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 18, 2015 No. 98 Senate The Senate met at 9:30 a.m. and was heard this morning in my morning MORNING BUSINESS called to order by the President pro briefing and then the news accounts of The PRESIDING OFFICER. Under tempore (Mr. HATCH). this sickening revelation of what took the previous order, the Senate will be f place in South Carolina last night. in a period of morning business for 1 Think about this. The sanctity of a PRAYER hour, with Senators permitted to speak house of worship was violated as a gun- therein, with the time equally divided, The Chaplain, Dr. Barry C. Black, of- man opened fire in the historically fered the following prayer: with the majority controlling the first Black Emanuel AME Church in half and the Democrats controlling the Let us pray. Charleston, SC. Eternal God, You are perfect in wis- final half. dom and goodness. Thank You for the We know now at least nine people are Mr. REID. Mr. President, I suggest great and mysterious opportunities of dead, and others, of course, are hurt. I the absence of a quorum. our lives. Empower our Senators to don’t know how to describe it. This in- The PRESIDING OFFICER. The seize these opportunities, thereby, ful- dividual was like a wolf in sheep’s clerk will call the roll. filling Your purposes for their lives in clothing. He sat among the congrega- The legislative clerk proceeded to this generation. May Your Spirit guide tion for a substantial amount of time call the roll. them in their thoughts, words, and before he pulled out a weapon and Mr. CORNYN. Mr. President, I ask deeds, providing them with the wisdom started firing at people. The thought of unanimous consent that the order for they need to navigate through life’s people who were in a house of worship the quorum call be rescinded. turbulent seas. Keep their thoughts being gunned down as they gathered to The PRESIDING OFFICER. Without pure, their words truthful, and their pray is heart-wrenching, devastating, objection, it is so ordered. actions trustworthy, giving them con- and is the ultimate act of cowardice f sciences void of offense toward You or and hatred. As our good Chaplain said, our hearts TRAGEDY IN CHARLESTON, SOUTH humanity. Lord, inspire them to be CAROLINA mindful of their eternal destiny and go out to the families and friends of their accountability to You. Use them the people who were gunned down in Mr. CORNYN. Mr. President, typi- today as instruments for Your glory. that church. It is hard to even com- cally I would come to the floor and And, Lord, comfort the families and prehend anything so awful. So, on be- talk about the business at hand before loved ones of the victims of the half of the Senate family, we send our the Senate, but I think that in light of Charleston, SC, church shooting. support and our sympathy. the horrific news we all woke up to this We pray in Your merciful Name. We hope Charleston law enforcement morning, I wish to touch briefly on the Amen. are able to capture this murderer, and tragic events that unfolded overnight f the perpetrator be swiftly apprehended in Charleston, SC. Although we don’t know all the facts, PLEDGE OF ALLEGIANCE and brought to justice. Mr. President, I had some remarks I by all appearances, the gunman tar- The President pro tempore led the was going to give, but they could be geted worshippers while they were in Pledge of Allegiance, as follows: deemed partisan in nature and I can church in a way that certainly shocks I pledge allegiance to the Flag of the give them some other time. I don’t feel all of our conscience and sensibilities. I United States of America, and to the Repub- it would be appropriate for me now to think it is the sort of act that we all lic for which it stands, one nation under God, find hard to understand, and it is truly indivisible, with liberty and justice for all. talk about these things that are defi- unspeakable. f nitely inappropriate today with this pall hanging over our country. Law enforcement is doing what it RECOGNITION OF THE MINORITY Based upon that, I would ask that the does best, which is conducting its in- LEADER Presiding Officer announce the busi- vestigation, including looking for the The PRESIDING OFFICER (Mr. ness of the day. suspect. HELLER). The Democratic leader is rec- I think it is appropriate that we all ognized. f offer our thoughts and perhaps say a f private prayer for all of those who were affected by this senseless and horrific TRAGEDY AT EMANUEL AME RESERVATION OF LEADER TIME tragedy. CHURCH The PRESIDING OFFICER. Under Obviously, the Senate has some im- Mr. REID. Mr. President, I don’t the previous order, the leadership time portant business to do, and I will come know another way to describe what I is reserved. back later and talk more specifically

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

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VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.000 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4256 CONGRESSIONAL RECORD — SENATE June 18, 2015 about the Defense authorization bill to the future of the world; and, C, we— don’t observe that rule. In other words, and the next business we have in line, people—are largely responsible for it. if you just keep planting and abusing which is to make sure that our troops Fundamentally, this is a moral and the land, He said—this is again quoting get paid and that we provide them the ethical issue. It has always occurred to God here in Leviticus 25: ‘‘Your land resources they so justly deserve and me in two moral and ethical contexts. will become desolate.’’ There is an in- are entitled to. One is that I don’t understand what teresting observation. God said: With that, I yield the floor. right several generations of people on Your land will become desolate, and your I suggest the absence of a quorum. this Earth have to use up a finite re- cities will lie in ruins. Then at last the land The PRESIDING OFFICER. The source that was created over millions will enjoy its neglected Sabbath years as it clerk will call the roll. of years. It took 3 or 4 million years to lies desolate while you are in exile in the The legislative clerk proceeded to create the oil and gas that is under- land of your enemies. Then the land will fi- call the roll. neath our Earth. How do we have the nally rest and enjoy the Sabbaths it missed. Mr. KING. Mr. President, I ask unan- right to use it all up in 200 or 300 years? The concept is we have an obligation imous consent that the order for the That assumes we are the only people to the land, to the Earth that has been quorum call be rescinded. who will ever occupy this planet. In- given to us. The PRESIDING OFFICER (Mr. deed, I don’t believe that is the case. Then, we skip all the way from the ROUNDS). Without objection, it is so or- Obviously, it is not the case. There are beginning of the Old Testament to the dered. generations that will come after us—6, end of the New Testament to the Book f 7, 8, 10 generations of people who will of Revelations, and there is a kind of come after us. Why do we have the admonition, I think, for all of us in TRAGEDY IN SOUTH CAROLINA right to use resources that the Earth terms of our stewardship of the Earth. Mr. KING. Mr. President, before be- created for all of time? In Revelations 11:18, the Chapter ginning my remarks, I want to express One of the fundamental premises of says: ‘‘But your wrath came, and the my profound sorrow, sympathy, and the Old Testament is, of course, the time for the dead to be judged, and for condolences to the people of South Ten Commandments. One of the basic rewarding your servants . . . and for Carolina and the people of Charleston Ten Commandments is ‘‘Thou shalt not destroying the destroyers of the for the tragedy that occurred last steal.’’ I believe we are stealing re- earth.’’ night. To my colleagues, Senators sources from future generations by That is something we ought to take SCOTT and GRAHAM, and to all the peo- simply using them up in our lifetimes. very seriously; that the time will come ple of South Carolina, these things are That is moral and ethical issue No. 1. for the destroying of the destroyers of very hard to understand, very hard to The second ethical issue is the funda- the Earth. This is all about morality, fathom, and I think I speak for all of mental ethical and moral principle of theology, and ethics. This is about sim- our colleagues when I say our hearts go stewardship. The first line of the Bible ply taking care of the asset the Good out to the people of South Carolina says: ‘‘In the beginning God created Lord gave us—whatever Name you give this morning concerning this unspeak- the heaven and the earth.’’ God cre- to the Good Lord. It is the Earth we able tragedy. ated—God created—the heaven and the have been given. It is the only Earth f Earth. We have a responsibility to we have. It is the only home we have, steward, to take care of the creation and we simply can’t destroy it. Yet in PAPAL ENCYCLICAL ON CLIMATE Genesis it says man is given dominion CHANGE that God gave us. There are some very interesting Bib- over the waters, the Earth, and the ani- Mr. KING. Mr. President, there has lical references early in the Bible, in mals. But that doesn’t mean we are en- been a great deal of discussion this Leviticus, the third Book of the Bible, titled to destroy it. It means we have week, and there will be, I am sure, over about this concept of stewardship. One to steward it, we have to conserve it. the next few days, about Pope is in Leviticus 25. The Lord said to That is really what this discussion is Francis’s comments in his encyclical Moses: ‘‘The land must never be sold on all about. This is about ethics. This is issued this morning on the issue of cli- a permanent basis, for the land belongs about morality. It is about theology, as mate change and on the issue of the to me.’’ This is God speaking: The land I have demonstrated. preservation of the environment. Some belongs to me. ‘‘You are only for- Now, I want to go from the Good of the reaction has been that the Pope eigners and tenant farmers working for Book to another way to state this. In should stay away from science and me.’’ Maine we have what is called the stick to morality and theology. I am That is the concept of a long-term Maine rototiller rule. It is all you need here this morning to say I believe that stewardship—that we don’t own the to know about environmental steward- is exactly what he is doing. He is stick- land. Yes, we have deeds and we think ship: If you borrow your neighbor’s ing to morality and theology, and that we own it, and we can pass it on to our rototiller to clean up your garden in is why he has made the statement that children, but we don’t own the planet, the spring, the principle is you always he has. and we have a responsibility to pass return it in as good shape as you got it, I have always viewed this issue in that resource on to our children in with a full tank of gas. That is environ- fundamentally an ethical and moral good shape and not destroy it. mental stewardship. We don’t own this context. There has been a lot of talk, Another interesting provision in Le- planet. We have it on loan. Therefore, discussion, and debate in committees viticus—and I hope it is OK to make we have a responsibility to pass it on and on this floor about the science, notations in the Lord’s Book because to our children and grandchildren and which I think is irrefutable—the that is what I did. In Leviticus 25, countless generations ahead of us in as science of climate change, the science Moses is told a very interesting thing good of shape as we got it and maybe of the increasing load of CO2 in the at- about how to take care of the land. God with a full tank of gas. And that means mosphere, the most we have ever had talked about a Sabbath for the land, we just can’t willy-nilly act like there in some 3 million years, and the impact just as He talked about a Sabbath for are no consequences for our actions, it will have. I have talked about the people—a day of rest. ‘‘For six years that we can befoul the air and the land practical impact it will have on the you may plant your fields and prune and the water for our convenience, for lobster population in Maine and on the your vineyards and harvest your crops, our aggrandizement, for our material shellfish, on our forests, on moose in but during the seventh year the land comfort. We have to think about other New Hampshire, on water-edged cities must have a Sabbath year of complete people. That is of course the funda- and communities all over this country. rest.’’ mental principle of every religion in All of those practical and scientific Very interesting—the land must have the world: ‘‘Do unto others as you things we have talked about at great a Sabbath. It is the Lord’s Sabbath. Do would have them do unto you.’’ I would length on this floor. The only thing I not plant your fields or prune your submit that ‘‘others’’ includes not only would say is that I am convinced the vineyards during that year. those of us here or those of us in Amer- science is irrefutable that, A, some- And then later on in Verse 32, God ica or those of us around the world but thing is happening; B, it is detrimental tells Moses what will happen if you those of us who haven’t been born yet.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.002 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4257 We have an obligation to ‘‘do unto oth- As the wealthiest Nation in the world whole history of our country cumula- ers as we would have them do unto us.’’ and one of its largest pollution tively. So this is a revolution that is So I welcome the Pope’s words this emitters, it is our economic and moral absolutely helping to transform the week as a valuable voice in an impor- responsibility to act now. There is time way in which we generate electricity in tant discussion. I realize we will have to avoid the worst effects of climate the United States. differences about how to solve this change, but we must act now. The same thing is true for wind. problem. We will have differences Global temperatures are warming, Wind is expanding at the same exact about the exact dimensions of it. We glaciers are melting, sea levels are ris- pace, in terms of generating sources of will have differences about what the ing, extreme downpours and weather electricity from a place that has al- resolution should be and the tech- events are increasing, the ocean is be- ways been there, using God’s energy in nology we should use and how we coming more acidic. Last year was the order to provide electricity for Amer- should get there and transitions and all warmest year ever recorded, and it is ican homes and businesses. those kinds of things. That is perfectly the poorest and the most vulnerable in What is happening in both areas? legitimate. But, fundamentally, we developing nations who have suffered Well, the Republican Senate has al- have to think of this as a moral and the most from the developed world’s lowed the wind tax breaks to already ethical issue—as a moral and ethical pollution. By reducing U.S. carbon pol- expire. Already they have expired. The issue—the obligations we owe to other lution, the United States can be a lead- solar tax breaks expire at the end of people in this country, to other people er, not a laggard, in answering Pope next year. We have no agreement, no in the world who have no voice in the Francis’s call. signal that this Senate is sending to use of the resources that are being Climate change deniers may be the the investors and solar consumers taken away from them, and particu- doubting Thomases of the 21st century, across the country that solar will be larly to the people whom we don’t yet but there is no doubting the science given any incentives past the end of know who are going to follow us on anymore when national academies of next year. Similarly, we have seen a dramatic this wonderful home we have been sciences across the globe, including the increase in the fuel economy standards given to steward, to preserve, to use Vatican’s, all agree that burning fossil of the vehicles which we drive. In fact, but to pass on in as good or better fuels is changing the Earth’s climate. shape than we found it. So to all of the critics of Pope much of the problem we have in finding Mr. President, I yield the floor. Francis’s message, let’s stop denying a source of revenues for a robust trans- The PRESIDING OFFICER. The Sen- the science and let’s start deploying portation bill comes from the fact that ator from Massachusetts. the solutions. Let’s deploy more wind people are now consuming less gasoline in their much more fuel-efficient cars f and solar energy and renew tax breaks since President Obama took the au- for these projects. Let’s make our cars TRAGEDY IN CHARLESTON, SOUTH thority—by the way, which this Senate and trucks even more fuel efficient. CAROLINA gave to him in 2007—to dramatically Let’s fully implement and defend Mr. MARKEY. Mr. President, I wish increase the fuel economy standards President Obama’s Clean Power Plan to begin by extending my deepest con- for those vehicles. We have to go all that will reduce carbon pollution from dolences and prayers to the families the way up to the 54.5 miles per gallon America’s powerplants. and loved ones of those lost in the hei- which the President has proposed. That The United States can be the leader nous church shooting in Charleston, will dramatically reduce greenhouse in the clean energy revolution to re- SC. Our hearts break for the people of gases. duce the pollution imperiling this plan- Charleston and especially for the con- And we must ensure that the Presi- et, and then we can partner with other gregation of this house of God—a place dent’s clean power rules, which he is of refuge, a place of peace, a place of nations to share this technology and going to promulgate within the next love. The perpetrator of this hate protect the most vulnerable. The month, stay on the books. There are al- crime must be found and swiftly United States has the technological ready those in the Senate who are say- brought to justice. imperative to lead on clean energy. We ing they are going to try to vitiate, to Tragedies like this remind us that we have the economic imperative to en- overturn, to make impossible the im- are all interconnected, in our home- gage in massive job creation that will plementation of those powerplant rules towns, in our country, across the plan- make it possible to save all of creation. which will keep the greenhouse gases et. Whether it is our common home of We have the moral responsibility to coming out of coal-burning plants—es- worship or the common home of our protect our planet for future genera- pecially across our country—to a min- planet, we are called every day to care tions. imum, to reduce by 30 percent the for one another, especially those who The Pope has given us the guidance— amount of greenhouse gases, carbon, are most in need. the moral guidance—in his encyclical, that comes out of powerplants gener- and we know, ultimately, science and f ating electricity in our country by the technology will be the answer to our year 2030. We can do this. We are a PAPAL ENCYCLICAL ON CLIMATE prayers. But the leadership must begin technological power. The Pope, the CHANGE here. This cannot happen without lead- world, they look to us. Mr. MARKEY. Mr. President, today, ership from the U.S. Senate, from the They say to us: President Kennedy Pope Francis released a historic encyc- United States of America. If we want challenged the Nation to put a man on lical—a message to the world to pre- to see more solar and wind deployed in the Moon in 8 years in order to say to serve the planet from climate change our country, then we must put the tax the Soviet Union that we would not and environmental degradation. In giv- credits on the books that incentivize allow them to dominate outer space, ing us his message to protect what he the private sector and individuals and in 8 years our country invented calls ‘‘our common home,’’ Pope across the country to deploy it. new metals, invented new propulsion Francis has also given us a common Last year, there were 5,000 new systems, returned that crew from the goal—we must act now to stop climate megawatts of solar installed in the Moon safely. And we, with our Amer- change. United States. That is twice as much ican flag, said we are going to use Pope Francis’s encyclical calls all as has been deployed in the whole his- outer space for peaceful purposes. Well, people of conscience to examine our tory of the United States up until 5 the flag that flew on the Moon is now own lives, our relationships to people years ago. This year, there is going to in the Capitol. That is the return on in- and the planet, and our duty to take be 7,500 new megawatts of solar in- vestment in science and technology in action. The Pope’s message is clear: stalled in the United States. That is the United States to help the rest of Mankind created the problem of cli- triple the whole history of the United the world ensure that outer space mate change and now mankind must States up until 5 years ago. Next year, would be used for peaceful purposes. solve it. there is going to be 10,000 new The rest of the world expects us to be Pope Francis delivered this message megawatts of solar installed in the able to invent new technologies, new to the world, but the world needs United States. That is four times as batteries, solar, wind, geothermal, en- America to lead. much as had ever been deployed in the ergy efficiency, vehicles, metals that

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.004 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4258 CONGRESSIONAL RECORD — SENATE June 18, 2015 will dramatically reduce the amount of is creating the problem and mankind would like to follow the advice of every pollution we are sending up into the now must solve the problem, but it is one of our military leaders who say world but simultaneously spread these those who have created the pollution that continued sequestration puts the technologies across the planet. that the greatest responsibility falls. lives of the men and women who are In the 1990s, we invented new digital You cannot preach temperance from serving in the military in greater dan- technologies. It was first just a very a barstool. You cannot tell people to ger. I am not sure we have a greater plain phone, but no one had one in reduce what they are doing—smoking obligation than to do everything pos- their pocket until 1995 and 1996 because or drinking or engaging in dangerous sible to prevent the lives of our men the phone was the size of a brick and it activities—if you, too, are engaging in and women serving in uniform from cost 50 cents a minute. No one had one. them. The leadership must come from being put in greater danger. To get It was too expensive. But then this this Chamber. The leadership must hung up on the method of funding, Congress moved over 200 megahertz of come from the United States of Amer- which many will use as a rationale for spectrum. It incentivized the private ica. Pope Francis’s message must reso- opposing this bill, seems to me an up- sector to begin to move. Within 3 nate throughout this Chamber in the side down set of priorities—badly up- years, everyone had one of these months and years ahead. If we do it, we side down. phones in their pocket. Within another will have been doing—as President If we don’t fund, if we don’t author- 8 years, it moved to a smartphone be- Kennedy said in his inaugural ad- ize, if we don’t make possible for us to cause we had begun the revolution. dress—truly God’s work here on Earth. equip and train and retain the finest Where was the smartphone invented? I yield back the remainder of my military force in the world, why is it a Right here in the United States. time. higher priority to object to the method Let’s take Africa, for example. Twen- Mr. President, I suggest the absence of funding? As I said, in a perfect ty years ago did anyone believe that of a quorum. world, I would argue vigorously—and 700 million people in Africa would have The PRESIDING OFFICER. The have continued to—about the harmful a wireless device in their pocket? No. clerk will call the roll. effects of sequestration. Why do they? Because the United The senior assistant legislative clerk I am not talking about a political States invented—the United States put proceeded to call the roll. opinion. I am talking about the view of the policies on the books that gen- Mr. MCCAIN. Mr. President, I ask the uniformed leaders of our Nation erated this revolution. They skipped unanimous consent that the order for who have the respect and admiration of telephone poles. They went right to the quorum call be rescinded. all of us. They are telling us that if we wireless, right to cell phone towers. We The PRESIDING OFFICER. Without continue sequestration, which would be did that. We gave the leadership. objection, it is so ordered. the effect of not including the addi- That is leading to a lot of economic f tional funding of the overseas contin- development in Africa and in con- gency operations, then obviously in tinents around this world. We have to CONCLUSION OF MORNING this world that becomes more and more do the same thing in energy tech- BUSINESS dangerous as we speak—and I continue nology. They can envision a day where The PRESIDING OFFICER. Morning to quote probably the most respected they bypass having to put wires down business is closed. man in America, in many respects, the street for electricity as well and f Henry Kissinger, who testified before solar panels could be on their roofs, our committee that he has never seen providing electricity to power their NATIONAL DEFENSE AUTHORIZA- more crises around the world since cell phones, their refrigerators, their TION ACT FOR FISCAL YEAR 2016 World War II, as is the case today. stoves, their air-conditioning. The PRESIDING OFFICER. The I would entreat my colleagues who We can do this. We have the capacity clerk will report the pending business. may be contemplating voting against to do it, but we have to set our mind to The senior assistant legislative clerk this legislation on the grounds that the doing it because there is an economic read as follows: funding is a disqualifying factor—it is incentive for us. Oh, yes, there is a na- A bill (H.R. 1735) to authorize appropria- a troubling factor and it is troubling to tional security incentive for us. Oh, tions for fiscal year 2016 for military activi- me—but shouldn’t we care more about yes, we can tell the Middle East we ties of the Department of Defense, for mili- the men and women who are serving in don’t need their oil anymore than we tary construction, and for defense activities the military than the problem you need their sand. We are going to pro- of the Department of Energy, to prescribe might have with a certain process that vide our own power, and we are going military personnel strengths for such fiscal was followed in order to get there? I to give other countries in the world the year, and for other purposes. would think not. capacity to produce their own power. The PRESIDING OFFICER. The Sen- If you look at the world in 2011, when But we can do it as well because it is a ator from Arizona. the unthinkable happened; that is, that moral imperative, because God’s Earth, Mr. MCCAIN. Mr. President, I hope sequestration automatically kicked in his creation is, in fact, now in jeop- we are in the final hours of a 21⁄2-week because both sides were unable to agree ardy. consideration of the Defense authoriza- on a process that would reduce the def- We have to be the leaders. We have to tion bill. Not all amendments were de- icit and put us on a path to a balanced answer this moral cause. We cannot bated and not as many were reported budget. Everyone said sequestration say we can’t do it. We can’t say we yet. We still have hopes that there will not happen because they will come can’t invent our way out of this poten- could be a managers’ package, which is to an agreement. Obviously, sequestra- tial catastrophe for the entire planet. composed of agreed-upon amendments tion did happen. But if you look at the The Pope is calling upon us to be the by both sides, equally divided by both world in the year of 2011, when seques- world’s leader, morally and economi- sides of the aisle, both Republican and tration kicked in, and the world today, cally. We can do it. Democratic. There are some important I think—I think—there is a compelling Today is an important day, I think a amendments, so I hope we are able to argument that national security and watershed moment. I am a Catholic. get approval of at least some of them national defense is far more important The Pope is a Jesuit who is trained as prior to the votes that I believe will be than it was then. Because of a series of a chemist. For those who say the Pope scheduled for this afternoon in order to events that began in 2011—including an has no business talking about climate, conclude debate and consideration of incredibly misguided decision by the he is a chemist. There are many people the Defense authorization act. President of the United States to with- who say: Well, I don’t have a view on As we enter the final throes—and draw all forces from Iraq, which then, climate because I am not a scientist. there are Members on the other side of inevitably, as some of us predicted, led The Pope is a scientist. He has the aisle and maybe even on this side to the situation as it exists today—the looked at the evidence. He has asked of the aisle who are deeply concerned world is now and the Middle East is the Vatican academy of arts and about the OCO funding for this author- now literally on fire. sciences to study this issue. They have ization—I repeat again to my col- What are the results of the misguided come back with their conclusions. Man leagues, I don’t like the use of OCO. I policies and the commitment on the

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.006 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4259 part of the President to get us out of placed every day, representing a four-fold in- corps I have ever seen. Those people wars? The President ignored one re- crease in just four years. ought to be brought together and asked ality; that is, that we may get Ameri- In 4 years, there was a fourfold in- for their views to see if we can develop cans out of wars, but that doesn’t mean crease in the number of refugees. a strategy—a strategy, by the way, the wars are over. What we have seen is Again, that is not an accident. which the President of the United the spread of ISIS. We have seen Iran ‘‘We are witnessing a paradigm change, an States just a few days ago stated is on the move in nations throughout the unchecked slide into an era in which the nonexistent. They should be called, and region, including the latest informa- scale of global forced displacement as well as we need to develop a strategy. There is tion we have that Iran is supplying the response required is now clearly dwarfing no strategy. If we had a strategy—and weapons to the Taliban in Afghanistan, anything seen before,’’ said U.N. High Com- these numbers of a record high of the missioner for Refugees Antonio Guterres in a not to mention Yemen, Syria, Iraq, and statement. world’s displaced of 60 million people, Lebanon, where they are basically in UNHCR said Syria, where conflict has half of them children—perhaps we control. Our Sunni Arab—Middle East- raged since 2011, was the world’s biggest could turn this situation around. ern Arab nations are now going their source of internally displaced people and ref- No one believes we are winning in the own way because they have no con- ugees. struggle against ISIS. We are at the ne- fidence in the United States. There were 7.6 million displaced people in gotiating table in various luxuriant ho- What has been the result? All you Syria by the end of last year and almost 4 tels and resorts in Europe, negotiating have to do is pick up this morning’s million Syrian refugees, mainly living in the with the Iranians over a nuclear deal neighboring countries of Lebanon, Jordan copy of the Washington Post. ‘‘Refugee and Turkey. while they are moving and controlling crisis hits tipping point. U.N. ranks four nations, and the latest, of course, For the information of my col- 2014 as worst year on record, cites dire is that they are supplying weapons to leagues, there are now more Syrian need for aid.’’ the Taliban. children in school in Lebanon than We need to have a strategy that is in- London—The number of people uprooted there are Lebanese children in school from their homes by war and persecution in clusive, and we need to draw on the ex- 2014 was larger than in any year since de- in Lebanon. perience and knowledge from some of tailed record-keeping began, according to a UNHCR said there were 38.2 million dis- the most respected men we have in this comprehensive report released early Thurs- placed by conflict within national borders, country with a military, political, dip- day by the U.N. refugee agency that will add almost five million more than a year before, with wars in Ukraine, South Sudan, Nigeria, lomatic, and economic background and to the evidence of a global exodus unlike any come up with a strategy. in modern times. Central African Republic and the Demo- Just a year after the number of refugees, cratic Republic of the Congo swelling the fig- I will tell my colleagues there is no asylum-seekers and people forced to flee ures. good answer. There is the least of bad within their own countries surpassed 50 mil- It also noted that more than 1.6 million options. But we have to exercise an op- lion for the first time since World War II, it people sought political asylum in a foreign tion rather than run in place for the surged to nearly 60 million in 2014—‘‘a nation country last year, a jump of more than 50 next year and a half until we have a of the displaced’’ that is roughly equal to the percent compared to the previous year— new President of the United States. population of the United Kingdom. largely due to the 270,000 Ukrainians who This legislation is not going to solve submitted asylum claims in Russia. The rapidly escalating figures reflect a those problems. This legislation has world of renewed conflict, with wars in the While many conflicts have erupted or re- Middle East, Africa, Asia and Europe driving ignited in the past five years, few have been certain policy implications. This legis- families and individuals from their homes in conclusively resolved. Just 126,800 refugees lation does not achieve the goals I was desperate flights for safety. But the systems were able to return home in 2014, the lowest just speaking about. But this legisla- for managing those flows are breaking down, number in 31 years, UNHCR said. tion does do the things we need to do— with countries and aid agencies unable to I say to my colleagues, I have been to we, as the people’s elected representa- handle the strain as an average of nearly refugee camps, and I have seen the suf- tives whose first obligation is the de- 45,000 people a day join the ranks of the dis- fering and pain and the hopelessness fense of this Nation. This legislation placed. there. I was taken around by a teacher addresses many issues that will make I urge my colleagues to understand at a refugee camp where there were our defense establishment more respon- two things: One, a lot of these things about 175,000 people, as I recall, in Jor- sive, more responsible, more efficient, didn’t have to happen. The absence of dan, and there were a large number of and most of all will provide the equip- American leadership and involvement children around in this camp. ment and the capabilities for the men is largely responsible for a great deal of The teacher said to me: Senator and women who are serving in the mili- this. Second of all, it is of vital impor- MCCAIN, do you see all of these chil- tary, many of them still in harm’s way, tance, in my view, given the situation dren here? so that they can defend this Nation. throughout the world, that we pass the I said: Yes, I do. Anybody who believes ISIS would be Defense authorization bill, reconcile She said: They believe you Ameri- content to remain in the Middle East our differences with the legislation cans have abandoned them, and when and not export that terror to the with the House and the administration, they grow up, they are going to take United States of America has not lis- and take into account that this is prob- revenge on you. tened to the Director of the CIA, the ably the greatest piece of reform legis- My friends, we are sowing the wind, head of the FBI, and every other mili- lation in recent history, perhaps in the and we will reap the whirlwind. It is tary expert. ISIS is bent on harming last 30 years, since the then-well- time that the United States assumed America. known Goldwater-Nichols Act was again a leadership role in the world. When Mr. Baghdadi left Camp Bucca, passed. Now many of the critics who call me where he spent 4 years—Mr. Baghdadi, In Reuters today, it says: ‘‘World’s ‘‘Defense Hawk’’ MCCAIN—I am not obviously, as we know, is the leader of displaced hits record high of 60 million, sure why the opponents are not called ISIS. He spent 4 years at Camp Bucca half of them children.’’ ‘‘Defense Doves,’’ fill in the blank— in Iraq. When he left, he said: I will see Of the 60 million people who are dis- seem to believe I am advocating that a you in New York. Mr. Baghdadi wasn’t placed, half of them are children. They large number of American troops be kidding. ISIS is bent on attacking us. are the ones who always suffer the dispatched to the region. I am not, but Can they destroy us? No. But the abil- most. I am saying we should listen to the ity of ISIS to be able to launch some The article says: successful military leaders who suc- attacks on the United States of Amer- . . . at the end of last year, the highest ever ceeded in the surge in Iraq and to a ica grows every time there are thou- recorded number, the U.N. refugee agency large degree succeeded in Afghanistan. sands of young men and some young said on Thursday. I am speaking of General Petraeus, women who go to Syria and Iraq and More than half the displaced from crises General Keane, and Admiral McRaven. including Syria, Afghanistan and Somalia are radicalized even more and return, were children, UNHCR said in its Annual There are a number of people, both sooner or later, to the country from Global Trends Report. military and civilian, we should listen which they came. In 2014, an average of 42,500 people became to. Ryan Crocker, to me, is the most I ask that my colleagues on both refugees, asylum seekers, or internally dis- respected member of the diplomatic sides of the aisle put aside the smaller

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.007 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4260 CONGRESSIONAL RECORD — SENATE June 18, 2015 differences we have. And there are dif- The four-year-old war in Syria has been of refugees. Once people fled their home ferences with my colleagues on this the single biggest driver of the surging num- countries, they had little hope of returning. side of the aisle concerning, for exam- bers. Last year, 1 in 5 displaced persons Just 126,800 refugees went back to their ple, the sage-grouse and a number of worldwide was Syrian. The country in 2014 home countries in 2014 out of a global ref- became the planet’s largest source of refu- ugee population of 14.4 million. That marked other provisions in this bill. gees, displacing Afghanistan, which had held the lowest level of return since 1983. I urge my colleagues to put aside that dubious distinction for three decades. Mr. MCCAIN. I suggest the absence of those differences—and in the view of The impact of a Syrian population on the a quorum. many, there are significant dif- move has been felt across the Middle East. The PRESIDING OFFICER. The ferences—and vote in favor of this leg- Neighboring Turkey now hosts more refugees clerk will call the roll. islation and send a message that at than any other nation, knocking Pakistan to The senior assistant legislative clerk least on the issue of defending the Na- No. 2. Lebanon has the world’s highest con- centration, at nearly a quarter of those liv- proceeded to call the roll. tion, we will provide the men and ing in the tiny Mediterranean nation. Mr. MCCAIN. Mr. President, I ask women who are putting their lives on The vast majority of refugees last year unanimous consent that the order for the line on our behalf the best possible were hosted by poor countries that can least the quorum call be rescinded. capabilities we can possibly provide for afford the added strain. Nearly 9 out of 10 The PRESIDING OFFICER (Mr. them. refugees were living in the developing world—a figure that hit a two-decade high. RUBIO). Without objection, it is so or- Mr. President, I ask unanimous con- dered. sent that the article entitled ‘‘Refugee Meanwhile, with nations across the devel- oping world either at war or in crisis, some Mr. MCCAIN. Mr. President, I would crisis hits tipping point’’ in the Wash- of the world’s wealthiest nations have fo- note for my colleagues the presence of ington Post this morning be printed in cused on how to beat back the rising tide of General Dunford, Commandant of the the RECORD. those seeking escape. Marine Corps, a great combat leader There being no objection, the mate- France and Austria have stepped up police and leader of our military and consid- rial was ordered to be printed in the checks at crossings with Italy, leaving mi- ered to be the next Chairman of the RECORD, as follows: grants to camp out at train stations in Rome and Milan. Hungary on Wednesday an- Joint Chiefs of Staff, a man we all ad- [From the Washington Post, June 18, 2015] nounced plans to build a 12-foot fence along mire a great deal. REFUGEE CRISIS HITS TIPPING POINT its border with Serbia. Nations across Eu- I suggest the absence of a quorum. (By Griff Witte) rope have balked at proposals to more equi- The PRESIDING OFFICER. The tably share the burden of asylum-seekers clerk will call the roll. LONDON.—The number of people uprooted while rushing to approve plans to blow up from their homes by war and persecution in The legislative clerk proceeded to smuggler ships in the Mediterranean. 2014 was larger than in any year since de- call the roll. The tough response has been largely due to tailed record-keeping began, according to a Mr. ROBERTS. Madam President, I political pressure among populations hostile comprehensive report released early Thurs- to the influx of migrants. But it prompted ask unanimous consent that the order day by the U.N. refugee agency that will add Pope Francis on Wednesday to suggest that for the quorum call be rescinded. to the evidence of a global exodus unlike any those ‘‘who close the door’’ to migrants seek- The PRESIDING OFFICER (Mrs. in modern times. ing protection should ask forgiveness from FISCHER). Without objection, it is so Just a year after the number of refugees, God. ordered. asylum-seekers and people forced to flee The UNHCR and other aid groups have TRAGEDY AT EMANUEL AME CHURCH within their own countries surpassed 50 mil- pleaded for more assistance to keep pace lion for the first time since World War II, it with the ever-growing numbers, but to little Mr. ROBERTS. Madam President, surged to nearly 60 million in 2014—‘‘a nation avail. like many have said here today, I of the displaced’’ that is roughly equal to the ‘‘There’s a real risk that we’re seeing the would like to express my deepest con- population of the United Kingdom. unraveling of the refugee regime that was dolences to the victims of the shooting The rapidly escalating figures reflect a created in the aftermath of the Second World at Emanuel African Methodist Epis- world of renewed conflict, with wars in the War on the basis of cooperation and reci- copal Church in Charleston, SC, last Middle East, Africa, Asia and Europe driving procity,’’ said Alexander Betts, director of families and individuals from their homes in night. This was a senseless act of vio- the Refugee Studies Center at Oxford Univer- lence. My thoughts and prayers are desperate flights for safety. But the systems sity. for managing those flows are breaking down, Betts said that unlike during other con- with the victims, their families, and all with countries and aid agencies unable to flicts, including those in Southeast Asia, the affected by this horrible tragedy. handle the strain as an average of nearly Balkans and Central America, governments I know we all hope the perpetrator is 45,000 people a day join the ranks of those ei- are not stepping up to offer assistance com- swiftly brought to justice. I pray for ther on the move or stranded far from home. mensurate with the scale of a problem that the safety of the entire Charleston ‘‘We are witnessing a paradigm change, an now touches virtually every corner of the unchecked slide into an era in which the community. This was an act of sense- globe. less violence, to be sure. But as I un- scale of global forced displacement as well as ‘‘This isn’t a regional problem,’’ he said. the response required is now clearly dwarfing ‘‘It’s a global challenge.’’ derstand it, the perpetrator saved one anything seen before,’’ U.N. High Commis- The UNHCR’s report identifies at least 15 woman and told her: ‘‘I want you to sioner for Refugees Anto´ nio Guterres said in wars across three continents that have ei- tell everyone what happened here.’’ a statement. ‘‘It is terrifying that on the one ther erupted or reignited in the past five That is beyond sinister. That is evil. hand there is more and more impunity for years, and that together have forced millions That evil must be stopped and must be those starting conflicts, and on the other to abandon their homes. A total of 13.9 mil- dealt with. there is seeming utter inability of the inter- lion people were displaced in 2014 alone. OBAMACARE national community to work together to About a third of those were in sub-Saharan stop wars and build and preserve peace.’’ Africa, where wars in the Central African What I would like to talk about now The annual report on global trends in dis- Republic, South Sudan, Somalia, Nigeria and is the Supreme Court’s critical ruling placement, issued by the Office of the U.N. Congo all flared. Somalia alone is the source on the most recent review of the Af- High Commissioner for Refugees, or UNHCR, of more than a million refugees, the world’s fordable Care Act—ObamaCare. It is offers perhaps the most authoritative look at third-highest total. important to highlight many of the who is being uprooted by conflict, where Europe experienced the biggest propor- ways this law is negatively impacting they come from and where they go. The tional increase in displaced persons last agency, created in 1950 to support Europeans year, with a staggering 51 percent increase our health care system as a whole, my displaced by World War II, said the figures over 2013. constituents in Kansas, the Presiding for 2014 were higher than it has ever re- While much of that was due to Syrian refu- Officer’s constituents in her neigh- corded. gees streaming into Turkey, it also reflected boring State of Nebraska—all over the The overall number, which does not in- the 219,000 people who entered the continent country. clude those displaced by natural disasters or via the perilous journey across the Medi- Trying to list all of the problems economic migrants in search of a better life, terranean. And as Russian-backed rebels with this law is nearly impossible. Per- had been relatively stable, at around 40 mil- brought war back to European soil, more haps the best way is to review the lion, since the start of the 21st century. than 800,000 people were left internally dis- But it abruptly shot up in 2013, and the placed in Ukraine. About 200,000 Ukrainians promises of the President of the United pace accelerated last year. Although the re- applied for asylum in Russia. States. The crafting of this law was port does not cover 2015, there is no indica- Worldwide, the number of internally dis- supposed to follow his promise of being tion that the trajectory has changed. placed people vastly outstripped the number the most transparent administration in

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.008 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4261 history. The problem is that there has Eddy, in Spring Hill, says his pre- viously working the traditional 40 been a lack of transparency—not to mium has doubled and his deductible hours per week, you are not just taking mention the oversight of this law since has doubled. He is being forced to 10 hours from them, but you are reduc- it was originally being crafted and choose between running his company ing their paycheck by 25 percent a throughout its implementation. and buying health insurance. He says week. That is why they work in two Despite hearing the contrary from he can’t do both. different jobs. That is a very noticeable our docs and nurses about practices Let’s go back to the President’s com- adverse effect. and hospitals closing and premiums ments about this ‘‘thing’’ having no ad- The concerns I have outlined today and copays increasing, the administra- verse effect. Just a couple of weeks ago are only a few of the many reasons why tion continues to turn a blind eye. The his own administration published the we need to repeal this law, both the in- administration continually moves the proposed double-digit—double-digit— dividual and employer mandates. We goal posts to which they measure suc- premium increases for 2016—next year. need to fix health care. Everybody cess and have claimed victory. The plans on the list affect more than knows that. But we don’t need to fix In 2012, the Congressional Budget Of- 6 million people across the country and ObamaCare. We need to give peace of fice projected there would be 14 million are seeking an average increase of 21 mind to the families hurt by people enrolled in exchange plans this percent. ObamaCare. year. Then late last year, the adminis- The Kansas Insurance Department Now, no one is saying go back to the tration back-pedaled on its projections tells us that premiums for some indi- system we had before. We need reforms for the second year of enrollment, mov- vidual and small group health care to our health care system every day. ing the goal posts. The most recent plans are likely to increase by as much ObamaCare is costing millions of dol- data out of the Centers for Medicare as 38 percent. lars. But with this law—what the and Medicaid Services, the infamous According to the administration’s President has called ‘‘this thing’’—we CMS, shows that when you look at how list, 14 insurance plans are seeking pre- may have mandated greater coverage many individuals had effectual cov- mium increases above 10 percent for for all but not access to care and at a erage or actually paid their first next year. That covers 100,000 Kansans. cost that is unaffordable. Let me re- month’s premium and continued to When you look at just two insurance peat that. We may have mandated have an active policy, that number is plans, those two insurance plans have greater coverage for all—if that was 10 million. Madam President, that is increases of 28 and 38 percent. Perhaps the goal of my friends across the nearly 30 percent below the 2012 enroll- the President does not categorize these aisle—but not access to care and at a ment projections—30 percent. That is 100,000 Kansans as being adversely af- cost that is unaffordable. That is not a not transparency. That is not victory. fected by this ‘‘thing.’’ health care plan. Perhaps some can afford the rising So why is this number lower? Why Simply put, premiums will continue premiums, but can you actually go see aren’t folks signing up? First, we had a to spiral upward if we do not act. Facts your doctor and receive treatment or is Web site that crashed and that didn’t and reality are really very stubborn your deductible too high? And is your work. Then Americans tried to shop things. Even ObamaCare’s chief archi- doctor still available to you? Will your around and view the policies available tect, Jonathan Gruber—we all remem- doctor spend at least 5 minutes with to them. But as it turns out, the law ber Jonathan Gruber—was quoted last you—5 minutes with you—or more year as saying if ‘‘you made it explicit didn’t lower premiums for the average time filling out forms or electronic that healthy people pay in and sick family by $2,500—remember that prom- medical records? And are those records people get money, it would not have ise—as the President promised. This secure? didn’t happen. Premiums are increas- passed. Lack of transparency is a huge Any day now the Supreme Court will ing. political advantage.’’ So said Mr. hand down its decision in King v. The President also promised you Gruber. Burwell. This is the case that will de- could keep your same health care plan Still quoting Mr. Gruber: ‘‘And basi- termine the legality of the administra- and your doctor. We have known for cally, call it the stupidity of the Amer- tion’s regulation extending health in- some time that is just not true. It ican voter or whatever, but basically surance subsidies to people in States didn’t happen. that really was really, really critical that use the Federal insurance ex- Yet just last week the President re- for the thing to pass.’’ That is his change. And we will see—we will see— sponded to questions regarding his sig- quote. if the Court decides that the law should nature law—his legacy law, if you Those comments belittle the Amer- be implemented as written by this Con- will—at a press conference following ican people and try to rationalize why, gress—with all of us on this side of the the G–7 summit. He said: ‘‘The thing is when you have an agenda, the govern- aisle voting no—or implemented as in- working.’’ Now, one might add that the ment should not be transparent. The terpreted by the administration. ‘‘thing’’ is a pretty good term for the President and proponents of This is similarly troubling for Kan- Affordable Care Act. ObamaCare all said publicly this was sas, where we have a federally facili- The President also said: ‘‘I mean, the first step to nationalized health in- tated exchange. If these tax subsidies part of what’s bizarre about this whole surance. That certainly has become go away, 77,000 Kansans and millions of thing is we haven’t had a lot of con- transparent. Americans, will be affected. These indi- versation about the horrors of Now, not only are individuals ad- viduals would be confronted with ObamaCare because none of them have versely affected in terms of their own ObamaCare’s true cost—true cost—and really come to pass.’’ insurance coverage, but also due to the would face much higher premiums, Really? law’s mandate on employers, many are with only the administration to blame President Obama concluded: ‘‘It seeing the law’s negative repercussions for recklessly offering tens of billions hasn’t had an adverse effect on people at their jobs. The law’s employer man- of dollars in subsidies they had no au- who already had health insurance.’’ date hinders job creation and growth. thority to offer, if the Court rules that Well, I am not sure what data has Its new definition of full-time employ- way. been presented to the President or ment at 30 hours a week has been a real A ruling against the administration which American family he has been lis- problem. According to one estimate, 2.6 would also free many of these Kansans tening to, but it is certainly not the re- million workers—2.6 million workers— from the individual mandate penalty if ality that I have experienced and that could potentially have their hours and that coverage is too expensive for them Kansans are experiencing. The real-life therefore their paychecks reduced as a and they, therefore, would qualify for threats of this law we hear from Kan- result of this provision. an affordability exemption. sans back home have not stopped. They Most concerning is that this new def- The employer mandate penalties are increasing. inition of full-time employment hits would also be unenforceable. Employ- A small business owner in Cummings, low-wage earners who work in the serv- ers can then add employees above the KS, called my office to inform me his ice industries. Of the individuals at 50 threshold without fear of penalty premium this year went up over $500 a risk, about half work in retail and half and increase workers’ hours to more month—more than double last year’s. in restaurants. If these folks were pre- than 30 hours per week.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.011 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4262 CONGRESSIONAL RECORD — SENATE June 18, 2015 If the Court invalidates the subsidies, chairman and I have on this issue—I do cle rust, and we will vote on barracks we will be ready. We will be ready on not see a need to press forward for a mold. But we don’t want to vote on this side of the aisle with our solutions vote on my amendments at this time. whether the Nation should be at war. to help mitigate the pain for those in- Mr. MCCAIN. I thank the Senator I proposed an amendment to the dividuals harmed by the administra- from Maryland for his consideration. I NDAA with Senator FLAKE and Sen- tion and provide States greater flexi- can assure him that we share a com- ator MANCHIN expressing the sense of bility and build a bridge away from mon set of concerns and common set of the Senate that we should have an au- ObamaCare. goals on this issue. We have discussed a thorization debate about whether we However the Court rules, I know that pathway forward that addresses the should be at war with ISIL, and the I and everybody on this side of the questions raised by his proposed amendment that I proposed was ruled aisle will continue fighting to repeal amendments, and I look forward to nongermane—so barracks mold, yes; this harmful law and replace it with working with him going forward. And I vehicle rust, yes; the athletic programs true health care reforms that lower very much look forward to continuing at West Point, yes; whether we should costs, lift the burden on our job cre- to work with him on this issue. be at war, nongermane to the Defense ators, and restore the all-important re- The PRESIDING OFFICER. The Sen- authorization act. lationship between a doctor and a pa- ator from Virginia Interestingly, we even took a vote on tient. Mr. KAINE. Madam President, I rise the floor of the Senate in the NDAA The test to fix health care, not today to thank colleagues on both about whether we should arm the ObamaCare, is coming soon. Let’s fix sides of the aisle for the debate and Kurds in a war that Congress has not health care. votes we will be casting today on the authorized that we could debate and I yield the floor. National Defense Authorization Act. vote on; but whether we should be at VOTE EXPLANATION We have come together in a bipartisan war we have not debated and voted Mr. RUBIO. Madam President, on fashion, and we have spent significant upon. time in committee and now on the June 4, I was not present to vote on So I went back and looked at article floor to deal with countless provisions. Senator JEANNE SHAHEEN’s amendment I of the Constitution. I found that This act is nothing if not detailed with to the National Defense Authorization there is no requirement that Congress countless provisions that are critical Act for FY 2016, amendment No. 1494 to vote on barracks mold or rust preven- to the defense of the Nation. H.R. 1735. I would have voted against tion or military airfield lighting. Cer- We have a long tradition of biparti- this measure. tainly we can and should take up those Madam President, as well, had I been sanship in this body on the NDAA. The matters because each of those mat- present for the vote on amendment No. Senate passes an NDAA in one form or ters—even if they just affect one bar- 1889, I would have voted no on this another every year, and that can’t be racks or one airfield—is about the safe- amendment. I do not support said about any other piece of legisla- ty of our troops and military per- telegraphing to the enemy what inter- tion. I want to congratulate the new sonnel. Of course we should take them rogation techniques we will or won’t chairman, Senator MCCAIN, and the up. But there is nothing in the Con- use and denying future Commanders in new ranking member, Senator REED, stitution that requires that we take Chief and intelligence professionals im- and I want to congratulate my col- them up and debate and vote on them. portant tools for protecting the Amer- leagues who serve together on the com- But we are required to debate and vote ican people and the U.S. homeland. mittee, including our Presiding Officer, to authorize war. Article I, section 8, and also all of our staff, both our per- MARITIME PARTNER CAPACITY BUILDING clearly declares that Congress shall EFFORTS IN THE ASIA-PACIFIC REGION sonal staff and committee staff—I see have the power to declare war—not the Mr. CARDIN. Madam President, in some committee staff here—because President; Congress. Yet, on this item, the interests of moving the defense bill this is a significant amount of work. on this large item, on this largest of forward I withdraw my amendments, There are many important provisions items, we are unwilling to debate and Nos. 2038 and 2056. in the NDAA that affect our national These amendments were intended ad- security, and my Commonwealth of vote. dress a set of issues where I share a Virginia is deeply connected to the The war against ISIL is now in its concern with the chairman and rank- American military. In addition to 11th month; more than 3,500 U.S. air- ing member of the Armed Services grand items, the NDAA also examines strikes, more than 3,000 U.S. forces now Committee that the U.S. needs to in some excruciating detail some very, in Iraq. U.S. servicemembers and make additional concerted effort and very fine points. American hostages have lost their lives provide additional focus to our mari- Just to give a few examples, the in the battle against ISIL. The cost of time partner capacity building efforts NDAA includes a provision dealing the war to the American taxpayer is in the Asia-Pacific region. Indeed, the with storage facilities that are needed now more than $2.5 billion—an average chairman included a significant provi- to help us combat rust on military ve- cost of $9 million a day. The ISIL sion in this bill for a South China Sea hicles, the transmission systems that threat is spreading, the mission ex- initiative which I support. My efforts are used in some army land vehicles, panding. were intended to compliment the work the reflective markings and lights that In response to ISIL advances in the of the chairman and assure that we are used on military air fields, one par- Anbar Province, the administration re- have a fully articulated and whole-of- ticular military barracks that has sew- cently announced that an additional government approach to this issue, age, mold, hot water, and rodent prob- 450 trainers would be deployed to train with both the Department of Defense lems, and we even deal in the NDAA and support Iraqi security forces. and the Department of State fully and with some details of West Point’s foot- So my question as a strong supporter appropriately engaged. ball program—some of the athletic pro- of the NDAA is a simple one: How The chairman and I have had some grams at West Point. much longer will we allow war to be positive discussions on this issue in re- But after all this minute analysis waged without Congress even being cent days, and I have received his as- and debate and discussion over the past willing to have a debate about the surances that my concerns will be ad- weeks, both in committee and on the strategy and scope of the mission? How dressed as this legislation moves for- floor, I do notice something a little bit much longer will we keep asking serv- ward. And I also intend to make sure strange. While Congress is very willing icemembers to risk their lives without that other aspects of this issue are ad- to debate and vote on all things great Congress doing the basic job of author- dressed in legislation that the Foreign and small concerning our military, izing this war? Relations Committee will take up, and there is one thing we don’t want to de- U.S. airstrikes started on August 8— where I look to the chairman for his bate or vote on—whether the United 313 days ago. Let me put this in a his- partnership and continued leadership States should be at war, whether we toric perspective. The 1-year anniver- on this issue. should be at war with ISIL. We will sary of this war is approaching quick- With those assurances—and given the vote on shipbuilding, we will vote on ly. Congressional inaction on it is al- deep and shared commitment the military pensions, we will vote on vehi- ready of historic proportions.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.012 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4263 World War I: It took President Wil- AMENDMENTS NOS. 1974, AS MODIFIED; 2030; 1472, sure the safety and well-being of those living son 33 days to bring an authorization AS MODIFIED; 1890; 1705; 1720; 1708; 1908; 1678; 1811; in Camp Liberty; to Congress. Congress acted in 4 days. 1825; 2020; 2050, AS MODIFIED; 1474; 1901; 1902; 1563; (3) urge the Government of Iraq to ensure 1703; 1944, AS MODIFIED; 1747; 2006; 1931; 2011; AND continued and reliable access to food, clean World War II: It took President Roo- 1916 TO AMENDMENT NO. 1463 water, medical assistance, electricity and sevelt 1 day to bring a request to Con- Mr. MCCAIN. Madam President, the other energy needs, and any other equipment gress. Congress acted on the same day. ranking member and I have a small and supplies necessary to sustain the resi- The Gulf of Tonkin Resolution: package of amendments that have been dents during periods of attack or siege by ex- President Johnson brought a resolu- ternal forces; cleared by both sides. (4) oppose the extradition of Camp Liberty tion to Congress within 3 days. Con- Notwithstanding the provisions of residents to Iran; gress acted 5 days thereafter. rule XXII and adoption of the McCain (5) implement a strategy to provide for the The invasion of Kuwait in gulf war 1: substitute, I ask unanimous consent safe, secure, and permanent relocation of It took 160 days for the President to that the following amendments be Camp Liberty residents that includes a relo- bring an authorization to Congress, but called up and agreed to en bloc: McCain cation plan, including a detailed outline of Congress acted within 4 days in approv- No. 1974, as modified; Murkowski No. the steps that would need to be taken by re- cipient countries, the United States, the ing an authorization. 2030; Vitter No. 1472, as modified; Daines No. 1890; Coats No. 1705; Flake United Nations High Commissioner for Refu- The 9/11 attacks: President Bush gees (UNHCR), and Camp residents to relo- came the same day to Congress. It took No. 1720; Gardner No. 1708; Enzi No. cate the residents to other countries; 3 days for Congress to act. 1908; Paul No. 1678; Hatch No. 1811; (6) encourage continued close cooperation Fischer No. 1825; King No. 2020; Menen- between the residents of Camp Liberty and In this war against ISIL, it took the dez No. 2050, as modified; Coons No. the authorities in the relocation process; and President nearly 6 months to bring an 1474; Murphy No. 1901; Warren No. 1902; (7) assist the United Nations High Commis- authorization to Congress, and it is Blumenthal No. 1563; Durbin No. 1703; sioner for Refugees in expediting the ongoing now more than 4 months since that Tester No. 1944, as modified; Casey No. resettlement of all residents of Camp Lib- happened—313 days—and Congress has 1747; Schatz No. 2006; Leahy No. 1931; erty to safe locations outside Iraq. said virtually nothing. Ayotte No. 2011; and Bennet No. 1916. AMENDMENT NO. 2030 I appreciate that Chairman CORKER These have been agreed to by both (Purpose: To express the sense of Congress on the coordination of hunting, fishing, and Ranking Member CARDIN have sides, and I thank all Members for the and other recreational activities on mili- made a recent commitment to discuss agreement of this package. I am sorry tary land) an ISIL authorization in the Senate it is not larger, but it is equally di- At the end of subtitle B of title XXVIII, Foreign Relations Committee, which is vided between both sides of the aisle. add the following: the committee of jurisdiction. I under- The PRESIDING OFFICER. Is there SEC. 2815. SENSE OF CONGRESS ON COORDINA- stand that. Senator FLAKE and I have objection? TION OF HUNTING, FISHING, AND introduced a bipartisan proposal to Without objection, it is so ordered. OTHER RECREATIONAL ACTIVITIES show that there is bipartisan support The amendments are called up and ON MILITARY LAND. It is the sense of Congress that, in situa- for this mission, and we have been agreed to en bloc. tions where military lands are open to public pushing to have the matter heard. The amendments (Nos. 1974, as modi- access for hunting, fishing, and other rec- Yesterday, in a debate on the House fied; 2030; 1472, as modified; 1890; 1705; reational activities, the Department of De- floor, the chairman of the HASC com- 1720; 1708; 1908; 1678; 1811; 1825; 2020; 2050, fense should seek to ensure that coordina- mittee stated plainly that it is time as modified; 1474; 1901; 1902; 1563; 1703; tion with State fish and wildlife managers, 1944, as modified; 1747; 2006; 1931; 2011; tribes, and local governments occurs suffi- that we ‘‘ought to have a real AUMF ciently in advance of traditional hunting, debate.’’ and 1916) agreed to en bloc are as fol- fishing, and recreational use seasons to fa- lows: So I am here to support the NDAA cilitate communication with hunting, fish- and the good work our chair and rank- AMENDMENT NO. 1974, AS MODIFIED ing, and recreational user groups. ing member and all the members have (Purpose: To express the sense of Congress AMENDMENT NO. 1472, AS MODIFIED done. But I am here to point out that on the security and protection of Iranian (Purpose: To exclude AbilityOne goods from on day 313, if we are willing to deal dissidents living in Camp Liberty, Iraq) the authority to acquire goods and services manufactured in Afghanistan, central with important, narrow, small issues, At the end of subtitle B of title XII, add the following: Asian states, and Djibouti) we should be finally willing to address At the end of subtitle E of title VIII, add the most important issue we have be- SEC. 1230. SENSE OF CONGRESS ON THE SECU- RITY AND PROTECTION OF IRANIAN the following: fore us. I challenge my colleagues to do DISSIDENTS LIVING IN CAMP LIB- SEC. 884. EXCEPTION FOR ABILITYONE GOODS this and to bring the same amount of ERTY, IRAQ. FROM AUTHORITY TO ACQUIRE attention and bipartisanship to debat- (a) FINDINGS.—Congress makes the fol- GOODS AND SERVICES MANUFAC- ing whether we should send American lowing findings: TURED IN AFGHANISTAN AND CEN- (1) The residents of Camp Liberty, Iraq, re- TRAL ASIAN STATES. troops to war as we are willing to apply (a) EXCLUSION OF CERTAIN ITEMS NOT MAN- nounced violence and unilaterally disarmed to barracks mold and vehicle rust. UFACTURED IN AFGHANISTAN.—Section 886 of more than a decade ago. the National Defense Authorization Act for With that, Madam President, I yield (2) The United States recognized the resi- the floor. Fiscal Year 2008 (10 U.S.C. 2302 note) is dents of the former Camp Ashraf who now re- amended— Mr. MCCAIN. Madam President, I side in Camp Liberty as ‘‘protected persons’’ (1) in subsection (a), by inserting ‘‘and ex- suggest the absence of a quorum. under the Fourth Geneva Convention and cept as provided in subsection (d),’’ after committed itself to protect the residents. ‘‘subsection (b),’’; and The PRESIDING OFFICER. The (3) The deterioration in the overall secu- clerk will call the roll. (2) by adding at the end the following new rity situation in Iraq has increased the vul- subsection: The bill clerk proceeded to call the nerability of Camp Liberty residents to at- ‘‘(d) EXCLUSION OF ITEMS ON THE tacks from proxies of the Iranian Revolu- roll. ABILITYONE PROCUREMENT CATALOG.—The tionary Guards Corps and Sunni extremists authority under subsection (a) of this section Mr. CORNYN. Madam President, associated with the Islamic State of Iraq and shall not be available for the procurement of with the bill managers’ permission, I the Levant (ISIL). any good that is contained in the procure- ask unanimous consent that the order (4) The increased vulnerability underscores ment catalog described in section 8503(a) of for the quorum call be rescinded. the need for an expedited relocation process title 41 in Afghanistan if such good can be and that these Iranian dissidents will neither The PRESIDING OFFICER. Without produced and delivered by a qualified non- be safe nor secure in Camp Liberty. profit agency for the blind or a nonprofit objection, it is so ordered. (b) SENSE OF CONGRESS.—It is the sense of agency for other severely disabled in a time- Mr. CORNYN. Madam President, I Congress that the United States should— ly fashion to support mission require- know the bill managers are working on (1) take prompt and appropriate steps in ments.’’. a final agreement, and I would defer to accordance with international agreements to (b) EXCLUSION OF CERTAIN ITEMS NOT MAN- them at this point. promote the physical security and protection UFACTURED IN CENTRAL ASIAN STATES.—Sec- of Camp Liberty residents; tion 801 of the National Defense Authoriza- The PRESIDING OFFICER. The Sen- (2) urge the Government of Iraq to uphold tion Act for Fiscal Year 2010 (Public Law ator from Arizona. its commitments to the United States to en- 111–84; 123 Stat. 2399) is amended—

