the bill H.R. 1735, to author- fense commissary system. The report shall transferred from United States Naval Sta- ize appropriations for fiscal year 2016 be so submitted to Congress before the devel- tion, Guantanamo Bay, Cuba; and for military activities of the Depart- opment of any plans or pilot program to pri- (2) if a country is subject to a Department ment of Defense and for military con- vatize defense commissaries or the defense of State travel warning, it is highly unlikely commissary system. that the government of the country can pro- struction, to prescribe military per- (b) ELEMENTS.—The assessment required vide the United States Government appro- sonnel strengths for such fiscal year, by subsection (a) shall include, at a min- priate security and assurances regarding the and for other purposes; which was or- imum, the following: prevention of the recidivism of any detainee dered to lie on the table; as follows: (1) A methodology for defining the total so transferred. At the end of subtitle D of title XII, add number and locations of commissaries. (c) PROHIBITION.— the following: (2) An evaluation of commissary use by lo- (1) IN GENERAL.—Except as provided in SEC. 1257. SENSE OF CONGRESS ON OPERATION cation in the following beneficiary cat- paragraph (2), no amounts authorized to be ATLANTIC RESOLVE AND THE EURO- egories: appropriated by this Act or otherwise avail- PEAN REASSURANCE INITIATIVE. (A) Pay grades E–1 through E–4. able for the Department of Defense may be It is the sense of Congress that— (B) Pay grades E–5 through E–7. used, during the period beginning on the date (1) continued United States commitment (C) Pay grades E–8 and E–9. of the enactment of this Act and ending on to the North Atlantic Treaty Organization (D) Pay grades O–1 through O–3. December 31, 2016, to transfer, release, or as- (NATO) and our allies in Europe is critical to (E) Pay grades O–4 through O–6. sist in the transfer or release of any indi- peace and stability in the region and critical (F) Pay grades O–7 through O–10. vidual detained in the custody or under the to United States national security; (G) Military retirees.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.069 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3816 CONGRESSIONAL RECORD — SENATE June 4, 2015 (3) An evaluation of commissary use in lo- ment by the Comptroller General of the re- to the totality of the term ‘‘software cations outside the continental United port required by subsection (a). sustainment’’ in the definition of ‘‘depot- States and in remote and isolated locations level maintenance and repair’’ under section in the continental United States when com- SA 1729. Mr. HATCH submitted an 2460 of title 10, United States Code. pared with other locations. amendment intended to be proposed to (b) ELEMENTS.— (4) An evaluation of the cost of com- amendment SA 1463 proposed by Mr. (1) IN GENERAL.—The review required by subsection (a) shall address, with respect to missary operations during fiscal years 2009 MCCAIN to the bill H.R. 1735, to author- through 2014. software and weapon systems of the Depart- (5) An assessment of potential savings and ize appropriations for fiscal year 2016 ment of Defense (including space systems), efficiencies to be achieved through imple- for military activities of the Depart- each of the following: mentation of some or all of recommenda- ment of Defense and for military con- (A) Fiscal ramifications of current pro- tions of the Military Compensation and Re- struction, to prescribe military per- grams with regard to the size, scope, and tirement Modernization Commission. sonnel strengths for such fiscal year, cost of software to the program’s overall (6) A description and evaluation of the and for other purposes; which was or- budget, including embedded and support soft- strategy of the Defense Commissary Agency dered to lie on the table; as follows: ware, percentage of weapon systems’ for pricing products sold at commissaries. functionality controlled by software, and re- At the end of subtitle D of title I, add the (7) A description and evaluation of the liance on proprietary data, processes, and following: transportation strategy of the Defense Com- components. missary Agency for products sold at com- SEC. 152. ADDITIONAL SENSOR SUITES FOR F–22 (B) Legal status of the Department in re- missaries. AND F–35 AIRCRAFT RADAR CROSS- gards to adhering to section 2464(a)(1) of such SECTION FACILITIES. (8) A description and evaluation of the for- title with respect to ensuring a ready and (a) ASSESSMENT OF FEASIBILITY OF INCLU- mula of the Defense Commissary Agency for controlled source of maintenance SION OF SENSORS.— calculating savings for its customers as a re- (sustainment) on software for its weapon sult of its pricing strategy. (1) IN GENERAL.—The Secretary of Defense shall conduct an assessment of the feasi- systems. (9) An evaluation of the average savings (C) Operational risks and reduction to ma- per household garnered by commissary use. bility of the inclusion of additional sensor suites to the current radar cross-section fa- teriel readiness of current Department weap- (10) A description and evaluation of the use on systems related to software costs, delays, of private contractors and vendors as part of cilities for the F–22 aircraft and the F–35 aircraft in order to obtain a prognostic facility re-work, integration and functional testing, the defense commissary system. defects, and documentation errors. (11) An assessment of costs or savings, and capability, benefitting life cycle logistics and sustainment, for low observable aircraft. (2) ADDITIONAL MATTERS.—For each of sub- potential impacts to patrons and the Govern- paragraphs (A) through (C) of paragraph (1), ment, of privatizing the defense commissary (2) DISCHARGE OF ASSESSMENT.—The Sec- retary shall conduct the assessment through the review required by subsection (a) shall system, including potential increased use of include review and analysis regarding sole- Government assistance programs. the F–22 Program Office and the Joint Strike Fighter Program Office. source contracts, range of competition, (12) A description and assessment of poten- rights in technical data, public and private (b) NATURE OF SENSORS ASSESSED.—The ad- tial barriers to privatization of the defense capabilities, integration lab initial costs and commissary system. ditional sensors assessed for purposes of subsection (a) shall be sensors that use the elec- sustaining operations, and total obligation (13) An assessment of the extent to which authority costs of software, disaggregated by patron savings would remain after the pri- tromagnetic spectrum to automatically capture sustainment and maintenance data re- armed service, for the Department. vatization of the defense commissary sys- (c) REPORT.—Not later than March 15, 2016, lated to system and subsystem health, struc- tem. the Comptroller General shall submit to the tural integrity, and signature performance of (14) An assessment of the impact of any congressional defense committees and the an aircraft, including structural (surface and recommended changes to the operation of President pro tempore of the Senate a report subsurface) changes effecting the radar sig- the defense commissary system on com- on the policy reviewed under subsection (a) nature to enable precise repairs to its coat- missary patrons, including morale and reten- and the findings of the Comptroller General ings and shape. tion. with respect to such review. (c) ADDITIONAL ELEMENTS OF ASSESS- (15) An assessment of the actual interest of MENT.—The assessment conducted pursuant major grocery retailers in the management SA 1731. Mr. PORTMAN (for himself to subsection (a) shall also include an assess- and operations of all, or part, of the existing and Ms. HIRONO) submitted an amendment of the incorporation of prognostic defense commissary system. health management, autonomic logistics, ment intended to be proposed to (16) An assessment of the impact of privat- and sustainment functions for the additional amendment SA 1463 proposed by Mr. ization of the defense commissary system on sensor suite facility capability described in MCCAIN to the bill H.R. 1735, to author- off-installation prices of similar products subsection (a). ize appropriations for fiscal year 2016 available in the system. (d) REPORT.—Not later than 180 days after (17) An assessment of the impact of privat- for military activities of the Depart- the date of the enactment of this Act, the ization of the defense commissary system, ment of Defense and for military con- Secretary shall submit to Congress a report and conversion of the Defense Commissary struction, to prescribe military per- setting forth a plan for the inclusion of addi- Agency workforce to non-appropriated fund tional sensor suites to the current radar sonnel strengths for such fiscal year, status, on employment of military family cross-section facilities as described in sub- and for other purposes; which was or- members, particularly with respect to pay, section (a). The plan shall take into account dered to lie on the table; as follows: benefits, and job security. the results of the assessment conducted pur- At the end of title VIII, add the following: (18) An assessment of the impact of privat- suant to this section. ization of the defense commissary system on Subtitle F—Construction Consensus Procurement Improvement Exchanges and Morale, Welfare and Recre- SA 1730. Mr. HATCH submitted an ation (MWR) quality-of-life programs. SEC. 891. SHORT TITLE. (c) USE OF PREVIOUS STUDIES.—The Sec- amendment intended to be proposed to (a) SHORT TITLE.—This subtitle may be retary shall consult previous studies and sur- amendment SA 1463 proposed by Mr. cited as the ‘‘Construction Consensus Pro- veys on matters appropriate to the report re- MCCAIN to the bill H.R. 1735, to author- curement Improvement Act of 2015’’. quired by subsection (a), including, but not ize appropriations for fiscal year 2016 SEC. 892. DESIGN-BUILD CONSTRUCTION PROC- limited to, the following: for military activities of the Depart- ESS IMPROVEMENT. (1) The January 2015 Final Report of the ment of Defense and for military con- (a) CIVILIAN CONTRACTS.— (1) IN GENERAL.—Section 3309 of title 41, Military Compensation and Retirement Mod- struction, to prescribe military per- ernization Commission. United States Code, is amended— (2) The 2014 Military Family Lifestyle Sur- sonnel strengths for such fiscal year, (A) by amending subsection (b) to read as vey Comprehensive Report. and for other purposes; which was or- follows: (3) The 2013 Living Patterns Survey. dered to lie on the table; as follows: ‘‘(b) CRITERIA FOR USE.— (4) The report required by section 634 of the At the appropriate place, insert the fol- ‘‘(1) CONTRACTS WITH A VALUE OF AT LEAST Carl Levin and Howard P. ‘‘Buck’’ McKeon lowing: $750,000.—Two-phase selection procedures shall be used for entering into a contract for National Defense Authorization Act for Fis- SEC. lll. COMPTROLLER GENERAL OF THE cal Year 2015 (Public Law 113-291) on the UNITED STATES REVIEW OF DE- the design and construction of a public build- management, food, and pricing options for PARTMENT OF DEFENSE DEFINI- ing, facility, or work when a contracting of- the defense commissary system. TION OF AND POLICY REGARDING ficer determines that the contract has a (d) COMPTROLLER GENERAL ASSESSMENT OF SOFTWARE SUSTAINMENT. value of $750,000 or greater, as adjusted for REPORT.—Not later than May 1, 2016, the (a) REVIEW.—The Comptroller General of inflation in accordance with section 1908 of Comptroller General of the United States the United States shall review the definition this title. shall submit to the Committees on Armed used by the Department of Defense for and ‘‘(2) CONTRACTS WITH A VALUE LESS THAN Services of the Senate and the House of Rep- the policy of the Department regarding soft- $750,000.—For projects that a contracting offi- resentatives a report setting forth an assess- ware maintenance, particularly with respect cer determines have a value of less than

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.067 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3817 $750,000, the contracting officer shall make a procedures are appropriate for use for enter- SEC. 893. PROHIBITION ON THE USE OF A RE- determination whether two-phase selection ing into a contract for the design and con- VERSE AUCTION FOR THE AWARD procedures are appropriate for use for enter- struction of a public building, facility, or OF A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES. ing into a contract for the design and con- work when— (a) PROHIBITION.—Not later than 180 days struction of a public building, facility, or ‘‘(A) the contracting officer anticipates after the date of the enactment of this Act, work when— that 3 or more offers will be received for the ‘‘(A) the contracting officer anticipates the Federal Acquisition Regulatory Council, contract; in consultation with the Administrator for that 3 or more offers will be received for the ‘‘(B) design work must be performed before contract; Federal Procurement Policy, shall amend an offeror can develop a price or cost pro- ‘‘(B) design work must be performed before the Federal Acquisition Regulation to pro- an offeror can develop a price or cost proposal for the contract; hibit the use of reverse auctions for award- posal for the contract; ‘‘(C) the offeror will incur a substantial ing contracts for construction and design ‘‘(C) the offeror will incur a substantial amount of expense in preparing the offer; services. amount of expense in preparing the offer; and (b) DEFINITIONS.—For purposes of this sec- and ‘‘(D) the contracting officer has considered tion— ‘‘(D) the contracting officer has considered information such as— (1) the term ‘‘design and construction serv- information such as— ‘‘(i) the extent to which the project re- ices’’ means— ‘‘(i) the extent to which the project requirements have been adequately defined; (A) site planning and landscape design; quirements have been adequately defined; ‘‘(ii) the time constraints for delivery of (B) architectural and engineering services ‘‘(ii) the time constraints for delivery of the project; (including surveying and mapping defined in the project; ‘‘(iii) the capability and experience of po- section 1101 of title 40, United States Code); ‘‘(iii) the capability and experience of potential contractors; (C) interior design; tential contractors; ‘‘(iv) the suitability of the project for use (D) performance of construction work for ‘‘(iv) the suitability of the project for use of the two-phase selection procedures; facility, infrastructure, and environmental of the two-phase selection procedures; restoration projects; ‘‘(v) the capability of the agency to man- ‘‘(v) the capability of the agency to man- (E) delivery and supply of construction ma- age the two-phase selection process; and age the two-phase selection process; and terials to construction sites; and ‘‘(vi) other criteria established by the De- ‘‘(vi) other criteria established by the (F) construction or substantial alteration agency.’’; and partment of Defense.’’; and or repair of public buildings or public works; (B) in subsection (d), by striking ‘‘The (B) in subsection (d), by striking ‘‘The and maximum number specified in the solicita- maximum number specified in the solicita- (2) the term ‘‘reverse auction’’ means, with tion shall not exceed 5 unless the agency de- tion shall not exceed 5 unless the agency de- respect to procurement by an agency— termines with respect to’’ and all that fol- termines with respect to’’ and all that fol- (A) a real-time auction conducted through lows through the period at the end and in- lows through the period at the end and in- an electronic medium between a group of serting the following: ‘‘The maximum num- serting the following: ‘‘The maximum num- offerors who compete against each other by ber specified in the solicitation shall not ex- ber specified in the solicitation shall not ex- submitting bids for a contract or task order ceed 5 unless the head of the contracting ac- ceed 5 unless the head of the contracting ac- with the ability to submit revised bids tivity, delegable to a level no lower than the tivity approves the contracting officer’s jus- throughout the course of the auction; and senior contracting official within the con- tification that an individual solicitation (B) the award of the contract or task order tracting activity, approves the contracting must have greater than 5 finalists to be in to the offeror who submits the lowest bid. officer’s justification that an individual so- the Federal Government’s interest. The con- SEC. 894. ASSURING PAYMENT PROTECTIONS licitation must have greater than 5 finalists tracting officer shall provide written docu- FOR CONSTRUCTION SUBCONTRAC- to be in the Federal Government’s interest. mentation of how a maximum number of TORS AND SUPPLIERS UNDER AN The contracting officer shall provide written ALTERNATIVE TO A MILLER ACT documentation of how a maximum number offerors exceeding 5 is consistent with the PAYMENT BOND. of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase se- Chapter 93 of subtitle VI of title 31, United purposes and objectives of the two-phase selection process.’’. States Code, is amended— lection process.’’. (2) ANNUAL REPORTS.— (1) by adding at the end the following new (2) ANNUAL REPORTS.— (A) IN GENERAL.—Not later than November section: 30 of 2016, 2017, 2018, 2019, and 2020, the Sec- (A) IN GENERAL.—Not later than November ‘‘§ 9310. Individual sureties 30 of 2016, 2017, 2018, 2019, and 2020, the head retary of Defense shall compile an annual re- of each agency shall compile an annual report of each instance in which the Depart- ‘‘If another applicable law or regulation port of each instance in which the agency ment awarded a design-build contract pursu- permits the acceptance of a bond from a sur- awarded a design-build contract pursuant to ant to section 2305a of title 10, United States ety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the section 3309 of title 41, United States Code, Code, during the fiscal year ending in such surety, the assets pledged by such surety during the fiscal year ending in such cal- calendar year, in which— shall— endar year, in which— (i) more than 5 finalists were selected for ‘‘(1) consist of eligible obligations de- (i) more than 5 finalists were selected for phase-two requests for proposals; or phase-two requests for proposals; or scribed under section 9303(a); and (ii) the contract was awarded without ‘‘(2) be submitted to the official of the Gov- (ii) the contract was awarded without using two-phase selection procedures. using two-phase selection procedures. ernment required to approve or accept the (B) PUBLIC AVAILABILITY.—The Director of (B) PUBLIC AVAILABILITY.—The Director of bond, who shall deposit the assets with a de- the Office of Management and Budget shall the Office of Management and Budget shall pository described under section 9303(b).’’; facilitate public access to the reports, in- facilitate public access to the reports, in- and cluding by posting them on a publicly avail- cluding by posting them on a publicly avail- (2) in the table of sections for such chapter, able Internet website. A notice of the available Internet website. A notice of the avail- by adding at the end the following new item: ability of each report shall be published in ability of each report shall be published in ‘‘9310. Individual sureties.’’. the Federal Register. the Federal Register. SEC. 895. SBA SURETY BOND GUARANTEE PRO- (b) DEFENSE CONTRACTS.— (c) GAO REPORTS.— GRAM. (1) IN GENERAL.—Section 2305a of title 10, (1) CIVILIAN CONTRACTS.—Not later than 270 Section 411(c)(1) of the Small Business In- United States Code, is amended— days after the deadline for the final reports vestment Act of 1958 (15 U.S.C. 694b(c)(1)) is (A) by amending subsection (b) to read as required under subsection (f) of section 3309 amended by striking ‘‘70’’ and inserting ‘‘90’’. follows: of title 41, United States Code, as added by ‘‘(b) CRITERIA FOR USE.— subsection (a)(1), the Comptroller General of SA 1732. Mr. DAINES submitted an ‘‘(1) CONTRACTS WITH A VALUE OF AT LEAST the United States shall issue a report ana- amendment intended to be proposed to $750,000.—Two-phase selection procedures shall be used for entering into a contract for lyzing the compliance of the various Federal amendment SA 1463 proposed by Mr. the design and construction of a public build- agencies with the requirements of such sec- MCCAIN to the bill H.R. 1735, to author- ing, facility, or work when a contracting of- tion. ize appropriations for fiscal year 2016 ficer determines that the contract has a (2) DEFENSE CONTRACTS.—Not later than 270 for military activities of the Depart- value of $750,000 or greater, as adjusted for days after the deadline for the final reports ment of Defense and for military con- required under subsection (f) of section 2305a inflation in accordance with section 1908 of struction, to prescribe military per- of title 10, United States Code, as added by title 41, United States Code. sonnel strengths for such fiscal year, ‘‘(2) CONTRACTS WITH A VALUE LESS THAN subsection (b)(1), the Comptroller General of and for other purposes; which was or- $750,000.—For projects that a contracting offi- the United States shall issue a report ana- cer determines have a value of less than lyzing the compliance of the Department of dered to lie on the table; as follows: $750,000, the contracting officer shall make a Defense with the requirements of such sec- At the end of subtitle F of title X, add the determination whether two-phase selection tion. following:

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STUDY ON REDUCING STIGMA AND IM- MODULAR AIRBORNE FIREFIGHTING Committee on Homeland Security and Gov- PROVING TREATMENT OF POST- SYSTEM UNITS. ernment Affairs, and the Committee on Com- TRAUMATIC STRESS DISORDER Not later than September 30, 2016, the Sec- merce, Science, and Transportation of the AMONG MEMBERS OF THE ARMED FORCES AND VETERANS. retary of the Air Force shall submit to Con- Senate; and (a) STUDY.— gress a report setting forth an assessment of (B) the Committee on Armed Services, the the locations of C–130 Modular Airborne (1) IN GENERAL.—The Secretary of Defense Committee on Homeland Security, and the and the Secretary of Veterans Affairs shall Firefighting System (MAFFS) units. The re- Committee on Transportation and Infra- port shall include the following: jointly conduct a study on reducing the stig- structure of the House of Representatives. ma and improving the treatment of post- (1) A list of the C–130 Modular Airborne (2) CAPABILITIES OF AIRFIELDS.—The term Firefighting System units of the Air Force. traumatic stress disorder among members of ‘‘capabilities of airfields’’ means the length the Armed Forces and veterans. (2) The utilization rates of the units listed and width of runways, taxiways, and aprons, (2) CONSULTATION.—In conducting the under paragraph (1). the operation of navigation aids and light- (3) A future force allocation determination study required by paragraph (1), the Sec- ing, the operation of fuel storage, distribu- retary of Defense and the Secretary of Vet- with respect to such units in order to tion, and refueling systems, and the avail- achieve the most efficient use of such units erans Affairs shall consult with individuals ability of air traffic control services. with relevant experience relating to post- (4) An assessment of opportunities to ex- (3) AIRFIELDS IN THE UNITED STATES THAT pand coverage of C–130 Modular Airborne traumatic stress disorder, the treatment of SUPPORT BOTH MILITARY AND CIVILIAN AIR OP- post-traumatic stress disorder, and the im- Firefighting System units in States most ERATIONS.—The term ‘‘airfields in the United prone to wildfires. pact of post-traumatic stress disorder on States that support both military and civil- members of the Armed Forces, veterans, and ian air operations’’ means the following: SA 1733. Ms. STABENOW (for herself, their families, including the following: (A) Airports that are designated as joint (A) Representatives of military service or- Mr. PETERS, and Mr. CASSIDY) sub- use facilities pursuant to section 47175 of ganizations. mitted an amendment intended to be title 49, United States Code, in which both (B) Representatives of veterans service or- proposed to amendment SA 1463 pro- the military and civil aviation have shared ganizations. posed by Mr. MCCAIN to the bill H.R. use of the airfield. (C) Health professionals with experience in 1735, to authorize appropriations for (B) Airports used by the military that have treating members of the Armed Forces and fiscal year 2016 for military activities a permanent military aviation presence at veterans with mental illness, including those the airport pursuant to a memorandum of of the Department of Defense and for health professionals who work for the Fed- agreement or tenant lease with the airport eral Government and those who do not. military construction, to prescribe owner that is in effect on the date of the en- military personnel strengths for such (3) ELEMENTS.—In conducting the study re- actment of this Act. quired by paragraph (1), the Secretary of De- fiscal year, and for other purposes; SA 1734. Mrs. FEINSTEIN (for herself fense and the Secretary of Veterans Affairs which was ordered to lie on the table; shall assess the following: as follows: and Mr. GRASSLEY) submitted an (A) The feasibility and advisability of At the end of subtitle F of title X, add the amendment intended to be proposed to strategies to improve the treatment of the following: amendment SA 1463 proposed by Mr. full spectrum of post-traumatic stress dis- SEC. 1065. REPORT ON PLANS FOR THE USE OF MCCAIN to the bill H.R. 1735, to author- order among members of the Armed Forces DOMESTIC AIRFIELDS FOR HOME- ize appropriations for fiscal year 2016 and veterans. LAND DEFENSE AND DISASTER RE- for military activities of the Depart- (B) The feasibility and advisability of SPONSE. ment of Defense and for military con- strategies to diminish the stigma attached (a) REPORT REQUIRED.—Not later than 180 to post-traumatic stress disorder among days after the date of the enactment of this struction, to prescribe military personnel strengths for such fiscal year, members of the Armed Forces, veterans, and Act, the Secretary of Defense shall, in con- the public in general. sultation with the Secretary of Homeland and for other purposes; which was or- (C) The impact of the term ‘‘disorder’’ on Security and the Secretary of Transpor- dered to lie on the table; as follows: the stigma attached to post-traumatic stress tation, submit to the appropriate commit- At the appropriate place, insert the fol- disorder among members of the Armed tees of Congress a report setting forth an as- lowing: Forces and veterans, including the impact of sessment of the plans for airfields in the SEC. ll. REPORT ON COUNTER-DRUG EFFORTS dropping the term ‘‘disorder’’, when medi- United States that are required to support IN AFGHANISTAN. cally appropriate, when referring to post- homeland defense and local disaster response (a) IN GENERAL.—Not later than 180 days traumatic stress. missions. after the date of the enactment of this Act, (D) Whether using the term ‘‘disorder’’ is (b) CONSIDERATIONS.—The report shall in- the Secretary of Defense shall provide a re- the most accurate way to describe post-trau- clude the following items: port to Congress that outlines— matic stress disorder in instances in which (1) The criteria used to determine the capa- (1) the counter-narcotics goals of the De- members of the Armed Forces and veterans bilities and locations of airfields in the partment of Defense in Afghanistan; and have experienced traumatic events but have United States needed to support safe oper- (2) how the Secretary of Defense will co- not been formally diagnosed with post-trau- ations of military aircraft in the execution ordinate the counter-drug efforts of the De- matic stress disorder. of homeland defense and local disaster re- partment of Defense with other Federal (E) Whether there is a need to update the sponse missions. agencies to ensure an integrated, effective next version of the VA/DOD Clinical Practice (2) A description of the processes and pro- counter-narcotics strategy is implemented Guideline for Management of Post-Trau- cedures in place to ensure that contingency in Afghanistan. matic Stress published by the Department of plans for the use of airfields in the United (b) CONTENTS.—The report submitted under Defense and the Department of Veterans Af- States that support both military and civil- subsection (a) shall— fairs after the date of the enactment of this ian air operations are coordinated among the (1) include information as to how the Sec- Act. Department of Defense and other Federal retary of Defense will evaluate the counter- (F) Whether there is a need to update in- agencies with jurisdiction over those air- drug efforts of the Department of Defense for formation provided to members of the Armed fields. success in Afghanistan; and Forces and veterans, including information (3) An assessment of the impact, if any, to (2) outline the process by which the Sec- on Internet websites of the Department of logistics and resource planning as a result of retary of Defense will determine whether to Defense or the Department of Veterans Af- the reduction of certain capabilities of air- continue each of the counter-drug initiatives fairs, on post-traumatic stress disorder to re- fields in the United States that support both of the Department of Defense in Afghani- duce the stigma and more accurately de- military and civilian air operations. stan. scribe the medical conditions for which (4) A review of the existing agreements and SA 1735. Ms. HEITKAMP submitted members of the Armed Forces and veterans authorities between the Commander of the are receiving treatment. United States Northern Command and the an amendment intended to be proposed (b) REPORT.—Not later than 180 days after Administrator of the Federal Aviation Ad- to amendment SA 1463 proposed by Mr. the date of the enactment of this Act, the ministration that allow for consultation on MCCAIN to the bill H.R. 1735, to author- Secretary of Defense and the Secretary of decisions that impact the capabilities of air- ize appropriations for fiscal year 2016 Veterans Affairs shall jointly submit to the fields in the United States that support both for military activities of the Depart- appropriate committees of Congress a report military and civilian air operations. ment of Defense and for military con- on the results of the study required by sub- (c) FORM.—The report under subsection (a) struction, to prescribe military per- section (a), including recommendations for shall be submitted in unclassified form, but any actions that the Department of Defense may include a classified annex. sonnel strengths for such fiscal year, and the Department of Veterans Affairs can (d) DEFINITIONS.—In this section: and for other purposes; which was or- take to reduce the stigma and improve the (1) APPROPRIATE COMMITTEES OF CON- dered to lie on the table; as follows: treatment of post-traumatic stress disorder GRESS.—The term ‘‘appropriate committees At the end of subtitle C of title VII, add among members of the Armed Forces and of Congress’’ means— the following: veterans.