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(1) in subsection (a), by inserting ‘‘and ex- (2) The term ‘‘senior official’’, with respect (2) ANNUAL BUDGET.—The President shall, cept as provided in subsection (h),’’ after to the Department of Defense, means a civil- acting through the Director of the Office of ‘‘subsection (b),’’; and ian official of the Department of Defense at Management and Budget, ensure that the an- (2) by adding at the end the following new the level of Assistant Secretary of Defense or nual budget submitted to Congress under subsection: above. section 1105 of title 31, United States Code, ‘‘(h) EXCLUSION OF ITEMS ON THE AMENDMENT NO. 1720 includes a separate section that clearly high- ABILITYONE PROCUREMENT CATALOG.—The lights programs and projects that are being (Purpose: To authorize transportation to authority under subsection (a) shall not be funded in the annual budget that relate to transfer ceremonies for the family and available for the procurement of any good the strategy developed under subsection (a) next of kin of members of the Armed that is contained in the procurement catalog and the Presidential Policy Directive issued Forces who die overseas during humani- described in section 8503(a) of title 41 if such under subsection (b). tarian operations) good can be produced and delivered by a AMENDMENT NO. 1908 At the end of subtitle C of title VI, add the qualified nonprofit agency for the blind or a (Purpose: To provide for a small business following: nonprofit agency for other severely disabled procurement ombudsman) in a timely fashion to support mission re- SEC. 622. TRANSPORTATION TO TRANSFER CERE- At the end of subtitle E of title VIII, add quirements.’’. MONIES FOR FAMILY AND NEXT OF KIN OF MEMBERS OF THE ARMED the following: AMENDMENT NO. 1890 FORCES WHO DIE OVERSEAS DUR- SEC. 884. SMALL BUSINESS PROCUREMENT OM- (Purpose: To modify the immediate applica- ING HUMANITARIAN OPERATIONS. BUDSMAN. bility of basic allowance for housing for Section 481f(e)(1) of title 37, United States (a) IN GENERAL.—The small business offices married members assigned for duty within Code, is amended by inserting ‘‘(including in the Office of the Secretary of Defense and normal commuting distance) during a humanitarian relief operation)’’ the military departments shall serve as On page 213, between lines 9 and 10, insert after ‘‘located or serving overseas’’. intermediaries between small businesses and the following: contracting officials prior to the award of AMENDMENT NO. 1708 (3) PRESERVATION OF CURRENT BAH FOR CER- contracts in cases where a small business (Purpose: To require a strategy to promote TAIN OTHER MARRIED MEMBERS.—Notwith- prospective contractor notifies the small standing paragraph (1), the amount of basic United States interests in the Indo-Asia- business office that it has reason to believe allowance for housing payable to a member Pacific region) that the contracting process has been modi- of the uniformed services under section 403 of At the end of subtitle E of title XII, add fied to preclude a small business from bid- title 37, United States Code, as of September the following: ding on the contract or would give another 30, 2015, shall not be reduced by reason of the SEC. 1264. STRATEGY TO PROMOTE UNITED contractor an unfair competitive advantage. amendment made by subsection (a) unless— STATES INTERESTS IN THE INDO- (b) RULE OF CONSTRUCTION.—Nothing in (A) the member and the member’s spouse ASIA-PACIFIC REGION. this section shall be construed to preclude a undergo a permanent change of station re- (a) STRATEGY.—Not later than 120 days contractor from exercising the right to ini- quiring a change of residence; after the date of the enactment of this Act, tiate a bid protest under a contract. (B) the member and the member’s spouse the President shall develop an overall strat- AMENDMENT NO. 1678 move into or commence living in on-base egy to promote United States interests in (Purpose: To provide for the more accurate housing; or the Indo-Asia-Pacific region. Such strategy and complete enumeration of members of AMENDMENT NO. 1705 shall be informed by the following: the Armed Forces in any tabulation of (1) The national security strategy of the (Purpose: To provide for military exchanges total population by the Secretary of Com- United States for 2015 set forth in the na- between senior officers and officials of the merce) tional security strategy report required United States and Taiwan) At the appropriate place, insert the fol- under section 108(a)(3) of the National Secu- lowing: At the end of subtitle E of title XII, add rity Act of 1947 (50 U.S.C. 5043(a)(3)), as such SEC. lll. IMPROVED ENUMERATION OF MEM- the following: strategy relates to United States interests in SEC. 1264. MILITARY EXCHANGES BETWEEN SEN- BERS OF THE ARMED FORCES IN the Indo-Asia-Pacific region. ANY TABULATION OF TOTAL POPU- IOR OFFICERS AND OFFICIALS OF (2) The 2014 Quadrennial Defense Review THE UNITED STATES AND TAIWAN. LATION BY SECRETARY OF COM- (QDR), as it relates to United States inter- MERCE. (a) IN GENERAL.—The Secretary of Defense (a) IN GENERAL.—Section 141 of title 13, should carry out a program of exchanges of ests in the Indo-Asia-Pacific region. United States Code, is amended— senior military officers and senior officials (3) The 2015 Quadrennial Diplomacy and (1) by redesignating subsection (g) as sub- between the United States and Taiwan de- Development Review (QDDR), as it relates to section (h); and signed to improve military to military rela- United States interests in the Indo-Asia-Pa- (2) by inserting after subsection (f) the fol- tions between the United States and Taiwan. cific region. lowing: (b) EXCHANGES DESCRIBED.—For the pur- (4) The strategy to prioritize United States ‘‘(g) Effective beginning with the 2020 de- poses of this section, an exchange is an ac- defense interests in the Asia-Pacific region cennial census of population, in taking any tivity, exercise, event, or observation oppor- as contained in the report required by sec- tabulation of total population by States, the tunity between members of the Armed tion 1251(a) of the Carl Levin and Howard P. Secretary shall take appropriate measures to Forces and officials of the Department of De- ‘‘Buck’’ McKeon National Defense Author- ensure, to the maximum extent practicable, fense, on the one hand, and armed forces per- ization Act for Fiscal Year 2015 (Public Law that all members of the Armed Forces de- sonnel and officials of Taiwan, on the other 113–291; 128 Stat. 3570). ployed abroad on the date of taking such hand. (5) The integrated, multi-year planning tabulation are— (c) FOCUS OF EXCHANGES.—The exchanges and budget strategy for a rebalancing of under the program carried out pursuant to United States policy in Asia submitted to ‘‘(1) fully and accurately counted; and subsection (a) shall include exchanges fo- Congress pursuant to section 7043(a) of the ‘‘(2) properly attributed to the State in cused on the following: Department of State, Foreign Operations, which their permanent duty station or (1) Threat analysis. and Related Programs Appropriations Act, homeport is located on such date.’’. (b) CONSTRUCTION.—The amendments made (2) Military doctrine. 2014 (division K of the Consolidated Appro- by subsection (a) shall not be construed to (3) Force planning. priations Act, 2014 (Public Law 113–76)). affect the residency status of any member of (4) Logistical support. (b) PRESIDENTIAL POLICY DIRECTIVE.—The the Armed Forces under any provision of law (5) Intelligence collection and analysis. President shall issue a Presidential Policy other than title 13, United States Code. (6) Operational tactics, techniques, and Directive to appropriate departments and procedures. agencies of the United States Government AMENDMENT NO. 1811 (7) Humanitarian assistance and disaster that contains the strategy developed under (Purpose: To provide for sustainment relief. subsection (a) and includes implementing enhancement) (d) CIVIL-MILITARY AFFAIRS.—The ex- guidance to such departments and agencies. On page 375, line 4, insert ‘‘, which includes changes under the program carried out pur- (c) RELATION TO AGENCY PRIORITY GOALS a sustainment strategy,’’ after ‘‘strategy’’. suant to subsection (a) shall include activi- AND ANNUAL BUDGET.— On page 377, line 13, strike ‘‘(d) In this sec- ties and exercises focused on civil-military (1) AGENCY PRIORITY GOALS.—In identifying tion’’ and insert the following: relations, including parliamentary relations. agency priority goals under section 1120(b) of ‘‘(9) A sustainment strategy which includes (e) LOCATION OF EXCHANGES.—The ex- title 31, United States Code, for each appro- all aspects of the total life cycle manage- changes under the program carried out pur- priate department and agency of the United ment of the weapon system, including prod- suant to subsection (a) shall be conducted in States Government, the head of such depart- uct support, logistics, product support engi- both the United States and Taiwan. ment or agency, or as otherwise determined neering, supply chain integration, mainte- (f) DEFINITIONS.—In this section: by the Director of the Office of Management nance, acquisition logistics, and all aspects (1) The term ‘‘senior military officer’’, and Budget, shall take into consideration of software sustainment. with respect to the Armed Forces, means a the strategy developed under subsection (a) ‘‘(d) INDEPENDENT COST ESTIMATE.—The Di- general or flag officer of the Armed Forces and the Presidential Policy Directive issued rector of Cost Analysis and Program Evalua- on active duty. under subsection (b). tion shall perform an evaluation of the

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sustainment portion of the acquisition strat- thereafter, the Secretary of the Army shall ‘‘(c) PROCEDURES.— egy required by subsection (c)(9) prior to the consult with the Executive Director of the ‘‘(1) IN GENERAL.—The Chief of the Na- Milestone B decision. United States Interagency Council on Home- tional Guard Bureau shall— ‘‘(e) In this section lessness on types of non-mobile properties ‘‘(A) establish, maintain, and update as ap- On page 410, after line 21, add the fol- that may be feasible for relocation and suit- propriate a list of core competencies to sup- lowing: able to assist the homeless. port each program established under sub- SEC. 852. SUSTAINMENT ENHANCEMENT. (b) SUNSET.—The authority under sub- section (a), collectively and for each State (a) ASSESSMENT EXPANSION OF FUNCTIONS section (a) shall expire on September 30, 2017. and territory, and shall submit for approval OF ASSISTANT SECRETARY OF DEFENSE FOR AMENDMENT NO. 2050, AS MODIFIED to the Secretary of Defense the list of core competencies and additional information LOGISTICS AND MATERIEL READINESS TO IN- (Purpose: To require a report on the security CLUDE SUSTAINMENT FUNCTIONS.—Not later needed to make use of such core com- relationship between the United States and petencies; and than 180 days after the date of the enactment the Republic of Cyprus) of this Act, the Secretary of Defense shall ‘‘(B) designate a director for each State submit to the congressional defense commit- At the end of subtitle F of title XII, add and territory who shall be responsible for the tees a report setting forth an assessment of the following: coordination of activities under a program the feasibility and advisability of— SEC. 1274. REPORT ON THE SECURITY RELATION- established under subsection (a) for such (1) assigning to the Assistant Secretary of SHIP BETWEEN THE UNITED STATES State or territory and reporting on activities Defense for Logistics and Materiel Readi- AND THE REPUBLIC OF CYPRUS. under the program. ness— (a) IN GENERAL.—Not later than 120 days ‘‘(2) MILITARY-TO-CIVILIAN CORE COM- (A) functions relating to the sustainment after the date of the enactment of this Act, PETENCIES.—The Secretary of Defense, with strategy required under section 2431a(c)(9) of the Secretary of Defense and the Secretary the concurrence of the Secretary of State, Title 10, United States Code, as added by sec- of State shall jointly submit to the appro- may conduct an activity under a program es- tion 841 of this Act; and priate congressional committees a report on tablished under subsection (a) relating to (B) functions relating to manufacturing the security relationship between the United military-to-civilian core competencies.’’. (d) NATIONAL GUARD STATE PARTNERSHIP and industrial base policy currently being States and the Republic of Cyprus. PROGRAM FUND.—Subsection (e) of such sec- carried out within the Office of the Sec- (b) ELEMENTS.—The report required under tion (as redesignated) is amended by adding retary of Defense; and subsection (a) shall include the following ele- at the end the following: (2) redesignating such Assistant Secretary ments: ‘‘(3) NATIONAL GUARD STATE PARTNERSHIP (with such functions so assigned and to- (1) A description of ongoing military and PROGRAM FUND.— gether with the current logistics and mate- security cooperation between the United ‘‘(A) ESTABLISHMENT.— rial readiness functions of such Assistant States and the Republic of Cyprus. ‘‘(i) BOOKS OF DOD.—Except as provided in Secretary) as the Assistant Secretary of De- (2) A discussion of potential steps for en- hancing the bilateral security relationship clause (ii), the Secretary of Defense shall es- fense for Sustainment. tablish on the books of the Department of (b) SENSE OF CONGRESS.—It is the sense of between the United States and Cyprus, in- Defense a National Guard State Partnership Congress that— cluding steps to enhance the military and se- Program Fund. (1) the Department of Defense does not curity capabilities of the Republic of Cyprus. ‘‘(ii) BOOKS OF TREASURY.—If not later than place sufficient emphasis on sustainment of (3) An analysis of the effect on the bilat- eral security relationship of the United February 1, 2016, the Secretary determines a weapon system during the entire acquisi- and reports to the appropriate congressional tion process; and States policy to deny applications for li- censes and other approvals for the export of committees that in the opinion of the Sec- (2) the Department of Defense should ad- retary a fund such as the Fund described in dress this deficiency and ensure that all as- defense articles and defense services to the armed forces of Cyprus. clause (i) should be established on the books pect of weapon system sustainment are care- of the Department of the Treasury, the Sec- fully considered throughout the entire Inte- (4) An analysis of the extent to which such United States policy is consistent with over- retary of the Treasury shall establish on the grated Defense Acquisition, Technology, and books of the Treasury on that date a Fund to Logistics Life Cycle Management System. all United States security and policy objec- tives in the region. be known as the National Guard State Part- AMENDMENT NO. 1825 (5) An assessment of the potential impact nership Program Fund. (Purpose: To authorize appropriations for of lifting such United States policy. ‘‘(B) CREDITS.—In administering the Fund national security aspects of the Merchant (c) DEFINITION.—In this section, the term established under subparagraph (A), the Sec- Marine for fiscal years 2016 and 2017, and for ‘‘appropriate congressional committees’’ retary shall, to the extent the Secretary de- other purposes.) means— termines it to be appropriate, provide for the (The amendment is printed in the (1) the congressional defense committees; following amounts to be credited to the Fund: RECORD of June 8, 2015, under ‘‘Text of and ‘‘(i) Amounts authorized and appropriated Amendments.’’) (2) the Committee on Foreign Relations of the Senate and the Committee on Foreign to carry out operations under this section. AMENDMENT NO. 2020 Affairs of the House of Representatives. ‘‘(ii) Amounts that the Secretary of De- (Purpose: To demonstrate the effects of a fense transfers, in such amounts as provided AMENDMENT NO. 1474 method to facilitate the disposal of excess in appropriations Acts, to the Fund from Army property and management of under- (Purpose: To propose an alternative to sec- amounts authorized and appropriated to the utilized and unutilized property by pro- tion 1204, relating to the National Guard Department of Defense, including amounts viding an exemption from certain require- State Partnership Program) authorized to be appropriated for the Army ments for off-site use and off-site removal Strike section 1204 and insert the fol- National Guard and the Air National Guard. only of non-mobile properties) lowing: ‘‘(C) INCLUSION IN ANNUAL BUDGET.—The At the end of subtitle B of title XXVIII, SEC. 1204. PERMANENCE AND MODIFICATION OF President shall include the Fund established add the following: AUTHORITIES RELATING TO NA- under subparagraph (A) in the budget that TIONAL GUARD STATE PARTNER- SEC. 2815. EXEMPTION OF ARMY OFF-SITE USE the President submits to Congress under sec- SHIP PROGRAM. AND OFF-SITE REMOVAL ONLY NON- tion 1105(a) of title 31, United States Code, MOBILE PROPERTIES FROM CER- (a) AUTHORITY.—Subsection (a)(1) of sec- for each fiscal year in which the authority TAIN EXCESS PROPERTY DISPOSAL tion 1205 of the National Defense Authoriza- under subsection (a) is in effect.’’. REQUIREMENTS. tion Act for Fiscal Year 2014 (Public Law (e) ANNUAL REPORT.—Paragraph (2)(B) of (a) IN GENERAL.—Excess or unutilized or 113–66; 127 Stat. 897; 32 U.S.C. 107 note) is subsection (f) of such section (as redesig- underutilized non-mobile property of the amended by adding at the end before the pe- nated) is amended— Army that is situated on non-excess land riod the following: ‘‘to support the national (1) in clause (iii), by inserting ‘‘or other shall be exempt from the requirements of interests and security cooperation goals and government organizations’’ after ‘‘and secu- title V of the McKinney-Vento Homeless As- objectives of the United States, including ap- rity forces’’; sistance Act (42 U.S.C. 11411 et seq.) upon a plicable policy and guidelines for United (2) in clause (iv), by adding at the end be- determination by the Secretary of the Army States security sector assistance’’. fore the period the following: ‘‘and country’’; that— (b) LIMITATION.—Subsection (b) of such sec- (3) in clause (v), by striking ‘‘training’’ and (1) the property is not feasible to relocate; tion is amended by inserting ‘‘that is not’’ inserting ‘‘activities’’; and (2) the property is located in an area to after ‘‘an activity that the Secretary of De- (4) by adding at the end the following: which the general public is denied access in fense determines is a matter’’. ‘‘(vi) An assessment of the extent to which the interest of national security; and (c) PROCEDURES.—Such section, as so the activities conducted during the previous (3) the exemption would facilitate the effi- amended, is further amended— year met the objectives described in clause cient disposal of excess property or result in (1) by redesignating subsections (c) (v). more efficient real property management. through (g) as subsections (d) through (h), ‘‘(vii) The list of core competencies re- (b) CONSULTATION.—Before making an ini- respectively; and quired by subsection (c)(1) and any update to tial determination under the authority pro- (2) by inserting after subsection (b) the fol- any changes to the list of core competencies vided under subsection (a), and periodically lowing: required by subsection (c)(1).’’.

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(f) DEFINITIONS.—Subsection (h) of such (1) With respect to gaming facilities at AMENDMENT NO. 1703 section (as redesignated) is amended— military installations, disaggregated by each (Purpose: To authorize the provision of post- (1) in paragraph (1), by striking subpara- branch of the Armed Forces— traumatic stress disorder training to mili- graphs (A) and (B) and inserting the fol- (A) the number, type, and location of such tary and security forces of the Government lowing: gaming facilities; of Ukraine) ‘‘(A) the congressional defense committees; (B) the total amount of cash flow through On page 636, between lines 12 and 13, insert and such gaming facilities; and the following: ‘‘(B) the Committee on Foreign Relations (C) the amount of revenue generated by (10) Training and best practices to identify of the Senate and the Committee on Foreign such gaming facilities for morale, welfare, and treat post-traumatic stress disorder Affairs of the House of Representatives.’’; and recreation programs of the Department among Ukrainian Armed Forces and Na- (2) by redesignating paragraph (2) as para- of Defense. tional Guard personnel. graph (3); (2) An assessment of the prevalence of and (3) by inserting after paragraph (1) (as particular risks for problem gambling among AMENDMENT NO. 1944, AS MODIFIED amended) the following: members of the Armed Forces, including (Purpose: To reform and improve personnel ‘‘(2) CORE COMPETENCIES.—The term ‘core such recommendations for policies and pro- security, insider threat detection and pre- competencies’ means military-to-military grams to be carried out by the Department vention, and physical security) and military-to-civilian skills and capabili- to address problem gambling as the Sec- At the end of subtitle G of title X, add the ties of the National Guard, consistent with retary considers appropriate. following: the roles and missions of the Armed Forces (3) An assessment of the ability and capac- as established by the Secretary of Defense.’’; ity of military health care personnel to ade- SEC. 1085. REFORM AND IMPROVEMENT OF PER- SONNEL SECURITY, INSIDER and quately diagnose and provide dedicated THREAT DETECTION AND PREVEN- (4) by adding at the end the following: treatment for problem gambling, including— TION, AND PHYSICAL SECURITY. ‘‘(4) STATE.—The term ‘State’ means each (A) a comparison of treatment programs of (a) PERSONNEL SECURITY AND INSIDER of the several States and the District of Co- the Department for alcohol abuse, illegal THREAT PROTECTION IN DEPARTMENT OF DE- lumbia. substance abuse, and tobacco addiction with FENSE.— ‘‘(5) TERRITORY.—The term ‘territory’ treatment programs of the Department for (1) PLANS AND SCHEDULES.—Consistent with means the Commonwealth of Puerto Rico, problem gambling; and the Memorandum of the Secretary of Defense Guam, and the Virgin Islands.’’. (B) an assessment of whether additional dated March 18, 2014, regarding the rec- (g) PERMANENT AUTHORITY.—Such section training for military health care personnel ommendations of the reviews of the Wash- is further amended by striking subsection (i). on providing treatment for problem gam- ington Navy Yard shooting, the Secretary of AMENDMENT NO. 1901 bling would be beneficial. Defense shall develop plans and schedules— (Purpose: To require reporting on foreign (4) An assessment of the financial coun- (A) to implement a continuous evaluation procurements) seling and related services that are available capability for the national security popu- At the end of subtitle E of title VIII, add to members of the Armed Forces and their lation for which clearance adjudications are the following: dependents who are impacted by problem conducted by the Department of Defense SEC. 884. ANNUAL REPORT ON FOREIGN PRO- gambling. Central Adjudication Facility, in coordina- CUREMENTS. (c) REPORT.— tion with the Suitability Executive Agent, (a) IN GENERAL.—Chapter 137 of title 10, (1) IN GENERAL.—Not later than one year the Security Executive Agent, and the Direc- United States Code, is amended by adding at after the date of the enactment of this Act, tor of the Office of Management and Budget; the end the following new section: the Comptroller General shall submit to the (B) to produce a Department-wide insider appropriate committees of Congress a report ‘‘§ 2338. Reporting on foreign purchases threat strategy and implementation plan, on the results of the study conducted under which includes— ‘‘(a) IN GENERAL.—Not later than 60 days subsection (a). after the end of fiscal year 2016, and each fis- (i) resourcing for the Defense Insider (2) APPROPRIATE COMMITTEES OF CONGRESS cal year thereafter, the Secretary of Defense Threat Management and Analysis Center DEFINED.—In this section, the term ‘‘appro- shall submit to the appropriate congres- (DITMAC) and component insider threat pro- priate committees of Congress’’ means— sional defense committees a report listing grams, and (A) the Committee on Armed Services and specific procurements by the Department of (ii) alignment of insider threat protection the Committee on Appropriations of the Sen- Defense in that fiscal year of articles, mate- programs with continuous evaluation capa- ate; and rials, or supplies valued greater than bilities and processes for personnel security; (B) the Committee on Armed Services and $5,000,000, indexed to inflation, using the ex- (C) to centralize the authority, account- the Committee on Appropriations of the ception under section 8302(a)(2)(A) of title 41. ability, and programmatic integration re- House of Representatives. This report may be submitted as part of the sponsibilities, including fiscal control, for report required under section 8305 of such AMENDMENT NO. 1563 personnel security and insider threat protec- title. (Purpose: To require the Secretary of De- tion under the Under Secretary of Defense ‘‘(b) APPROPRIATE CONGRESSIONAL COMMIT- fense and the Secretary of Veterans Affairs for Intelligence; TEES DEFINED.—In this section, the term ‘ap- to jointly submit to Congress a report on (D) to align the Department’s consolidated propriate congressional committees’ means the implementation of new or updated Central Adjudication Facility under the the congressional defense committees, the electronic health records in certain envi- Under Secretary of Defense for Intelligence; Committee on Homeland Security and Gov- ronments) (E) to develop a defense security enterprise ernmental Affairs of the Senate, and the At the end of subtitle C of title VII, add reform investment strategy to ensure a con- Committee on Oversight and Government the following: sistent, long-term focus on funding to Reform of the House of Representatives.’’. SEC. 738. REPORT ON IMPLEMENTATION OF DATA strengthen all of the Department’s security (b) CLERICAL AMENDMENT.—The table of SECURITY AND TRANSMISSION and insider threat programs, policies, func- sections at the beginning of chapter 137 of STANDARDS FOR ELECTRONIC tions, and information technology capabili- title 10, United States Code, is amended by HEALTH RECORDS. ties, including detecting threat behaviors inserting after the item relating to section (a) IN GENERAL.—Not later than June 1, conveyed in the cyber domain, in a manner 2337 the following new item: 2016, the Secretary of Defense and the Sec- that keeps pace with evolving threats and ‘‘2338. Reporting on foreign purchases.’’. retary of Veterans Affairs shall jointly sub- risks; AMENDMENT NO. 1902 mit to Congress a report on the standards for (F) to resource and expedite deployment of (Purpose: To require the Comptroller Gen- security and transmission of data to be im- the Identity Management Enterprise Serv- eral of the United States to conduct a plemented by the Department of Defense and ices Architecture (IMESA); and study on problem gambling among mem- the Department of Veterans Affairs in de- (G) to implement the recommendations bers of the Armed Forces) ploying the new or updated, as the case may contained in the study conducted by the Di- At the end of subtitle C of title VII, add be, electronic health record system of each rector of Cost Analysis and Program Evalua- the following: such Department (required to be deployed by tion required by section 907 of the National each such Department under section 713 of Defense Authorization Act for Fiscal Year SEC. 738. COMPTROLLER GENERAL STUDY ON GAMBLING AND PROBLEM GAM- the National Defense Authorization Act for 2014 (Public Law 113–66; 10 U.S.C. 1564 note), BLING BEHAVIOR AMONG MEMBERS Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. including, specifically, the recommendations OF THE ARMED FORCES. 1071 note)) at military installations and in to centrally manage and regulate Depart- (a) IN GENERAL.—The Comptroller General field environments. ment of Defense requests for personnel secu- of the United States shall conduct a study on (b) TRANSMISSION OF DATA.—The report re- rity background investigations. gaming facilities at military installations quired by subsection (a) shall include infor- (2) REPORTING REQUIREMENT.—Not later and problem gambling among members of mation on standards for transmission of data than 180 days after the date of the enactment the Armed Forces. between the Department of Defense and the of this Act, the Secretary of Defense shall (b) MATTERS INCLUDED.—The study con- Department of Veterans Affairs and stand- submit to the appropriate committees of ducted under subsection (a) shall include the ards for transmission of data between each Congress a report describing the plans and following: such Department and private sector entities. schedules required under paragraph (1).

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(b) PHYSICAL AND LOGICAL ACCESS.—Not (1) implement the Security Executive employees, using Federal Investigative later than 270 days after the date of the en- Agent Directive on common, standardized Standards jointly promulgated by the Secu- actment of this Act— employee and contractor security reporting rity Executive Agent and the Suitability Ex- (1) the Secretary of Defense shall define requirements; ecutive Agent in accordance with— physical and logical access standards, capa- (2) establish and implement uniform re- ‘‘(i) Executive Order 13467 (73 Fed. Reg. bilities, and processes applicable to all per- porting requirements for employees and Fed- 38103), or any successor thereto; and sonnel with access to Department of Defense eral contractors, according to risk, relative ‘‘(ii) the Office of Management and Budget installations and information technology to the safety of the workforce and protection Memorandum ‘Assignment of Functions Re- systems, including— of the most sensitive information of the Gov- lating to Coverage of Contractor Employee (A) periodic or regularized background or ernment; and Fitness in the Federal Investigative Stand- records checks appropriate to the type of (3) ensure that reported information is ards’, dated December 6, 2012; physical or logical access involved, the secu- shared appropriately. ‘‘(C) credentialing under the Homeland Se- rity level, the category of individuals au- (f) ACCESS TO CRIMINAL HISTORY RECORDS curity Presidential Directive 12 (dated Au- thorized, and the level of access to be grant- FOR NATIONAL SECURITY AND OTHER PUR- gust 27, 2004); and ed; POSES.— ‘‘(D) Federal Aviation Administration (B) standards and methods for verifying (1) DEFINITION.—Section 9101(a) of title 5, checks required under— the identity of individuals seeking access; United States Code, is amended by adding at ‘‘(i) the Federal Aviation Administration and the end the following: Drug Enforcement Assistance Act of 1988 (C) electronic attribute-based access con- ‘‘(7) The terms ‘Security Executive Agent’ (subtitle E of title VII of Public Law 100–690; trols that are appropriate for the type of ac- and ‘Suitability Executive Agent’ mean the 102 Stat. 4424) and the amendments made by cess and facility or information technology Security Executive Agent and the Suit- that Act; or system involved; ability Executive Agent, respectively, estab- ‘‘(ii) section 44710 of title 49.’’. lished under Executive Order 13467 (73 Fed. (2) the Director of the Office of Manage- (4) BIOMETRIC AND BIOGRAPHIC SEARCHES.— ment and Budget and the Chair of the Per- Reg. 38103), or any successor thereto.’’. Section 9101(b)(2) of title 5, United States formance Accountability Council, in coordi- (2) COVERED AGENCIES.—Section 9101(a)(6) Code, is amended to read as follows: nation with the Secretary of Defense, and of title 5, United States Code, is amended by ‘‘(2)(A) A State central criminal history adding at the end the following: the Administrator of General Services, and record depository shall allow a covered agen- ‘‘(G) The Department of Homeland Secu- in consultation with representatives from cy to conduct both biometric and biographic rity. stakeholder organizations, shall design a ca- searches of criminal history record informa- ‘‘(H) The Office of the Director of National pability to share and apply electronic iden- tion. Intelligence. tity information across the Government to ‘‘(B) Nothing in subparagraph (A) shall be ‘‘(I) An Executive agency that— enable real-time, risk-managed physical and construed to prohibit the Federal Bureau of ‘‘(i) is authorized to conduct background logical access decisions; and Investigation from requiring a request for investigations under a Federal statute; or (3) the Director of the Office of Manage- criminal history record information to be ac- ‘‘(ii) is delegated authority to conduct ment and Budget, in conjunction with the companied by the fingerprints of the indi- background investigations in accordance vidual who is the subject of the request.’’. Director of the Office of Personnel Manage- with procedures established by the Security ment and in consultation with representa- (5) USE OF MOST COST-EFFECTIVE SYSTEM.— Executive Agent or the Suitability Execu- Section 9101(e) of title 5, United States Code, tives from stakeholder organizations, shall tive Agent under subsection (b) or (c)(iv) of establish investigative and adjudicative is amended by adding at the end the fol- section 2.3 of Executive Order 13467 (73 Fed. lowing: standards for the periodic or regularized re- Reg. 38103), or any successor thereto. evaluation of the eligibility of an individual ‘‘(6) If a criminal justice agency is able to ‘‘(J) A contractor that conducts a back- provide the same information through more to retain credentials issued pursuant to ground investigation on behalf of an agency than 1 system described in paragraph (1), a Homeland Security Presidential Directive 12 described in subparagraphs (A) through (I).’’. covered agency may request information (dated August 27, 2004), as appropriate, but (3) APPLICABLE PURPOSES OF INVESTIGA- under subsection (b) from the criminal jus- not less frequently than the authorization TIONS.—Section 9101(b)(1) of title 5, United tice agency, and require the criminal justice period of the issued credentials. States Code, is amended— agency to provide the information, using the (c) SECURITY ENTERPRISE MANAGEMENT.— (A) by redesignating subparagraphs (A) system that is most cost-effective for the Not later than 180 days after the date of en- through (D) as clauses (i) through (iv), re- Federal Government.’’. actment of this Act, the Director of the Of- spectively, and adjusting the margins ac- (6) SEALED OR EXPUNGED RECORDS; JUVENILE fice of Management and Budget shall— cordingly; RECORDS.— (1) formalize the Security, Suitability, and (B) in the matter preceding clause (i), as (A) IN GENERAL.—Section 9101(a)(2) of title Credentialing Line of Business; redesignated— 5, United States Code, is amended— (2) submit a report to the appropriate con- (i) by striking ‘‘the head of’’; (i) in the first sentence, by inserting before gressional committee that describes plans— (ii) by inserting ‘‘all’’ before ‘‘criminal his- the period the following: ‘‘, and includes any (A) for oversight by the Office of Manage- tory record information’’; and analogous juvenile records’’; and ment and Budget of activities of the execu- (iii) by striking ‘‘for the purpose of deter- (ii) by striking the third sentence and in- tive branch of the Government for personnel mining eligibility for any of the following:’’ serting the following: ‘‘The term includes security, suitability, and credentialing; and inserting ‘‘, in accordance with Federal those records of a State or locality sealed (B) to designate enterprise shared services Investigative Standards jointly promulgated pursuant to law if such records are accessible to optimize investments; by the Suitability Executive Agent and Se- by State and local criminal justice agencies (C) to define and implement data standards curity Executive Agent, for the purpose of— for the purpose of conducting background to support common electronic access to crit- ‘‘(A) determining eligibility for—’’; checks.’’. ical Government records; and (C) in clause (i), as redesignated— (B) SENSE OF CONGRESS.—It is the sense of (D) to reduce the burden placed on Govern- (i) by striking ‘‘Access’’ and inserting ‘‘ac- Congress that the Federal Government ment data providers by centralizing requests cess’’; and should not uniformly reject applicants for for records access and ensuring proper shar- (ii) by striking the period and inserting a employment with the Federal Government ing of the data with appropriate investiga- semicolon; or Federal contractors based on— tive and adjudicative elements. (D) in clause (ii), as redesignated— (i) sealed or expunged criminal records; or (d) RECIPROCITY MANAGEMENT.—Not later (i) by striking ‘‘Assignment’’ and inserting (ii) juvenile records. than 2 years after the date of enactment of ‘‘assignment’’; and (7) INTERACTION WITH LAW ENFORCEMENT this Act, the Chair of the Performance Ac- (ii) by striking the period and inserting ‘‘or AND INTELLIGENCE AGENCIES ABROAD.—Sec- countability Council shall ensure that— positions;’’; tion 9101 of title 5, United States Code, is (1) a centralized system is available to (E) in clause (iii), as redesignated— amended by adding at the end the following: serve as the reciprocity management system (i) by striking ‘‘Acceptance’’ and inserting ‘‘(g) Upon request by a covered agency and for the Federal Government; and ‘‘acceptance’’; and in accordance with the applicable provisions (2) the centralized system described in (ii) by striking the period and inserting ‘‘; of this section, the Deputy Assistant Sec- paragraph (1) is aligned with, and incor- or’’; retary of State for Overseas Citizens Serv- porates results from, continuous evaluation (F) in clause (iv), as redesignated— ices shall make available criminal history and other enterprise reform initiatives. (i) by striking ‘‘Appointment’’ and insert- record information collected by the Deputy (e) REPORTING REQUIREMENTS IMPLEMENTA- ing ‘‘appointment’’; Assistant Secretary with respect to an indi- TION.—Not later than 180 days after the date (ii) by striking ‘‘or a critical or sensitive vidual who is under investigation by the cov- of enactment of this Act, the Chair of the position’’; and ered agency regarding any interaction of the Performance Accountability Council, in co- (iii) by striking the period and inserting ‘‘; individual with a law enforcement agency or ordination with the Security Executive or’’; and intelligence agency of a foreign country.’’. Agent, the Suitability Executive Agent, and (G) by adding at the end the following: (8) CLARIFICATION OF SECURITY REQUIRE- the Secretary of Defense, shall jointly de- ‘‘(B) conducting a basic suitability or fit- MENTS FOR CONTRACTORS CONDUCTING BACK- velop a plan to— ness assessment for Federal or contractor GROUND INVESTIGATIONS.—Section 9101 of

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The National Action Plan states ‘‘(h) If a contractor described in subsection gram to— that ‘‘the engagement and protection of (a)(6)(J) uses an automated information de- (I) conduct background checks on employ- women as agents of peace and stability will livery system to request criminal history ees, contractors, and other individuals; be central to United States efforts to pro- record information, the contractor shall (II) adjudicate the results of a background mote security, prevent, respond to, and re- comply with any necessary security require- check, including the utilization of a stand- solve conflict, and rebuild societies’’. ments for access to that system.’’. ardized set of disqualifying offenses or the (3) As stated in the Department of De- (9) CLARIFICATION REGARDING ADVERSE AC- consideration of minor, non-violent, or juve- fense’s October 2014 Report on Progress To- TIONS.—Section 7512 of title 5, United States nile offenses; and ward Security and Stability in Afghanistan, Code, is amended— (III) establish access control systems to the Department of Defense and the Inter- (A) in subparagraph (D), by striking ‘‘or’’; deter unauthorized access, or provide a secu- national Security Assistance Force (ISAF) (B) in subparagraph (E), by striking the pe- rity credential for any level of access to a ‘‘maintain a robust program dedicated to im- riod and inserting ‘‘, or’’; and covered facility or resource; proving the recruitment, retention, and (C) by adding at the end the following: (iii) a review of any efforts that the treatment of women in the Afghan National ‘‘(F) a suitability action taken by the Of- Screening Coordination Office of the Depart- Security Forces (ANSF), and to improving fice under regulations prescribed by the Of- ment of Homeland Security has undertaken the status of Afghan women in general’’. fice, subject to the rules prescribed by the or plans to undertake to harmonize or stand- (4) According to the Department of De- President under this title for the administra- ardize background check, access control, or fense’s October 2014 Report on Progress To- tion of the competitive service.’’. credentialing requirements for critical infra- ward Security and Stability in Afghanistan, the ‘‘Afghan MoI showed significant support (10) ANNUAL REPORT BY SUITABILITY AND SE- structure and key resource protection pro- for women in the MoI and is taking steps to CURITY CLEARANCE PERFORMANCE ACCOUNT- grams overseen by the Department; and protect and empower female police and fe- ABILITY COUNCIL.—Section 9101 of title 5, (iv) recommendations, developed in con- United States Code, as amended by this sub- sultation with appropriate stakeholders, re- male MoI staff’’. Although some positive section, is amended by adding at the end the garding— steps have been made, progress remains slow to reach the MoI’s goal of recruiting 10,000 following: (I) enhancing the interoperability of secu- rity credentials across critical infrastruc- women in the Afghan National Police (ANP) ‘‘(i) The Suitability and Security Clear- in the next 10 years. ance Performance Accountability Council es- ture and key resource protection programs; (II) eliminating the need for redundant (5) According to Inclusive Security, women tablished under Executive Order 13467 (73 only make up approximately 1 percent of the Fed. Reg. 38103), or any successor thereto, background checks or credentials across ex- isting critical infrastructure and key re- Afghan National Police. There are about shall submit to the Committee on Armed 2,200 women serving in the police force, fewer Services, the Committee on Homeland Secu- source protection programs; (III) harmonizing, where appropriate, the than the goal of 5,000 women set by the Gov- rity and Governmental Affairs, the Com- ernment of Afghanistan. mittee on Appropriations, and the Select standards for identifying potentially dis- qualifying criminal offenses and the weight (6) According to the International Crisis Committee on Intelligence of the Senate, Group, there are not enough female police of- assigned to minor, nonviolent, or juvenile of- and the Committee on Armed Services, the ficers to staff all provincial Family Response fenses in adjudicating the results of a com- Committee on Oversight and Government Units (FRUs). United Nations Assistance pleted background check; and Reform, the Committee on Appropriations, Mission Afghanistan and the Office of the (IV) the development of common, risk- and the Permanent Select Committee on In- High Commissioner for Refugees found that based standards with respect to the back- telligence of the House of Representatives, ‘‘in the absence of Family Response Units or ground check, access control, and security an annual report that— visible women police officers, women victims credentialing requirements for critical infra- ‘‘(1) describes efforts of the Council to inte- almost never approach police stations will- structure and key resource protection pro- grate Federal, State, and local systems for ingly, fearing they will be arrested, their grams. sharing criminal history record information; reputations stained or worse’’. (g) DEFINITIONS.—In this section— ‘‘(2) analyzes the extent and effectiveness (b) SENSE OF CONGRESS ON PROMOTION OF (1) the term ‘‘appropriate committees of of Federal education programs regarding SECURITY OF AFGHAN WOMEN.—It is the sense Congress’’ means— criminal history record information; of Congress that— (A) the congressional defense committees; ‘‘(3) provides an update on the implementa- (1) it is in the national security interests (B) the Select Committee on Intelligence tion of best practices for sharing criminal of the United States to prevent Afghanistan and the Committee on Homeland Security history record information, including ongo- from again becoming a safe haven and train- and Governmental Affairs of the Senate; and ing limitations experienced by investigators ing ground for international terrorism; (C) the Permanent Select Committee on working for or on behalf of a covered agency (2) as an important part of a strategy to Intelligence, the Committee on Oversight with respect to access to State and local achieve this objective and to help Afghani- and Government Reform, and the Committee criminal history record information; and stan achieve its full potential, the United on Homeland Security of the House of Rep- ‘‘(4) provides a description of limitations States Government should continue to regu- resentatives; and on the sharing of information relevant to a larly press the Government of the Islamic (2) the term ‘‘Performance Accountability background investigation, other than crimi- Republic of Afghanistan to commit to the Council’’ means the Suitability and Security nal history record information, between— meaningful inclusion of women in the polit- Clearance Performance Accountability ‘‘(A) investigators working for or on behalf ical, economic, and security transition proc- Council established under Executive Order of a covered agency; and ess and to ensure that women’s concerns are 13467 (73 Fed. Reg. 38103), or any successor ‘‘(B) State and local law enforcement agen- fully reflected in relevant negotiations; thereto. cies.’’. (3) the United States Government and the (11) GAO REPORT ON ENHANCING INTEROPER- AMENDMENT NO. 1747 Government of Afghanistan should reaffirm ABILITY AND REDUCING REDUNDANCY IN FED- (Purpose: To require the Department of De- their commitment to supporting Afghan ERAL CRITICAL INFRASTRUCTURE PROTECTION fense to support the security of Afghan civil society, including women’s organiza- ACCESS CONTROL, BACKGROUND CHECK, AND women and girls during and after 2015) tions, as agreed to during the meeting be- CREDENTIALING STANDARDS.— At the end of subtitle A of title XII, add tween the International Community and the (A) IN GENERAL.—Not later than 6 months the following: Government of Afghanistan on the Tokyo after the date of enactment of this Act, the SEC. 1209. SUPPORT FOR SECURITY OF AFGHAN Mutual Accountability Framework (TMAF) Comptroller General of the United States WOMEN AND GIRLS. in July 2013; shall submit to the congressional defense (a) FINDINGS.—Congress makes the fol- (4) the United States Government should committees, the Committee on Homeland lowing findings: continue to support and encourage efforts to Security of the House of Representatives, (1) Through the sacrifice and dedication of recruit and retain women in the Afghan Na- and the Committee on Homeland Security members of the Armed Forces, civilian per- tional Security Forces, who are critical to and Governmental Affairs of the Senate a re- sonnel, and our Afghan partners as well as the success of NATO’s Resolute Support Mis- port on the background check, access con- the American people’s generous investment, sion and future Enduring Partnership mis- trol, and credentialing requirements of Fed- oppressive Taliban rule has given way to a sion; and eral programs for the protection of critical nascent democracy in Afghanistan. It is in (5) the United States should bid on no less infrastructure and key resources. our national security interest to help pre- than one gender advisor billet within the (B) CONTENTS.—The Comptroller General vent Afghanistan from ever again becoming Resolute Support Mission Gender Advisory shall include in the report required under a safe haven and training ground for inter- Unit and continue to work with other coun- subparagraph (A)— national terrorism and to solidify and pre- tries to ensure that the Resolute Support (i) a summary of the major characteristics serve the gains our men and women in uni- Mission Gender Advisory Unit billets are of each such Federal program, including the form fought so hard to establish. fully staffed. types of infrastructure and resources cov- (2) The United States through its National (c) PLAN TO PROMOTE SECURITY OF AFGHAN ered; Action Plan on Women, Peace, and Security WOMEN.—

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(1) REPORTING REQUIREMENT.—The Sec- (I) efforts to recruit women into the ANSF, or civilian employee of the Department over- retary of Defense, in conjunction with the including the special operations forces; seas occurs in a non-combat area. Secretary of State, shall include in the re- (II) programs and activities of the Afghan (B) Recommendations for alternative plans port required under section 1225 of the Carl Ministry of Defense Directorate of Human to ensure that the next of kin of members of Levin and Howard P. ‘‘Buck’’ McKeon Na- Rights and Gender Integration and the Af- the Armed Forces and civilian employees of tional Defense Authorization Act for Fiscal ghan Ministry of Interior Office of Human the Department who die overseas in a non- Year 2015 (Public Law 113–291; 128 Stat. Rights, Gender and Child Rights; combat area may participate in the dignified 3550)— (III) development and dissemination of transfer of the remains of the deceased at (A) an assessment of the security of Af- gender and human rights educational and Dover Port Mortuary, including through the ghan women and girls, including information training materials and programs within the actions of appropriate non-governmental or- regarding efforts to increase the recruitment Afghan Ministry of Defense and the Afghan ganizations. and retention of women in the ANSF; and Ministry of Interior; AMENDMENT NO. 1931 (B) an assessment of the implementation of (IV) efforts to address harassment and vio- (Purpose: To improve the annual reports of the plans for the recruitment, integration, lence against women within the ANSF; the Chief of the National Guard Bureau on retention, training, treatment, and provision (V) improvements to infrastructure that the ability of the National Guard to meets of appropriate facilities and transportation address the requirements of women serving its mission) for women in the ANSF, including the chal- in the ANSF, including appropriate equip- At the end of subtitle F of title X, add the lenges associated with such implementation ment for female security and police forces, following: and the steps being taken to address those and transportation for policewomen to their challenges. station SEC. 1065. ANNUAL REPORTS OF THE CHIEF OF (2) PLAN REQUIRED.— THE NATIONAL GUARD BUREAU ON (VI) support for ANP Family Response THE ABILITY OF THE NATIONAL (A) IN GENERAL.—The Secretary of Defense Units; and GUARD TO MEETS ITS MISSIONS. shall, in coordination with the Secretary of (VII) security provisions for high-profile Section 10504(a) of title 10, United States State, to the extent practicable, support the female police and army officers. Code, is amended— efforts of the Government of Afghanistan to (1) by inserting ‘‘(1)’’ before ‘‘The Chief of promote the security of Afghan women and AMENDMENT NO. 2006 the National Guard Bureau’’; girls during and after the security transition (Purpose: Relating to the policies of the De- (2) in paragraph (1), as so designated, by process through the development and imple- partment of Defense on the travel of next striking ‘‘, through the Secretaries of the mentation by the Government of Afghani- of kin to participate in the dignified trans- Army and the Air Force,’’; stan of an Afghan-led plan that should in- fer of remains of members of the Armed (3) by striking the second sentence; and clude the elements described in this para- Forces and civilian employees of the De- (4) by adding at the end the following new graph. partment of Defense who die overseas) paragraphs: (B) TRAINING.—The Secretary of Defense, At the end of subtitle C of title VI , add the ‘‘(2) Each report shall include the fol- working with the NATO-led Resolute Sup- following: lowing: port mission should encourage the Govern- SEC. 622. POLICIES OF THE DEPARTMENT OF DE- ‘‘(A) An assessment, prepared in conjunc- ment of Afghanistan to develop— FENSE ON TRAVEL OF NEXT OF KIN tion with the Secretaries of the Army and (i) measures for the evaluation of the effec- TO PARTICIPATE IN THE DIGNIFIED the Air Force, of the ability of the National tiveness of existing training for Afghan Na- TRANSFER OF REMAINS OF MEM- Guard to carry out its Federal missions. tional Security Forces on this issue; BERS OF THE ARMED FORCES AND (ii) a plan to increase the number of female CIVILIAN EMPLOYEES OF THE DE- ‘‘(B) An assessment, prepared in conjunc- security officers specifically trained to ad- PARTMENT OF DEFENSE WHO DIE tion with the chief executive officers of the dress cases of gender-based violence, includ- OVERSEAS. States and territories, of the ability of the ing ensuring the Afghan National Police’s (a) REVIEW OF POLICIES.— National Guard to carry out emergency sup- Family Response Units (FRUs) have the nec- (1) IN GENERAL.—The Secretary of Defense port functions of the National Response essary resources and are available to women shall carry out a review of the current poli- Framework. ‘‘(3) Each report may be submitted in clas- across Afghanistan; cies of the Department of Defense on the (iii) mechanisms to enhance the capacity travel for next of kin to participate in the sified and unclassified versions.’’. for units of National Police’s Family Re- dignified transfer of remains of members of AMENDMENT NO. 2011 sponse Units to fulfill their mandate as well the Armed Forces and civilian employees of (Purpose: To provide for cooperation between as indicators measuring the operational ef- the Department who die overseas. the United States and Israel on anti-tunnel fectiveness of these units; (2) ELEMENTS.—The review required by this capabilities) (iv) a plan to address the development of subsection shall include the following: Strike section 1272 and insert the fol- accountability mechanisms for ANA and (A) An assessment of the changes to De- lowing: ANP personnel who violate codes of conduct partment instructions and Federal regula- SEC. 1272. UNITED STATES-ISRAEL ANTI-TUNNEL related to the human rights of women and tions necessary to provide Government fund- COOPERATION. girls, including female members of the ed travel to the next of kin to participate in (a) FINDINGS.—Congress makes the fol- ANSF; and the dignified transfer of remains of members lowing findings: (v) a plan to develop training for the ANA of the Armed Forces and civilian employees (1) Tunnels can be used for criminal pur- and the ANP to increase awareness and re- of the Department who die overseas, regard- poses, such as smuggling drugs, weapons, or sponsiveness among ANA and ANP personnel less whether the death occurred in a combat humans, or for terrorist or military pur- regarding the unique security challenges area or a non-combat area. poses, such as launching surprise attacks or women confront when serving in those (B) An action plan and timeline for making detonating explosives underneath civilian or forces. the changes described in subparagraph (A). military infrastructure. (C) ENROLLMENT AND TREATMENT.—The (b) MODIFICATION OF POLICIES.— (2) Tunnels have been a growing threat on Secretary of Defense, in cooperation with (1) IN GENERAL.—Except as provided in the southern border of the United States for the Afghan Ministries of Defense and Inte- paragraph (2), not later than February 1, years. rior, shall seek to assist the Government of 2016, the Secretary of Defense shall take ap- (3) In the conflict in Gaza in 2014, terrorists Afghanistan in including as part of the plan propriate actions to modify the policies of used tunnels to conduct attacks against developed under subparagraph (A) the devel- the Department in order to provide Govern- Israel. opment and implementation of a plan to in- ment funded travel for the next of kin to (b) SENSE OF CONGRESS.—It is the sense of crease the number of female members of the participate in the dignified transfer of re- Congress that— ANA and ANP and to promote their equal mains of members of the Armed Forces and (1) it is in the national security interests treatment, including through such steps as civilian employees of the Department of De- of the United States to develop technology providing appropriate equipment, modifying fense who die overseas, regardless whether to detect and counter tunnels, and the best facilities, and ensuring literacy and gender the death occurs in a combat area or a non- way to do this is to partner with other af- awareness training for recruits. combat area. fected countries; (D) ALLOCATION OF FUNDS.— (2) EXCEPTION.—The Secretary is not re- (2) the Administration should, on a joint (i) IN GENERAL.—Of the funds available to quired to modify the policies of the Depart- basis with Israel, carry out research, devel- the Department of Defense for the Afghan ment as described in paragraph (1) if, by not opment, test, and evaluation of anti-tunnel Security Forces Fund for Fiscal Year 2016, later than March, 1, 2016, the Secretary cer- capabilities to detect, map, and neutralize no less than $10,000,000 should be used for the tifies, in writing, to the congressional de- underground tunnels that threaten the recruitment, integration, retention, train- fense committees that such action is not in United States or Israel; and ing, and treatment of women in the ANSF as the best interest of the United States. The (3) the Administration should use devel- well as the recruitment, training, and con- certification shall include the following: oped anti-tunnel capabilities to better pro- tracting of female security personnel for fu- (A) An assessment and reevaluation by the tect the United States and deployed United ture elections. Secretary of the rational for excluding the States military personnel. (ii) TYPES OF PROGRAMS AND ACTIVITIES.— next of kin from Government funded travel if (c) AUTHORITY TO ESTABLISH ANTI-TUNNEL Such programs and activities may include— the death of a member of the Armed Forces CAPABILITIES PROGRAM WITH ISRAEL.—

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.020 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4270 CONGRESSIONAL RECORD — SENATE June 18, 2015 (1) IN GENERAL.—The Secretary of Defense, scribed in subsection (d), shall expire on the Mr. MCCAIN. Madam President, I upon request of the Ministry of Defense of date that is three years after the date of the yield the floor. Israel and in consultation with the Secretary enactment of this Act. of State and the Director of National Intel- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 1916 ator from Texas. ligence, is authorized to carry out research, (Purpose: To require the Secretary of Vet- development, test, and evaluation, on a joint erans Affairs to designate a construction DEFENSE APPROPRIATIONS BILL basis with Israel, to establish anti-tunnel ca- agent for certain construction projects by Mr. CORNYN. Madam President, I pabilities to detect, map, and neutralize un- the Department of Veterans Affairs) derground tunnels that threaten the United congratulate the chairman and ranking At the end of subtitle G of title X, add the States or Israel. Such authority includes au- member of the Armed Services Com- following: thority to construct facilities and install mittee for this heroic effort, doing, as equipment necessary to carry out research, SEC. 1085. DESIGNATION OF CONSTRUCTION the chairman said, the most important AGENT FOR CERTAIN CONSTRUC- development, test, and evaluation so author- TION PROJECTS BY DEPARTMENT business we can do as part of the Fed- ized. Any activities carried out pursuant to OF VETERANS AFFAIRS. eral Government; that is, keeping such authority shall be conducted in a man- (a) IN GENERAL.—The Secretary of Vet- America safe and making sure we keep ner that appropriately protects sensitive in- erans Affairs shall seek to enter into an our commitments to those who volun- formation and United States and Israel na- agreement subject to subsections (b), (c), and teer to serve, many in harm’s way, to tional security interests. (e) of section 1535 of title 31, United States (2) REPORT.—The activities described in Code, with the Army Corps of Engineers or protect our liberties. paragraph (1) and subsection (d) may be car- another entity of the Federal Government to In a couple hours, we will vote to ried out after the Secretary of Defense sub- serve, on a reimbursable basis, as the con- pass the Defense authorization bill, and mits to the appropriate committees of Con- struction agent on all construction projects that is an important bipartisan accom- gress a report setting forth the following: of the Department of Veterans Affairs spe- plishment. It is just another step in a (A) A memorandum of agreement between cifically authorized by Congress after the the United States and Israel regarding shar- new Congress which has acted in a bi- date of the enactment of this Act that in- partisan way to deal with a number of ing of research and development costs for the volve a total expenditure of more than capabilities described in paragraph (1), and $100,000,000, excluding any acquisition by ex- challenges confronting the country. any supporting documents. change. I am more optimistic today than I (B) A certification that the memorandum (b) AGREEMENT.—Under the agreement en- have been in a long time that the Sen- of agreement— tered into under subsection (a), the construc- ate is finally back to work and Con- (i) requires sharing of costs of projects, in- tion agent shall provide design, procure- gress is doing what the American peo- cluding in-kind support, between the United ment, and construction management serv- ple who elected us sent us here to do, States and Israel; ices for the construction, alteration, and ac- (ii) establishes a framework to negotiate quisition of facilities of the Department. and that is to do their work and to rep- resent them to the best of our ability, the rights to any intellectual property devel- Mr. MCCAIN. Madam President, I ask which is one reason why I have come to oped under the memorandum of agreement; unanimous consent that all postcloture and the floor to express some of my con- time on H.R. 1735 expire at 1:45 p.m. (iii) requires the United States Govern- cerns at what we have heard from the today, with the time equally divided ment to receive quarterly reports on expend- Democratic leadership about their in- between the managers or their des- iture of funds, if any, by the Government of tentions with regard to the next piece Israel, including a description of what the ignees for debate only. funds have been used for, when funds were The PRESIDING OFFICER. Is there of legislation we turn to—the Defense expended, and an identification of entities objection? appropriations bill. As we all know, the that expended the funds. Without objection, it is so ordered. Democratic leader and some Demo- (d) ASSISTANCE IN CONNECTION WITH PRO- Mr. MCCAIN. Madam President, I crats in his caucus have threatened not GRAM.— have asked the members of the com- to move forward on this Defense appro- (1) IN GENERAL.—The Secretary of Defense priations bill. is authorized to provide procurement, main- mittee to convene in the President’s tenance, and sustainment assistance to Room at 1:30 p.m., if they would, be- I want to talk about the con- Israel in support of the anti-tunnel capabili- cause there is a portion of the bill, the sequences in the real world of holding ties research, development, test, and evalua- annex, that needs to be approved. We up this Defense appropriations bill and tion activities authorized in subsection need a quorum for that so that we can particularly how it will affect my (c)(1). move forward with the final vote on home State of Texas. (2) REPORT.—Assistance may not be pro- the bill. Obviously, the Defense appropria- vided under paragraph (1) until 15 days after I also wish to thank all Members on tions bill will provide the military the Secretary submits to the appropriate both sides of the aisle for the conduct committees of Congress a report setting with resources necessary to meet the forth a detailed description of the assistance of this debate in consideration of a significant demands they face and we to be provided. very large and very complex piece of face as a country around the world but (3) MATCHING CONTRIBUTION.—Assistance legislation. most basically to defend our country may not be provided under this subsection I especially thank my friend from and to keep us safe. unless the Government of Israel contributes Rhode Island, who has worked dili- This bill provides for training and an amount not less than the amount of as- gently, along with his staff, to see that readiness funds and makes sure our sistance to be so provided to the program, we arrive at this point. We have a lot project, or activity for which the assistance troops are well prepared to carry out of other hurdles to go through, but any mission that might be assigned to is to be so provided. without getting through this one, we (e) QUARTERLY REPORTS.—The Secretary of them anywhere in the world. couldn’t have been prepared for those Defense shall submit to the appropriate com- The appropriations bill provides the that are laid before us before the Presi- mittees of Congress on a quarterly basis a re- money for critical modernization of port that contains a copy of the most recent dent puts his signature on this most our aircraft, ships, ground vehicles, quarterly report provided by the Govern- important piece of legislation. ment of Israel to the Department of Defense I yield to my friend from Rhode Is- and other equipment so that our troops pursuant to subsection (c)(2)(B)(iii). land. can fight with the best cutting-edge (f) APPROPRIATE COMMITTEES OF CONGRESS The PRESIDING OFFICER. The Sen- weapons systems at our disposal so DEFINED.—In this section, the term ‘‘appro- they can accomplish their objective. priate committees of Congress’’ means— ator from Rhode Island. (1) the Committee on Armed Services, the Mr. REED. Madam President, I, too, Perhaps most importantly, this legis- Committee on Foreign Relations, the Com- want to commend the chairman and his lation helps make sure our troops and mittee on Homeland Security, and the Com- staff for extraordinarily diligent, coop- military families enjoy a good quality mittee on Appropriations of the Senate; and erative, and careful work. I am pleased of life. We have an all-volunteer mili- (2) the Committee on Armed Services, the to be here to support this block of tary, and the family members of those Committee on Foreign Affairs, the Com- amendments. As the chairman noted, who wear the uniform serve no less mittee on Homeland Security, and the Com- we are on the verge of passage of the than the ones who wear the uniform. mittee on Appropriations of the House of So making sure the families of our Representatives. legislation. Then we will be able to (g) SUNSET.—The authority in this section move forward and address other issues. military members enjoy a good quality to carry out activities described in sub- I thank the chairman for his coopera- of life is very important. We will never section (c), and to provide assistance de- tion and his great leadership. be able to repay our troops for all they

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.023 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4271 have given us, but we can at least pro- Marine aviators each year. Shortly that DREAMers—young people who vide appropriate benefits to their fami- after they leave Texas, they find them- were brought to the United States as lies to help make their lives a little selves in skies over Iraq or Syria or children—would have the opportunity easier. landing in rough seas, in near-zero visi- to apply for temporary protection from This bill also includes funding to ac- bility, on aircraft carriers bordering deportation through the Deferred Ac- tually pay our troops their salary and hostile shores around the globe. But tion for Childhood Arrivals Program or provides them a modest, well-deserved these bases represent only a fraction of what has become known as DACA. raise. the U.S. military presence in Texas. Today, more than 660,000 young peo- Like the Presiding Officer, I am All of our military installations are in- ple across this Nation have benefitted proud of those who serve our Nation tegral to making sure our military is from DACA, including more than 7,000 and our military and our home States. prepared, trained, healthy, and ready in my home State of New Mexico. Nearly 120,000 Texans are serving on for action. These are some of our brightest stu- Active Duty today, as well as more The Defense appropriations bill that dents and veterans who no longer have than 55,000 Guardsmen and Reservists. some have threatened to filibuster in to fear deportation. Not only do We have 15 major military installa- order to extract a negotiation about DREAMers want to earn an education tions in Texas, which have more than more government spending makes sure and work, they want to give back to 168,000 Active and Reserve component that the servicemembers assigned to their communities and their country. servicemembers assigned to them. those bases and countless others across In fact, I would suggest that DREAM- These world-class bases, posts, air sta- our Nation have what they need. ers don’t know how to be anything but tions, and depots are critical facilities We ask a lot of our men and women American. where our troops train for combat and in uniform. The very least we can do is We hear again and again of the re- learn the skills they need in order to pass legislation that provides for the markable stories of immigrants over- accomplish their mission and where we training and equipment they need in coming very difficult challenges in the maintain essential military equipment. order to accomplish their mission and genuine pursuit of a better life. Across So when I consider the possibility that to ensure them the quality of life they the country, there are DREAMers for a cynical political reason some and their families have so richly working to become doctors, scientists, might decide to block this appropria- earned. lawyers, and engineers. They want to tions bill that actually literally pays I find it very troubling and, indeed, start businesses or teach in classrooms. the salary of the troops, I am very dis- dumbfounding that some of our col- They want to contribute to America’s appointed. I hope they will reconsider. leagues from across the aisle who have success. These resources we will vote on— already voted overwhelmingly to move I had the privilege of meeting these starting this afternoon, we will start forward on the Defense authorization twin sisters who are pictured here, that process—go to places such as Fort bill would today talk about blocking Jazmin and Yazmin, earlier this year. Bliss and Fort Hood, TX, homes to the the necessary appropriations bill to ac- They immigrated to the United States finest heavy ground combat units in tually carry out that policy that we with their mother from Mexico when the world. will pass shortly in the Defense author- they were just 3 years old. Fort Bliss in El Paso sits on more ization bill. As students at Del Norte High School than 1 million acres. It is an irreplace- I believe that to be consistent after in Albuquerque, Jazmin and Yazmin able training range for our troops, and such a big vote, as I anticipate we will worked hard to earn good grades, and it is the Army’s second largest instal- have on the Defense authorization bill, as juniors and seniors, they took dual lation by size. It is the proud home of any notion of blocking the appropria- credit courses at Central New Mexico the Army’s famed 1st Armored Divi- tions bill that would actually pay for Community College. sion. And Fort Hood, which serves as those policies to be carried out should Jazmin will graduate magna cum home to both III Corps and the storied simply evaporate. laude from the University of New Mex- So I hope our colleagues across the 1st Cavalry Division, has more Army ico with a bachelor of business admin- aisle—many of whom have said they brigades than any Army installation in istration, concentrating in finance. She actually support the policies behind the country. earned an interdisciplinary studies dis- this legislation—will defy their party’s When I think about Members of the tinction from the University of New leadership and their misguided advice Senate actually considering the possi- Mexico Honors College, and her sister about blocking this legislation in order bility of blocking pay for our troops to extract a negotiation on more gov- Yazmin would go on to graduate magna and support for our military, I also ernment spending and will decide in- cum laude from the University of New think about bases such as Dyess Air stead to move this legislation forward. Mexico with a bachelor of science in bi- Force Base in Abilene, TX. This key The brave men and women in Texas ology and Spanish, a minor in chem- base is home to units that have de- and throughout the country who are istry, and completed the University ployed time and time again in recent fighting on our behalf deserve nothing Honors Program. She received depart- years in support of combat missions in less. And I hope our colleagues who are mental summa cum laude honors. Iraq, Afghanistan, and elsewhere, in- even considering for a moment the idea These two young women are working cluding the 317th Airlift Group. Dyess of blocking the funding that would ac- tirelessly to ensure they have a better is also home to the 7th Bomb Wing, one tually help pay our troops will recon- future for themselves and their moth- of only two B–1 strategic bomber wings sider and cast their vote in support of er. in the U.S. Air Force. The 7th has been the troops and not cast their vote in In August, Jazmin will begin her sec- the tip of the spear in the fight against favor of some cynical political strategy ond year at the University of New Mex- ISIL, conducting airstrikes against the which will undermine our support for ico School of Law, and Yazmin will terrorist army in Iraq and in Syria. our troops. begin her first year at the University We are also proud in my State to Madam President, I yield the floor. of New Mexico School of Medicine. boast the Corpus Christi Army Depot, I suggest the absence of a quorum. Given their immigration status, the the largest rotary wing repair facility The PRESIDING OFFICER. The journey for Jazmin and Yazmin to get in the world. When our Army heli- clerk will call the roll. to where they are today was anything copters come back from battle, many The bill clerk proceeded to call the but easy. They have overcome many of them are pretty beat up and barely roll. hardships, including homelessness and operable. They typically make a pit Mr. HEINRICH. Madam President, I hunger. stop in Corpus Christi to make sure our ask unanimous consent that the order After their mother—who is a single battle-tested warfighting equipment is for the quorum call be rescinded. mom—suffered a stroke, it was up to ready for the next challenge. The PRESIDING OFFICER. Without them to find work to support their Between our naval air stations at objection, it is so ordered. family, cover her medical costs, and Corpus Christi and Kingsville, Texas 3RD ANNIVERSARY OF DACA PROGRAM pay for their education. To this day, provides the proving ground and cru- Mr. HEINRICH. Madam President, 3 there is another heavy burden these cible for more than 1,000 new Navy and years ago, President Obama announced young women carry with them; it is

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.021 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4272 CONGRESSIONAL RECORD — SENATE June 18, 2015 living with the fear that at any mo- ico, our State’s remarkable history is terrible news out of Charleston, which ment their mother, whom they love rooted in our diversity, our history, is a true tragedy. That an event such dearly, will be deported because of her and our culture, which has always been as this could occur at a house of wor- immigration status. Under these cir- enriched by our immigrant commu- ship makes it even worse. cumstances, you have to ask what nities and their family members. It is always awful when one of these drives these two bright young women My own father is an immigrant who events takes place, but to have it hap- and what keeps them going, and it is came to America from Nazi Germany pen at a house of worship makes it simple: They want to give back to their in the 1930s, and I am sure many of us even worse. Churches should be a place communities. in this Chamber have immigrant roots of refuge, a place where people feel safe Jazmin, who is currently a summer in our own families which have con- and secure, a place of mercy, a place of law clerk at New Mexico’s Center on tributed to America’s success story. We compassion. The depth of loss these Law and Poverty, wants to be a lawyer are not a country that kicks out our families must be feeling is simply to ensure that every person has equal best and brightest students, and we are awful. access to the law. not a nation that tears families apart. I want the American people to know Yazmin, who is currently a medical The current DACA Program is only a the Senate is thinking of the families assistant at the Casa de Salud Medical temporary solution. DACA recipients today and the victims they loved. We Office in the South Valley, wants to be have to renew every 2 years in order to are also thinking of the entire con- a primary care physician so she can maintain their deferred status, but gregation at this historic church. We help families gain access to quality that is no way to live. It is unfair for will continue to do so as more about health care. these DREAMers to live their lives 2 this tragedy is learned in the hours and This is who DREAMers are, and I years at a time. We desperately need days to come. think their stories are absolutely in- robust immigration reform. Our hearts go out to the families who spiring. Now, let’s step back for a moment have been affected by this awful trag- This young man’s name is Cesar. He and remember that the Senate passed a edy. is 26 years old and a DACA recipient. comprehensive, bipartisan immigration I suggest the absence of a quorum. Cesar and his family moved from Ciu- bill almost 2 years ago now. That bill The PRESIDING OFFICER. The dad Juarez to Las Cruces, NM, when he would have modernized our immigra- clerk will call the roll. was in the fifth grade. tion system to meet the needs of our The bill clerk proceeded to call the As a middle and high school student, economy, provided an accountable roll. he earned great grades, and through pathway to earned citizenship for the Mr. REED. Mr. President, I ask unan- local scholarships he enrolled at New undocumented workers currently liv- imous consent that the order for the Mexico State University. He earned a ing in the shadows, including making quorum call be rescinded. bachelor degree in biology, microbi- the DREAM Act the law of the land, The PRESIDING OFFICER (Mr. ology, and Spanish, not to mention mi- and it would have dramatically PERDUE. Without objection, it is so or- nors in chemistry and biochemistry. strengthened security at our borders. dered. When he graduated from college in Accountable immigration reform re- Mr. REED. Mr. President, after al- 2011, Cesar couldn’t put his degrees to ceived 68 votes in this body and dem- most 3 weeks, we are completing con- work because of his immigration sta- onstrated the kind of legislation we sideration of the fiscal year 2016 Na- tus. So instead of working in the lab- can pass when we work together. tional Defense Authorization Act. oratory, he went to work as a As a nation, we value the twin prom- Again, I want to thank Senator MCCAIN landscaper. ises of freedom and opportunity. Those for what has largely been a bipartisan, When the President made his DACA ideals are important no matter where serious consideration of issues impor- announcement, Cesar immediately ap- you were born. However, too many of tant to the Department of Defense and plied and was approved for deferred ac- my Republican colleagues don’t see it to the national security of the United tion. Because of DACA, Cesar was able that way. Several of them want to re- States. He has led the way, initially to work and earn an income to help scind or even defund DACA and roll with a series of very thoughtful hear- pay for graduate school. back the progress we have made over ings with foreign policy experts setting This year, Cesar earned his master’s the past 3 years. the context for our debate. degree in biology and a minor in mo- Why would we end such a successful Then we listened to our uniformed lecular biology from New Mexico State program? What I would say to those military leaders and our Defense De- University, where he focused his re- who do this is come back to the table partment officials. In the process of search on bioinformatics. and work with us to pass immigration Cesar makes it a point to get in- reform. We need pragmatic solutions to drafting the legislation, before it went volved in the local community. He has fix our broken immigration laws, and to the subcommittees, there was a col- volunteered at La Casa and helped with we need them now. Let’s make the laboration that was inspired by his the biology graduate organization. He dream a reality after all. commitment—which he has always said: Madam President, I suggest the ab- demonstrated—to do what he thought Once you start volunteering, you wish you sence of a quorum. was in the best interest of the men and had more time because you love it so much. The PRESIDING OFFICER. The women who wear the uniform of the It can improve your outlook on everything clerk will call the roll. United States. His presence and his you’re doing. The bill clerk proceeded to call the leadership, has, I think, brought us to Cesar’s dream is to become a doctor roll. this point where we are getting ready so he can work to help prevent disease. Mr. MCCONNELL. Madam President, to consider a major piece of legislation Soon he will take a major step toward I ask unanimous consent that the order on behalf of the men and women of the that goal. This coming school year, for the quorum call be rescinded. Armed Forces of the United States and Cesar will be a medical and Ph.D. stu- The PRESIDING OFFICER. Without of the country. dent at Loyola University in Chicago. objection, it is so ordered. We have considered many issues. We ‘‘DACA has changed my life,’’ he said. ORDER OF PROCEDURE were briefly sidetracked by the cyber ‘‘Within two to three years, I went Mr. MCCONNELL. Madam President, amendment. We all understand that from working in landscaping to becom- I ask unanimous consent that the man- the cyber bill is absolutely critical. In ing a medical student.’’ datory quorum call under rule XXII of fact, I think it has to be addressed as The stories of Cesar, Jazmin, and the Standing Rules of the Senate be soon as possible. That is probably the Yazmin represent what makes this waived with respect to the cloture vote next piece of business we should take country great. They are inspiring, and on the motion to proceed to H.R. 2685. up in this Senate. But it was brought there are hundreds of thousands of The PRESIDING OFFICER. Without up in a procedure—in an unexpected DREAMers like them across this coun- objection, it is so ordered. way, in a way in which we could not try. TRAGEDY IN CHARLESTON give it the full consideration it de- Immigrants make the United States Mr. MCCONNELL. Madam President, serves. So, once again, I think we a more prosperous nation. In New Mex- I come to the floor to speak about the should commit ourselves as a Senate to

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.023 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4273 bringing up this bill as rapidly as pos- there until we fix the underlying issue, Let me conclude my comments by sible—in fact, I would suggest it as the in my view, and that is the BCA, the saying there has been tremendous co- next major piece of legislation. sequestration issues that affect the operation and support. It starts with In the process of considering this Na- State Department and every other De- the chairman. I particularly want to tional Defense Authorization Act, we partment in the government. thank his staff director, Chris Brose, brought a bill to the floor which had We had a very good debate. I am for his great work. some very thoughtful and important thankful to the chairman for encour- I thank my colleagues on the Demo- provisions. Six hundred amendments aging that debate, allowing it to take cratic side: Liz King, Gary Leeling, were filed. We were able to consider place, and for it coming to a vote. We Creighton Greene, Kirk McConnell, Bill many of them, both Republican and lost, 54 to 46. It had strong support on Monahan, Mike Kuiken, John Quirk, Democratic, either through votes on our side of the aisle, but it was a fair Jon Clark, Jonathan Epstein, Arun the floor in a very open process or and full debate and we lost. The result, Seraphin, Carolyn Chuhta, Mike through managers’ packages which we though, is that the problem remains. Noblet, Ozge Guzelsu, Maggie McNa- put together and approved. We debated We are in a situation where, if we con- mara, Jody Bennett, and, once again, on very important issues—interroga- tinue down this pathway, we will see my staff director, Liz King. tion techniques, sexual assault in our the OCO account as an escape valve for I would like to thank the floor staff. military, and U.S. policies in Iraq and defense while everyone else is subject I have come to appreciate more than I elsewhere. I think these debates and to sequestration. I don’t think that is ever knew how vital a role they play on votes ensured that this authorization good. I don’t think it is good for de- both sides of the aisle, and I thank bill is better than it was when it left fense. I certainly don’t think it is good them for what they have done. the committee. for these other agencies, and it is not Finally, this bill has some extraor- There is, however, one overarching good for our overall national security. dinarily good provisions in it. Many of problem that remains with this bill, There are many who say: Don’t worry them are tough, hard, path-breaking and it is one that I have persistently about that. This is just an authoriza- provisions that are there because the pointed to and persistently argued has tion bill. The appropriations bill is chairman decided he was going to go to be corrected, and it is the fact that where we will have the appropriate dis- all in on many different aspects, from the bill is funded through the OCO ac- cussion and debate. acquisition, to troop support efforts, to counts in a significant way, using an I think that is going to happen, but incorporating provisions of the com- escape valve from the Budget Control my view is that authorizations and ap- mission on pay and retirement, all of Act, which OCO provides exclusively propriations are so closely related that those things, and I commend him for for defense, with some minor devi- we couldn’t ignore one and we couldn’t that. It is just that I think I have to ations for other some national security ignore this authorization. stand and say we have to fix this issue So, again, I think we have to recog- programs and other agencies, but es- with respect to the underpinning fun- nize that underpinning this authoriza- sentially this is the defense funding damental budget approach which says: tion, with all of its worthy programs, mechanism. As a result, what we are We will let BCA stand for every other is this very difficult issue of overreli- confronted with is a bill that is over- agency, but we will be able to exploit, ance on OCO funding. reliant upon the overseas contingency Then there are some who say: Well, in a way, this OCO exception, and we account. Ironically, it provides the even so, it is a 1-year fix. will use it. And I think that is not the same level of resources that the Presi- Well, I don’t think that is the case at path we want to pursue. dent asked for, but instead of putting all. I think if we use these types of With that, and again with my thanks it in the base budget, it grows OCO gimmicks—as some have called them— to the chairman, I yield the floor. from roughly $50 billion to $90 billion, and accounting tricks once, our tend- The PRESIDING OFFICER. The Sen- and that is all deficit spending. So this ency to use them again will be there. ator from Arizona. is not a way in which we are improving In fact, once we use it once, it is easier Mr. MCCAIN. Mr. President, as we ap- our fiscal situation; we are just adding to use it two, three, four, five times. proach a final vote on the National De- $40 billion of deficit spending. We have had this discussion on the fense Authorization Act, I take this op- The other aspect of this that is so floor, for example, interestingly portunity to thank my friend and col- critical is that if we adhere to the enough, about how medical research in league from Rhode Island, Senator Budget Control Act, we will not ade- the Department of Defense went from REED. Despite his lack of substantive quately fund other agencies, and many $25 million or so in 1992 to $13 billion education somewhere on the Hudson of these other agencies are as vital to today. Well, the answer is easy. Back River, he has been thoughtful, bipar- our national security as the Depart- then, because we had similar—not iden- tisan, and he has maintained that ment of Defense—the FBI, Homeland tical—arrangements where we capped throughout the consideration of this Security, and the State Department. discretionary domestic spending but legislation. We have had speakers on floor talk uncapped defense spending, people We worked together through hun- about—rightfully so—this huge refugee went to where—the chairman referred dreds of amendments in markup and crisis we are seeing all through the to the Willie Sutton approach—the hundreds more during the past 2 weeks, Middle East because of the instability money was. It was defense. And it has and obviously we have some differences in Iraq and Syria. Those refugees— grown and it has grown. I think that is from time to time. Senator REED has when we try to help them, that help is what is going to happen again if we never stopped searching for common typically sent through the State De- take this trajectory, this pathway, ground and consensus, and so this leg- partment, through USAID, through using OCO. islation would not be what it is with- those agencies, and they are still with- I sense that if we make tough deci- out his leadership and his cooperation. in the sequester caps. sions today, it will benefit us in the I would just remind my friend, how- As a result, I was very pleased to long run. One of those tough deci- ever, that the title of this legislation is offer both in the committee and on the sions—and one I make very reluc- ‘‘to authorize appropriations’’—not to floor an amendment that would essen- tantly—is to oppose this legislation. It appropriate but to authorize appropria- tially say: Let’s stop for a second. We is worthy legislation in many respects. tions. That is the task of the Appro- have this $39 billion of additional OCO I think we have to fix this problem, priations Committee. So the OCO issue, spending that we are giving to the De- and I think we have to fix it now. I which he and I are largely in agree- partment of Defense because it is not have tried in my efforts to focus the at- ment on, should have been repeal of se- subject to BCA. Before we do that, let’s tention on the need to correct the BCA, questration. That is an issue which put a fence around it, to put it in collo- the need to get us on a sustainable should be addressed where the author- quial terminology, let’s just say that pathway where we do include within ity lies—in appropriations, not in au- money is there because we recognize the base of the Department of Defense thorization. We can’t increase or de- that the needs of the Department of those funds they need to operate and crease a single penny of authorization Defense are critical and they have to then OCO really is for overseas contin- except what was given to us through be fulfilled, but it is going to stay gency operations. the Budget Committee process, which

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.030 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4274 CONGRESSIONAL RECORD — SENATE June 18, 2015 was votes and decisions made on this military to confront our present and focus more on health care quality, pa- floor on the budget. future national security challenges, we tient safety, and beneficiary satisfac- So I say with respect and friendship, must champion the cause of defense re- tion by making them publish health if there is a problem here, it is not with form, rigorously root out Pentagon outcome measures on their Web sites. the authorization. We don’t spend a waste, and invest in modernization and The NDAA builds on military justice penny. We authorize the expenditure of next-generation technologies to main- reforms of the past few years to pre- money. And that is an issue that my tain our military technological advan- vent and respond to military sexual as- friend from Rhode Island and I disagree tage. That is what this legislation is sault. It contains a number of provi- on, but it did not prohibit him, me, our all about. It is a reform bill. It tackles sions aimed at strengthening the au- staffs, and members of the committee acquisition reform, headquarters and thorities of Special Victims’ Counsel to on both sides of the aisle from working management reform, military retire- provide services to victims of sexual on a piece of legislation that, in my ment reform, and personnel reform. assault. The legislation also enhances view, which is clearly subjective, is a The bill authorizes every dollar of confidential reporting options for vic- reform bill—a reform bill, working to- the President’s budget request of $612 tims of sexual assault and increases ac- gether, that is almost unprecedented, billion but focuses these resources cess to timely disclosure of certain ma- at least in the last 30 years when you more directly on our warfighters. The terials and information in connection look at the extent and the nature of Committee on Armed Services identi- with the prosecution of offenses. the reforms in this legislation. fied $10 billion of excess and unneces- On management reform, the NDAA I thank the majority leader, Senator sary spending in the budget request, ensures the Department of Defense and MCCONNELL, for his commitment to re- and we reinvested those savings in the the military services are using precious suming regular order. Under Senator military capabilities our troops need to defense dollars to fulfill their missions MCCONNELL’s leadership, the Senate succeed. We did all of this while up- and defend the Nation, not expand has been able to take up this critical holding our commitments to our serv- their bloated staffs. While staff at national security legislation on time, icemembers, retirees, and their fami- Army Headquarters increased 60 per- allowing for thoughtful consideration lies. cent over the past decade, the Army is of amendments. This is how the Senate My friends, America’s military tech- now cutting brigade combat teams. should operate—regular order, on time, nological advantage is eroding—and The Air Force evaded mandated cuts to giving our military the certainty they eroding fast. One of the primary causes Headquarters personnel by creating need to plan and execute their mis- of this is a broken Defense Acquisition two new Headquarters entities, while sions. System that takes too long, costs too at the same time complaining it had For 53 consecutive years, Congress much, and wastes billions of dollars— insufficient personnel to maintain has passed a National Defense Author- often on weapons programs that never combat aircraft. The NDAA directs tar- ization Act. That is testimony to the become operational and with no one geted reductions in Headquarters and vital importance of this legislation, ever being held responsible. That is administrative staff that would gen- which provides the necessary funding why this legislation includes the most erate $1.7 billion in savings in just the and authorities for our military to de- sweeping acquisition reforms in a gen- next fiscal year. With these savings and billions more fend the Nation. eration. We put the services back into But perhaps at no time in the last the acquisition process, create new identified, this bill invests in providing half century has this legislation ever mechanisms to ensure accountability critical military capabilities for our been so critical. Over the past few for results, streamline regulation, and warfighters and meeting the unfunded priorities of our service chiefs and months, the Senate Armed Services open the defense acquisition process to combatant commanders. Committee has received testimony our Nation’s innovators. Even as challenges to maritime secu- This bill advances unprecedented re- from many of America’s most re- rity increase in the Middle East and forms to our military retirement sys- spected statesmen, thinkers, and the Western Pacific and pressures on tem. Under the current 70-year-old sys- former military commanders. These our shipbuilding budget increase, the tem, 83 percent of servicemembers leaders had a common warning, and Navy remains well below its fleet size leave the service without any retire- that warning is clear: America is fac- requirement of 306 ships. The NDAA di- ment assets. This system excludes the ing the most diverse and complex array rects savings identified in the budget vast majority of current servicemem- of crises since the Second World War. request to accelerate Navy moderniza- bers who will not complete 20 years of I won’t go into all the different tion and shipbuilding, to mitigate im- events that have taken place that au- uniformed service, including many vet- pacts of the Ohio-class ballistic missile thenticate that assertion by the most erans of the wars in Afghanistan and submarine replacement, and to grow respected leaders who served under Iraq. The NDAA creates a modernized the Navy to meet rising threats. both Republican and Democratic ad- retirement system and extends retire- As adversaries seek to counter and ministrations. ment benefits to the vast majority of thwart American military power, the We have faced challenges before. We servicemembers through a new plan, NDAA looks to the future and invests marshalled our power—both soft and offering more value and choice. Under in the technologies that will maintain hard power—to defend the rules-based this new plan, 75 percent of service- America’s military technological supe- national order that is the foundation of members would get retirement bene- riority. It provides $400 million in addi- our prosperity and security. We have fits. This reform is estimated to save tional funding to support the so-called deterred aggression, defended allies, $15 billion a year in the out years. third offset strategy to outpace our defeated adversaries, and built peace In addition to retirement reform, the emerging adversaries. through strength. As we look at our NDAA focuses on improving the qual- The NDAA details robust assistance challenges today, the question being ity of life of our military servicemem- to our allies and partners as they con- asked all over the world by both friend bers, retirees, and their families. It au- front urgent challenges. The legisla- and foe alike and the question we must thorizes a 1.3-percent pay raise for tion authorizes nearly $3.8 billion in answer now is, Are we equal to those members of the uniformed services at support of the Afghan National Secu- challenges again? the grade of O–6 and below. The bill au- rity Forces. There is only so much one piece of thorizes $30 million in support for After an overwhelming bipartisan legislation can do to answer that ques- schools serving military dependent vote on an amendment offered by Sen- tion, but the National Defense Author- children, including those with severe ator FEINSTEIN and myself, the NDAA ization Act before the Senate today is disabilities. It includes many provi- reaffirms the prohibition on torture a strong first step toward rising to the sions to improve the military health and ensures that every U.S. Govern- challenge of an increasingly dangerous system and TRICARE. The NDAA al- ment agency always applies the same world. This is an ambitious piece of lows a TRICARE beneficiary up to four effective, humane interrogation stand- legislation, but in the times we live, we urgent care visits without making ards as the U.S. military. Past interro- cannot afford business as usual in the them get a preauthorization and re- gation policies compromised our val- Department of Defense. To prepare our quires the Department of Defense to ues, stained our national honor, and

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.031 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4275 did little practical good. This legisla- Mr. DURBIN. I ask for the yeas and years away from their families, and al- tion provides greater assurances that nays. ways to sacrifice so that we might live never again will the United States fol- The PRESIDING OFFICER. Is there a in freedom. low that dark path of sacrificing our sufficient second? These brave men and women do it all values for our short-term security There appears to be a sufficient sec- without reservation. They ask precious needs. I thank Senator FEINSTEIN for ond. little in return, save for the resources her hard work on this vitally impor- The clerk will call the roll. they need to do the job and the support tant issue. The legislative clerk called the roll. they need to look after their families. Finally, this legislation contains a Mr. CORNYN. The following Senators It is the least we can do, to provide for bipartisan compromise on how to ad- are necessarily absent: the Senator them. We just voted 71 to 25 for a bill dress the challenge of the detention fa- from South Carolina (Mr. GRAHAM), the that promises a lot of things for our cility of Guantanamo Bay. President Senator from Utah (Mr. LEE), and the men and women. Obama has said from day one of his Senator from South Carolina (Mr. It would be very cruel indeed for any Presidency that he wants to close SCOTT). Senator who just made that promise to Guantanamo. But 61⁄2 years into his Mr. DURBIN. I announce that the turn around now and block the rest of Presidency, the administration has Senator from Missouri (Mrs. MCCAS- us from fulfilling the pledge to our never provided a plan to do so. This KILL), is necessarily absent. troops. Passing the legislation before legislation requires the administration The PRESIDING OFFICER (Mr. us is a way to fulfill the promise we to submit that plan. We are simply HOEVEN). Are there any other Senators just made, 71 to 25. That is why nearly asking the executive branch to explain in the Chamber desiring to vote? every Democrat voted to pass it in where it will hold those set for trial, The result was announced—yeas 71, committee, 27 to 3. That is why Demo- how it will continue to detain dan- nays 25, as follows: crats have hailed this bill as a win-win- gerous terrorists pursuant to the laws [Rollcall Vote No. 215 Leg.] win and a victory for each of their of war, and how it will mitigate the YEAS—71 States. risks of moving this population. They know it gives President Obama Alexander Ernst Murray If the administration can provide an- the same level of funding he asked for. swers to these basic questions to the Ayotte Feinstein Perdue Barrasso Fischer Peters They know it adheres to a bipartisan satisfaction of the American people Bennet Flake Portman spending level that both parties agreed and their elected representatives, then Blumenthal Gardner Risch to, that President Obama signed into congressional restrictions on the move- Blunt Grassley Roberts Boozman Hatch law, and that President Obama cam- ment of these detainees will be lifted Rounds Burr Heinrich Rubio paigned on in the last Presidential and the plan can be implemented. If Cantwell Heitkamp Sasse election. Capito Heller the Congress does not approve the plan, Schatz Carper Hoeven Now our friends face a choice. Sessions nothing would change. The ban on do- Casey Inhofe Option 1: Allow the promise just Shaheen mestic transfers would stay in force, Cassidy Isakson made to our troops to be fulfilled by and the certification standards for for- Coats Johnson Shelby Stabenow voting for a bill they can’t stop prais- eign transfers included in the NDAA Cochran Kaine Collins King Sullivan ing. would remain. Coons Kirk Tester Option 2: Break the promise they just My friends, America has reached a Corker Klobuchar Thune made by killing a bill they claim to Tillis key inflection point. The rules-based Cornyn Lankford love, all in the service of some unre- international order, which has been an- Cotton McCain Toomey Crapo McConnell Udall lated and completely incomprehensible chored by U.S. hard power for seven Daines Moran Vitter partisan plan. decades, is being seriously stressed, Donnelly Murkowski Warner It is the road of bipartisanship and Enzi Murphy Wicker and with it the foundation of our secu- support for our troops that brought us rity and prosperity. It does not have to NAYS—25 this far. We shouldn’t let partisan poli- be this way. We can choose a better fu- Baldwin Hirono Reed tics trip us up now. We don’t have to— ture for ourselves, make the right deci- Booker Leahy Reid not if commonsense Democrats con- Boxer Manchin sions now, and set our Nation on a bet- Sanders tinue to prioritize pay raises and med- Brown Markey Schumer ter course. Cardin Menendez ical care for our troops over some unre- That is what this legislation is all Warren Cruz Merkley Whitehouse lated gambit to funnel more cash to about—living up to our constitutional Durbin Mikulski Wyden bureaucracies such as the IRS and the duty to provide for the common de- Franken Nelson Gillibrand Paul EPA. fense, increasing the effectiveness of I will just leave my colleagues with NOT VOTING—4 our military, and restoring America’s something one of our Democratic global leadership. This legislation is a Graham McCaskill friends said of men and women in the Lee Scott small step towards accomplishing these military. Here is what he had to say: goals, but it is an important step we The bill (H.R. 1735), as amended, was ‘‘Just as we called on them to protect can take right now, together. We owe passed. us, they are calling on us to provide the brave men and women in uniform f them with the resources they need. nothing less. . . .’’ CLOTURE MOTION I suggest the absence of a quorum. They are. Senators just promised The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- they would, 71 to 25. They just made clerk will call the roll. jority leader. The legislative clerk proceeded to the promise. So now they shouldn’t Mr. MCCONNELL. Mr. President, I call the roll. block us from fulfilling that promise Mr. DURBIN. Mr. President, I ask understand the Democratic leader by preventing us from getting on the unanimous consent that the order for would like to make some remarks. Defense appropriations measure. the quorum call be rescinded. The PRESIDING OFFICER. The mi- The PRESIDING OFFICER. The mi- The PRESIDING OFFICER. Without nority leader. nority leader. objection, it is so ordered. Mr. REID. To respond to the major- Mr. REID. Mr. President, the bill Under the previous order, all ity leader, I have nothing to say until that just passed the Senate, the De- postcloture time is expired. I hear what he has to say. fense authorization bill, has 52 Repub- The amendment was ordered to be The PRESIDING OFFICER. The ma- licans voting to fix sequestration. Only engrossed, and the bill to be read a jority leader. 2 voted against it. We are all in favor of third time. Mr. MCCONNELL. Mr. President, fixing the sequester. The bill was read the third time. America asks a lot of the men and My friend, the Republican leader, is The PRESIDING OFFICER. The bill women of its voluntary military force: talking in a dreamland. having been read the third time, the to undertake dangerous missions in Ash Carter, the Secretary of Defense, question is, Shall the bill pass? far-off lands, to spend months and is a very good man. We are so fortunate