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(c) DEFINITIONS.—In this section: (5) PRIVACY AND SECURITY.—The Secretary (iii) POLITICAL COMMUNICATION.—As a con- (1) APPROPRIATE COMMITTEES OF CON- shall take such actions as the Secretary condition of participation in the program, a par- GRESS.—The term ‘‘appropriate committees siders appropriate to protect— ticipating entity shall agree not to use any of Congress’’ means— (A) the privacy of individuals participating information received under the program for (A) the Committee on Armed Services, the in the program; and any political communication. Committee on Veterans’ Affairs, and the (B) the security of the information stored (3) DISENROLLMENT BY PARTICIPATING ENTI- Subcommittee on Defense of the Committee in the national directory. TIES.—The Secretary shall establish a mech- on Appropriations of the Senate; and (6) EBENEFITS.—The Secretary of Veterans anism by which a participating entity may (B) the Committee on Armed Services, the Affairs may use the system and architecture indicate to the Secretary that the partici- Committee on Veterans’ Affairs, and the of the eBenefits Internet website of the De- pating entity would no longer like to receive Subcommittee on Defense of the Committee partment of Veterans Affairs to support and information about participating individuals on Appropriations of the House of Represent- operate the national directory as the Sec- from the national directory. atives. retary considers appropriate. (4) SENSE OF CONGRESS.— (2) VETERANS SERVICE ORGANIZATION.—The (A) CONSOLIDATION OF REQUESTS.—It is the (c) OUTREACH.— term ‘‘veterans service organization’’ means sense of Congress that covered entities de- (1) SHARING OF DIRECTORY INFORMATION.— an organization recognized by the Secretary scribed in subsection (a)(2)(C) who are lo- (A) IN GENERAL.—Except as provided in for the representation of veterans under sec- cated in the same region should work to- paragraph (2), in order to connect partici- tion 5902 of title 38, United States Code. gether in a manner such that only one of pating individuals with information about them requests receipt of information under the programs they could be eligible for or SA 1736. Ms. HEITKAMP (for herself the program. services, support, and information they may and Mr. MORAN) submitted an amend- (B) COLLABORATION.—It is the sense of Con- be interested in receiving, the Secretary of gress that covered entities described in sub- ment intended to be proposed to Veterans Affairs may share, under the pro- section (a)(2)(C) should work with third par- amendment SA 1463 proposed by Mr. gram established under subsection (a)(1), in- ties, such as veterans service organizations, MCCAIN to the bill H.R. 1735, to author- formation in the national directory con- ize appropriations for fiscal year 2016 military community groups, and other enti- cerning such individuals with entities appli- ties with an interest in assisting veterans, to for military activities of the Depart- cable to participating individuals. develop the information the covered entities ment of Defense and for military con- (B) ENTITIES APPLICABLE TO PARTICIPATING send to participating individuals under the struction, to prescribe military per- INDIVIDUALS.—For purposes of this sub- program. section, an entity that is applicable to a par- sonnel strengths for such fiscal year, (5) PUBLICITY.—The Secretary shall develop and for other purposes; which was or- ticipating individual is a covered entity from a plan to publicize the program and inform dered to lie on the table; as follows: whom a participating individual has ex- covered entities of the benefits of partici- pressed interest in receiving information pating in the program. At the end of subtitle G of title X, add the under the program. following: (d) COLLECTION OF CONTACT INFORMATION.— (C) UPDATED INFORMATION.—In a case in (1) IN GENERAL.—To each member of the SEC. 1085. VOLUNTARY NATIONAL DIRECTORY OF which a participating individual updates the Armed Forces separating from service in the VETERANS. information pertaining to the participating (a) PROGRAM REQUIRED.— Armed Forces, the Secretary of Defense shall individual under subsection (b)(2), the Sec- (1) IN GENERAL.—The Secretary of Veterans provide a form for the collection of informa- retary shall transmit such information to Affairs, in coordination with the Secretary tion to be included in the national directory each entity applicable to the participating of Defense, shall establish a program to fa- established under subsection (a). individual. cilitate outreach to veterans by covered en- (2) FORM.— (D) NOTIFICATION OF DISENROLLMENT.—In a tities. (A) DEVELOPMENT.—The Secretary of De- case in which a participating individual indi- (2) COVERED ENTITIES.—For purposes of this fense shall, in consultation with the Sec- section, a covered entity is any of the fol- cates to the Secretary under subsection retary of Veterans Affairs, develop the form lowing: (b)(3) that the individual would no longer provided under paragraph (1). (A) The Department of Veterans Affairs. like to receive information from partici- (B) ELEMENTS.—The form developed under (B) The agency or department of a State pating entities under the program, the Sec- subparagraph (A) shall allow a member of that is the primary agency or department of retary shall inform each entity applicable to the Armed Forces who is in the process of the State for the administration of benefits the participating individual that the indi- separating from service in the Armed Forces and services for veterans in the State. vidual would no longer like to receive infor- to indicate the following: (C) A political subdivision of a State. mation from the entity under the program. (i) Where the member intends to reside (D) An Indian tribe (as defined in section 4 (2) LIMITATIONS.— after separation. of the Indian Self-Determination and Edu- (A) LIMITATIONS ON THE SECRETARY.— (ii) How the individual can best be con- cation Assistance Act (25 U.S.C. 450b)). (i) INFORMATION SHARED.—Under the pro- tacted, such as a telephone number, an e- (3) NATIONAL DIRECTORY.—To carry out the gram, the Secretary of Veterans Affairs may mail address, or a postal address. program required by paragraph (1), the Sec- only share from the national directory the (iii) For which types of benefits and serv- retary shall— following: ices the member would like to receive com- (A) establish a national directory of vet- (I) The name of a participating individual. munication and outreach, such as health erans as described in subsection (b); and (II) The e-mail address of a participating care, education, employment, and housing. (B) share information in the directory in individual. (iv) From which of the following the mem- accordance with subsection (c). (III) The postal address of a participating ber would like to receive the communication (b) NATIONAL DIRECTORY.— individual. and outreach specified under clause (iii): (1) IN GENERAL.—The Secretary of Veterans (IV) The phone number of a participating (I) The Department of Veterans Affairs. Affairs shall establish the national directory individual. (II) The agency or department of the State required by subsection (a)(3) using informa- (ii) PROHIBITION ON SALE OF INFORMATION.— in which the member intends to reside after tion received from the Secretary of Defense The Secretary may not sell any information separation that is the primary agency or de- under subsection (d)(4). collected under this section. partment of the State for the administration (2) UPDATES.—The Secretary of Veterans (iii) ENTITIES.—The Secretary may not of benefits and services for veterans in the Affairs shall ensure that the national direc- share any information collected under the State. tory includes a mechanism by which a par- program with any entity that is not a par- (III) A political subdivision of a State. ticipating individual can update the infor- ticipating entity. (C) NOTICE.—The form developed under mation in the national directory that per- (B) LIMITATIONS ON PARTICIPATING ENTI- subparagraph (A) shall include notice of the tains to the participating individual. TIES.— following: (3) DISENROLLMENT.—The Secretary shall (i) SHARING WITH THIRD-PARTY AND FOR- (i) Information provided to agencies and establish a mechanism by which a partici- PROFIT ENTITIES.—As a condition of partici- departments described in subparagraph pating individual can indicate to the Sec- pation in the program, a participating entity (B)(iv)(III) will only be provided as author- retary that the individual would no longer shall agree not to share any information the ized and upon request by such agencies and like to receive information from partici- participating entity receives under the pro- departments. pating entities under the program. gram with any third-party or for-profit enti- (ii) Political subdivisions of States that re- (4) REENROLLMENT.—The Secretary shall ties. ceive information under the program estab- establish a mechanism for the inclusion of (ii) PURCHASES OF PRODUCTS OR SERVICES.— lished under subsection (a) may— information in the national directory of indi- As a condition of participation in the pro- (I) share such information with such non- viduals who were previously participating in- gram, a participating entity shall agree not profit organizations as the political subdivi- dividuals but who had made an indication to include in any information sent by the sions consider appropriate; and under paragraph (3) and subsequently indi- participating entity to a participating indi- (II) work with such organizations to pro- cate that they would like to receive informa- vidual a requirement that the participating vide the veterans with relevant information tion from participating entities under the individual or the family of the participating about benefits and services offered by such program. individual purchase a product or service. organizations.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.072 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3820 CONGRESSIONAL RECORD — SENATE June 4, 2015 (iii) Information provided on the form de- such participation and utilization could be and easy manner, including electronically, veloped under subparagraph (A) will never be improved. that the consumer is or was an active duty sold, provided to a for-profit entity, or used (I) Such other matters as the secretaries military consumer; and to send any sort of political communication. consider appropriate. ‘‘(B) provide contact information of the (D) MANNER.—The Secretary of Defense (3) APPROPRIATE COMMITTEES OF CONGRESS consumer for the purpose of communicating shall ensure that the form provided under DEFINED.—In this subsection, the term ‘‘ap- with the consumer while the consumer is an paragraph (1) is not primarily electronic in propriate committees of Congress’’ means active duty military consumer. nature. the following: ‘‘(3) NO ADVERSE CONSEQUENCES.—A notice, (3) VOLUNTARY PARTICIPATION.—The Sec- (A) The Committee on Veterans’ Affairs, pursuant to a model form or otherwise, that retary of Defense shall ensure that comple- the Committee on Armed Services, and the a consumer is or was an active duty military tion of the form provided under paragraph (1) Subcommittee on Military Construction, consumer shall not itself (without regard to is voluntary and submittal of such form to Veterans Affairs, and Related Agencies of other considerations) provide the basis for the Secretary by a member of the Armed the Committee on Appropriations of the Sen- any of the following: Forces shall be considered an indication to ate. ‘‘(A) With respect to a credit transaction the Secretary that the member would like to (B) The Committee on Veterans’ Affairs, between a creditor and the consumer— receive information from participating enti- the Committee on Armed Services, and the ‘‘(i) a denial or revocation of credit by the ties under the program. Subcommittee on Military Construction, creditor; (4) TRANSMITTAL OF INFORMATION TO SEC- Veterans Affairs and Related Agencies of the ‘‘(ii) a change by the creditor in the terms RETARY OF VETERANS AFFAIRS.—Not later Committee on Appropriations of the House of an existing credit arrangement; or than 30 days after the date on which a mem- of Representatives. ‘‘(iii) a refusal by the creditor to grant ber of the Armed Forces who submitted in- (f) DEFINITIONS.—In this section: credit to the consumer in substantially the formation to the Secretary of Defense under (1) PARTICIPATING ENTITY.—The term ‘‘par- amount or on substantially the terms re- this subsection separates from service in the ticipating entity’’ means a covered entity quested. Armed Forces, the Secretary of Defense shall that has indicated to the Secretary of Vet- ‘‘(B) An adverse report relating to the transmit such information to the Secretary erans Affairs that the covered entity would creditworthiness of the consumer by or to a of Veterans Affairs. like to receive information about partici- person engaged in the practice of assembling (5) PRIVACY AND SECURITY.—The Secretary pating individuals from the national direc- or evaluating consumer credit information. of Defense shall take such actions as the tory and has made no subsequent indication ‘‘(C) Except as otherwise provided in this Secretary considers appropriate to protect— that the covered entity would like to stop re- Act, an annotation in a consumer’s record by (A) the privacy of individuals who submit ceiving such information. a creditor or a person engaged in the prac- information under this subsection; and (2) PARTICIPATING INDIVIDUAL.—The term tice of assembling or evaluating consumer (B) the security of such information— ‘‘participating individual’’ means an indi- credit information, identifying the consumer (i) while it is in the possession of the Sec- vidual with respect to whom information is as an active duty military consumer.’’; retary; and stored in the national directory and who has (2) in section 605A— (ii) while it is in transit to the Secretary of indicated to the Secretary of Veterans Af- (A) in subsection (c)— Veterans Affairs. fairs or the Secretary of Defense that the in- (i) by redesignating paragraphs (1), (2), and (6) INTEGRATION WITH TRANSITION ASSIST- dividual would like to receive information (3) as subparagraphs (A), (B), and (C), respec- ANCE PROGRAM.—The Secretary of Defense from participating entities under the pro- tively, and adjusting the margins accord- and the Secretary of Labor shall jointly take gram and has made no subsequent indication ingly; such actions as the secretaries consider ap- that the individual would like to stop receiv- (ii) in the matter preceding subparagraph propriate to integrate the collection of infor- ing such information. (A), as so redesignated, by striking ‘‘Upon’’ mation under this subsection into the Tran- and inserting the following: sition Assistance Program. SA 1737. Mr. MENENDEZ (for him- ‘‘(1) IN GENERAL.—Upon’’; and (e) REPORT.— self, Mr. BROWN, and Mr. BOOKER) sub- (iii) by adding at the end the following: (1) IN GENERAL.—Not later than 180 days mitted an amendment intended to be ‘‘(2) NEGATIVE INFORMATION NOTIFICATION.— after the date of the enactment of this Act, proposed to amendment SA 1463 pro- If a consumer reporting agency receives an the Secretary of Veterans Affairs and the posed by Mr. MCCAIN to the bill H.R. item of adverse information about a con- Secretary of Defense shall jointly submit to 1735, to authorize appropriations for sumer who has provided appropriate proof the appropriate committees of Congress a re- fiscal year 2016 for military activities that the consumer is an active duty military port on the program established under sub- consumer, the consumer reporting agency section (a)(1). of the Department of Defense and for shall notify the consumer, according to a fre- (2) CONTENTS.—The report submitted under military construction, to prescribe quency, manner, and timeliness determined paragraph (1) shall include an examination military personnel strengths for such by the Bureau or specified by the consumer— and assessment of the following: fiscal year, and for other purposes; ‘‘(A) that the consumer reporting agency (A) The signup process and the effective- which was ordered to lie on the table; has received the item of adverse informa- ness of the forms developed and provided as follows: tion, along with a description of the item; under subsection (d). At the appropriate place, insert the fol- and (B) The ways in which contact information lowing: ‘‘(B) the method by which the consumer is transferred from the Secretary of Defense SEC. llll. NOTICE OF STATUS AS AN ACTIVE may dispute the validity of the item. to the Secretary of Veterans Affairs under DUTY MILITARY CONSUMER. ‘‘(3) CONTACT INFORMATION FOR ACTIVE DUTY the program and the plans of the secretaries The Fair Credit Reporting Act (15 U.S.C. MILITARY CONSUMERS.— to overcome challenges encountered by the 1681 et seq.) is amended— ‘‘(A) IN GENERAL.—If a consumer who has secretaries in transferring such information. (1) in section 605, by adding at the end the provided appropriate proof to a consumer re- (C) The number of covered entities de- following: porting agency that the consumer is an ac- scribed in subsection (a)(2)(C) participating ‘‘(i) NOTICE OF STATUS AS AN ACTIVE DUTY tive duty military consumer provides the in the program and any challenges they re- MILITARY CONSUMER.— consumer reporting agency with contact in- port in receiving the contact information ‘‘(1) IN GENERAL.—With respect to an item formation for the purpose of communicating from the Secretary of Veterans Affairs under of adverse information about a consumer, if with the consumer while the consumer is an the program. the action or inaction that gave rise to the active duty military consumer, the con- (D) The effectiveness of efforts of the Sec- item occurred while the consumer was an ac- sumer reporting agency shall use such con- retary of Veterans Affairs and the Secretary tive duty military consumer, the consumer tact information for all communications of Defense to protect the personal informa- may provide appropriate proof, including of- while the consumer is an active duty mili- tion of participating individuals. ficial orders, to a consumer reporting agency tary consumer. (E) The effectiveness of efforts of covered that the consumer was an active duty mili- ‘‘(B) DIRECT REQUEST.—Unless the con- entities described in subsection (a)(2)(C) to tary consumer at the time such action or in- sumer opts out, the provision of appropriate protect the personal information of partici- action occurred, and any consumer report proof that a consumer is an active duty mili- pating individuals. provided by the consumer reporting agency tary consumer shall be treated as a direct re- (F) Whether additional limitations on the that includes the item shall clearly and con- quest for an active duty alert under para- use of information collected under the pro- spicuously disclose that the consumer was graph (1). gram are necessary to protect participating an active duty military consumer when the ‘‘(4) SENSE OF CONGRESS.—It is the sense of individuals from unwanted contact, or con- action or inaction that gave rise to the item Congress that any person making use of a tact that is inconsistent with the program. occurred. consumer report that contains an item of ad- (G) Whether participating individuals are ‘‘(2) MODEL FORM.—The Bureau shall pre- verse information should, if the action or in- benefitting by participating in the program pare a model form, which shall be made pub- action that gave rise to the item occurred and whether changing the program would licly available, including in an electronic while the consumer was an active duty mili- improve such benefits. format, by which a consumer may— tary consumer, take such fact into account (H) The overall participation in the pro- ‘‘(A) notify, and provide appropriate proof when evaluating the creditworthiness of the gram, utilization of the program, and how to, a consumer reporting agency in a simple consumer.’’; and

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DUTY MILITARY CONSUMERS.—With respect to (3) INVESTIGATIVE FILE.—Each certification SA 1742. Mrs. MCCASKILL submitted an item of information described under sub- submitted under paragraph (1) shall be in- an amendment intended to be proposed paragraph (A) that is under dispute, if the cluded in the file of the applicable covered to amendment SA 1463 proposed by Mr. consumer to whom the item relates has noti- investigation. MCCAIN to the bill H.R. 1735, to author- fied the consumer reporting agency, and has ize appropriations for fiscal year 2016 SA 1740. Mrs. MCCASKILL submitted provided appropriate proof, that the con- for military activities of the Depart- sumer was an active duty military consumer an amendment intended to be proposed ment of Defense and for military con- at the time the action or inaction that gave to amendment SA 1463 proposed by Mr. struction, to prescribe military per- rise to the disputed item occurred, the con- MCCAIN to the bill H.R. 1735, to author- sumer reporting agency shall— ize appropriations for fiscal year 2016 sonnel strengths for such fiscal year, ‘‘(i) include such fact in the file of the con- for military activities of the Depart- and for other purposes; which was or- sumer; and dered to lie on the table; as follows: ‘‘(ii) indicate such fact in each consumer ment of Defense and for military construction, to prescribe military per- At the end of subtitle E of title VIII, add report that includes the disputed item.’’. the following: sonnel strengths for such fiscal year, SEC. 884. PROTECTION FOR CONTRACTORS AND SA 1738. Mrs. MCCASKILL submitted and for other purposes; which was or- GRANTEES FROM REPRISAL FOR an amendment intended to be proposed dered to lie on the table; as follows: DISCLOSURE OF CERTAIN INFORMA- to amendment SA 1463 proposed by Mr. On page 564, after line 25, add the fol- TION. MCCAIN to the bill H.R. 1735, to author- lowing: (a) ELIMINATION OF SUNSET PROVISION.— ize appropriations for fiscal year 2016 (d) REPORT.— Section 4712 of title 41, United States Code, (1) DEFINITION.—In this subsection, the is amended by striking subsection (i). for military activities of the Depart- (b) EXTENSION OF PROTECTIONS TO GRANT- ment of Defense and for military con- term ‘‘covered employee’’ has the meaning given that term in section 1599e of title 10, EES.—Such section is further amended— struction, to prescribe military per- United States Code, as added by subsection (1) by striking ‘‘subcontractor, or grantee’’ sonnel strengths for such fiscal year, (a)(1). each place it appears and inserting ‘‘subcon- and for other purposes; which was or- (2) CONTENTS.—The Secretary of Defense tractor, grantee, or subgrantee’’; and dered to lie on the table; as follows: shall submit to Congress a report regarding (2) in subsection (d), by striking ‘‘, and grantees’’ and inserting ‘‘, grantees, and sub- On page 419, line 22, insert ‘‘, or that the covered employees hired into a probationary grantees’’. item no longer meets the definition of a status during the 10-year period ending on the date of enactment of this Act, which commercial item’’ after ‘‘based on inad- SA 1743. Mrs. MCCASKILL submitted equate information’’. shall include the number of covered employees— an amendment intended to be proposed SA 1739. Mrs. MCCASKILL submitted (A) hired during the period; to amendment SA 1463 proposed by Mr. an amendment intended to be proposed (B) whose appointment became final after MCCAIN to the bill H.R. 1735, to author- to amendment SA 1463 proposed by Mr. the probationary period; ize appropriations for fiscal year 2016 (C) who were subject to disciplinary action MCCAIN to the bill H.R. 1735, to author- for military activities of the Depart- or termination during the 5-year period be- ment of Defense and for military con- ize appropriations for fiscal year 2016 ginning on the date on which the appoint- for military activities of the Depart- struction, to prescribe military per- ment of the covered employee became final; sonnel strengths for such fiscal year, ment of Defense and for military con- (D) who were subject to disciplinary action struction, to prescribe military per- during the probationary period; and for other purposes; which was or- sonnel strengths for such fiscal year, (E) who were terminated before the ap- dered to lie on the table; as follows: and for other purposes; which was or- pointment of the covered employee became At the end of subtitle E of title VIII, add dered to lie on the table; as follows: final; and the following: (F) who, after being subject to disciplinary SEC. 884. EXTENSION OF WHISTLEBLOWER PRO- At the appropriate place, insert the fol- action or terminated, raised a claim that the TECTIONS FOR DEFENSE CON- lowing: disciplinary action or termination was taken TRACTOR EMPLOYEES TO EMPLOY- SEC. ll. CONFLICT OF INTEREST CERTIFI- because of a disclosure of information by the EES OF CONTRACTORS OF THE ELE- CATION FOR INVESTIGATIONS RE- MENTS OF THE INTELLIGENCE COM- LATING TO WHISTLEBLOWER RE- covered employee that the covered employee MUNITY. TALIATION. reasonably believed evidenced— (a) CONTRACTORS OF DOD AND RELATED (a) DEFINITION.—In this section— (i) any violation of any law, rule, or regu- AGENCIES.—Subsection (e) of section 2409 of (1) the term ‘‘covered employee’’ means a lation; or title 10, United States Code, is amended to whistleblower who is an employee of the De- (ii) gross mismanagement, a gross waste of read as follows: partment of Defense or a military depart- funds, an abuse of authority, or a substantial ‘‘(e) DISCLOSURES WITH RESPECT TO ELE- ment, or an employee of a contractor, sub- and specific danger to public health or safe- MENTS OF INTELLIGENCE COMMUNITY AND IN- contractor, grantee, or subgrantee thereof; ty. TELLIGENCE-RELATED ACTIVITIES.—(1) Any (2) the term ‘‘covered investigation’’ means disclosure under this section by an employee an investigation carried out by an Inspector SA 1741. Mrs. MCCASKILL submitted of a contractor, subcontractor, or grantee of General of a military department or the In- an amendment intended to be proposed an element of the intelligence community spector General of the Department of De- to amendment SA 1463 proposed by Mr. (as defined in section 3(4) of the National Se- fense relating to— MCCAIN to the bill H.R. 1735, to author- curity Act of 1947 (50 U.S.C. 3003(4)) with re- (A) a retaliatory personnel action taken ize appropriations for fiscal year 2016 spect to an element of the intelligence com- against a member of the Armed Forces under for military activities of the Depart- munity or an activity of an element of the section 1034 of title 10, United States Code; ment of Defense and for military con- intelligence community shall comply with or struction, to prescribe military per- applicable provisions of section 17(d)(5) of (B) any retaliatory action taken against a the Central Intelligence Agency Act of 1949 covered employee; and sonnel strengths for such fiscal year, (50 U.S.C. 3517(d)(5)) and section 8H of the In- (3) the term ‘‘military department’’ means and for other purposes; which was or- spector General Act of 1978 (5 U.S.C. App.) each of the departments described in section dered to lie on the table; as follows: ‘‘(2) Any disclosure described in paragraph 104 of title 5, United States Code. On page 354, beginning on line 11, strike (1) of information required by Executive (b) CERTIFICATION REQUIREMENT.— ‘‘policy.’’ and all that follows through line 20 order to be kept classified in the interests of (1) IN GENERAL.—Each investigator in- and insert the following: ‘‘policy, with at national defense or the conduct of foreign af- volved in a covered investigation shall sub- least one member representing the interests fairs that is made to a court shall be treated mit to the Inspector General of the Depart- of the taxpayer. In making appointments to by the court in a manner consistent with the ment of Defense or the Inspector General of the advisory panel, the Under Secretary interests of the national security of the the military department, as applicable, a shall ensure that the members of the panel United States, including through the use of certification that there was no conflict of in- reflect diverse experiences in the public and summaries or ex parte submissions if the ele- terest between the investigator, any witness private sectors. ment of the intelligence community award- involved in the covered investigation, and (c) DUTIES.—The panel shall— ing the contract or grant concerned advises

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the court that the national security inter- issues at the medical center of the Depart- (e) DEFINITIONS.—In this section: ests of the United States warrant the use of ment in Canandaigua, New York, and for the (1) ALTERNATIVE FUEL.—The term ‘‘alter- such summaries or submissions.’’. construction of a new clinic and community native fuel’’ has the meaning given such (b) PILOT PROGRAM ON OTHER CONTRACTOR living center at such medical center. term in section 32901 of title 49, United EMPLOYEES.—Subsection (f) of section 4712 of (2) The Department is unable to obligate or States Code. title 41, United States Code, is amended to expend the amounts described in paragraph (2) ALTERNATIVE FUELED VEHICLE.—The read as follows: (1) because it lacks an explicit authorization term ‘‘alternative fueled vehicle’’ means a ‘‘(f) DISCLOSURES WITH RESPECT TO ELE- by an Act of Congress pursuant to section vehicle that operates on alternative fuel. MENTS OF INTELLIGENCE COMMUNITY AND IN- 8104(a)(2) of title 38, United States Code, to (3) FUND.—The term ‘‘Fund’’ means the TELLIGENCE-RELATED ACTIVITIES.— carry out the major medical facility projects fund established under subsection (a). ‘‘(1) MANNER OF DISCLOSURES.—Any disclo- described in such paragraph. sure under this section by an employee of a (3) Among the major medical facility SA 1746. Mr. PETERS (for himself, contractor, subcontractor, or grantee of an projects described in paragraph (1), three are Ms. HIRONO, and Mr. WYDEN) submitted element of the intelligence community (as critical seismic safety projects in California. an amendment intended to be proposed defined in section 3(4) of the National Secu- (4) Every day that the critical seismic safe- to amendment SA 1463 proposed by Mr. rity Act of 1947 (50 U.S.C. 3003(4)) with re- ty projects described in paragraph (3) are de- MCCAIN to the bill H.R. 1735, to author- spect to an element of the intelligence com- layed puts the lives of veterans and employ- ize appropriations for fiscal year 2016 munity or an activity of an element of the ees of the Department at risk. intelligence community shall comply with (5) According to the United States Geologi- for military activities of the Depart- applicable provisions of section 17(d)(5) of cal Survey— ment of Defense and for military con- the Central Intelligence Agency Act of 1949 (A) California has a 99 percent chance or struction, to prescribe military per- (50 U.S.C. 3517(d)(5)) and section 8H of the In- greater of experiencing an earthquake of sonnel strengths for such fiscal year, spector General Act of 1978 (5 U.S.C. App.) magnitude 6.7 or greater in the next 30 years; and for other purposes; which was or- ‘‘(2) TREATMENT BY COURTS.—Any disclo- (B) even earthquakes of less severity than dered to lie on the table; as follows: sure described in paragraph (1) of informa- magnitude 6.7 can cause life threatening At the end of subtitle B of title III, add the tion required by Executive order to be kept damage to seismically unsafe buildings; and following: classified in the interests of national defense (C) in California, earthquakes of mag- or the conduct of foreign affairs that is made SEC. 314. AUTHORIZATION FOR RESEARCH TO IM- nitude 6.0 or greater occur on average once PROVE MILITARY VEHICLE TECH- to a court shall be treated by the court in a every 1.2 years. NOLOGY TO INCREASE FUEL ECON- manner consistent with the interests of the (b) AUTHORIZATION.—The Secretary of Vet- OMY OR REDUCE FUEL CONSUMP- national security of the United States, in- erans Affairs may carry out the major med- TION OF MILITARY VEHICLES USED cluding through the use of summaries or ex ical facility projects of the Department of IN COMBAT. parte submissions if the element of the intel- Veterans Affairs specified in the explanatory (a) RESEARCH AUTHORIZED.—The Secretary ligence community awarding the contract or statement accompanying the Consolidated of Defense, acting through the Assistant Sec- grant concerned advises the court that the and Further Continuing Appropriations Act, retary of Defense for Research and Engineer- national security interests of the United 2015 (Public Law 113–235) at the locations and ing and in collaboration with the Secretary States warrant the use of such summaries or in the amounts specified in such explanatory of the Army and the Secretary of the Navy, submissions.’’. statement, including by obligating and ex- may carry out research to improve military pending such amounts. vehicle technology to increase fuel economy SA 1744. Mrs. FEINSTEIN submitted or reduce fuel consumption of military vehi- an amendment intended to be proposed SA 1745. Mr. PETERS (for himself, cles used in combat. Ms. HIRONO YDEN to amendment SA 1463 proposed by Mr. , and Mr. W ) submitted (b) PREVIOUS SUCCESSES.—The Secretary of an amendment intended to be proposed Defense shall ensure that research carried MCCAIN to the bill H.R. 1735, to author- to amendment SA 1463 proposed by Mr. out under subsection (a) takes into account ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- the successes of, and lessons learned during, for military activities of the Depart- ize appropriations for fiscal year 2016 the development of the Fuel Efficient ment of Defense and for military con- for military activities of the Depart- Ground Vehicle Alpha and Bravo programs struction, to prescribe military per- to identify, assess, develop, demonstrate, and ment of Defense and for military con- sonnel strengths for such fiscal year, prototype technologies that support increas- struction, to prescribe military per- and for other purposes; which was oring fuel economy and decreasing fuel con- sonnel strengths for such fiscal year, dered to lie on the table; as follows: sumption of light tactical vehicles, while and for other purposes; which was or- balancing survivability. At the end of subtitle G of title X, add the dered to lie on the table; as follows: following: At the end of subtitle B of title III, add the SA 1747. Mr. CASEY (for himself and SEC. 1085. AUTHORIZATION OF CERTAIN MAJOR following: Ms. AYOTTE) submitted an amendment MEDICAL FACILITY PROJECTS OF intended to be proposed to amendment THE DEPARTMENT OF VETERANS SEC. 314. ESTABLISHMENT OF DEPARTMENT OF AFFAIRS FOR WHICH AMOUNTS DEFENSE ALTERNATIVE FUELED VE- SA 1463 proposed by Mr. MCCAIN to the HAVE BEEN APPROPRIATED. HICLE INFRASTRUCTURE FUND. bill H.R. 1735, to authorize appropria- (a) ESTABLISHMENT OF FUND.—There is es- (a) FINDINGS.—Congress finds the fol- tablished in the Treasury a fund to be known tions for fiscal year 2016 for military lowing: as the ‘‘Department of Defense Alternative activities of the Department of Defense (1) The Consolidated and Further Con- Fuel Vehicle Infrastructure Fund’’. and for military construction, to pre- tinuing Appropriations Act, 2015 (Public Law (b) DEPOSITS.—The Fund shall consist of scribe military personnel strengths for 113–235) appropriated to the Department of the following: such fiscal year, and for other pur- Veterans Affairs— (1) Amounts appropriated to the Fund. (A) $35,000,000 to make seismic corrections poses; which was ordered to lie on the (2) Amounts earned through investment table; as follows: to Building 205 in the West Los Angeles Med- under subsection (c). ical Center of the Department in Los Ange- (3) Any other amounts made available to At the end of subtitle A of title XII, add les, California, which, according to the De- the Fund by law. the following: partment, is a building that is designated as (c) INVESTMENTS.—The Secretary shall in- SEC. 1209. SUPPORT FOR SECURITY OF AFGHAN having an exceptionally high risk of sus- vest any part of the Fund that the Secretary WOMEN AND GIRLS. taining substantial damage or collapsing decides is not required to meet current ex- (a) FINDINGS.—Congress makes the fol- during an earthquake; penses. Each investment shall be made in an lowing findings: (B) $101,900,000 to replace the community interest-bearing obligation of the United (1) Through the sacrifice and dedication of living center and mental health facilities of States Government, or an obligation that members of the Armed Forces, civilian per- the Department in Long Beach, California, has its principal and interest guaranteed by sonnel, and our Afghan partners as well as which, according to the Department, are des- the Government, that the Secretary decides the American people’s generous investment, ignated as having an exceptionally high risk has a maturity suitable for the Fund. oppressive Taliban rule has given way to a of sustaining substantial damage or col- (d) USE OF FUNDS.—Amounts in the Fund nascent democracy in Afghanistan. It is in lapsing during an earthquake; shall be available to the Secretary, acting our national security interest to help pre- (C) $187,500,000 to replace the existing spi- through the Under Secretary of Defense for vent Afghanistan from ever again becoming nal cord injury clinic of the Department in Acquisition, Technology, and Logistics, to a safe haven and training ground for inter- San Diego, California, which, according to install, operate, and maintain alternative national terrorism and to solidify and pre- the Department, is designated as having an fuel dispensing stations for use by alter- serve the gains our men and women in uni- extremely high risk of sustaining major native fueled vehicles of the Department of form fought so hard to establish. damage during an earthquake; and Defense and other infrastructure necessary (2) The United States through its National (D) $122,400,000 to make renovations to ad- to fuel alternative fueled vehicles of the De- Action Plan on Women, Peace, and Security dress substantial safety and compliance partment. has made firm commitments to support the

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human rights of the women and girls of Af- (1) REPORTING REQUIREMENT.—The Sec- (I) efforts to recruit women into the ANSF, ghanistan. The National Action Plan states retary of Defense, in conjunction with the including the special operations forces; that ‘‘the engagement and protection of Secretary of State, shall include in the re- (II) programs and activities of the Afghan women as agents of peace and stability will port required under section 1225 of the Carl Ministry of Defense Directorate of Human be central to United States efforts to pro- Levin and Howard P. ‘‘Buck’’ McKeon Na- Rights and Gender Integration and the Af- mote security, prevent, respond to, and re- tional Defense Authorization Act for Fiscal ghan Ministry of Interior Office of Human solve conflict, and rebuild societies’’. Year 2015 (Public Law 113–291; 128 Stat. Rights, Gender and Child Rights; (3) As stated in the Department of De- 3550)— (III) development and dissemination of fense’s October 2014 Report on Progress To- (A) an assessment of the security of Af- gender and human rights educational and ward Security and Stability in Afghanistan, ghan women and girls, including information training materials and programs within the the Department of Defense and the Inter- regarding efforts to increase the recruitment Afghan Ministry of Defense and the Afghan national Security Assistance Force (ISAF) and retention of women in the ANSF; and Ministry of Interior; ‘‘maintain a robust program dedicated to im- (B) an assessment of the implementation of (IV) efforts to address harassment and vio- proving the recruitment, retention, and the plans for the recruitment, integration, lence against women within the ANSF; treatment of women in the Afghan National retention, training, treatment, and provision (V) improvements to infrastructure that Security Forces (ANSF), and to improving of appropriate facilities and transportation address the requirements of women serving the status of Afghan women in general’’. for women in the ANSF, including the chal- in the ANSF, including appropriate equip- (4) According to the Department of De- lenges associated with such implementation ment for female security and police forces, fense’s October 2014 Report on Progress To- and the steps being taken to address those and transportation for policewomen to their ward Security and Stability in Afghanistan, challenges. station the ‘‘Afghan MoI showed significant support (2) PLAN REQUIRED.— (VI) support for ANP Family Response for women in the MoI and is taking steps to (A) IN GENERAL.—The Secretary of Defense Units; and protect and empower female police and fe- shall, in coordination with the Secretary of (VII) security provisions for high-profile male MoI staff’’. Although some positive State, to the extent practicable, support the female police and army officers. steps have been made, progress remains slow efforts of the Government of Afghanistan to to reach the MoI’s goal of recruiting 10,000 promote the security of Afghan women and SA 1748. Mr. PETERS submitted an women in the Afghan National Police (ANP) girls during and after the security transition amendment intended to be proposed to in the next 10 years. process through the development and imple- amendment SA 1463 proposed by Mr. (5) According to Inclusive Security, women mentation by the Government of Afghani- stan of an Afghan-led plan that should in- MCCAIN to the bill H.R. 1735, to author- only make up approximately 1 percent of the ize appropriations for fiscal year 2016 Afghan National Police. There are about clude the elements described in this para- 2,200 women serving in the police force, fewer graph. for military activities of the Depart- than the goal of 5,000 women set by the Gov- (B) TRAINING.—The Secretary of Defense, ment of Defense and for military con- ernment of Afghanistan. working with the NATO-led Resolute Sup- struction, to prescribe military per- (6) According to the International Crisis port mission should encourage the Govern- sonnel strengths for such fiscal year, ment of Afghanistan to develop— Group, there are not enough female police of- and for other purposes; which was or- (i) measures for the evaluation of the effec- ficers to staff all provincial Family Response tiveness of existing training for Afghan Na- dered to lie on the table; as follows: Units (FRUs). United Nations Assistance tional Security Forces on this issue; At the end of subtitle C of title V, add the Mission Afghanistan and the Office of the (ii) a plan to increase the number of female following: High Commissioner for Refugees found that security officers specifically trained to ad- SEC. 524. REVIEW OF CHARACTERIZATION OR ‘‘in the absence of Family Response Units or dress cases of gender-based violence, includ- TERMS OF DISCHARGE FROM THE visible women police officers, women victims ing ensuring the Afghan National Police’s ARMED FORCES OF INDIVIDUALS almost never approach police stations will- Family Response Units (FRUs) have the nec- WITH MENTAL HEALTH DISORDERS ingly, fearing they will be arrested, their ALLEGED TO AFFECT TERMS OF DIS- essary resources and are available to women CHARGE. reputations stained or worse’’. across Afghanistan; Section 1553(d) of title 10, United States (b) SENSE OF CONGRESS ON PROMOTION OF (iii) mechanisms to enhance the capacity Code, is amended by adding at the end the SECURITY OF AFGHAN WOMEN.—It is the sense for units of National Police’s Family Re- following new paragraph: of Congress that— sponse Units to fulfill their mandate as well ‘‘(3)(A) In addition to the requirements of (1) it is in the national security interests as indicators measuring the operational ef- paragraphs (1) and (2), in the case of a former of the United States to prevent Afghanistan fectiveness of these units; member described in subparagraph (B), the from again becoming a safe haven and train- (iv) a plan to address the development of board shall— ing ground for international terrorism; accountability mechanisms for ANA and ‘‘(i) review medical evidence of the Sec- (2) as an important part of a strategy to ANP personnel who violate codes of conduct retary of Veterans Affairs or a civilian achieve this objective and to help Afghani- related to the human rights of women and health care provider that is presented by the stan achieve its full potential, the United girls, including female members of the States Government should continue to regu- ANSF; and former member; and larly press the Government of the Islamic (v) a plan to develop training for the ANA ‘‘(ii) review the case with a presumption of Republic of Afghanistan to commit to the and the ANP to increase awareness and re- administrative irregularity and place the meaningful inclusion of women in the polit- sponsiveness among ANA and ANP personnel burden on the Secretary concerned to prove, ical, economic, and security transition proc- regarding the unique security challenges by a preponderance of the evidence, that no ess and to ensure that women’s concerns are women confront when serving in those error or injustice occurred. fully reflected in relevant negotiations; forces. ‘‘(B) A former member described in this subparagraph is a former member described (3) the United States Government and the (C) ENROLLMENT AND TREATMENT.—The Government of Afghanistan should reaffirm Secretary of Defense, in cooperation with in paragraph (1) or a former member whose their commitment to supporting Afghan the Afghan Ministries of Defense and Inte- application for relief is based in whole or in civil society, including women’s organiza- rior, shall seek to assist the Government of part on matters relating to post-traumatic tions, as agreed to during the meeting be- Afghanistan in including as part of the plan stress disorder or traumatic brain injury as tween the International Community and the developed under subparagraph (A) the devel- supporting rationale or as justification for Government of Afghanistan on the Tokyo opment and implementation of a plan to in- priority consideration whose post-traumatic Mutual Accountability Framework (TMAF) crease the number of female members of the stress disorder or traumatic brain injury is in July 2013; ANA and ANP and to promote their equal related to combat or military sexual trauma, (4) the United States Government should treatment, including through such steps as as determined by the Secretary concerned.’’. continue to support and encourage efforts to providing appropriate equipment, modifying Mrs. SHAHEEN submitted recruit and retain women in the Afghan Na- facilities, and ensuring literacy and gender SA 1749. tional Security Forces, who are critical to awareness training for recruits. an amendment intended to be proposed the success of NATO’s Resolute Support Mis- (D) ALLOCATION OF FUNDS.— to amendment SA 1463 proposed by Mr. sion and future Enduring Partnership mis- (i) IN GENERAL.—Of the funds available to MCCAIN to the bill H.R. 1735, to author- sion; and the Department of Defense for the Afghan ize appropriations for fiscal year 2016 (5) the United States should bid on no less Security Forces Fund for Fiscal Year 2016, for military activities of the Depart- than one gender advisor billet within the no less than $10,000,000 should be used for the ment of Defense and for military con- Resolute Support Mission Gender Advisory recruitment, integration, retention, train- struction, to prescribe military per- Unit and continue to work with other coun- ing, and treatment of women in the ANSF as sonnel strengths for such fiscal year, tries to ensure that the Resolute Support well as the recruitment, training, and con- Mission Gender Advisory Unit billets are tracting of female security personnel for fu- and for other purposes; which was or- fully staffed. ture elections. dered to lie on the table; as follows: (c) PLAN TO PROMOTE SECURITY OF AFGHAN (ii) TYPES OF PROGRAMS AND ACTIVITIES.— At the end of subtitle G of title X, add the WOMEN.— Such programs and activities may include— following:

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.074 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3824 CONGRESSIONAL RECORD — SENATE June 4, 2015 SEC. 1085. SENSE OF SENATE ON MISUSE OF GOV- amendment SA 1463 proposed by Mr. tion 301 and available for the Department of ERNMENT TRAVEL CHARGE CARDS. MCCAIN to the bill H.R. 1735, to author- Defense for operation and maintenance, De- It is the sense of the Senate that— ize appropriations for fiscal year 2016 fense-wide, as specified in the funding table (1) a finding in a May 2015 report of the In- in section 4301— spector General of the Department of De- for military activities of the Depart- ment of Defense and for military con- (1) the amount available for the fense that personnel charged nearly $1,000,000 STARBASE program is hereby increased by to government travel charge cards for per- struction, to prescribe military per- $25,000,000; and sonal use at casinos and adult entertainment sonnel strengths for such fiscal year, (2) the amount available by reason of in- establishments over a one year period dem- and for other purposes; which was or- creased bulk fuel cost savings is hereby de- onstrates serious misuse of government trav- dered to lie on the table; as follows: creased by $25,000,000. el charge cards, does not comport with the At the end of subtitle B of title VII, add values of the Department, and requires addi- the following: SA 1753. Ms. WARREN (for herself, tional oversight to prevent future misuse; SEC. 721. PROHIBITION ON TERMINATION OF Mr. RUBIO, Mr. MARKEY, Ms. AYOTTE, (2) the Director of the Defense Travel Man- VETS4WARRIORS PROGRAM. Mrs. SHAHEEN, Mr. BROWN, and Mr. agement Office should work with the Armed (a) IN GENERAL.—The Secretary of Defense MENENDEZ) submitted an amendment Forces, the Defense Agencies, and represent- may not terminate the peer support program atives of financial institutions to determine of the Department of Defense known as the intended to be proposed to amendment how to prevent and identify the inappro- Vets4Warriors program unless the Secretary SA 1463 proposed by Mr. MCCAIN to the priate personal use of the government travel determines, through a public process estab- bill H.R. 1735, to authorize appropria- charge cards under those and similar cir- lished by the Secretary, that members of the tions for fiscal year 2016 for military cumstances; and Armed Forces will receive adequate mental activities of the Department of Defense (3) the Department of Defense should work health care and resources in the absence of and for military construction, to pre- to expeditiously address any outstanding such program. scribe military personnel strengths for recommendations in the report of the Inspec- (b) EVALUATION OF EFFECTIVENESS.—The tor General described in paragraph (1). Secretary shall conduct an evaluation of the such fiscal year, and for other pur- effectiveness of peer-to-peer counseling in poses; which was ordered to lie on the SA 1750. Mr. WARNER submitted an assisting members of the Armed Forces and table; as follows: amendment intended to be proposed to their families. At the appropriate place, insert the fol- amendment SA 1463 proposed by Mr. lowing: SA 1752. Mr. HEINRICH (for himself, MCCAIN to the bill H.R. 1735, to author- SEC. ll. HONORING AMERICAN PRISONERS OF Mr. INHOFE, Mr. DONNELLY, Mr. ize appropriations for fiscal year 2016 WAR AND MISSING IN ACTION. BLUMENTHAL, Mr. TILLIS, Ms. HIRONO, for military activities of the Depart- (a) FINDINGS.—Congress finds the fol- Mr. GRAHAM, Ms. STABENOW, Ms. BALD- lowing: ment of Defense and for military con- WIN, Mr. ISAKSON, Mr. MARKEY, Mr. (1) In recent years, commemorative chairs struction, to prescribe military per- UDALL, Mr. NELSON, and Mr. MORAN) honoring American Prisoners of War/Missing sonnel strengths for such fiscal year, submitted an amendment intended to in Action have been placed in prominent lo- and for other purposes; which was or- be proposed to amendment SA 1463 pro- cations across the United States. dered to lie on the table; as follows: (2) The United States Capitol is an appro- posed by Mr. MCCAIN to the bill H.R. At the appropriate place, insert the fol- priate location to place a commemorative 1735, to authorize appropriations for chair honoring American Prisoners of War/ lowing: fiscal year 2016 for military activities SEC. ll. UNMANNED AERIAL SYSTEMS RE- Missing in Action. SEARCH PROGRAM. of the Department of Defense and for (b) PLACEMENT OF A CHAIR IN THE UNITED (a) REQUIREMENT TO DEVELOP AND DEPLOY military construction, to prescribe STATES CAPITOL HONORING AMERICAN PRIS- UAS TECHNOLOGIES.—The Secretary of De- military personnel strengths for such ONERS OF WAR/MISSING IN ACTION.— fense and the Director of National Intel- fiscal year, and for other purposes; (1) OBTAINING CHAIR.—The Architect of the ligence shall work in conjunction with the which was ordered to lie on the table; Capitol shall enter into an agreement to ob- Secretary of Homeland Security, the Sec- as follows: tain a chair featuring the logo of the Na- tional League of POW/MIA Families under retary of Transportation, the Administrator At the end of subtitle F of title III, add the of the National Aeronautics and Space Ad- such terms and conditions as the Architect following: considers appropriate and consistent with ministration, the heads of other Federal SEC. 355. STARBASE PROGRAM. agencies, existing UAS test sites designated applicable law. (a) FINDINGS.—Congress makes the fol- (2) PLACEMENT.—Not later than 2 years by the Federal Aviation Administration, the lowing findings: private sector, and academia on the research after the date of enactment of this section, (1) The budget of the President for fiscal the Architect shall place the chair obtained and development of technologies to safely year 2016 requested no funding for the De- detect, identify, classify, and deconflict UAS under paragraph (1) in a suitable permanent partment of Defense STARBASE program. location in the United States Capitol. in the national air space, integrate UAS, and (2) The purpose of the STARBASE program deploy proven UAS mitigation tech- (c) FUNDING.— is to improve the knowledge and skills of (1) DONATIONS.—The Architect of the Cap- nologies— students in kindergarten through 12th grade (1) to ensure that UAS operate safely in itol may— in science, technology, engineering, and (A) enter into an agreement with any orga- the national air space; mathematics (STEM) subjects, to connect (2) to ensure that, as the commercial use of nization described in section 501(c)(3) of the them to the military, and to motivate them Internal Revenue Code of 1986 that is exempt UAS technologies increase and are safely in- to explore science, technology, engineering, tegrated into the national air space, the from taxation under section 501(a) of that and mathematics and possible military ca- Code to solicit private donations to carry United States is taking full advantage of ex- reers as they continue their education. isting and developmental technologies to de- out the purposes of this section; and (3) The STARBASE program currently op- (B) accept donations of funds, property, tect, identify, classify, track, and counteract erates at 76 locations in 40 States and the UAS in and around restricted and controlled and services to carry out the purposes of this District of Columbia and Puerto Rico, pri- section. air space, such as airports, military training marily on military installations. areas, National Special Security Events, and (2) COSTS.—All costs incurred in carrying (4) To date, nearly 750,000 students have out the purposes of this section shall be paid sensitive national security locations; participated in the STARBASE program. (3) to yield important insights for the De- for with private donations received under (5) The STARBASE program is a highly ef- paragraph (1). partment of Defense, intelligence commu- fective program run by dedicated members of nity, Department of Homeland Security, and the Armed Forces and strengthens the rela- SA 1754. Mrs. ERNST submitted an civilian and private sector applications; tionships between the military, commu- (4) to provide intelligence, reconnaissance, amendment intended to be proposed to nities, and local school districts. amendment SA 1463 proposed by Mr. and surveillance capabilities over widely dis- (6) The budget of the President for fiscal persed and expansive territories; and year 2016 seeks to eliminate funding for the MCCAIN to the bill H.R. 1735, to author- (5) to improve methods for protecting pri- STARBASE program for that fiscal year due ize appropriations for fiscal year 2016 vacy and civil liberties related to the use of to a reorganization of science, technology, for military activities of the Depart- UAS. engineering, and mathematics programs ment of Defense and for military con- (b) UAS DEFINED.—In this section, the throughout the Federal Government. struction, to prescribe military per- term ‘‘UAS’’ means unmanned aerial sys- (b) SENSE OF CONGRESS.—It is the sense of tems. sonnel strengths for such fiscal year, Congress that the STARBASE program and for other purposes; which was or- should continue to be funded by the Depart- SA 1751. Mr. BOOKER (for himself ment of Defense. dered to lie on the table; as follows: and Mr. MENENDEZ) submitted an (c) FUNDING.—Of the amount authorized to At the appropriate place, insert the fol- amendment intended to be proposed to be appropriated for fiscal year 2016 by sec- lowing:

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.074 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3825 SEC. ll. PROGRAM MANAGEMENT IMPROVE- ‘‘(B) develop a written strategy for enhanc- ‘‘(iii) Other individuals as determined ap- MENT AND ACCOUNTABILITY. ing the role of program managers within the propriate by the Chairperson. (a) DEPUTY DIRECTOR FOR MANAGEMENT.— agency that includes the following: ‘‘(B) CHAIRPERSON AND VICE CHAIRPERSON.— (1) ADDITIONAL FUNCTIONS.—Section 503 of ‘‘(i) Enhanced training and educational op- ‘‘(i) IN GENERAL.—The Deputy Director for title 31, United States Code, is amended by portunities for program managers. Management of the Office of Management adding at the end the following: ‘‘(ii) Mentoring of current and future pro- and Budget shall be the Chairperson of the ‘‘(c) PROGRAM AND PROJECT MANAGEMENT.— gram managers by experienced senior execu- Council. A Vice Chairperson shall be elected ‘‘(1) REQUIREMENT.—Subject to the direc- tives and program managers within the by the members and shall serve a term of not tion and approval of the Director, the Dep- agency. more than 1 year. uty Director for Management or designee ‘‘(iii) Improved career paths and career op- ‘‘(ii) DUTIES.—The Chairperson shall pre- shall— portunities for program managers. side at the meetings of the Council, deter- ‘‘(A) adopt governmentwide standards, ‘‘(iv) Incentives for the recruitment and re- mine the agenda of the Council, direct the policies, and guidelines for program and tention of highly qualified individuals to work of the Council, and establish and direct project management for executive agencies; serve as program managers. subgroups of the Council as appropriate. ‘‘(B) oversee program and project manage- ‘‘(v) Improved resources and support, in- ‘‘(4) MEETINGS.—The Council shall meet ment for the standards, policies, and guide- cluding relevant competencies encompassed not less than twice per fiscal year and may lines established under subparagraph (A); with program and project management with- meet at the call of the Chairperson or a ma- ‘‘(C) chair the Program Management Pol- in the private sector for program managers. jority of the members of the Council. icy Council established under section 1126(b); ‘‘(vi) Improved means of collecting and dis- ‘‘(5) SUPPORT.—The head of each agency ‘‘(D) issue regulations and establish stand- seminating best practices and lessons with a Project Management Improvement ards and policies for executive agencies, in Officer serving on the Council shall provide accordance with nationally accredited stand- learned to enhance program management ards for program and project management across the agency. administrative support to the Council, as ap- planning and delivery issues; ‘‘(vii) Common templates and tools to sup- propriate, at the request of the Chairperson. ‘‘(E) engage with the private sector; port improved data gathering and analysis ‘‘(6) COMMITTEE DURATION.—Section 14(a)(2) ‘‘(F) conduct portfolio reviews to address for program management and oversight pur- of the Federal Advisory Committee Act (5 programs identified as high risk by the Gov- poses. U.S.C. App.) shall not apply to the Council.’’. ernment Accountability Office; ‘‘(3) APPLICATION TO DEPARTMENT OF DE- (2) REPORT REQUIRED.—Not later than 180 ‘‘(G) not less than annually, conduct port- FENSE.—This subsection shall not apply to days after the date of the enactment of this folio reviews of agency programs in coordi- the Department of Defense to the extent Act, the head of each agency described in nation with Project Management Improve- that the provisions of this subsection are section 901(b) of title 31, United States Code, ment Officers designated under section substantially similar to or duplicative of the shall submit to Congress and the Office of 1126(a)(1); and provisions under section 810 of the National Management and Budget a report containing ‘‘(H) establish a 5-year strategic plan for Defense Authorization Act for Fiscal Year the strategy developed under section program and project management. 2016. 1126(a)(2)(B) of such title, as added by para- ‘‘(2) APPLICATION TO DEPARTMENT OF DE- ‘‘(b) PROGRAM MANAGEMENT POLICY COUN- graph (1). FENSE.—Paragraph (1) shall not apply to the CIL.— (c) PROGRAM AND PROJECT MANAGEMENT Department of Defense to the extent that ‘‘(1) ESTABLISHMENT.—There is established PERSONNEL STANDARDS.— the provisions of that paragraph are substan- in the Office of Management and Budget a (1) DEFINITION.—In this section, the term tially similar to or duplicative of the provi- council to be known as the ‘Program Man- ‘‘agency’’ means each agency described in sions under section 810 of the National De- agement Policy Council’ (in this section re- section 901(b) of title 31, United States Code. fense Authorization Act for Fiscal Year ferred to as the ‘Council’). (2) REGULATIONS REQUIRED.—Not later than 2016.’’. ‘‘(2) PURPOSE AND FUNCTIONS.—The Council 270 days after the date of enactment of this (2) DEADLINE FOR STANDARDS, POLICIES, AND shall act as the principal interagency forum Act, the Director of the Office of Personnel GUIDELINES.—Not later than 120 days after for improving agency practices related to Management, in consultation with the Direc- the date of the enactment of this Act, the program and project management. The Coun- tor of the Office of Management and Budget, Deputy Director for Management of the Of- cil shall— shall issue regulations that— fice of Management and Budget shall issue ‘‘(A) advise and assist the Deputy Director (A) identify key skills and competencies the standards, policies, and guidelines re- for Management of the Office of Management needed for a program and project manager in quired under section 503(c) of title 31, United and Budget; an agency; States Code, as added by paragraph (1). ‘‘(B) review programs identified as high (B) establish a new job series for program (3) REGULATIONS.—Not later than 150 days risk by the General Accountability Office and project management within an agency; after the date of the enactment of this Act, and make recommendations for actions to be and the Deputy Director for Management of the taken by the Deputy Director for Manage- (C) establish a new career path for program Office of Management and Budget, in con- ment of the Office of Management and Budg- and project managers within an agency. sultation with the Program Management et or designee; Policy Council established under section ‘‘(C) discuss topics of importance to the SA 1755. Mr. BURR (for himself and 1126(b) of title 31, United States Code, as workforce, including— Mr. TILLIS) submitted an amendment added by subsection (b)(1), and the Director ‘‘(i) career development and workforce de- intended to be proposed to amendment of the Office of Management and Budget, velopment needs; SA 1463 proposed by Mr. MCCAIN to the shall issue any regulations as are necessary ‘‘(ii) policy to support continuous improve- bill H.R. 1735, to authorize appropria- to implement the requirements of section ment in program and project management; tions for fiscal year 2016 for military 503(c) of title 31, United States Code, as and activities of the Department of Defense added by paragraph (1). ‘‘(iii) major challenges across agencies in and for military construction, to pre- (b) PROGRAM MANAGEMENT IMPROVEMENT managing programs; OFFICERS AND PROGRAM MANAGEMENT POLICY ‘‘(D) advise on the development and appli- scribe military personnel strengths for COUNCIL.— cability of standards governmentwide for such fiscal year, and for other pur- (1) AMENDMENT.—Chapter 11 of title 31, program management transparency; and poses; which was ordered to lie on the United States Code, is amended by adding at ‘‘(E) review the information published on table; as follows: the end the following: the website of the Office of Management and At the end of subtitle G of title X, add the ‘‘§ 1126. Program Management Improvement Budget pursuant to section 1122. following: Officers and Program Management Policy ‘‘(3) MEMBERSHIP.— SEC. 1085. DESIGNATION OF AMERICAN WORLD Council ‘‘(A) COMPOSITION.—The Council shall be WAR II CITIES. ‘‘(a) PROGRAM MANAGEMENT IMPROVEMENT composed of the following members: (a) IN GENERAL.—The Secretary of Vet- OFFICERS.— ‘‘(i) Five members from the Office of Man- erans Affairs shall designate at least one ‘‘(1) DESIGNATION.—The head of each agen- agement and Budget as follows: city in the United States each year as an cy described in section 901(b) shall designate ‘‘(I) The Deputy Director for Management. ‘‘American World War II City’’. a senior executive of the agency as the Pro- ‘‘(II) The Administrator of the Office of (b) CRITERIA FOR DESIGNATION.—After the gram Management Improvement Officer of Electronic Government. designation made under subsection (c), the the agency. The Program Management Im- ‘‘(III) The Administrator of the Office of Secretary, in consultation with the Sec- provement Officer shall report directly to Federal Procurement Policy. retary of Defense, shall make each designa- the head of the agency. ‘‘(IV) The Controller of the Office of Fed- tion under subsection (a) based on the fol- ‘‘(2) FUNCTIONS.—The Program Manage- eral Financial Management. lowing criteria: ment Improvement Officer of an agency des- ‘‘(V) The Director of the Office of Perform- (1) Contributions by a city to the war ef- ignated under paragraph (1) shall— ance and Personnel Management. fort during World War II, including those re- ‘‘(A) implement program management ‘‘(ii) The Program Management Improve- lated to defense manufacturing, bond drives, policies established by the agency under sec- ment Officer from each agency described in service in the Armed Forces, and the pres- tion 503(c); and section 901(b). ence of military facilities within the city.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.083 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3826 CONGRESSIONAL RECORD — SENATE June 4, 2015 (2) Efforts by a city to preserve the history in May 2013) includes problem gambling as a agency Task Force on Military and Veterans of the city’s contributions during World War behavioral addiction. This reflects research Mental Health. II, including through the establishment of findings that gambling disorders are similar (4) REPORTS.—Not later than one year after preservation organizations or museums, res- to substance-related disorders in clinical ex- the date of the enactment of this Act— toration of World War II facilities, and rec- pression, brain origin, comorbidity, physi- (A) the Secretary of Defense shall submit ognition of World War II veterans. ology, and treatment. to the appropriate committees of Congress a (c) FIRST AMERICAN WORLD WAR II CITY.— (b) POLICIES AND PROGRAMS TO PREVENT report on efforts undertaken pursuant to The city of Wilmington, North Carolina, is AND TREAT GAMBLING PROBLEMS.— paragraph (1); and designated as an ‘‘American World War II (1) DEPARTMENT OF DEFENSE.—The Sec- (B) the Secretary of Veterans Affairs shall City’’. retary of Defense shall develop policies on submit to the appropriate committees of (d) SUNSET.—The requirements of this sec- Congress a report on efforts undertaken pur- tion shall terminate on the date that is five prevention, education, and treatment of problem gambling, including the following suant to paragraph (2). years after the date of the enactment of this (c) USE OF CERTAIN AMOUNTS BY DEPART- Act. elements: (A) Prevention programs for members of MENT OF DEFENSE.—Of the aggregate amount collected each fiscal year by morale, welfare, SA 1756. Ms. WARREN (for herself the Armed Forces and their dependents. (B) Responsible gaming education for and recreation (MWR) facilities of the De- and Mr. MERKLEY) submitted an partment of Defense from the operation of members of the Armed Forces and their de- amendment intended to be proposed to slot machines and bingo games, an amount pendents. amendment SA 1463 proposed by Mr. equal to one percent of such amount shall be (C) Establishment of a center of excellence available to the Secretary of Defense carry MCCAIN to the bill H.R. 1735, to author- for the residential treatment of the most se- out the policy and programs described in ize appropriations for fiscal year 2016 vere cases of problem gambling among mem- for military activities of the Depart- subsection (b)(1)(D). bers of the Armed Forces. (d) COMPTROLLER GENERAL STUDY ON GAM- ment of Defense and for military con- (D) Policy and programs to integrate prob- BLING AND PROBLEM GAMBLING AMONG MEM- struction, to prescribe military per- lem gambling into existing mental health BERS OF THE ARMED FORCES AND VETERANS.— sonnel strengths for such fiscal year, and substance abuse programs of the Depart- (1) IN GENERAL.—The Comptroller General and for other purposes; which was or- ment of Defense in order to— of the United States shall conduct a study on dered to lie on the table; as follows: (i) prevent problem gambling among mem- problem gambling among members of the At the end of subtitle B of title VII, add bers of the Armed Forces and their families; Armed Forces and veterans. the following: (ii) provide responsible gaming educational (2) MATTERS INCLUDED.—The study con- materials to members of the Armed Forces SEC. 721. PREVENTION AND TREATMENT OF ducted under paragraph (1) shall include the PROBLEM GAMBLING BEHAVIOR and their family members who gamble; and following: AMONG MEMBERS OF THE ARMED (iii) train existing substance abuse and (A) With respect to gambling installations FORCES AND VETERANS. mental health counselors to provide treat- (including bingo) operated by each branch of (a) FINDINGS.—Congress makes the fol- ment for problem gambling within current the Armed Forces— lowing findings: mental health and substance abuse treat- (i) the number, type, and location of such (1) Gambling addiction, or problem gam- ment programs for members of the Armed gambling installations; bling, is a public health disorder character- Forces. (ii) the total amount of cash flow through ized by increasing preoccupation with gam- (E) Assessment of gambling problems such gambling installations; bling, loss of control, restlessness, or irrita- among members of the Armed Forces, fac- (iii) the amount of revenue generated by bility when attempting to stop gambling, tors related to the development of such prob- such gambling installations; and and continuation of the gambling behavior lems (including co-occurring disorders such (iv) how such revenue is spent. in spite of mounting serious, negative con- as substance use, post-traumatic stress dis- (B) An assessment of the prevalence of sequences. order, traumatic brain injury, stress, and problem gambling among members of the (2) Over 6,000,000 adults met criteria for a sensation seeking), and the social, health, Armed Forces and veterans, including rec- gambling problem in 2013. and financial impacts of gambling on mem- ommendations for policies and programs to (3) According to the National Council on bers of the Armed Forces by incorporating be carried out by the Department of Defense Problem Gambling, it is estimated that be- questions on problem gambling behavior into and the Department of Veterans Affairs to tween 36,000 and 48,000 members of the Armed ongoing research efforts as appropriate, in- address problem gambling. Forces on active duty meet criteria for a cluding restoring such questions into the (3) REPORT.—Not later than one year after gambling problem. Survey of Health Related Behaviors Among the date of the enactment of this Act, the (4) The Department of Defense operates an Active Duty Military Personnel conducted Comptroller General shall submit to the ap- estimated 3,000 slot machines at military in- by the Department of Defense. propriate committees of Congress a report on stallations overseas that are available to (2) DEPARTMENT OF VETERANS AFFAIRS.— the results of the study conducted under members of the Armed Forces and their fam- The Secretary of Veterans Affairs shall de- paragraph (1). ilies. velop policies on prevention, education, and (e) APPROPRIATE COMMITTEES OF CONGRESS (5) It is estimated that these slot machines treatment of problem gambling, including DEFINED.—In this section, the term ‘‘appro- generate more than $100,000,000 in revenue the following elements: priate committees of Congress’’ means— for the Department of Defense, which is used (A) Prevention programs for veterans and (1) the Committee on Armed Services, the for further recreational activities for mem- their dependents. Committee on Veterans’ Affairs, and the bers of the Armed Forces. (B) Responsible gaming education for vet- Committee on Appropriations of the Senate; (6) The United States Army operates bingo erans and their dependents. and games on military installations in the (C) Establishment of a center of excellence (2) the Committee on Armed Services, the United States, which generate millions of for the residential treatment of the most se- Committee on Veterans’ Affairs, and the dollars per year. vere cases of problem gambling among vet- Committee on Appropriations of the House (7) The Department of Defense does not erans. of Representatives. currently have treatment programs for mem- (D) Policy and programs to integrate prob- bers of the Armed Forces with problem gam- lem gambling into existing mental health SA 1757. Ms. WARREN (for herself bling behaviors, although it does operate and substance abuse programs of the Depart- and Mr. MERKLEY) submitted an treatment programs for alcohol abuse, ille- ment of Veterans Affairs in order to— amendment intended to be proposed to gal substance abuse, and tobacco addiction. (i) prevent problem gambling among vet- amendment SA 1463 proposed by Mr. (8) The Department of Veterans Affairs erans and their families; MCCAIN to the bill H.R. 1735, to author- provides behavioral addiction treatment to (ii) provide responsible gaming educational ize appropriations for fiscal year 2016 veterans but has limited programs directed materials to veterans and their family mem- at problem gambling. bers who gamble; and for military activities of the Depart- (9) Individuals with problem gambling be- (iii) train existing substance abuse and ment of Defense and for military con- havior have higher incidences of bankruptcy, mental health counselors to provide treat- struction, to prescribe military per- domestic abuse, and suicide. ment for problem gambling within current sonnel strengths for such fiscal year, (10) People who engage in problem gam- mental health and substance abuse treat- and for other purposes; which was or- bling have high rates of co-occurring sub- ment programs for veterans. dered to lie on the table; as follows: stance abuse and mental health disorders. (E) Financial counseling and related serv- At the end of subtitle B of title VII, add (11) Because many veterans are often at ices for veterans impacted by problem gam- the following: high risk for co-occuring substance abuse bling. SEC. 721. PREVENTION AND TREATMENT OF and mental health disorders, it is critical (3) CONSULTATION.—The Secretary of De- PROBLEM GAMBLING BEHAVIOR that they receive adequate treatment for fense shall develop the policies described in AMONG MEMBERS OF THE ARMED such disorders. paragraph (1) and the Secretary of Veterans FORCES. (12) The Diagnostic and Statistical Manual Affairs shall develop the policies described in (a) FINDINGS.—Congress makes the fol- of Mental Disorders (Fifth Edition, published paragraph (2) in coordination with the Inter- lowing findings:

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.083 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3827 (1) Gambling addiction, or problem gam- lems (including co-occurring disorders such Strike section 1649 and insert the fol- bling, is a public health disorder character- as substance use, post-traumatic stress dis- lowing: ized by increasing preoccupation with gam- order, traumatic brain injury, stress, and SEC. 1649. LIMITATION ON PROVIDING CERTAIN bling, loss of control, restlessness, or irrita- sensation seeking), and the social, health, MISSILE DEFENSE TECHNOLOGY TO bility when attempting to stop gambling, and financial impacts of gambling on mem- THE RUSSIAN FEDERATION. and continuation of the gambling behavior bers of the Armed Forces by incorporating (a) EXTENSION AND EXPANSION OF LIMITA- in spite of mounting serious, negative con- questions on problem gambling behavior into TION ON PROVIDING CERTAIN SENSITIVE MIS- sequences. ongoing research efforts as appropriate, in- SILE DEFENSE INFORMATION.—Section (2) Over 6,000,000 adults met criteria for a cluding restoring such questions into the 1246(c)(2) of the National Defense Authoriza- gambling problem in 2013. Survey of Health Related Behaviors Among tion Act for Fiscal Year 2014 (Public Law (3) According to the National Council on Active Duty Military Personnel conducted 113–66; 127 Stat. 923), as amended by section Problem Gambling, it is estimated that be- by the Department of Defense. 1243(2)(A) of the Carl Levin and Howard P. tween 36,000 and 48,000 members of the Armed (2) CONSULTATION.—The Secretary of De- ‘‘Buck’’ McKeon National Defense Author- Forces on active duty meet criteria for a fense shall develop the policies described in ization Act for Fiscal Year 2015 (Public Law gambling problem. paragraph (1) in coordination with the Inter- 113–291; 128 Stat. 3564), is further amended— (4) The Department of Defense operates an agency Task Force on Military and Veterans (1) by striking ‘‘INFORMATION.—No funds’’ estimated 3,000 slot machines at military in- Mental Health. and inserting the following: ‘‘INFORMATION.— stallations overseas that are available to (3) REPORTS.—Not later than one year after ‘‘(A) IN GENERAL.—No funds’’; members of the Armed Forces and their fam- the date of the enactment of this Act, the (2) by striking ‘‘for fiscal year 2014 or 2015’’ ilies. Secretary of Defense shall submit to the ap- and all that follows through the period at (5) It is estimated that these slot machines propriate committees of Congress a report on the end and inserting ‘‘for any fiscal year for generate more than $100,000,000 in revenue efforts undertaken pursuant to paragraph the Department of Defense may be used to for the Department of Defense, which is used (1). provide the Russian Federation with sen- for further recreational activities for mem- (c) USE OF CERTAIN AMOUNTS BY DEPART- sitive missile defense information or infor- bers of the Armed Forces. MENT OF DEFENSE.—Of the aggregate amount mation relating to velocity at burnout of, or (6) The United States Army operates bingo collected each fiscal year by morale, welfare, telemetry information on, United States games on military installations in the and recreation (MWR) facilities of the De- missile interceptors or targets.’’; and United States, which generate millions of partment of Defense from the operation of (3) by adding at the end the following new dollars per year. slot machines and bingo games, an amount subparagraph: (7) The Department of Defense does not equal to one percent of such amount shall be ‘‘(B) WAIVER.—The Secretary of Defense currently have treatment programs for mem- available to the Secretary of Defense carry may waive the limitation under subpara- bers of the Armed Forces with problem gam- out the policy and programs described in graph (A) if the Secretary certifies to the bling behaviors, although it does operate subsection (b)(1)(D). treatment programs for alcohol abuse, ille- congressional defense committees that the (d) COMPTROLLER GENERAL STUDY ON GAM- gal substance abuse, and tobacco addiction. Russia Federation— BLING AND PROBLEM GAMBLING AMONG MEM- (8) Individuals with problem gambling be- ‘‘(i) is complying with the Treaty between BERS OF THE ARMED FORCES.— havior have higher incidences of bankruptcy, the United States of America and the Union (1) IN GENERAL.—The Comptroller General of Soviet Socialist Republics on the Elimi- domestic abuse, and suicide. of the United States shall conduct a study on (9) People who engage in problem gambling nation of Their Intermediate-Range and problem gambling among members of the have high rates of co-occurring substance Shorter-Range Missiles, signed at Wash- Armed Forces. abuse and mental health disorders. ington December 8, 1987, and entered into (2) MATTERS INCLUDED.—The study con- (10) Because many members of the Armed force June 1, 1988 (commonly referred to as ducted under paragraph (1) shall include the Forces and veterans are often at high risk the ‘Intermediate-Range Nuclear Forces following: for co-occuring substance abuse and mental Treaty’ or ‘INF Treaty’); (A) With respect to gambling installations health disorders, it is critical that they re- ‘‘(ii) has verifiably pulled its regular and (including bingo) operated by each branch of ceive adequate treatment for such disorders. irregular military forces out of Ukrainian the Armed Forces— (11) The Diagnostic and Statistical Manual territory, including Crimea; and (i) the number, type, and location of such of Mental Disorders (Fifth Edition, published ‘‘(iii) has terminated its contract to sell in May 2013) includes problem gambling as a gambling installations; the S–300 air defense system to the Islamic behavioral addiction. This reflects research (ii) the total amount of cash flow through Republic of Iran.’’. findings that gambling disorders are similar such gambling installations; (b) LIMITATION ON INTEGRATION OF MISSILE to substance-related disorders in clinical ex- (iii) the amount of revenue generated by DEFENSE SYSTEMS.—None of the funds au- pression, brain origin, comorbidity, physi- such gambling installations; and thorized to be appropriated or otherwise ology, and treatment. (iv) how such revenue is spent. made available by this Act or any other Act (b) POLICIES AND PROGRAMS TO PREVENT (B) An assessment of the prevalence of may be used to integrate in any way United AND TREAT GAMBLING PROBLEMS.— problem gambling among members of the States missile defense systems, including (1) DEPARTMENT OF DEFENSE.—The Sec- Armed Forces, including recommendations those of NATO, with missile defense systems retary of Defense shall develop policies on for policies and programs to be carried out of the Russian Federation. prevention, education, and treatment of by the Department of Defense to address problem gambling. problem gambling, including the following SA 1759. Mr. KIRK submitted an elements: (3) REPORT.—Not later than one year after the date of the enactment of this Act, the amendment intended to be proposed to (A) Prevention programs for members of amendment SA 1463 proposed by Mr. the Armed Forces and their dependents. Comptroller General shall submit to the ap- (B) Responsible gaming education for propriate committees of Congress a report on MCCAIN to the bill H.R. 1735, to author- members of the Armed Forces and their de- the results of the study conducted under ize appropriations for fiscal year 2016 pendents. paragraph (1). for military activities of the Depart- (C) Establishment of a center of excellence (e) APPROPRIATE COMMITTEES OF CONGRESS ment of Defense and for military con- for the residential treatment of the most se- DEFINED.—In this section, the term ‘‘appro- struction, to prescribe military per- vere cases of problem gambling among mem- priate committees of Congress’’ means— sonnel strengths for such fiscal year, bers of the Armed Forces. (1) the Committee on Armed Services and the Committee on Appropriations of the Sen- and for other purposes; which was or- (D) Policy and programs to integrate prob- dered to lie on the table; as follows: lem gambling into existing mental health ate; and and substance abuse programs of the Depart- (2) the Committee on Armed Services and At the end of subtitle C of title XII, add ment of Defense in order to— the Committee on Appropriations of the the following: (i) prevent problem gambling among mem- House of Representatives. SEC. 1242. REPORT ON USE BY IRAN OF FUNDS bers of the Armed Forces and their families; MADE AVAILABLE THROUGH SANC- (ii) provide responsible gaming educational SA 1758. Mr. KIRK submitted an TIONS RELIEF. materials to members of the Armed Forces amendment intended to be proposed to (a) IN GENERAL.—Not later than 180 days and their family members who gamble; and amendment SA 1463 proposed by Mr. after the date of the enactment of this Act, (iii) train existing substance abuse and MCCAIN to the bill H.R. 1735, to author- and every 180 days thereafter, the Secretary mental health counselors to provide treat- ize appropriations for fiscal year 2016 of the Treasury, in consultation with the Di- ment for problem gambling within current for military activities of the Depart- rector of National Intelligence, shall submit mental health and substance abuse treatment of Defense and for military con- to the appropriate congressional committees ment programs for members of the Armed a report assessing the following: Forces. struction, to prescribe military per- (1) The monetary value of any direct or in- (E) Assessment of gambling problems sonnel strengths for such fiscal year, direct forms of sanctions relief that Iran has among members of the Armed Forces, fac- and for other purposes; which was or- received since the Joint Plan of Action first tors related to the development of such prob- dered to lie on the table; as follows: entered into effect.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.083 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3828 CONGRESSIONAL RECORD — SENATE June 4, 2015 (2) How Iran has used funds made available January 27, 2014, or any successor informa- pursuant to section 219 of the Immigration through sanctions relief, including the ex- tion paper or policy of the Department of the and Nationality Act (8 U.S.C. 1189). tent to which any such funds have facilitated Army. (e) DEFINITIONS.—In this section: the ability of Iran— (1) COORDINATOR.—The term ‘‘Coordinator’’ (A) to provide support for— SA 1761. Mr. CORNYN submitted an means the Interagency Hostage Recovery Co- (i) any individual or entity designated for amendment intended to be proposed to ordinator designated under subsection (a). the imposition of sanctions for activities re- amendment SA 1463 proposed by Mr. (2) HOSTILE GROUP.—The term ‘‘hostile lating to international terrorism pursuant to MCCAIN to the bill H.R. 1735, to author- group’’ means— an Executive order or by the Office of For- ize appropriations for fiscal year 2016 (A) a group that is designated as a foreign eign Assets Control of the Department of the terrorist organization under section 219(a) of Treasury on or before the enactment of this for military activities of the Depart- the Immigration and Nationality Act (8 Act; ment of Defense and for military con- U.S.C. 1189(a)); (ii) any organization designated by the struction, to prescribe military per- (B) a group that is engaged in armed con- Secretary of State as a foreign terrorist or- sonnel strengths for such fiscal year, flict with the United States; or ganization under section 219(a) of the Immi- and for other purposes; which was or- (C) any other group that the President de- gration and Nationality Act (8 U.S.C. 1189(a)) dered to lie on the table; as follows: termines to be a hostile group for purposes of on or before the enactment of this Act; or At the end of subtitle G of title X, add the this paragraph. TATE SPONSOR OF TERRORISM.—The (iii) any other terrorist organization, in- following: (3) S cluding Hamas, Hezbollah, Palestinian Is- term ‘‘state sponsor of terrorism’’— SEC. 1085. INTERAGENCY HOSTAGE RECOVERY (A) means a country the government of lamic Jihad, or the regime of Bashar al- COORDINATOR. Assad in Syria; which the Secretary of State has deter- (a) INTERAGENCY HOSTAGE RECOVERY COOR- (B) to advance the efforts of Iran or any mined, for purposes of section 6(j) of the Ex- DINATOR.— other country to develop nuclear weapons or port Administration Act of 1979, section 620A (1) IN GENERAL.—Not later than 60 days of the Foreign Assistance Act of 1961, section ballistic missiles overtly or covertly; or after the date of the enactment of this Act, 40 of the Arms Export Control Act, or any (C) to commit any violation of the human the President shall designate an existing other provision of law, to be a government rights of the people of Iran. Federal officer to coordinate efforts to se- that has repeatedly provided support for acts (3) The extent to which any senior officials cure the release of United States persons of international terrorism; and of the Government of Iran have diverted any who are hostages of hostile groups or state (B) includes North Korea. funds from sanctions relief into their per- sponsors of terrorism. For purposes of car- sonal accounts. rying out the duties described in paragraph SA 1762. Mr. CORNYN submitted an (b) FORM OF REPORTS.—Each report re- (2), such officer shall have the title of ‘‘Inter- quired by subsection (a) shall be submitted agency Hostage Recovery Coordinator’’. amendment intended to be proposed to in unclassified form, but may include a clas- (2) DUTIES.—The Coordinator shall have amendment SA 1463 proposed by Mr. sified annex. the following duties: MCCAIN to the bill H.R. 1735, to author- (c) DEFINITIONS.—In this section: (A) Coordinate and direct all activities of ize appropriations for fiscal year 2016 (1) APPROPRIATE CONGRESSIONAL COMMIT- the Federal Government relating to each for military activities of the Depart- TEES.—The term ‘‘appropriate congressional hostage situation described in paragraph (1) committees’’ has the meaning given that ment of Defense and for military con- to ensure efforts to secure the release of all term in section 14 of the Iran Sanctions Act struction, to prescribe military per- hostages in the hostage situation are prop- of 1996 (Public Law 104–172; 50 U.S.C. 1701 sonnel strengths for such fiscal year, erly resourced and correct lines of authority note). are established and maintained. and for other purposes; which was or- (2) JOINT PLAN OF ACTION.—The term ‘‘Joint (B) Establish and direct a fusion cell con- dered to lie on the table; as follows: Plan of Action’’ means the Joint Plan of Ac- sisting of appropriate personnel of the Fed- At the end of subtitle E of title XVI, add tion, signed at Geneva November 24, 2013, by eral Government with purview over each the following: Iran and by France, Germany, the Russian hostage situation described in paragraph (1). SEC. 1664. SENSE OF CONGRESS ON ELECTRO- Federation, the People’s Republic of China, (C) Develop a strategy to keep family MAGNETIC PULSE ATTACKS. the United Kingdom, and the United States, members of hostages described in paragraph (a) FINDINGS.—Congress makes the fol- and all implementing materials and agree- (1) informed of the status of such hostages lowing findings: ments related to the Joint Plan of Action, and inform such family members of updates, (1) An attack on the United States using including the technical understandings procedures, and policies that do not com- an electromagnetic pulse weapon could have reached on January 12, 2014, the extension promise the national security of the United devastating effects on critical infrastructure thereto agreed to on July 18, 2014, and the ex- States. and, over time, could lead to the death of tension thereto agreed to on November 24, (b) LIMITATION ON AUTHORITY.—The author- millions of people of the United States. 2014. ity of the Coordinator shall be limited to (2) The threat of an electromagnetic pulse countries that are state sponsors of ter- attack on United States non-military infra- SA 1760. Mrs. CAPITO submitted an rorism and areas designated as hazardous for structure remains a serious vulnerability for amendment intended to be proposed to which hostile fire and imminent danger pay the United States. amendment SA 1463 proposed by Mr. are payable to members of the Armed Forces (b) SENSE OF CONGRESS.—It is the sense of MCCAIN to the bill H.R. 1735, to author- for duty performed in such area. Congress that— ize appropriations for fiscal year 2016 (c) QUARTERLY REPORT.— (1) the President should ensure that all rel- for military activities of the Depart- (1) IN GENERAL.—On a quarterly basis, the evant Federal agencies have a full under- ment of Defense and for military con- Coordinator shall submit to the appropriate standing of the electromagnetic pulse threat struction, to prescribe military per- congressional committees and the members and are prepared for such a contingency; of Congress described in paragraph (2) a re- (2) the United States Government should sonnel strengths for such fiscal year, port that includes a summary of each hos- formulate and maintain a strategy to pre- and for other purposes; which was or- tage situation described in subsection (a)(1) pare and protect United States infrastruc- dered to lie on the table; as follows: and efforts to secure the release of all hos- ture against electromagnetic pulse events, At the end of part II of subtitle D of title tages in such hostage situation. especially attacks by hostile foreign govern- V, add the following: (2) MEMBERS OF CONGRESS DESCRIBED.—The ments, foreign terrorist organizations, or SEC. 540. PROHIBITION ON USE OF FUNDS TO members of Congress described in this para- transnational criminal organizations; and DISESTABLISH SENIOR RESERVE OF- graph are, with respect to a United States (3) relevant Federal agencies should con- FICERS’ TRAINING CORPS PRO- person hostage covered by a report under duct outreach to educate owners and opera- GRAMS. paragraph (1), the Senators representing the tors of critical infrastructure, emergency No amounts authorized to be appropriated State, and the Member, Delegate, or Resi- planners, and emergency responders at all by this Act may be used to— dent Commissioner of the House of Rep- levels of government about the threat of (1) disestablish, or prepare to disestablish, resentatives representing the district, where electromagnetic pulse attack. a Senior Reserve Officers’ Training Corps a hostage described in subjection (a)(1) reprogram in accordance with Department of sides. SA 1763. Mr. CORNYN submitted an Defense Instruction Number 1215.08, dated (3) FORM OF REPORT.—Each report under amendment intended to be proposed to June 26, 2006; or this subsection may be submitted in classi- amendment SA 1463 proposed by Mr. (2) close, downgrade from host to extension fied or unclassified form. MCCAIN to the bill H.R. 1735, to author- center, or place on probation a Senior Re- (d) RULE OF CONSTRUCTION.—Nothing in ize appropriations for fiscal year 2016 serve Officers’ Training Corps program in ac- this section shall be construed as author- cordance with the information paper of the izing the Federal Government to negotiate for military activities of the Depart- Department of the Army titled ‘‘Army Sen- with a state sponsor of terrorism or an orga- ment of Defense and for military con- ior Reserve Officers Training Corps (SROTC) nization that the Secretary of State has des- struction, to prescribe military per- Program Review and Criteria’’ and dated ignated as a foreign terrorist organization sonnel strengths for such fiscal year,

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.080 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3829 and for other purposes; which was or- SA 1767. Ms. HIRONO submitted an Army that is situated on non-excess land dered to lie on the table; as follows: amendment intended to be proposed to shall be exempt from the requirements of At the end of subtitle F of title VIII, add amendment SA 1463 proposed by Mr. title V of the McKinney-Vento Homeless As- sistance Act (42 U.S.C. 11411 et seq.) upon a the following: MCCAIN to the bill H.R. 1735, to author- determination by the Secretary of the Army SEC. 884. AUTHORITY TO ENTER INTO CON- ize appropriations for fiscal year 2016 TRACTS FOR THE PROVISION OF RE- that— for military activities of the Depart- (1) the property is not feasible to relocate; LOCATION SERVICES. ment of Defense and for military con- The Secretary of Defense may authorize (2) the property is not suitable for public the commander of a military base to enter struction, to prescribe military per- access; and into a contract with an appropriate entity sonnel strengths for such fiscal year, (3) the exemption would facilitate the effi- for the provision of relocation services to and for other purposes; which was or- cient disposal of excess property or result in members of the Armed Forces. dered to lie on the table; as follows: more efficient real property management. At the appropriate place, insert the fol- (b) SUNSET.—The authority under sub- SA 1764. Ms. HIRONO submitted an lowing: section (a) shall expire on September 30, 2017. amendment intended to be proposed to SEC. ll. PAYMENT FOR MARITIME SECURITY SA 1770. Mr. SANDERS submitted an amendment SA 1463 proposed by Mr. FLEET VESSELS. amendment intended to be proposed to MCCAIN to the bill H.R. 1735, to author- (a) PER-VESSEL AUTHORIZATION.—Notwith- amendment SA 1463 proposed by Mr. ize appropriations for fiscal year 2016 standing section 53106(a)(1)(C) of title 46, United States Code, and subject to the avail- MCCAIN to the bill H.R. 1735, to author- for military activities of the Depart- ability of appropriations, there is authorized ize appropriations for fiscal year 2016 ment of Defense and for military con- to be paid to each contractor for an oper- for military activities of the Depart- struction, to prescribe military per- ating agreement (as those terms are used in ment of Defense and for military con- sonnel strengths for such fiscal year, that section) for fiscal year 2016, $5,000,000 for struction, to prescribe military per- and for other purposes; which was or- each vessel that is covered by the operating sonnel strengths for such fiscal year, dered to lie on the table; as follows: agreement. (b) REPEAL OF OTHER AUTHORIZATION.—Sec- and for other purposes; which was or- At the appropriate place, insert the fol- tion 53111(3) of title 46, United States Code, dered to lie on the table; as follows: lowing: is amended by striking ‘‘2016,’’. SEC. ll. FUNDING FOR THE COMPACT OF FREE At the end of subtitle E of title VIII, add (c) FUNDING.—The amount authorized to be the following: ASSOCIATION WITH THE REPUBLIC appropriated for expenses to maintain and OF PALAU. SEC. 884. ANNUAL REPORT ON DEFENSE CON- preserve a United States-flag merchant ma- Notwithstanding any other provision of TRACTING FRAUD. rine to serve the national security needs of law, there are hereby authorized such sums (a) ANNUAL STUDY AND REPORT.—The Sec- the United States under chapter 531 of title as necessary, for fiscal years 2016 through retary of Defense shall conduct an annual 46, United States Code, is hereby increased 2023, to fully fund the compact of free asso- study on defense contracting fraud and sub- by $114,000,000. ciation between the United States and the mit a report containing the findings of such Republic of Palau. SA 1768. Ms. HIRONO submitted an study to the congressional defense commit- amendment intended to be proposed to tees. SA 1765. Ms. HIRONO submitted an (b) REPORT CONTENTS.—The report required amendment intended to be proposed to amendment SA 1463 proposed by Mr. under subsection (a) shall include with re- amendment SA 1463 proposed by Mr. MCCAIN to the bill H.R. 1735, to author- spect to the most recent reporting period the ize appropriations for fiscal year 2016 MCCAIN to the bill H.R. 1735, to author- following elements: ize appropriations for fiscal year 2016 for military activities of the Depart- (1) An assessment of the total value of De- ment of Defense and for military con- partment of Defense contracts entered into for military activities of the Depart- to with contractors that have been indicted ment of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, for, settled charges of, been fined by any struction, to prescribe military per- Federal department or agency for, or been and for other purposes; which was or- sonnel strengths for such fiscal year, convicted of fraud in connection with any and for other purposes; which was ordered to lie on the table; as follows: contract or other transaction entered into dered to lie on the table; as follows: At the appropriate place, insert the fol- with the Federal Government. lowing: At the appropriate place, insert the fol- (2) Recommendations by the Inspector SEC. ll. DOMESTIC VIOLENCE COORDINATED lowing: General of the Department of Defense or COMMUNITY RESPONSE. other appropriate Department of Defense of- SEC. ll. MARITIME SECURITY PROGRAM FUND- For each State or local community in ficial regarding how to penalize contractors ING. which military families comprise at least 10 repeatedly involved in fraud in connection There is authorized to be appropriated for percent of the total population, the Sec- expenses to maintain and preserve a United with contracts or other transactions entered retary of Defense shall work to provide a into with the Federal Government, including States-flag merchant marine to serve the na- military-civilian coordinated community re- tional security needs of the United States an update on implementation by the Depart- sponse, that includes coordination with ment of any previous such recommendations. under chapter 531 of title 46, United States State and local law enforcement, the Family Code, $300,000,000. Advocacy Program of the Department of De- SA 1771. Mr. SANDERS submitted an fense, and non-profit civilian service pro- SA 1766. Ms. HIRONO submitted an amendment intended to be proposed to viders, to ensure that military families expe- amendment SA 1463 proposed by Mr. amendment intended to be proposed to riencing domestic violence receive appro- amendment SA 1463 proposed by Mr. priate services from either military or civil- MCCAIN to the bill H.R. 1735, to author- MCCAIN to the bill H.R. 1735, to author- ian service providers. ize appropriations for fiscal year 2016 ize appropriations for fiscal year 2016 for military activities of the Depart- for military activities of the Depart- SA 1769. Mr. KING (for himself and ment of Defense and for military con- ment of Defense and for military con- Mr. CARPER) submitted an amendment struction, to prescribe military per- struction, to prescribe military per- intended to be proposed to amendment sonnel strengths for such fiscal year, sonnel strengths for such fiscal year, SA 1463 proposed by Mr. MCCAIN to the and for other purposes; which was or- and for other purposes; which was or- bill H.R. 1735, to authorize appropria- dered to lie on the table; as follows: dered to lie on the table; as follows: tions for fiscal year 2016 for military At the end of subtitle G of title X, add the At the appropriate place, insert the fol- activities of the Department of Defense following: lowing: and for military construction, to pre- SEC. 1085. REINSTATEMENT OF OVERNIGHT SERVICE STANDARDS. SEC. ll. REMOVAL OF UNEXPLODED ORDNANCE scribe military personnel strengths for FROM THE ISLAND OF KAHOOLAWE. such fiscal year, and for other pur- During the 2-year period beginning on the The Secretary of Defense shall work with poses; which was ordered to lie on the date of enactment of this Act, the United the appropriate officials of the State of Ha- table; as follows: States Postal Service shall apply the service waii and the Kahoolawe Island Reserve Com- standards for first-class mail and periodicals At the end of subtitle B of title XXVIII, under part 121 of title 39, Code of Federal mission to explore options to restore funding add the following: for the removal and remediation of Regulations, that were in effect on July 1, SEC. 2815. EXEMPTION OF ARMY OFF-SITE USE 2012. unexploded ordnance on the island of ONLY NON-MOBILE PROPERTIES Kahoolawe to ensure safety on Kahoolawe. FROM CERTAIN EXCESS PROPERTY Such options may include training through DISPOSAL REQUIREMENTS. SA 1772. Ms. WARREN (for herself the Innovative Readiness Training Program (a) IN GENERAL.—Excess or unutilized or and Mr. MARKEY) submitted an amend- for the removal of unexploded ordnance. underutilized non-mobile property of the ment intended to be proposed to

VerDate Sep 11 2014 05:21 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.080 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3830 CONGRESSIONAL RECORD — SENATE June 4, 2015 amendment SA 1463 proposed by Mr. of retired pay under section 1450(e) of title disposable retired pay of that member or MCCAIN to the bill H.R. 1735, to author- 10, United States Code, shall not be required former member (as certified under paragraph ize appropriations for fiscal year 2016 to repay such refund to the United States. (4)) to an eligible spouse or former spouse of for military activities of the Depart- (d) REPEAL OF AUTHORITY FOR OPTIONAL that member or former member, the Sec- ANNUITY FOR DEPENDENT CHILDREN.—Section retary concerned, beginning upon effective ment of Defense and for military con- 1448(d) of such title is amended— service of such court order, shall pay that struction, to prescribe military per- (1) in paragraph (1), by striking ‘‘Except as amount in accordance with this subsection sonnel strengths for such fiscal year, provided in paragraph (2)(B), the Secretary to such spouse or former spouse. and for other purposes; which was or- concerned’’ and inserting ‘‘The Secretary ‘‘(B) If, in the case of a member or former dered to lie on the table; as follows: concerned’’; and member of the armed forces referred to in paragraph (2)(A), a court order provides for At the end of subtitle E of title VIII, add (2) in paragraph (2)— the payment as child support of an amount the following: (A) by striking ‘‘DEPENDENT CHILDREN.—’’ and all that follows through ‘‘In the case of from the disposable retired pay of that mem- SEC. 844. SENSE OF CONGRESS ON BERRY-COM- a member described in paragraph (1),’’ and ber or former member (as certified under PLIANT FOOTWEAR. paragraph (4)) to an eligible dependent child It is the sense of Congress that the Depart- inserting ‘‘DEPENDENT CHILDREN ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the of the member or former member, the Sec- ment of Defense should, not later than 30 retary concerned, beginning upon effective days after the date of the enactment of this case of a member described in paragraph (1),’’; and service of such court order, shall pay that Act, expedite the purchase of and avail- amount in accordance with this subsection ability to enlisted initial entrants of the (B) by striking subparagraph (B). (e) RESTORATION OF ELIGIBILITY FOR PRE- to such dependent child. United States Armed Forces, either as an in- ‘‘(2) A spouse or former spouse, or a de- kind issue or by cash allowance, such Berry VIOUSLY ELIGIBLE SPOUSES.—The Secretary of the military department concerned shall pendent child, of a member or former mem- Amendment-compliant athletic footwear as ber of the armed forces is eligible to receive has been qualified for use during initial en- restore annuity eligibility to any eligible surviving spouse who, in consultation with payment under this subsection if— trant training to the exclusion of similar ‘‘(A) the member or former member, while non-Berry-compliant footwear. the Secretary, previously elected to transfer payment of such annuity to a surviving child a member of the armed forces and after becoming eligible to be retired from the armed SA 1773. Mr. NELSON submitted an or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, forces on the basis of years of service, has amendment intended to be proposed to eligibility to receive retired pay terminated amendment SA 1463 proposed by Mr. as in effect on the day before the effective date provided under subsection (f). Such eli- as a result of misconduct while a member MCCAIN to the bill H.R. 1735, to author- gibility shall be restored whether or not pay- (other than misconduct described in sub- ize appropriations for fiscal year 2016 ment to such child or children subsequently section (h)(2)(A)); for military activities of the Depart- was terminated due to loss of dependent sta- ‘‘(B) in the case of eligibility of a spouse or ment of Defense and for military con- tus or death. For the purposes of this sub- former spouse under paragraph (1)(A), the section, an eligible spouse includes a spouse spouse or former spouse— struction, to prescribe military per- ‘‘(i) either— sonnel strengths for such fiscal year, who was previously eligible for payment of such annuity and is not remarried, or remar- ‘‘(I) was married to the member or former and for other purposes; which was or- member at the time of the misconduct that dered to lie on the table; as follows: ried after having attained age 55, or whose second or subsequent marriage has been ter- resulted in the termination of retired pay; or At the end of part II of subtitle D of title minated by death, divorce or annulment. ‘‘(II) was is receipt of marital support, ali- mony, or child support from the member or VI, add the following: (f) EFFECTIVE DATE.—The sections and the SEC. 643. REPEAL OF REQUIREMENT OF REDUC- amendments made by this section shall take former member as of the time of the mis- TION OF SURVIVOR BENEFITS PLAN effect on the later of— conduct pursuant to a court order; and SURVIVOR ANNUITIES BY DEPEND- (1) the first day of the first month that be- ‘‘(ii) was not, based on the evidence ad- ENCY AND INDEMNITY COMPENSA- duced at trial, an aider, abettor, accomplice, TION. gins after the date of the enactment of this Act; or or co-conspirator in the misconduct that re- (a) REPEAL.— (2) the first day of the fiscal year that be- sulted in the termination of retired pay, as (1) IN GENERAL.—Subchapter II of chapter certified in writing to the convening author- 73 of title 10, United States Code, is amended gins in the calendar year in which this Act is enacted. ity by— as follows: ‘‘(I) the military judge of the court-martial (A) In section 1450, by striking subsection SA 1774. Ms. AYOTTE submitted an that resulted in the termination of retired (c). pay; or (B) In section 1451(c)— amendment intended to be proposed to ‘‘(II) the staff judge advocate of the con- (i) by striking paragraph (2); and amendment SA 1463 proposed by Mr. vening authority; and (ii) by redesignating paragraphs (3) and (4) MCCAIN to the bill H.R. 1735, to author- ‘‘(C) in the case of eligibility of a depend- as paragraphs (2) and (3), respectively. ize appropriations for fiscal year 2016 ent child under paragraph (1)(B), the depend- (2) CONFORMING AMENDMENTS.—Such sub- for military activities of the Depart- ent child— chapter is further amended as follows: ment of Defense and for military con- ‘‘(i) had not reached the age of 16 years at (A) In section 1450— struction, to prescribe military per- the time of the misconduct that resulted in (i) by striking subsection (e); sonnel strengths for such fiscal year, the termination of retired pay; or (ii) by striking subsection (k); and ‘‘(ii) had reached the age of 16 years at the (iii) by striking subsection (m). and for other purposes; which was or- time of the misconduct and was not, based (B) In section 1451(g)(1), by striking sub- dered to lie on the table; as follows: on the evidence adduced at trial, an aider, paragraph (C). At the end of part II of subtitle D of title abettor, accomplice, or co-conspirator in the (C) In section 1452— VI, add the following: misconduct that resulted in the termination (i) in subsection (f)(2), by striking ‘‘does SEC. 643. BENEFITS FOR DEPENDENTS OF MEM- of retired pay, as certified in writing to the not apply—’’ and all that follows and insert- BERS OF THE ARMED FORCES WHO convening authority by— ing ‘‘does not apply in the case of a deduc- LOSE THEIR RIGHT TO RETIRED PAY ‘‘(I) the military judge of the court-martial tion made through administrative error.’’; FOR REASONS OTHER THAN DE- that resulted in the termination of retired and PENDENT ABUSE. pay; or (ii) by striking subsection (g). (a) SHORT TITLE.—This section may be ‘‘(II) the staff judge advocate of the con- (D) In section 1455(c), by striking ‘‘, cited as the ‘‘Families Serve, Too, Military vening authority. 1450(k)(2),’’. Justice Reform Act of 2015’’. ‘‘(3) The amount certified by the Secretary (b) PROHIBITION ON RETROACTIVE BENE- (b) IN GENERAL.—Section 1408 of title 10, concerned under paragraph (4) with respect FITS.—No benefits may be paid to any person United States Code, is amended— to a member or former member of the armed for any period before the effective date pro- (1) by redesignating subsections (i), (j), and forces referred to in paragraph (2)(A) shall be vided under subsection (f) by reason of the (k) as subsections (j), (k), and (l), respec- deemed to be the disposable retired pay of amendments made by subsection (a). tively; and that member or former member for the pur- (c) PROHIBITION ON RECOUPMENT OF CERTAIN (2) by inserting after subsection (h) the fol- poses of this subsection. AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- lowing new subsection (i): ‘‘(4) Upon the request of a court or an eligi- CIPIENTS.—A surviving spouse who is or has ‘‘(i) BENEFITS FOR DEPENDENTS OF MEM- ble spouse or former spouse, or an eligible been in receipt of an annuity under the Sur- BERS LOSING RIGHT TO RETIRED PAY FOR MIS- dependent child, of a member or former vivor Benefit Plan under subchapter II of CONDUCT OTHER THAN DEPENDENT ABUSE.— member of the armed forces referred to in chapter 73 of title 10, United States Code, (1)(A) If, in the case of a member or former paragraph (2)(A) in connection with a civil that is in effect before the effective date pro- member of the armed forces referred to in action for the issuance of a court order in vided under subsection (f) and that is ad- paragraph (2)(A), a court order provides (in the case of that member or former member, justed by reason of the amendments made by the manner applicable to a division of prop- the Secretary concerned shall determine and subsection (a) and who has received a refund erty) for the payment of an amount from the certify the amount of the monthly retired