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.032 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4276 CONGRESSIONAL RECORD — SENATE June 18, 2015 that he has dedicated his life to public whether to go to the Defense appro- NAYS—45 service. He is a scientist and has priations measure. Baldwin Heinrich Nelson worked for the defense establishment The PRESIDING OFFICER. The mi- Bennet Heitkamp Peters Blumenthal Hirono Reed for a while in public service. He, the nority leader. Booker Kaine Reid Secretary of Defense, says this bill my Mr. REID. Mr. President, I know my Boxer King Sanders friend talks about is a bad bill. It friend gets the last word, and I am Brown Klobuchar Schatz doesn’t help the military. This funny Cantwell Leahy Schumer looking forward to his last word. How- Cardin Manchin Shaheen funding that is in this bill is not good. ever, the logic of my friend is illogical. Carper Markey Stabenow The chairman of the Armed Services We stand on our record, and we will Casey McConnell Tester Committee was on the floor this morn- Coons Menendez Udall continue in that fashion. Durbin Merkley Warner ing talking about that. Feinstein Mikulski Warren It is important that we solve the se- The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before the Franken Murphy Whitehouse quester problem. It is not good, but we Gillibrand Murray Wyden cannot, and we should not, fix one part Senate the pending cloture motion, which the clerk will state. NOT VOTING—5 of our government and not the other Coats Lee Scott part. The legislative clerk read as follows: Graham McCaskill We support the Pentagon. We support CLOTURE MOTION The PRESIDING OFFICER. On this the troops. Of course we do. But as the We, the undersigned Senators, in accord- vote on the motion to invoke cloture Secretary of Defense has so implored ance with the provisions of rule XXII of the on the motion to proceed to H.R. 2685, us, don’t do this to the military. To Standing Rules of the Senate, do hereby the yeas are 50, the nays are 45. have a secure nation involves more move to bring to a close debate on the mo- Three-fifths of the Senators duly cho- than the people in the armed services. tion to proceed to H.R. 2685, an act making sen and sworn not having voted in the The people in the armed services, while appropriations for the Department of De- fense for the fiscal year ending September 30, affirmative, the motion is rejected. their families are at home, want them The majority leader. to be protected as they travel to an air- 2016, and for other purposes. Mitch McConnell, John Cornyn, James Mr. MCCONNELL. Mr. President, I port. The TSA needs to be funded, the Lankford, Roger F. Wicker, John Bar- enter a motion to reconsider the vote. FBI needs to be funded, the Drug En- rasso, Thom Tillis, Steve Daines, Tom The PRESIDING OFFICER. The mo- forcement Administration needs to be Cotton, Kelly Ayotte, Lindsey Graham, tion is entered. funded, Homeland Security needs to be John McCain, John Thune, Jerry f funded, and in the process, we need to Moran, Richard C. Shelby, Daniel fund education properly. We need to Coats, Jeff Flake, Rob Portman. MORNING BUSINESS fund research for health. We need to The PRESIDING OFFICER. By unan- Mr. MCCONNELL. Mr. President, I make sure the National Institutes of imous consent, the mandatory quorum ask unanimous consent that the Sen- Health are not whacked again with se- call has been waived. ate proceed to a period of morning questration the way they were the first The question is, Is it the sense of the business, with Senators permitted to time. They lost $1.6 billion. They have Senate that debate on the motion to speak for up to 10 minutes each. never recovered from that. They have proceed to H.R. 2685, an act making ap- The PRESIDING OFFICER. Without never gotten their money back. Do we propriations for the Department of De- objection, it is so ordered. want to give them another sequestra- fense for the fiscal year ending Sep- The Senator from Maryland. tion? Of course we don’t. tember 30, 2016, and for other purposes, (The remarks of Mr. CARDIN per- We have until this fiscal year ends in shall be brought to a close? taining to the submission of S. Res. 204 the fall to work this out, and that is are printed in today’s RECORD under The yeas and nays are mandatory what we should do. We are legislators. ‘‘Submitted Resolutions.’’) I agree with the 52 Republicans who under the rule. Mr. CARDIN. I suggest the absence of said we should fix sequestration, but The clerk will call the roll. a quorum. this bill only fixes sequestration for The bill clerk called the roll. The PRESIDING OFFICER. The the Department of Defense. Mr. CORNYN. The following Senators clerk will call the roll. Let’s sit down and do what we, as leg- are necessarily absent: the Senator The senior assistant legislative clerk islators, are supposed to do. Legisla- from Indiana (Mr. COATS), the Senator proceeded to call the roll. tion is the art of compromise. We are from South Carolina (Mr. GRAHAM), the Mrs. MURRAY. Mr. President, I ask not going to get everything we want, Senator from Utah (Mr. LEE), and the unanimous consent that the order for but the Republicans shouldn’t get ev- Senator from South Carolina (Mr. the quorum call be rescinded. erything they want, and we should not SCOTT). The PRESIDING OFFICER (Mr. CAS- fund this government by using funny Mr. DURBIN. I announce that the SIDY). Without objection, it is so or- money for defense and using the really Senator from Missouri (Mrs. MCCAS- dered. unfunny money on the rest of the gov- KILL) is necessarily absent. f ernment. It is unfair, and above all the The PRESIDING OFFICER. Are there 3RD ANNIVERSARY OF DACA Republican Party, which used to stand any other Senators in the Chamber de- PROGRAM for fiscal responsibility, should get fis- siring to vote? cally responsible and help us work this Mrs. MURRAY. Mr. President, I rise out. The yeas and nays resulted—yeas 50, today to speak about a constituent of We are ready and willing at any time nays 45, as follows: mine. Ilse is a 23-year-old graduate of to sit down and work through this, and [Rollcall Vote No. 216 Leg.] the University of Washington who works at the Seattle Children’s Hos- we need to start that now. YEAS—50 The PRESIDING OFFICER. The ma- pital and is studying to become a Alexander Enzi Paul jority leader. Ayotte Ernst Perdue nurse. She has faced a lot of challenges Mr. MCCONNELL. Mr. President, as Barrasso Fischer Portman in her 23 years, not the least of which the Democratic leader reminded me, on Blunt Flake Risch was being diagnosed with cancer when a virtually daily basis for 8 years, the Boozman Gardner Roberts she was a teenager, going through Burr Grassley majority leader always gets the last Rounds treatment, and working to put herself Capito Hatch Rubio word. Cassidy Heller Sasse through college. Cochran Hoeven Here is the issue, I say to my friends Sessions And if the outstanding costs of can- Collins Inhofe Shelby on the other side: You just voted for Corker Isakson cer treatment weren’t difficult enough Sullivan the troops. And now you are going to Cornyn Johnson for her, Ilse was brought to the United vote against them? Are you going to Cotton Kirk Thune States by her mother when she was 6 Tillis vote against the troops right after you Crapo Lankford months old as an undocumented immi- Cruz McCain Toomey voted for the troops? That is the funda- Daines Moran Vitter grant, which makes navigating our mental question before us in deciding Donnelly Murkowski Wicker health care system even harder.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.035 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4277 Ilse persevered through her cancer families and businesses—people such as icy? We used to be the shining city on treatment. She worked her way Ilse—that are trapped by a broken sys- the hill, a beacon of strength, a beacon through high school with an impressive tem. of freedom. Countries that wanted to list of extracurriculars and went on to We must never forget the past and do us harm didn’t because they feared earn a scholarship that eventually got the fact that our Nation has long of- us. Our allies respected and trusted us. her to the front steps of her dream fered generations of immigrants a But, unfortunately, that is starting to school, the University of Washington. chance to achieve their dreams. Ilse is change. It is changing. Red lines have When I met Ilse in 2013, she told me no different. been crossed with no consequences in that after 15 years of waiting for her I yield the floor. places such as Syria, Ukraine, Russia, petition to obtain a visa, she lost the The PRESIDING OFFICER. The Sen- and in the Iranian negotiations. Many opportunity to obtain legal residency ator from Alaska. say American credibility has declined. when she turned 21 years old. But f Some say American credibility over- thanks to the Deferred Action for seas is in shambles. Nations that once Childhood Arrivals program, or DACA, NATIONAL DEFENSE counted on us as friends, as allies, are she had a second chance. She said she AUTHORIZATION ACT having a harder time trusting the doesn’t know where she would be now Mr. SULLIVAN. Mr. President, I wish United States and in some ways are without that second chance. She told to speak today about the National De- even suspicious of our motives and our me that DACA opened doors that were fense Authorization Act, which was policies. previously closed to her. And thanks to just passed on the floor after almost 3 So it is a critical, critical issue. How the increased certainty DACA brought weeks of debate on the Senate floor. do we, as a country, regain credibility and the amazing work ethic she has, Today, a very strong bipartisan major- in the world. It is something that ev- Ilse was able to find jobs that helped ity passed this legislation. It is a very erybody in this body and everybody in pave her way through school. important bill. the Federal Government should be fo- Today she is able to continue to pur- cused on. f sue her dream of helping others as a The NDAA bill that we just passed, nurse and building a life in Washington TRAGEDY IN CHARLESTON, SOUTH the National Defense Authorization State, her home. CAROLINA Act, is a way to start regaining credi- I am pleased to report that Ilse has Mr. SULLIVAN. Mr. President, I wish bility for our country, and we did that now been cancer free for over 14 years. to start by offering prayers and this afternoon. A very strong bipar- So while I rise to talk about Ilse, I also thoughts—I think of every Member of tisan majority in the Senate, 71 Sen- wish to celebrate DACA. the Senate—to the families of those ators, voted to pass this very impor- Three years ago this week, Ameri- tant bill. It is one of the most impor- cans celebrated a historic step forward who were killed in last night’s horrific, horrific shooting in South Carolina. No tant bills that we are going to vote on in protecting young, undocumented im- all year. migrants known as DREAMers, people words can undo the incredible pain This is an important signal. U.S. for- such as Ilse. When DACA was enacted, that they are going through, but I eign policy—our national security is the national dialogue on immigration think knowing that Members of this strongest when we act in a bipartisan policy forever changed. The adminis- body and the entire Congress are manner, as we did on the Senate floor tration announced that America is not thinking and praying for these families today, and when the executive and leg- a place that will deport someone who is something that I just wish to state islative branches are working together plays by the rules but through no fault on the Senate floor before I begin to on foreign policy and national security of their own is an undocumented immi- talk about this very important bill. issues. That is what this bill does. grant, someone who has known no f other home than the United States, In many ways, this bill does pretty NATIONAL DEFENSE much exactly what the President has someone who is an American in all but AUTHORIZATION ACT name. This was a major step toward asked in a whole host of areas regard- changing the lives of so many immi- Mr. SULLIVAN. Mr. President, as I ing the military. For example, it funds grant families. mentioned, we passed the NDAA this the Department of Defense at the lev- During the past 3 years, more than afternoon after almost 3 weeks of de- els requested by the President. And 600,000 young immigrants have bene- bate, and I do wish to extend congratu- again I congratulate Chairman MCCAIN fited from deferred action. In my home lations to the leadership, particularly and Ranking Member REED for many of State of Washington, almost 15,000 to the chairman of the Senate Armed the key programs, many of the key re- DREAMers have been able to receive Services Committee, Senator MCCAIN, forms, and such a powerful bill that got the stability and peace of mind that and the ranking member, Senator through this body. DACA brought. REED, who did such an outstanding job This bill also strongly endorses one Too often in this debate, it is dif- of working in a bipartisan fashion on of the President’s signature foreign ficult for some people to understand this bill. policy issues—the rebalance of our that millions of undocumented families In many ways, this bill is about military focus to the Asia Pacific. in our country are already an impor- something that is so critical to Amer- There are many provisions in the tant part of our community. Immi- ican foreign policy and national secu- NDAA that support this rebalanced grants—documented or not—work rity interests. What is that? It is credi- strategy. Most Members—Republicans hard. They send their children to bility, the credibility of the United and Democrats—of this body are sup- schools throughout this country. They States. In many ways it is the coin of portive of the President’s rebalance pay their taxes, and they help weave the realm in international security— strategy. the fabric of our society. In all but how our friends, how our allies, and There is even a directive in the bill name, they are Americans, and Amer- how our adversaries view American from the Congress to the Department ica would not be the same without credibility, particularly in the realm of of Defense and our military leaders them. national security, international affairs, that states: ‘‘In order to properly im- Despite the steps this administration and foreign policy. They pay close at- plement the U.S. rebalance policy, has taken, only legislation from Con- tention to what we are doing on this United States forces under operational gress can solve the underlying problem floor, in the White House, and over- control of the U.S. Pacific Command of a very broken immigration system. seas—credibility. should be increased’’—increased, not So I am here today to say I stand Unfortunately, as many are aware, decreased. That is strong language. ready to work with my colleagues on both at home and certainly overseas, That is supporting the President’s re- both sides of the aisle to achieve that. we are rapidly losing credibility around balance. The Department of Defense Until Congress truly passes comprehen- the world. In fact, much of the world is needs to heed this language from Con- sive immigration reform, I am going to puzzled. What is happening to Amer- gress, and of course we will be keeping continue working each day to help the ican credibility in terms of foreign pol- a close eye on whether they do.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.046 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4278 CONGRESSIONAL RECORD — SENATE June 18, 2015 So the NDAA just passed on the floor there. They want us leading. But the opportunities for energy. As a recent helps—it can help and it will help re- consensus was that if we can’t move column in the Wall Street Journal store America’s credibility in the forward on TPA, it would be disastrous pointed out, ‘‘No wonder Moscow has world. But it would be another blow to for our credibility. been racing to reopen old Soviet bases our credibility—to U.S. credibility So, again, the world is watching. We on its territory across the Arctic and globally—if, after all the hard work cannot afford to lose U.S. credibility in develop new ones.’’ that has gone into this bill, after the another region of the world. I am hope- The signs are everywhere that Russia strong bipartisan support this bill ful that next week, as this bill comes is making a new push into the Arctic. achieved, the President would then de- to the floor of the Senate, we will once Let me provide a few examples. Earlier cide to veto the NDAA. What would the again vote to pass trade promotion au- this year, the Russian military held 5 world think of that? What would the thority because that goes to not only days of Arctic war exercises that in- world think of our commitment to our helping spur economic growth and cluded close to 40,000 troops, 50 surface troops with a bill that strongly passed greater job growth in our own country, ships, 13 submarines, and 110 aircraft. in the House and Senate to fund the but it goes to America’s leadership and The chairman of the Joint Chiefs of U.S. military, to set policies that sup- credibility in the world. Staff, General Dempsey, said recently port the President’s policies, if the Finally, I want to talk about another that the Russians are increasing their President then vetoed the bill? This area of the world where U.S. credibility military forces by six combat brigades, would further undermine U.S. credi- is at stake, and that is the Arctic. For- four of which will be stationed in the bility in the world right at a moment tunately, Congress has begun to recog- Arctic. President Putin has said he when the Congress is trying to be sup- nize this fact. In the bill we just de- wants to build at least 13 new airfields, portive and rebuild this credibility. bated and passed on the floor today, and they are starting in the Arctic. After today’s vote, after passing the the NDAA, there is an important provi- They are establishing a new Arctic NDAA, it is not clear that Members of sion about the national security of the command, with several new ice- this body are going to move forward to United States in the Arctic. It is now breakers to add to their robust fleet. actually appropriate the money to fund up to the administration and the De- In the paper just today, there was an- the military. Think about that. The partment of Defense to start to focus other report of the Russians planning NDAA passes with strong bipartisan on this very important area of the yet another large-scale exercise in the support out of the Committee on United States but also the world. Arctic involving two Arctic brigades. Armed Services and strong bipartisan Nobody spoke more eloquently and Just last week, in a study called support on the Senate floor this after- compellingly about peace through ‘‘America in the Arctic,’’ CSIS talked noon and the President of the United strength and about our country’s credi- about what the Russians are doing. The States vetoes it. That is not going to bility in the world than former Presi- article said: help America’s credibility. dent Ronald Reagan. President Rea- Recent actions taken by Russia do not in- Now we are moving to Defense appro- gan’s philosophy to win the Cold War still confidence that the Arctic will be ex- priations, again with strong bipartisan was simple. As he put it, ‘‘We maintain empt from recent geopolitical tensions. The Kremlin continues to hold unannounced support out of the Committee on Ap- the peace through our strength; weak- military exercises in the Arctic, which en- propriations. Yet we are hearing ru- ness only invites aggression.’’ gage significant numbers of forces . . . and mors that our colleagues on the other The important thing President simulate the use of nuclear weapons. Mos- side of the aisle are not going to fund Reagan did was he matched his rhet- cow’s authorization of the use of military the military, that they are going to fil- oric with credible actions. Under Presi- force to protect Russian interests in the Arc- ibuster this bill. dent Reagan, we strengthened our tic . . . the planned reopening of over 50 So- Playing politics with the funding of NATO allies, strengthened our mili- viet-era bases along Russia’s Arctic coast- our defense, the funding of our men and tary, provided strong funding for the line, and Russia’s recently Unified Arctic Command, as well as Russian Deputy Prime women in uniform, is not going to help men and women who defend us, mod- Minister Dmitry Rogozin’s pronouncement enhance America’s credibility any- ernized our strategic defense systems, that ‘‘the Arctic is Russia’s Mecca,’’ have all where. I think Members are going to and countered potential Soviet threats raised serious questions regarding Russia’s have a hard time explaining votes that throughout the world. intent in the Arctic. don’t look to fund the men and women As a result of this credible policy I want to put this in perspective with who so courageously defend us day in that people and countries around the a map. This shows the new push by the and day out here and abroad. It just world believed whether they were our Russians into the Arctic. It shows the doesn’t make sense. We have to recog- allies or adversaries, the efforts of the new airfields, the new bases. If we look nize that these actions that are being Soviet Union to build an empire based at the map here, we see red on these taken on the floor and in the White on aggression were thwarted and the different spots. These red spots are the House are not only being watched by Soviet Union itself ended up col- new or existing Russian bases and air- Americans, they are being watched by lapsing. fields in the Arctic. The three blue our allies and our adversaries overseas. Today, the Soviet Union no longer spots on this map are the U.S. pres- Another way to start to restore exists, but make no mistake—the im- ence—a small airfield and radar station America’s credibility in the world and perialist dreams of expansion that have in Greenland and Alaska. America’s to support the President and the White dominated much of Russian history Arctic. Two combat brigades in the House’s rebalance strategy in the Asia since the days of the czars is still alive. great State of Alaska. Pacific is to pass trade promotion au- Today’s Russia is again a threat to its Our U.S. military commanders are thority next week. We have all talked neighbors and to the peace of the starting to wake up to the fact that the about that. We debated that here on world. Think about Russia’s unlawful red is clearly expanding on this map, the floor for many weeks. It will help military aggression in the Ukraine. and it is concerning them. Even Sec- increase jobs. It will make sure that But that is not all. There are other retary of Defense Ash Carter said just we, the United States, are setting the vital areas of the world in which Rus- 2 months ago: rules of the road for international sia is now taking new actions that The Arctic is going to be a major area of trade in the Asia Pacific and not should concern us. One of these areas is importance to the United States, both stra- China. But it also goes to America’s the Arctic. tegically and economically in the future— credibility. We don’t hear much about the Arctic it’s fair to say that we’re late to the recogni- I had the honor of traveling a couple from the mainstream media. That is tion of that. of weeks ago with Chairman MCCAIN, largely because it is hard to get report- We are late. So what are we doing? Ranking Member REED, and the Sen- ers and television cameras out to the The Russians have Arctic exercises, ator from Iowa, Mrs. ERNST, to Viet- Arctic. But America is an Arctic na- new airfields, a new Arctic command, nam and Singapore. We met with the tion. We are an Arctic nation because and four new Arctic combat brigades, Prime Minister of Singapore. All the of my State, the great State of Alaska. according to our own Chairman of the discussion was on American engage- And there is much at stake in the Arc- Joint Chiefs of Staff. What are we ment in the Asia Pacific. They want us tic—new transportation routes, huge doing? The Department of Defense has

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.048 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4279 a 13-page Arctic strategy. That is it—13 moving one single soldier out of Amer- So we wanted to come down to the pages. That is what the United States ica’s Arctic until all of this has been floor just to talk a little bit about of America has—the greatest military completed, and they should look hard what the stakes are for people’s tax force in the world right now—as this is at this bill—that we hope the President bills and how this is going to be a gut happening. We have this. will not veto—with regard to the direc- punch for millions of American fami- I want to talk about credibility. This tion of the Congress on the importance lies if the Supreme Court rules the way is not credible. This is not credible. of increasing U.S. military forces in we hope they don’t. Worse—much worse—the Department the Asia-Pacific to add credibility to I think it is, first of all, important to of Defense is thinking about removing our rebalanced strategy. That means say at the outset that most of us who one or maybe two brigade combat keeping appropriate troop levels in ap- have followed the Affordable Care Act teams from America’s Arctic. propriate places—like the Asia-Pacific, and its legal interpretation think this Let me repeat that. As the Russians like the Arctic, and like Alaska—as re- is a sham of a case. This is a political are building up everywhere, we are quired by the bill that we just passed attack on the Affordable Care Act looking at possibly removing the BCTs by an overwhelming majority. masked as a legal case. right here—these two blue dots—one or Alaska is the northern anchor of the There is absolutely no question that two, gone. That is not credible. These Pacific rebalance. It is the gateway to the Affordable Care Act is built in a are the only U.S. soldiers in the Arctic. the Arctic. It is what makes America way to deliver subsidies to both State They are Arctic-tough soldiers, cold- an Arctic nation. It is our only Arctic exchanges and Federal exchanges. I weather trained. This is the only Arc- State, and it probably is the single will not go into all the details as to tic airborne brigade in the United greatest repository of untapped energy why that is the clear case. But though States. This is the only airborne bri- resources that will power our Nation’s we are talking about what might hap- gade in the entire Asia-Pacific, right future. That is why, in the words of pen if King v. Burwell comes down for here, Fort Richardson, Alaska. These Gen. Billy Mitchell—the father of the the plaintiffs, many of us think that soldiers, thousands of them, are capa- U.S. Air Force—it is the most strategic would be an absolutely ludicrous legal ble, well-trained, tough U.S. soldiers, place in the world. result, one that would be a stunning and they are the only ones capable of We need a strong rebalanced strategy act of judicial overreach, essentially a protecting our country’s interests in that is credible. political substitution of the Court for the Arctic, as that part of the world be- I yield the floor. the legislature. But I want to talk The PRESIDING OFFICER. The Sen- comes more and more an area that about a couple case studies and then ator from Connecticut. Russia becomes interested in. turn the floor over to my colleagues. So we have this, 13 pages. We have f I have come down and talked about announced we are seriously contem- TRAGEDY IN CHARLESTON people from Connecticut. I talked plating removing these forces from the Mr. MURPHY. Mr. President, let me about Christina, a small business Arctic. Let me just say, Vladimir say, before turning to the topic at owner from Stratford; Susie, a two- Putin must surely be smiling some- hand, those of us from Connecticut—es- time breast cancer survivor from North where in Moscow as he makes these pecially those of us in and around Canaan, CT; and Sean and Emilie, two moves and he hears that the Depart- Sandy Hook, CT—our hearts go out to freelancers from Weston. All of these ment of Defense is thinking about re- the community in Charleston. The people have gotten tax credits through moving our only Arctic forces out of grief and tragedy they are working and the Affordable Care Act, and it has al- the Arctic. This is not credible. sifting through today is hard for any- lowed them to have a lower tax bill but We are not only showing a lack of one to imagine. All I can say is I hope also get insurance. Many of them, it credibility, removing Army troops they will find, as we did in Newtown, was the first time in their lives or in from the Arctic, removing them from CT, that an internal strength over time recent history that they have been able Alaska, will show the world weakness. comes from unlikely spots; that friends to afford insurance. But there are sto- As President Reagan noted, weakness arrive from far-off places; that there is ries all over the country that are par- is provocative. We can be assured of a community that is much bigger than allel to the stories from Connecticut I that. one church or one city that is going to have been telling on the floor of the This strategy defies logic. Impor- wrap its arms around families and Senate over the course of the last year. tantly, it also defies the direction of friends of the victims during this ter- For instance, there are 832,000 Texans the U.S. Senate and the NDAA, which rible time. who are receiving an average tax credit we just passed by large bipartisan num- f of $247 a month. If the Supreme Court bers. As I mentioned at the outset, the strips away these tax credits, those bill we just passed states that the De- KING V. BURWELL DECISION 800,000 people in Texas are going to see partment of Defense should increase Mr. MURPHY. Mr. President, I was a tax increase of around $3,000. People troops in the Asia-Pacific region—in- so glad to see Senator STABENOW down like Aurora, a 26-year-old from Hous- crease troops—under the command of on the floor a week ago talking about ton, got health insurance coverage the PACOM commander, which in- a pretty simple issue, which is the tax through Texas’s Federal marketplace. cludes these troops right here. increase that is going to occur to 6.4 She works at a small nonprofit where Fortunately, as I said, there are also million Americans if the Supreme she helps her LGBT peers get the cov- provisions in the NDAA to start mak- Court rules this week, next week, for erage they need. She is saving $1,500 a ing sure our country wakes up to the the plaintiffs in the case of King v. year getting insurance she would have security interests we have in the Arc- Burwell. We wanted to come down to never been able to afford. She says, tic. The bill we just passed on the floor the floor and accentuate this message quite simply: provides an important first step toward so people all around this country know I wouldn’t be able to afford my policy oth- ensuring that the Arctic remains a what is at stake. erwise. It has really helped me be able to get peaceful, stable, and prosperous place. What is at stake is 6.5 million people my well person exam and other preventions The NDAA requires our military to losing their health insurance. That screenings that I’d not had in years. lay out a specific strategy—not just 13 maybe gets the headlines. But the way She is one of 832,000 people in Texas pages—in the Arctic region that pro- in which people get affordable health who are going to have their taxes in- tects our interests there. It requires insurance under the Affordable Care creased, their insurance stolen away. the Secretary of Defense to update the Act is by tax credits. So the immediate I am a big New York Giants fan, so I Congress on the U.S. military strategy effect of a reversal of subsidies for Fed- get to watch a lot of games in which in the Arctic region, and, importantly, eral exchange States is that 6.5 million the Giants are playing in this stadium, requires a military operations plan for Americans are going to have their which is, as Cowboy fans know it, the protection of our security interests taxes dramatically increased by thou- AT&T Stadium. You could fill AT&T in this important region of the world. sands of dollars if this body refuses to Stadium 10 different times. This is a The Department of Defense, the U.S. act in the face of a Supreme Court find- huge stadium. People see the giant Army, should not even contemplate ing for the plaintiffs. jumbotron on the roof of this stadium.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.049 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4280 CONGRESSIONAL RECORD — SENATE June 18, 2015 You could fill AT&T Stadium 10 times But this is going to be a death spiral Unfortunately, one of those States is with the number of people in Texas nationally. We have no idea how this my State of Michigan. alone who could lose their health care will actually play out. When you have But let me talk a little bit more, and lose their tax cut—$3,000, on aver- all of these subsidies ripped away with first, about the broad picture, because age, per person a year in Texas—if King the insurance reforms still baked in, we are looking at $1.7 billion in tax in- v. Burwell is decided in favor of the even in States such as Connecticut, creases to people all over America if plaintiffs. where you have a State exchange, we the Supreme Court sides with the Re- But I will tell another story of a are not immune. Nobody is immune. publican position. Basically, somehow young woman named Celia. She is a The primary victims here are going to we would have to say it is rational that self-employed Pilates instructor in be the people in States such as Florida Members from all of these States actu- Florida. Since 2005, she hasn’t been and Texas, as I mentioned. But this is ally voted for a system that didn’t help able to find health care coverage. Since going to be a national catastrophe. their own people, which makes abso- 2005, she has been uninsured. Now, she We hope we don’t ever have to have a lutely no sense. has been lucky because she didn’t get conversation on the floor of the Senate I can’t believe anybody would do really sick during that time, but she as to how to fix this. But we better be that. People wouldn’t do that. Basi- only had a $900-a-month plan that she clear ahead of time as to what the im- cally, we are saying that Members of could find. That was the cheapest. With plications are. Congress said that people in Massachu- the Affordable Care Act, Celia finally I yield the floor. setts, where there is a State exchange, has insurance. Celia is able to finally I know my colleague will seek rec- can have a tax cut, but if you live in sign up for a health insurance plan ognition. Oklahoma you can’t. Or if you live in that has meant something to her be- The PRESIDING OFFICER. The Sen- the District of Columbia, right here, cause last year she had a minor acci- ator from Michigan. you can have a tax cut, but if you live Ms. STABENOW. Mr. President, first dent in her home. She had to go to the in Louisiana, you can’t. Or if you live I want to thank my friend from Con- emergency room. With her insurance, in New York, you can have a tax cut, necticut, not only for those very pow- she received a bill of $57. She said, ‘‘I but if you live in Texas, you can’t. erful words but for his ongoing advo- couldn’t have even imagined what that We can go right around looking at cacy and leadership in the whole realm would have cost me out-of-pocket— some of the numbers. I will not go of health care and the importance of through all of the charts that I did last more than I could ever afford.’’ This something as basic as being able to week. I am very grateful for Senator year, Celia has reenrolled in another take the kids to the doctor, to make MURPHY for pointing out two very im- silver plan, and for around $200 a sure that you have the health care and month she knows that she is going to portant States. the affordable health insurance that Let me talk about my State of Michi- be covered if she gets sick or if she has you need. I want to thank Senator another minor accident. gan. I happen to be a baseball fan. I am MURPHY, and I also want to thank Sen- In Florida—we think this is a lot of a big Detroit Tigers fan. When we look ator BALDWIN as well, my partner and at Comerica Park in Detroit, it is a people, 832,000. In Florida, there are 1.3 neighbor from Wisconsin. Senator million people who are receiving health beautiful stadium. Mr. President, we BALDWIN is also a champion as it re- welcome you to come and watch a care tax credits right now. Now, I root lates to quality, affordable health care game and get our folks engaged in for the University of Connecticut for every American. Both of them are what they do best at winning games. Huskies, and so we don’t necessarily very important voices and leaders on The fact of the matter is that you get to play in stadiums this big when what we call the HELP Committee. I would have to fill up Comerica Park you are playing out of the American am their partner on the other com- five times—that is what it would Athletic Conference. But everybody in mittee that does the financing of Florida knows The Swamp, and you health care, which is, in fact, the Fi- take—to get the number of people who could fill The Swamp 15 times over nance Committee. are going to lose their health care tax with the 1.3 million people who could As the ranking Democrat—the lead credits if the Supreme Court sides with lose their health care tax credit. Those Democrat—on the Health Care Sub- the Republican position—228,388 people. are more people than attend Gator committee and someone deeply in- A couple of other States: In Illinois, football games on an annual basis. volved through the Finance Committee 232,371 people will see their taxes go up. Those are more people than attend as we were putting together the Afford- In New Jersey, 172,000-plus will see Gator football games over a 2-year pe- able Care Act, I think it is appropriate their taxes go up. In Ohio, another riod of time. So 1.3 million people are for me to be able to talk about legisla- State right down from the great State going to lose their coverage in Florida tive intent. That is what I want to do of Michigan, 161,011 people will see alone. for a moment. We knew that in putting their taxes go up. Finally, in Pennsyl- So let’s call a spade a spade. This is together a way for everyone to be able vania, it is 348,823 people. about health care. It is about our belief to purchase affordable health insurance When we look at all of this, all of the that for people who are working hard and indicating the expectation that we States together, 6.4 million people are and playing by the rules, they should would, it had to be affordable. going to see tax increases. It makes no have a shot at being healthy, but it is I worked very hard to make sure that sense that people who represent these also about keeping people’s tax bills we had a tax credit system that would States would have voted for a system low. If we ever contemplated a bill on essentially lower people’s taxes so they that raises taxes on their people and the floor of the U.S. Senate that raised could take those funds and be able to doesn’t give them the health care they 1.3 million people’s taxes in Florida by use those to be able to afford health in- need while other people, in fact, see an average of $3,500, my friends from surance. In fact, at the time, Senator lower taxes—tax credits that allow the Republican side of the aisle—our Baucus, the chairman of the com- them to pay for their health care and friends would be screaming bloody mittee, would razz me and call me get affordable health care. It makes ab- murder that this was an unjustifiable, ‘‘Senator Affordability’’ in all the solutely no sense. unconscionable, unworkable tax in- meetings. Let me also say this. When we look crease on the American people. But We spent a lot of time focusing on at the Chairman of the Finance Com- there is largely silence or temporary how to make sure health insurance was mittee in the Senate, the former dis- fixes and patches that are proposed. affordable. What is happening, as Sen- tinguished chairman, Senator Max So I am glad to join my colleagues to ator MURPHY said, is that if the Su- Baucus from Montana, all the time we talk about what this means. preme Court sides with the Republican were debating the Affordable Care Act, Now, I am from Connecticut and we position, 6.4 million Americans are it was clear that Montana had abso- have a State exchange. We have a going to see tax credits go away and lutely no plan to set up their own ex- State exchange. Conventional wisdom their taxes go up. The worst part is change. They indicated that. In order is that those of us who have State ex- that their taxes are going to go up and for the Court to side with Republicans, changes are going to be protected be- their health care is going to go down. we would have to somehow believe that cause we will continue to get subsidies. It is not a good deal for anybody. Senator Baucus would write a health

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.051 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4281 care bill with tax cuts for other States existing health conditions. And in too erage when her son turned 18 years old. and not his own State of Montana, many cases they dropped your coverage She went without medical care because which I can assure you he did not do. because you got sick, got older or had she could not afford it, even though The same can be said for myself. a baby. Kim’s doctor had found an indication The legislative intent is absolutely Making the Affordable Care Act the of cancer during a hysterectomy. But clear on this. What the Court is decid- law of the land marked a critical turn- then she signed up for the affordable ing, in my opinion, is something that I ing point that was essential to stop- coverage on the Affordable Care Act’s can’t believe they are even bringing in ping these predatory practices and to marketplace that costs only $79 a front of the U.S. Supreme Court be- giving our families the quality, afford- month. And when she renewed her cov- cause on the face of it, it makes no able health care they deserve and they erage this year, her premium dropped sense. Unfortunately, depending on need. Now the story has changed. to $20 a month. Without this coverage how they rule, millions of Americans— As my colleagues have noted, we and the premium tax credits, she millions of Americans—will see their have seen a historic reduction in the wouldn’t have been able to afford the taxes go up and their health care go number of uninsured since Congress extra checkups she needed to keep away. passed the Affordable Care Act in 2010. track of the possibility of the cancer The intent is very real. It is very Thanks to the law, over 16 million pre- emerging. clear in the Affordable Care Act. Title viously uninsured Americans have re- Joelisa is a real Wisconsinite. She is I, page 1: Quality, affordable health ceived health coverage. This year more a community health worker. Joelisa care for all Americans. What was true than 10 million individuals have an af- lost her health insurance when she 5 years ago when we wrote this bill is fordable, quality health plan through switched jobs but was able to quickly true today: The right to get the tax the law’s new health care market- find a new plan through the ACA mar- cuts has nothing to do with the State places. Nearly 8.7 million people are ketplace. The plan cost only $87 per in which you live. If you are in Amer- benefiting from the health insurance month with premium tax credits—a ica, then you deserve the opportunity cost assistance provided under the new tremendous tax savings from her $500 to receive tax cuts that will make your law. monthly premiums through her pre- health care affordable, whether you get I want to make it clear that the law’s vious job. Joelisa’s health care cov- your plan on an exchange run by the important benefits are making a real erage helps her manage several chronic State or through healthcare.gov. difference in my home State of Wis- conditions, including a metabolic syn- This is about moms and dads in consin. In Wisconsin, over 180,000 peo- drome that carries a high risk of pro- Michigan and across the country being ple have a quality insurance plan gressing to diabetes, and it also makes able to go to bed at night without hav- through our Federally facilitated Af- sure that her daughter gets immuniza- ing to say a prayer that says: Please, fordable Care Act marketplace. tions and stays as healthy as possible. God, don’t let the kids get sick because More than 90 percent of these Wis- One part of this story has not what am I going to do? The Affordable consinites are receiving support to changed, and that part is that our col- Care Act has provided an answer and make their coverage more affordable. leagues on the other side of the aisle the peace of mind for millions of Amer- More importantly, the insurance com- don’t want the Affordable Care Act to icans. We certainly hope that the Su- panies don’t get to make their own work. In fact, they continue to root for preme Court will not take that away. rules anymore. its failure. They don’t want you to I would now like to yield the floor to Because of the Affordable Care Act, know about Joelisa’s lower health in- the great Senator from Wisconsin. insurance companies can no longer surance premiums or about Kim’s af- The PRESIDING OFFICER. The Sen- deny coverage to the more than 2 mil- fordable plan that is helping her pre- ator from Wisconsin. lion Wisconsinites who have some type vent cancer. f of preexisting health condition. Insur- Regrettably, what they do want is ance companies can no longer charge crystal clear. They want to repeal the TRAGEDY AT EMANUEL AME copays or deductibles for critical pre- law and turn back the clock to the CHURCH ventative services such as contracep- days when only the healthy and Ms. BALDWIN. Mr. President, before tion or cancer screenings for over 1 wealthy could afford the luxury of I begin my focus on the Affordable Care million Wisconsin women. Thanks to quality health insurance. Since its pas- Act, I want to simply state that my the new law, 89,000 Wisconsin seniors sage, Republicans have spent countless heart goes out to the victims of last on Medicare will see their prescription days trying to repeal the Affordable night’s shooting in Charleston, SC, as drug doughnut hole closed by 2022. In Care Act by any and all means. They they participated in a prayer service at the meantime, these same seniors on have tried to repeal the law in Con- Emanuel AME Church. The victims and average have saved $913 each on pre- gress by voting over 50 times—that is their families and the entire commu- scription drugs. 5–0—to repeal all or parts of the Afford- nity are in my thoughts and prayers in I could continue on to share more able Care Act. They have also tried to the wake of this unspeakable hate numbers that prove that the ACA is repeal the law by advancing politically crime. working for our families in Wisconsin motivated lawsuits, including the most f and in States across the country. But recent one that would rob millions of the real proof, the real story is about Americans of the health insurance they AFFORDABLE CARE ACT the faces and the people behind these have today. In Wisconsin alone, this Ms. BALDWIN. My colleagues and I numbers. It is about real people, real would mean that over 160,000 hard- gathered here on the floor today to Wisconsinites, who are realizing the working Americans would see their share some good news—something we benefits of this law every day—real taxes increase if they were stripped of unfortunately don’t get to hear quite Wisconsinites such as Doug from their health insurance subsidies. That enough on the Senate floor. I am here Colgate, WI. At age 62, Doug was wor- is enough to fill historic Lambeau today with Senators MURPHY and STA- ried about becoming uninsured. He and Field twice. It is one thing to say the BENOW to talk about how the Afford- his wife had been insured through her numbers, it is another thing to imagine able Care Act is working to strengthen employer, but she was about to apply the number of Wisconsinites that af- and improve the economic security and for Medicare. Fortunately, Doug was fects. the health security of our families all able find an affordable health plan on It is not only Wisconsin families who across the United States. the Affordable Care Act marketplace. would be impacted by this devastation Before the Affordable Care Act, over He did not have to lie awake at night but also families in our neighboring 50 million Americans were uninsured, worrying about being denied coverage States—neighboring States with Fed- and seniors paid higher out-of-pocket due to his recent heart surgery or an- eral exchanges—such as Michigan, Illi- costs for their prescription drugs. In- other preexisting condition. nois, and Iowa. surance companies wrote their own There are real Wisconsinites such as Republicans have tried to say they rules and jacked up premiums. They Kim of West Allis. Kim runs a small have an answer, but their answer is denied coverage to people with pre- costume shop. She lost Medicaid cov- really nothing more than another tired

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.052 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4282 CONGRESSIONAL RECORD — SENATE June 18, 2015 attempt to dismantle and repeal the gress to the President of the United part of it. We have free-trade agree- Affordable Care Act. One of these pro- States, the Chief Executive—power ments with big nations, such as Can- posals was put forth by a Republican that Congress has—authorizing and di- ada, Australia, Mexico, Chile. The ne- colleague from my home State of Wis- recting that the President go forward gotiations—really have an impact with consin. It would eliminate the health to negotiate a trade agreement. This two nations of significance: Japan and insurance subsidies in all States, in- trade agreement would then be brought Vietnam. Why we can’t negotiate trade cluding the federally facilitated and back to the Congress and, through leg- agreements with them in a bilateral State-run marketplaces. His proposal islation, would be implemented. But fashion? I don’t know. Why do we have would rob over 166,000 Wisconsin con- the trade agreement would never be to create a transnational union, an in- stituents of their premium support. His subject to full evaluation, full debate stitution that has the power, as I will plan would attack the health care secu- under the normal processes of Con- explain, to impact the laws of the rity of Kim and Joelisa. According to gress, nor would it be subject to any United States of America? It is not the American Academy of Actuaries, it amendment. Indeed, if the trade pro- necessary. would expand the ranks of the unin- motion authority passes the Senate— I voted for—it has not worked as well sured and raise premiums. maybe next week—this legislation, this as we were told it would work, but I Naturally, his proposal would hand trade agreement would be fast-tracked. voted for the last bilateral agreement over the reins to the insurance compa- That is why they call it a fast-track with South Korea. South Korea, like nies and allow them the freedom to agreement. Japan, is our good friend. We do not take us back to the days when they of- The fast-track would mean that the have any fundamental disagreements fered bare-bones plans without essen- treaty—they call it ‘‘agreement’’ to with them. They are part of the civ- tial health care coverage. In Wisconsin, avoid the fact that a treaty requires a ilized world and so forth. But they have this means going back to the days two-thirds vote—that this trade agree- a different view of trade than we have. when there were no—none, zip, zero— ment would be brought up so that Con- They are mercantile. They have to be individual health care plans in the en- gress—it would be on the floor for 20 approached and considered in a dif- tire State that offered maternity cov- hours, it would be subject to no amend- ferent way. They just approach trade erage for families. We cannot go back, ment, and it would be voted on, up or differently. They believe manufac- we must not go back, and we will not down. It would be filed, for example, at turing and exports mean power. An ac- go back. 4 o’clock on a Monday afternoon and tual study has shown not too long ago We know the Affordable Care Act is voted on final passage the next day at that mercantilism has enhanced their providing access, affordability, and noon. That is the kind of situation we power. A nation with trading deficits quality in the State of Wisconsin. We are faced with. like the United States has had their also know that in the United States of Fast-track has been used for a num- power diminished as their trade defi- America, health care should be a right ber of years, a number of times, but it cits have accrued. So some of our colleagues reject mer- guaranteed to all and not just a privi- has always been focused on trade— cantilism. It is not healthy to trade for lege reserved for the few. That is what what the tariff rates might be between sure. We would like to see it go away. we have fought for, and that is what we trading partners, details of trade agree- But it is our trading partner’s policy. are going to continue to fight for as we ments and definitions and those kinds We have to deal with that reality when move the Affordable Care Act forward. of things. But this agreement is far more extensive. It is more extensive in we negotiate agreements. I wish to once again thank my col- So what I will say, colleagues, is that the size and the scope of the trade leagues, Senator STABENOW and Sen- this is a significant event. I see no rea- ator MURPHY, for joining me on the agreement, the number of nations, and son that when we are attempting to floor this afternoon. the fact that it would cover—if the At- create a trade agreement, it can’t be We have a case that is about to be de- lantic agreement is also approved—75 like South Korea in 2012. Why do we cided by the U.S. Supreme Court. percent of the world’s economy. have to create an entirely new There has been effort after effort in the But even more significant to me is transnational union with the power Congress of the United States to repeal that it creates something that is a non- where each nation has one vote? The or defund all or part of the Affordable trading entity, a commission, a trans- Sultan of Brunei—Brunei is one of the Care Act, but it is providing lifesaving pacific international commission. This countries, one of the 12—the Sultan of coverage and good news for Wisconsin- commission will meet regularly. It will Brunei gets one vote, and the President ites and people across America. be created by legislation with certain of the United States gets one vote it I yield back my time. rules. But according to the Trade Rep- appears, although from my reading of I suggest the absence of a quorum. resentative who is negotiating in ad- the document it is difficult to fully un- The PRESIDING OFFICER. The vance of this legislation on behalf of derstand what they mean. clerk will call the roll. President Obama and who is advo- I would say, at the most fundamental The senior assistant legislative clerk cating for it, it will be a living agree- level, this Congress should not fast- proceeded to call the roll. ment. That means the entity itself, the track any transnational union of which Mr. SESSIONS. Mr. President, I ask commission, will then be entitled to we are a part until we understand unanimous consent that the order for make the TPP say different things, every word in it, we know exactly what the quorum call be rescinded. eliminate provisions it does not like, it means, and the President can an- The PRESIDING OFFICER. Without and add provisions it does like. In fact, swer. I have asked questions. I have objection, it is so ordered. the commission is required to meet asked him what it means—the living Mr. SESSIONS. Mr. President, I ask regularly and to hear advice for agreement language—in a letter. No unanimous consent to speak in morn- changes from outside groups and from answer. I asked the President of the ing business for up to 1 hour. inside committees of the commission United States: Do you contend this The PRESIDING OFFICER. Without so that they can update the situation agreement will reduce the big trade objection, it is so ordered. to change circumstances. deficit we have or will it increase the Mr. SESSIONS. I thank the Chair. It is a breathtaking event. It says it trade deficit? They don’t answer. The f is designed to promote the inter- only thing advocates for this treaty national movement of people, services, say is that it will advance or enhance TRADE and products—basically the same lan- employment in the exporting industry. Mr. SESSIONS. Mr. President, I be- guage used to start the European That is the only statement they have lieve we are moving to a very impor- Union. In fact, I have referred to it as made. Why are they being careful tant debate in the next week as the a nascent European Union. I do not about that? I have listened to them. No Senate moves forward with legislation think that is far off base. one has ever said much more than that. passed by the House of Representatives So we will have 12 Pacific nations Well, in 2011, the President of the today that would advance trade pro- come together in this agreement. Well, United States asserted, when he was motion authority. Trade promotion au- the trade agreement, I would suggest, promoting the trade agreement with thority is a delegation by the U.S. Con- colleagues, is not that big of a deal—a South Korea—this was his statement:

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.054 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4283 We don’t simply want to be an economy January of this year, he wrote an op-ed simple majority in the House and the that consumes other country’s goods. We for the Los Angeles Times in which he Senate without an amendment. want to be building and exporting the goods said this. Instead of saying that we are One of my Republican colleagues that create jobs here in America . . . going to have a $10 billion increase an- said: Oh, well, we will have a Repub- Well, I agree with that. I think we do nually in exports, let’s look at the lican President, and we can really put need to focus on that. We have a sus- facts. This is Mr. Prestowitz: up some good trade bills. Who knows tained trade deficit, we have a sus- Over the last 35 years, the U.S. has brought who is going to be elected President tained decline in American manufac- China into the World Trade Organization and next year. Who knows if the President, turing, and we have seen the wages of concluded many free-trade agreements, in- if he is a Republican, will send up a America’s middle class decline for over cluding one with South Korea three years good trade bill. Congress has its duty a decade—since 2000. We have not had ago. In advance of each, U.S. leaders prom- to respond and study trade agreements increases in wages but a decline in ised the deals would create high-paying jobs, and cast a knowledgeable vote on it. I reduce the trade deficit, increase [gross do- wages. Part of that is because of a de- don’t think Congress, in this instance, cline in manufacturing, which is where mestic product] and raise living standards. But none of these came true. In fact, the U.S. should give up its procedural processes higher wages are paid. non-oil trade deficit continued to grow, mil- for passing any important legislation. I So this is what the President said lions of jobs are offshored and mean house- think a decision of the magnitude we with regard to the Korea Free Trade hold income has hardly risen since 2000. And are dealing with deserves the most Agreement in his announcement back economists overwhelmingly agree that rising careful scrutiny. in 2011: ‘‘I’m interested in agreements U.S. income inequality is being driven in This is not a trade agreement with that increase jobs and exports for the part by international trade. one friend and ally, South Korea, it in- American people.’’ That is President Reagan’s adviser, a cludes 12 nations in the Pacific. As Well, I am, too. Well, what do we student of these issues who knows the soon as that is inked, we have been know about the Korea trade agree- Pacific well, who has written a book on told—and brought forward for passage ment? Did it work? President Obama trade and documents—contrary to in the Congress—and, historically, if said this at that announcement. I hate what some people say—that for the we get trade promotion authority, the to recall what he said, but this is what first 150 years of our country we had agreements that are presented have al- the promise was when he made this an- high tariffs on products imported. ways passed. Once that is said and nouncement. This is the President’s Now, I believe we should eliminate done, we will begin to debate the statement that he personally delivered: tariffs. I believe we should move to Transatlantic Trade and Investment ‘‘In short, the tariff reductions in this trade, and I have supported that over Partnership, TTIP. This transatlantic agreement alone are expected to boost the years. But I just have to say I am agreement, I suppose, will also have annual exports of American goods by less convinced that in a world where some sort of commission, a trans- up to $11 billion.’’ Annual exports our partners aren’t operating on the atlantic union with powers that dis- would be increased by $11 billion: ‘‘This same policies we operate on, we have to cipline and set rules outside the powers would advance my goal of doubling be careful about these agreements. of the Congress. U.S. exports over the next 5 years.’’ What our trading partners want, in Then there is going to be a services So what happened after the trade substance, is access to the U.S. mar- agreement that has already been agreement was signed? We have had ket, access so they can sell their prod- talked about. It has been leaked. less than $1 billion in 3 years in export ucts in the U.S. market and bring Somebody leaked this. The other two increases to South Korea. They have home wealth to their countries. That is are secret and cannot be seen by the had a $12 billion increase in imports to their goal. It just is. That is the way American people. the United States, virtually doubling they approach life. So this services agreement has 10 the trade deficit that was already large We want access to their markets. pages on immigration. They are going between our countries. There is nothing wrong with that. That to fast-track through changes in our This is a chart which shows how that is just what the world is about, and we immigration law. It is a very serious worked. This black line is when the are not negotiating very effectively. matter. We have other issues out there treaty was signed. This is the trade So many of these countries have non- like environmental law—that I will deficit we have been running with tariff barriers that cause difficult prob- mention in a minute—that absolutely South Korea. This is zero. These are lems in trade. And we reduce our tariff the President intends to advance the deficits we have been running. barriers and we have virtually no other through this trade agreement. Then when the treaty was signed—the barriers to the sale of foreign products So those are three major treaties, agreement was signed—we had a in the United States, while we are not and those treaties would impact 75 per- marked decline in exports. I wish it able to export competitive products cent of the GDP of America, but that is were not so. I voted for it. I bought abroad because of their nontariff bar- not all. For the next 6 years, any other into free trade and drank the free trade riers or even sometimes their tariff treaty can be advanced in this same Kool-Aid. But did it work? I have to barriers. way. Presumably, three or four coun- say it hasn’t worked yet. The reason? I just wish to say at the beginning tries could get together and agree on Mr. Clyde Prestowitz, who was a trade that I am not of the view that we have some environmental regulation, and it negotiator for President Reagan with to have a trade agreement passed this could be advanced as some trade agree- the Pacific and with Japan in the 1980s, week and as part of it that we have to ment in a fast-track procedure through said: They have nontariff barriers. pass some union with 12 countries each Congress. They have a mercantilist philosophy, having one vote. I don’t see that has to So I think the burden of proof rests and their philosophy is to buy the least be done. on the promoters of fast-track to dem- possible from abroad, make everything If we don’t sign a trade agreement onstrate why three-fifths of the Senate they can possibly make at home, and that affects Japan or Vietnam today, shouldn’t be required to agree, since export as much as possible, creating what, is the world going to collapse? this is so akin to a treaty, and/or ad- jobs in their country, creating sur- We have been getting along without it vance this contrary to the proceedings pluses in trade, creating wealth, they for decades, apparently, maybe since of Congress. believe, and also creating power. the beginning of the history of the Re- Some of my colleagues have been So I am concerned about this. I public. So I would say let’s slow down, saying that the trade promotion au- would just contend that we do not need and I say we have to focus more effec- thority, which the President is so des- to be listening to Pollyannaish prom- tively on what is good for America. perately seeking—he has been ham- ises that these trade agreements are Fast-track is a decision by Congress mering and bludgeoning his Members going to be so great for working Ameri- to suspend several of its most basic in the Senate and the House to get cans. They have not been doing so well, powers for 6 years, and any treaty that them to not vote their conscience but in my opinion. is created in the next 6 years can take vote with what he wants—they say we In fact, Mr. Prestowitz, whom I just advantage of fast-track, be brought di- should pass it because it restricts the mentioned, wrote a book on trade. In rectly to the floor, and be passed on a power of the President.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.059 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4284 CONGRESSIONAL RECORD — SENATE June 18, 2015 Well, give me a break. If this were that would require a change in U.S. law, all and to actively prohibit foreign worker true, why would the President want it? of TPA’s congressional notification, con- increases were blocked by the fast- If he could do all he wants to do with- sultation, and transparency requirements track supporters. I offered legislation out Congress, why isn’t he doing it would apply. that would make clear that the Presi- anyway? The entire purpose of fast- In other words, Ways and Means is dent couldn’t alter the constitutionally track is for Congress to surrender its intimating that this new secret Pacific exclusive power of Congress over immi- power to the executive branch for 6 union would function like a third gration, and they refused to give us a years. Legislative concessions include House of Congress, with legislative pri- vote. It is not in the bill. Why not? control over the content of the legisla- macy, the ability to advance legisla- I said: Well, we are not going to tion. The President negotiates it, he tion, sending changes to the House and change immigration law. brings it back, we can’t amend it. He Senate under fast-track procedures— Some administration underlings say controls the content on it, the power to receiving less procedure, for example, that. They don’t have the power to fully consider the legislation on the than post office reform. bind the President. They are not law- floor. It is filed on one day and voted Further, this legislative fast-track, yers, perhaps. They don’t know what the next day. The power to keep debate Ways and Means implies, is a change in the words mean. The President of the open until Senate cloture is invoked— U.S. law, meaning that if this Presi- United States hasn’t said it publically, on any other legislation, you have to dent or the next argues it is simply an neither has his Trade Representative. get a cloture vote. Executive action, not a legal action, He has come close, but if you read his We couldn’t get cloture on the De- the Executive would have a free hand words, you will see that they were clev- fense bill today. The Democrats refused to implement any agreement the Com- er words, in my opinion, with little to give 60 votes to pass the bill that ap- mission creates without any approval meaning. propriates the funds to defend America, of Congress. Fast-track supporters have tried to but the President would be able to Well, he said he wouldn’t do that. Did temper concerns about the formation bring up this bill with a simple major- you see where people who were unlaw- of this transnational union and the ity and no ability for extended debate fully in the country were given a photo subsequent Transatlantic Trade and In- that the Senate is famous for, and ID card by the President of the United vestment Partnership, TTIP, and the there is the constitutional requirement States, were given a Social Security Trade in Services Agreement, TISA, that a treaty receives a two-thirds number, and it says on the card ‘‘work that would be approved through fast- vote. authorization,’’ when the law says if track by adding additional negotiating When you are creating an inter- you are in the country illegally you objectives via a separate Customs bill. national union, I mean, this crosses the cannot have a Social Security number. However, negotiation objectives are, line. May be someone can technically He did that. by design, not explicit or realistically say that somehow this is an agreement He made a recess appointment in bla- enforceable. They include such vague and not a treaty. I don’t know, lawyers tant violation of a definition of what a language as saying it must be the goal could perhaps disagree, but Congress recess is. It took 2 or 3 years for the of the White House ‘‘to ensure that should assert its power. Congress to take it to the Supreme trade agreements reflect and facilitate We should say: Mr. President, we Court, and in a unanimous 9-to-0 rul- the increasingly interrelated, multi- have seen you operate. We are not ing, the Supreme Court overturned it. sectoral nature of trade and invest- going to authorize you to enter into So to say the President will not push ment activity.’’ Those are the kinds of the creation of an international union his powers is naive indeed. How do you things in this language. That is not en- where you get to impose additional stop it? Do you file a lawsuit to say the forceable and has virtually no mean- powers on us without creating it President shouldn’t have agreed to the ing. One of the vague goals is ‘‘to recog- through the treaty process. Pacific Commission? Now a whole gov- nize the growing significance of the The legislation, finally, is not ernment bureaucracy is carrying out amendable, which is exceedingly un- Internet as a trading platform in inter- some global warming, some immigra- usual. national commerce.’’ What does that tion, some trade issues that Congress So without fast-track, Congress re- mean? tains all its legislative powers. Indi- opposes. Under the Ways and Means solution, Is a President capable of doing some- vidual Members retain all their proce- TPP, TTIP, and TISA would establish dural tools, and every single line of thing like that, actually carrying out broad goals for labor mobility—immi- trade text is publically available before ideas and policies that Congress gration—allowing Ways and Means to any action is taken to grease the skids doesn’t approve of. Absolutely. We say their negotiating objective, about for its final passage. I think that is the have seen it time and again. requiring or obligating certain important issue. So this is not merely a loophole, it is changes, had not been violated. And What about this union. What kind of a purposeful delegation of congres- the President would then implement powers is it that we are talking about? sional authority to the Executive and those changes through Executive ac- I am of the belief that the President to an international body. We should tion or as a result of fast-track where hasn’t been a strong advocate of trade. understand what we are doing. Not the laws have changed. His supporters, many of them oppose enough of our people have read some So, together, TPP, TTIP, and TISA— this kind of trade agreement. I am agreement and fully understand. The these three trade agreements which we coming to believe the primary part of fast-track-implementing legislation know are going to be advanced under his understanding of the importance of would have the ability to make these fast-track—represent the goal of ad- this legislation, and why he is breaking binding delegations binding as a mat- vancing the unrestricted global move- arms and heads over it, is the union, ter of law, it seems to me. Well, maybe ment of goods and people and services. this international commission that has not. It probably wouldn’t work that The European Commission—this is powers that he believes will allow him way. I don’t think it works that way. how they started, how they were to advance agendas. I don’t say that Look, that is why I wrote the Presi- formed. In explaining TISA—presum- conspiratorially. I will explain in a mo- dent and I said: Mr. President, make ably the second major trade agreement ment that clearly seems to be one of this part of the proposed TPP, the that would be submitted after the Pa- the incentives this President has to ad- Trans-Pacific Partnership public. Let’s cific agreement and we move to trade vance this legislation. have the lawyers study it. You explain in services—this is how the European In a Ways and Means House docu- to us exactly what these words mean— Commission explains what it means: ment on a new Pacific union being which he has refused to do. As a matter TISA is open to all WTO members who formed by President Obama, a com- of fact, I don’t think the American peo- want to open up trade in services. China and mittee in the House hints at some of ple have fully grasped that this is not Uruguay have asked to join the talks. The this union’s power, this international a normal trade agreement but that it is EU supports their applications— commission on trade: the creation of an international entity. The EU supports their applications If a proposed change to a trade agreement Amendments to specify Congress re- because it wants as many countries as is contemplated [by the TPP Commission] tains exclusive legislative authority possible to join the agreement.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.060 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4285 TISA, of course, is the services agree- ers impoverished, industries disappear, ports in Japan. First, Japan’s capacity for ment, and it will be worldwide. Any- and manufacturing jobs decline. And vehicle production is 13 million. Annual do- body—even China—could be admitted we have been on a steady decline in mestic sales are 4 million and exports are an- to it. And the European Union Com- manufacturing jobs. other 5 million. That leaves 4 million vehi- cles equivalent of excess capacity that con- mission specifies that this services Mr. Dan DiMicco, one of the great stitutes a heavy cost burden on the Japanese agreement, TISA, will be modeled on CEOs in America and chairman emer- automobile industry. In the face of this, nei- the General Agreement on Trade in itus of Nucor Steel, has written about ther the Japanese industry nor the Japanese Services, GATS. This provides insight these issues recently. He explains that Government will want to make life easier for into how TISA will affect U.S. immi- these deals haven’t worked as they imports. The second structural element is gration procedures. have been promised. They haven’t auto dealerships. By law U.S. dealers are When the United States became a been, he says, free-trade deals at all. independent of the automakers and are free member of the WTO in 1994, it signed Instead, they have been ‘‘unilateral to sell any brand they wish. Exporters to the United States thus find it easy to achieve on to the GATS and committed to trade disarmament,’’ where we lower national distribution of their vehicles. Not issue certain numbers of work visas our barriers to foreign imports but so in Japan where the automakers effec- each year, immigration visas. they retain their barriers to our ex- tively control the dealers. Congress’s ability to control the U.S. ports. Mr. DiMicco calls this the And that is the big automobile manu- temporary entry programs has there- ‘‘enablement of foreign mercantilism.’’ facturing companies. I don’t think any- fore been curtailed, as it would open up So consider this in the context of body will dispute that. the United States to foreign lawsuits automobiles. In May, the Wall Street The essence of what he is saying is in an international tribunal. Journal—who is a free-trade entity for that we are really not going to gain In other words, they made an agree- sure—published a news story about how market share in Japan, while they are ment on immigration visas under work the American auto sector could be going to gain market share in the ideas as part of GATS in the WTO, and jeopardized by the TPP. The Wall United States. So that is why people it violates and complicates our ability Street Journal wrote: would like to see tougher, more vig- to enforce American immigration law. In the transportation sector, led by cars, orous negotiation of trade agreements. But if we enforce the law the way it is the TPP could boost imports by an extra Then there is the issue of currency written, then we will get disciplined by $30.8 billion by 2025, compared with an ex- manipulation. The President has made the foreign body. So when we sign up ports gain to Japan of $7.8 billion, according clear that he has no intention of en- to a foreign body, we agree to rules. to a study co-written by Peter Petri, pro- forcing currency manipulation, which They say we have to do this. So it is fessor of international finance at Brandeis University. can easily dwarf the impact of tariffs. not being enforced. A former Federal Reserve Chairman, a So who wrote the law for the United I think that is exactly accurate. We number of years ago—a great Chair- States of America with regard to immi- are not going to have an increase in man—said currency manipulation can gration? Under the Constitution, it is sales of automobiles in Japan. They dwarf the impact of tariffs. By manipu- Congress, but in reality, once you join have a 4 million automobile surplus ca- lating their currency, our trading part- an international union, they have cer- pacity. They want to hire their people ners can artificially raise the price of tain powers to enforce their will over and they want to sell automobiles in our exports while lowering the price of the elected representatives, the ac- Japan by producing automobiles in their imports. This improper practice countable representatives of the people Japan, not by importing them. They has resulted in closed plants, shuttered of the United States, and some other are mercantilists in their approach. factories, and the shifting of U.S. jobs group does it. They have successfully resisted the TISA—this services agreement—will, penetration of their automobile mar- and wealth overseas. And China is a as the European Union suggests, re- ket for decades, and it is not going to huge player in that. quire the United States to make addi- happen under this agreement. It is just The middle class has shrunk 10 per- tional legislative commitments on a not. But if we reduce our little 2.5 per- centage points in the United States much larger scale. Do we understand cent tariff on automobile imports to since 1970, and real hourly wages are that? When people are voting for this America, this, on the Japanese, has lower today than they were more than trade agreement, this Pacific trade some sort of balancing effect for their four decades ago. That is hard to be- agreement, do we understand that we failure to allow their markets to be lieve. The real hourly wages are lower are opening up a mechanism for the open, and we will increase imports to than they were 40 years ago. The per- services agreement and for the Atlan- the United States. centage of men age 25 to 54 not work- tic agreement and perhaps another I am not condemning Japan. I am ing was less than 6 percent in the late commission for the Atlantic? Will just saying that is how they operate, 1960s; it has nearly tripled to 16.5 per- there be a commission set up under the and we need to understand that and be cent. The labor force participation rate TISA or TTIP bills? Do we know? Do more effective in defending American for women—the percentage of women we want to give a fast-track to grease interests. in their working years who are actu- the skids for the President to negotiate So what we hear from the promoters ally working—has fallen 3 full percent- such a thing as this? I think not. of this deal is ‘‘We believe this trade age points since 2009 alone. The preamble to the South Korea deal will increase exports.’’ Well, sure- We can’t keep doing the same thing Free Trade Agreement, for example, ly we will get some additional ability and expecting a different result. So last states that a principal goal of the to sell products abroad. Surely the month, I sent a letter to the President agreement is to ‘‘create new employ- President can honestly say: If you sign asking how he planned to use fast- ment opportunities, and improve the the agreement with South Korea, well, track authority and what it would general welfare . . . by liberalizing and we will have increased exports to mean for American workers. Those expanding trade and investment be- South Korea. And we did—$800 million questions should not have been dif- tween their territories.’’ instead of the $11 billion he promised. ficult to answer. These negotiators In announcing that agreement, Presi- So we got a little increase, but they should have been having that on the dent Obama said: got a $12 billion increase to the United front of their negotiating minds from the very beginning. Because we don’t simply want to be an States. And what did that do? That di- economy that consumes other countries’ minished manufacturing in the United They have been working on this goods. We want to be building and exporting States. agreement for years. Not one of these the goods that create jobs here in America Additionally, Clyde Prestowitz, who questions have been answered—not and that keeps the United States competi- also served as trade negotiator under one. Nor have they been answered by tive in the 21st century. President Clinton in addition to Presi- anybody promoting fast-track. They That is what he said at that time. dent Reagan, offered this warning won’t answer these questions—the So for too long the United States has about the TPP: questions about the trade pact, the entered into trade deals on the promise Two intertwined elements pose a virtually text of which remains confidential, of economic bounty, only to see work- insuperable barrier to mass market auto im- locked downstairs in a secret room.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.062 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4286 CONGRESSIONAL RECORD — SENATE June 18, 2015 This is a question I asked: Will it in- We will be talking about it in light of alter the obligations under the agree- crease or reduce the trade deficit, and the rules of a new trade agreement—a ment? The Commission is empowered by how much? new agreement that could impact 70 to then to change its rules, clearly, by the Shouldn’t we know that? Shouldn’t 75 percent of the world economy, and powers given it. Is the United States that be discussed? Shouldn’t that be we haven’t given it sufficient thought. bound by new rules that we never saw the first thing we discuss? Is this going Fast-track is an affirmative decision but are passed by the 12 nations? to help the U.S. economy? by the Congress of the United States to What if President Obama or some No. 2, will it increase or reduce man- suspend several of Congress’s most other President has an agenda, and ufacturing employment and wages, in- basic powers for the next 6 years and to they all get together and pass it? Is the cluding the auto sector, and account- delegate those powers to the Executive. United States bound by it? Does Con- ing for jobs lost to imports? A decision of this magnitude should gress have no control over it? No answer. Shouldn’t we know that? only be based upon the most thorough Well, we don’t sufficiently know. No. 3, will you make the ‘‘living debate, the most complete evidence, That is why we ought not to be fast agreement’’ section public and explain and the most compelling data provided tracking an international agreement fully the implications of the new global by proponents on the key questions at until we have had it made public and it governance authority known as the stake. A burden of proof rests on the is studied by good lawyers who under- Trans-Pacific Partnership Commis- promoters of fast-track to compel stand these things. sion? three-fifths of the Senate to agree to Is the United States bound by the Mr. President, shouldn’t you tell us give up these powers. Fast-track not new rules they have changed? Can they before we grease the skids to pass a only authorizes the President to enter add new members to the Commission? new international commission? the United States into Trans-Pacific There are provisions about how new Shouldn’t we know what it is about? Partnership but into an unlimited members should be added in the docu- Congress should just say no on this, group of agreements and partnerships ment itself. Does it say the Congress colleagues. We don’t have to advance in the future. has to vote to do that? Can China be fast-track. We ought to insist that at The President will sign these agree- admitted? least this new Commission part be ments before Congress votes on them. How about this. Can this new 12-na- fully public. We want to study it before He will then deliver implementing leg- tion body adopt environmental regula- we agree to committing this great Na- islation to Congress that overrides pre- tions or adopt liberal immigration tion to an entity that has very small vious law of the United States. This laws? We have discussed these things in nations with the same vote as we have. implementing legislation cannot be Congress. Congress has rendered opin- We asked: Will China be added to this amended, cannot be filibustered, can- ions and passed legislation and rejected Commission? not be debated more than 20 hours, and legislation. Can this Commission pass No answer. In fact, they have hinted cannot be subjected to the two-thirds things that impact and override the they could be added, and apparently treaty vote in the Senate. powers of Congress? the Commission can vote in new mem- Well, I have been analyzing and President Obama has said that cli- bers without Congress voting on it. thinking about this Commission—this mate change is one of his—actually, I That looks to me to be pretty clear, transpacific Union, it is fair to call it. think he said it is his highest—pri- from my reading of it. This goes far beyond the normal trade ority. His Trade Representative has Will you pledge, we asked further, agreement. While it appears to give been open and frank about this. The not to issue any Executive actions or some respect to our domestic law, this Trade Representative has negotiated enter into any future agreements im- respect is undermined by the difference this treaty. I am going to talk about pacting the flow of foreign workers between the trade agreement—the that in a minute. into the United States? TPP—and the implementing legisla- But some say: JEFF, you are wrong. No answer. Not one of these ques- tion. While a trade agreement alone But I don’t think I am wrong. I think tions has been answered. Yet they want may not trump U.S. law—although it the issues I raised are very real, and I us to shut off debate, limit congres- could—the implementing legislation believe the concerns I raised may in sional procedural power, and advance necessary for the trade agreement fact be what this new treaty requires. I this legislation with no amendments. I would. Indeed, the implementing legis- believe this is a plausible scenario. don’t see how anyone can say Congress lation is law. And as the last-passed But if you don’t agree, bring the is not entitled to have at least these law of the United States, it overrules thing out, lay it out, bring lawyers in questions answered. any previous laws with which it might here, bring trade people, and explain What about the American people? conflict. Then it would appear that, by every provision of it. Before I am going Shouldn’t they know before their Mem- implementing the trade agreement, the to vote to fast-track it, count that bers vote on whether it is going to im- trade agreement itself could have the down. Congress should never fast-track prove their job prospects or reduce impact of law. any agreement for any transnational their job prospects, whether a new fac- So we pass a law that says: Mr. Presi- union that has the power to bind this tory will be opened in Alabama or New dent, we agree with this treaty. Not a Nation. Hampshire or closed? So we need to treaty—they call this an agreement. Goodness gracious, every word should know about this. We agree with this agreement, Con- be studied, and all consequences under- We must know what powers this gress said, and the President imple- stood. A vote for fast-track is a vote to Commission will have, and how the ments it. Does it then become superior erase valuable procedural and sub- United States will be represented, how to any law in the United States? I stantive powers of Congress concerning the votes will be counted, how the think a good argument can be made a matter of utmost importance involv- Commission will impact immigration, that it does. We need to know that ab- ing the very sovereignty of this Nation. environment or patent law, and how solutely. Certainly, the implementing Without any doubt, the creation of Congress can deal with decisions of the law states that the Congress agrees this living Commission, with all its Commission it doesn’t like. that the United States will be bound by powers, will erode the power of the The TPP is the agreement sitting in the obligations under the trade agree- American people to directly elect or the basement room that lawmakers ment. The President signs a trade dismiss from office the people who im- can go and read. It is the first secret agreement with 12 nations, and when pact their lives. fast-track agreement that would be put we ratify that, we then say we agree. Do you remember that in England into effect. The United States is bound by these they woke up one morning and some- But the TPP is just the first of three provisions. As part of the provisions we body in the European Union in Brussels colossal agreements. There are two are bound by is a new commission—one had outlawed fox hunting? How did this more. nation, one vote. happen? They said: Well, it started just Under what rationale should we in But there is a further danger. What like this. Congress acquiesce to such profound happens if the Commission uses its liv- Well, you say: JEFF, this is an exag- changes involving the global economy? ing agreement powers—as it will—to geration. They wouldn’t use the Pacific

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.064 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4287 union to advance political agendas out- I do believe that the American people countries believe and act on. And ap- side of trade, tariffs, and those kinds of are correct to be dubious about this parently the Richmans’ conclude—an things. Well, let’s look. trade agreement. Polling data, as I un- objective study—that it is accurate. I This is an article in the American derstand it, clearly shows that it is not don’t know. But those are the kinds of Thinker, ‘‘Fast Tracking an Inter- supported by the American people. Yet things we need to be careful about. national EPA,’’ by Howard Richman, forces are at work, breaking arms and They have two scenarios they have Raymond Richman, and Jesse breaking hands and bludgeoning people laid out based on this scenario. The Richman. They are professors, I think, into acquiescence to vote for this first envisions 20 years of trade deficits all three. But this is on the Web site. thing. It cleared the House by the nar- at the rate of the trade deficit we ran This is a statement by Mr. Froman, rowest of margins. We had 62 votes in 2007. The second scenario envisions President Obama’s Trade Representa- when it passed through the Senate. balanced trade, where we don’t have a tive. He laid out environmental protec- They needed 60, and they got 62. The trade deficit. Under trade deficit, their tion as President Obama’s bottom line President was working, the Republican definition of ‘‘national power’’ declined in trade negotiations—environmental leaders were working, the chamber of 28 percent. So the national power de- protection. This is a quote from the commerce was working, Big Business clined 28 percent. Under a balanced Trade Representative: was working, money was working and trade, our national power remains basi- The United States’ position on the envi- wheeling and dealing, and pork cally stable, increasing by one-half of 1 ronment in the Trans-Pacific Partnership projects were promised, I am sure, to percent. I think balanced trade is cer- negotiations is this: Environment steward- get the votes to pass this, to put it on tainly preferable. It is certainly pref- ship is a core American value, and we will in- a fast-track skid. erable for working Americans. sist on a robust, fully enforceable environ- I am against it. I believe I am speak- Mr. President, I thank the Chair for ment chapter in the TPP or we will not come ing on behalf of the working people of your patience and allowing me to share to agreement. the United States of America. I don’t these remarks. It could be that I am If they reach an agreement on the en- believe their interests are being prop- wrong. Maybe trade deficits make no vironmental issues that Congress won’t erly considered. I am confident that if difference. Maybe the loss of manufac- pass, what happens then? The Presi- this agreement goes into effect, the turing is offset by the fact that we get dent signs off on it, votes for it, and trade deficit we have with Japan and cheaper goods. That is what some of then we will be disciplined by this with Vietnam will increase. Vietnam our people in the United States say. Commission for failure to abide by the has 100 million people. We will not be When somebody sends subsidized rules of the Commission. much different with places such as goods here and that closes the U.S. fac- His Trade Representative—I believe Canada or Australia or Mexico because tory and people can purchase their this is Mr. Froman—continues: we basically have a free-trade agree- goods for below cost, we should send Our proposals in the TPP are centered ment with them. those countries a thank-you note—no around the enforcement of environmental So it is not necessary that we create concern about the people who got laid laws. . . . some 12-nation entity, some commis- off and the jobs lost. I am not sure that Let me repeat that: sion. Why don’t we just negotiate trade model is now appropriate. Maybe it was Our proposals in the TPP are centered agreements that serve the interests of 20 years ago. around the enforcement of environmental the American people with Japan and I sort of believe that cheaper prod- laws, including those implementing multi- Vietnam and ensure exactly that they ucts was the ultimate goal and voted lateral environmental agreements (MEAs) in comply with what they say, that their that way, but I am reevaluating it. I TPP partner countries, and also around markets are open to ours, as well as think this country needs to go through trailblazing, first-ever conservation pro- posals that will raise standards across the our markets are open to theirs? And we a serious evaluation of that, No. 1. Sec- region. Furthermore, our proposals would should have some reasonable expecta- ondly, we absolutely—colleagues, we enhance international cooperation and cre- tion that if we enter into this agree- absolutely should not fast-track a ate new opportunities for public participa- ment, it will be good for American movement to the establishment of an tion in environmental governance and en- workers, not just Japanese workers or international commission or inter- forcement. workers in Vietnam. national union and maybe creating two Well, that is a powerful statement. I don’t say we shouldn’t have a trade more of them as part of two more trade So there is no doubt that this Presi- agreement. I am saying let’s be more agreements—the three trade agree- dent is intent on utilizing this agree- careful about it. Let’s negotiate some ments that will be part of fast-track if ment to drive his environmental agen- trade agreements for a change that ad- it passes. And, of course, any number da, whether the Congress or the Amer- vance the interests of the United of other trade agreements for the next ican people agree with it or not. He is States. We need to reduce our trade 6 years could be accelerated through not bringing it up to the floor of the deficits, not increase them. They are this fast-track process, if it passes. Senate, because Democrats and Repub- weakening our GDP. The deficit sub- I yield the floor. licans have no intention of passing his tracts from the current account trade Mr. President, I suggest the absence environmental agenda. I am not wor- deficit, subtracts from our gross do- of a quorum. ried. This is the President’s top nego- mestic product. It is not healthy for The PRESIDING OFFICER. The tiator on this trade agreement. America to have this kind of deficit. clerk will call the roll. Mr. Joshua Meltzer at the Brookings One of the reports that was done lays The legislative clerk proceeded to Institute said this: out the argument that power comes call the roll. As a twenty-first-century trade agreement, from this mercantilist approach. The Ms. HEITKAMP. Mr. President, I ask the Trans-Pacific Partnership Agreement Richmans’ and the American Thinker— unanimous consent that the order for (TPP) presents an important opportunity to I will quote a study, and it says this: the quorum call be rescinded. address a range of environment issues, from To see if mercantilism works— The PRESIDING OFFICER. Without illegal logging to climate change and to objection, it is so ordered. This is the exporting drive of our craft rules that strike an appropriate bal- f ance between supporting open trade and en- trading partners and competitors— suring governments can respond to pressing [the Richmans’] conducted a statistical HONORING VIETNAM VETERANS environmental issues. study of 11,623 country-year observations for AND NORTH DAKOTA’S SOLDIERS Ensuring that governments respond 186 countries from 1870 through 2007 using WHO LOST THEIR LIVES IN VIET- panel data models. The results: a strong sta- NAM to pressing environmental issues. tistically-significant correlation between Who is going to ensure? Who has the balance of trade and national power. A favor- Ms. HEITKAMP. Mr. President, I rise power to ensure that the United States able balance of trade is associated with an today to again speak about the North meets some environmental standard increase in power (national material capa- Dakotans who made the ultimate sac- somebody somewhere has set or even bilities), an unfavorable balance with a de- rifice while serving our country in the the President would like to see set? crease. Vietnam war. That is a serious matter. I don’t think This is what China believes to the Since March, I have had the honor of we should treat it lightly. core. This is what most of the Asian learning from families about the lives

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.065 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4288 CONGRESSIONAL RECORD — SENATE June 18, 2015 of their sons, brothers, husbands, fa- Rich and Myron died. Rich and Myron themselves the Carl J. Woods Memorial thers, and uncles who died during the were in a foxhole together, ran for safe- Post 25 in honor of Carl’s service and Vietnam war. ty, and were both shot in the back and his sacrifice. Before speaking about the 13 of the killed. JOEL ELLINGTON 198 North Dakota young men who Dennis Bollinger was assigned to es- Joel Ellington was from Rolette. He didn’t return home from Vietnam, I cort Rich’s body home, and his family was born January 21, 1945. He served in want to first talk about Dan Stenvold knew Rich’s family. Dennis continues the Navy. Joel was 22 years old when of Park River. Dan is a Vietnam vet- to serve our State and my community he died on June 26, 1967. eran who survived the war. of Mandan as the current city of Joel was the oldest of three boys. While a student at Sargent Central Mandan chief of police. Rich’s brother They were 3 years apart in age. At High School, Dan thought about join- Marvin says he is grateful to Rich’s Rolette High School, Joel played in the ing the military. After graduation, he squad leader who contacted him from band. Right after high school, Joel en- felt he should grow up before going to Texas and shared memories and photos listed in the Navy. After serving 2 college, and he enlisted in the Army. of Rich during his time in Vietnam. years, he returned home and worked in He was sent to Vietnam and served LARRY JACOBSON the local grocery store. three continuous tours of duty there. Larry Jacobson was from Norma. He Due to the Vietnam war draft, Joel His records count that he was in Viet- was born on March 15, 1949. He served reenlisted in hopes that his brothers, nam for 802 days. After returning home in the Army’s 1st Aviation Brigade. Dennis and Doyle, would not have to from Vietnam, Dan enrolled in college Larry was 21 years old when he died serve in Vietnam. Dennis said of Joel’s at North Dakota State School of August 26, 1970. reenlistment, ‘‘I think he did that to Science in Wahpeton so he could fulfill He was the second of six children and try to protect me; he didn’t think his dream of playing college football. grew up on his family’s farm near they’d take two brothers.’’ The combination of Dan’s time in Viet- Norma. He attended grade school in DAVID HAEGELE nam and a football knee injury made Norma and high school in Kenmare. David Haegele was from Napoleon. He Dan feel old, and he left college. He His best friend in high school, Craig was born on September 28, 1948. He then had a 33-year career with Polar Livingston, remembers Larry as a shy served in the Army’s 25th Infantry Di- Communications in Park River. person who never had an enemy. vision. David died February 28, 1969. He In 1999, the North Dakota Vietnam Larry’s older brother remembers the was 20 years old. Veterans of America voted him as their week Larry was killed in Vietnam. The He was the fifth of eight children and State president, and he has served in family had been in Fargo celebrating grew up on his family’s dairy farm. His that position for the last 16 years. For his sister’s graduation from nursing brother Tim also served our country in the last 6 years, he has served on the school. They had planned to host a the Marines. National Board of Vietnam Veterans of party at home, too, but when they ar- David’s family said that he was such America. The national president asked rived home, there were a sergeant and a kind person and a hard worker. They him to run for another 2-year term, captain waiting for them to deliver the remember his jokes and how much he and I wish Dan well in that upcoming news of Larry’s death. enjoyed playing fun pranks on people. election. This year on Memorial Day weekend, David’s letters home to his family re- Dan also serves his community as a a large memorial was dedicated at the quested three things he and his fellow member of the DAV, AMVETS, VFW, Mouse River Park honoring Renville soldiers desired most: Kool-Aid, baked and the American Legion, and he is County veterans. The memorial in- goods, and dry socks. currently in his third term as mayor of cludes Larry’s photo, images of the sol- His mother gave David’s niece the city of Park River in North Da- dier’s cross, and a helicopter like the Veronica a box she filled with David’s kota. one Larry was riding in when it was things, such as the letters he mailed Dan is proud of his three wonderful shot down and he was killed. home from Vietnam and his wallet. She children and seven grandchildren. CARL WOODS said that Veronica would know what to Agent Orange exposure education is Carl Woods was from Bottineau. He do with them. About 3 months before one of his top priorities. He has seen was born June 8, 1933. He served as a David’s mother passed away at age 95, his own family affected by the side ef- Navy pilot. Carl was 32 years old when Veronica finished David’s scrapbook, fects of Agent Orange. Dan is grateful he died on September 28, 1965. and his mother thought it was perfect. to the North Dakota State Legislature His father Monte also served our GARRY KLEIN for once again approving funding for country during World War I, and six of Garry Klein was born November 22, education and outreach related to the eight boys in Carl’s family served 1947. He served in the Marine Corps’ Agent Orange exposure. in the military. Alpha Company, 1st Battalion, 9th Ma- I thank Dan for his continuing serv- Carl was an honor student in high rines, 3rd Marine Division. Garry was ice to our country. school and college in Bottineau, where 19 years old when he died on May 27, And please, Dan, keep up your good he made the All-Conference Football 1967. work on behalf of the citizens of your team. He then chose to enlist in the He was third from the youngest of community and Vietnam veterans all Navy. He served our country as a Navy nine children. His sister Arlene said across this country. pilot for over 12 years, reaching the that Garry was an easygoing kid who RICHARD ‘‘RICH’’ BOEHM rank of lieutenant commander. was lighthearted and never caused any Richard ‘‘Rich’’ Boehm was born on While serving in the Vietnam war, trouble. She remembers the cartoons June 23, 1951. He was from Mandan. He Carl’s plane was hit by an anti-aircraft he liked to draw. served in the Army’s 198th Infantry missile. Instead of bailing out over Garry chose to enlist in the Marines Brigade. Rich died on March 26, 1971. North Vietnam, Carl maneuvered the to serve his country. When he went He was 19 years old. plane 40 miles to the Tonkin Gulf, home during Christmastime on leave, Rich was one of six children. All where he died after his parachute failed he told Arlene and her children, ‘‘I three boys served our country in the to open. won’t see you again, but you may see military—Marvin and Clarence in the The family is grateful to Carl’s me.’’ Army National Guard and Rich in the wingman for sharing with them the de- He died almost exactly 1 year after Army. tails of Carl’s service and extraor- he graduated from high school. Rich served in Vietnam with Myron dinary flight skills the day he died. RANDY LEE HANSEN Johnson from Mandaree, and they be- In addition to his brother, Carl left Randy Lee Hansen was born October came very close friends. Rich was en- behind his wife Elaine and three chil- 23, 1948. He was from South Dakota, gaged, and Myron was going to be his dren, Mark, Jennifer, and Kathryn. but he was living in Williston when he best man. Carl is buried in Arlington National enlisted. He served in the Army’s 1st Keith Nolan’s book ‘‘Sappers in the Cemetery. Signal Brigade as a field radio repairer. Wire: The Life and Death of Firebase This summer, the Bottineau Randy died on Easter Sunday, April 6, Mary Ann’’ includes details of the day AMVETS Post 25 is going to rename 1969. He was only 20 years old.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.067 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4289 Randy’s brothers, Jim and Mike, liked blue jeans and a turtleneck dom of someone who had definitely served our country in the Navy. His sweater, so Lyle asked his mom to send seen his share of the world in his 19 stepbrother, Arthur, also served in the them for him. She said she sent them years. Many of his letters included Army. as well as other things, but for packing vivid descriptions of Fred’s experiences Randy’s brother, Jim, remembers material she put popcorn in Lyle’s in Vietnam, so you could imagine Fred that Randy liked to fish. Jim believed packages. When the packages arrived, sleeping in a cemetery, using a bag of Randy had some great stories from his the soldiers would eat the stale pop- grenades for a pillow or his fellow sol- time fishing, as many fishermen do. corn because they were so happy to diers drinking Coca-Colas and using While his brothers, step-brothers, have something from home. their imaginations to create their own step-sister, and mother remained in Lyle was accidentally killed by entertainment. South Dakota, Randy attended friendly fire. Since his death, the fam- After Fred was killed in Vietnam, his Williston High School, where his father ily occasionally finds items someone casket arrived in Jamestown on the was working in Williston as a brick- leaves on Lyle’s grave. train. The same conductor who drove layer. Lyle had shipped cashmere sweaters the train the day Fred left to go to In 1966, Randy enlisted in the Army home for the family as Christmas pre- basic training was driving the train before he graduated from high school. sents in late 1969. The package arrived that delivered Fred’s body back to The product of a service-oriented fam- after his funeral in January of 1970. Jamestown. ily, Randy felt it was important that ERIC NADEAU About a year ago, one of Fred’s offi- he serve his country. Eric Nadeau was born November 12, cers, Lee Moorman, was traveling the FRED JOHNSON 1948. He was from Grand Forks and was United States visiting the graves of the Fred Johnson was born on November a member of the Turtle Mountain band soldiers he knew in Vietnam. Lee told 3, 1939. He grew up in Watford City and of Chippewa. He served in the Army’s Fred’s family that Fred liked to read Leeds. He served in the Army’s 1st Cav- 101st Airborne Division, the Screaming and was well liked by everyone. alry Division. Fred was 27 years old Eagles. Eric died May 26, 1969, just days GREGORY KRUEGER when he died on January 20, 1967. before his tour of duty was scheduled Gregory Krueger was born March 1, Fred’s wife’s name was Jacqueline, to end. He was 20 years old. 1949. He was from Garrison. He served and they had one son and three daugh- He was the eldest child of his family in the Army’s 173rd Airborne Division. ters. Their oldest child, Richard, said and had three sisters. Eric’s sisters re- Gregory died July 17, 1970. He was 21 that Fred loved to hunt and fish. Fred’s member how much he loved hunting years old. dad was a game warden and Fred would game in the Turtle Mountains before He was the oldest of three boys. His go to work with his dad sometimes. he enlisted in the Army, and they brother, Stephen, said that Gregory They would bring home injured ani- think that is part of the reason why he was hard-working, responsible, and mals and nurse them back to health. joined the Armed Forces. well-liked by everyone who knew him. Among the most memorable animals Everyone liked Eric. He had a circle Stephen remembers that Gregory loved everything to do with the farm. were a white owl, a baby skunk that of friends he grew up with, and if he He had fond memories of working with behaved like a pet cat, and a raccoon was ever in town on break from the Gregory, hauling many bales of hay on that he kept for 6 years. service, Eric and his best friend Dale Saturdays. Their brother, Fred, con- After high school, Fred joined the were inseparable. Wherever Dale was, Army. He served for 7 years before he tinues to farm that family farm today. one could find Eric, and vice versa. Gregory had a special relationship was killed in action in Vietnam on his His sister remembers a time when with a nearby farmer who trusted him second tour of duty. Eric came home and surprised their at a young age to run his farm equip- Fred’s son, Richard, remembers going mother. She and her mother were play- ment and to help on the farm. Gregory fishing with his dad often and fishing ing bingo in the local church basement. hoped to eventually take over the together the week before Fred left for When he walked into the room, every- neighbor’s farm after completing his Vietnam on his second tour of duty. thing stopped, and everyone stood up service in Vietnam. Fred’s brother, Robert, said he took and sang the National Anthem. Eric’s The Heritage Park in Garrison is cur- Fred to the airport before he returned mother was shocked and thrilled. rently in the process of adding a stone to Vietnam the last time. Fred was Eric died when his company was out- memorial in memory of Gregory’s serv- scared and didn’t know if he would be numbered and overrun. He jumped back ice and his family’s sacrifice. back again. in to save his crew members, and did Fred died shortly thereafter when his RICHARD HOVLAND save some, but was killed in the proc- Richard Hovland was from Williston, vehicle hit a landmine. ess. Eric’s sister thinks of Eric not and he was born August 12, 1946. He LYLE JOHANNES only as her brother but her hero. served in the Army’s 20th Engineer Bri- Lyle Johannes was born June 25, 1949, FRED JANSONIUS gade. Richard was 21 years old when he and spent his high school years in Fred Jansonius was born June 23, died on January 31, 1968. Kulm. He served in the Army as a radio 1948. He was from Jamestown. He He was one of four children and his operator. Lyle died January 29, 1970. He served in the Army’s 9th Infantry Divi- family and friends called him Ricky. was 20 years old. sion. Fred died February 2, 1968. He was Growing up, Richard was active in Lyle was the oldest of four children. only 19 years old. the Boy Scouts. He played baseball and His youngest sister, Sally, said that He was the oldest of four children. sang in the choir. His sister, Deanne, Lyle was a happy person who didn’t get His sister, Claire, said that Fred was a remembers his beautiful voice and him rattled by anything. He loved a good gentle soul and that his younger sib- singing country music in their living joke and had lots of friends. Sally said, lings looked up to him. In high school, room with his friend, Charles Hanson. ‘‘You’d never want to turn your back Fred was a good student and enjoyed Deanne thought she and her brother on him because you never knew what photography, golf, and tennis. After were the coolest when he would drop he might do!’’ He was a daredevil who graduation, he attended Drake Univer- her off at school in his Chevy Impala. loved motorcycles, had a number of sity and studied journalism. She looked up to Richard very much. Hondas—and crashes—over the years. One of his Drake professors told When he left for Vietnam, she was in He spent a lot of time hanging over the Fred’s class, ‘‘To be a good journalist, junior high and was in awe about what engine of a car. He would buy old cars you really need to see the world.’’ he was going to do. and fix them up. He also worked on the Fred’s draft number was high, but he Deanne said Richard was a fun-loving cars of elderly women who lived in was deferred for being in college. So he and family-oriented man who was espe- town. After high school, he attended a quit college and traveled to New York cially kind and good with their broth- technical college in Denver for me- City to see part of the world while er, Duane, who had Down Syndrome. chanics. waiting to be drafted. Richard always mentioned Duane in Lyle was glad to be in the Army serv- Claire shared some of Fred’s letters his letters he sent home from Vietnam. ing in Vietnam. He kind of ‘‘adopted’’ a he wrote home to his family, which re- After completing his service in Viet- young Vietnamese boy. The boy really vealed a talent for writing and the wis- nam, Richard had plans to go to college

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.068 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4290 CONGRESSIONAL RECORD — SENATE June 18, 2015 and become a farmer. Deanne has draw- MOTION TO CONCUR The PRESIDING OFFICER. Is there a ings that Richard made of the farm- Mr. MCCONNELL. Mr. President, I sufficient second? house he wanted to build on the land move to concur in the House amend- There appears to be a sufficient sec- he was picking out in the Williston ment to the Senate amendment to H.R. ond. area. His parents Arlene and Oscar 2146. The yeas and nays were ordered. often said Richard wanted to farm and The PRESIDING OFFICER. The AMENDMENT NO. 2063 loved the land so much that he didn’t clerk will report the motion. Mr. MCCONNELL. Mr. President, I realize his true calling was becoming The legislative clerk read as follows: have an amendment to the instructions an architect. The Senator from Kentucky [Mr. MCCON- at the desk. These are just some of the stories of NELL] moves to concur in the House amend- The PRESIDING OFFICER. The North Dakotans who sacrificed their ment to the Senate amendment to H.R. 2146. clerk will report. lives on behalf of our country in Viet- MOTION TO CONCUR WITH AMENDMENT NO. 2060 The legislative clerk read as follows: nam. Mr. MCCONNELL. Mr. President, I The Senator from Kentucky [Mr. MCCON- I have to say that every time I do move to concur in the House amend- NELL] proposes an amendment numbered 2063 this, I wonder who would they be ment to the Senate amendment to H.R. to the instructions of the motion to refer today. Would they be standing here in- 2146 with an amendment. H.R. 2146. stead of me? But I do know the men The PRESIDING OFFICER. The The amendment is as follows: and women in uniform who serve our clerk will report. In the instructions country continue to serve when they The legislative clerk read as follows: Strike ‘‘3 days’’ and insert ‘‘4 days’’ C take off the uniform. I also know our The Senator from Kentucky [Mr. MCCON- Mr. M CONNELL. I ask for the yeas country suffers a great loss any time NELL] moves to concur in the House amend- and nays on that amendment. we lose a young man or a young woman ment to the Senate amendment to H.R. 2146 The PRESIDING OFFICER. Is there a in service of our country. That loss with an amendment numbered 2060. sufficient second? must be remembered, it must be re- Mr. MCCONNELL. Mr. President, I There appears to be a sufficient sec- spected, and we can never forget. ask unanimous consent that the read- ond. In this anniversary and commemora- ing of the amendment be dispensed The yeas and nays were ordered. tion of the Vietnam war, it is so impor- with. AMENDMENT NO. 2064 TO AMENDMENT NO. 2063 tant that we spend our time talking The PRESIDING OFFICER. Without Mr. MCCONNELL. I have a second-de- about the sacrifices our country and objection, it is so ordered. gree amendment at the desk. our servicemen gave in Vietnam and The amendment is as follows: The PRESIDING OFFICER. The continue to give through the ravages of At the end add the following. clerk will report. Agent Orange—the issue Dan worked ‘‘This Act shall take effect 1 day after the The legislative clerk read as follows: so hard on. They continue to suffer the date of enactment.’’ The Senator from Kentucky [Mr. MCCON- NELL] proposes an amendment numbered 2064 post-traumatic stress that was part of Mr. MCCONNELL. I ask for the yeas to amendment No. 2063. that service, and they continue to and nays. overrepresent in the homeless popu- The PRESIDING OFFICER. Is there a The amendment is as follows: lations and populations of people who sufficient second? In the amendment Strike ‘‘4 days’’ and insert ‘‘5 days’’ continue to be troubled from the expe- There appears to be a sufficient sec- riences they suffered in Vietnam. ond. CLOTURE MOTION So today we celebrate these lives and The yeas and nays were ordered. Mr. MCCONNELL. Mr. President, I we think about who they might have have a cloture motion at the desk. AMENDMENT NO. 2061 TO AMENDMENT NO. 2060 The PRESIDING OFFICER. The clo- been. We offer a very humble and Mr. MCCONNELL. Mr. President, I grateful thank-you to all of the family ture motion having been presented have a second-degree amendment at under rule XXII, the Chair directs the members who have helped us with the desk. these memorials but who have experi- clerk to read the motion. The PRESIDING OFFICER. The The senior assistant legislative clerk enced this loss in a way we will never clerk will report. read as follows: understand. The legislative clerk read as follows: Thank you, Mr. President. CLOTURE MOTION The Senator from Kentucky [Mr. MCCON- We, the undersigned Senators, in accord- I yield the floor. NELL] proposes an amendment numbered 2061 I suggest the absence of a quorum. ance with the provisions of rule XXII of the to amendment No. 2060. Standing Rules of the Senate, do hereby The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, I move to bring to a close debate on the mo- SASSE). The clerk will call the roll. ask unanimous consent that the read- tion to concur in the House amendment to The legislative clerk proceeded to ing of the amendment be dispensed the Senate amendment to H.R. 2146, an act call the roll. with. to amend the Internal Revenue Code of 1986 Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without to allow Federal law enforcement officers, ask unanimous consent that the order firefighters, and air traffic controllers to objection, it is so ordered. make penalty-free withdrawals from govern- for the quorum call be rescinded. The amendment is as follows: The PRESIDING OFFICER. Without mental plans after age 50, and for other pur- In the amendment poses. objection, it is so ordered. Strike ‘‘1 day’’ and insert ‘‘2 days’’ Mitch McConnell, Johnny Isakson, David f MOTION TO REFER WITH AMENDMENT NO. 2062 Perdue, Chuck Grassley, Thom Tillis, Marco Rubio, Daniel Coats, John Cor- Mr. MCCONNELL. Mr. President, I DEFENDING PUBLIC SAFETY move to refer to the Committee on Fi- nyn, Michael B. Enzi, Kelly Ayotte, EMPLOYEES’ RETIREMENT ACT Orrin G. Hatch, Roger F. Wicker, Deb nance H.R. 2146 with instructions. Fischer, Rob Portman, Cory Gardner, Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Richard Burr, Roy Blunt. ask the Chair to lay before the Senate clerk will report. Mr. MCCONNELL. Mr. President, I the message to accompany H.R. 2146. The legislative clerk read as follows: ask unanimous consent that the man- The Presiding Officer laid before the The Senator from Kentucky [Mr. MCCON- datory quorum call under rule XXII be Senate the following message from the NELL] moves to refer H.R. 2146 to the Com- waived. House of Representatives: mittee on Finance with instructions being The PRESIDING OFFICER. Without amendment numbered 2062. Resolved, That the House agree to the objection, it is so ordered. amendment of the Senate to the bill (H.R. The amendment is as follows: f 2146) entitled ‘‘An Act to amend the Internal At the end add the following. Revenue Code of 1986 to allow Federal law ‘‘This Act shall take effect 3 days after the TRADE PREFERENCES EXTENSION enforcement officers, firefighters, and air date of enactment’’ ACT OF 2015 traffic controllers to make penalty-free withdrawals from governmental plans after Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I age 50, and for other purposes,’’ with an ask for the yeas and nays on that mo- ask the Chair to lay before the Senate amendment. tion. the message to accompany H.R. 1295.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.070 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4291 The Presiding Officer laid before the The yeas and nays were ordered. significant trade agenda, and it re- Senate the following message from the AMENDMENT NO. 2068 mains everybody’s goal now. That is a House of Representatives: Mr. MCCONNELL. I have an amend- point that has been proven many times Resolved, That the House agree to the ment to the instructions at the desk. over. amendment of the Senate to the title of the The PRESIDING OFFICER. The When our Democratic colleagues in- bill (H.R. 1295) entitled ‘‘An Act to amend clerk will report. sisted on tying TAA to TPA, it was dif- the Internal Revenue Code of 1986 to improve The legislative clerk read as follows: ficult for most on my side to swallow. the process for making determinations with Many in my conference opposed TAA. respect to whether organizations are exempt The Senator from Kentucky [Mr. MCCON- from taxation under section 501(c)(4) of such NELL] proposes an amendment numbered 2068 But with the larger goal in mind—and Code,’’ and that the House agree to the to the instructions of the motion to refer understanding that for my friends on amendment of the Senate to the text of the H.R. 1295. the other side, TAA has often ridden aforementioned bill, with an amendment. The amendment is as follows: alongside TPA—we put the two policies MOTION TO CONCUR WITH AMENDMENT NO. 2065 In the Instructions together. This was not an easy lift, but (Purpose: In the nature of a substitute.) Strike ‘‘2 days’’ and insert ‘‘3 days’’ in the interest of moving forward, we Mr. MCCONNELL. I move to concur Mr. MCCONNELL. I ask for the yeas compromised. in the House amendment to the Senate and nays on that amendment. The process was not easy. We had a amendment to H.R. 1295 with an The PRESIDING OFFICER. Is there a few close calls. We even worked amendment. sufficient second? through a filibuster to address our col- The PRESIDING OFFICER. The There appears to be a sufficient sec- leagues’ concerns, but all the hard clerk will report. ond. work paid off. It eventually led to a The legislative clerk read as follows: The yeas and nays were ordered. good result at the end of last month, a 62-to-37 vote in the Senate in favor of The Senator from Kentucky [Mr. MCCON- AMENDMENT NO. 2069 TO AMENDMENT NO. 2068 NELL] moves to concur in the House amend- more opportunities for American pay- Mr. MCCONNELL. I have a second-de- ment to the Senate amendment to H.R. 1295 checks, for American workers and gree amendment at the desk. with an amendment numbered 2065. farmers, and for the American econ- The PRESIDING OFFICER. The Mr. MCCONNELL. I ask unanimous omy. clerk will report. consent that the reading of the amend- The legislative clerk read as follows: Unfortunately, though, as we all ment be dispensed with. know now, that was not to be the end The PRESIDING OFFICER. Without The Senator from Kentucky [Mr. MCCON- of the Senate’s role in the process. NELL] proposes an amendment numbered 2069 objection, it is so ordered. to amendment No. 2068. That is OK. Not every plan turns out (The amendment is printed in today’s perfectly every time, but the point is The amendment is as follows: RECORD under ‘‘Text of Amendments.’’) that you don’t give up. The American Mr. MCCONNELL. I ask for the yeas In the amendment people didn’t send us here to sulk but and nays on my amendment. Strike ‘‘3 days’’ and insert ‘‘4 days’’ to work through tough problems. So The PRESIDING OFFICER. Is there a CLOTURE MOTION that is what we are going to do. sufficient second? Mr. MCCONNELL. I have a cloture Here is what it is going to take: No. There appears to be a sufficient sec- motion at the desk. 1, working together toward the shared ond. The PRESIDING OFFICER. The clo- goal of a win for the American people; The yeas and nays were ordered. ture motion having been presented No. 2, trusting each other to get there. AMENDMENT NO. 2066 TO AMENDMENT NO. 2065 under rule XXII, the Chair directs the I think we can do that. Mr. MCCONNELL. I have a second-de- clerk to read the motion. So here are the next steps. In the gree amendment at the desk. The senior assistant legislative clerk judgment of Members of both parties in The PRESIDING OFFICER. The read as follows: the House and in the Senate, our best clerk will report. CLOTURE MOTION way forward now is to consider TPA The legislative clerk read as follows: We, the undersigned Senators, in accord- and TAA separately. That means TAA The Senator from Kentucky [Mr. MCCON- ance with the provisions of rule XXII of the will come second after TPA, but the NELL] proposes an amendment numbered 2066 Standing Rules of the Senate, do hereby votes will be there to pass it—reluc- to amendment No. 2065. move to bring to a close debate on the mo- tantly, not happily, but they will be Mr. MCCONNELL. I ask unanimous tion to concur in the House amendment to the Senate amendment to H.R. 1295, an act there if it means getting something far consent that the reading of the amend- more important accomplished for the ment be dispensed with. to extend the African Growth and Oppor- tunity Act, the Generalized System of Pref- American people. The PRESIDING OFFICER. Without erences, the preferential duty treatment pro- To that end, I just filed cloture on objection, it is so ordered. gram for Haiti, and for other purposes, with the motion to concur with the House- The amendment is as follows: an amendment. passed TPA bill. I then filed cloture on At the end add the following. Mitch McConnell, Johnny Isakson, David the AGOA and preferences bill—with ‘‘This Act shall take effect 1 day after the Perdue, Chuck Grassley, Thom Tillis, date of enactment.’’ Marco Rubio, Daniel Coats, John Cor- an amendment that adds to that bill TAA. This puts the Senate on a proce- MOTION TO REFER WITH AMENDMENT NO. 2067 nyn, Michael B. Enzi, Kelly Ayotte, dural glidepath to consider and then Mr. MCCONNELL. I move to refer to Orrin G. Hatch, Roger F. Wicker, Deb the Committee on Finance H.R. 1295 Fischer, Rob Portman, Cory Gardner, pass the TPA bill, the AGOA and pref- Richard Burr, Roy Blunt. with instructions. erences bill, and TAA. So assuming ev- The PRESIDING OFFICER. The Mr. MCCONNELL. I ask unanimous eryone has a little faith and votes the clerk will report the motion. consent that the mandatory quorum same way they did just a few weeks The legislative clerk read as follows: under rule XXII be waived. ago, we will be able to get all of those bills to the President soon. The Senator from Kentucky [Mr. MCCON- The PRESIDING OFFICER. Without NELL] moves to refer H.R. 1295 to the Com- objection, it is so ordered. I know there is a fourth bill, too, the mittee on Finance with instructions being Mr. MCCONNELL. Mr. President, fol- Customs bill. Given the complex and amendment numbered 2067. lowing today’s encouraging vote over thorny procedural processes at work on The amendment is as follows: in the House, I wish to update the Sen- that bill, we will have to turn to that At the end add the following. ate on where we stand with regard to one as soon as we are able—but we will ‘‘This Act shall take effect 2 days after the trade. turn to it. It will have to go to a con- date of enactment.’’ First, a brief look back at how we got ference committee and then return to Mr. MCCONNELL. I ask for the yeas where we are today. Back in April, the the Senate floor, where it, too, will be and nays on that motion. Finance Committee came together to passed and sent to the White House. The PRESIDING OFFICER. Is there a advance four trade bills on a big bipar- I know it is hard to do, but if we step sufficient second? tisan vote. It was everyone’s goal at back a few paces and recall what we There appears to be a sufficient sec- that time to consider all of those bills were all asking for just a few weeks ond. and to begin the process of passing this ago, we should be able to take some

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.080 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4292 CONGRESSIONAL RECORD — SENATE June 18, 2015 satisfaction in all of this. It means AFTER 50 YEARS AT UK, PROFESSOR WHO can’t rehabilitate them and make them pro- that before July 4, the President will WROTE MUCH OF KENTUCKY LAW AND INVES- ductive members of society,’ ’’ said Fayette have signed TPA, TAA, and the AGOA TIGATED UK ATHLETICS IS RETIRING Family Court Judge Kathy Stein, a former and preferences bill, and we will be (By John Cheves) chairwoman of the state House Judiciary Committee. Robert Gene Lawson, who is retiring July well on our way toward enactment of a In 1974, the year Lawson’s penal code 1, wrote much of Kentucky law and taught robust Customs package. All of that to- changes took effect, Kentucky spent $11 mil- thousands of the people who practice it. gether would be quite an accomplish- lion housing about 3,000 inmates at two pris- Lawson spent 50 years as a professor at the ons. This year, the state expects to spend ment. All it is going to take is some University of Kentucky College of Law, and about $500 million to keep about 22,000 in- hard work, some faith in one another, he was dean twice. Among his students were mates in 12 prisons and dozens of county and everybody voting the same way the U.S. Senate Majority Leader Mitch McCon- jails that are paid to hold the state’s felon next time they voted the last time. nell, Gov. Steve Beshear, U.S. Reps. Andy spillover. Barr and Ed Whitfield, and most of the Ken- The General Assembly’s effort four years tucky Supreme Court. f ago to cut the inmate population—at ‘‘It’s been really interesting watching my Lawson’s urging—has fallen short ‘‘because students go on in life,’’ Lawson, 76, said Fri- they aimed too low,’’ he said. ‘‘They tin- TRIBUTE TO BOB LAWSON day, sitting in a cluttered campus office that kered; they did too little.’’ showed no sign of getting packed up any Mr. MCCONNELL. Mr. President, Some county jails are so overcrowded that time soon. ‘‘They’ve done important things today I rise to pay tribute to one of state inmates who are serving five to 10 and mostly have done them well.’’ years must sleep on the floor and seldom Kentucky’s greatest teachers, and a Lawson built an equally large reputation leave their cells, he said. There is little edu- man who has served the public good for himself outside the classroom. He au- cation or addiction treatment provided, so thored the state’s penal code for criminal of- and the law for 5 decades. My friend felons are no better off when they’re finally fenses and its rules of courtroom evidence. Professor Bob Lawson, who has taught released, and in many cases, they’re prob- He harangued the General Assembly, with law at the University of Kentucky Col- ably harder than ever, he said. lege of Law for 50 years, will be retir- what he considers limited success, for pack- ‘‘We got mad at the people who were com- ing this July 1. ing the state’s jails and prisons with the mitting criminal offenses, and we veered mentally ill and the addicted. He led inves- away from a philosophy of trying to correct Over the course of his 50 years of tigations into ethics violations at the UK teaching, Professor Lawson has become them, which originally had been the thrust Athletics Department, which didn’t win him of our justice system,’’ Lawson said. ‘‘We one of the most respected lawyers and many friends, and into the nightmarish Bev- jacked up the penalties on everything. As a teachers in the Commonwealth. He is erly Hills Supper Club fire in 1977 that killed result, we’ve created this huge problem of also well known and admired for his 165 people in northern Kentucky. trying to pay for all of this. We’re just mak- work outside the classroom as the au- ‘‘He was Kentucky law,’’ said Allison ing things worse for ourselves than they thor of much of the Commonwealth’s Connelly, a onetime Lawson student who were.’’ later joined him on the law school faculty. One of Lawson’s other crusades over the penal code for criminal offenses and its ‘‘He has done so much, when you look at his rules of courtroom evidence. years was trying to be a watchdog of UK’s lu- lifetime of work, to make Kentucky a better crative and popular sports programs. At the Professor Lawson was born in a small place.’’ request of various UK presidents, he led in- town in southwestern West Virginia, The son of a coal miner, Lawson was born vestigations into possible ethics violations, not far from the Kentucky border, in a in 1938 in a tiny Logan County, W.Va., com- including cases that brought about the de- coal community. Encouraged by his fa- munity almost entirely owned by Island partures of basketball coach Eddie Sutton in Creek Coal Co. His father urged him to es- ther to get an education and escape life 1989 and athletics director Larry Ivy in 2002. cape the coal camp through an education. He In 2002, as a member of the UK Athletics in the coal camps, he attended Berea worked his way through tuition-free Berea College in Kentucky and then earned Administration’s board of directors, Lawson College and then earned a law degree at UK cast the sole dissenting vote against hiring his law degree at UK in 1963. in 1963. Mitch Barnhart as athletics director. In 1965, he was asked to teach law at After two years of practicing law, which he Lawson said he didn’t object to Barnhart, UK, which he has done ever since. His enjoyed, Lawson accepted an invitation in but the $375,000-a-year salary was ‘‘ridicu- specialty is Kentucky criminal law and 1965 to teach at UK. lous’’ compared to the more modest sums ‘‘I never thought I’d stay here,’’ he said. ‘‘I paid to other UK faculty and staff. (Barnhart evidence law. In the 1970s, he worked thought I’d try teaching for a little bit, see with the State legislature to rewrite remains in the job and now makes $600,000 a what it was like, and get back into my law year.) Kentucky’s penal code, which was in practice. But it was a wonderful experience Over the past 50 years, the UK Athletics need of an overhaul. from day one—for one thing: being around Department evolved into its own universe I would point out that of Professor all of these bright young people.’’ with its own rules, Lawson said. Lawson’s thousands of students, I was Lawson’s specialty is Kentucky criminal ‘‘They have become an independent entity, one of them. Bob Lawson was one of law and evidence law. He wrote the books on separate from the rest of the university, those subjects, books that occupy the which is a problem,’’ he said. ‘‘Their budget my favorite professors, and I still re- shelves of law libraries and judicial cham- call his teachings today. I am also is their budget. The athletics department re- bers. In the 1970s, he worked with the legisla- gards the money that comes in for athletics proud to call him a friend over the ture to rewrite the state’s penal code, which as their money, not the university’s money. years. UK has greatly benefitted from was hugely disorganized at the time. ‘‘We ‘‘And I guess I have felt, watching it having him as a member of the faculty had never reformed our criminal laws in through the years, that they sort of lost for all this time, and he will be sorely Kentucky, so you had offenses that had been what I would consider to be a reasonable missed. added one by one over a period of, what, 150 connection of these students to the univer- years, 180 years, and a lot of inconsistency in I want to thank Professor Bob sity as compared to athletics. Let me just how these offenses were treated,’’ he said. give you an example. When I first came here, Lawson for his five decades of service To Lawson’s frustration, within a decade the basketball season was 20 games. It’s now to the University of Kentucky and to of his penal code work, the national ‘‘war on 40. I have my doubts about how they can be the Commonwealth. For 50 years he led drugs’’ and concern over urban violence led a legitimate college student when they’ve Kentucky’s brightest young minds into politicians in Kentucky and elsewhere to got that problem.’’ the legal profession, and his many enact much tougher sentencing laws. Lawson said he also regrets the explosion thousands of students serve as a fitting It’s one thing to imprison a murderer for in tuition costs at UK and other state uni- tribute to his legacy. I wish him all the decades, but these new laws put even minor versities around the nation, largely because criminals behind bars for long stretches, best as he retires from UK and begins a of shrinking public support from state gov- Lawson said. For example: In dozens of Ken- ernments. The next UK budget will get just new stage in life. tucky cases Lawson researched, people were eight percent of its revenue from state ap- The Lexington Herald-Leader pub- convicted of the felony of ‘‘drug trafficking propriations, the smallest share ever. lished an article detailing Professor within 1,000 yards of a school’’ after police ‘‘I think everyone who is 50 years old and Lawson’s life and career. I ask unani- caught them with a small personal stash of older—including me—ought to be ashamed of mous consent that the article be print- drugs in their homes or cars several blocks themselves for what we’re doing to our from a school. young people, making an education all but ed in the RECORD. ‘‘Bob Lawson’s philosophy was always, unaffordable,’’ he said. There being no objection, the mate- ‘You lock up the people who genuinely scare ‘‘When Mitch McConnell and Steve rial was ordered to be printed in the you because they’re dangerous, they’re vio- Beshear were in my classroom, I doubt they RECORD, as follows: lent, and for the other people, you see if you paid much more than $100 a semester for

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.087 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4293 their tuition. They went to school almost no way to effectively combat terrorism tecting our coasts from smugglers and without any cost, substantially free,’’ and related insecurity. drug traffickers; Customs and Border Lawson said. ‘‘A resident law student next Support for a strong and flourishing Patrol; the Drug Enforcement Admin- year will pay between $21,000 and $22,000 in independent civil society is a critical istration; Immigration and Customs tuition. You can’t work your way through school at that level. I have students grad- part of any pluralistic society, but we Enforcement—all standing sentry to uating with $100,000 or more in loan debts are seeing the reverse in Egypt. As the protect America. Yet none are funded that will affect them for the rest of their ranking member of the Appropriations by the Department of Defense. lives. Shame on us.’’ Subcommittee on the Department of Nation states and organized crime f State and Foreign Operations which are infiltrating our cyber networks, provides assistance for Egypt, I am dis- EGYPT and we need the Department of Home- mayed by the al-Sisi government’s re- land Security, the FBI, and the Na- Mr. LEAHY. Mr. President, last week jection of basic freedoms, whether it is tional Institute of Standards and Tech- Egyptian government investigators the right to express oneself or the right nology to help us protect dot-com and working on behalf of a judge who is to assemble. Such repressive tactics dot-gov. Those key cyber warriors are overseeing a 4-year-old case against are not likely to contribute to greater not funded by the Department of De- international and Egyptian nongovern- security or stability in Egypt—instead fense. mental organizations, NGOs, visited they are likely to do just the opposite. Finally, we need troops ready for the main office of the Cairo Institute f duty. Sadly, only one in four recruits for Human Rights Studies, or CIHRS, can pass muster, many for lack of edu- and asked for registration and finan- VOTES ON NATIONAL DEFENSE AUTHORIZATION ACT AND MO- cation or lack of physical fitness. We cial documents. The investigators re- need great schools turning out great portedly tried to pass off an informal TION TO PROCEED TO DEFENSE APPROPRIATIONS ACT graduates ready to work. We need search warrant as legal cover, but childhood nutrition to feed them CIHRS staff made clear they couldn’t Ms. MIKULSKI. Mr. President, I rise healthy meals that build healthy bod- search the office without an official today to commend the honorable men ies. But education and nutrition are one. The investigators left, but their and women in Maryland—including the not funded by the Department of De- message was clear: a new crackdown is 28,939 men and women on Active Duty, fense. on the way. the 6,223 in the National Guard, our Re- In order make the Department of De- According to information I have re- servists, and our civilian employees fense successful, we need to stop ceived, CIHRS is the second organiza- and contractors—who are serving our hollowing out America. This means tion to receive such a visit this year. Nation. making sure our other agencies have The same investigators previously vis- When I go around the State to bases the resources necessary to meet na- ited another organization, the Egyp- such as Walter Reed National Military tional security needs at home and tian Democratic Academy, and looked Medical Center, Fort Meade, Fort abroad. into their activities and funding Detrick, the U.S. Naval Academy, and sources. Four members of the academy others, I see the people who put their However, the Republican Budget uses have since been banned from leaving lives on the line every day to defend two sets of rules—first, pretend funding Egypt. America. for basic, essential military oper- Some Senators may remember this I support you. I am fighting to make ations—things that are supposed to be case: it is the same one that led to the sure you and your families have the re- in the base budget—taken from the conviction of 43 foreign and Egyptian sources you need, from equipment, to Overseas Contingency Operations, OCO, NGO workers, including 16 Americans, training, to fresh, healthy food at our account that was created for funding in 2013. The fact that the Egyptian au- commissaries. That is why today I wars. This gimmick allows $38 billion thorities have decided to resuscitate voted against the final passage of the of extra defense spending by evading this old case against these NGOs shows National Defense Authorization Act the budget caps. The second rule the that President Abdel Fattah al-Sisi’s and the motion to proceed to the De- Republicans are using is saying: We are administration is confident that it can fense appropriations bill. My vote was going to apply the sequester budget silence critical voices with little inter- not a vote against our national de- constraints to the rest of the Federal national objection. fense; it was a vote for our national de- agencies. That is not acceptable, but Since the 2011 revolution, the govern- fense. It was a vote to end sequester we can fix it. ment has made several efforts to re- and a vote for military readiness. We need to end sequester for defense, place a harsh 2002 law on associations— How will voting against a funding without gimmicks, and we need to end unevenly implemented under former bill help end sequester? Because it sequester for the rest of our agencies. President Hosni Mubarak—with even brings us to the table now—in June—to We need to make sure defense has the more draconian regulations, including agree on how we are going to fund the right resources, but we also need to a draft law that would have given the vital programs that we all agree are make sure that the other agencies that government and security agencies ef- necessary to protect our Nation. Not in protect our country and make it great fective veto power over NGO boards of September. Not in November. Not when and are not included in the Defense bill directors, foreign funding, and very ex- another funding deadline looms or have the resources they need too. istence. Although a new law has yet to when there is a clock ticking until the Today, I voted no to moving to the De- be passed, the authorities have pre- government shuts down. We are going fense appropriations bill, but that no is viously raided or detained staff from to address this now, so the Senate can meant to speed up the process of get- respected organizations such as the do its job to support our troops, our ting a better outcome for our troops Hisham Mubarak Law Center, Human military families, our veterans, and and our country. Rights Watch, Amnesty International, our national security. Many of my colleagues fail to men- and the Egyptian Center for Economic National security is more than the tion that we in Congress can go and Social Rights. Department of Defense. We need diplo- through these motions: We can pass I am deeply concerned with the rein- macy around the world to prevent con- funding bills, go to conference, and vigoration of this 4-year-old case and flicts when we can and end them once send them to the President’s desk. But the message it sends about Cairo’s in- started. So we need our State Depart- that will do no good if the President tent to restrict independent NGOs. I ment. We need embassy security to vetoes these bills, which he has said he am similarly concerned with recent keep our Foreign Service safe—and will do if they include budget gim- press reports alleging that the authori- that is not funded by the Department micks. ties have disappeared a significant of Defense. I hope that after having this vote, number of young people, some of whom Our law enforcement agencies here at our leadership will sit down and nego- later died, in a coordinated campaign, home also protect our national secu- tiate a new budget deal, now in June. activists say, to silence dissent. Such rity. The FBI, tracking down ‘‘lone We need to have a real solution for the actions, if true, are deplorable and are wolf’’ terrorists; the Coast Guard, pro- budget constraints that impact all of

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.078 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4294 CONGRESSIONAL RECORD — SENATE June 18, 2015 our Federal agencies, so that our Na- will result in mutual growth and ben- the establishment of its board of trust- tion can be protected and the govern- efit both our countries. ees, the institution opened its doors to ment can serve the people. That is f the first class in its history on Sep- what the people deserve. tember 17, 1866. Lincoln Institute TRIBUTE TO SISTER MARGARITA moved to its current campus in 1871, f BREWER where it would eventually gain land- RECOGNIZING THE SIXTH BIEN- Mr. PORTMAN. Mr. President, today grant university status under the Sec- NIAL JAMAICAN DIASPORA CON- I wish to recognize a 2015 Northern ond Morrill Act of 1890. FERENCE Kentucky University Lincoln Award Since then, Lincoln University, Mr. COONS. Mr. President, today, I recipient, my friend and a community which changed its name from the Lin- want to take a moment to recognize leader, Sister Margarita M. Brewer. coln Institute in 1921, has continued to the important relationship between the Sister Margarita has dedicated her provide a wide variety of educational United States and Jamaica and the life to serving the Latino community specializations with over 50 bachelor’s role Jamaican Americans play in pro- in Greater Cincinnati. Originally from degree programs along with master’s moting trade and development between Panama, Sister Margarita has taken an degree programs in education, busi- our two nations. active role in programs assisting the ness, and the social sciences. Outside of The United States has a robust and underserved in her local community as its well-known, grant-funded research important relationship with Jamaica. well as in Central America. programs, Lincoln has also distin- President Obama’s trip to Jamaica in Sister Margarita founded the English guished itself with its popular nursing April 2015 illustrated that we see Ja- Language Learning—ELL—Founda- program and state-of-the-art aqua- maica as a key regional leader and that tion, Inc., in 2003 and continues to culture facilities. we have a strong interest in strength- serve as its president, working with Lincoln University is an outstanding ening our bilateral security relation- Cincinnati public schools to help and diverse educational institution ship with Jamaica. English language learners become suc- that continues to impact future gen- The United States is Jamaica’s lead- cessful in their academic lives while erations by looking forward without ing partner in trade, chief source of fostering their cultural identities. ever forgetting its roots. I congratulate foreign direct investment, FDI, and I had the privilege of being one of Lincoln University on more than a cen- home to the largest Jamaican diaspora Sister Margarita’s ELL tutors while tury of successes.∑ in the world. The more than 1 million serving in the House of Representa- f Jamaicans in the United States make tives. I had to stop tutoring when I was crucial contributions to the Jamaican appointed U.S. Trade Representative, RECOGNIZING THE CARSON CITY economy through remittances and sup- but during my time as a tutor, I had CHAMBER OF COMMERCE’S 70TH port for friends and family still in Ja- the chance to see her good work in ac- ANNIVERSARY maica. Proud Jamaicans like Dela- tion. More recently, my wife Jane has ∑ Mr. HELLER. Mr. President, today, I ware’s Lorraine Badley connect busi- worked as an ELL tutor and shares my wish to recognize the 70th anniversary ness leaders with opportunities for in- admiration for Sister Margarita and of the Carson City Chamber of Com- vestment and trade, host ministers and her service. Jane was honored to re- merce, an important entity to North- other Jamaican officials, and strength- ceive the English Language Learning ern Nevada. I am proud to honor this en community connections in both Foundation Tutor of the Year Award in chamber that gives so much support to countries. 2014. local businesses and continues to fight From Bob Marley, who first emi- In collaboration with Latino Pro- to grow the capital city’s economy and grated from Jamaica to my home grams and Services’ English Language job market. State, to former NBA basketball player Learners Program at Northern Ken- Growing up in Carson City and spend- Patrick Ewing and former Secretary of tucky University, she also helped de- ing a lot of time working in my dad’s State Collin Powell, first- and second- velop NKY’s Fun with Science Camp, automotive shop, I learned the impor- generation Jamaican Americans have exposing students to all fields of tance of a day’s work and what it took made significant and lasting contribu- science through hands-on learning ac- for my father to keep his business. No tions to our economy, sports, art, and tivities. doubt, Carson City’s businesses—small political system. Additionally, Sister Margarita has and large—play an important role in The Jamaican Government recog- been involved with the Crossroad our State’s growth. nizes the critical role Jamaicans living Health Center, Family Service of Cin- It is through the hard work of the abroad play in Jamaica’s economic ad- cinnati, and Christian Community Carson City Chamber of Commerce vancement, and this week they are Health Services. that the business community continues hosting the Sixth Biennial Jamaica Di- I join the community in congratu- to strive and maintain a high quality aspora Conference in Montego Bay. The lating Sister Margarita, who has served of life for Carson City residents. Even conference brings together members of the people of Greater Cincinnati and when Nevada’s economy took a dif- the Jamaican diaspora from the United Ohio with distinction. ficult turn, the Carson City Chamber of States, United Kingdom, Canada, and f Commerce was there every step of the other countries to build connections way to lift local businesses back up. It and boost diaspora investment in the ADDITIONAL STATEMENTS helped owners adapt to an adverse eco- Jamaican economy. I would like to ∑ Mr. BLUNT. Mr. President, I wish to nomic climate through innovation, cre- commend the Jamaican Government honor Lincoln University of Jefferson ativity, and ingenuity. To say this for their efforts to diversify their econ- City, MO, on the 125th anniversary of chamber has had a positive impact on omy and become a regional leader in the signing of the Second Morrill Act Northern Nevada would be an under- trade and investment. of 1890, which provided Lincoln Univer- statement. The strong foundation it The Diaspora Conference taking sity and many other historically Black has built will be felt for years to come. place this week will leverage that sup- colleges and universities with land- Aside from helping local businesses port into targeted investments to grow grant institution status. Lincoln Uni- expand and thrive, the Carson City Jamaica’s infrastructure, ports, and lo- versity has provided student-centered, Chamber of Commerce also offers Car- gistics capacity to make it the central post secondary education opportunities son City’s entrepreneurs networking hub for the transport of goods between to countless students from a variety of opportunities, social functions, and Latin America and the United States. backgrounds for more than a century. educational programs. It is highly in- As the Jamaica Diaspora Conference On January 14, 1866, Lincoln Univer- volved throughout the community, draws to a close, the United States sity, at the time called the Lincoln In- gathering volunteers to clean and re- looks forward to seeing new partner- stitute, was founded by soldiers and of- vamp areas across the city, as well as ships between the Jamaicans and the ficers of the 62nd United States Colored supporting the sheriff and district at- Jamaican diaspora emerge to further Infantry, following their service in the torney’s offices. The chamber has 11 di- an economic development agenda that Civil War. After its incorporation and rectors and 5 committee executives, all

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.057 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4295 dedicated to making Nevada’s capital tired from the U.S. Army nearly 4 jobs and advancing economic oppor- the best it can be. I am thankful for years ago and earned a degree in envi- tunity in East Louisiana.∑ their leadership and for the great ronmental science from American Mili- f things they are doing for businesses in tary University. He now works for a MESSAGES FROM THE HOUSE Northern Nevada. mining company and the local youth For the past 70 years, the Carson City football league. At 11:51 a.m., a message from the Chamber of Commerce has dem- Throughout his tenure, Mr. Wright House of Representatives, delivered by onstrated professionalism, commit- demonstrated professionalism, com- Mrs. Cole, one of its reading clerks, an- ment to excellence, and true dedication mitment to excellence, and dedication nounced that the House has passed the to Nevada. Without the hard work of to the highest standards of the U.S. following bills, in which it requests the those who have served this chamber, Army. I am both humbled and honored concurrence of the Senate: Carson City would not have developed by his service and am proud to call him H.R. 2505. An act to amend title XVIII of to be the city it is today. I ask my col- a fellow Nevadan. Today, I ask my col- the Social Security Act to require the an- leagues to join me in honoring the Car- leagues to join me in congratulating nual reporting of data on enrollment in Medicare Advantage plans. son City Chamber of Commerce on its Mr. Jon Wright on his much-deserved H.R. 2507. An act to amend title XVIII of 70th anniversary and in thanking it for accolade and wish him well in all of his the Social Security Act to establish an an- all it does to press on and find ways to future endeavors.∑ nual rulemaking schedule for payment rates unleash the Nevada comeback.∑ f under Medicare Advantage. f H.R. 2570. An act to amend title XVIII of RECOGNIZING DELTA FUEL the Social Security Act with respect to the CONGRATULATING SERGEANT JON ∑ Mr. VITTER. Mr. President, small treatment of patient encounters in ambula- WRIGHT, RETIRED businesses are often vital in driving tory surgical centers in determining mean- ∑ Mr. HELLER. Mr. President, today, I rural economies. The success of these ingful EHR use, establish a demonstration entities provides crucial job creation program requiring the utilization of Value- wish to congratulate SGT Jon Wright, Based Insurance Design to demonstrate that Retired, on receiving a Bronze Star and economic opportunity—especially reducing the copayments or coinsurance with V-Device for valor, honoring his among low-income and minority popu- charged to Medicare beneficiaries for se- heroic actions while serving this great lations. This week I am proud to recog- lected high-value prescription medications Nation. It gives me great pleasure to nize Delta Fuel of Ferriday, LA, as and clinical services can increase their utili- recognize Mr. Wright for both his brav- Small Business of the Week. zation and ultimately improve clinical out- ery and his accomplishments during In 1977, a small bulk fuel distributor comes and lower health care expenditures, his time with the U.S. Army. serving ranchers and farmers was and for other purposes. founded in the heart of the Louisiana H.R. 2582. An act to amend title XVIII of On March 24, 2010, Mr. Wright, who the Social Security Act to delay the author- was serving in Afghanistan, led and and Mississippi Delta region. Today, ity to terminate Medicare Advantage con- acted as security for a squad of engi- Delta Fuel has grown to employ over 65 tracts for MA plans failing to achieve min- neers and explosive ordnance disposal workers between their eight oper- imum quality ratings, to make improve- team members working to diminish ations—7 in Louisiana and 1 in Mis- ments to the Medicare Adjustment risk ad- improvised explosive devices, IEDs. sissippi—serving a cross-section of the justment system, and for other purposes. Soldiers from Wright’s squad noticed agriculture, construction, aviation, At 1:23 p.m., a message from the three bystanders, one of whom threw a marine, government, manufacturing, House of Representatives, delivered by grenade, landing between Mr. Wright automotive, emergency response, and Mr. Novotny, one of its reading clerks, and another sergeant. Mr. Wright trucking industries with a variety of announced that the House agrees to quickly responded by picking up the fuels, lubes, tanks, trailers, oil sta- the amendment of the Senate to the grenade and throwing it away from his tions, and lube equipment. In a State bill (H.R. 2146) to amend the Internal group, ultimately saving the lives of known for its robust energy and nat- Revenue Code of 1986 to allow Federal those around him. His lifesaving ac- ural resource industries, Delta Fuel’s law enforcement officers, firefighters, tions were heroic and selfless and re- reputation for dependability, reli- and air traffic controllers to make pen- main invaluable to this country. ability, and exceptional service stand- alty-free withdrawals from govern- I extend my deepest gratitude to Mr. ards has helped it become one of the mental plans after age 50, and for other Wright for his courageous contribu- fastest growing distributors in the purposes, with an amendment, in which tions to the United States of America southeast. it requests the concurrence of the Sen- and to freedom-loving nations around In rural east Louisiana, Clint Vegas, ate. the world. His service to his country president of Delta Fuel, has led the and his bravery earn him a place company to exponential growth, earn- f among the outstanding men and ing the company numerous recogni- MEASURES REFERRED women who have valiantly defended tions as one of the most successful His- The following bills were read the first our nation. panic-owned businesses in the United and the second times by unanimous His commitment to helping those States. Vegas’ business skills have led consent, and referred as indicated: around him, as well as serving the to crucial job creation for the region. H.R. 2505. An act to amend title XVIII of country, demonstrates his unwavering Delta Fuel’s success can be attributed the Social Security Act to require the an- selfless character. His actions rep- in part to their being located in a His- nual reporting of data on enrollment in resent only the greatest of Nevada’s torically Underutilized Business Zone, Medicare Advantage plans; to the Committee values, including a sense of community or HUBZone. The Small Business Ad- on Finance. and an obligation to help others. ministration’s HUBZone program was H.R. 2507. An act to amend title XVIII of As a member of the Senate Veterans’ created to spur economic activity in the Social Security Act to establish an an- Affairs Committee, I recognize that economically disadvantaged areas— nual rulemaking schedule for payment rates Congress has a responsibility not only helping small businesses in urban and under Medicare Advantage; to the Com- mittee on Finance. to honor these brave individuals who rural communities gain preferential H.R. 2570. An act to amend title XVIII of serve our Nation but also to ensure access to government contracting op- the Social Security Act with respect to the they are cared for when they return portunities. By using the resources at treatment of patient encounters in ambula- home. I remain committed to uphold- hand, including the HUBZone program, tory surgical centers in determining mean- ing this promise for our veterans and Delta Fuel has been able to expand, re- ingful EHR use, establish a demonstration servicemembers in Nevada and sulting in the addition of numerous program requiring the utilization of Value- throughout the Nation. Mr. Wright’s jobs and service centers throughout the Based Insurance Design to demonstrate that reducing the copayments or coinsurance sacrifice warrants only the greatest re- rural east Louisiana region. charged to Medicare beneficiaries for se- spect and care in return. Congratulations again to Delta Fuel lected high-value prescription medications Mr. Wright continues to serve his for being selected as Small Business of and clinical services can increase their utili- community and now lives in Lovelock the Week. Thank you for your contin- zation and ultimately improve clinical out- with his wife and three children. He re- ued commitment to creating quality comes and lower health care expenditures

VerDate Sep 11 2014 06:14 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.028 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4296 CONGRESSIONAL RECORD — SENATE June 18, 2015 and for other purposes; to the Committee on received by the Senate and appeared in the Army nominations beginning with Robert Finance. Congressional Record on April 13, 2015. B. Allman III and ending with Edward J. H.R. 2582. An act to amend title XVII of Navy nomination of Capt. Michael W. Yurus, which nominations were received by the Social Security Act to delay the author- Zarkowski, to be Rear Admiral (lower half). the Senate and appeared in the Congres- ity to terminate Medicare Advantage con- Navy nomination of Capt. David G. sional Record on May 14, 2015. tracts for MA plans failing to achieve min- Manero, to be Rear Admiral (lower half). Army nominations beginning with Lyde C. imum quality ratings, to make improve- Navy nomination of Capt. Paul Pearigen, Andrews and ending with D012582, which ments to the Medicare Adjustment risk ad- to be Rear Admiral (lower half). nominations were received by the Senate and justment system, and for other purposes; to Navy nomination of Capt. Anne M. Swap, appeared in the Congressional Record on the Committee on Finance. to be Rear Admiral (lower half). May 14, 2015. Navy nomination of Capt. Peter G. Army nomination of Elizabeth M. Libao, to f Stamatopoulos, to be Rear Admiral (lower be Major. REPORTS OF COMMITTEES half). Army nomination of John J. Morris, to be Navy nomination of Capt. John W. Korka, Colonel. The following reports of committees to be Rear Admiral (lower half). Army nomination of Christopher A. were submitted: Air Force nomination of Col. Paul E. Wodarz, to be Colonel. By Mr. INHOFE, from the Committee on Bauman, to be Brigadier General. Army nomination of Karen M. Wrancher, Environment and Public Works: Army nominations beginning with Colonel to be Colonel. Report to accompany S. 697, a bill to Antonio A. Aguto, Jr. and ending with Colo- Army nomination of Susan R. Cloft, to be amend the Toxic Substances Control Act to nel Daniel R. Walrath, which nominations Colonel. reauthorize and modernize that Act, and for were received by the Senate and appeared in Marine Corps nominations beginning with other purposes (Rept. No. 114–67). the Congressional Record on May 14, 2015. Robert A. Petersen and ending with Gene C. By Mr. HOEVEN, from the Committee on Army nomination of Col. William W. Way, Wynne, which nominations were received by Appropriations, without amendment: to be Brigadier General. the Senate and appeared in the Congres- S. 1619. An original bill making appropria- Army nominations beginning with Brig. sional Record on June 2, 2015. tions for the Department of Homeland Secu- Gen. Michael K. Hanifan and ending with Navy nominations beginning with Ian D. rity for the fiscal year ending September 30, Brig. Gen. Daniel M. Krumrei, which nomi- Branum and ending with Bryan P. Hyde, 2016, and for other purposes (Rept. No. 114– nations were received by the Senate and ap- which nominations were received by the Sen- 68). peared in the Congressional Record on May ate and appeared in the Congressional By Mr. CORKER, from the Committee on 19, 2015. Record on April 20, 2015. Foreign Relations, without amendment: Army nominations beginning with Colonel Navy nominations beginning with Josue M. S. 1635. An original bill to authorize the Hugh T. Corbett and ending with Colonel Bellinger and ending with Donald E. Department of State for fiscal year 2016, and Gervasio Ortiz Lopez, which nominations Meserve, which nominations were received for other purposes. were received by the Senate and appeared in by the Senate and appeared in the Congres- the Congressional Record on May 19, 2015. sional Record on April 20, 2015. f Army nomination of Lt. Gen. William C. Navy nominations beginning with George Mayville, Jr., to be Lieutenant General. J. Eberly III and ending with David EXECUTIVE REPORTS OF Marine Corps nominations beginning with Garlinghouse, which nominations were re- COMMITTEE Colonel Michael S. Cederholm and ending ceived by the Senate and appeared in the The following executive reports of with Colonel Rick A. Uribe, which nomina- Congressional Record on April 20, 2015. nominations were submitted: tions were received by the Senate and ap- Navy nomination of Gregory K. Emery, to peared in the Congressional Record on May be Captain. By Mr. MCCAIN for the Committee on 19, 2015. Navy nominations beginning with Daniel Armed Services. Army nomination of Col. Clifford B. Chick, B. Copeland and ending with George W. Navy nominations beginning with Rear to be Brigadier General. Laskey, which nominations were received by Adm. (lh) Lawrence B. Jackson and ending Air Force nomination of Lt. Gen. John W. the Senate and appeared in the Congres- with Rear Adm. (lh) Luke M. McCollum, Hesterman III, to be Lieutenant General. sional Record on April 20, 2015. which nominations were received by the Sen- Army nomination of Col. Leela J. Gray, to Navy nominations beginning with Scott W. ate and appeared in the Congressional be Brigadier General. Arnold and ending with Kurt J. Zahnen, Record on February 12, 2015. Army nomination of Brig. Gen. Donald B. which nominations were received by the Sen- Navy nomination of Rear Adm. (lh) Chris- Tatum, to be Major General. ate and appeared in the Congressional tina M. Alvarado, to be Rear Admiral. Army nomination of Brig. Gen. Timothy E. Record on April 20, 2015. Navy nomination of Capt. Katherine A. Gowen, to be Major General . Navy nominations beginning with Chris- McCabe, to be Rear Admiral (lower half). Navy nomination of Vice Adm. William A. topher P. Brown and ending with Van T. Navy nomination of Capt. Grafton D. Brown, to be Vice Admiral. Wennen, which nominations were received by Chase, Jr., to be Rear Admiral (lower half). Army nomination of Maj. Gen. Ronald F. the Senate and appeared in the Congres- Navy nomination of Capt. Daniel V. Lewis, to be Lieutenant General. sional Record on April 20, 2015. MacInnis, to be Rear Admiral (lower half). Army nomination of Lt. Gen. Robert B. Navy nominations beginning with Sabrina Navy nominations beginning with Captain Abrams, to be General. J. Bobkowski and ending with Diane C. Alan D. Beal and ending with Captain An- Marine Corps nomination of Col. John G. Leblanc, which nominations were received drew C. Lennon, which nominations were re- Baker, to be Brigadier General. by the Senate and appeared in the Congres- ceived by the Senate and appeared in the Mr. MCCAIN. Mr. President, for the sional Record on April 20, 2015. Congressional Record on February 12, 2015. Committee on Armed Services I report Navy nominations beginning with Kevin R. Navy nominations beginning with Rear Boardman and ending with Sean P. Mcdon- Adm. (lh) Brian K. Antonio and ending with favorably the following nomination ald, which nominations were received by the Rear Adm. (lh) Mark R. Whitney, which lists which were printed in the Senate and appeared in the Congressional nominations were received by the Senate and RECORDS on the dates indicated, and Record on April 20, 2015. appeared in the Congressional Record on ask unanimous consent, to save the ex- Navy nomination of Carl O. Pistole, to be March 10, 2015. pense of reprinting on the Executive Captain. Navy nomination of Rear Adm. (lh) Paul A. Calendar that these nominations lie at Navy nomination of Jon E. Rugg, to be Sohl, to be Rear Admiral. the Secretary’s desk for the informa- Captain. Navy nominations beginning with Rear tion of Senators. Navy nominations beginning with Victor Adm. (lh) Nancy A. Norton and ending with S. Chen and ending with Elizabeth A. Rear Adm. (lh) Robert D. Sharp, which nomi- The PRESIDING OFFICER. Without Zimmermannyoung, which nominations were nations were received by the Senate and ap- objection, it is so ordered. received by the Senate and appeared in the peared in the Congressional Record on March Air Force nomination of Daniel A. Congressional Record on April 20, 2015. 10, 2015. Lapostole, to be Colonel. Navy nominations beginning with Donald Navy nomination of Rear Adm. (lh) Terry Army nominations beginning with Cynthia W. Babcock, Jr. and ending with John J. J. Moulton, to be Rear Admiral. Aitaholmes and ending with Ryan J. Wang, Woods, which nominations were received by Navy nomination of Rear Adm. (lh) Bret J. which nominations were received by the Sen- the Senate and appeared in the Congres- Muilenburg, to be Rear Admiral. ate and appeared in the Congressional sional Record on April 20, 2015. Navy nomination of Rear Adm. (lh) Mark Record on January 13, 2015. Navy nominations beginning with Glen A. L. Leavitt, to be Rear Admiral. Army nominations beginning with Donald Dieleuterio and ending with William Y. Pike, Navy nomination of Capt. Ann M. W. Algeo and ending with Amy L. H. Young, which nominations were received by the Sen- Burkhardt, to be Rear Admiral (lower half). which nominations were received by the Sen- ate and appeared in the Congressional Navy nominations beginning with Capt. ate and appeared in the Congressional Record on April 20, 2015. James P. Downey and ending with Capt. Ste- Record on January 13, 2015. (minus 2 nomi- Navy nominations beginning with Richard phen F. Williamson, which nominations were nees: James V. Crawford; Colin A. Meghoo) A. Braunbeck III and ending with Jeffrey J.

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.038 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4297 Pronesti, which nominations were received which nominations were received by the Sen- which nominations were received by the Sen- by the Senate and appeared in the Congres- ate and appeared in the Congressional ate and appeared in the Congressional sional Record on April 30, 2015. Record on May 14, 2015. Record on June 2, 2015. Navy nominations beginning with Navy nominations beginning with Patrick Navy nominations beginning with Jeffrey Thurraya S. Kent and ending with Wendy L. K. Amersbach and ending with Nancy V. Wil- M. Clark and ending with Carol W. Watt, Snyder, which nominations were received by son, which nominations were received by the which nominations were received by the Sen- the Senate and appeared in the Congres- Senate and appeared in the Congressional ate and appeared in the Congressional sional Record on April 30, 2015. Record on May 14, 2015. Record on June 2, 2015. Navy nominations beginning with Michael Navy nominations beginning with Craig L. Navy nominations beginning with Laura E. Biery and ending with Ricky M. Ursery, Abraham and ending with Scott Y. M. Mussulman and ending with Kenneth W. which nominations were received by the Sen- Yamamoto, which nominations were re- Wagner, which nominations were received by ate and appeared in the Congressional ceived by the Senate and appeared in the the Senate and appeared in the Congres- Record on April 30, 2015. Congressional Record on May 14, 2015. sional Record on June 2, 2015. Navy nominations beginning with Neil T. Navy nominations beginning with Chad M. Navy nominations beginning with Kerry L. Smith and ending with Dominick A. Vincent, Brooks and ending with Rod W. Tribble, Abramson and ending with Ian K. Thornhill, which nominations were received by the Sen- which nominations were received by the Sen- which nominations were received by the Sen- ate and appeared in the Congressional ate and appeared in the Congressional ate and appeared in the Congressional Record on April 30, 2015. Record on May 14, 2015. Record on June 2, 2015. Navy nominations beginning with Jason B. Navy nomination of Heather J. Walton, to Navy nominations beginning with Babcock and ending with Christopher P. be Captain. Tamberlynn W. Baker and ending with Slattery, which nominations were received Navy nominations beginning with William Angelia W. Thompson, which nominations by the Senate and appeared in the Congres- A. Hlavin and ending with Bashon W. Mann, were received by the Senate and appeared in sional Record on April 30, 2015. which nominations were received by the Sen- the Congressional Record on June 2, 2015. Navy nominations beginning with Nicholas ate and appeared in the Congressional Navy nominations beginning with E. Andrews and ending with Vincent S. Record on May 14, 2015. Saravoot P. Bagwell and ending with Kathy Tionquiao, which nominations were received Navy nomination of Jacky P. Cheng, to be M. Warren, which nominations were received by the Senate and appeared in the Congres- Captain. by the Senate and appeared in the Congres- Navy nominations beginning with Charles sional Record on April 30, 2015. sional Record on June 2, 2015. S. Abbot and ending with David G. Zook, Navy nominations beginning with Sowon Navy nominations beginning with Gregory which nominations were received by the Sen- S. Ahn and ending with Craig M. T. Stehman and ending with Rodney E. ate and appeared in the Congressional Whittinghill, which nominations were re- Tugade, which nominations were received by ceived by the Senate and appeared in the Record on June 2, 2015. Navy nominations beginning with John J. the Senate and appeared in the Congres- Congressional Record on April 30, 2015. sional Record on June 2, 2015. Navy nominations beginning with Steven Andrew and ending with Mark C. Wadsworth, Navy nominations beginning with Terry W. W. Connell and ending with Michael A. Jr., which nominations were received by the Eddinger and ending with David R. Whitt, which nominations were received by Senate and appeared in the Congressional Glassmire, which nominations were received the Senate and appeared in the Congres- Record on June 2, 2015. by the Senate and appeared in the Congres- sional Record on April 30, 2015. Navy nominations beginning with David A. sional Record on June 2, 2015. Navy nominations beginning with Chris- Backer and ending with Scott E. Williams, Navy nominations beginning with Daryll tine J. Caston and ending with James V. which nominations were received by the Sen- D. Long and ending with Milton W. Wash- Walsh, which nominations were received by ate and appeared in the Congressional ington, which nominations were received by the Senate and appeared in the Congres- Record on June 2, 2015. the Senate and appeared in the Congres- sional Record on April 30, 2015. Navy nominations beginning with Antonio Navy nominations beginning with Michael Alemar and ending with John L. Young III, sional Record on June 2, 2015. A. Hurni and ending with Elizabeth R. which nominations were received by the Sen- Navy nominations beginning with Holman Sanabia, which nominations were received ate and appeared in the Congressional R. Agard and ending with Mark E. Zematis, by the Senate and appeared in the Congres- Record on June 2, 2015. which nominations were received by the Sen- sional Record on April 30, 2015. Navy nominations beginning with Lyle P. ate and appeared in the Congressional Navy nominations beginning with Robert Ainsworth and ending with Juan C. Varela, Record on June 2, 2015. C. Bandy and ending with Douglas L. Wil- which nominations were received by the Sen- Navy nomination of Natalie R. Bakan, to liams, which nominations were received by ate and appeared in the Congressional be Lieutenant Commander. the Senate and appeared in the Congres- Record on June 2, 2015. Navy nomination of Patrick R. O’Mara, to sional Record on April 30, 2015. Navy nominations beginning with Karin R. be Commander. Navy nominations beginning with Dominic Burzynski and ending with Francisco E. (Nominations without an asterisk S. Caronello and ending with Michael J. Magallon, which nominations were received were reported with the recommenda- Supko, which nominations were received by by the Senate and appeared in the Congres- tion that they be confirmed.) the Senate and appeared in the Congres- sional Record on June 2, 2015. sional Record on April 30, 2015. Navy nominations beginning with Paolo f Navy nominations beginning with Carcavallo, Jr. and ending with Matthew G. INTRODUCTION OF BILLS AND Fatmatta M. Kuyateh and ending with Mi- Zublic, which nominations were received by JOINT RESOLUTIONS chael J. Scarcella, which nominations were the Senate and appeared in the Congres- received by the Senate and appeared in the sional Record on June 2, 2015. The following bills and joint resolu- Congressional Record on May 14, 2015. Navy nominations beginning with Shelley tions were introduced, read the first Navy nomination of Maregina L. Wicks, to D. Caplan and ending with Mike E. Svatek, and second times by unanimous con- be Lieutenant Commander. which nominations were received by the Sen- sent, and referred as indicated: Navy nomination of Nikki K. Conlin, to be ate and appeared in the Congressional Lieutenant Commander. Record on June 2, 2015. By Mr. GRASSLEY (for himself, Mr. Navy nominations beginning with Michael Navy nominations beginning with Audrey WYDEN, and Mr. CASEY): R. Cathey and ending with Eric H. Twerdahl, G. Adams and ending with Joel A. Yates, S. 1604. A bill to establish the Transition to Jr., which nominations were received by the which nominations were received by the Sen- Independence Medicaid Buy-In Option dem- Senate and appeared in the Congressional ate and appeared in the Congressional onstration program; to the Committee on Fi- Record on May 14, 2015. Record on June 2, 2015. nance. Navy nominations beginning with Teresa Navy nominations beginning with Eugene By Mr. CARDIN (for himself, Mr. M. Allen and ending with Joon S. Yun, which A. Albin and ending with Kenya D. FLAKE, Mr. COONS, and Mr. ISAKSON): nominations were received by the Senate and Williamson, which nominations were re- S. 1605. A bill to amend the Millennium appeared in the Congressional Record on ceived by the Senate and appeared in the Challenge Act of 2003 to authorize concur- May 14, 2015. Congressional Record on June 2, 2015. rent compacts for purposes of regional eco- Navy nominations beginning with Martin Navy nominations beginning with Allan M. nomic integration and cross-border collabo- J. Anerino and ending with Martha S. Scot- Baker and ending with Dennis M. Zogg, rations, and for other purposes; to the Com- ty, which nominations were received by the which nominations were received by the Sen- mittee on Foreign Relations. Senate and appeared in the Congressional ate and appeared in the Congressional By Mr. KING (for himself and Mrs. Record on May 14, 2015. Record on June 2, 2015. CAPITO): Navy nominations beginning with David J. Navy nominations beginning with Robert S. 1606. A bill to support the development, Bacon and ending with Richard G. Zeber, E. Beaton and ending with James L. Willett, implementation, and evaluation of innova- which nominations were received by the Sen- which nominations were received by the Sen- tive strategies and methods to increase out- ate and appeared in the Congressional ate and appeared in the Congressional of-school access to digital learning resources Record on May 14, 2015. Record on June 2, 2015. for eligible students in order to increase stu- Navy nominations beginning with Arthur Navy nominations beginning with Paul T. dent and educator engagement and dissemi- R. Blum and ending with Florencio J. Yuzon, Antony and ending with Peter C. Wagner, nate evidence-based strategies to relevant

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.028 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4298 CONGRESSIONAL RECORD — SENATE June 18, 2015 stakeholders and the public; to the Com- By Mr. RUBIO (for himself and Mrs. for the District of Columbia, and the Public mittee on Health, Education, Labor, and SHAHEEN): Defender Service for the District of Colum- Pensions. S. 1617. A bill to prevent Hizballah and as- bia, and for other purposes; to the Com- By Mr. PORTMAN (for himself, Mr. sociated entities from gaining access to mittee on Homeland Security and Govern- WARNER, and Ms. COLLINS): international financial and other institu- mental Affairs. S. 1607. A bill to affirm the authority of the tions, and for other purposes; to the Com- By Mr. RISCH: President to require independent regulatory mittee on Banking, Housing, and Urban Af- S. 1630. A bill to amend the National Labor agencies to comply with regulatory analysis fairs. Relations Act and the Labor Management requirements applicable to executive agen- By Mr. RUBIO (for himself, Ms. Relations Act, 1947 to deter labor slowdowns cies, and for other purposes; to the Com- AYOTTE, Mr. WICKER, Mr. GARDNER, at ports of the United States, and for other mittee on Homeland Security and Govern- and Mr. JOHNSON): mental Affairs. S. 1618. A bill to reallocate Federal Govern- purposes; to the Committee on Health, Edu- By Mrs. FEINSTEIN (for herself and ment-held spectrum for commercial use, to cation, Labor, and Pensions. Mr. SCHUMER): promote wireless innovation and enhance By Mr. SANDERS (for himself, Mr. S. 1608. A bill to protect the safety of the wireless communications, and for other pur- BROWN, and Ms. BALDWIN): national airspace system from the hazardous poses; to the Committee on Commerce, S. 1631. A bill to amend the Employee Re- operation of consumer drones, and for other Science, and Transportation. tirement Income Security Act of 1974 and the purposes; to the Committee on Commerce, By Mr. HOEVEN: Internal Revenue Code of 1986 to modify cer- Science, and Transportation. S. 1619. An original bill making appropria- tain provisions relating to multiemployer By Mr. KAINE (for himself, Mrs. tions for the Department of Homeland Secu- pensions, and for other purposes; to the Com- BOXER, Mr. CASEY, Mr. WHITEHOUSE, rity for the fiscal year ending September 30, mittee on Finance. and Mr. WARNER): 2016, and for other purposes; from the Com- By Ms. COLLINS (for herself and Ms. S. 1609. A bill to provide support for the de- mittee on Appropriations; placed on the cal- AYOTTE): velopment of middle school career explo- endar. ration programs linked to career and tech- By Mr. JOHNSON: S. 1632. A bill to require a regional strat- nical education programs of study; to the S. 1620. A bill to reduce duplication of in- egy to address the threat posed by Boko Committee on Health, Education, Labor, and formation technology at the Department of Haram; to the Committee on Foreign Rela- Pensions. Homeland Security, and for other purposes; tions. By Mr. CARDIN (for himself and Ms. to the Committee on Homeland Security and By Mr. DAINES: MIKULSKI): Governmental Affairs. S. 1633. A bill to require that the face of S. 1610. A bill to eliminate racial profiling By Mr. VITTER: Federal Reserve Notes bear the likeness of by law enforcement officers, promote ac- S. 1621. A bill to prohibit universal service Jeannette Rankin before the likeness of any countability for State and local law enforce- support of commercial mobile service and ment agencies, reenfranchise citizens, elimi- other woman appears on a Federal Reserve Internet access service through the Lifeline Note, and for other purposes; to the Com- nate sentencing disparities, and promote re- program; to the Committee on Commerce, entry and employment programs, and for mittee on Banking, Housing, and Urban Af- Science, and Transportation. other purposes; to the Committee on the Ju- fairs. By Mr. BURR (for himself and Mr. diciary. By Ms. KLOBUCHAR (for herself, Mr. FRANKEN): VITTER, and Mr. LEAHY): By Mr. THUNE (for himself, Mr. NEL- S. 1622. A bill to amend the Federal Food, SON, Mr. RUBIO, Mr. BOOKER, and Mr. Drug, and Cosmetic Act with respect to de- S. 1634. A bill to amend the Federal anti- SULLIVAN): vices; to the Committee on Health, Edu- trust laws to provide expanded coverage and S. 1611. A bill to authorize appropriations cation, Labor, and Pensions. to eliminate exemptions from such laws that for the Coast Guard for fiscal years 2016 and By Ms. CANTWELL (for herself and are contrary to the public interest with re- 2017, and for other purposes; to the Com- spect to railroads; to the Committee on the Mrs. MURRAY): mittee on Commerce, Science, and Transpor- S. 1623. A bill to establish the Maritime Judiciary. tation. Washington National Heritage Area in the By Mr. CORKER: By Mrs. BOXER (for herself, Ms. CANT- State of Washington, and for other purposes; S. 1635. An original bill to authorize the WELL, Ms. KLOBUCHAR, Mr. MARKEY, to the Committee on Energy and Natural Re- Department of State for fiscal year 2016, and Mrs. SHAHEEN, Mr. BLUMENTHAL, and sources. for other purposes; from the Committee on Mr. FRANKEN): S. 1612. A bill to require the Secretary of By Ms. STABENOW (for herself, Mr. Foreign Relations; placed on the calendar. Transportation to modify the final rule re- BURR, Mrs. SHAHEEN, Ms. AYOTTE, By Mr. KIRK (for himself, Ms. AYOTTE, lating to flightcrew member duty and rest Mr. PETERS, Mr. WICKER, Mr. NELSON, Mr. COTTON, and Mr. PERDUE): Mr. COCHRAN, Mr. WARNER, and Mr. requirements for passenger operations of air S. 1636. A bill to streamline the collection MORAN): carriers to apply to all-cargo operations of and distribution of government information; S. 1624. A bill to provide predictability and air carriers, and for other purposes; to the to the Committee on Commerce, Science, certainty in the tax law, create jobs, and en- Committee on Commerce, Science, and and Transportation. courage investment; to the Committee on Fi- Transportation. By Mr. INHOFE: By Mrs. SHAHEEN: nance. S. 1613. A bill to require the Secretary of By Mr. DAINES: S. 1637. A bill to promote permanent fami- the Treasury to convene a panel of citizens S. 1625. A bill to require a report on the lo- lies for children, privacy and safety for to make a recommendation to the Secretary cation of C–130 Modular Airborne Fire- unwed mothers, responsible fatherhood, and regarding the likeness of a woman on the ten fighting System units; to the Committee on security for adoptive parents by establishing dollar bill, and for other purposes; to the Armed Services. a National Responsible Father Registry and Committee on Banking, Housing, and Urban By Mr. WICKER (for himself and Mr. encouraging States to enter into agreements Affairs. BOOKER): to contribute the information contained in By Ms. KLOBUCHAR (for herself and S. 1626. A bill to reauthorize Federal sup- the State’s Responsible Father Registry to Mr. CORNYN): port for passenger rail programs, improve the National Responsible Father Registry, S. 1614. A bill to provide for the inclusion safety, streamline rail project delivery, and and for other purposes; to the Committee on of court-appointed guardianship improve- for other purposes; to the Committee on Finance. ment and oversight activities under the Commerce, Science, and Transportation. By Mr. JOHNSON (for himself and Mr. Elder Justice Act of 2009; to the Committee By Mr. CRUZ (for himself and Mr. CARPER): KIRK): on the Judiciary. S. 1638. A bill to direct the Secretary of S. 1627. A bill to ensure the Secretary of By Ms. STABENOW (for herself, Mr. Homeland Security to submit to Congress in- State complies fully with reporting require- KING, and Mr. PETERS): formation on the Department of Homeland ments in section 116(d) of the Foreign Assist- S. 1615. A bill to reform and modernize do- Security headquarters consolidation project ance Act of 1961; to the Committee on For- mestic refugee resettlement programs, and in the National Capital Region, and for other eign Relations. for other purposes; to the Committee on the purposes; to the Committee on Homeland Se- By Mr. DAINES: Judiciary. curity and Governmental Affairs. S. 1628. A bill to preserve the current By Mr. CARPER (for himself, Mr. By Mr. FRANKEN (for himself, Mr. GRASSLEY, Mrs. MCCASKILL, and Mr. amount of basic allowance for housing for GRASSLEY, Mrs. MURRAY, and Mr. JOHNSON): certain married members of the uniformed HATCH): S. 1616. A bill to provide for the identifica- services; to the Committee on Armed Serv- tion and prevention of improper payments ices. S. 1639. A bill to amend the Elementary and the identification of strategic souring By Mr. JOHNSON (for himself and Mr. and Secondary Education Act of 1965 to as- opportunities by reviewing and analyzing the CARPER): sure educational stability for children in fos- use of Federal agency charge cards; to the S. 1629. A bill to revise certain authorities ter care, and for other purposes; to the Com- Committee on Homeland Security and Gov- of the District of Columbia courts, the Court mittee on Health, Education, Labor, and ernmental Affairs. Services and Offender Supervision Agency Pensions.