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.078 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3831 pay that the member or former member amendment SA 1463 proposed by Mr. ‘‘(2) The Secretary of Homeland Security would have been entitled to receive as of the MCCAIN to the bill H.R. 1735, to author- shall rescind the lawful permanent resident date of the certification— ize appropriations for fiscal year 2016 status of a person whose status was adjusted ‘‘(A) if the member or former member’s eli- for military activities of the Depart- under paragraph (1) if the person is separated gibility for retired pay had not been termi- from the armed forces under other than hon- nated as described in paragraph (2)(A); and ment of Defense and for military con- orable conditions before the person served ‘‘(B) if, in the case of a member or former struction, to prescribe military per- for a period or periods aggregating five member not in receipt of retired pay imme- sonnel strengths for such fiscal year, years. Such grounds for rescission are in ad- diately before that termination of eligibility and for other purposes; which was or- dition to any other provided by law. The fact for retired pay, the member or former mem- dered to lie on the table; as follows: that the person was separated from the ber had retired on the effective date of that At the end of subtitle G of title X, add the armed forces under other than honorable termination of eligibility. following: conditions shall be proved by a duly authen- ‘‘(5)(A) Paragraphs (5) through (8) and (10) ticated certification from the armed force in SEC. 1085. REQUIREMENT THAT THE INSPECTOR of subsection (h) shall apply to eligibility of GENERAL OF THE DEPARTMENT OF which the person last served. The service of former spouses to payments under this sub- VETERANS AFFAIRS POST REPORTS the person in the armed forces shall be section, court orders for the payment of dis- ON THE INTERNET WEBSITE OF THE proved by duly authenticated copies of the posable retired pay under this subsection, INSPECTOR GENERAL. service records of the person. amounts payable under this subsection, and Section 312 of title 38, United States Code, ‘‘(3) Nothing in this subsection shall be payments under this subsection in the same is amended by adding at the end the fol- construed to alter the process prescribed by manner as such paragraphs apply to such lowing new subsection: sections 328, 329, and 329A of the Immigration matters under subsection (h). ‘‘(c)(1) Whenever the Inspector General and Nationality Act (8 U.S.C. 1439, 1440, 1440– ‘‘(B) If a spouse or former spouse or a de- submits to the Secretary a report or audit 1) by which a person may naturalize through pendent child eligible or entitled to receive (or any portion of any report or audit) in service in the armed forces.’’. payments under this subsection is eligible or final form, the Inspector General shall, not (c) CLERICAL AMENDMENTS.— entitled to receive benefits under subsection later than 3 days after such submittal, post (1) SECTION HEADING.—The heading of such (h), the eligibility or entitlement of that such report or audit (or portion of report or section is amended to read as follows: spouse or former spouse or dependent child audit), as the case may be, on the Internet ‘‘§ 504. Persons not qualified; citizenship or to such benefits shall be determined under website of the Inspector General. residency requirements; exceptions’’. subsection (h) instead of this subsection. ‘‘(2) Nothing in this subsection shall be (2) TABLE OF SECTIONS.—The table of sec- ‘‘(6)(A) A spouse or former spouse of a construed to authorize the public disclosure tions at the beginning of chapter 31 of such member or former member of the armed of information that is prohibited from dis- title is amended by striking the item relat- forces referred to in paragraph (2)(A), while closure by any other provision of law.’’. ing to section 504 and inserting the following receiving payments in accordance with this new item: subsection, shall be entitled to receive med- SA 1776. Mr. KIRK submitted an ical and dental care, to use commissary and amendment intended to be proposed to ‘‘504. Persons not qualified; citizenship or exchange stores, and to receive any other amendment SA 1463 proposed by Mr. residency requirements; exceptions.’’. benefit that a spouse or a former spouse of a MCCAIN to the bill H.R. 1735, to author- retired member of the armed forces is enti- ize appropriations for fiscal year 2016 SEC. 525. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND tled to receive on the basis of being a spouse for military activities of the Depart- or former spouse, as the case may be, of a re- CIVICS, GOOD MORAL CHARACTER, tired member of the armed forces in the ment of Defense and for military con- AND HONORABLE SERVICE AND DIS- struction, to prescribe military per- CHARGE REQUIREMENTS FOR NATU- same manner as if the member or former RALIZATION. member referred to in paragraph (2)(A) was sonnel strengths for such fiscal year, (a) IMMIGRATION AND NATIONALITY ACT.— entitled to retired pay. and for other purposes; which was or- The Immigration and Nationality Act (8 ‘‘(B) A dependent child of a member or dered to lie on the table; as follows: U.S.C. 1101 et seq.) is amended by inserting former member referred to in paragraph At the end of subtitle C of title V, add the after section 329A (8 U.S.C. 1440–1) the fol- (2)(A) who was a member of the household of following: lowing: the member or former member at the time of SEC. 524. QUALIFICATIONS FOR ENLISTMENT IN the misconduct described in paragraph (2)(A) ‘‘SEC. 329B. PERSONS WHO HAVE RECEIVED AN THE ARMED FORCES. AWARD FOR ENGAGEMENT IN AC- shall be entitled to receive medical and den- (a) ADDITIONAL QUALIFIED PERSONS.—Para- TIVE COMBAT OR ACTIVE PARTICI- tal care, to use commissary and exchange graph (1) of subsection (b) of section 504 of PATION IN COMBAT. stores, and to have other benefits provided to title 10, United States Code, is amended— ‘‘(a) IN GENERAL.— dependents of retired members of the armed (1) by redesignating subparagraph (C) as ‘‘(1) IN GENERAL.—For purposes of natu- forces in the same manner as if the member subparagraph (E); and ralization and continuing citizenship under or former member referred to in paragraph (2) by inserting after subparagraph (B) the the following provisions of law, a person who (2)(A) was entitled to retired pay. following new subparagraphs: has received an award described in sub- ‘‘(C) If a spouse or former spouse or a de- ‘‘(C) A person who, at the time of enlist- section (b) shall be treated— pendent child eligible or entitled to receive a ment in an armed force, has resided continu- ‘‘(A) as having satisfied the requirements particular benefit under this paragraph is el- ously in a lawful status in the United States under sections 312(a) and 316(a)(3), and sub- igible or entitled to receive that benefit for at least two years. sections (b)(3), (c), and (e) of section 328; and under another provision of law, the eligi- ‘‘(D) A person who, at the time of enlist- ‘‘(B) except as provided in paragraph (2), bility or entitlement of that spouse or ment in an armed force, possesses an em- under sections 328 and 329— former spouse or dependent child to such ployment authorization document issued by ‘‘(i) as having served honorably in the benefit shall be determined under such other United States Citizenship and Immigration Armed Forces for (in the case of section 328) provision of law instead of this paragraph. Services under the requirements of the De- a period or periods aggregating 1 year; and ‘‘(7) In this subsection, the term ‘depend- partment of Homeland Security policy enti- ‘‘(ii) if separated from such service, as hav- ent child’, with respect to a member or tled ‘Deferred Action for Childhood Arrivals’ ing been separated under honorable condi- former member of the armed forces referred (DACA).’’. tions. to in paragraph (2)(A), has the meaning given (b) ADMISSION TO PERMANENT RESIDENCE OF ‘‘(2) REVOCATION.—Notwithstanding para- that term in subsection (h)(11).’’. CERTAIN ENLISTEES.—Such section is further graph (1)(B), any person who separated from (c) CONFORMING AMENDMENTS.—Subsection amended by adding at the end the following the Armed Forces under other than honor- (f) of such section is amended by striking new subsection: able conditions may be subject to revocation ‘‘subsection (i)’’ each place it appears and in- ‘‘(c) ADMISSION TO PERMANENT RESIDENCE of citizenship under section 328(f) or 329(c) if serting ‘‘subsection (j)’’. OF CERTAIN ENLISTEES.—(1) A person de- the other requirements under such section (d) EFFECTIVE DATE.—The amendments scribed in subsection (b) who, at the time of are met. made by this section shall take effect on the enlistment in an armed force, is not a citizen ‘‘(b) APPLICATION.—This section shall apply date of the enactment of this Act, and shall or other national of the United States or with respect to the following awards from apply to a spouse or former spouse, or a de- lawfully admitted for permanent residence the Armed Forces of the United States: pendent child of a member or former member shall be adjusted to the status of an alien ‘‘(1) The Combat Infantryman Badge from of the Armed Forces whose eligibility to re- lawfully admitted for permanent residence the Army. ceive retired pay is terminated on or after under the provisions of section 249 of the Im- ‘‘(2) The Combat Medical Badge from the that date as a result of misconduct while a migration and Nationality Act (8 U.S.C. Army. member. 1259), except that the alien need not— ‘‘(3) The Combat Action Badge from the ‘‘(A) establish that he or she entered the Army. SA 1775. Mr. JOHNSON (for himself United States prior to January 1, 1972; and ‘‘(4) The Combat Action Ribbon from the and Mr. KIRK) submitted an amend- ‘‘(B) comply with section 212(e) of such Act Navy, the Marine Corps, or the Coast Guard. ment intended to be proposed to (8 U.S.C. 1182(e)). ‘‘(5) The Air Force Combat Action Medal.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.078 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3832 CONGRESSIONAL RECORD — SENATE June 4, 2015 ‘‘(6) Any other award that the Secretary of the House of Representatives a report set- (4) the total usage rates, including by type Defense determines to be an equivalent ting forth the policy developed pursuant to of service, for each space and type of space. award for engagement in active combat or subsection (a).’’. SEC. 5202. IDENTIFYING BILATERAL INVESTMENT active participation in combat.’’. TREATY OPPORTUNITIES. (b) CLERICAL AMENDMENT.—The table of SA 1780. Mr. CORKER (for himself Not later than 180 days after the date of contents of such Act (8 U.S.C. 1101 et seq.) is and Mr. CARDIN) submitted an amend- the enactment of this Act, the Secretary of amended by inserting after the item relating ment intended to be proposed to State, in consultation with the United to section 329A the following: amendment SA 1463 proposed by Mr. States Trade Representative, shall submit a ‘‘Sec. 329B. Persons who have received an MCCAIN to the bill H.R. 1735, to author- report to the appropriate congressional com- award for engagement in active ize appropriations for fiscal year 2016 mittees that includes a detailed description combat or active participation of— in combat.’’. for military activities of the Depart- (1) the status of all ongoing investment ment of Defense and for military con- treaty negotiations, including a strategy and SA 1777. Mr. DAINES submitted an struction, to prescribe military per- timetable for concluding each such negotia- amendment intended to be proposed to sonnel strengths for such fiscal year, tion; amendment SA 1463 proposed by Mr. and for other purposes; which was or- (2) a strategy to expand the investment MCCAIN to the bill H.R. 1735, to author- dered to lie on the table; as follows: treaty agenda, including through— ize appropriations for fiscal year 2016 At the end of bill, add the following: (A) launching new investment treaty nego- for military activities of the Depart- tiations with foreign partners that are cur- DIVISION E—DEPARTMENT OF STATE rently capable of entering in such negotia- ment of Defense and for military con- AUTHORIZATIONS tions; and struction, to prescribe military per- SEC. 5001. SHORT TITLE. (B) building the capacity of foreign part- sonnel strengths for such fiscal year, This division may be cited as the ‘‘Depart- ners to enter into such negotiations, includ- and for other purposes; which was or- ment of State Operations Authorization and ing by encouraging the adoption of best prac- dered to lie on the table; as follows: Embassy Security Act, Fiscal Year 2016’’. tices with respect to investment; and On page 213, between lines 9 and 10, insert SEC. 5002. DEFINITIONS. (3) any resources that will be needed, in- the following: In this division: cluding anticipated staffing levels— PPROPRIATE CONGRESSIONAL COMMIT (3) PRESERVATION OF CURRENT BAH FOR CER- (1) A - (A) to conclude all ongoing negotiations TEES TAIN OTHER MARRIED MEMBERS.—Notwith- .—The term ‘‘appropriate congressional described in paragraph (1); standing paragraph (1), the amount of basic committees’’ means— (B) to launch new investment treaty nego- allowance for housing payable to a member (A) the Committee on Foreign Relations of tiations, as described in paragraph (2)(A); of the uniformed services under section 403 of the Senate; and title 37, United States Code, as of September (B) the Committee on Appropriations of (C) to build the capacity of foreign part- 30, 2015, shall not be reduced by reason of the the Senate; ners, as described in paragraph (2)(B). amendment made by subsection (a) unless— (C) the Committee on Foreign Affairs of SEC. 5203. REINSTATEMENT OF HONG KONG RE- (A) the member and the member’s spouse the House of Representatives; and PORT. undergo a permanent change of station; (D) the Committee on Appropriations of (a) IN GENERAL.—Not later than 90 days (B) the member and the member’s spouse the House of Representatives. after the date of the enactment of this Act, move into or commence living in on-base (2) DEPARTMENT.—The term ‘‘Department’’ and annually thereafter through 2020, the housing; or means the Department of State. Secretary shall submit the report required (C) the member and the member’s spouse (3) PEACEKEEPING CREDITS.—The term under section 301 of the United States-Hong change residence from the residence as of ‘‘peacekeeping credits’’ means the amounts Kong Policy Act of 1992 (22 U.S.C. 5731) to the that date. by which United States assessed peace- appropriate congressional committees. keeping contributions exceed actual expendi- (b) PUBLIC DISCLOSURE.—The report sub- SA 1778. Mr. BURR (for himself and tures, apportioned to the United States, of mitted under subsection (a) should be unclas- Mrs. FEINSTEIN) submitted an amend- peacekeeping operations by the United Na- sified and made publicly available, including ment intended to be proposed to tions during a United Nations peacekeeping through the Department’s public website. fiscal year. amendment SA 1463 proposed by Mr. SEC. 5204. UNITED STATES-CHINA STRATEGIC (4) SECRETARY.—The term ‘‘Secretary’’ AND ECONOMIC DIALOGUE REVIEW. MCCAIN to the bill H.R. 1735, to author- means the Secretary of State. (a) IN GENERAL.—Not later than 180 days ize appropriations for fiscal year 2016 TITLE I—AUTHORIZATION OF after the date of the enactment of this Act, for military activities of the Depart- APPROPRIATIONS the Secretary, in coordination with the Sec- ment of Defense and for military con- SEC. 5101. ADMINISTRATION OF FOREIGN AF- retary of the Treasury, and in consultation struction, to prescribe military per- FAIRS. with other appropriate departments and sonnel strengths for such fiscal year, SEC. 5102. CONTRIBUTIONS TO INTERNATIONAL agencies, shall— and for other purposes; which was or- ORGANIZATIONS. (1) conduct a review of the United States- SEC. 5103. CONTRIBUTIONS FOR INTERNATIONAL China Strategic and Economic Dialogue (re- dered to lie on the table; as follows: PEACEKEEPING ACTIVITIES. ferred to in this section as the ‘‘Dialogue’’); On page 607, strike ‘‘submit to the congres- TITLE II—DEPARTMENT OF STATE and sional defense committees’’ and insert ‘‘, in AUTHORITIES AND ACTIVITIES (2) and submit a report to the appropriate consultation with the Director of National Subtitle A—Basic Authorities and Activities congressional committees that contains the Intelligence, submit to the congressional de- SEC. 5201. AMERICAN SPACES REVIEW. findings of such review. fense committees, the Select Committee on Not later than 180 days after the date of (b) CONTENT OF REPORT.—The report de- Intelligence of the Senate, and the Perma- the enactment of this Act, the Secretary scribed in subsection (a) shall include— nent Select Committee on Intelligence of the shall submit a report to the appropriate con- (1) a list of all commitments agreed to by House of Representatives’’. gressional committees that includes— the United States and China at each of the SA 1779. Mr. BURR (for himself and (1) the full costs incurred by the Depart- first 6 rounds of meetings; ment to provide American Spaces, includ- (2) an assessment of the status of each Mrs. FEINSTEIN) submitted an amending— commitment agreed to by the United States ment intended to be proposed to (A) American Centers, American Corners, and China at each of the first 6 rounds of amendment SA 1463 proposed by Mr. Binational Centers, Information Resource meetings, including a detailed description MCCAIN to the bill H.R. 1735, to author- Centers, and Science Centers; and of— ize appropriations for fiscal year 2016 (B) the total costs of all associated— (A) any actions that have been taken with for military activities of the Depart- (i) employee salaries, including foreign respect to such commitments; ment of Defense and for military con- service, American civilian, and locally em- (B) any aspects of such commitments that struction, to prescribe military per- ployed staff; remain unfulfilled; and (ii) programming expenses; (C) any actions that remain necessary to sonnel strengths for such fiscal year, (iii) operating expenses; fulfill any unfulfilled commitments de- and for other purposes; which was or- (iv) contracting expenses; and scribed in subparagraph (B); dered to lie on the table; as follows: (v) security expenses; (3) an assessment of the effectiveness of On page 682, beginning on line 8, strike (2) a breakdown of the total costs described the Dialogue in achieving and fulfilling sig- ‘‘Committees’’ and all that follows through in paragraph (1) by each space and type of nificant commitments on United States pri- line 11 and insert the following: ‘‘Committee space; orities in the bilateral relationship includ- on Armed Services and the Select Com- (3) the total fees collected for entry to, or ing— mittee on Intelligence of the Senate and the the use of, American Spaces and related re- (A) the security situation in the East and Committee on Armed Services and the Per- sources, including a breakdown by the type South China Seas, including a peaceful reso- manent Select Committee on Intelligence of of fee for each space and type of space; and lution of maritime disputes in the region;

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.078 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3833 (B) denuclearization of the Korean Penin- SEC. 5209. SCIENCE AND TECHNOLOGY FELLOW- not so controlled are being imported into the sula; SHIPS. United States, the President shall submit a (C) cyber theft of United States intellec- Section 504 of the Foreign Relations Au- semi-annual report to Congress that explains tual property; thorization Act, Fiscal Year 1979 (22 U.S.C. what actions have been taken by the United (D) the treatment of political dissidents, 2656d) is amended by adding at the end the States or such country since the previous re- media representatives, and ethnic and reli- following: port to ensure that diamonds, the expor- gious minorities; ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS tation of which was not controlled through (E) reciprocal treatment of United States RELATED TO SCIENCE AND TECHNOLOGY FEL- the Kimberley Process Certification Scheme, journalists and academics in China, includ- LOWSHIP PROGRAMS.— are not being imported from that country ing issuance of visas; ‘‘(1) IN GENERAL.—The Secretary is author- into the United States. A country shall be (F) expanding investment and trade oppor- ized to provide grants or enter into coopera- included in the report required under this tunities for United States businesses; tive agreements for science and technology section until the country is controlling the (G) repatriation of North Korean refugees fellowship programs of the Department of importation and exportation of rough dia- from China to North Korea; and State. monds through the Kimberley Process Cer- (H) promoting and protecting rule of law ‘‘(2) RECRUITMENT; STIPENDS.—Assistance tification Scheme.’’. authorized under paragraph (1) may be and democratic institutions in Hong Kong; Subtitle B—Additional Matters and used— (4) recommendations for enhancing the ef- ‘‘(A) to recruit fellows; and SEC. 5221. ATROCITIES PREVENTION BOARD. fectiveness of the Dialogue in achieving and ‘‘(B) to pay stipends, travel, and other ap- (a) ESTABLISHMENT.—The President is au- fulfilling significant commitments on United propriate expenses to fellows. thorized to establish, within the Executive States priorities described in paragraph (3), ‘‘(3) CLASSIFICATION OF STIPENDS.—Stipends Office of the President, an Interagency including consideration of the use of pre-de- paid under paragraph (2)(B) shall not be con- Atrocities Prevention Board (referred to in termined benchmarks for assessing whether sidered compensation for purposes of section this section as the ‘‘Board’’). the commitments achieved are significantly 209 of title 18, United States Code. (b) DUTIES.—The Board is authorized— furthering such priorities. ‘‘(4) LIMITATION.—The total amount of as- (1) to coordinate an interagency approach SEC. 5205. REPORT ON HUMAN RIGHTS VIOLA- sistance provided under this subsection may to preventing mass atrocities; TIONS IN BURMA. not exceed $500,000 in any fiscal year.’’. (2)(A) to propose policies to integrate the Not later than 180 days after the date of SEC. 5210. NAME CHANGES. early warning systems of national security the enactment of this Act, the Secretary (a) PUBLIC LAW 87–195.—Section 607(d) of agencies, including intelligence agencies, shall submit a report to the Committee on the Foreign Assistance Act of 1961 (22 U.S.C. with respect to incidents of mass atrocities; Foreign Relations of the Senate and the 2357(d)) is amended by striking ‘‘Assistant and Committee on Foreign Affairs of the House Secretary of State for Oceans and Inter- (B) to coordinate the policy response to of Representatives that— national Environmental and Scientific Af- such incidents; (1) describes in detail all known widespread fairs’’ and inserting ‘‘Assistant Secretary of (3) to identify relevant Federal agencies, or systematic civil or political rights viola- State for Oceans, Environment, and which shall track and report on Federal tions, including violations that may con- Science’’. funding spent on atrocity prevention efforts; stitute crimes against humanity against eth- (b) PUBLIC LAW 88–206.—Section 617(a) of (4) to oversee the development and imple- nic, racial, or religious minorities in Burma, the Clean Air Act (42 U.S.C. 7671p(a)) is mentation of comprehensive atrocities pre- including the Rohingya people; and amended by striking ‘‘Assistant Secretary of vention and response strategies; (2) provides recommendations for holding State for Oceans and International Environ- (5) to identify available resources and pol- perpetrators of the violations described in mental and Scientific Affairs’’ and inserting icy options necessary to prevent the emer- paragraph (1) accountable for their actions. ‘‘Assistant Secretary of State for Oceans, gence or escalation of mass atrocities; SEC. 5206. COMBATING ANTI-SEMITISM. Environment, and Science’’. (6) to identify and propose policies to close Of the amount authorized to be appro- (c) PUBLIC LAW 93–126.—Section 9(a) of the gaps in expertise, readiness, and planning for priated for Diplomatic and Consular Pro- Department of State Appropriations Author- atrocities prevention and early action across grams, $500,000 shall be made available to the ization Act of 1973 (22 U.S.C. 2655a) is amend- Federal agencies, including training for em- Bureau for Democracy, Human Rights, and ed— ployees at relevant Federal agencies; Labor to support efforts by American and (1) by striking ‘‘Bureau of Oceans and (7) to engage relevant civil society and European Jewish and other civil society or- International Environmental and Scientific nongovernmental organization stakeholders ganizations, focusing on youth, to combat Affairs’’ and inserting ‘‘Bureau of Oceans, in regular consultations to solicit current in- anti-Semitism and other forms of religious, Environment, and Science’’; and formation on countries of concern; and ethnic, or racial intolerance in Europe. (2) by striking ‘‘Assistant Secretary of (8) to conduct an atrocity-specific expert SEC. 5207. BIOTECHNOLOGY GRANTS. State for Oceans and International Environ- review of policy and programming of all Title I of the State Department Basic Au- mental and Scientific Affairs’’ and inserting countries at risk for mass atrocities. thorities Act of 1956 (22 U.S.C. 2651a et seq.), ‘‘Assistant Secretary of State for Oceans, (c) LEADERSHIP.— is amended by adding at the end the fol- Environment, and Science’’. (1) IN GENERAL.—The Board shall be headed lowing: (d) PUBLIC LAW 106–113.—Section 1112(a) of by a Senior Director, who— the Admiral James W. Nance and Meg Dono- ‘‘SEC. 63. BIOTECHNOLOGY GRANTS AUTHOR- (A) shall be appointed by the President; IZED. van Foreign Relations Authorization Act, and Fiscal Years 2000 and 2001 (22 U.S.C. 2652c(a)) ‘‘(a) IN GENERAL.—The Secretary of State (B) shall report to the Assistant to the is authorized to support, through grants, co- is amended by striking ‘‘Verification and President for National Security Affairs. Compliance.’’ and inserting ‘‘Arms Control, operative agreements, contracts, outreach, (2) RESPONSIBILITIES.—The Senior Director and public diplomacy activities, activities Verification, and Compliance (referred to in shall have primary responsibility for— promoting the benefits of agricultural bio- this section as the ‘Assistant Secretary’).’’. (A) recommending and promoting United technology, biofuels, science-based regu- SEC. 5211. ANTI-PIRACY INFORMATION SHARING. States Government policies on preventing latory systems, and the application of such The Secretary is authorized to provide for mass atrocities; and technologies for trade and development. the participation of the United States in the (B) carrying out the duties described in ‘‘(b) LIMITATION.—The total amount of Information Sharing Centre located in subsection (b). grants and other assistance provided pursu- Singapore, as established by the Regional (d) COMPOSITION.—The Board shall be com- ant to subsection (a) shall not exceed $500,000 Cooperation Agreement on Combating Pi- posed of— in any fiscal year.’’. racy and Armed Robbery Against Ships in (1) representatives from— SEC. 5208. DEFINITION OF ‘‘USE’’ IN PASSPORT Asia, done at Singapore November 11, 2004. (A) the Department of State; AND VISA OFFENSES. SEC. 5212. REPORT REFORM. (B) the United States Agency for Inter- (a) IN GENERAL.—Chapter 75 of title 18, (a) HUMAN RIGHTS REPORT.—Section 549 of national Development; United States Code, is amended by inserting the Foreign Assistance Act of 1961 (22 U.S.C. (C) the Department of Defense; before section 1541 the following: 2347h) is repealed. (D) the Department of Justice; ‘‘SEC. 1540. DEFINITION OF ‘USE’ AND ‘USES’. (b) ROUGH DIAMONDS ANNUAL REPORT.— (E) the Department of the Treasury; ‘‘In this chapter, the terms ‘use’ and ‘uses’ Section 12 of the Clean Diamond Trade Act (F) the Department of Homeland Security; shall be given their plain meaning, which (19 U.S.C. 3911) is amended to read as follows: (G) the Central Intelligence Agency; shall include use for identification pur- ‘‘SEC. 12. REPORTS. (H) the Office of the Director of National poses.’’. ‘‘For each country that, during the pre- Intelligence; (b) CLERICAL AMENDMENT.—The table of ceding 12-month period, exported rough dia- (I) the United States Mission to the United sections for chapter 75 of title 18, United monds to the United States and was export- Nations; and States Code, is amended by inserting before ing rough diamonds not controlled through (J) the Federal Bureau of Investigation; the item relating to section 1541 the fol- the Kimberley Process Certification Scheme, and lowing: if the failure to do so has significantly in- (2) such other individuals as the President ‘‘1540. Definition of ‘use’ and ‘uses’.’’. creased the likelihood that those diamonds may appoint.

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(e) COORDINATION.—The Board is authorized (4) the views of noted policy leaders and re- SEC. 5224. REPORT ON DEVELOPING COUNTRY to coordinate with relevant officials and gov- gional experts, including leaders and experts DEBT SUSTAINABILITY. ernment agencies responsible for foreign pol- in the Indo-Pacific region, on the opportuni- (a) IN GENERAL.—Not later than 180 days icy with respect to particular regions and ties and challenges to United States engage- after the date of the enactment of this Act, countries to help provide a cohesive, whole ment across the Indo-Pacific region. the Secretary, in coordination with the Sec- of government response and policy direction (c) CONSULTATION.—The Secretary, as ap- retary of Treasury, shall submit a report to emerging and ongoing atrocities. propriate, shall consult with— containing an assessment of the current ex- (f) REPORT.—Not later than 90 days after (1) other United States Government agen- ternal debt environment for developing the date of the enactment of this Act, the cies; and countries and identifying particular short- President shall submit to the appropriate (2) independent, nongovernmental organi- term risks to debt sustainability to— congressional committees a classified report, zations with recognized credentials and ex- (1) the appropriate congressional commit- with an unclassified annex, which shall in- pertise in foreign policy, national security, tees; clude— and international economic affairs that have (2) the Committee on Banking, Housing, (1) an update on the interagency review access to policy experts throughout the and Urban Affairs of the Senate; and mandated by Presidential Study Directive 10 United States and from the Indo-Pacific re- (3) the Committee on Financial Services of that includes— gion. the House of Representatives. (A) an evaluation of current mechanisms (b) CONTENT.—The report submitted under SEC. 5223. JOINT ACTION PLAN TO COMBAT PREJ- and capacities for government-wide detec- UDICE AND DISCRIMINATION AND subsection (a) shall assess— tion, early warning, information-sharing, TO FOSTER INCLUSION. (1) the impact of new lending relationships, contingency planning, and coordination of (a) IN GENERAL.—The Secretary is author- including the role of new creditors; efforts to prevent and respond to situations ized to enter into a bilateral joint action (2) the adequacy of current multilateral of genocide, mass atrocities, and other mass plan with the European Union to combat surveillance mechanisms in guarding against violence, including such mass gender- and prejudice and discrimination and to foster debt distress in developing countries; ethnicity-based violence; inclusion (referred to in this section as the (3) the ability of developing countries to (B) an assessment of the funding spent by ‘‘Joint Action Plan’’). borrow on global capital markets; and relevant Federal agencies on atrocity pre- (b) CONTENTS OF JOINT ACTION PLAN.—The (4) the interaction between debt sustain- vention activities; Joint Action Plan shall— ability objectives of the developing world (C) current annual global assessments of (1) address anti-Semitism; and the development-oriented investment sources of conflict and instability; (2) address prejudice against, and the dis- agenda of the G–20, including the impact of— (D) recommendations to further strengthen criminatory treatment of, racial, ethnic, and (A) current debt sustainability objectives United States capabilities to improve the religious minorities; on investment in developing countries; and mechanisms described in subparagraph (A); (3) promote equality of opportunity for ac- (B) investment objectives proposed by the and cess to quality education and economic op- G–20 on the ability to meet the goals of— (E) evaluations of the various approaches portunities; and (i) the Heavily Indebted Poor Country Ini- to enhancing capabilities and improving the (4) promote equal treatment by the justice tiative; and mechanisms described in subparagraph (A); system. (ii) the Multilateral Debt Relief Initiative. (2) recommendations to ensure burden (c) COOPERATION.—In developing the Joint TITLE III—ORGANIZATION AND PER- sharing by— Action Plan, the Secretary shall— SONNEL OF THE DEPARTMENT OF (A) improving international cooperation (1) leverage interagency policy expertise in STATE and coordination to enhance multilateral the United States and Europe; Subtitle A—Organizational Matters mechanisms for preventing genocide and (2) develop partnerships among civil soci- atrocities, including improving the role of SEC. 5301. RIGHTSIZING ACCOUNTABILITY. ety and private sector stakeholders; and (a) IN GENERAL.—Within 60 days of receipt regional and international organizations in (3) draw upon the extensive work done by conflict prevention, mitigation, and re- of rightsizing recommendations pursuant to the Organization for Security and Co-oper- a review conducted by the Office of Manage- sponse; and ation in Europe to address anti-Semitism. (B) strengthening regional organizations; ment, Policy, Rightsizing, and Innovation (d) INITIATIVES.—The Joint Action Plan and relating to overseas staffing levels at United may include initiatives for promoting equal- States overseas posts, the relevant chief of (3) the implementation status of the rec- ity of opportunity and methods of elimi- ommendations contained in the interagency mission, in coordination with the relevant nating prejudice and discrimination based on regional bureau, shall provide to the Office review described in paragraph (1). religion, race, or ethnicity, including— (g) MATERIALS AND BRIEFINGS.—The Senior of Management, Policy, Rightsizing, and In- (1) training programs; Director and the members of the Board shall novation, a response describing— (2) regional initiatives to promote equality brief the Committee on Foreign Relations of (1) any rightsizing recommendations that of opportunity through the strengthening of the Senate and the Committee on Foreign are accepted by such chief of mission and re- democratic institutions; Affairs of the House of Representatives at gional bureau; (3) public-private partnerships with enter- least annually. (2) a detailed schedule for implementation (h) SUNSET.—This section shall cease to be prises and nongovernmental organizations; of any such recommendations; effective on June 30, 2017. (4) exchanges of technical experts; (3) any recommendations that are rejected; (5) scholarships and fellowships; and SEC. 5222. UNITED STATES ENGAGEMENT IN THE and INDO-PACIFIC. (6) political empowerment and leadership (4) a detailed justification providing the (a) IN GENERAL.—Not later than 90 days initiatives. basis for the rejection of any such rec- after the date of the enactment of this Act, (e) DEPUTY ASSISTANT SECRETARY.—The ommendations. the Secretary of State shall submit a com- Secretary shall delegate, to a Deputy Assist- (b) ANNUAL REPORT.—The Secretary shall prehensive assessment to the Chairmen and ant Secretary, the responsibility for coordi- report annually to the appropriate congres- Ranking Members of the Committee on For- nating the implementation of the Joint Ac- sional committees, at the time of submission eign Relations of the Senate and the Com- tion Plan with his or her European Union of the President’s annual budget request to mittee on Foreign Affairs of the House of counterpart. Congress, on the status of all rightsizing rec- Representatives of the United States engage- (f) LEGAL EFFECTS.—Any Joint Action ommendations and responses described in ment in the Indo-Pacific, including with Plan adopted under this section— subsection (a) from the preceding five years, partners across the Indo-Pacific region. (1) shall not be legally binding; and to include the following: (b) ELEMENTS.—The assessment submitted (2) shall create no rights or obligations (1) A list of all such rightsizing rec- under subsection (a) shall include— under international or United States law. ommendations made, including whether each (1) a review of current and emerging (g) RULES OF CONSTRUCTION.—Nothing in such recommendation was accepted or re- United States diplomatic, national security, this section may be construed to authorize— jected by the relevant chief of mission and and economic interests and trends in the (1) the Secretary to enter into a legally regional bureau. Indo-Pacific region; binding agreement or Joint Action Plan with (2) For any accepted recommendations, a (2) a review of resources devoted to United the European Union; or detailed description of the current status of States diplomatic, economic, trade, develop- (2) any additional appropriations for the its implementation according to the sched- ment, and cultural engagement and plans in purposes and initiatives described in this ule provided pursuant to subsection (a)(2), the Indo-Pacific region during the 10-year pe- section. including an explanation for any departure riod ending on the date of the enactment of (h) PROGRESS REPORT.—Not later than 180 from, or changes to, such schedule. this Act; days after the date of the enactment of this (3) For any rejected recommendations, the (3) options for the realignment of United Act, the Secretary shall submit a progress justification provided pursuant to subsection States engagement in the Indo-Pacific re- report on the development of the Joint Ac- (a)(4). gion to respond to new opportunities and tion Plan to the Committee on Foreign Rela- (c) REPORT ON REGIONAL BUREAU STAFF- challenges, including linking United States tions of the Senate and the Committee on ING.—The Secretary shall provide an annual strategy more broadly across the Indo-Pa- Foreign Affairs of the House of Representa- report accompanying the report required by cific region; and tives. subsection (b) that provides—

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INFORMATION TECHNOLOGY SYSTEM positions in each regional bureau of the De- ment is inefficient, duplicative, or uncoordi- SECURITY. partment; nated between the North Africa and Sub-Sa- (a) IN GENERAL.—The Secretary shall regu- (2) a detailed explanation of the extent to haran Africa regions, or is otherwise harmed larly consult the Director of the National which the staffing of each regional bureau or limited as a result of the current division Security Agency and any other departments reflects the overseas requirements of the of jurisdictional responsibilities; or agencies the Secretary determines to be United States within each such region; (5) assess the overall coherence and effec- appropriate regarding the security of United (3) if the Secretary determines there are tiveness of the current division of jurisdic- States government and non-government in- any significant imbalances in staffing among tional responsibilities in Africa between the formation technology systems and networks regional bureaus or between any regional bu- Bureau of African Affairs and the Bureau of owned, operated, managed, or utilized by the Department, including any such systems or reau and the overseas requirements of the Near Eastern Affairs, including with regard networks facilitating the use of sensitive or United States within such region such that to coordination with other United States de- classified information. staffing does not reflect the foreign policy partments or agencies; and (b) CONSULTATION.—In performing the con- priorities of the United States or the effec- (6) assess any opportunities and costs in sultations required under subsection (a), the tive conduct of the foreign affairs of the transferring jurisdictional responsibility of Secretary shall make all such systems and United States, a detailed plan for how the Morocco, Algeria, Tunisia, and Libya from networks available to the Director of the Na- Department will seek to rectify any such im- the Bureau of Near Eastern Affairs to the tional Security Agency and any other such balances, including a schedule for implemen- Bureau of African Affairs. departments or agencies to carry out such tation; and SEC. 5304. SPECIAL ENVOYS, REPRESENTATIVES, tests and procedures as are necessary to en- (4) a detailed description of the current ADVISORS, AND COORDINATORS. sure adequate policies and protections are in status of implementation of any plan pro- Not later than 90 days after the enactment place to prevent penetrations or com- vided pursuant to paragraph (3) according to of this Act, the Secretary shall submit to the promises of such systems and networks, in- the schedule provided pursuant to such para- appropriate congressional committees a re- cluding by malicious intrusions by any unau- graph, including an explanation for any de- port on special envoys, representatives, advi- thorized individual or state actor or other parture from, or changes to, such schedule. sors, and coordinators of the Department, entity. SEC. 5302. INTEGRATION OF FOREIGN ECONOMIC which shall include at minimum the fol- (c) SECURITY BREACH REPORTING.—Begin- POLICY. lowing elements: ning not later than 180 days after enactment (a) IN GENERAL.—The Secretary of State, (1) A tabulation of the current names, of this Act, and every 180 days thereafter, with the assistance of the Undersecretary of ranks, positions, and responsibilities of all the Secretary shall provide a report, in con- Economic Growth, Energy and the Environ- special envoy, representative, advisor, and sultation with the Director of the National ment, shall establish foreign economic pol- coordinator positions at the Department, in- Security Agency and any other departments icy priorities for each regional bureau, including with a category for all such positions or agencies the Secretary determines to be cluding for individual countries as appro- at the level of assistant secretary equivalent appropriate, to the appropriate committees priate, and shall establish policies and guid- or above. of Congress describing in detail all known or ance for the purpose of integrating such for- (2) For each position identified pursuant to suspected penetrations or compromises of eign economic policy priorities throughout the requirements of this section— the systems and networks described in sub- the Department. (A) the date the position was created; section (a) facilitating the use of classified (b) TASKING OF DEPUTY ASSISTANT SEC- (B) the mechanism by which the position information and all known or suspected sig- RETARY.—Within each regional bureau of the was created, including the authority pursu- nificant penetrations or compromises of any Department, the Secretary shall task a Dep- ant to which the position was created; other such systems and networks that oc- uty Assistant Secretary, having appropriate (C) the positions identified as authorized curred since the time of such prior report. training and background in economic and pursuant to section 1(d) of the Basic Au- (d) CONTENT.—The report required under commercial affairs, with responsibility for thorities Act (22 U.S.C. 2651a(d)); subsection (c) shall include— consideration of economic matters and inter- (D) a description of whether and the extent (1) a description of the relevant informa- ests within the responsibilities of such re- to which the responsibilities assigned the po- tion technology system or network pene- gional bureau, including the integration of sition duplicate the responsibilities of other trated or compromised; the foreign economic policy priorities estab- current officials within the Department, in- (2) an assessment of the date and time such lished pursuant to subsection (a). cluding of other special envoys, representa- penetration or compromise occurred; (c) COORDINATION.—The Deputy Assistant tives and advisors; (3) an assessment of the duration for which Secretary tasked with responsibility for eco- (E) which current official within the De- such system or network was penetrated or compromised, including whether such pene- nomic matters and interests pursuant to partment would be assigned the responsibil- tration or compromise is ongoing; subsection (b) within each bureau shall— ities of the position in the absence of the po- (4) an assessment of the amount and sensi- (1) at the direction of the relevant Assist- sition; tivity of information accessed and available ant Secretary, review and report to the As- (F) to which current official within the De- to have been accessed by such penetration or sistant Secretary of such bureau on all eco- partment the position directly reports; compromise, including any such information nomic matters and interests; and (G) the total number of staff assigned to contained on systems and networks owned, (2) serve as liaison with the office of the support the position; and operated, managed, or utilized by any other Undersecretary for Economic Growth. (H) with the exception of those created by United States Government department or SEC. 5303. REVIEW OF BUREAU OF AFRICAN AF- statute, a detailed explanation of the neces- agency; FAIRS AND BUREAU OF NEAR EAST- sity of the position to the effective conduct ERN AFFAIRS JURISDICTIONS. (5) an assessment of whether such system of the foreign affairs of the United States. (a) IN GENERAL.—The Secretary shall, or network was penetrated by a malicious in- within 180 days of enactment of this Act, SEC. 5305. CONFLICT PREVENTION, MITIGATION AND RESOLUTION, AND THE INCLU- trusion, including an assessment of— conduct a review of jurisdictional responsi- SION AND PARTICIPATION OF (A) the known or suspected perpetrators, bility of the Bureau of African Affairs and WOMEN. including state actors; that of the Bureau for Near Eastern Affairs Section 704 of the Foreign Service Act of (B) the methods used to conduct such pene- as it specifically relates to the North African 1980 (22 U.S.C. 4024) is amended by adding at tration or compromise; and countries of Morocco, Algeria, Tunisia, and the end the following new subsection: (6) a description of the actions the Depart- Libya, and report the findings of the review ‘‘(e) The Secretary, in conjunction with ment has taken or plans to take to prevent to the appropriate congressional commit- the Administrator of the United States future, similar penetrations, or compromises tees, including recommendations on whether Agency for International Development, shall of such systems and networks. jurisdictional responsibility among such bu- ensure that all appropriate personnel respon- SEC. 5307. ANALYSIS OF EMBASSY COST SHARING. reaus should be adjusted. sible for, or deploying to, countries or re- Not later than 180 days after the date of (b) REVIEW.—The review required under gions considered to be at risk of, undergoing, the enactment of this Act, the Comptroller subsection (a) shall— or emerging from violent conflict, including General shall submit a report to the appro- (1) identify regional strategic priorities; special envoys, members of mediation or ne- priate congressional committees that as- (2) assess regional dynamics between the gotiation teams, relevant members of the sesses the cost-effectiveness and perform- North Africa and Sub-Saharan Africa re- Civil Service or Foreign Service and contrac- ance of the International Cooperative Ad- gions, including the degree to which the pri- tors, obtain training, as appropriate, in the ministrative Support Services system (re- orities identified pursuant to paragraph (1) following areas, each of which shall include a ferred to in this section as the ‘‘ICASS sys- are distinct between each such region, or focus on women and ensuring women’s mean- tem’’), including by assessing— have similar application across such regions; ingful inclusion and participation— (1) the general performance of the ICASS (3) identify current priorities and effective- ‘‘(1) conflict prevention, mitigation, and system in providing cost-effective, timely, ness of United States Government regional resolution; efficient, appropriate, and reliable services engagement in North Africa and Sub-Saha- ‘‘(2) protecting civilians from violence, ex- that meet the needs of all departments and ran Africa, including through security as- ploitation, and trafficking in persons; and agencies served; sistance, economic assistance, humanitarian ‘‘(3) international human rights law and (2) the extent to which additional cost sav- assistance, and trade, international humanitarian law.’’. ings and greater performance can be

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achieved under the current ICASS system derstanding, and trust of the United States (d) DEFINITIONS.—In this section: and rules; by relevant target audiences; (1) AUDIENCE RESEARCH.—The term ‘‘audi- (3) the standards applied in the selection of (B) report to the Director of Policy and ence research’’ means research conducted at the ICASS provider and the extent to which Planning; the outset of public diplomacy program or such standards are consistently applied; (C) routinely organize and oversee audi- campaign planning and design on specific au- (4) potential reforms to the ICASS system, ence research, digital analytics and impact dience segments to understand the attitudes, including— evaluations across all public diplomacy bu- interests, knowledge and behaviors of such (A) the selection of more than one service reaus and offices of the Department; audience segments. provider under certain circumstances; (D) support embassy public affairs sec- (2) DIGITAL ANALYTICS.—The term ‘‘digital (B) options for all departments or agencies tions; analytics’’ means the analysis of qualitative to opt out of ICASS entirely or to opt out of (E) share appropriate public diplomacy re- and quantitative data, accumulated in dig- individual services, including by debundling search and evaluation information within ital format, to indicate the outputs and out- service packages; the State Department and with other depart- comes of a public diplomacy program or (C) increasing the reliance on locally em- ments and agencies; campaign. ployed staff or outsourcing to local firms (F) regularly design and coordinate stand- (3) IMPACT EVALUATION.—The term ‘‘impact where appropriate; and ardized research questions, methodologies, evaluation’’ means an assessment of the (D) other modifications to the current and procedures to ensure that public diplo- changes in the audience targeted by a public ICASS system and rules that would macy activities across all public diplomacy diplomacy program or campaign that can be incentivize greater effectiveness and cost ef- bureaus and offices are designed to meet ap- attributed to such program or campaign. ficiency. propriate foreign policy objectives; and Subtitle B—Personnel Matters SEC. 5308. PARENT ADVISORY COMMITTEE TO (G) report quarterly to the United States Advisory Commission on Public Diplomacy, SEC. 5321. REVIEW OF FOREIGN SERVICE OFFI- THE INTERAGENCY WORKING CER COMPENSATION. GROUP TO PREVENT INTER- through the Commission’s Subcommittee on (a) IN GENERAL.—Not later than 30 days NATIONAL PARENTAL CHILD ABDUC- Research and Evaluation established pursu- after the date of the enactment of this Act, TION. ant to subsection (c), regarding the research the Secretary shall commission an inde- Section 433(b)(1) of the Homeland Security and evaluation of all public diplomacy bu- pendent assessment of Foreign Service Offi- Act of 2002 (6 U.S.C. 241(b)(1)) is amended to reaus and offices of the Department. cer compensation to ensure that such com- read as follows: (4) øNEED HEADER¿.—Not later than 180 pensation is achieving its purposes and the ‘‘(b) INTERAGENCY COORDINATION..— days after appointment pursuant to para- goals of the Department, including to re- ‘‘(1) IN GENERAL.—The Secretary of State graph (1), the Director of Research and Eval- cruit, retain, and maintain the world’s pre- shall convene and chair an interagency uation shall create guidance and training for mier diplomatic corps. working group to prevent international pa- all public diplomacy officers regarding the rental child abduction. (b) REPORT.—The assessment required by reading and interpretation of public diplo- subsection (a) shall be completed and sub- ‘‘(A) COMPOSITION.—The group shall be macy program evaluation findings to ensure mitted as a report to the appropriate con- composed of presidentially appointed, Senate that such findings and lessons learned are gressional committees, accompanied by the confirmed officials from— implemented in the planning and evaluation views of the Secretary, not later than 180 ‘‘(i) the Department of State; of all public diplomacy programs and activi- days after the enactment of this Act. ‘‘(ii) the Department of Homeland Secu- ties throughout the Department. (c) CONTENT.—The report required by sub- rity, including U.S. Customs and Border Pro- (c) PRIORITIZING RESEARCH AND EVALUA- section (b) shall include at minimum the fol- tection and U.S. Immigration and Customs TION.— lowing elements: Enforcement; and (1) IN GENERAL.—The Director of Policy, (1) A list of all compensation received by ‘‘(iii) the Department of Justice, including Planning, and Resources shall ensure that Foreign Service Officers assigned domesti- research and evaluation, as coordinated and the Federal Bureau of Investigation. cally or overseas, including base salary and overseen by the Director of Research and ‘‘(B) ADVISORY COMMITTEE.—The Secretary benefits, allowances, differentials, or incen- Evaluation, supports strategic planning and shall convene an advisory committee to the tives. resource allocation across all public diplo- interagency working group established pur- (2) For each such form of compensation de- macy bureaus and offices of the Department. suant to subparagraph (A) for the duration of scribed in paragraph (1)— (2) ALLOCATION OF RESOURCES.—Funds allo- the working group’s existence, which shall (A) an explanation of its stated purpose; cated for the purposes of research and eval- be composed of not less than three left-be- (B) a description of all relevant authori- uation of public diplomacy programs and ac- hind parents selected by the Secretary, serv- ties, including statutory authority; and tivities pursuant to the requirements of sub- ing for two-year terms, and which shall peri- (C) an assessment of the degree to which section (a) shall be made available to be dis- odically consult with such advisory com- its use matches its stated purpose. mittee on all activities of the interagency bursed at the direction of the Director of Re- search and Evaluation among the research (3) An assessment of the effectiveness of working group, as appropriate.’’. each such form of compensation in— SEC. 5309. IMPROVING RESEARCH AND EVALUA- and evaluation staff across all public diplomacy bureaus and offices of the Department. (A) achieving its stated purpose; TION OF PUBLIC DIPLOMACY. (B) achieving the recruiting and retention (a) IN GENERAL.—The Secretary shall con- (3) SENSE OF CONGRESS.—It is the sense of goals of the Department; and duct regular research and evaluation of pub- Congress that the Department should allo- (C) achieving the assignment placement lic diplomacy programs and activities of the cate, for the purposes of research and evalua- needs of the Department. Department including through the routine tion of public diplomacy activities and pro- use of audience research, digital analytics, grams pursuant to the requirements of sub- SEC. 5322. REPEAL OF RECERTIFICATION RE- QUIREMENT FOR SENIOR FOREIGN and impact evaluations to plan and execute section (a), three to five percent of program SERVICE. such programs and activities, and shall make funds made available for Educational and Section 305(d) of the Foreign Service Act of available to Congress the research and eval- Cultural Exchange programs and three to 1980 (22 U.S.C. 3945(d)) is hereby repealed. five percent of program funds allocated for uations conducted pursuant to this section. SEC. l5323. COMPENSATORY TIME OFF FOR (b) DIRECTOR OF RESEARCH AND EVALUA- public diplomacy programs within Diplo- TRAVEL. TION.— matic and Consular Programs. (e) Advisory Section 5550b of title 5, United States Code, (1) APPOINTMENT OF THE DIRECTOR.—Not Commission on Public Diplomacy. is amended by inserting at the end the fol- later than 90 days after enactment of this (4) SUBCOMMITTEE FOR RESEARCH AND EVAL- lowing new subsection: Act, the Secretary shall appoint a Director UATION.—The Advisory Commission on Pub- ‘‘(c) The maximum amount of compen- of Research and Evaluation in the Office of lic Diplomacy shall establish a Sub- satory time off earned under this section Policy, Planning and Resources for the committee for Research and Evaluation to may not exceed 104 hours during any leave Under Secretary for Public Diplomacy and monitor and advise on the research and eval- year (as defined by regulations of the Office Public Affairs. uation activities of the Department and the of Personnel Management).’’. (2) LIMITATION ON APPOINTMENT.—The ap- Broadcasting Board of Governors. SEC. 5324. CERTIFICATES OF DEMONSTRATED pointment of a Director of Research and (5) REPORT.—The Subcommittee estab- COMPETENCE. Evaluation pursuant to paragraph (1) shall lished under paragraph (1) shall report annu- The President shall make the report re- not result in an increase in the overall full- ally to Congress in the Commission’s Com- quired in Sec. 304(a)(4) of the Foreign Service time equivalent positions within the Depart- prehensive Annual Report on the perform- Act of 1980 (22 U.S.C. 3944) available to the ment. ance of the Department and the Broad- public, including by posting it on the Inter- (3) RESPONSIBILITIES.—The Director of Re- casting Board of Governors in carrying out net website of the Department in a con- search and Evaluation, as appointed in ac- research and evaluations of their respective spicuous manner and location within 7 days cordance with this subsection, shall— public diplomacy programming. after having been submitted to the Com- (A) coordinate and oversee the research (6) REAUTHORIZATION.—Section 1334 of the mittee on Foreign Relations of the Senate. and evaluation of public diplomacy programs Foreign Affairs Reform and Restructuring SEC. 5325. FOREIGN SERVICE ASSIGNMENT RE- of the Department in order to improve public Act of 1998 (22 U.S.C. 6553) is amended by STRICTIONS. diplomacy strategies and tactics and ensure striking ‘‘October 1, 2015’’ and inserting ‘‘Oc- (a) APPEAL OF ASSIGNMENT RESTRICTION.— programs are increasing the knowledge, un- tober 1, 2020’’. The Secretary shall establish a right and

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process for employees to appeal any assign- (2) CLERICAL AMENDMENT.—The item relat- (7) to improve demographic data avail- ment restriction or preclusion. ing to such section in the table of contents ability and analysis regarding recruitment, (b) CERTIFICATION.—The Secretary shall in section 2 of such Act is amended to read hiring, promotion, training, length in serv- provide a certification to the appropriate as follows: ice, assignment restrictions, and pass- congressional committees upon full imple- ‘‘Section 610. Separation for cause; suspen- through programs; mentation of a right and process to appeal sion.’’. (8) to recruit a diverse staff by— an assignment restriction or preclusion ac- SEC. 5327. ECONOMIC STATECRAFT EDUCATION (A) recruiting women, minorities, vet- companied by a written report that provides AND TRAINING. erans, and undergraduate and graduate stu- a detailed description of such process. (a) IN GENERAL.—The Secretary shall es- dents; (c) NOTICE.—The Secretary shall publish tablish curriculum at the Foreign Services (B) recruiting at historically Black col- the right and process established pursuant to Institute to develop the practical foreign leges and universities, Hispanic serving in- subsection (a) in the Foreign Affairs Manual, economic policy expertise and skill sets of stitutions, women’s colleges, and colleges and shall include a reference to such publica- Foreign Service officers, including by mak- that typically serve majority minority popu- tion in the report required under subsection ing available distance-learning courses in lations; (b). commercial, economic, and business affairs, (C) sponsoring and recruiting at job fairs in (d) PROHIBITING DISCRIMINATION.—Section specifically including in— urban communities; 502(a)(2) of the Foreign Service Act of 1980 (22 (1) the global business environment; (D) placing job advertisements in news- U.S.C. 3982(a)(2)) is amended to read as fol- (2) the economics of development; papers, magazines, and job sites oriented to- lows: (3) development and infrastructure finance; ward women and people of color; ‘‘(2) In making assignments under para- (4) current trade and investment agree- (E) providing opportunities through the graph (1), the Secretary shall assure that a ments negotiations; Foreign Service Internship Program and member of the Service is not assigned to, or (5) implementing existing multilateral and other hiring initiatives; and restricted from, a position at a post in a par- World Trade Organization agreements, and (F) recruiting mid- and senior-level profes- ticular geographic area, or domestically in a United States trade and investment agree- sionals through programs such as— position working on issues relating to a par- ments; (i) the International Career Advancement ticular geographic area, exclusively on the (6) best practices for customs and export Program; basis of the race, ethnicity, or religion of procedures; and (ii) the Public Policy and International Af- that member.’’. (7) market analysis and global supply fairs Fellowship Program; SEC. 5326. SECURITY CLEARANCE SUSPENSIONS. chain management. (iii) the Institute for International Public (a) SUSPENSION.—Section 610 of the Foreign SEC. 5328. REPORT ON DIVERSITY RECRUITMENT, Policy Fellowship Program; Service Act of 1980 (22 U.S.C. 4010) is amend- EMPLOYMENT, RETENTION, AND (iv) Seminar XXI at the Massachusetts In- PROMOTION. ed by adding at the end the following new stitute of Technology’s Center for Inter- (a) IN GENERAL.—Not later than 180 days subsection: national Studies; and after the date of the enactment of this Act, ‘‘(c)(1) In order to promote the efficiency of (v) other similar highly respected inter- the Service, the Secretary may suspend a and quadrennially thereafter, the Secretary of State shall submit a comprehensive report national leadership programs; and member of the Foreign Service without pay (9) to provide opportunities through— when the member’s security clearance is sus- to Congress that— (1) describes the efforts, consistent with (A) the Charles B. Rangel International Af- pended or when there is reasonable cause to fairs Fellowship Program; believe that the member has committed a existing law, including procedures, effects, and results of the Department of State since (B) the Thomas R. Pickering Foreign Af- crime for which a sentence of imprisonment fairs Fellowship Program; and may be imposed. the time of the prior such report, to promote equal opportunity and inclusion for all (C) the Donald M. Payne International De- ‘‘(2) Any member of the Foreign Service for velopment Fellowship Program. whom a suspension is proposed shall be enti- American employees in direct hire and per- (c) SCOPE OF INITIAL REPORT.—The first re- tled to— sonal service contractors status, particularly port submitted to Congress under this sec- ‘‘(A) written notice stating the specific employees of the Foreign Service, to include tion shall include the information described reasons for the proposed suspension; equal opportunity for all races, ethnicities, in subsection (b) for the 3 fiscal years imme- ‘‘(B) a reasonable time to respond orally ages, genders, and service-disabled veterans, diately preceding the fiscal year in which the and in writing to the proposed suspension; with a focus on traditionally underrep- report is submitted. ‘‘(C) representation by an attorney or resented minority groups; other representative; and (2) includes a section on— SEC. 5329. EXPANSION OF THE CHARLES B. RAN- ‘‘(D) a final written decision, including the (A) the diversity of selection boards; GEL INTERNATIONAL AFFAIRS PRO- specific reasons for such decision, as soon as (B) the employment of minority and serv- GRAM, THE THOMAS R. PICKERING FOREIGN AFFAIRS FELLOWSHIP practicable. ice-disabled veterans during the most recent 10-year period, including— PROGRAM, AND THE DONALD M. ‘‘(3) Any member suspended under this sec- PAYNE INTERNATIONAL DEVELOP- tion may file a grievance in accordance with (i) the number hired through direct hires, MENT FELLOWSHIP PROGRAM. the procedures applicable to grievances internships, and fellowship programs; (a) ADDITIONAL FELLOWSHIPS AUTHOR- under chapter 11 of this title. (ii) the number promoted to senior posi- IZED.—Beginning in fiscal year 2016, the Sec- ‘‘(4) In the case of a grievance filed under tions, including FS–01, GS–15, Senior Execu- retary of State shall— paragraph (3)— tive Service, and Senior Foreign Service; and (1) increase by 10 the number of fellows se- ‘‘(A) the review by the Foreign Service (iii) attrition rates by grade, civil and for- lected for the Charles B. Rangel Inter- Grievance Board shall be limited to a deter- eign services, and the senior level ranks list- national Affairs Program; mination of whether the provisions of para- ed in clause (ii); and (2) increase by 10 the number of fellows se- graphs (1) and (2) have been fulfilled; and (C) mentorship and retention programs; lected for the Thomas R. Pickering Foreign ‘‘(B) the Foreign Service Grievance Board and Affairs Fellowship Program; and may not exercise the authority provided (3) is organized in terms of real numbers (3) increase by 5 the number of fellows se- under section 1106(8) of the Act (22 U.S.C. and percentages at all levels. lected for the Donald M. Payne International 4136(8)). (b) CONTENTS.—Each report submitted ‘‘(5) In this subsection: under subsection (a) shall describe the ef- Development Fellowship Program. ‘‘(A) The term ‘reasonable time’ means— forts of the Department of State— (b) PAYNE FELLOWSHIP PROGRAM.—Under- ‘‘(i) with respect to a member of the For- (1) to propagate fairness, impartiality, and graduate and graduate components of the eign Service assigned to duty in the United inclusion in the work environment domesti- Donald M. Payne International Development States, 15 days after receiving notice of the cally and abroad; Fellowship Program are authorized to con- proposed suspension; and (2) to eradicate harassment, intolerance, duct outreach to attract outstanding stu- ‘‘(ii) with respect to a member of the For- and discrimination; dents who represent diverse ethnic and socio- eign Service assigned to duty outside the (3) to refrain from engaging in unlawful economic backgrounds with an interest in United States, 30 days after receiving notice discrimination in any phase of the employ- pursuing a Foreign Service career. of the proposed suspension. ment process, including recruitment, hiring, SEC. 5330. RETENTION OF MID- AND SENIOR- ‘‘(B) The term ‘suspend’ or ‘suspension’ evaluation, assignments, promotion, reten- LEVEL PROFESSIONALS THAT COME means the placing of a member of the For- tion, and training; FROM UNDERREPRESENTED eign Service in a temporary status without (4) to eliminate illegal retaliation against GROUPS. duties and pay.’’. employees for participating in a protected (a) RETENTION.—Attention and oversight (b) CONFORMING AND CLERICAL AMEND- equal employment opportunity activity; should also be applied to the retention and MENTS.— (5) to provide reasonable accommodation promotion of underrepresented groups to (1) AMENDMENT OF SECTION HEADING.—Such for qualified employees and applicants with promote a diverse ethnic representation section, as amended by subsection (a), is fur- disabilities; among mid- and senior-level career profes- ther amended in the section heading by in- (6) to resolve workplace conflicts, con- sionals through programs such as— serting ‘‘; SUSPENSION’’ before the period at frontations, and complaints in a prompt, im- (1) the International Career Advancement the end. partial, constructive, and timely manner; Program;

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.075 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3838 CONGRESSIONAL RECORD — SENATE June 4, 2015 (2) Seminar XXI at the Massachusetts In- SEC. 5403. REPORTING ON PEACEKEEPING AR- (1) A description of the specific measures stitute of Technology’s Center for Inter- REARS AND CREDITS. taken and planned to be taken by such orga- national Studies; and Section 4(c) of the United Nations Partici- nization related to such peacekeeping mis- (3) other highly respected international pation Act (22 U.S.C. 287b(c)) is amended by sion to— leadership programs. inserting between paragraphs (2) and (3) the (A) prevent the organization’s employees, (b) REVIEW OF PAST PROGRAMS.—Past pro- following new paragraph: contractor personnel, and forces serving in grams designed to increase minority rep- ‘‘(3) PEACEKEEPING CREDITS.—A complete such peacekeeping mission from engaging in resentation in international affairs positions and full accounting of United States peace- acts of trafficking in persons, exploitation of should be reviewed, including— keeping assessments and contributions for victims of trafficking, or sexual exploitation (1) the USAID Undergraduate Cooperative United Nations peacekeeping operations, to or abuse; and and Graduate Economics Program; include the following elements: (B) hold accountable any such individuals (2) the Public Policy and International Af- ‘‘(A) A tabulation of annual United Na- who engages in any such acts while partici- fairs Fellowship Program; and tions peacekeeping assessment rates, the re- pating in such peacekeeping mission. (3) the Institute for International Public lated authorized United States peacekeeping (2) An assessment of the effectiveness of Policy Fellowship Program. contribution rate, and the relevant United each of the measures described in paragraph States public law that determines each such (1). TITLE IV—INTERNATIONAL contribution rate for the United Nations (3) An accounting and assessment of all ORGANIZATIONS peacekeeping budget for each fiscal year be- cases whereby such organization has taken Subtitle A—United States Contributions to ginning in 1995 through the current and next action to investigate allegations of its em- International Organizations fiscal year. ployees, contractor personnel, or peace- ‘‘(B) A tabulation of current United States SEC. 5401. REPORT ON ALL UNITED STATES GOV- keeping forces serving in such peacekeeping ERNMENT CONTRIBUTIONS TO THE accrued shortfalls and arrears in each respec- mission engaging in acts of trafficking in UNITED NATIONS. tive ongoing or closed United Nations peace- persons, exploitation of victims of traf- Section 4(c) of the United Nations Partici- keeping mission. ficking, or sexual exploitation or abuse, in- pation Act (22 U.S.C. 287b(c)) is amended by ‘‘(C) A tabulation of all peacekeeping cred- cluding a description of the current status of inserting before paragraph (1) the following its, including in the categories of— new paragraph: ‘‘(i) total peacekeeping credits determined all such cases. ‘‘(1) CONTRIBUTIONS TO THE UNITED NA- by the United Nations to be available to the SEC. 5412. ADDING PEACEKEEPING ABUSES TO TIONS.—A detailed description of all assessed United States; COUNTRY REPORT ON HUMAN and voluntary contributions, including in- ‘‘(ii) total peacekeeping credits determined RIGHTS PRACTICES. kind contributions, of the United States by the United Nations to be unavailable to Subsection (d) of section 116 of the Foreign Government to the United Nations and to the United States; Assistance Act of 1961 (22 U.S.C. 2151n(d)) is each of its affiliated agencies and related ‘‘(iii) total peacekeeping credits deter- bodies during the preceding fiscal year, esti- mined by the United Nations to be available amended by adding at the end the following mated for such current fiscal year, and re- to the United States from each open and new paragraph: quested in the President’s budget request for closed mission; ‘‘(13) for each country that contributes per- such following fiscal year. ‘‘(iv) total peacekeeping credits deter- sonnel to United Nations peacekeeping mis- ‘‘(A) CONTENT.—Each report required under mined by the United Nations to be unavail- sions, a description of— paragraph (1) shall, for each such fiscal year, able to the United States from each open and ‘‘(A) any allegations of such personnel en- include— closed mission; gaging in acts of trafficking in persons, ex- ‘‘(i) the total amount or value of all such ‘‘(v) total peacekeeping credits applied by ploitation of victims of trafficking, or sexual contributions to the United Nations and to the United Nations toward prior year short- exploitation and abuse while participating in each such agency or body; falls apportioned to the United States; such a peacekeeping mission; ‘‘(ii) the approximate percentage of all ‘‘(vi) total peacekeeping credits applied by ‘‘(B) any repatriations of such personnel such contributions to the United Nations and the United Nations toward offsetting future resulting from an allegation described in to each such agency or body when compared contributions of the United States; and paragraph (A); with all contributions to the United Nations ‘‘(vii) total peacekeeping credits deter- ‘‘(C) any actions taken by such country to- and to each such agency or body from any mined by the United Nations to be available ward personnel repatriated as a result of al- source; and to the United States, which could be applied legations described in paragraph (A), includ- ‘‘(iii) for each such United States Govern- toward offsetting United States contribu- ing whether such personnel faced prosecu- ment contribution to the United Nations and tions in the following fiscal year. tion related to such allegations; and to each such agency or body— ‘‘(D) An explanation of any claim of un- ‘‘(D) the extent to which any actions taken ‘‘(I) the amount or value of the contribu- availability by the United Nations of any as described in paragraph (C) have been com- tion; peacekeeping credits described in subpara- municated by such country to the United ‘‘(II) a description of the contribution, in- graph (C)(iv). Nations.’’. cluding whether it is assessed or voluntary; ‘‘(E) A description of any efforts by the Subtitle C—Personnel Matters ‘‘(III) the purpose of the contribution; United States to obtain reimbursement in ‘‘(IV) the department or agency of the accordance with the requirements of the SEC. 5421. ENCOURAGING EMPLOYMENT OF United States Government responsible for United Nations Participation Act (22 U.S.C. UNITED STATES CITIZENS AT THE the contribution; and 287 et seq.), including but not limited to De- UNITED NATIONS. ‘‘(V) the United Nations or United Nations partment of Defense materiel and services, Section 181 of the Foreign Relations Au- including an explanation of any failure to affiliated agency or related body receiving thorization Act for fiscal years 1992 and 1993 the contribution. obtain any such reimbursement.’’. (22 U.S.C. 276c–4) is amended to read as fol- ‘‘(B) PUBLIC AVAILABILITY OF INFORMA- SEC. 5404. ASSESSMENT RATE TRANSPARENCY. lows: ‘‘Not less than 180 days after enact- TION.—Not later than 14 days after submit- The Secretary of State, through the United ting a report required under subsection (a), States Ambassador to the United Nations, ment of this Act, and each year thereafter, the Director of the Office of Management shall urge the United Nations— the Secretary of State shall submit a report and Budget shall post a text-based, search- (1) to share the raw data used to calculate to the Congress that provides— able version of the report on a publicly avail- member state peacekeeping assessment ‘‘(1) for each international organization able Internet website.’’. rates; and which had a geographic distribution formula SEC. 5402. AMENDING THE REPORT ON FINAN- (2) to make available the formula for de- in effect on January 1, 1991, an assessment of CIAL CONTRIBUTIONS TO INTER- termining peacekeeping assessments. whether each such organization— NATIONAL ORGANIZATIONS. Subtitle B—Accountability at International ‘‘(A) is taking good faith steps to increase Section 405(b) of the Foreign Relations Au- Organizations the staffing of United States citizens, includ- thorization Act, Fiscal Year 2003 (U.S.C. ing, as appropriate, as assessment of any ad- SEC. 5411. PREVENTING ABUSE IN PEACE- 287b(b)) is amended by striking ‘‘in which the KEEPING. ditional steps such organization could be United States participates as a member.’’, At least 15 days prior to the anticipated taking; and by inserting at the end the following: ‘‘, date of the vote on a resolution for a new, or ‘‘(B) has met the requirements of its geo- including a tabulation of assessed contribu- to reauthorize an existing, peacekeeping graphic distribution formula; and tions, voluntary contributions, and the ratio mission under the auspices of the United Na- ‘‘(2) a specific assessment of American rep- of United States contributions to total con- tions, the North Atlantic Treaty Organiza- resentation among professional and senior- tributions received among the following cat- tion, or any other multilateral organization level positions at the United Nations, includ- egories: the United Nations, Specialized in which the United States participates, or, ing— Agencies of the United Nations and Other in exigent circumstances, as far in advance ‘‘(A) a description of the proportion of all United Nations Funds, Programs, and Orga- of any such vote as is practicable, the Sec- such United States citizen employment at nizations; Peacekeeping; Inter-American Or- retary shall submit to the appropriate con- the United Nations Secretariat and all ganizations; Regional Organizations; and gressional committees a report that shall in- United Nations specialized agencies, funds Other International Organizations.’’. clude the following: and programs;

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Federal law enforcement officers, fire- grams with any required geographic distribu- Section 212(a)(10)(C)(iii) of the Immigra- fighters, and air traffic controllers to tion formula; and tion and Nationality Act (8 U.S.C. make penalty-free withdrawals from ‘‘(C) a description of any steps taken and 1182(a)(10)(C)(iii)) is amended— governmental plans after age 50, and planned to be taken by the United States to (1) in subclause (I), by adding ‘‘or’’ at the increase such staffing of United States citi- end; for other purposes; as follows: zens at the United Nations Secretariat and (2) in subclause (II), by striking ‘‘; or’’ and On page 3, strike lines 9 through 11 and in- United Nations specialized agencies, funds inserting a period; and sert the following: and programs.’’. (3) by striking subparagraph (III). (d) EFFECTIVE DATE.—The amendments made by this section shall apply to distribu- SEC. 5502. PRESUMPTION OF IMMIGRANT INTENT SEC. 5422. ENSURING APPROPRIATE UNITED NA- tions after December 31, 2015. TIONS PERSONNEL SALARIES. FOR H AND L VISA CLASSIFICA- TIONS. C (a) COMPENSATION OF UNITED NATIONS PER- Section 214(b) of the Immigration and Na- SA 1783. Mr. M CAIN submitted an SONNEL.—The President shall direct the tionality Act (8 U.S.C. 1184(b)) is amended— amendment intended to be proposed to United States Permanent Representative to (1) by striking ‘‘(other than a non- amendment SA 1463 proposed by Mr. the United Nations to use the voice, vote, immigrant described in subparagraph (L) or MCCAIN to the bill H.R. 1735, to author- and influence of the United States at the (V) of section 101(a)(15), and other than a ize appropriations for fiscal year 2016 United Nations to— nonimmigrant described in any provision of for military activities of the Depart- (1) establish appropriate policies, proce- section 101(a)(15)(H)(i) except subclause (b1) ment of Defense and for military con- dures, and assumptions for— of such section)’’; struction, to prescribe military per- (A) determining comparable positions be- (2) by striking ‘‘under section 101(a)(15)’’ sonnel strengths for such fiscal year, tween officials in the Professional and high- and inserting in its place ‘‘under the immi- and for other purposes; which was or- er categories of the United Nations in New gration laws.’’; and York and that of the United States Federal (3) by striking ‘‘he’’ each place such term dered to lie on the table; as follows: civil service; appears and inserting ‘‘the alien’’. Strike section 1273 and insert the fol- (B) calculating the margin between the SEC. 5503. VISA INFORMATION SHARING. lowing: compensation of such comparable officials Section 222(f) of the Immigration and Na- SEC. 1273. SENSE OF CONGRESS AND REPORT ON and positions; and tionality Act (8 U.S.C. 1202(f)(2)) is amended: QATAR FIGHTER AIRCRAFT CAPA- (C) determining the appropriate margin for BILITY CONTRIBUTION TO RE- (1) in the matter preceding paragraph (1), GIONAL SAFETY. adoption by the United Nations to govern by striking ‘‘issuance or refusal’’ and insert- (a) SENSE OF CONGRESS.—It is the sense of compensation for such United Nations offi- ing ‘‘issuance, refusal, or revocation’’; and the Congress that— cials; (2) in paragraph (2)— (1) the United States should consider, in a (2) make all policies, procedures, and as- (A) in the matter preceding subparagraph timely manner, the July 2013 Letter of Re- sumptions described in paragraph (1) avail- (A), by striking ‘‘and on the basis of reci- quest from the Government of Qatar for able to the public; and procity’’; fighter aircraft; (3) limit the growth of United Nations offi- (B) in subparagraph (A), by striking ‘‘illicit (2) the approval of such a sale would con- cials compensation to ensure they remain weapons; or’’ and inserting ‘‘illicit weapons, tribute to the self-defense of Qatar, deter the within the margin range established in or in determining the removability or eligi- regional ambitions of Iran, reassure partners United Nations General Assembly Resolution bility for a visa, admission, or another immi- and allies of the United States commitment A/RES/40/244, or any subsequent margin gration benefit of persons who would be inad- to regional security, and enhance the strike range adopted by the United Nations to gov- missible to, or removable from, the United capability of fighter aircraft of the Qatar air ern compensation for such United Nations States;’’; force; officials. (C) in subparagraph (B)— (3) the ability of our regional partners to (b) REPORT ON SALARY MARGINS.—The Sec- (i) by striking ‘‘for the purposes’’ and in- respond to threatening Iranian military ac- retary shall submit a report annually to the serting ‘‘for 1 of the purposes’’; and tions in the Gulf, such as closing the Strait appropriate congressional committees at the (ii) by striking ‘‘or to deny visas to persons of Hormuz or launching a ballistic missile time of submission of the first President’s who would be inadmissible to the United attack, is a critical element of deterring Ira- budget to Congress— States.’’ and inserting ‘‘; or’’; and nian aggression and to maintaining security (1) describing the policies, procedures, and (D) by adding at the end the following: and stability in the region; assumptions established or used by the ‘‘(C) with regard to any or all aliens in the (4) the maintenance by Israel of a Quali- United Nations to— database, specified data elements from each tative Military Edge (QME) is vital, and due (A) determine comparable positions be- record, if the Secretary of State determines diligence is essential in thoroughly evalu- tween officials in the Professional and high- that it is in the national interest to provide ating the impact of such a sale as it relates er categories of the United Nations in New such information to a foreign government.’’. to the military capabilities of Israel; and York and that of the United States Federal TITLE VI—OVERSEAS CONTINGENCY (5) the Department of State should civil service; OPERATIONS prioritize its consideration of whether to (B) calculate the percentage difference, or TITLE VII—EMBASSY SECURITY issue a Letter of Offer and Acceptance, to ad- margin, between the compensation of such vance the sale of fighter aircraft to the Gov- comparable officials and positions; and SA 1781. Ms. HEITKAMP submitted ernment of Qatar so that key decisions can (C) determine the margin range established be taken regarding the way forward for capa- in United Nations General Assembly Resolu- an amendment intended to be proposed bilities that are critical for security and station A/RES/40/244, or any subsequent margin to amendment SA 1463 proposed by Mr. bility in the Middle East. range adopted by the United Nations to gov- MCCAIN to the bill H.R. 1735, to author- (b) REPORT.— ern compensation for such United Nations ize appropriations for fiscal year 2016 (1) IN GENERAL.—Not later than 30 days officials; for military activities of the Depart- after the date of the enactment of this Act, (2) assessing, in conformance with the poli- ment of Defense and for military con- the Secretary of State shall, in consultation cies, procedures, and assumptions described struction, to prescribe military per- with the Secretary of Defense, shall submit in paragraph (1), the percentage difference, to the appropriate committees of Congress a or margin, between net salaries of officials sonnel strengths for such fiscal year, report on the risks and benefits of the sale of in the Professional and higher categories of and for other purposes; which was or- fighter aircraft to Qatar as described in sub- the United Nations in New York and that of dered to lie on the table; as follows: section (a). comparable positions in the United States On page 528, line 14, insert after ‘‘Arctic re- (2) ELEMENTS.—The report required by Federal civil service; gion’’ the following: ‘‘, as well as among the paragraph (1) shall include the followings: (3) assessing any changes in the margins Armed Forces’’. (A) A description of the assumptions re- described in paragraph (2) from the previous On page 528, line 23, insert after ‘‘ture,’’ the garding the increase to Qatar air force capa- year; following: ‘‘communications and domain bilities as a result of the sale. (4) assessing the extent to which any such awareness,’’. (B) A description of the assumptions re- changes described in paragraph (3) resulted On page 529, line 5, insert before the period garding items described in subparagraph (A) from modifications to the policies, proce- at the end the following: ‘‘, including by ex- as they may impact the preservation by dures, and assumptions described in para- ploring opportunities for sharing installa- Israel of a Qualitative Military Edge. graph (1); and tions and maintenance facilities’’. (C) An estimated timeline for final adju- (5) providing the views of the Secretary on dication of the decision to approve the sale. any such changes described in paragraph (3) SA 1782. MR. MCCONNELL (for Mr. (3) FORM.—The report required by para- and any such modifications described in TOOMEY) submitted an amendment in- graph (1) may be submitted in classified or paragraph (4). tended to be proposed by Mr. MCCON- unclassified form.