VerDate Sep 11 2014 04:34 Feb 19, 2016 Jkt 049060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD15\JUN 15\S18JN5.REC S18JN5 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4299 SUBMISSION OF CONCURRENT AND setts (Mr. MARKEY) was added as a co- (Mr. COTTON) was added as a cosponsor SENATE RESOLUTIONS sponsor of S. 389, a bill to amend sec- of S. 799, a bill to combat the rise of The following concurrent resolutions tion 1111(h)(1)(C)(i) of the Elementary prenatal opioid abuse and neonatal ab- and Senate resolutions were read, and and Secondary Education Act of 1965 to stinence syndrome. referred (or acted upon), as indicated: require that annual State report cards S. 804 reflect the same race groups as the de- By Mr. CARDIN (for himself, Mr. At the request of Ms. COLLINS, the RUBIO, Mr. LEAHY, Mr. DURBIN, Mr. cennial census of population. name of the Senator from Illinois (Mr. MARKEY, Mrs. SHAHEEN, Mr. COONS, S. 477 DURBIN) was added as a cosponsor of S. Mr. BLUMENTHAL, Ms. BALDWIN, Mr. At the request of Mr. RUBIO, the 804, a bill to amend title XVIII of the KAINE, Ms. STABENOW, Mrs. MURRAY, name of the Senator from Georgia (Mr. Social Security Act to specify coverage Mrs. BOXER, Mr. KING, Mr. BROWN, ISAKSON) was added as a cosponsor of S. of continuous glucose monitoring de- Mr. REED, Mr. MENENDEZ, Mr. 477, a bill to terminate Operation vices, and for other purposes. WYDEN, Ms. KLOBUCHAR, Mrs. FEIN- Choke Point. S. 845 STEIN, and Mr. CASEY): S. Res. 204. A resolution recognizing June S. 488 At the request of Mr. RUBIO, the 20, 2015 as ‘‘World Refugee Day’’; to the Com- At the request of Mr. SCHUMER, the names of the Senator from Georgia mittee on Foreign Relations. names of the Senator from Ohio (Mr. (Mr. PERDUE) and the Senator from Ar- By Mr. DURBIN (for himself and Mr. BROWN) and the Senator from Illinois kansas (Mr. COTTON) were added as co- KIRK): (Mr. DURBIN) were added as cosponsors sponsors of S. 845, a bill to require the S. Res. 205. A resolution congratulating the of S. 488, a bill to amend title XVIII of Secretary of the Treasury to imple- Chicago Blackhawks on winning the 2015 ment security measures in the elec- Stanley Cup; considered and agreed to. the Social Security Act to allow physi- By Mrs. BOXER (for herself and Mrs. cian assistants, nurse practitioners, tronic tax return filing process to pre- FEINSTEIN): and clinical nurse specialists to super- vent tax refund fraud from being per- S. Res. 206. A resolution congratulating the vise cardiac, intensive cardiac, and pul- petrated with electronic identity theft. Golden State Warriors for winning the 2015 monary rehabilitation programs. S. 857 National Basketball Association Champion- S. 491 At the request of Ms. STABENOW, the ship; considered and agreed to. At the request of Ms. KLOBUCHAR, the names of the Senator from New Mexico f name of the Senator from California (Mr. HEINRICH) and the Senator from ADDITIONAL COSPONSORS (Mrs. BOXER) was added as a cosponsor California (Mrs. FEINSTEIN) were added as cosponsors of S. 857, a bill to amend S. 299 of S. 491, a bill to lift the trade embar- go on Cuba. title XVIII of the Social Security Act At the request of Mr. FLAKE, the to provide for coverage under the Medi- S. 578 names of the Senator from Kansas (Mr. care program of an initial comprehen- At the request of Mr. SCHUMER, the ROBERTS), the Senator from Wash- sive care plan for Medicare bene- name of the Senator from West Vir- ington (Mrs. MURRAY) and the Senator ficiaries newly diagnosed with Alz- ginia (Mr. MANCHIN) was added as a co- from Maryland (Ms. MIKULSKI) were heimer’s disease and related demen- sponsor of S. 578, a bill to amend title added as cosponsors of S. 299, a bill to tias, and for other purposes. allow travel between the United States XVIII of the Social Security Act to en- S. 1040 and Cuba. sure more timely access to home At the request of Mr. HELLER, the S. 311 health services for Medicare bene- ficiaries under the Medicare program. name of the Senator from Arkansas At the request of Mr. CASEY, the (Mr. COTTON) was added as a cosponsor S. 599 names of the Senator from Connecticut of S. 1040, a bill to direct the Consumer At the request of Mr. CARDIN, the (Mr. MURPHY) and the Senator from Il- Product Safety Commission and the name of the Senator from Michigan linois (Mr. DURBIN) were added as co- National Academy of Sciences to study (Ms. STABENOW) was added as a cospon- sponsors of S. 311, a bill to amend the the vehicle handling requirements pro- sor of S. 599, a bill to extend and ex- Elementary and Secondary Education posed by the Commission for rec- pand the Medicaid emergency psy- Act of 1965 to address and take action reational off-highway vehicles and to chiatric demonstration project. to prevent bullying and harassment of prohibit the adoption of any such re- students. S. 600 quirements until the completion of the S. 313 At the request of Ms. KLOBUCHAR, the study, and for other purposes. At the request of Mr. GRASSLEY, the names of the Senator from Maryland S. 1082 name of the Senator from Michigan (Ms. MIKULSKI), the Senator from At the request of Mr. RUBIO, the (Ms. STABENOW) was added as a cospon- Rhode Island (Mr. WHITEHOUSE) and the name of the Senator from Pennsyl- sor of S. 313, a bill to amend title XVIII Senator from New Mexico (Mr. UDALL) vania (Mr. TOOMEY) was added as a co- of the Social Security Act to add phys- were added as cosponsors of S. 600, a sponsor of S. 1082, a bill to amend title ical therapists to the list of providers bill to require the Secretary of Energy 38, United States Code, to provide for allowed to utilize locum tenens ar- to establish an energy efficiency ret- the removal or demotion of employees rangements under Medicare. rofit pilot program. of the Department of Veterans Affairs S. 314 S. 682 based on performance or misconduct, At the request of Mr. GRASSLEY, the At the request of Mr. DONNELLY, the and for other purposes. name of the Senator from Illinois (Mr. name of the Senator from Kentucky S. 1347 DURBIN) was added as a cosponsor of S. (Mr. PAUL) was added as a cosponsor of At the request of Mr. ISAKSON, the 314, a bill to amend title XVIII of the S. 682, a bill to amend the Truth in name of the Senator from Michigan Social Security Act to provide for cov- Lending Act to modify the definitions (Ms. STABENOW) was added as a cospon- erage under the Medicare program of of a mortgage originator and a high- sor of S. 1347, a bill to amend title pharmacist services. cost mortgage. XVIII of the Social Security Act with S. 349 S. 688 respect to the treatment of patient en- At the request of Mr. GRASSLEY, the At the request of Mr. MANCHIN, the counters in ambulatory surgical cen- name of the Senator from Michigan name of the Senator from Minnesota ters in determining meaningful EHR (Ms. STABENOW) was added as a cospon- (Mr. FRANKEN) was added as a cospon- use, and for other purposes. sor of S. 349, a bill to amend title XIX sor of S. 688, a bill to amend title XVIII S. 1349 of the Social Security Act to empower of the Social Security Act to adjust the At the request of Mr. CARDIN, the individuals with disabilities to estab- Medicare hospital readmission reduc- name of the Senator from Michigan lish their own supplemental needs tion program to respond to patient dis- (Ms. STABENOW) was added as a cospon- trusts. parities, and for other purposes. sor of S. 1349, a bill to amend title S. 389 S. 799 XVIII of the Social Security Act to re- At the request of Ms. HIRONO, the At the request of Mr. MCCONNELL, quire hospitals to provide certain noti- name of the Senator from Massachu- the name of the Senator from Arkansas fications to individuals classified by

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.030 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4300 CONGRESSIONAL RECORD — SENATE June 18, 2015 such hospitals under observation sta- of amendment No. 1772 intended to be In July of 2014, following an expose´ tus rather than admitted as inpatients proposed to H.R. 1735, an act to author- by Craig Whitlock of the Washington of such hospitals. ize appropriations for fiscal year 2016 Post, I wrote to the Federal Aviation S. 1362 for military activities of the Depart- Administration asking for data about At the request of Mr. CARPER, the ment of Defense, for military construc- drone flights and accidents. names of the Senator from Pennsyl- tion, and for defense activities of the What I received from the FAA was— vania (Mr. CASEY), the Senator from Department of Energy, to prescribe simply put—startling, and it really Virginia (Mr. WARNER) and the Senator military personnel strengths for such crystallized for me the magnitude of from Michigan (Ms. STABENOW) were fiscal year, and for other purposes. the problem we face. added as cosponsors of S. 1362, a bill to f In nine months last year, from March through November, there were approxi- amend title XI of the Social Security STATEMENTS ON INTRODUCED mately 25 incidents where a drone Act to clarify waiver authority regard- BILLS AND JOINT RESOLUTIONS ing programs of all-inclusive care for nearly collided in midair with a the elderly (PACE programs). manned aircraft, sometimes requiring By Mrs. FEINSTEIN (for herself S. 1434 evasive action. and Mr. SCHUMER): In this time period, there were more At the request of Mr. HEINRICH, the S. 1608. A bill to protect the safety of name of the Senator from Hawaii (Mr. than 190 incident reports. Since July 1, the national airspace system from the at least one incident per day was re- SCHATZ) was added as a cosponsor of S. hazardous operation of consumer ported to the FAA. For example: On 1434, a bill to amend the Public Utility drones, and for other purposes; to the Regulatory Policies Act of 1978 to es- May 29, 2014, two aircraft on approach Committee on Commerce, Science, and to LAX reported a ‘‘trash can sized’’ tablish an energy storage portfolio Transportation. standard, and for other purposes. unmanned aircraft at 6,500 feet above Mrs. FEINSTEIN. Mr. President, I ground level. S. 1461 rise today to introduce the Consumer On June 29, 2014, an airplane on de- At the request of Mr. THUNE, the Drone Safety Act. scent to Dulles Airport reported a near name of the Senator from Michigan In recent years, privately-operated midair collision with a drone that flew (Ms. STABENOW) was added as a cospon- unmanned aircraft have grown in popu- within 50 feet of the plane at 2,800 feet sor of S. 1461, a bill to provide for the larity and capability. In many ways, above ground level. extension of the enforcement instruc- this is brand new technology. On September 8, 2014, three separate tion on supervision requirements for It is worrisome that these new airplanes reported ‘‘a very close call’’ outpatient therapeutic services in crit- drones, which are capable of flying with a drone on descent to LaGuardia ical access and small rural hospitals thousands of feet in the air and at airport at 1,900 feet above ground level. through 2015. speeds in excess of 30 miles per hour, On October 12, 2014, an aircraft near S. 1516 are available commercially to com- Tinker Air Force Base in Oklahoma re- At the request of Mr. REID, his name pletely untrained consumers. ported taking evasive action at 4,800 was added as a cosponsor of S. 1516, a This combination of advanced new feet above ground level to avoid a bill to amend the Internal Revenue technology and broad availability has drone that came between 10 to 20 feet Code of 1986 to modify the energy cred- resulted in a rising number of reports of the plane. it to provide greater incentives for in- of dangerous operations and narrowly On February 8, 2015, a Southwest pas- dustrial energy efficiency. avoided mid-air collisions between senger jet on its way to land at LAX drones and passenger planes. S. 1528 and reported that a small red drone Our airports, pilots and travelers de- flew ‘‘right over the top’’ of the plane At the request of Ms. HIRONO, the serve meaningful safety protections, as at 4,000 feet above ground level. name of the Senator from Michigan do the people on the ground, in our sta- These close calls are absolutely unac- (Mr. PETERS) was added as a cosponsor diums and on our highways. ceptable. It is not just airplanes and of S. 1528, a bill to improve energy sav- If we don’t act, it’s only a matter of airports that are at risk. For example, ings by the Department of Defense, and time before we have a tragedy on our the general manager of the Golden for other purposes. hands. S. 1543 The Consumer Drone Safety Act Gate Bridge reports that drones rou- At the request of Mr. MORAN, the would put in place common-sense safe- tinely fly over traffic on the bridge. name of the Senator from Arkansas ty precautions to minimize the risk of One drone recently crashed onto the (Mr. BOOZMAN) was added as a cospon- disaster. bridge roadway. sor of S. 1543, a bill to lift the trade As with any new technology, drones Drones equipped with cameras have embargo on Cuba, and for other pur- have attracted significant interest and also flown by the bridge in areas where poses. have promising commercial uses, in- photography is not permitted for secu- rity reasons, which is alarming. S. 1552 cluding package delivery, search and The California Department of For- At the request of Mr. DAINES, the rescue, pipeline inspection, and agri- estry and Fire Protection—CAL name of the Senator from Montana culture. FIRE—is also growing increasingly (Mr. TESTER) was added as a cosponsor I agree that the possibilities for this concerned about the unsafe use of of S. 1552, a bill to authorize the Dry- technology are promising, if properly drones. It reports that during last Redwater Regional Water Authority managed. That is why I support re- year’s fire season, there were numerous System and the Musselshell-Judith search to make sure that the tech- nology is safe and can be used in ways incidents involving drones. Rural Water System in the State of For example, in September, one of its Montana, and for other purposes. that respect people’s privacy. But there is no question that the helicopters, which was responding to S. 1588 technology comes with great risks, and the Pasqualie fire, had to brake in mid- At the request of Mr. FRANKEN, the its potential will never be developed if air to avoid colliding with a rec- name of the Senator from Oregon (Mr. there is a big aircraft disaster. reational drone just 10 feet ahead of it. WYDEN) was added as a cosponsor of S. What if, for example, a drone acci- In May, several drones were filming 1588, a bill to amend the Public Health dentally flew into a jet engine and an active firefight in order to post vid- Service Act to revise and extend brought down a commercial airliner? eos online. If local police hadn’t been projects relating to children and vio- What if an airliner, having been hit by able to identify the operators and con- lence to provide access to school-based a drone on approach to a major airport vince them to stop, CAL FIRE believes comprehensive mental health pro- like JFK or LAX, crashes in an urban it might have had to shut down its aer- grams. area? ial firefighting operations for the Poin- AMENDMENT NO. 1772 Safety must come first. settia and Cocos fires to avoid the risk At the request of Ms. WARREN, the In the last year, unlawful drone use of collision. name of the Senator from Michigan has proliferated and it’s clear that As far back as 2012, the Government (Mr. PETERS) was added as a cosponsor there is a high risk to public safety. Accountability Office, GAO, has issued

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.032 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4301 warnings about obstacles to the safe mation and include it in the box for of our nation’s airports and hospital operation of drones, which include the consumers when they buy a new drone. helipads, stadiums and fairgrounds, fact that many drones cannot ‘‘detect, FAA needs the authority to require bridges, electrical infrastructure, high- sense and avoid’’ other aircraft or ob- these basic safety precautions. ways, and city sidewalks. jects in the airspace. The Consumer Drone Safety Act calls Congress must not wait for a tragedy Drones are also plagued by a phe- for sensible new safety regulations in before taking action. I encourage my nomenon known as ‘‘lost link’’—in how drones are manufactured and used. colleagues to join me in this legisla- which the remote connection between These new safety regulations apply tion to ensure that consumer drones the pilot on the ground and the aircraft only to consumer drones: civil un- are built and operated safely. is simply lost, resulting in a loss of manned aircraft that are manufactured command and control of the aircraft. for commercial distribution and that By Mr. KAINE (for himself, Mrs. The GAO’s report also noted that are equipped with an automatic sta- BOXER, Mr. CASEY, Mr. WHITE- many drones ‘‘currently use unpro- bilization system or are capable of pro- HOUSE, and Mr. WARNER): tected radio spectrum and, like any viding a video signal allowing oper- S. 1609. A bill to provide support for other wireless technology, remain vul- ations beyond the visual line of sight of the development of middle school ca- nerable to unintentional or intentional the operator. reer exploration programs linked to ca- interference.’’ Notably, this definition does not reer and technical education programs GAO continued: ‘‘This remains a key override Section 336 of the FAA Mod- of study; to the Committee on Health, security and safety vulnerability be- ernization and Reform Act of 2012, Education, Labor, and Pensions. cause, in contrast to a manned aircraft which means that model aircraft flown Mr. KAINE. Mr. President, as the in which the pilot has direct physical for recreational purposes would con- labor market of the 21st century con- control of the aircraft, interruption of tinue to be subject to the safety guide- tinues to transform, it will be critical radio transmissions can sever the lines of a community-based organiza- to ensure that American workers are UAS’s only means of control.’’ tion rather than to operational regula- equipped with the skills and expertise Even the operators of consumer tions of the Federal Aviation Adminis- needed to meet the variety of demands drones often know that their oper- tration. in the global marketplace It is critical ations can be dangerous. Let me just The bill has operational require- that we continue to reform and update read to you from one commenter on ments our education system to ensure that Amazon’s page for a popular consumer The Consumer Drone Safety Act di- America’s students are prepared for drone: rects the FAA to clearly lay out what cutting-edge careers. Today, many stu- dents enter high school and postsec- It just kept climbing as it disappeared into is acceptable for consumer drones that the clouds. I lost visual, and was sure I’d are operated outside the programming ondary education with little knowledge never see my Phantom again. . . . From cal- of a community-based organization, de- of the careers available to them out- culations based on DJI’s web site that it tailing when, where, and under what side of traditional pathways. Research climbs [6 meters per second, which means it conditions drones can be operated. This has found that few middle school stu- attained an altitude . . . somewhere between includes how high, how close to air- dents have a lack of understanding of 5,000 and 7,000 feet. I didn’t realize until I got ports or stadiums, and under what how what they are learning in school video back. weather conditions a drone may be relates to careers. With college costs The commentator continued: ‘‘This is flown. continuing to rise, it is critical that ‘not’ good, though, since until I saw The bill has manufacturer require- students have exposure to the wide the video, I didn’t realize I was in con- ments. range of available work and career trolled airspace. Do ‘not’ do this.’’ Any drone advanced enough to fly choices early in their academic careers This comment, to me, is really em- autonomously should also be equipped so that, by the time they enter high blematic of what is happening. Con- with advanced safety features, includ- school, they are more informed about sumers with no training, certification, ing geo-fencing. future paths and what they need to do or instruction are buying highly-capa- But FAA does not currently have au- to pursue them. ble drones with few technological safe- thority to require even the most basic Career and technical education, CTE, guards. safety precautions like providing edu- programs play a pivotal role in pre- There are precautions we can take to cational materials. paring students for America’s job mar- reduce the risk of a catastrophic acci- The Consumer Drone Safety Act au- ket, and are proven to help students dent. thorizes FAA to set meaningful safety explore their own strengths and pref- For example, after a consumer drone requirements for manufacturers. These erences, and match up with potential crashed on the White House lawn in may include geo-fencing to govern the future careers. However, a lack of Fed- January 2015, the manufacturer volun- altitude and location of flights, a eral investment in middle school CTE tarily released a firmware update to transponder or other method for pilots programming often means students prevent flights near Washington, D.C. and air traffic control to detect and have to wait until high school for this The update was easy for consumers identify the drones, collision-avoidance exposure. and commonsense. However, the FAA software, and precautions for the loss Middle school is a critical time when has no authority to require all manu- of a communications link, anti-tam- students explore their own strengths, facturers to follow suit, or to specify pering safeguards, and educational ma- likes, and dislikes, and begin to form other areas that deserve similar pro- terials. long-term career goals. Studies have tection. The bill also requires manufactures found that middle school students who Another easy precaution is education to update existing consumer drones to participate in career and technical edu- of drone operators. For example, the meet these new requirements when fea- cation development programs that pro- FAA has partnered with the Academy sible. mote career exploration skills are able of Model Aeronautics, the Association The bill would allow FAA to exempt to make more informed career deci- for Unmanned Vehicle Systems Inter- particular types of consumer drones sions by increasing knowledge of career national, and the Small UAV Coalition from any requirement that is techno- options and career pathways that to develop an educational campaign logically infeasible or cost-prohibitive match their interests. Additionally, called ‘‘Know Before You Fly.’’ if other precautions enable safe oper- these programs play a positive role in This campaign includes sensible ad- ations. engaging students in the classroom and vice about staying under 400 feet in ele- The Consumer Drone Safety Act is on their academic success. vation, keeping the drone within range straightforward, balanced, and nec- I am proud to introduce the Middle of eyesight, flying sober, and staying essary. For the first time, it would School Technical Education Program away from pedestrians, vehicles, and allow the FAA to proactively respond Act, which establishes a pilot program airports. to the increasing use and capabilities for middle schools to partner with However, the FAA can’t require man- of consumer drones by requiring sen- postsecondary institutions and local ufacturers to print this type of infor- sible precautions to protect the safety businesses to develop and implement

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.025 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4302 CONGRESSIONAL RECORD — SENATE June 18, 2015 career and technical exploration pro- of discriminatory profiling. It holds po- Mr. DAINES. Mr. President, I ask grams. This legislation will provide lice departments accountable by re- unanimous consent that the text of the support for middle schools to create ca- quiring them to share officer training bill be printed in the RECORD. reer and technical education programs information, including how officers are There being no objection, the text of that will provide students with intro- trained in the use of force, racial and the bill was ordered to be printed in ductory courses, hands-on learning, or ethnic bias, de-escalating conflicts, and the RECORD, as follows: afterschool programs. Career guidance constructive engagement with the pub- S. 1628 and academic counseling is vital to en- lic. It also authorizes a grant program Be it enacted by the Senate and House of Rep- suring that our students understand to assist local law enforcement agen- resentatives of the United States of America in the educational requirements for high- cies in purchasing body-worn cameras. Congress assembled, growth, in-demand career fields. Many We need to look at how our sen- SECTION 1. PRESERVATION OF CURRENT BASIC times students receive this information tencing laws contribute to racial dis- ALLOWANCE FOR HOUSING FOR too late in their academic careers. CERTAIN MARRIED MEMBERS OF parity in our justice system. That is THE UNIFORMED SERVICES. We need to work to improve middle why this bill would reclassify specific, Notwithstanding any other provisions of school education to prepare students low-level, non-violent drug possession law, the amount of basic allowance for hous- for cutting-edge careers and expose felonies as misdemeanors. The bill also ing payable under section 403 of title 37, students to the variety of career path- eliminates the distinction between United States Code, as of September 30, 2015, ways. This legislation also requires crack and powder cocaine. to a member of the uniformed services who is that programs helps students draft a Finally, the bill authorizes $200 mil- married to another member of the uniformed high school graduation plan that dem- lion annually for the Department of services shall not be reduced unless— onstrates what courses would prepare Labor’s Reentry Employment Opportu- (1) the member and the member’s spouse undergo a permanent change of station re- them for a given career field. If we pro- nities Program through the Workforce quiring a change of residence; or vide youth with applied career explo- Investment Opportunity Act. This is (2) the member and the member’s spouse ration opportunities, they will be more important funding to give people a move into or commence living in on-base informed about future paths and what hand up—not a hand out. It also en- housing. they need to do to pursue them. I am courages the White House to ‘‘ban the f hopeful this bill will help highlight box’’ in the Federal contracting proc- current shortcomings in middle ess. This would allow employers to SUBMITTED RESOLUTIONS schools, and instigate further discus- eliminate questions about criminal sion on the importance of educating convictions on initial job applications. youth early on the multitude of edu- Baltimore has begun to heal. We will SENATE RESOLUTION 204—RECOG- cational and career pathways. come together as a community and a NIZING JUNE 20, 2015 AS ‘‘WORLD city to rebuild. But I do not want to REFUGEE DAY’’ By Mr. CARDIN (for himself and see another great American hometown Mr. CARDIN (for himself, Mr. RUBIO, Ms. MIKULSKI): follow in Baltimore’s footsteps. I urge Mr. LEAHY, Mr. DURBIN, Mr. MARKEY, S. 1610. A bill to eliminate racial my colleagues to support this legisla- Mrs. SHAHEEN, Mr. COONS, Mr. profiling by law enforcement officers, tion. BLUMENTHAL, Ms. BALDWIN, Mr. KAINE, promote accountability for State and Ms. STABENOW, Mrs. MURRAY, Mrs. local law enforcement agencies, re- By Mr. DAINES: BOXER, Mr. KING, Mr. BROWN, Mr. REED enfranchise citizens, eliminate sen- S. 1625. A bill to require a report on of Rhode Island, Mr. MENENDEZ, Mr. tencing disparities, and promote re- the location of C–130 Modular Airborne WYDEN, Ms. KLOBUCHAR, Mrs. FEIN- entry and employment programs, and Firefighting System units; to the Com- STEIN, and Mr. CASEY) submitted the for other purposes; to the Committee mittee on Armed Services. following resolution; which was re- on the Judiciary. Mr. DAINES. Mr. President, I ask ferred to the Committee on Foreign Ms. MIKULSKI. Mr. President, I have unanimous consent that the text of the Relations: introduced legislation along with Sen- ECORD bill be printed in the R . S. RES. 204 ator CARDIN called the Building And There being no objection, the text of Whereas World Refugee Day is a global day Lifting Trust In order to Multiply Op- the bill was ordered to be printed in portunities and Racial Equity, or the to honor the courage, strength, and deter- the RECORD, as follows: mination of women, men, and children who BALTIMORE Act. S. 1625 are forced to flee their homes under the The people of Sandtown-Winchester, Be it enacted by the Senate and House of Rep- threats of conflict, violence, and persecu- the people of Baltimore, and all Ameri- resentatives of the United States of America in tion; cans need to know they have a govern- Congress assembled, Whereas according to the United Nations High Commissioner for Refugees (referred to ment on their side. Right now there is SECTION 1. REPORT ON THE LOCATION OF C–130 a trust gap between the people and the MODULAR AIRBORNE FIREFIGHTING in this preamble as ‘‘UNHCR’’)— police department. SYSTEM UNITS. (1) there are nearly 60,000,000 displaced peo- Baltimore is my hometown. I have Not later than September 30, 2016, the Sec- ple worldwide, the highest levels ever re- corded, including almost 20,000,000 refugees, lived there all my life. But what hap- retary of the Air Force shall submit to Con- gress a report setting forth an assessment of 38,000,000 internally displaced people, and pened in Baltimore earlier this year 1,800,000 people seeking asylum; could have happened anywhere, in any- the locations of C–130 Modular Airborne Firefighting System (MAFFS) units. The re- (2) children account for 51 percent of the one’s hometown. I don’t want to see port shall include the following: refugee population in the world; this happen anywhere else. Where there (1) A list of the C–130 Modular Airborne (3) nearly 4,000,000 refugees have fled Syria is broken trust, we must rebuild it. Firefighting System units of the Air Force. since the start of the Syrian conflict and And where there is lost hope, we must (2) The utilization rates of the units listed more than 7,600,000 people are internally dis- restore it. under paragraph (1). placed; (4) approximately 1,325,000 people are dis- That is why I joined Senator CARDIN (3) A future force allocation determination with respect to such units in order to placed within Ukraine with approximately in introducing the BALTIMORE Act. 800,000 Ukrainians seeking protection in This bill is a package of reforms in- achieve the most efficient use of such units (4) An assessment of the feasibility and ad- other countries as a result of a worsening hu- tended to reestablish a sense of trust visability of modifications to the C–130 Mod- manitarian situation in nongovernment con- between communities and the police ular Airborne Firefighting System program trolled areas; departments that protect them. to enhance firefighting capabilities. (5) since April 2015, sporadic outbursts of First, the bill would ban discrimina- violence in Burundi have prompted more tory profiling by State and local law By Mr. DAINES: than 100,000 Burundians to flee to the neigh- enforcement based on race, ethnicity, S. 1628. A bill to preserve the current boring countries of Rwanda, Tanzania, Ugan- da, and the Democratic Republic of the religion, or national origin. The bill amount of basic allowance for housing Congo; makes sure that if police departments for certain married members of the (6) violent insurgent attacks in Nigeria are receiving Federal funding, they are uniformed services; to the Committee have forced 167,000 people to flee to the also adopting practices to cease the use on Armed Services. neighboring countries of Cameroon, Chad,

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.034 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4303 and Niger, and have internally displaced was the highest level recorded and ac- itarian assistance has grown to 8.2 mil- nearly 1,500,000 people; celerating fast, escalating to 60 million lion people. Three million people have (7) more than 88,000 women, men, and chil- last year from 51.2 million in 2013, and been forced from their homes. Half of dren, including many persecuted Rohingya refugees from Burma, have departed on a dramatic increase from the 37.5 mil- the displaced are children. smugglers’ boats from the Bay of Bengal lion of a decade ago. We are on course To the south, in Yemen, there is a since 2014, more than 1,000 of whom have died to over double the number of refugees grave and escalating humanitarian cri- at sea; worldwide. sis. The country was particularly vul- (8) as of June 2015, more than 100,000 refu- The increase since 2013 was the high- nerable even before this conflict. Now gees and migrants have crossed the Medi- est ever seen in a single year. civilians throughout the country are terranean Sea from North Africa and at least Syria is still the world’s largest pro- 1,800 women, men, and children have died facing alarming levels of suffering and during such crossings or are missing; ducer of internally displaced persons at violence. Over 1 million have been (9) more than 180,000 Iraqi refugees and 7.6 million and refugees at nearly 4 mil- forced from their homes and are now nearly 3,000,000 internally displaced Iraqis; lion. living in empty schools and other pub- (10) nearly 6,000,000 internally displaced Co- The 60 million that I previously men- lic buildings or along highways. lombians; tioned can be broken down to 20 mil- We are also witnessing religious and (11) nearly 700,000 South Sudanese refugees in neighboring countries; and lion refugees, over 38 million internally ethnic persecution become part of the (12) more than 465,000 refugees from the displaced persons, and 1.8 million asy- violent conflict that has pushed mil- Central African Republic; lum seekers. lions of people out of the regions of Whereas refugees who are women and girls The magnitude of the Syrian disaster Sub-Saharan Africa. The unfolding are often at a greater risk of sexual violence is perhaps the most shocking. After 4 human tragedy in South Sudan, which and exploitation, forced or early marriage, years of conflict, the situation is in- is perhaps the most frustrating to me, human trafficking, and other forms of gen- creasingly desperate for both the refu- never should have happened. The vio- der-based violence; gees and the host countries such as Whereas the United States provides crit- lence engulfing that small country is ical resources and support to the UNHCR and Jordan, Lebanon, Turkey, and northern entirely manmade and wholly the re- other international and nongovernmental or- Iraq. Since 2011, 4 million people have sponsibility of the President and oppo- ganizations working with refugees around fled Syria. The futures of over 3 million sition leader and their affiliate militias the world; and Syrian children have been stolen be- and armed groups. Whereas since 1975, the United States has cause they have no access to education. Each leader refuses to prioritize the welcomed more than 3,000,000 refugees who Over 2 million Syrian women are in the well-being of his own people and in- are resettled in communities across the neighboring countries trying to sur- stead continues to seek military ad- country: Now, therefore, be it Resolved, That the Senate— vive. Dangerous coping mechanisms vantage, violating multiple ceasefire (1) reaffirms the bipartisan commitment of are on the rise. More and more families agreements and refusing to meet nu- the United States to promote the safety, are forced to send their children to merous deadlines for reaching a peace health, and well-being of the millions of ref- work or marry off their young daugh- deal. It is hard to overstate the gravity ugees and displaced persons who flee war, ters. In the tiny country of Lebanon of conditions in South Sudan. I fear persecution, and torture in search of peace, alone, there are over 300,000 Syrian ref- there is no end in sight to the suffering hope, and freedom; ugee children who have no access to of the people there. (2) calls upon the United States Govern- school. The 18-month conflict in South ment— (A) to continue its international leadership It is hard to comprehend the demo- Sudan has already killed an estimated role in response to those who have been dis- graphic, economic, and social impact of 50,000 people and has displaced over 2 placed, including the most vulnerable popu- millions of refugees in Lebanon, Jor- million more, including one-half mil- lations who endure sexual violence, human dan, and Turkey. The number of refu- lion who fled to neighboring countries trafficking, forced conscription, genocide, gees in Lebanon will be equivalent to and over 120,000 sheltering in United and exploitation; and 88 million new refugees arriving in the Nations peacekeeping bases across the (B) to find political solutions to existing United States. Turkey has already country. A nationwide famine was conflicts and prevent new conflicts from be- spent $6 billion in direct assistance for averted in 2014, thanks largely to the ginning; (3) commends those who have risked their refugees in its care. At the same time, assistance from international commu- lives working individually and for the count- many countries in the West have been nity. less nongovernmental organizations and extraordinarily reluctant to admit the But the World Food Programme re- international agencies such as UNHCR that most vulnerable Syrians as refugees. cently warned that 4.6 million people, have provided life-saving assistance and While contributing generously to hu- nearly half the population, will need helped protect those displaced by conflict manitarian funding, the United States food aid by the end of this month. Con- around the world; and has only accepted about 900 Syrian ref- ditions in the country of Sudan are (4) reiterates the strong bipartisan com- ugees. Because Syrians are finding it hardly better for those affected by the mitment of the United States to protect and continuing conflict in Darfur. Attacks assist millions of refugees and other forcibly increasingly difficult to find safety, uprooted persons worldwide. they are being forced to move further on U.N. peacekeepers are on the rise in Darfur. Military offenses by the Khar- Mr. CARDIN. Mr. President, I rise afield. Since January, over 100,000 peo- toum have caused well over 50,000 peo- today to submit a resolution to mark ple, mostly from Syria, have crossed World Refugee Day, June 20, and to ad- the Mediterranean in boats in search of ple to flee their homes this year. The dress the growing global crisis of peo- protection in Europe—an extremely Khartoum has also expelled inter- ple forcibly displaced by persecution or dangerous journey. national nongovernmental organiza- conflict. We know that the Syrian humani- tions, NGOs, and is trying its best to According to the United Nations tarian disaster, which has destabilized drive out the U.N. peacekeeping mis- High Commissioner for Refugees, for an entire region, is not the accidental sion in Darfur. This number does not the first time since World War II, over byproduct of conflict. It is instead one include the hundreds of thousands of 60 million people have been forced from result of a strategy pursued by the people who have fled the violence in their homes and displaced in their own Assad regime. The United Nations the South Kordofan and Blue Nile countries or forced to flee abroad. Last Commission of Inquiry in Syria has states. But there has been little infor- year alone, 14 million people were up- documented that the Assad regime in- mation about conditions in govern- rooted by violence and persecution, tentionally engages in the indiscrimi- ment-held areas in both of these states, most escaping conflicts in Syria, Iraq, nate bombardment of homes, hospitals, as Sudan has not allowed human rights South Sudan, Ukraine, Burma, and Af- schools, and water and electrical facili- investigators access. ghanistan. There are more and more ties in order to terrorize the civilian In northeastern Nigeria, 1.5 million protracted crises, and the result is an population. ISIL and al-Nusra have people have fled their homes due to at- exponential increase in humanitarian also shelled areas with high concentra- tacks by the terrorist group Boko needs. tions of civilians. Haram. Boko Haram is estimated to The worldwide displacement from In Syria’s neighbor next door, Iraq, have killed over 12,000 people, kid- wars, conflict, and persecution in 2014 the number of people requiring human- napped thousands, including 276 girls

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.045 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4304 CONGRESSIONAL RECORD — SENATE June 18, 2015 from the Chibok School whose where- bility for millions of people being up- Peter Keny, one of the ‘‘Lost Boys’’ abouts remain unknown. rooted from their homes. They accept of South Sudan, is one of those inspir- Over 74,000 Nigerians are refugees in forced displacement, with an impact on ing refugees who escaped a civil war in Cameroon, another 100,000 refugees are individuals, on countries, commu- his home country and has rebuilt his in the area. The global refugee trends nities, and entire regions, as normal life in my home State of Vermont. He are indeed alarming. The international collateral damage of the wars they is just one of thousands of refugees assistance being provided is not keep- lead. Vermonters have welcomed over the ing pace with the scale of the problem. They act with the conviction that years. Peter was 19 when he came to For example, almost halfway through humanitarian workers will come and Burlington in 2001, and in the years 2015, the United Nation’s humanitarian pick up the pieces. It is clear the inter- since he has learned English, com- appeal for Syria is only 20 percent national humanitarian community can pleted high school, and is earning a col- funded. Yet, in the spirit of World Ref- no longer stanch the human misery lege degree. In describing his voyage to ugee Day, we must redouble our efforts brought on by this callous indifference the United States and ultimately to to prevent conflicts that force families and criminal leadership. The inter- Vermont, Peter told ‘‘The Burlington to flee their homes, villages, and cities. national community must hold those Free Press’’ that arriving here ‘‘was We must also then create the condi- responsible accountable, those who like a dream come true.’’ I ask unani- tions to get these refugees safely back break all the rules in pursuit of their mous consent to have printed in the home. war aims. RECORD the article, ‘‘A Found Man Re- First, we need to ask ourselves hard To that end, it was a grave mistake turns to South Sudan.’’ questions about how we can increase that between October 2011 and July I am proud of Vermont’s long history the effectiveness of the assistance we 2012, Russia and China vetoed three Se- of supporting refugees by opening its provide. Most refugees live in urban curity Council resolutions which were communities, schools, and homes to areas, not in traditional refugee camps. designed to hold the Syrian Govern- those in need. It is not always easy, but Refugees who live in cities face unique ment to account for its mass atroc- it is a powerful example of our belief in vulnerabilities, which must change ities. It was also unfortunate that Su- the most basic ideals of human dignity how international assistance is now danese President Umar al-Bashir was and hope, and our commitment to re- being given. Moreover, protracted cri- allowed to depart South Africa earlier sponding to the suffering of others. We ses are the new normal. Seventy-five this week without being detained are fortunate to have remarkable orga- percent of the world refugees are again, escaping an arrest warrant from nizations like the Vermont Refugee Re- caught in long-term crisis situations, the International Criminal Court, settlement Program leading the effort with many refugees displaced for an av- where he would be on trial for crimes with its decades of experience and erage of 17 years. We need to use our against humanity in Darfur. award-winning volunteer program, and humanitarian and development dollars In closing, we must recognize that as the tremendous legal advocacy pro- more skillfully so we are providing du- these conflicts proliferate, no corner of vided by the Vermont Immigration and rable solutions to chronic vulnerabili- the world will be left unaffected. On Asylum Advocates. The hard work of ties. World Refugee Day, we recognize that these and other organizations and the Second, the international community every person fleeing his or her home daily welcoming gestures of must get serious about protecting the deserves compassion and help and to Vermonters all over the State have most vulnerable refugees: women and live in safety and dignity. We must re- made Vermont a role model for the rest children. Women are facing horrible commit to work smarter and harder to of the country. threats in conflicts across the globe, assist the world’s most vulnerable peo- On this year’s World Refugee Day, it where rape and sexual assault are being ple. is also important to acknowledge that used as weapons of war, and as vulner- Next year on this day, I want to there is more that we as a country can able refugees they continue to be tar- stand before the Senate again and and must do. I remain deeply con- gets of gender-based violence. More- speak of the progress we have made cerned about the administration’s ex- over, children now make up half of all and the lives we have saved by our col- panded family detention policy. The refugees worldwide. We must do more lective efforts. History will judge us ac- women and children it is placing in to protect them from sexual exploi- cordingly if we fail. prolonged detention have fled extreme tation and abuse, recruitment as child f violence and persecution in Central America. They come seeking refuge soldiers, and early marriages. The WORLD REFUGEE DAY United Nations Population Fund, from three of the most dangerous coun- Mercy Corps, the International Rescue Mr. LEAHY. Mr. President, the tries in the world, countries where Committee, and Catholic Relief Serv- United States has long been a safe and women and girls face shocking rates of ices know how to provide targeted sup- welcoming home for those fleeing per- domestic and sexual violence and mur- port and protection to women and chil- secution around the world. The refu- der. Here in the United States, we re- dren refugees, but we in the inter- gees and asylum seekers who join our cently celebrated the 20th anniversary national community must fund them communities help to create new busi- of the Violence Against Women Act, a adequately to do the job. nesses, build more vibrant neighbor- law we hold out as an example of our Third, we must strengthen the capac- hoods, and enrich us all. They are also commitment to take these crimes seri- ity of U.N. peacekeeping. As David a reminder of our history as a nation of ously and to protect all victims. The Miliband, former British Foreign Sec- immigrants and our American values ongoing detention of asylum-seeking retary, now head of the International of generosity and compassion. Satur- mothers and children who have made Rescue Committee noted: day marks World Refugee Day, and to credible claims that they have been honor it we must renew our commit- victims of these very same crimes is At a time of cuts in defense budgets, new and asymmetric threats, and record numbers ment to the ideal of America as a bea- unacceptable. I again urge the adminis- of people fleeing conflict, the case of con of hope for so many who face tration to end the misguided policy of strengthened and more fairly shared UN human rights abuses abroad. family detention. peacekeeping is overwhelming. Peace- Millions of refugees remain displaced We must also do more to address the keepers, properly resourced and led, have and warehoused in refugee camps in humanitarian crisis in Syria. Almost 4 never been more needed and the con- Eastern Africa, Southeast Asia, and million Syrians are officially recog- sequences of inaction never more evident. other parts of the world. Ongoing polit- nized as refugees by the UN High Com- Finally, we must do more to hold ac- ical struggles and military conflicts in missioner for Refugees (UNHCR). The countable the leaders who are respon- the Middle East and North Africa are vast majority of these are women and sible for mass humanitarian atrocities. dislocating large populations. Too children, including hundreds of thou- The U.N. Commissioner for Refugees many are without their families or safe sands of children under the age of 5. recently commented that he continues places to find refuge. Some, though far The United States traditionally ac- to be shocked by the indifference of too few, have been able to flee and re- cepts at least 50 percent of resettle- those who carry the political responsi- build their lives. ment cases from UNHCR. However, we

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.044 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4305 have accepted only approximately 700 Around five o’clock, the boys heard gunfire Kakuma camp. Riak had joined the Sudanese refugees since the beginning of the Syr- and saw smoke in the village’s direction. army and had been granted a one-month ian conflict, an unacceptably low num- They rushed toward home but were inter- leave. The brothers had not seen each other ber. cepted by a villager who told them returning in nine years. was unsafe. The boys, some of whom were ‘‘It was one of the best days of my life, Congress also plays an important Keny’s cousins, hid along a riverbank that after going all that time without seeing my role. Soon I will reintroduce the Ref- night. Keny would never again see his par- family,’’ Keny said. ugee Protection Act to improve protec- ents. But the reunion was bittersweet. Riak tions for refugees and asylum seekers For most of the past 60 years, Sudan has brought news Keny had long feared: Their and provide additional support and im- been engulfed in civil war. By 1989, the Sec- parents and brother were killed in the war, provement to the national resettle- ond Sudanese Civil War already had raged and remaining brother had died of disease. for six years. When war ended in 2005, 1 mil- Keny was devastated, but relieved finally to ment program and groups such as the know the fate of his family. Riak tried to lift Vermont Refugee Resettlement Pro- lion to 2 million people were dead and an- other 2 million were displaced. Many of those his spirits. gram. This bill, which I have long killed or displaced were from the Dinka ‘‘He was like, ‘Look, this is what it is. championed with Representative ZOE tribe. Someone has to die for someone to live. If we LOFGREN, reaffirms the commitments As a child Keny knew about the war, but all had to die, and you lived, that’s the best made in ratifying the 1951 Refugee Con- until that day in 1989, fighting had never we can do,’ ’’ Keny recalled his brother say- ing. vention, and will help to restore the come to Kalthok. ‘‘We were all the way to the south of the Riak and Peter spent several weeks to- United States to its rightful role as a gether, until the soldier’s leave expired and safe and welcoming home for those suf- country, and the government militia did not have a problem with the local people,’’ Keny he returned to war. Keny never again saw his fering from persecution around the recalled in a recent interview in Burlington. brother. Riak died in 2006 after he succumbed to injuries received years earlier. world. ‘‘There was no tension.’’ As we pause to take stock on World Unable to return to their village, Keny and A NEW LIFE IN AMERICA Refugee Day, let each of us reflect on his friends faced a harrowing journey. The In 2001, when he was 19, Keny moved to the what this great country means to those morning after the attack on Kalthok, the U.S. through the federal Office of Refugee escaping persecution. Let us now and boys crossed the river and joined a larger Resettlement. He had several cities to choose among, but he picked Burlington be- always live by and burnish the light of group of refugees who were walking east, away from the fighting. They walked each cause his cousin Abraham Awolich already Lady Liberty’s torch, our eternal bea- day until their legs could carry them no far- had settled there. Five others from the con of hope to those struggling to ther. Each time the boys stopped to rest, Kakuma camp came with him. breathe free. they feared lion attacks and roaming mili- For the first time in his life, Keny thought There being no objection, the mate- tias, which abducted children to use as sol- about his future. rial was ordered to be printed in the diers. Keny was shoeless and without a ‘‘It was like a dream that had come true,’’ change of clothing. He thought only of how he said. ‘‘I felt like this is the moment, if I RECORD, as follows: don’t have my parents, maybe in the future [From the Burlington Free Press, June 7, to survive another day. ‘‘The worry was, ‘Are you going to make it I’ll be able to meet my extended family. 2015] to the next town?’ ’’ he recalled. ‘‘You fo- Maybe I would be able to do something that A FOUND MAN RETURNS TO SOUTH SUDAN cused on living to the next day, and that’s my family would remember me.’’ In the U.S., Keny became proficient in (By Zach Despart) all. There was nothing else you could do.’’ The Sudanese government was able to dis- English, earned a high school degree and Peter Keny sat on the side of the road in dreamed of attending college. tribute grain to fleeing refugees. Keny and late December as the sun disappeared behind Now 32, Keny lives in a small apartment on others received two cups each, which they the acacia trees. He had traveled more than Front Street in Burlington with three other 7,000 miles from Burlington, only to be made last as long as they could. Keny had Lost Boys who immigrated to the U.S. He stranded just north of the South Sudanese nowhere to put the grain, so he wrapped it works as a janitor for the University of capital of Juba. carefully in his shirt. When the grain ran Vermont, where he cleans the athletic com- The taxi he hired an hour earlier had bro- out, the boys foraged for wild fruit and ber- plex from 10 p.m. to 6:30 a.m., five days a ken down, and he was still 50 miles south of ries whenever they stopped to rest. week. When school is in session, he attends his destination, his native village of Keny said he was among an estimated classes during the day, where he is a decade Kalthok. The driver walked back to Juba 20,000 ‘‘Lost Boys of Sudan’’—children sepa- older than his peers. In the next year and a five hours earlier and had yet to return. rated from their parents during the war. As half, he hopes to complete a degree in com- Keny took another delay in stride, as he many as half died of disease and starvation munity development and applied economics. had waited to return home since fleeing his during the journey to refugee camps. Keny is able to cram in only a few hours of country’s civil war 25 years earlier. That After traveling several hundred miles over sleep before walking uphill to class, but he decade-long journey, forged in tragedy and three months, Keny crossed from Sudan into said he must work to afford tuition if he ever perseverance, took Keny on a dangerous trek Ethiopia and settled with others at Dimma, hopes to find a better-paying job. through the Sudanese bush to a series of ref- a refugee camp established by the Ethiopian ‘‘It’s about being willing,’’ he said, sitting ugee camps and, finally, to a new start in government in 1986 to handle an enormous on the front porch of his home. ‘‘If I don’t do America. influx of Sudanese refugees. it, I will be stuck here. I just tell myself I For most of his life, Keny has straddled Keny remained at Dimma for about a year, have to do it. Otherwise I don’t have op- two worlds. Each day he reconciles his life of until spring 1991, when rebels overthrew tions.’’ opportunity in the United States with a Ethiopia’s government in a coup. The boys Ever since moving to the U.S., Keny al- longing for his war-torn homeland. For fled back across the border and camped near ways hoped return to visit Kalthok. He was years, Keny balanced work to put himself the Sudanese community of Pakok until able to contact several uncles by telephone through school and to save for a trip to 1992, when the United Nations moved thou- in 2002 and remained in touch with relatives Kalthok, the village of his brief childhood sands of refugees to the newly opened regularly. He secured a travel visa in 2006 and keeper of the only memories of his par- Kakuma refugee camp in Kenya. Keny would but was unable to use it, because a trip ents. live there for nine years. would have interrupted his studies at com- Exhausted from two flights and a 12-hour At the Kakuma camp, Keny learned munity college. bus ride from Uganda, Keny tried to imagine English and went to school daily. He said ‘‘The biggest fact was that I was struggling what the reunion would be like. As he peered U.N. staff members encouraged the boys to with my education,’’ Keny said. ‘‘Every time through darkness toward Kalthok, he won- settle into a routine. But he could not stop I’d say, ‘If I go home while I’m trying to dered if anyone would remember him. thinking about his family. Keny said some of complete this process, I might fall behind.’ ’’ the Lost Boys tried to find their way back to While studying, Keny kept abreast of news A CHILD OF WAR their villages, but he judged the trip back to back home. Keny was born in Kalthok in 1982, the Kalthok too dangerous. Refugees at Kakuma In 2005, civil war ended with a peace agree- youngest of four sons. He lived with his relied on new arrivals and wounded soldiers ment that many Sudanese hoped finally mother and father, who like many in the vil- seeking care at the U.N. hospital for news would put an end to violence that had torn lage were sorghum farmers. The Kenys be- about the war. apart the country for half a century. In 2011, longed to the Dinka tribe, the largest ethnic ‘‘The hope was that I would see someone southern Sudanese voted overwhelmingly to group in southern Sudan. from my village, so I might ask the situation break off from the north to form a new na- In November 1989, farmers had finished the of my family,’’ Keny said. ‘‘But no one ever tion, South Sudan. The fragile peace col- annual harvest as the wet season came to a showed up. It was very difficult for me. I lapsed two years later, when South Sudan close. One afternoon, 6–year-old Keny and a never knew whether someone was still there plunged into civil war. Keny said Kalthok group of boys played on the banks of the or not.’’ has so far been spared heavy violence, but White Nile north of Kalthok, as they often Keny received a surprise in 1998, when his the community is inundated with refugees did when little else occupied their time. oldest brother, Riak, found him at the again fleeing to the east.