VerDate Sep 11 2014 06:00 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.075 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3840 CONGRESSIONAL RECORD — SENATE June 4, 2015 (4) APPROPRIATE COMMITTEES OF CONGRESS for military activities of the Depart- (1) MARITIME OFFENSES.—Section 2339A(a) DEFINED.—In this subsection, the term ‘‘ap- ment of Defense and for military con- of title 18, United States Code, is amended— propriate committees of Congress’’ means— struction, to prescribe military per- (A) by inserting ‘‘2280a,’’ after ‘‘2280,’’; and (A) the Committee on Armed Services, the sonnel strengths for such fiscal year, (B) by inserting ‘‘2281a,’’ after ‘‘2281,’’. Committee on Foreign Relations, and the (2) ACTS OF NUCLEAR TERRORISM.—Section Committee on Appropriations of the Senate; and for other purposes; which was or- 2339A(a) of such title, as amended by sub- and dered to lie on the table; as follows: section (a), is further amended by inserting (B) the Committee on Armed Services, the At the end of subtitle G of title X, add the ‘‘2332i,’’ after ‘‘2332f,’’. Committee on Foreign Affairs, and the Com- following: (d) WIRETAP AUTHORIZATION PREDICATES.— mittee on Appropriations of the House of SEC. 1085. AVOIDANCE OF COMMERCIAL AND (1) MARITIME OFFENSES.—Section 2516(1) of Representatives. SUBSISTENCE FISHERIES. title 18, United States Code, is amended— (a) IN GENERAL.—To the maximum extent (A) in paragraph (p), by striking ‘‘or’’ at SA 1784. Mr. KIRK (for himself and practicable, the Secretary of Defense shall— the end; and Mrs. GILLIBRAND) submitted an amend- (1) endeavor to conduct training exercises (B) in paragraph (q), by inserting ‘‘, section ment intended to be proposed to in a manner that minimizes impact on sub- 2280, 2280a, 2281, or 2281a (relating to mari- sistence and commercial fisheries and the amendment SA 1463 proposed by Mr. time safety),’’ after ‘‘weapons)’’. long term health of fish species and stocks; (2) ACTS OF NUCLEAR TERRORISM.—Section MCCAIN to the bill H.R. 1735, to author- and ize appropriations for fiscal year 2016 2516(1)(q) of such title, as amended by sub- (2) endeavor to schedule and locate train- section (a)(2), is further amended by insert- for military activities of the Depart- ing exercises outside of fishing grounds during ‘‘, 2332i,’’ after ‘‘2332h’’. ment of Defense and for military con- ing fishing seasons. struction, to prescribe military per- (b) CONSULTATION.— (1) REQUIREMENT.—Not later than 6 months SA 1787. Mr. SESSIONS submitted an sonnel strengths for such fiscal year, amendment intended to be proposed to and for other purposes; which was or- prior to the commencement of a training exercise subject to subsection (a), the Sec- amendment SA 1463 proposed by Mr. dered to lie on the table; as follows: retary of Defense shall consult with the Di- MCCAIN to the bill H.R. 1735, to author- In title V, insert after section 552 the fol- rector of the National Marine Fisheries Serv- ize appropriations for fiscal year 2016 lowing: ice, State and tribal fish and wildlife man- for military activities of the Depart- SEC. 552A. AUTHORITY FOR SPECIAL VICTIMS’ agers, fishery user groups, and Regional ment of Defense and for military con- COUNSEL TO PROVIDE LEGAL AS- Fishery Management Councils established struction, to prescribe military per- SISTANCE TO CIVILIAN INDIVIDUALS under section 302 of the Magnuson-Stevens WHO ARE VICTIMS OF ALLEGED SEX- Fishery Conservation and Management Act sonnel strengths for such fiscal year, RELATED OFFENSES. (16 U.S.C. 1852) with respect to the sched- and for other purposes; which was or- (a) IN GENERAL.—Chapter 53 of title 10, uling and location of the training exercise. dered to lie on the table; as follows: United States Code, is amended by inserting (2) NONAPPLICABILITY OF FACA.—A con- after section 1044e the following new section: At the end of subtitle C of title XII, add sultation pursuant to paragraph (1) shall not the following: ‘‘§ 1044f. Legal assistance for civilian individ- be subject to the requirements of the Federal uals who are victims of alleged sex-related SEC. 1242. SENSE OF CONGRESS ON IRAN NEGO- Advisory Committee Act (5 U.S.C. App.). TIATIONS. offenses: Special Victims’ Counsel; civilian (c) EXCEPTION FOR NATIONAL SECURITY.— counsel Subsection (a) shall not apply if the Sec- (a) FINDINGS.—Congress makes the following findings: ‘‘(a) ASSISTANCE THROUGH SPECIAL VICTIMS’ retary of Defense determines that applica- (1) President Obama has routinely spoken COUNSEL.—Special Victims’ Counsel des- tion of such subsection is not in the national ignated under section 1044e of this title may security interest of the Untied States. about a hard line when dealing with Iran on provide such legal assistance to a civilian in- (d) CONSTRUCTION.—Nothing in this section the subject of their nuclear program and re- dividual who is the victim of an alleged sex- may be construed to create any legal right lated sanctions. related offense in connection with such of- or provide a private right of action for any (2) March 5, 2012, in remarks after meeting fense as may be provided under subsection person. with Benjamin Netanyahu, President Obama (a) of section 1044 of this title to individuals stated: ‘‘. . . I reserve all options, and my eligible for legal assistance under that sub- SA 1786. Mr. GRASSLEY (for himself policy here is not going to be one of contain- section. and Mr. WHITEHOUSE) submitted an ment. My policy is prevention of Iran obtaining nuclear weapons. And as I indicated yes- ‘‘(b) ASSISTANCE THROUGH CIVILIAN COUN- amendment intended to be proposed to terday in my speech, when I say all options SEL.—The Secretary concerned may provide amendment SA 1463 proposed by Mr. are at the table, I mean it.’’ legal assistance, including representation in MCCAIN to the bill H.R. 1735, to author- legal proceedings, to a civilian individual (3) On September 25, 2012, in a speech to ize appropriations for fiscal year 2016 the United Nations General Assembly, Presi- who is the victim of an alleged sex-related for military activities of the Depart- offense in connection with such offense, in- dent Obama stated: ‘‘Make no mistake: A nu- cluding as follows: ment of Defense and for military con- clear-armed Iran is not a challenge that can ‘‘(1) Through the provision of such assist- struction, to prescribe military per- be contained. . .the United States will do ance through civilian counsel of the military sonnel strengths for such fiscal year, what we must to prevent Iran from obtaining department concerned. and for other purposes; which was or- a nuclear weapon.’’ ‘‘(2) Through payment or reimbursement of dered to lie on the table; as follows: (4) On April 2, 2015, in an address in the Rose Garden, President Obama stated that civilian counsel obtained by the civilian in- At the appropriate place, insert the fol- dividual in connection with such offense. ‘‘Iran has also agreed to the most robust and lowing: intrusive inspections and transparency re- ‘‘(c) REGULATIONS.—The Secretary of De- SEC. lll. ENHANCED PENALTIES AND OTHER fense and the Secretary of the Department in gime’’ and, ‘‘This deal was not based on TOOLS RELATED TO MARITIME OF- trust. It’s based on unprecedented which the Coast Guard is operating shall pre- FENSES AND ACTS OF NUCLEAR scribe regulations to carry out this section. TERRORISM. verification.’’ ‘‘(d) ALLEGED SEX-RELATED OFFENSE DE- (a) PENALTIES FOR MARITIME OFFENSES.— (5) Iran’s supreme leader, Ayatollah Ali FINED.—In this section, the term ‘alleged (1) PENALTIES FOR VIOLENCE AGAINST MARI- Khamenei, has routinely spoken out openly sex-related offense’ has the meaning given TIME NAVIGATION.—Section 2280a(a)(1) of title against the United States and any sanctions that term in section 1044e(g) of this title.’’. 18, United States Code, is amended, in the against Iran’s nuclear program and related (b) CLERICAL AMENDMENT.—The table of undesignated matter following subparagraph sanctions. sections at the beginning of chapter 53 of (E), by inserting ‘‘punished by death or’’ be- (6) April 9, 2015, in response to the nuclear such title is amended by inserting after the fore ‘‘imprisoned for any term’’. agreement, Ayatollah Ali Khamenei said: item relating to section 1044e the following (2) PENALTIES FOR OFFENSES AGAINST MARI- ‘‘Iran’s government and security forces new item: TIME FIXED PLATFORMS.—Section 2281a(a)(1) wouldn’t permit outside inspections of the country’s military sites, which are officially ‘‘1044f. Legal assistance for civilian individ- of such title is amended, in the undesignated nonnuclear but where United Nations inves- uals who are victims of alleged matter following subparagraph (C), by in- tigators suspect Tehran conducted tests re- sex-related offenses: Special serting ‘‘punished by death or’’ before ‘‘im- lated to atomic weapons development.’’ Victims’ Counsel; civilian coun- prisoned for any term’’. (7) On May 20, 2015, in a graduation speech sel.’’. (b) PENALTIES FOR ACTS OF NUCLEAR TER- RORISM.—Section 2332i(c) of title 18, United at the Imam Hussein Military University in Ms. MURKOWSKI submitted States Code, is amended to read as follows: Tehran, Ayatollah Ali Khamenei ruled out SA 1785. ‘‘allowing international inspectors to inter- an amendment intended to be proposed ‘‘(c) PENALTIES.—Any person who violates this section shall be punished as provided view Iranian nuclear scientists as part of any to amendment SA 1463 proposed by Mr. under section 2332a(a).’’. potential deal on its nuclear program’’, and MCCAIN to the bill H.R. 1735, to author- (c) PROVIDING MATERIAL SUPPORT TO TER- reiterated that the country ‘‘would not allow ize appropriations for fiscal year 2016 RORISTS PREDICATES.— the inspection of military sites’’.

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(b) SENSE OF CONGRESS.—It is the sense of Guantanamo Bay, Cuba, unless the criteria or waterways that encompass the United Congress that no negotiations should be al- set out in paragraphs (1) through (6) of sub- States Naval Station, Guantanamo Bay, lowed to continue with respect to a nuclear section (a) are met. Cuba, in effect on the date of the enactment agreement with Iran that does not include SEC. 10ll. PROHIBITION ON RELOCATION OF of this Act, unless— robust inspections and proper verification of MILITARY EQUIPMENT AND CAPA- (1) the President notifies Congress not all Iran’s nuclear programs, military instal- BILITIES FROM UNITED STATES later than 90 days prior to the proposed lations, and access to scientists and their re- NAVAL STATION, GUANTANAMO BAY, modification of such lease; and spective progress. CUBA, TO THE UNITED STATES OR OTHER COUNTRY IN THE CARIB- (2) after such notification, Congress enacts BEAN REGION. a law authorizing a modification of such SA 1788. Mr. MCCONNELL (for Mr. (a) LIMITATION.—No military equipment lease. RUBIO) submitted an amendment in- may be moved to any other United States (b) RETENTION.—The United States may tended to be proposed to amendment military facility to complete the same tasks not abandon any portion of the land or water SA 1463 proposed by Mr. MCCAIN to the conducted on, or from, the United States that contains the United States Naval Sta- bill H.R. 1735, to authorize appropria- Naval Station, Guantanamo Bay, Cuba, on tion, Guantanamo Bay, Cuba, unless— tions for fiscal year 2016 for military the date of the enactment of this Act. (1) the President notifies Congress not less than 90 days prior to the proposed abandon- activities of the Department of Defense (b) PRESERVATION OF OPERATIONAL CAPA- BILITIES.— ment of such land or water; and and for military construction, to pre- (1) IN GENERAL.—The United States may (2) after such notification, Congress enacts scribe military personnel strengths for not reduce the operational capabilities pro- a law authorizing such abandonment. such fiscal year, and for other pur- vided by assets operating aboard, or from, (c) NO NEW GRANT OF AUTHORITY.—This poses; which was ordered to lie on the the United States Naval Station, Guanta- section may not be construed to grant the table; as follows: namo Bay, Cuba, in support of meaningful President any authority not already provided by the Cuban Liberty and Democratic On page 474, between lines 19 and 20, insert defense activity. Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. the following: (2) INCLUDED CAPABILITIES.—Subsection (a) 6021 et seq.). (I) Future design and requirements of the applies to— replacement for the Ticonderoga class cruis- (A) the United States Coast Guard per- SA 1790. Mr. MCCONNELL (for Mr. er. sonnel and equipment supporting maritime operations in the vicinity of the United RUBIO) submitted an amendment in- SA 1789. Mr. MCCONNELL (for Mr. States Naval Station, Guantanamo Bay, tended to be proposed to amendment RUBIO) submitted an amendment in- Cuba, as for the date of the enactment of SA 1463 proposed by Mr. MCCAIN to the tended to be proposed to amendment this Act; and bill H.R. 1735, to authorize appropria- (B) civilian personnel who support military SA 1463 proposed by Mr. MCCAIN to the tions for fiscal year 2016 for military activities directly or otherwise, unless Con- activities of the Department of Defense bill H.R. 1735, to authorize appropria- gress enacts a law agreeing to move re- tions for fiscal year 2016 for military sources to a more suitable location which al- and for military construction, to pre- activities of the Department of Defense lows for comparable defense activity in the scribe military personnel strengths for and for military construction, to pre- region. such fiscal year, and for other pur- scribe military personnel strengths for SEC. 10ll. REQUIREMENT TO TEMPORARILY poses; which was ordered to lie on the such fiscal year, and for other pur- HOUSE MIGRANTS INTERCEPTED IN table; as follows: INTERNATIONAL WATERS BETWEEN poses; which was ordered to lie on the THE UNITED STATES AND THE CAR- At the end of subtitle D of title XII, add table; as follows: IBBEAN AT UNITED STATES NAVAL the following: At the end of subtitle D of title X, add the STATION, GUANTANAMO BAY, CUBA. SEC. 1040. PROHIBITION ON USE OF FUNDS FOR following: The United States may not use appro- PROGRAMS WHOSE PRIMARY FOCUS priated funds to move migrants intercepted IS CLOSURE OF THE TERRORIST DE- SEC. 10ll. LIMITATION OF THE TRANSFER OF TENTION FACILITY ABOARD NAVAL UNITED STATES NAVAL STATION, in the waters between the United States and any foreign country in the Caribbean region STATION GUANTANAMO BAY, CUBA. GUANTANAMO BAY, CUBA, TO THE None of the amounts authorized to be ap- GOVERNMENT OF CUBA. to a location other than the United States propriated by this Act or otherwise made (a) IN GENERAL.—No portion of the land or Naval Station, Guantanamo Bay, Cuba, un- water listed by Article I of the United less— available for fiscal year 2016 for the Depart- States-Cuba Agreements and Treaty of 1934 (1) the migrant may reasonably be re- ment of Defense may be obligated or ex- shall be transferred to the Government of turned to their country of origin; or pended for the purpose of funding personnel Cuba, unless— (2) uncontrollable circumstances do not or programs whose primary focus is facili- (1) a democratically-elected Government of allow for a safe transfer of migrants to the tating the closure of the terrorist detention Cuba and the United States Government mu- United States Naval Station, Guantanamo facility aboard Naval Station Guantanamo tually agree to new lease terms for such land Bay, Cuba. Bay, Cuba. or water; SEC. 10ll. LIMITATION IN THE REDUCTION OF Mr. MCCONNELL (for Mr. (2) the elections of the Government of Cuba MILITARY ACTIVITY ON OR IN THE SA 1791. were— WATERS NEAR UNITED STATES RUBIO) submitted an amendment in- (A) free and fair; NAVAL STATION, GUANTANAMO BAY, tended to be proposed to amendment CUBA. (B) conducted under internationally recog- SA 1463 proposed by Mr. MCCAIN to the The United States Naval Station, Guanta- nized observers; and namo Bay, Cuba shall continue to perform as bill H.R. 1735, to authorize appropria- (C) carried out so that opposition parties the logistical port for the Navy and Coast tions for fiscal year 2016 for military had ample time to organize and campaign Guard operating in the Caribbean Sea at activities of the Department of Defense using full access media available to every operational levels equal to or greater than and for military construction, to pre- candidate; such level on the date of the enactment of scribe military personnel strengths for (3) the Government of Cuba has committed this Act, unless— such fiscal year, and for other pur- itself to constitutional change that would (1) the Government of Cuba displays a le- ensure regular free and fair elections; poses; which was ordered to lie on the gitimate capacity to interdict narcotics traf- table; as follows: (4) the Government of Cuba has made a ficking throughout the international water- public commitment to respect, and is re- ways surrounding Cuba; At the end of subtitle C of title XXVIII, specting, internationally recognized human (2) the Government of Cuba has an estab- add the following: rights and basic democratic freedoms; lished maritime authority capable of in- SEC. 2822. LAND EXCHANGE, NAVY OUTLYING (5) the President certifies to Congress that specting cargo and safeguarding ships tra- LANDING FIELD, NAVAL AIR STA- Cuba is no longer a state sponsor of ter- versing the international waterways near TION, WHITING FIELD, FLORIDA. rorism and no longer harbors members of the United States Naval Station, Guanta- (a) LAND EXCHANGE AUTHORIZED.—The Sec- recognized foreign terrorist organizations; namo Bay, Cuba; and retary of the Navy may convey to Escambia and (3) the Government of Cuba displays the County, Florida (in this section referred to (6) the Secretary of Defense certifies that capacity to interdict human traffickers oper- as the ‘‘County’’), all right, title, and inter- the United States Naval Station, Guanta- ating throughout the waterways surrounding est of the United States in and to a parcel of namo Bay, Cuba, is inconsequential to Cuba. real property, including any improvements United States national security or to the op- thereon, containing Navy Outlying Landing SEC. 10ll. LIMITATION ON MODIFICATION OR eration of the Navy and the Coast Guard in ABANDONMENT OF LEASED LAND Field Site 8 in Escambia County associated the Caribbean Sea. AND WATER CONTAINING UNITED with Naval Air Station, Whiting Field, Mil- (b) CONTINUATION OF CURRENT LEASE.—It STATES NAVAL STATION, GUANTA- ton, Florida. shall be the policy of the United States to NAMO BAY, CUBA. (b) LAND TO BE ACQUIRED.—In exchange for continue to lease the land or waterways that (a) LIMITATION.—The United States may the property described in subsection (a), the encompass the United States Naval Station, not modify the 45 square mile lease of land County shall convey to the Secretary of the

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Mr. SANDERS submitted an Santa Rosa County, Florida, that is accept- mediate-Range and Shorter-Range Missiles, amendment intended to be proposed to able to the Secretary and suitable for use as signed at Washington December 8, 1987, and amendment SA 1463 proposed by Mr. a Navy outlying landing field to replace entered into force June 1, 1988 (commonly re- MCCAIN to the bill H.R. 1735, to author- Navy Outlying Landing Field Site 8. ferred to as the ‘‘Intermediate-Range Nu- (c) PAYMENT OF COSTS OF CONVEYANCE.— clear Forces Treaty’’ or ‘‘INF Treaty’’); ize appropriations for fiscal year 2016 (1) PAYMENT REQUIRED.—The Secretary of (2) the Treaty between the United States of for military activities of the Depart- the Navy shall require the County to cover America and the Russian Federation on ment of Defense and for military con- costs to be incurred by the Secretary, or to Measures for the Further Reduction and struction, to prescribe military per- reimburse the Secretary for such costs in- Limitation of Strategic Offensive Arms, sonnel strengths for such fiscal year, curred by the Secretary, to carry out the signed on April 8, 2010, and entered into force and for other purposes; which was or- land exchange under this section, including on February 5, 2011 (commonly referred to as dered to lie on the table; as follows: survey costs, costs for environmental docu- the ‘‘New START Treaty’’); At the end of title X, add the following: mentation, other administrative costs re- (3) its obligations under the Presidential lated to the land exchange, and all costs as- Nuclear Initiatives agreed to by President Subtitle H—Commission on Privacy Rights in sociated with relocation of activities and fa- George H.W. Bush and President Boris the Digital Age cilities from Navy Outlying Landing Field Yeltsin; and SEC. 1091. SHORT TITLE. Site 8 to the replacement location. If (4) its obligations (as the United States de- This subtitle may be cited as the ‘‘Com- amounts are collected from the County in fines those obligations) under the Com- mission on Privacy Rights in the Digital Age advance of the Secretary incurring the ac- prehensive Nuclear Test Ban Treaty, adopted Act of 2015’’. tual costs, and the amount collected exceeds by the United Nations General Assembly on SEC. 1092. FINDINGS. the costs actually incurred by the Secretary September 10, 1996. Congress makes the following findings: to carry out the land exchange, the Sec- (b) APPROPRIATE CONGRESSIONAL COMMIT- (1) Today, technology that did not exist 30 retary shall refund the excess amount to the TEES DEFINED.—In this section, the term years ago pervades every aspect of life in the County. ‘‘appropriate congressional committees’’ United States. (2) TREATMENT OF AMOUNTS RECEIVED.— means the following: (2) Nearly 2⁄3 of adults in the United States Amounts received as reimbursement under (1) The congressional defense committees. own a smartphone, and 43 percent of adults paragraph (1) shall be credited to the fund or (2) The Committee on Foreign Relations of in the United States rely solely on their cell account that was used to cover those costs the Senate and the Committee on Foreign phone for telephone use. incurred by the Secretary in carrying out Affairs of the House of Representatives. (3) 84 percent of households in the United the land exchange. Amounts so credited shall States own a computer and 73 percent of be merged with amounts in such fund or ac- SA 1793. Mr. MENENDEZ submitted households in the United States have a com- count, and shall be available for the same an amendment intended to be proposed puter with an Internet broadband connec- purposes, and subject to the same conditions to amendment SA 1463 proposed by Mr. tion. and limitations, as amounts in such fund or (4) Federal policies on privacy protection account. MCCAIN to the bill H.R. 1735, to author- have not kept pace with the rapid expansion (d) DESCRIPTION OF PROPERTY.—The exact ize appropriations for fiscal year 2016 of technology. acreage and legal description of the property for military activities of the Depart- (5) Innovations in technology have led to to be exchanged under this section shall be ment of Defense and for military con- the exponential expansion of data collection determined by surveys satisfactory to the struction, to prescribe military per- by both the public and private sectors. Secretary of the Navy. sonnel strengths for such fiscal year, (6) Consumers are often unaware of the col- (e) CONVEYANCE AGREEMENT.—The ex- lection of their data and how their informa- change of real property under this section and for other purposes; which was ordered to lie on the table; as follows: tion can be collected, bought, and sold by shall be accomplished using a quit claim private companies. deed or other legal instrument and upon At the end of subtitle G of title XII, add SEC. 1093. PURPOSE. terms and conditions mutually satisfactory the following: The purpose of this subtitle is to establish, to the Secretary of the Navy and the County, SEC. 1283. CONGRESSIONAL OVERSIGHT OF CI- for a 2-year period, a Commission on Privacy including such additional terms and condi- VILIAN NUCLEAR COOPERATION Rights in the Digital Age to— tions as the Secretary considers appropriate AGREEMENTS. (1) examine— to protect the interests of the United States. (a) THIRTY-YEAR LIMIT ON NUCLEAR EX- (A) the ways in which public agencies and PORTS.— private companies gather data on the people SA 1792. Mr. MCCONNELL (for Mr. (1) IN GENERAL.—Notwithstanding any of the United States; and RUBIO) submitted an amendment in- other provision of law, no funds may be used (B) the ways in which that data is utilized, tended to be proposed to amendment to implement any aspect of an agreement for either internally or externally; and SA 1463 proposed by Mr. MCCAIN to the civil nuclear cooperation pursuant to section (2) make recommendations concerning po- bill H.R. 1735, to authorize appropria- 123 of the Atomic Energy Act of 1954 (42 tential policy changes needed to safeguard tions for fiscal year 2016 for military U.S.C. 2153) after the date that is 30 years the privacy of the people of the United activities of the Department of Defense after the date of entry into force of such States. agreement unless— and for military construction, to pre- SEC. 1094. COMPOSITION OF THE COMMISSION. (A) the President, within the final five (a) ESTABLISHMENT.—To carry out the pur- scribe military personnel strengths for years of the agreement, has certified to the pose of this subtitle, there is established in such fiscal year, and for other pur- Committee on Foreign Relations of the Sen- the legislative branch a Commission on Pri- poses; which was ordered to lie on the ate and the Committee on Foreign Affairs of vacy Rights in the Digital Age (in this sub- table; as follows: the House of Representatives that the party title referred to as the ‘‘Commission’’). At the end of subtitle B of title XXXI, add to such agreement has continued to fulfill (b) COMPOSITION.—The Commission shall be the following: the terms and conditions of the agreement composed of 12 members, as follows: and that the agreement continues to be in SEC. 3124. PROHIBITION ON AVAILABILITY OF (1) Four members appointed by the Presi- FUNDS FOR PROVISION OF DEFENSE the interest of the United States; and dent, of whom— NUCLEAR NONPROLIFERATION AS- (B) Congress enacts a joint resolution per- (A) 2 shall be appointed from the executive SISTANCE TO RUSSIAN FEDERATION. mitting the continuation of the agreement branch of the Government; and (a) PROHIBITION.—None of the funds author- for an additional period of not more than 30 (B) 2 shall be appointed from private life. ized to be appropriated by this Act or other- years. (2) Two members appointed by the major- wise made available for fiscal year 2016 for (2) EXCEPTIONS.—The restriction in para- ity leader of the Senate, of whom— defense nuclear nonproliferation activities, graph (1) shall not apply to— (A) 1 shall be a Member of the Senate; and and none of the funds authorized to be appro- (A) any agreement that had entered into (B) 1 shall be appointed from private life. priated for defense nuclear nonproliferation force as of August 1, 2015; (3) Two members appointed by the minor- activities for any fiscal year before fiscal (B) any agreement with the Taipei Eco- ity leader of the Senate, of whom— year 2016 that are available for obligation as nomic and Cultural Representative Office in (A) 1 shall be a Member of the Senate; and of the date of the enactment of this Act, may the United States (TECRO), or the Inter- (B) 1 shall be appointed from private life. be obligated or expended to enter into a con- national Atomic Energy Agency; or (4) Two members appointed by the Speaker tract with, or otherwise provide assistance (C) any amendment to an agreement de- of the House of Representatives, of whom— to, the Russian Federation until the Presi- scribed in subparagraph (A) or (B). (A) 1 shall be a Member of the House; and dent certifies to the appropriate congres- (b) APPLICABLE LAW.—Each proposed ex- (B) 1 shall be appointed from private life. sional committees that the Russian Federa- port pursuant to an agreement described (5) Two members appointed by the minor- tion is in compliance with— under this section shall be subject to United ity leader of the House of Representatives, of (1) the Treaty between the United States of States laws and regulations in effect at the whom— America and the Union of Soviet Socialist time of each such export. (A) 1 shall be a Member of the House; and

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(c) CHAIRPERSON.—The Commission shall court for the judicial district in which the (a) IN GENERAL.— elect a Chairperson and Vice-Chairperson subpoenaed person resides, is served, or may (1) APPOINTMENT AND COMPENSATION.—The from among its members. be found, or where the subpoena is return- Chairperson, in consultation with the Vice (d) MEETINGS; QUORUM; VACANCIES.— able, may issue an order requiring such per- Chairperson and in accordance with rules (1) MEETINGS.—After its initial meeting, son to appear at any designated place to tes- agreed upon by the Commission, may ap- the Commission shall meet upon the call of tify or to produce documentary or other evi- point and fix the compensation of an execu- the Chairperson or a majority of its mem- dence. tive director and such other personnel as bers. (ii) CONTEMPT OF COURT.—Any failure to may be necessary to enable the Commission (2) QUORUM.—Seven members of the Com- obey the order of the court under clause (i) to carry out the functions of the Commis- mission shall constitute a quorum. may be punished by the court as a contempt sion, without regard to the provisions of (3) VACANCIES.—Any vacancy in the Com- of that court. title 5, United States Code, governing ap- mission shall not affect its powers but shall (3) WITNESS ALLOWANCES AND FEES.— pointments in the competitive service, and be filled in the same manner in which the (A) IN GENERAL.—Section 1821 of title 28, without regard to the provisions of chapter original appointment was made. United States Code, shall apply to witnesses 51 and subchapter III of chapter 53 of that (e) APPOINTMENT OF MEMBERS; INITIAL requested or subpoenaed to appear at any title relating to classification and General MEETING.— hearing of the Commission. Schedule pay rates, except that no rate of (1) APPOINTMENT OF MEMBERS.—Each mem- (B) SOURCE OF FUNDS.—The per diem and pay fixed under this paragraph may exceed ber of the Commission shall be appointed not mileage allowances for witnesses shall be the equivalent of that payable for a position later than 60 days after the date of enact- paid from funds available to pay the ex- at level V of the Executive Schedule under ment of this Act. penses of the Commission. section 5316 of title 5, United States Code. (2) INITIAL MEETING.—On or after the date (b) CONTRACTING.—The Commission may, (2) PERSONNEL AS FEDERAL EMPLOYEES.— on which all members of the Commission to such extent and in such amounts as are (A) IN GENERAL.—The executive director have been appointed, and not later than 60 provided in appropriations Acts, enter into and any personnel of the Commission who days after the date of enactment of this Act, contracts to enable the Commission to dis- are employees shall be employees under sec- the Commission shall hold its initial meet- charge its duties under this subtitle. tion 2105 of title 5, United States Code, for ing. (c) INFORMATION FROM FEDERAL AGEN- purposes of chapters 63, 81, 83, 84, 85, 87, 89, SEC. 1095. DUTIES OF THE COMMISSION. CIES.— 89A, 89B, and 90 of that title. The Commission shall— (1) IN GENERAL.—The Commission may se- (B) MEMBERS OF COMMISSION.—Subpara- (1) conduct an investigation of relevant cure directly from any Federal department graph (A) shall not be construed to apply to facts and circumstances relating to the ex- or agency such information as the Commis- members of the Commission. pansion of data collection practices in the sion considers necessary to carry out this (b) DETAILEES.—Any Federal Government public, private, and national security sec- subtitle. employee may be detailed to the Commission tors, including implications for— (2) FURNISHING OF INFORMATION.—If the without reimbursement from the Commis- (A) surveillance; Chairperson, the chairperson of any sub- sion, and such detailee shall retain the (B) political, civil, and commercial rights committee created by a majority of the rights, status, and privileges of his or her of individuals and corporate entities; Commission, or any member designated by a regular employment without interruption. (C) employment practices, including hiring majority of the Commission submits to a (c) CONSULTANT SERVICES.—The Commis- and firing; and Federal department or agency a request for sion may procure the services of experts and (D) credit availability and reporting; and information under paragraph (1), the head of consultants in accordance with section 3109 (2) submit to the President and Congress the department or agency shall, to the ex- of title 5, United States Code, but at rates reports containing findings, conclusions, and tent authorized by law, furnish the informa- not to exceed the daily rate paid a person oc- recommendations for corrective measures re- tion directly to the Commission. cupying a position at level IV of the Execu- lating to the facts and circumstances inves- (3) RECEIPT, HANDLING, STORAGE, AND DIS- tive Schedule under section 5315 of that title. tigated under paragraph (1), in accordance SEMINATION.—Information furnished under SEC. 1099. COMPENSATION AND TRAVEL EX- with section 1099B. paragraph (2) shall only be received, handled, PENSES. stored, and disseminated by members of the (a) COMPENSATION.—Each member of the SEC. 1096. POWERS OF THE COMMISSION. Commission and its staff consistent with all Commission who is not an officer or em- (a) IN GENERAL.— applicable statutes, regulations, and execu- ployee of the Federal Government may be (1) HEARINGS AND EVIDENCE.—The Commis- tive orders. compensated at not to exceed the daily sion or, at its direction, any subcommittee (d) ASSISTANCE FROM FEDERAL AGENCIES.— equivalent of the annual rate of basic pay in or member of the Commission, may, for the (1) GENERAL SERVICES ADMINISTRATION.— effect for a position at level IV of the Execu- purpose of carrying out this subtitle— The Administrator of General Services shall tive Schedule under section 5315 of title 5, (A) hold such hearings, sit and act at such provide to the Commission on a reimburs- United States Code, for each day during times and places, take such testimony, re- able basis administrative support and other which that member is engaged in the actual ceive such evidence, and administer such services for the performance of the Commis- performance of the duties of the Commis- oaths as the Commission or such sub- sion’s functions. sion. committee or member determines advisable; (2) OTHER DEPARTMENTS AND AGENCIES.—In (b) TRAVEL EXPENSES.—While away from and addition to the assistance provided under their homes or regular places of business in (B) subject to paragraph (2)(A), require, by paragraph (1), departments and agencies of the performance of services for the Commis- subpoena or otherwise, the attendance and the United States may provide to the Com- sion, members of the Commission shall be al- testimony of such witnesses and the produc- mission such services, funds, facilities, staff, lowed travel expenses, including per diem in tion of such books, records, correspondence, and other support services as the depart- lieu of subsistence, in the same manner as memoranda, papers, documents, tapes, and ments and agencies may determine advisable persons employed intermittently in the Gov- materials as the Commission or such sub- and as authorized by law. ernment service are allowed expenses under committee or member determines advisable. (e) POSTAL SERVICES.—The Commission section 5703 of title 5, United States Code. (2) SUBPOENAS.— may use the United States mails in the same SEC. 1099A. SECURITY CLEARANCES FOR COM- (A) ISSUANCE.— manner and under the same conditions as a MISSION MEMBERS AND STAFF. (i) IN GENERAL.—A subpoena may be issued department or agency of the United States. The appropriate departments or agencies under paragraph (1) only— SEC. 1097. NONAPPLICABILITY OF FEDERAL AD- of the Federal Government shall cooperate (I) by the agreement of the Chairperson VISORY COMMITTEE ACT. with the Commission in expeditiously pro- and the Vice Chairperson; or (a) IN GENERAL.—The Federal Advisory viding to the members and staff of the Com- (II) by the affirmative vote of 8 members of Committee Act (5 U.S.C. App.) shall not mission appropriate security clearances to the Commission. apply to the Commission. the extent possible under applicable proce- (ii) SIGNATURE.—Subject to clause (i), a (b) PUBLIC MEETINGS AND RELEASE OF PUB- dures and requirements, and no person shall subpoena issued under paragraph (1) may— LIC VERSIONS OF REPORTS.—The Commission be provided with access to classified infor- (I) be issued under the signature of— shall— mation under this subtitle without the ap- (aa) the Chairperson; or (1) hold public hearings and meetings to propriate security clearances. (bb) a member designated by a majority of the extent appropriate; and SEC. 1099B. REPORTS OF COMMISSION; TERMI- the Commission; and (2) release public versions of the reports re- NATION. (II) be served by— quired under subsections (a) and (b) of sec- (a) INTERIM REPORTS.—The Commission (aa) any person designated by the Chair- tion 1099B. shall submit to the President and Congress person; or (c) PUBLIC HEARINGS.—Any public hearing interim reports containing such findings, (bb) a member designated by a majority of of the Commission shall be conducted in a conclusions, and recommendations for cor- the Commission. manner consistent with the protection of in- rective measures as have been agreed to by a (B) ENFORCEMENT.— formation provided to or developed for or by majority of Commission members. (i) IN GENERAL.—In the case of contumacy the Commission as required by any applica- (b) FINAL REPORT.—Not later than 2 years or failure to obey a subpoena issued under ble statute, regulation, or executive order. after the date of enactment of this Act, the

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.084 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3844 CONGRESSIONAL RECORD — SENATE June 4, 2015 Commission shall submit to the President Committee on Intelligence be author- DEFENDING PUBLIC SAFETY and Congress a final report containing such ized to meet during the session of the EMPLOYEES’ RETIREMENT ACT findings, conclusions, and recommendations Senate on June 4, 2015, at 2:30 p.m. for corrective measures as have been agreed Mr. MCCONNELL. Mr. President, I to by a majority of Commission members. The PRESIDING OFFICER. Without ask unanimous consent that the Com- (c) CLASSIFIED INFORMATION.—Each report objection, it is so ordered. mittee on Finance be discharged from submitted under subsection (a) or (b) shall be SUBCOMMITTEE ON AFRICA AND GLOBAL HEALTH further consideration of H.R. 2146 and in unclassified form, but may include a clas- POLICY the Senate proceed to its immediate sified annex. consideration. (d) TERMINATION.— Mr. THUNE. Mr. President, I ask The PRESIDING OFFICER. Without (1) IN GENERAL.—The Commission, and all unanimous consent that the Com- the authorities under this subtitle, shall ter- mittee on Foreign Relations Sub- objection, it is so ordered. minate 60 days after the date on which Com- committee on Africa and Global Health The clerk will report the bill by title. mission submits the final report under sub- Policy be authorized to meet during The legislative clerk read as follows: section (b). the session of the Senate on June 4, A bill (H.R. 2146) to amend the Internal Revenue Code of 1986 to allow Federal law (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- 2015, at 10 a.m., to conduct a hearing MINATION.—The Commission may use the 60- enforcement officers, firefighters, and air day period referred to in paragraph (1) for entitled ‘‘Security Assistance in Afri- traffic controllers to make penalty-free the purpose of concluding its activities, in- ca.’’ withdrawals from governmental plans after cluding providing testimony to committees The PRESIDING OFFICER. Without age 50, and for other purposes. of Congress concerning its reports and dis- objection, it is so ordered. There being no objection, the Senate seminating the final report. SUBCOMMITTEE ON OVERSIGHT, AGENCY ACTION, proceeded to consider the bill. SEC. 1099C. FUNDING. FEDERAL RIGHTS, AND FEDERAL COURTS Mr. MCCONNELL. Mr. President, I (a) AUTHORIZATION OF APPROPRIATIONS.— Mr. THUNE. Mr. President, I ask ask unanimous consent that the There are authorized to be appropriated such Toomey amendment at the desk be sums as are necessary to carry out this sub- unanimous consent that the Com- title. mittee on the Judiciary, Sub- agreed to, the bill, as amended, be read (b) DURATION OF AVAILABILITY.—Amounts committee on Oversight, Agency Ac- a third time and passed, and the mo- made available to the Commission under tion, Federal Rights, and Federal tion to reconsider be laid upon the subsection (a) shall remain available until Courts be authorized to meet during table. the termination of the Commission. the session of the Senate on June 4, The PRESIDING OFFICER. Without f 2015, at 2 p.m., in room SD–226 of the objection, it is so ordered. The amendment (No. 1782) was agreed AUTHORITY FOR COMMITTEES TO Dirksen Senate Office Building, to con- to, as follows: MEET duct a hearing entitled ‘‘Rewriting the (Purpose: To change the effective date) COMMITTEE ON AGRICULTURE, NUTRITION, AND Law: Examining the Process That Led On page 3, strike lines 9 through 11 and in- FORESTRY to the ObamaCare Subsidy Rule.’’ The PRESIDING OFFICER. Without sert the following: Mr. THUNE. Mr. President, I ask (d) EFFECTIVE DATE.—The amendments unanimous consent that the Com- objection, it is so ordered. made by this section shall apply to distribu- mittee on Agriculture, Nutrition, and SUBCOMMITTEE ON REGULATORY AFFAIRS AND tions after December 31, 2015. Forestry be authorized to meet during FEDERAL MANAGEMENT The amendment was ordered to be the session of the Senate on June 4, Mr. THUNE. Mr. President, I ask engrossed, and the bill to be read a 2015, at 10:15 a.m., in room S–240 of the unanimous consent that the Sub- third time. Capitol Building. committee on Regulatory Affairs and The bill was read the third time. The PRESIDING OFFICER. Without Federal Management of the Committee The bill (H.R. 2146), as amended, was objection, it is so ordered. on Homeland Security and Govern- passed. COMMITTEE ON BANKING, HOUSING, AND URBAN mental Affairs be authorized to meet f AFFAIRS during the session of the Senate on Mr. THUNE. Mr. President, I ask ORDERS FOR MONDAY, JUNE 8, June 4, 2015, at 1:15 p.m., to conduct a 2015 unanimous consent that the Com- hearing entitled, ‘‘Examining Practical mittee on Banking, Housing, and Solutions to Improve the Federal Reg- Mr. MCCONNELL. Mr. President, I Urban Affairs be authorized to meet ulatory Process.’’ ask unanimous consent that when the during the session of the Senate on The PRESIDING OFFICER. Without Senate completes its business today, it June 4, 2015, at 10 a.m., to conduct a objection, it is so ordered. adjourn until 3 p.m. on Monday, June 8; hearing entitled ‘‘Oversight of the Ex- that following the prayer and pledge, port-Import Bank of the United the morning hour be deemed expired, f States.’’ the Journal of proceedings be approved The PRESIDING OFFICER. Without to date, and the time for the two lead- objection, it is so ordered. PRIVILEGES OF THE FLOOR ers be reserved for their use later in COMMITTEE ON COMMERCE, SCIENCE, AND Mr. BARRASSO. Mr. President, I ask the day; that following leader remarks, TRANSPORTATION unanimous consent that MAJ Justin the Senate be in a period of morning Mr. THUNE. Mr. President, I ask Gorkowski, a U.S. Army fellow for the business for up to 1 hour, with Senators unanimous consent that the Com- office of Senator ROY BLUNT, be grant- permitted to speak therein for up to 10 mittee on Commerce, Science, and ed floor privileges throughout the du- minutes each; and that following morn- Transportation be authorized to meet ration of consideration of H.R. 1735, the ing business, the Senate resume consid- during the session of the Senate on National Defense Authorization Act. eration of H.R. 1735. June 4, 2015, at 10:15 a.m., in room S–216 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without of the Capitol Building. objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. Mrs. GILLIBRAND. Mr. President, I f COMMITTEE ON THE JUDICIARY ask unanimous consent that my na- PROGRAM tional security fellow, Robert Mr. THUNE. Mr. President, I ask Mr. MCCONNELL. Mr. President, unanimous consent that the Com- Palladino, be given floor privileges there will be no rollcall votes during mittee on the Judiciary be authorized through the end of this Congress. Monday’s session of the Senate. Sen- to meet during the session of the Sen- The PRESIDING OFFICER. Without ators should expect votes around ate on June 4, 2015, at 9:30 a.m., in objection, it is so ordered. lunchtime on Tuesday. Ms. MURKOWSKI. Mr. President, I room SD–226 of the Dirksen Senate Of- f fice Building. ask unanimous consent that my in- The PRESIDING OFFICER. Without terns, Jasper MacNaughton and Holly ORDER FOR ADJOURNMENT objection, it is so ordered. O’Brien, be granted the privilege of the Mr. MCCONNELL. Mr. President, if SELECT COMMITTEE ON INTELLIGENCE floor for the remainder of the day. there is no further business to come be- Mr. THUNE. Mr. President, I ask The PRESIDING OFFICER. Without fore the Senate, I ask unanimous con- unanimous consent that the Select objection, it is so ordered. sent that it stand adjourned under the

VerDate Sep 11 2014 06:00 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A04JN6.084 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3845 previous order, following the remarks that are authorized by this bill are so been impressed with the work I have of Senator COLLINS and Senator SUL- critical. We simply need more ships to seen them do in case management of LIVAN. be where we want to be in the world chronic diseases such as diabetes. The PRESIDING OFFICER. Without when we want to be and need to be This bill also directs the Pentagon to objection, it is so ordered. there. The Navy’s plan shows that un- rein in or eliminate unnecessary, The Senator from Maine. less we make the investments that are wasteful spending. It cuts headquarters f needed, our fleet will continue to and administrative costs by 7.5 percent shrink and, thus, jeopardize our na- in the year 2016. In this time of budget NATIONAL DEFENSE tional security. constraints, we owe it to taxpayers to AUTHORIZATION ACT This bill also maintains investments assess every efficiency and use every Ms. COLLINS. Mr. President, I rise in our public shipyards, which are an- cost-saving measure, while also con- this evening in support of the fiscal other set of strategic facilities in our tinuing to ensure the security of our year 2016 National Defense Authoriza- national security arsenal. Nation. tion Act, which provides our soldiers, Recently, I had the honor of hosting Finally, I wish to thank the com- sailors, airmen, and marines with the our Secretary of Labor, Thomas Perez, mittee for making the right decision in critical resources they require to meet in Maine. We visited and were so im- rejecting the President’s proposal to our critical national security missions. pressed by the very successful appren- authorize a new base realignment and Let me begin by expressing my sin- ticeship program at the Portsmouth closure round in 2016. I have been cere gratitude to both the chairman, Naval Shipyard in Kittery, ME. The through BRAC rounds, and they have Senator MCCAIN, and the ranking mem- shipyard in Kittery is one of only four required significant costs and have ber, Senator REED, for tackling many remaining public naval shipyards, and failed to deliver on the promised savings, as has been documented by the of the complex and challenging issues it is renowned for its skilled and dedi- Government Accountability Office— facing our Nation and our military. cated workforce that is helping our Na- During my time in the Senate, I have GAO. tion transition from the Los Angeles This bill would also better tailor the never been more concerned about glob- Class to the Virginia Class submarines. al instability and the threats posed to HUBZone Program to meet the needs This bill also provides the resources of communities affected by the closure our country by radical Islamic extrem- necessary to help our allies and part- of U.S. military installations through ists. We must work together to ensure ners around the world. When Hamas the previous BRAC process. The provi- our collective defense and this bill puts fired more than 3,000 rockets into sions included in the bill are drawn us on the path to doing so. Israel last summer, the value of U.S.- from the HUBZone Expansion Act that The legislation affirms the strategic Israeli cooperative missile defense pro- I authored with my colleague Senator importance of our Navy and ship- grams became crystal clear. KING. building programs by fully funding the During those countless attacks, it I urge support of this highly signifi- DDG 1000 Program and authorizing $400 was the Iron Dome missile defense sys- cant legislation. I am pleased to have million in incremental funding author- tem developed in Israel, with coopera- worked with the members of the com- ity toward an additional DDG 51 be- tion and assistance from the United mittee on which I have served for so yond those included in the current States, that saved countless civilian many years. Again, I congratulate the multiyear procurement contract. This lives. leaders of the committee and the mem- additional ship is very much needed by In addition, this bill continues to im- bers of the committee for their excel- our Navy and it would fulfill the terms prove and strengthen the military’s re- lent work. of a 2002 swap agreement between the sponse to sexual assault. How well I re- Thank you, Mr. President. two major shipbuilders regarding the member at an Armed Services sub- I yield the floor. construction of large surface combat- committee hearing a decade ago when I The PRESIDING OFFICER. The Sen- ants. Both my colleague Senator first raised the issue of sexual assault ator from Alaska. ANGUS KING and I advocated for these in the military, and how dismissive the f critical provisions. reply was of GEN George Casey. Fortu- NATIONAL DEFENSE AUTHORIZA- I am so proud of the highly skilled nately, that attitude has changed, and TION ACT AND THE ECONOMY and hard-working men and women of in the last 2 years, significant reforms Bath Iron Works in my State who con- have been implemented to help combat Mr. SULLIVAN. Mr. President, I rise struct these ships for the Navy. The these crimes and improve services and in support of the National Defense Au- DDG 1000 is the lead ship of its class. It care for the survivors of sexual assault. thorization Act. This is a bipartisan will bolster our ability to project Still, the work of translating the bill that will provide our servicemem- power. It promises to deliver a wide military’s stated policy of zero toler- bers with the funding they need to con- array of cutting-edge innovations such ance into reality remains unfinished tinue to keep our country safe. Over the last 5 months, we have had as stealth technology, electric propul- business. Key provisions in this year’s numerous senior military officials, sen- sion, and a smaller crew size. bill build upon the past reforms we ior military officers, and foreign policy Our destroyers are the workhorses of have made by improving the protec- experts talk to the Senate Armed Serv- the Navy. Recently, the Bath-built tions for victims of sexual assault, en- ices Committee on which I serve about USS Farragut, which I was honored to hancing confidential reporting options, the significant challenges that our christen almost 10 years ago, was dis- and expanding the authority of special country faces. The senior Senator from patched to the Strait of Hormuz after victims’ counsel to assist the survivors Arizona talked about this very elo- Iranian naval forces harassed commer- of sexual assault. The Department of quently today on the floor about ISIL, cial vessels transiting the area. The Defense must, however, do more to a resurgent Russia, North Korea with USS Farragut escorted U.S.-flagged eliminate, once and for all, retaliation nuclear weapons, and this NDAA bill ships through the Strait, projecting against the victims of sexual assault that we are now debating on the floor American power and sending a strong who come forward to report these focuses on addressing these challenges. signal to enemies and allies alike that crimes. It also makes important moderniza- the U.S. Navy is prepared and ready to To further support our men and tions to our investments with regard to respond to acts of aggression. women in uniform, this bill rejects a military weapons, cuts bureaucratic Our Navy fleet provides the robust provision proposed by the administra- redtape at the Pentagon, and ensures forward presence our Nation requires tion that would consolidate TRICARE that our Armed Forces remain the to respond not only to acts of aggres- and limit care options for servicemem- most agile and lethal in the world. It sion but to humanitarian disasters as bers and their families. This bill pre- upholds our commitments to our serv- well as to protect critical trade groups serves the U.S. Family Health Plan, icemembers, to their families, to mili- that facilitate global commerce and se- which serves as a model of high-quality tary retirees, and to their families. curity. The power of presence cannot and cost-effective care. This program It is remarkable that right now, as be taken for granted or ignored, which has been extremely successful and pop- we debate this bill—this critically im- is why the investments in our Navy ular among enrollees in Maine. I have portant bill on the Senate floor—the

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.073 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3846 CONGRESSIONAL RECORD — SENATE June 4, 2015 President of the United States has al- that almost never gets talked about, dent Clinton and the first term of ready come out and said he is going to and in some ways it is the biggest President Bush it was 3.5 to 4 percent likely veto it if it is in its current threat that our Nation faces. GDP growth. form. He is going to veto the NDAA. I am talking about our economy. I (Mr. PERDUE assumed the Chair.) Think about that. One of the most imam talking about the need for a strong My colleague from Louisiana, who portant things we are doing to take economy. Our economy is one of the was just presiding, wrote a recent ex- care of our troops, and the President is most critical elements of our national cellent article in the Wall Street Jour- threatening a veto. Now, during the security. A strong robust economy is nal. markup of this bill, many Members on our best defense. We have the greatest Mr. President, I ask unanimous con- the other side of the aisle—our col- military in the world, no doubt—the sent that article be printed in the leagues—also threatened to work on most professional military force in the RECORD. the amendments but to not vote for the world, no doubt. We have built this up There being no objection, the material was ordered to be printed in the bill. They were all going to vote over decades. But we built this up and RECORD, as follows: against the bill. But we stood firm—the we have it because for decades we have chairman and other members of the had a strong economy. For decades we [From the Wall Street Journal, Apr. 30, 2015] committee—and said: This is not the have had the most innovative, robust DISMAL GROWTH NEEDS THE 3.5% SOLUTION kind of bill we play politics with. This economy in the world. THE STEPS TO SPURRING THE ECONOMY INCLUDE ALLOWING OIL EXPORTS AND NOT TAXING RE- is not the kind of bill we try to make A strong economy is our best weapon PATRIATED OVERSEAS PROFITS against those who would do us harm. A political points on. This is a bill that (By Bill Cassidy and Louis Woodhill) funds our troops, that funds the de- strong economy means more peace, On Wednesday the Commerce Department fense of our Nation. Guess what hap- more security, and more prosperity. announced that first-quarter growth of gross pened. They got the message. Only four When America is strong, when it is domestic product was a dismal 0.2%. Fol- members of the Senate Armed Services working, when it is producing, when lowing fourth-quarter GDP growth in 2014 of Committee voted against this bill. It our economy is robust, the world is an anemic 2.2%, the already sluggish econ- was a very bipartisan bill coming out safer. Our strength sends a signal to omy has slowed almost to a halt. of the committee, and I certainly hope, the world. It allows us to set the nar- America is facing a harsh reality. The recovery that began in 2009 is the weakest in when this bill passes the U.S. Senate rative, to set the rules. It allows us to postwar history. Millions have dropped out and moves to conference with the become the beacon that this country of the labor force, frustrated by lack of op- House and then moves to the Presi- has been for generations. portunity. Lower-income workers are under- dent’s desk, that he does not play poli- Right now, we don’t have this crit- employed, middle-incomes have not ad- tics with our troops; that he removes ical component of our national secu- vanced as in the past, and government de- his threat to veto one of the most im- rity, a strong economy. We do not have pendency has increased. As budget battles portant pieces of legislation that we this. As a matter of fact, our economy rage in Congress, ignored is what really matters: rapid, sustained economic growth. will work on this year. is getting weaker, not stronger. The The Congressional Budget Office has esti- I wish to thank the senior Senator verdict is in. Economists from all mated that the U.S. economy will grow by a from Arizona, the chairman of the across the country, of all political per- meager 2.3% over the next decade, and its es- Armed Services Committee, for his suasions, agree that the recovery from timate has declined in the past six months. critical leadership in ushering this bill the last recession has been one of the At this growth rate, Americans face a future out of the Senate Armed Services Com- slowest economic recoveries this coun- of stagnation, inequality and despair. try has ever had. We have not had a Here’s why: From 1790 to 2014, U.S. GDP in mittee. I had the distinct honor of real dollars grew at an average annual rate traveling with Senator MCCAIN re- slower recovery in well over 50 years. of 3.73%. Had America grown at the CBO’s cently to Asia, including to Vietnam, The American Enterprise Institute has ‘‘economic speed limit’’ of 2.3% for its entire where his service has inspired count- called this recovery ‘‘glacially and history, GDP would be $780 billion today in- less millions of Americans as well as painfully slow by historic standards.’’ stead of more than $17 trillion. And GDP per the people of Vietnam. I saw that first- Even the Center for American capita would be $2,433, lower than Papua New hand. It was humbling. It was an honor Progress, a very liberal think tank, has Guinea’s. Looked at differently, had GDP grown to be there with him, Senator REED, said that ‘‘this has been a poor recov- from 2001 to 2014 at the 3.87% annual rate of and Senator ERNST on a trip I will cer- ery in every regard.’’ 1993–2000, the federal government would have tainly remember for a lifetime. That was last year. This year it is had a $500 billion surplus in 2014 instead of a Now, we all took an oath a few worse. The gross domestic product, $500 billion deficit. And that’s with the same months ago to pledge solemnly to ‘‘de- which is the value of everything this excessive government spending. fend the Constitution of the United country produces, last quarter shrank. The last time the federal budget balanced States against all enemies, foreign and Let me repeat that. We didn’t grow. We was 2001 when there was a $128 billion surplus. This was not achieved with spending domestic.’’ We took that oath right didn’t grow by 1 percent, 2 percent. The cuts and tax increases; instead it came after here on this floor. That is what the economy of the United States shrank four years of rapid growth—4.45% on average NDAA does. It gives our servicemem- by almost 1 percent. We contracted. It from 1997 to 2000. Helping fuel the economy bers what they need to fight and defend is the third time the economy has was a capital-gains tax cut that took effect our great Nation. That is why 53 shrunk since 2009. on Jan. 1, 1997. NDAAs have consecutively passed the We don’t even have a recovery. We The low growth rate during the Obama ad- Congress. don’t have a recovery. Right now we ministration, averaging 1.36%, is not an acci- have no growth. That means Ameri- dent. If the cost of regulations are recog- It hasn’t been about partisanship. nized as taxation by other means, President This bill has moved through the Con- cans have less money in their pockets. Obama’s first six years of taxes and regula- gress every year for over half a century It means wages haven’t kept up with tions (and threats of more of both) have un- because it is so important. So again, I inflation. It means the gap between the dermined confidence among entrepreneurs, would say it would be remarkable if richest and the poorest is growing. We small business owners, and the investors the President of the United States must get back to higher growth rates. that would back them with capital. For the would veto this, particularly given the We must get back to traditional levels first time in memory, the number of business threats that we see to our Nation. of American growth. We must get back entities in America is actually falling, according to the Census Bureau. I want to talk about those rising to an economy that makes us stronger An example of what not to do is the EPA’s threats and one of the biggest ones globally and produces hope and oppor- proposed ozone rule, which the National As- that doesn’t get enough attention. We tunity at home. sociation of Manufacturers predicts will re- have heard from the chairman of the It wasn’t too long ago that we ex- duce GDP by $140 billion a year, destroy 1.4 Senate Armed Services Committee and pected in this country at least 4 per- million jobs per year and cost each house- from both sides of the aisle about what cent annual GDP growth. That is a hold $830 per year. All for health-benefits those threats are facing our Nation: very normal, traditional level of Amer- claims that public-health experts find ques- tionable. ISIS, Iran, Russia, China. These are ican growth. When President Reagan It’s important to be realistic about the fu- rising threats, no doubt. But there is a was in office, the average growth rate ture, but 2.3% growth is fatalistic, not real- rising threat to our national security was about 4.8 percent. During Presi- istic.

VerDate Sep 11 2014 03:22 Jun 05, 2015 Jkt 049060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\G04JN6.075 S04JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 4, 2015 CONGRESSIONAL RECORD — SENATE S3847 President Obama and the Congress should We need to change that. We need to 4.5 or 5 percent in GDP growth, that is be agreeing on what it takes to achieve 3.5% get the traditional levels of American the best way to address our challenges, growth. Looking at Social Security Trust- growth. What is most amazing is that our deficit, our $18 trillion debt, our ees’ reports, 3.5% is the rate of growth required to ensure the solvency of Social Secu- the administration seems to be just national security and the funding of rity and Medicare, with no tax increases and shrugging its shoulders. Oh, we con- our military. We need to focus more on no benefit cuts. tracted last quarter? That is no big the economy. There are tangible steps we can take to- deal. A 1.5 percent to 2 percent GDP This administration has failed the ward a pro-growth economy. One step is to growth for the entire Obama adminis- American people on these issues. We reform the uncompetitive corporate tax tration record—that is fine. need to unleash the might of this great code, as recommended by President Obama’s But it is a big deal, and it is not fine. economy of ours, and we will keep our Bipartisan Debt Commission, among others, We need to change this. including the repatriation of overseas profits country safe by doing so. without any additional taxation. Increase oil Since 2009, the White House has Mr. President, I yield the floor. and natural gas exports, which the National blamed everything from former George f Association of Manufacturers estimates W. Bush to the weather to climate would raise 2020 GDP by as much as 1%, change to Europe’s health to growth ADJOURNMENT UNTIL MONDAY, while reducing unemployment by 0.5% due to problems in Africa for these slow JUNE 8, 2015, AT 3 P.M. an increase in manufacturing jobs. Rein in growth rates. But have you ever heard The PRESIDING OFFICER. Under the EPA’s animus for fossil fuels. Replace the President say: It might be the poli- the previous order, the Senate stands ObamaCare with a plan that lowers, rather than raises, the cost of employment, and cies of my own administration. It adjourned until 3 p.m. on Monday. which does not incentivize businesses to lay might be the fact that we are overregu- Thereupon, the Senate, at 6:08 p.m., off low-wage workers or cut their hours. lating every element of this great adjourned until Monday, June 8, 2015, Congress should devise a plan for 3.5% eco- economy of ours. They need to stop at 3 p.m. nomic growth. This isn’t wishful thinking. blaming and start fixing this economy. f High growth is historically normal for the We need to get our country moving United States. It is the present imperative, again. We have so many comparative NOMINATIONS it is the only way forward. advantages to other countries—so Mr. SULLIVAN. The title is ‘‘Dismal Executive nominations received by Growth Needs the 3.5% Solution.’’ He many. We have the greatest univer- the Senate: noted that from 1790 to 2014, almost the sities in the world right here in Amer- IN THE AIR FORCE ica—the greatest universities in the entire history of our great Nation, this THE FOLLOWING NAMED OFFICER FOR APPOINTMENT country grew annually at 3.7 percent world compared to any other country. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- We have agriculture, farmers who feed CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE GDP growth—3.7 percent. The Obama AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION administration’s annual growth rate the world. We have a high-tech sector 601: has been 1.3 percent. Think about that is the envy of the world. We have To be general that—1.3 percent. a capital markets sector that commer- GEN. DARREN W. MCDEW According to the former CBO Direc- cializes great ideas quicker than any IN THE ARMY place in the world. We have natural re- tor, the difference between 2.5 percent THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and 3.5 percent growth—just 1 percent sources—oil, gas, minerals—that are IN THE UNITED STATES ARMY TO THE GRADE INDICATED GDP growth difference—will have a the envy of the world. We are pro- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ducing more natural gas than any RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: huge impact on American families. We To be lieutenant general would be able to produce nationally 2.5 place in the world right now. We are million more jobs and the average in- producing more oil than Saudi Arabia MAJ. GEN. RONALD F. LEWIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT come in terms of wages would be $9,000 right now because our private sector IN THE UNITED STATES ARMY TO THE GRADE INDICATED higher—$9,000 higher. Think about has innovation, ingenuity, hard work. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: what you could do with that amount of We have tremendous advantages that To be general money. Think about what American almost any other country would envy. families could do with that amount of What we need to do now is unleash LT. GEN. ROBERT B. ABRAMS this country’s might, unleash the great THE FOLLOWING NAMED OFFICER FOR APPOINTMENT money, just by going 1 percent higher AS THE CHIEF OF STAFF OF THE ARMY AND APPOINT- in our growth rate. potential that is the American econ- MENT IN THE UNITED STATES ARMY TO THE GRADE IN- omy. We need to refuel America. When DICATED WHILE ASSIGNED TO A POSITION OF IMPOR- Our distinguished colleague from TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., Pennsylvania recently mentioned that we grow our economy, we will protect SECTIONS 601 AND 3033: in order to double the standard of liv- our country. To be general We need regulatory reform. Right ing for a family—to double their in- GEN. MARK A. MILLEY now the cost of regulations to our come—at 3 percent growth, you can do IN THE NAVY that in 24 years, or a generation. That economy according to the President’s THE FOLLOWING NAMED OFFICER FOR APPOINTMENT is why every generation of Americans own Small Business Administration is AS CHIEF OF NAVAL OPERATIONS AND APPOINTMENT IN has benefitted and done better than the close to $2 trillion a year. That is al- THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND previous one, because we have grown at most $15,000 per American family. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 3, 3.5, 4 percent growth rate. We are Think about that—$15,000 per family is AND 5033: doubling our standard of living. At 1 keeping us down. We need a competi- To be admiral percent growth, which is the Obama tive tax system. We need to unleash ADM. JOHN M. RICHARDSON growth rate, it takes 72 years to double the might of our private sector through IN THE MARINE CORPS your standard of living—72 years. That cutting redtape and making sure that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT is the trajectory we are on. we are open for business, not stran- IN THE UNITED STATES MARINE CORPS TO THE GRADE What is most disturbing about this is gling businesses with redtape from INDICATED WHILE SERVING AS THE CHIEF DEFENSE COUNSEL FOR MILITARY COMMISSIONS UNDER THE that this is a huge issue for the coun- Washington. UNITED STATES CONSTITUTION, ARTICLE II, SECTION 2, try. You don’t read about it in the I want to emphasize these issues be- CLAUSE 2, AND THE NATIONAL DEFENSE AUTHORIZA- press. Heck, last quarter we shrunk. cause we have been talking about the TION ACT FOR FISCAL YEAR 2014, SECTION 1037: The economy of the United States, the NDAA, the national defense of our To be brigadier general greatest economy in the world, shrunk, country, for the past few days on the COL. JOHN G. BAKER and there was barely a press report Senate floor, and we are going to be IN THE ARMY about it. It has become what people are talking about these important issues THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY now referring to as the new normal. next week as well. And they are crit- UNDER TITLE 10, U.S.C., SECTION 624: Traditional levels of American growth ical issues, but this is a critical issue. To be major at 3.5, 4 or 4.5 percent GDP growth— If we can’t grow our economy, if we nope, in the Obama era that is a thing can’t get back to traditional levels of FRANCIS J. RACIOPPI, JR. of the past. We are in the new normal American growth, we are going to con- IN THE NAVY era, with 1.5 percent GDP growth— tinue to have challenges. But if we can THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY maybe 2, if we are lucky. do this, if we can grow consistently by UNDER TITLE 10, U.S.C., SECTION 624:

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