VerDate Sep 11 2014 05:56 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.055 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4306 CONGRESSIONAL RECORD — SENATE June 18, 2015 Finally, in 2014, Keny acquired a new visa operational. He worries war will come again Whereas for the first time in 77 years, the and was able to raise enough money for the to the village. Blackhawks fans saw their heroes win the costly trip, which required a stopover in Eu- ‘‘I see myself living in two worlds, here and Stanley Cup on home ice; rope. South Sudan,’’ he said. ‘‘I want to help my Whereas the Blackhawks began the play- RETURN TO SOUTH SUDAN people in any form they need. If I ever get offs with a double-overtime victory against the Nashville Predators; Even after dusk in December, the air was married, maybe I would bring my wife over.’’ Keny talks to his uncles regularly. A con- Whereas a goal scored by Brent Seabrook still humid. Keny’s driver returned around 7 sequence of war, inflation has made staple in triple-overtime of Game 4 helped the p.m. with tools, but couldn’t fix the car. goods too expensive for many villagers. A Blackhawks defeat the Predators in 6 games; Keny planned to spend the night on the side drought has raised the prospect of crop fail- Whereas a sweep of the Minnesota Wild fol- of the road and at dawn walk back to Juba. ure. lowed in the second round of the playoffs, He lay down in the brush, careful not to ‘‘This month they are supposed to cul- setting up a showdown with the Anaheim wrinkle the dress shirt and slacks he had put tivate, but there is no rain,’’ he said, refer- Ducks in the Western Conference Finals; on for the reunion. ring to May. Whereas the Blackhawks earned triple and Keny was comforted that he at least had Keny wants to help his countrymen and double-overtime victories against the Ana- company: Some of his cousins, who met him -women in Vermont. More than 150 Sudanese heim Ducks in Games 2 and 4 on their way to at the bus station in Juba, agreed to wait have resettled in Burlington since the late winning the series in 7 games and clinching until another ride could be arranged. 1990s, and many have started families here. Around midnight, Keny’s fortunes turned. a berth in the Stanley Cup Finals; Keny said the small community rents out A Somali trader came upon him and agreed Whereas the Blackhawks followed a famil- local halls and churches to meet and cele- to drive him to Kalthok. As he braced him- iar pattern in dropping Games 2 and 3 of the brate holidays such as South Sudan’s Inde- self for potholes that shook the vehicle, Stanley Cup Finals against the Tampa Bay pendence Day. Keny tried to piece together fragmented Lightning, but took a 3-2 series lead into Keny hopes to help lease or purchase a per- memories of his youth. Game 6 on home ice on the night of Monday, ‘‘Will I remember anyone in the village? manent home to aid local Sudanese in pre- June 15, 2015; Will I remember the places I used to know? serving their culture. He said parents are Whereas in another close contest, Patrick Is life still the same as when I left? All those concerned children will forget tribal lan- Kane scored a goal during Game 6 that questions were on my mind,’’ Keny said. guages when they speak English outside the marked the first time either team led by Although the trip was only 55 miles, the home. more than 1 goal in the series; roads were in such poor condition that Keny Keny reflects on what his life would have Whereas it was a great night for fans of the arrived in Kalthok at 5 a.m. It was Christ- been like if he never had the opportunity to Blackhawks and the culmination of a tre- mas morning. He was exhausted and hoped to immigrate to the United States. If he stayed mendous team effort; find somewhere to sleep, but he found the en- in South Sudan, Keny believes he likely Whereas Antoine Vermette, acquired at tire village had stayed up waiting for him in would have been killed in the war or con- the trade deadline, scored 2 game-winning the church. scripted into the army. He said he feels goals in the Stanley Cup Finals; ‘‘They were singing and dancing and pray- blessed to have been given the chance to Whereas Goaltender Scott Darling, when ing for us, because they heard we had car start a new life here, because so many Suda- called upon in relief of Corey Crawford, stood trouble,’’ Keny said. nese never had that option. tall in net when his team needed him the At 8 a.m., Kalthok’s villagers held a wel- ‘‘It gave me the chance to look at the most against the Predators; come ceremony. Keny said he recognized world differently,’’ he said. ‘‘I have people Whereas Duncan Keith was an ‘‘ironman’’, only a few faces, his maternal and paternal who support me, and even though I do not earning the Conn Smythe Trophy for Most uncles. But all the village elders remembered yet have a college degree, I feel I’ve learned Valuable Player in the playoffs while logging him. enough to help myself and help my people.’’ more than 700 minutes of ice time in 23 ‘‘They said, ‘You look just like you did Keny often thinks of his brothers and par- games; when you left,’ ’’ he recalled. ‘‘There was a ents. In their memory, he wants to make the Whereas Niklas Hjalmarsson blocked shots lot of emotional reaction. They talked about most of opportunities he now has. left and right and seemed to be in the right my family, my mom and my dad.’’ ‘‘You have this feeling that for the rest of place at all times; Keny stood at the front of the sanctuary to your life, you’re going to be living knowing Whereas General Manager Stan Bowman, greet the hundreds of villagers who came to that you don’t have someone you’d be taking Head Coach Joel Quenneville, President John see him. After daybreak they took him care of,’’ he said. ‘‘I just want to make sure F. McDonough, and owner Rocky Wirtz have around Kalthok, but Keny couldn’t pick out I live a better life, and live it in a peaceful put together and led one of the greatest dy- any landmarks. way.’’ nasties in NHL history; He asked his cousins to take him to a lake f Whereas the Stanley Cup returns to the City of Chicago and gives Blackhawks fans with a waterfall he remembered from child- SENATE RESOLUTION 205—CON- hood. From there he looked back toward the across the State of Illinois a chance to cele- village, and memories came back to him. He GRATULATING THE CHICAGO brate championship hockey; was able to point out his uncles’ houses. BLACKHAWKS ON WINNING THE Whereas the Nashville Predators, Min- ‘‘They said, ‘Yes, you now know. You rec- 2015 STANLEY CUP nesota Wild, Anaheim Ducks, and Tampa ognize this place,’ ’’ Keny said. Mr. DURBIN (for himself and Mr. Bay Lightning proved to be worthy and hon- Instead of having Keny stay in one of his orable adversaries and also deserve recogni- uncles’ homes, villagers arranged for him to KIRK) submitted the following resolu- tion: Now, therefore, be it sleep in the church. Each evening for the tion; which was considered and agreed Resolved, That the Senate— three weeks he was in Kalthok, villagers set to: (1) congratulates the Chicago Blackhawks up tents and slept outside the church to be S. RES. 205 on winning the 2015 Stanley Cup; (2) commends the fans, players, and man- closer to their returned son. Keny said many Whereas, on June 15, 2015, the Chicago agement of the Tampa Bay Lightning for an were surprised he came back after settling Blackhawks Hockey Team won the Stanley outstanding series; and into a prosperous life in the U.S. Cup; (3) respectfully directs the Secretary of the ‘‘They thought I would never go back, be- Whereas the 2015 Stanley Cup title is the Senate to transmit an enrolled copy of this cause I don’t have a living parent anymore,’’ third Stanley Cup title for the Blackhawks resolution to the 2015 Chicago Blackhawks Keny said. ‘‘But they still believe I belong to in 6 years; hockey organization and Blackhawks owner the village.’’ Whereas Blackhawks fans at the ‘‘Mad- Rocky Wirtz. Keny had another reason to return to house on Madison’’ witnessed Duncan Keith Kalthok, beside visiting relatives. He wanted and Patrick Kane score show-stopping goals f to ensure success of the local clinic the while goaltender Corey Crawford seemed to Sudan Development Foundation, a Bur- SENATE RESOLUTION 206—CON- stand on his head at times, stopping all 25 GRATULATING THE GOLDEN lington nonprofit, helped fund. The clinic is shots he faced; vital to Kalthok, Keny said. In South Sudan, Whereas the Blackhawks won their sixth STATE WARRIORS FOR WINNING some villages are more than 100 miles from a Stanley Cup, tying the Boston Bruins for THE 2015 NATIONAL BASKETBALL hospital. South Sudan’s infrastructure is so fourth on the franchise list of most titles ASSOCIATION CHAMPIONSHIP poor this can mean several days of traveling won; Mrs. BOXER (for herself and Mrs. on foot. Whereas the Blackhawks joined the Na- Keny returned to Vermont in mid-January. FEINSTEIN) submitted the following res- tional Hockey League (referred to in this olution; which was considered and He said leaving his uncles and cousins was preamble as ‘‘NHL’’) in 1926 and have a rich difficult, but his visa expired after 30 days. history in the NHL; agreed to: STRADDLING TWO WORLDS Whereas the Blackhawks were 1 of the 6 S. RES. 206 The son of Kalthok said he is unsure if he original teams in the NHL; Whereas, on June 16, 2015, the Golden State will ever move back to South Sudan. Keny Whereas the Blackhawks won the Stanley Warriors won their second National Basket- wants to help Kalthok and keep the clinic Cup in 1934, 1938, 1961, 2010, and 2013; ball Association (referred to in this preamble

VerDate Sep 11 2014 06:14 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.060 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4307 as the ‘‘NBA’’) Championship as a California by Mr. MCCONNELL to the bill H.R. 1295, tend the African Growth and Oppor- team by defeating the Cleveland Cavaliers supra. tunity Act, the Generalized System of with a score of 105-97 in the sixth game of the SA 2069. Mr. MCCONNELL proposed an Preferences, the preferential duty NBA Finals; amendment to amendment SA 2068 proposed treatment program for Haiti, and for Whereas during the 2015 NBA playoffs, the by Mr. MCCONNELL to the amendment SA other purposes; as follows: Warriors defeated the New Orleans Pelicans, 2067 proposed by Mr. MCCONNELL to the bill the Memphis Grizzlies, the Houston Rockets, H.R. 1295, supra. In lieu of the matter proposed to be in- serted, insert the following: and the Cleveland Cavaliers en route to the f NBA Championship; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Whereas during the playoffs, the Golden TEXT OF AMENDMENTS (a) SHORT TITLE.—This Act may be cited as State Warriors twice overcame 2-1 series the ‘‘Trade Preferences Extension Act of SA 2060. Mr. MCCONNELL proposed 2015’’. deficits and, in both series, responded with 3 an amendment to the bill H.R. 2146, to straight victories to win the series; (b) TABLE OF CONTENTS.—The table of con- Whereas in the regular season, the War- amend the Internal Revenue Code of tents for this Act is as follows: riors won a league-best 67 games; 1986 to allow Federal law enforcement Sec. 1. Short title; table of contents. Whereas all 15 players on the 2014-2015 War- officers, firefighters, and air traffic TITLE I—EXTENSION OF AFRICAN riors roster should be congratulated, includ- controllers to make penalty-free with- GROWTH AND OPPORTUNITY ACT ing NBA Finals MVP Andre Iguodala, the drawals from governmental plans after Sec. 101. Short title. NBA regular season MVP Stephen Curry, as age 50, and for other purposes; as fol- Sec. 102. Findings. well as, Leandro Barbosa, Harrison Barnes, lows: Sec. 103. Extension of African Growth and Andrew Bogut, Festus Ezeli, Draymond Opportunity Act. At the end add the following. Green, Justin Holiday, Ognjen Kuzmic, Sec. 104. Modifications of rules of origin for ‘‘This Act shall take effect 1 day after the David Lee, Shaun Livingston, James Michael duty-free treatment for articles date of enactment.’’ McAdoo, Brandon Rush, Marreesse Speights, of beneficiary sub-Saharan Af- and Klay Thompson; rican countries under General- Mr. MCCONNELL proposed Whereas first-year coach, Steve Kerr, did a SA 2061. ized System of Preferences. tremendous job leading the Warriors to the an amendment to amendment SA 2060 Sec. 105. Monitoring and review of eligi- NBA Title and, through his coaching, built a proposed by Mr. MCCONNELL to the bill bility under Generalized Sys- team that is the best in the NBA; and H.R. 2146, to amend the Internal Rev- tem of Preferences. Sec. 106. Promotion of the role of women in Whereas the fans of the Warriors have been enue Code of 1986 to allow Federal law social and economic develop- ever-loyal in their support of the team, wait- enforcement officers, firefighters, and ment in sub-Saharan Africa. ing 40 years for their second NBA title, but air traffic controllers to make penalty- Sec. 107. Biennial AGOA utilization strate- can now again call their team a champion: free withdrawals from governmental gies. Now, therefore, be it plans after age 50, and for other pur- Sec. 108. Deepening and expanding trade and Resolved, That the Senate— poses; as follows: investment ties between sub- (1) congratulates the Golden State War- Saharan Africa and the United In the amendment riors for winning the 2015 National Basket- States. ball Association Championship because of Strike ‘‘1 day’’ and insert ‘‘2 days’’ Sec. 109. Agricultural technical assistance their selfless teamwork; for sub-Saharan Africa. (2) recognizes the achievements of all the SA 2062. Mr. MCCONNELL proposed Sec. 110. Reports. players, coaches, and staff who contributed an amendment to the bill H.R. 2146, to Sec. 111. Technical amendments. to the 2014-2015 season; and amend the Internal Revenue Code of Sec. 112. Definitions. (3) celebrates the unique contributions of 1986 to allow Federal law enforcement TITLE II—EXTENSION OF GENERALIZED the Warriors fan base, who, through its officers, firefighters, and air traffic SYSTEM OF PREFERENCES unremitting and vocal support of the War- controllers to make penalty-free with- Sec. 201. Extension of Generalized System of riors came to be known as ‘‘Dub Nation’’. drawals from governmental plans after Preferences. f Sec. 202. Authority to designate certain cot- age 50, and for other purposes; as fol- ton articles as eligible articles AMENDMENTS SUBMITTED AND lows: only for least-developed bene- PROPOSED At the end add the following. ficiary developing countries ‘‘This Act shall take effect 3 days after the SA 2060. Mr. MCCONNELL proposed an under Generalized System of amendment to the bill H.R. 2146, to amend date of enactment’’ Preferences. the Internal Revenue Code of 1986 to allow Sec. 203. Application of competitive need Federal law enforcement officers, fire- SA 2063. Mr. MCCONNELL proposed limitation and waiver under fighters, and air traffic controllers to make an amendment to amendment SA 2062 Generalized System of Pref- penalty-free withdrawals from governmental proposed by Mr. MCCONNELL to the bill erences with respect to articles plans after age 50, and for other purposes. H.R. 2146, to amend the Internal Rev- of beneficiary developing coun- tries exported to the United SA 2061. Mr. MCCONNELL proposed an enue Code of 1986 to allow Federal law States during calendar year amendment to amendment SA 2060 proposed enforcement officers, firefighters, and by Mr. MCCONNELL to the bill H.R. 2146, 2014. air traffic controllers to make penalty- Sec. 204. Eligibility of certain luggage and supra. free withdrawals from governmental travel articles for duty-free SA 2062. Mr. MCCONNELL proposed an amendment to the bill H.R. 2146, supra. plans after age 50, and for other pur- treatment under the General- ized System of Preferences. SA 2063. Mr. MCCONNELL proposed an poses; as follows: amendment to amendment SA 2062 proposed In the instructions TITLE III—EXTENSION OF PREF- by Mr. MCCONNELL to the bill H.R. 2146, Strike ‘‘3 days’’ and insert ‘‘4 days’’ ERENTIAL DUTY TREATMENT PRO- supra. GRAM FOR HAITI SA 2064. Mr. MCCONNELL proposed an SA 2064. Mr. MCCONNELL proposed Sec. 301. Extension of preferential duty amendment to amendment SA 2063 proposed an amendment to amendment SA 2063 treatment program for Haiti. by Mr. MCCONNELL to the amendment SA proposed by Mr. MCCONNELL to the TITLE IV—EXTENSION OF TRADE 2062 proposed by Mr. MCCONNELL to the bill amendment SA 2062 proposed by Mr. ADJUSTMENT ASSISTANCE H.R. 2146, supra. MCCONNELL to the bill H.R. 2146, to Sec. 401. Short title. SA 2065. Mr. MCCONNELL (for himself and Sec. 402. Application of provisions relating Mr. HATCH) proposed an amendment to the amend the Internal Revenue Code of to trade adjustment assistance. bill H.R. 1295, to extend the African Growth 1986 to allow Federal law enforcement Sec. 403. Extension of trade adjustment as- and Opportunity Act, the Generalized Sys- officers, firefighters, and air traffic sistance program. tem of Preferences, the preferential duty controllers to make penalty-free with- Sec. 404. Performance measurement and re- treatment program for Haiti, and for other drawals from governmental plans after porting. purposes. age 50, and for other purposes; as fol- Sec. 405. Applicability of trade adjustment assistance provisions. SA 2066. Mr. MCCONNELL proposed an lows: amendment to amendment SA 2065 proposed Sec. 406. Sunset provisions. by Mr. MCCONNELL (for himself and Mr. In the amendment Sec. 407. Extension and modification of HATCH) to the bill H.R. 1295, supra. Strike ‘‘4 days’’ and insert ‘‘5 days’’ Health Coverage Tax Credit. SA 2067. Mr. MCCONNELL proposed an TITLE V—IMPROVEMENTS TO ANTI- amendment to the bill H.R. 1295, supra. SA 2065. Mr. MCCONNELL (for him- DUMPING AND COUNTERVAILING DUTY SA 2068. Mr. MCCONNELL proposed an self and Mr. HATCH) proposed an LAWS amendment to amendment SA 2067 proposed amendment to the bill H.R. 1295, to ex- Sec. 501. Short title.

VerDate Sep 11 2014 06:14 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0655 E:\CR\FM\A18JN6.043 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4308 CONGRESSIONAL RECORD — SENATE June 18, 2015 Sec. 502. Consequences of failure to cooper- development in Africa, and diversify sources can country for purposes of any determina- ate with a request for informa- of growth in sub-Saharan Africa. tion to provide duty-free treatment with re- tion in a proceeding. (7) To that end, implementation of the spect to such article.’’. Sec. 503. Definition of material injury. Agreement on Trade Facilitation of the (c) MODIFICATIONS TO THE HARMONIZED TAR- Sec. 504. Particular market situation. World Trade Organization would strengthen IFF SCHEDULE.—The President may proclaim Sec. 505. Distortion of prices or costs. regional integration efforts in sub-Saharan such modifications as may be necessary to Sec. 506. Reduction in burden on Depart- Africa and contribute to economic growth in the Harmonized Tariff Schedule of the ment of Commerce by reducing the region. United States (HTS) to add the special tariff the number of voluntary re- (8) The elimination of barriers to trade and treatment symbol ‘‘D’’ in the ‘‘Special’’ sub- spondents. investment in sub-Saharan Africa, including column of the HTS for each article classified Sec. 507. Application to Canada and Mexico. high tariffs, forced localization require- under a heading or subheading with the spe- TITLE VI—TARIFF CLASSIFICATION OF ments, restrictions on investment, and cus- cial tariff treatment symbol ‘‘A’’ or ‘‘A*’’ in CERTAIN ARTICLES toms barriers, will create opportunities for the ‘‘Special’’ subcolumn of the HTS. workers, businesses, farmers, and ranchers in (d) EFFECTIVE DATE.—The amendments Sec. 601. Tariff classification of recreational made by subsections (a) and (b) take effect performance outerwear. the United States and sub-Saharan African countries. on the date of the enactment of this Act and Sec. 602. Duty treatment of protective ac- apply with respect to any article described in tive footwear. (9) The elimination of such barriers will improve utilization of the African Growth section 503(b)(1)(B) through (G) of the Trade TITLE VII—MISCELLANEOUS and Opportunity Act and strengthen regional Act of 1974 that is the growth, product, or PROVISIONS and global integration, accelerate economic manufacture of a beneficiary sub-Saharan Sec. 701. Report on contribution of trade growth in sub-Saharan Africa, and enhance African country and that is imported into preference programs to reduc- the trade relationship between the United the customs territory of the United States ing poverty and eliminating States and sub-Saharan Africa. on or after the date that is 30 days after such hunger. SEC. 103. EXTENSION OF AFRICAN GROWTH AND date of enactment. TITLE VIII—OFFSETS OPPORTUNITY ACT. SEC. 105. MONITORING AND REVIEW OF ELIGI- (a) IN GENERAL.—Section 506B of the Trade BILITY UNDER GENERALIZED SYS- Sec. 801. Customs user fees extension. TEM OF PREFERENCES. Sec. 802. Additional customs user fees exten- Act of 1974 (19 U.S.C. 2466b) is amended by striking ‘‘September 30, 2015’’ and inserting (a) CONTINUING COMPLIANCE.—Section sion. 506A(a)(3) of the Trade Act of 1974 (19 U.S.C. Sec. 803. Time for payment of corporate esti- ‘‘September 30, 2025’’. (b) AFRICAN GROWTH AND OPPORTUNITY 2466a(a)(3)) is amended— mated taxes. ACT.— (1) by striking ‘‘If the President’’ and in- Sec. 804. Payee statement required to claim (1) IN GENERAL.—Section 112(g) of the Afri- serting the following: certain education tax benefits. can Growth and Opportunity Act (19 U.S.C. ‘‘(A) IN GENERAL.—If the President’’; and Sec. 805. Special rule for educational insti- 3721(g)) is amended by striking ‘‘September (2) by adding at the end the following: tutions unable to collect TINs 30, 2015’’ and inserting ‘‘September 30, 2025’’. ‘‘(B) NOTIFICATION.—The President may not of individuals with respect to (2) EXTENSION OF REGIONAL APPAREL ARTI- terminate the designation of a country as a higher education tuition and CLE PROGRAM.—Section 112(b)(3)(A) of the Af- beneficiary sub-Saharan African country related expenses. rican Growth and Opportunity Act (19 U.S.C. under subparagraph (A) unless, at least 60 Sec. 806. Penalty for failure to file correct 3721(b)(3)(A)) is amended— days before the termination of such designa- information returns and pro- (A) in clause (i), by striking ‘‘11 suc- tion, the President notifies Congress and no- vide payee statements. ceeding’’ and inserting ‘‘21 succeeding’’; and tifies the country of the President’s inten- Sec. 807. Child tax credit not refundable for (B) in clause (ii)(II), by striking ‘‘Sep- tion to terminate such designation, together taxpayers electing to exclude tember 30, 2015’’ and inserting ‘‘September with the considerations entering into the de- foreign earned income from tax. 30, 2025’’. cision to terminate such designation.’’. Sec. 808. Coverage and payment for renal di- (b) WITHDRAWAL, SUSPENSION, OR LIMITA- (3) EXTENSION OF THIRD-COUNTRY FABRIC alysis services for individuals TION OF PREFERENTIAL TARIFF TREATMENT.— PROGRAM.—Section 112(c)(1) of the African with acute kidney injury. Growth and Opportunity Act (19 U.S.C. Section 506A of the Trade Act of 1974 (19 TITLE I—EXTENSION OF AFRICAN 3721(c)(1)) is amended— U.S.C. 2466a) is amended— GROWTH AND OPPORTUNITY ACT (A) in the paragraph heading, by striking (1) by redesignating subsection (c) as sub- section (d); and SEC. 101. SHORT TITLE. ‘‘SEPTEMBER 30, 2015’’ and inserting ‘‘SEP- (2) by inserting after subsection (b) the fol- This title may be cited as the ‘‘AGOA Ex- TEMBER 30, 2025’’; (B) in subparagraph (A), by striking ‘‘Sep- lowing: tension and Enhancement Act of 2015’’. ‘‘(c) WITHDRAWAL, SUSPENSION, OR LIMITA- tember 30, 2015’’ and inserting ‘‘September SEC. 102. FINDINGS. TION OF PREFERENTIAL TARIFF TREATMENT.— 30, 2025’’; and Congress finds the following: ‘‘(1) IN GENERAL.—The President may with- (C) in subparagraph (B)(ii), by striking (1) Since its enactment, the African draw, suspend, or limit the application of ‘‘September 30, 2015’’ and inserting ‘‘Sep- Growth and Opportunity Act has been the duty-free treatment provided for any article tember 30, 2025’’. centerpiece of trade relations between the described in subsection (b)(1) of this section United States and sub-Saharan Africa and SEC. 104. MODIFICATIONS OF RULES OF ORIGIN or section 112 of the African Growth and Op- has enhanced trade, investment, job cre- FOR DUTY-FREE TREATMENT FOR ARTICLES OF BENEFICIARY SUB-SA- portunity Act with respect to a beneficiary ation, and democratic institutions through- HARAN AFRICAN COUNTRIES UNDER sub-Saharan African country if the President out Africa. GENERALIZED SYSTEM OF PREF- determines that withdrawing, suspending, or (2) Trade and investment, as facilitated by ERENCES. limiting such duty-free treatment would be the African Growth and Opportunity Act, (a) IN GENERAL.—Section 506A(b)(2) of the more effective in promoting compliance by promote economic growth, development, Trade Act of 1974 (19 U.S.C. 2466a(b)(2)) is the country with the requirements described poverty reduction, democracy, the rule of amended— in subsection (a)(1) than terminating the des- law, and stability in sub-Saharan Africa. (1) in subparagraph (A), by striking ‘‘and’’ ignation of the country as a beneficiary sub- (3) Trade between the United States and at the end; Saharan African country for purposes of this sub-Saharan Africa has more than tripled (2) in subparagraph (B), by striking the pe- section. since the enactment of the African Growth riod at the end and inserting ‘‘; and’’; and ‘‘(2) NOTIFICATION.—The President may not and Opportunity Act in 2000, and United (3) by adding at the end the following: withdraw, suspend, or limit the application States direct investment in sub-Saharan Af- ‘‘(C) the direct costs of processing oper- of duty-free treatment under paragraph (1) rica has grown almost sixfold. ations performed in one or more such bene- unless, at least 60 days before such with- (4) It is in the interest of the United States ficiary sub-Saharan African countries or drawal, suspension, or limitation, the Presi- to engage and compete in emerging markets former beneficiary sub-Saharan African dent notifies Congress and notifies the coun- in sub-Saharan African countries, to boost countries shall be applied in determining try of the President’s intention to withdraw, trade and investment between the United such percentage.’’. suspend, or limit such duty-free treatment, States and sub-Saharan African countries, (b) APPLICABILITY TO ARTICLES RECEIVING together with the considerations entering and to renew and strengthen the African DUTY-FREE TREATMENT UNDER TITLE V OF into the decision to terminate such designa- Growth and Opportunity Act. TRADE ACT OF 1974.—Section 506A(b) of the tion.’’. (5) The long-term economic security of the Trade Act of 1974 (19 U.S.C. 2466a(b)) is (c) REVIEW AND PUBLIC COMMENTS ON ELIGI- United States is enhanced by strong eco- amended by adding at the end the following: BILITY REQUIREMENTS.—Section 506A of the nomic and political ties with the fastest- ‘‘(3) RULES OF ORIGIN UNDER THIS TITLE.— Trade Act of 1974 (19 U.S.C. 2466a), as so growing economies in the world, many of The exceptions set forth in subparagraphs amended, is further amended— which are in sub-Saharan Africa. (A), (B), and (C) of paragraph (2) shall also (1) by redesignating subsection (d) as sub- (6) It is a goal of the United States to fur- apply to any article described in section section (e); and ther integrate sub-Saharan African countries 503(a)(1) that is the growth, product, or man- (2) by inserting after subsection (c) the fol- into the global economy, stimulate economic ufacture of a beneficiary sub-Saharan Afri- lowing:

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‘‘(d) REVIEW AND PUBLIC COMMENTS ON ELI- ‘‘(E) INITIATION OF OUT-OF-CYCLE REVIEWS (c) PUBLICATION.—It is further the sense of GIBILITY REQUIREMENTS.— FOR CERTAIN COUNTRIES.—Recognizing that Congress that— ‘‘(1) IN GENERAL.—In carrying out sub- concerns have been raised about the compli- (1) each beneficiary sub-Saharan African section (a)(2), the President shall publish an- ance with section 104(a) of the African country should publish on an appropriate nually in the Federal Register a notice of re- Growth and Opportunity Act (19 U.S.C. Internet website of such country public view and request for public comments on 3703(a)) of some beneficiary sub-Saharan Af- versions of its AGOA utilization strategy; whether beneficiary sub-Saharan African rican countries, the President shall initiate and countries are meeting the eligibility require- an out-of-cycle review under subparagraph (2) the United States Trade Representative ments set forth in section 104 of the African (A) with respect to South Africa, the most should publish on the Internet website of the Growth and Opportunity Act and the eligi- developed of the beneficiary sub-Saharan Af- Office of the United States Trade Represent- bility criteria set forth in section 502 of this rican countries, and other beneficiary coun- ative public versions of all AGOA utilization Act. tries as appropriate, not later than 30 days strategies described in paragraph (1). ‘‘(2) PUBLIC HEARING.—The United States after the date of the enactment of the Trade SEC. 108. DEEPENING AND EXPANDING TRADE Trade Representative shall, not later than 30 Preferences Extension Act of 2015.’’. AND INVESTMENT TIES BETWEEN days after the date on which the President SEC. 106. PROMOTION OF THE ROLE OF WOMEN SUB-SAHARAN AFRICA AND THE publishes the notice of review and request IN SOCIAL AND ECONOMIC DEVEL- UNITED STATES. for public comments under paragraph (1)— OPMENT IN SUB-SAHARAN AFRICA. It is the policy of the United States to con- (a) STATEMENT OF POLICY.—Section 103 of ‘‘(A) hold a public hearing on such review tinue to— the African Growth and Opportunity Act (19 and request for public comments; and (1) seek to deepen and expand trade and in- U.S.C. 3702) is amended— ‘‘(B) publish in the Federal Register, before vestment ties between sub-Saharan Africa (1) in paragraph (8), by striking ‘‘; and’’ and such hearing is held, notice of— and the United States, including through the inserting a semicolon; ‘‘(i) the time and place of such hearing; and negotiation of accession by sub-Saharan Af- (2) in paragraph (9), by striking the period ‘‘(ii) the time and place at which such pub- rican countries to the World Trade Organiza- and inserting ‘‘; and’’; and lic comments will be accepted. tion and the negotiation of trade and invest- (3) by adding at the end the following: ‘‘(3) PETITION PROCESS.— ment framework agreements, bilateral in- ‘‘(10) promoting the role of women in so- ‘‘(A) IN GENERAL.—Not later than 60 days vestment treaties, and free trade agree- cial, political, and economic development in after the date of the enactment of this sub- ments, as such agreements have the poten- sub-Saharan Africa.’’. section, the President shall establish a proc- tial to catalyze greater trade and invest- (b) ELIGIBILITY REQUIREMENTS.—Section ment, facilitate additional investment in ess to allow any interested person, at any 104(a)(1)(A) of the African Growth and Oppor- time, to file a petition with the Office of the tunity Act (19 U.S.C. 3703(a)(1)(A)) is amend- sub-Saharan Africa, further poverty reduc- United States Trade Representative with re- ed by inserting ‘‘for men and women’’ after tion efforts, and promote economic growth; spect to the compliance of any country listed ‘‘rights’’. (2) seek to negotiate agreements with indi- vidual sub-Saharan African countries as well in section 107 of the African Growth and Op- SEC. 107. BIENNIAL AGOA UTILIZATION STRATE- portunity Act with the eligibility require- GIES. as with the Regional Economic Commu- ments set forth in section 104 of such Act and (a) IN GENERAL.—It is the sense of Congress nities, as appropriate; the eligibility criteria set forth in section 502 that— (3) promote full implementation of com- of this Act. (1) beneficiary sub-Saharan African coun- mitments made under the WTO Agreement ‘‘(B) USE OF PETITIONS.—The President tries should develop utilization strategies on (as such term is defined in section 2(9) of the shall take into account all petitions filed a biennial basis in order to more effectively Uruguay Round Agreements Act (19 U.S.C. pursuant to subparagraph (A) in making de- and strategically utilize benefits available 3501(9)) because such actions are likely to terminations of compliance under sub- under the African Growth and Opportunity improve utilization of the African Growth sections (a)(3)(A) and (c) and in preparing Act (in this section referred to as ‘‘AGOA and Opportunity Act and promote trade and any reports required by this title as such re- utilization strategies’’); investment and because regular review to en- ports apply with respect to beneficiary sub- (2) United States trade capacity building sure continued compliance helps to maxi- Saharan African countries. agencies should work with, and provide ap- mize the benefits of the African Growth and ‘‘(4) OUT-OF-CYCLE REVIEWS.— propriate resources to, such sub-Saharan Af- Opportunity Act; and ‘‘(A) IN GENERAL.—The President may, at rican countries to assist in developing and (4) promote the negotiation of trade agree- any time, initiate an out-of-cycle review of implementing biennial AGOA utilization ments that cover substantially all trade be- whether a beneficiary sub-Saharan African strategies; and tween parties to such agreements and, if country is making continual progress in (3) as appropriate, and to encourage great- other countries seek to negotiate trade meeting the requirements described in para- er regional integration, the United States agreements that do not cover substantially graph (1). The President shall give due con- Trade Representative should consider re- all trade, continue to object in all appro- sideration to petitions received under para- questing the Regional Economic Commu- priate forums. graph (3) in determining whether to initiate nities to prepare biennial AGOA utilization SEC. 109. AGRICULTURAL TECHNICAL ASSIST- an out-of-cycle review under this subpara- strategies. ANCE FOR SUB-SAHARAN AFRICA. graph. (b) CONTENTS.—It is further the sense of Section 13 of the AGOA Acceleration Act ‘‘(B) CONGRESSIONAL NOTIFICATION.—Before Congress that biennial AGOA utilization of 2004 (19 U.S.C. 3701 note) is amended— initiating an out-of-cycle review under sub- strategies should identify strategic needs (1) in subsection (a)— paragraph (A), the President shall notify and and priorities to bolster utilization of bene- (A) by striking ‘‘shall identify not fewer consult with Congress. fits available under the African Growth and than 10 eligible sub-Saharan African coun- ‘‘(C) CONSEQUENCES OF REVIEW.—If, pursu- Opportunity Act. To that end, biennial tries as having the greatest’’ and inserting ‘‘, ant to an out-of-cycle review conducted AGOA utilization strategies should— through the Secretary of Agriculture, shall under subparagraph (A), the President deter- (1) review potential exports under the Afri- identify eligible sub-Saharan African coun- mines that a beneficiary sub-Saharan Afri- can Growth and Opportunity Act and iden- tries that have’’; and can country does not meet the requirements tify opportunities and obstacles to increased (B) by striking ‘‘and complying with sani- set forth in section 104(a) of the African trade and investment and enhanced poverty tary and phytosanitary rules of the United Growth and Opportunity Act (19 U.S.C. reduction efforts; States’’ and inserting ‘‘, complying with san- 3703(a)), the President shall, subject to the (2) identify obstacles to regional integra- itary and phytosanitary rules of the United requirements of subsections (a)(3)(B) and tion that inhibit utilization of benefits under States, and developing food safety stand- (c)(2), terminate the designation of the coun- the African Growth and Opportunity Act; ards’’; try as a beneficiary sub-Saharan African (3) set out a plan to take advantage of op- (2) in subsection (b)— country or withdraw, suspend, or limit the portunities and address obstacles identified (A) by striking ‘‘20’’ and inserting ‘‘30’’; application of duty-free treatment with re- in paragraphs (1) and (2), improve awareness and spect to articles from the country. of the African Growth and Opportunity Act (B) by inserting after ‘‘from those coun- ‘‘(D) REPORTS.—After each out-of-cycle re- as a program that enhances exports to the tries’’ the following: ‘‘, particularly from view conducted under subparagraph (A) with United States, and utilize United States businesses and sectors that engage women respect to a country, the President shall sub- Agency for International Development re- farmers and entrepreneurs,’’; and mit to the Committee on Finance of the Sen- gional trade hubs; (3) by adding at the end the following: ate and the Committee on Ways and Means (4) set out a strategy to promote small ‘‘(c) COORDINATION.—The President shall of the House of Representatives a report on business and entrepreneurship; and take such measures as are necessary to en- the review and any determination of the (5) eliminate obstacles to regional trade sure adequate coordination of similar activi- President to terminate the designation of and promote greater utilization of benefits ties of agencies of the United States Govern- the country as a beneficiary sub-Saharan Af- under the African Growth and Opportunity ment relating to agricultural technical as- rican country or withdraw, suspend, or limit Act and establish a plan to promote full re- sistance for sub-Saharan Africa.’’. the application of duty-free treatment with gional implementation of the Agreement on respect to articles from the country under Trade Facilitation of the World Trade Orga- SEC. 110. REPORTS. subparagraph (C). nization. (a) IMPLEMENTATION REPORT.—

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(1) IN GENERAL.—Not later than 1 year after on or after the 30th day after the date of the Trade Act of 1974 (19 U.S.C. 2463) and with re- the date of the enactment of this Act, and bi- enactment of this Act. spect to which a determination described in ennially thereafter, the President shall sub- (2) RETROACTIVE APPLICATION FOR CERTAIN subsection (c)(2)(A) of such section was made mit to Congress a report on the trade and in- LIQUIDATIONS AND RELIQUIDATIONS.— with respect to exports (directly or indi- vestment relationship between the United (A) IN GENERAL.—Notwithstanding section rectly) to the United States of such eligible States and sub-Saharan African countries 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or article during calendar year 2014 by the bene- and on the implementation of this title and any other provision of law and subject to ficiary developing country. the amendments made by this title. subparagraph (B), any entry of a covered ar- SEC. 204. ELIGIBILITY OF CERTAIN LUGGAGE (2) MATTERS TO BE INCLUDED.—The report ticle to which duty-free treatment or other AND TRAVEL ARTICLES FOR DUTY- required by paragraph (1) shall include the preferential treatment under title V of the FREE TREATMENT UNDER THE GEN- ERALIZED SYSTEM OF PREF- following: Trade Act of 1974 (19 U.S.C. 2461 et seq.) ERENCES. (A) A description of the status of trade and would have applied if the entry had been Section 503(b)(1) of the Trade Act of 1974 (19 investment between the United States and made on July 31, 2013, that was made— U.S.C. 2463(b)(1)) is amended— sub-Saharan Africa, including information (i) after July 31, 2013; and (1) in subparagraph (A), by striking ‘‘para- on leading exports to the United States from (ii) before the effective date specified in graph (4)’’ and inserting ‘‘paragraphs (4) and sub-Saharan African countries. paragraph (1), (5)’’; (B) Any changes in eligibility of sub-Saha- shall be liquidated or reliquidated as though (2) in subparagraph (E), by striking ‘‘Foot- ran African countries during the period cov- such entry occurred on the effective date wear’’ and inserting ‘‘Except as provided in ered by the report. specified in paragraph (1). paragraph (5), footwear’’; and (C) A detailed analysis of whether each (B) REQUESTS.—A liquidation or reliquida- (3) by adding at the end the following: such beneficiary sub-Saharan African coun- tion may be made under subparagraph (A) ‘‘(5) CERTAIN LUGGAGE AND TRAVEL ARTI- try is continuing to meet the eligibility re- with respect to an entry only if a request CLES.—Notwithstanding subparagraph (A) or quirements set forth in section 104 of the Af- therefor is filed with U.S. Customs and Bor- (E) of paragraph (1), the President may des- rican Growth and Opportunity Act and the der Protection not later than 180 days after ignate the following as eligible articles eligibility criteria set forth in section 502 of the date of the enactment of this Act that under subsection (a): the Trade Act of 1974. contains sufficient information to enable ‘‘(A) Articles classifiable under subheading (D) A description of the status of regional U.S. Customs and Border Protection— 4202.11.00, 4202.12.40, 4202.21.60, 4202.21.90, integration efforts in sub-Saharan Africa. (i) to locate the entry; or 4202.22.15, 4202.22.45, 4202.31.60, 4202.32.40, (E) A summary of United States trade ca- (ii) to reconstruct the entry if it cannot be 4202.32.80, 4202.92.15, 4202.92.20, 4202.92.45, or pacity building efforts. located. 4202.99.90 of the Harmonized Tariff Schedule (F) Any other initiatives related to en- (C) PAYMENT OF AMOUNTS OWED.—Any of the United States. hancing the trade and investment relation- amounts owed by the United States pursuant ‘‘(B) Articles classifiable under statistical ship between the United States and sub-Sa- to the liquidation or reliquidation of an reporting number 4202.12.2020, 4202.12.2050, haran African countries. entry of a covered article under subpara- 4202.12.8030, 4202.12.8070, 4202.22.8050, (b) POTENTIAL TRADE AGREEMENTS RE- graph (A) shall be paid, without interest, not 4202.32.9550, 4202.32.9560, 4202.91.0030, PORT.—Not later than 1 year after the date of later than 90 days after the date of the liq- 4202.91.0090, 4202.92.3020, 4202.92.3031, the enactment of this Act, and every 5 years uidation or reliquidation (as the case may 4202.92.3091, 4202.92.9026, or 4202.92.9060 of the thereafter, the United States Trade Rep- be). Harmonized Tariff Schedule of the United resentative shall submit to Congress a report (3) DEFINITIONS.—In this subsection: States, as such statistical reporting numbers that— (A) COVERED ARTICLE.—The term ‘‘covered are in effect on the date of the enactment of (1) identifies sub-Saharan African coun- article’’ means an article from a country the Trade Preferences Extension Act of tries that have a expressed an interest in en- that is a beneficiary developing country 2015.’’. tering into a free trade agreement with the under title V of the Trade Act of 1974 (19 TITLE III—EXTENSION OF PREFERENTIAL United States; U.S.C. 2461 et seq.) as of the effective date DUTY TREATMENT PROGRAM FOR HAITI (2) evaluates the viability and progress of specified in paragraph (1). SEC. 301. EXTENSION OF PREFERENTIAL DUTY such sub-Saharan African countries and (B) ENTER; ENTRY.—The terms ‘‘enter’’ and TREATMENT PROGRAM FOR HAITI. other sub-Saharan African countries toward ‘‘entry’’ include a withdrawal from ware- Section 213A of the Caribbean Basin Eco- entering into a free trade agreement with house for consumption. nomic Recovery Act (19 U.S.C. 2703a) is the United States; and SEC. 202. AUTHORITY TO DESIGNATE CERTAIN amended as follows: (3) describes a plan for negotiating and COTTON ARTICLES AS ELIGIBLE AR- (1) Subsection (b) is amended as follows: concluding such agreements, which includes TICLES ONLY FOR LEAST-DEVEL- (A) Paragraph (1) is amended— the elements described in subparagraphs (A) OPED BENEFICIARY DEVELOPING (i) in subparagraph (B)(v)(I), by amending through (E) of section 116(b)(2) of the African COUNTRIES UNDER GENERALIZED SYSTEM OF PREFERENCES. item (cc) to read as follows: Growth and Opportunity Act. Section 503(b) of the Trade Act of 1974 (19 ‘‘(cc) 60 percent or more during the 1-year (c) TERMINATION.—The reporting require- U.S.C. 2463(b)) is amended by adding at the period beginning on December 20, 2017, and ments of this section shall cease to have any end the following: each of the 7 succeeding 1-year periods.’’; and force or effect after September 30, 2025. ‘‘(5) CERTAIN COTTON ARTICLES.—Notwith- (ii) in subparagraph (C)— SEC. 111. TECHNICAL AMENDMENTS. standing paragraph (3), the President may (I) in the table, by striking ‘‘succeeding 11 Section 104 of the African Growth and Op- designate as an eligible article or articles 1-year periods’’ and inserting ‘‘16 succeeding portunity Act (19 U.S.C. 3703), as amended by under subsection (a)(1)(B) only for countries 1-year periods’’; and section 106, is further amended— designated as least-developed beneficiary de- (II) by striking ‘‘December 19, 2018’’ and in- (1) in subsection (a), by striking ‘‘(a) IN veloping countries under section 502(a)(2) serting ‘‘December 19, 2025’’. GENERAL.—’’; and cotton articles classifiable under subheading (B) Paragraph (2) is amended— (2) by striking subsection (b). 5201.00.18, 5201.00.28, 5201.00.38, 5202.99.30, or (i) in subparagraph (A)(ii), by striking ‘‘11 SEC. 112. DEFINITIONS. 5203.00.30 of the Harmonized Tariff Schedule succeeding 1-year periods’’ and inserting ‘‘16 In this title: of the United States.’’. succeeding 1-year periods’’; and ENEFICIARY SUB SAHARAN AFRICAN (1) B - SEC. 203. APPLICATION OF COMPETITIVE NEED (ii) in subparagraph (B)(iii), by striking ‘‘11 COUNTRY.—The term ‘‘beneficiary sub-Saha- LIMITATION AND WAIVER UNDER succeeding 1-year periods’’ and inserting ‘‘16 ran African country’’ means a beneficiary GENERALIZED SYSTEM OF PREF- succeeding 1-year periods’’. sub-Saharan African country described in ERENCES WITH RESPECT TO ARTI- (2) Subsection (h) is amended by striking subsection (e) of section 506A of the Trade CLES OF BENEFICIARY DEVELOPING ‘‘September 30, 2020’’ and inserting ‘‘Sep- Act of 1974 (as redesignated by this Act). COUNTRIES EXPORTED TO THE UNITED STATES DURING CALENDAR tember 30, 2025’’. (2) SUB-SAHARAN AFRICAN COUNTRY.—The YEAR 2014. TITLE IV—EXTENSION OF TRADE term ‘‘sub-Saharan African country’’ has the (a) IN GENERAL.—For purposes of applying ADJUSTMENT ASSISTANCE meaning given the term in section 107 of the and administering subsections (c)(2) and (d) African Growth and Opportunity Act. SEC. 401. SHORT TITLE. of section 503 of the Trade Act of 1974 (19 This title may be cited as the ‘‘Trade Ad- TITLE II—EXTENSION OF GENERALIZED U.S.C. 2463) with respect to an article de- justment Assistance Reauthorization Act of SYSTEM OF PREFERENCES scribed in subsection (b) of this section, sub- 2015’’. SEC. 201. EXTENSION OF GENERALIZED SYSTEM sections (c)(2) and (d) of section 503 of such SEC. 402. APPLICATION OF PROVISIONS RELAT- OF PREFERENCES. Act shall be applied and administered by ING TO TRADE ADJUSTMENT ASSIST- (a) IN GENERAL.—Section 505 of the Trade substituting ‘‘October 1’’ for ‘‘July 1’’ each ANCE. Act of 1974 (19 U.S.C. 2465) is amended by place such date appears. (a) REPEAL OF SNAPBACK.—Section 233 of striking ‘‘July 31, 2013’’ and inserting ‘‘De- (b) ARTICLE DESCRIBED.—An article de- the Trade Adjustment Assistance Extension cember 31, 2017’’. scribed in this subsection is an article of a Act of 2011 (Public Law 112–40; 125 Stat. 416) (b) EFFECTIVE DATE.— beneficiary developing country that is des- is repealed. (1) IN GENERAL.—The amendment made by ignated by the President as an eligible arti- (b) APPLICABILITY OF CERTAIN PROVI- subsection (a) shall apply to articles entered cle under subsection (a) of section 503 of the SIONS.—Except as otherwise provided in this

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.055 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4311 title, the provisions of chapters 2 through 6 ment assistance program who are in unsub- the second calendar quarter after exit from of title II of the Trade Act of 1974, as in ef- sidized employment during the second cal- the program, expressed as a percentage of fect on December 31, 2013, and as amended by endar quarter after exit from the program; the median earnings of such workers before this title, shall— ‘‘(II) the percentage and number of workers the calendar quarter in which such workers (1) take effect on the date of the enactment who received benefits under the trade adjust- began receiving benefits under this chap- of this Act; and ment assistance program and who are in un- ter.’’; and (2) apply to petitions for certification filed subsidized employment during the fourth (2) in subsection (e)— under chapter 2, 3, or 6 of title II of the Trade calendar quarter after exit from the pro- (A) in paragraph (1)— Act of 1974 on or after such date of enact- gram; (i) by redesignating subparagraphs (B) and ment. ‘‘(III) the median earnings of workers de- (C) as subparagraphs (C) and (D), respec- (c) REFERENCES.—Except as otherwise pro- scribed in subclause (I); tively; and vided in this title, whenever in this title an ‘‘(IV) the percentage and number of work- (ii) by inserting after subparagraph (A) the amendment or repeal is expressed in terms of ers who received benefits under the trade ad- following: an amendment to, or repeal of, a provision of justment assistance program who, subject to ‘‘(B) the reports required under section chapters 2 through 6 of title II of the Trade clause (ii), obtain a recognized postsec- 239(j);’’; and Act of 1974, the reference shall be considered ondary credential or a secondary school di- (B) in paragraph (2), by striking ‘‘a quar- to be made to a provision of any such chap- ploma or its recognized equivalent, during terly’’ and inserting ‘‘an annual’’. ter, as in effect on December 31, 2013. participation in the program or within one (c) RECOGNIZED POSTSECONDARY CREDEN- TIAL DEFINED.—Section 247 of the Trade Act SEC. 403. EXTENSION OF TRADE ADJUSTMENT AS- year after exit from the program; and SISTANCE PROGRAM. ‘‘(V) the percentage and number of workers of 1974 (19 U.S.C. 2319) is amended by adding who received benefits under the trade adjust- at the end the following: (a) EXTENSION OF TERMINATION PROVI- ment assistance program who, during a year ‘‘(19) The term ‘recognized postsecondary SIONS.—Section 285 of the Trade Act of 1974 credential’ means a credential consisting of (19 U.S.C. 2271 note) is amended by striking while receiving such benefits, are in an edu- an industry-recognized certificate or certifi- ‘‘December 31, 2013’’ each place it appears cation or training program that leads to a cation, a certificate of completion of an ap- and inserting ‘‘June 30, 2021’’. recognized postsecondary credential or em- ployment and who are achieving measurable prenticeship, a license recognized by a State (b) TRAINING FUNDS.—Section 236(a)(2)(A) gains in skills toward such a credential or or the Federal Government, or an associate of the Trade Act of 1974 (19 U.S.C. employment. or baccalaureate degree.’’. 2296(a)(2)(A)) is amended by striking ‘‘shall ‘‘(ii) INDICATOR RELATING TO CREDENTIAL.— SEC. 405. APPLICABILITY OF TRADE ADJUST- not exceed’’ and all that follows and insert- For purposes of clause (i)(IV), a worker who MENT ASSISTANCE PROVISIONS. ing ‘‘shall not exceed $450,000,000 for each of received benefits under the trade adjustment (a) TRADE ADJUSTMENT ASSISTANCE FOR fiscal years 2015 through 2021.’’. assistance program who obtained a sec- WORKERS.— (c) REEMPLOYMENT TRADE ADJUSTMENT AS- ondary school diploma or its recognized (1) PETITIONS FILED ON OR AFTER JANUARY 1, SISTANCE.—Section 246(b)(1) of the Trade Act equivalent shall be included in the percent- 2014, AND BEFORE DATE OF ENACTMENT.— of 1974 (19 U.S.C. 2318(b)(1)) is amended by age counted for purposes of that clause only (A) CERTIFICATIONS OF WORKERS NOT CER- striking ‘‘December 31, 2013’’ and inserting if the worker, in addition to obtaining such TIFIED BEFORE DATE OF ENACTMENT.— ‘‘June 30, 2021’’. a diploma or its recognized equivalent, has (i) CRITERIA IF A DETERMINATION HAS NOT (d) AUTHORIZATIONS OF APPROPRIATIONS.— obtained or retained employment or is in an BEEN MADE.—If, as of the date of the enact- (1) TRADE ADJUSTMENT ASSISTANCE FOR education or training program leading to a ment of this Act, the Secretary of Labor has WORKERS.—Section 245(a) of the Trade Act of recognized postsecondary credential within not made a determination with respect to 1974 (19 U.S.C. 2317(a)) is amended by striking one year after exit from the program.’’; whether to certify a group of workers as eli- ‘‘December 31, 2013’’ and inserting ‘‘June 30, (4) in paragraph (3)— gible to apply for adjustment assistance 2021’’. (A) in the paragraph heading, by striking under section 222 of the Trade Act of 1974 (2) TRADE ADJUSTMENT ASSISTANCE FOR ‘‘DATA’’ and inserting ‘‘MEASURES’’; pursuant to a petition described in clause FIRMS.—Section 255(a) of the Trade Act of (B) by striking ‘‘quarterly’’ and inserting (iii), the Secretary shall make that deter- 1974 (19 U.S.C. 2345(a)) is amended by striking ‘‘annual’’; and mination based on the requirements of sec- ‘‘fiscal years 2012 and 2013’’ and all that fol- (C) by striking ‘‘data’’ and inserting tion 222 of the Trade Act of 1974, as in effect lows through ‘‘December 31, 2013’’ and insert- ‘‘measures’’; and on such date of enactment. ing ‘‘fiscal years 2015 through 2021’’. (5) by adding at the end the following: (ii) RECONSIDERATION OF DENIALS OF CER- (3) TRADE ADJUSTMENT ASSISTANCE FOR ‘‘(4) ACCESSIBILITY OF STATE PERFORMANCE TIFICATIONS.—If, before the date of the enact- FARMERS.—Section 298(a) of the Trade Act of REPORTS.—The Secretary shall, on an annual ment of this Act, the Secretary made a de- 1974 (19 U.S.C. 2401g(a)) is amended by strik- basis, make available (including by elec- termination not to certify a group of work- ing ‘‘fiscal years 2012 and 2013’’ and all that tronic means), in an easily understandable ers as eligible to apply for adjustment assist- follows through ‘‘December 31, 2013’’ and in- format, the reports of cooperating States or ance under section 222 of the Trade Act of serting ‘‘fiscal years 2015 through 2021’’. cooperating State agencies required by para- 1974 pursuant to a petition described in SEC. 404. PERFORMANCE MEASUREMENT AND graph (1) and the information contained in clause (iii), the Secretary shall— REPORTING. those reports.’’. (I) reconsider that determination; and (a) PERFORMANCE MEASURES.—Section (b) COLLECTION AND PUBLICATION OF (II) if the group of workers meets the re- 239(j) of the Trade Act of 1974 (19 U.S.C. DATA.—Section 249B of the Trade Act of 1974 quirements of section 222 of the Trade Act of 2311(j)) is amended— (19 U.S.C. 2323) is amended— 1974, as in effect on such date of enactment, (1) in the subsection heading, by striking (1) in subsection (b)— certify the group of workers as eligible to ‘‘DATA REPORTING’’ and inserting ‘‘PERFORM- (A) in paragraph (3)— apply for adjustment assistance. ANCE MEASURES’’; (i) in subparagraph (A), by striking ‘‘en- (iii) PETITION DESCRIBED.—A petition de- (2) in paragraph (1)— rolled in’’ and inserting ‘‘who received’’; scribed in this clause is a petition for a cer- (A) in the matter preceding subparagraph (ii) in subparagraph (B)— tification of eligibility for a group of work- (A)— (I) by striking ‘‘complete’’ and inserting ers filed under section 221 of the Trade Act of (i) by striking ‘‘a quarterly’’ and inserting ‘‘exited’’; and 1974 on or after January 1, 2014, and before ‘‘an annual’’; and (II) by striking ‘‘who were enrolled in’’ and the date of the enactment of this Act. (ii) by striking ‘‘data’’ and inserting inserting ‘‘, including who received’’; (B) ELIGIBILITY FOR BENEFITS.— ‘‘measures’’; (iii) in subparagraph (E), by striking ‘‘com- (i) IN GENERAL.—Except as provided in (B) in subparagraph (A), by striking ‘‘core’’ plete’’ and inserting ‘‘exited’’; clause (ii), a worker certified as eligible to and inserting ‘‘primary’’; and (iv) in subparagraph (F), by striking ‘‘com- apply for adjustment assistance under sec- (C) in subparagraph (C), by inserting ‘‘that plete’’ and inserting ‘‘exit’’; and tion 222 of the Trade Act of 1974 pursuant to promote efficiency and effectiveness’’ after (v) by adding at the end the following: a petition described in subparagraph (A)(iii) ‘‘assistance program’’; ‘‘(G) The average cost per worker of receiv- shall be eligible, on and after the date that (3) in paragraph (2)— ing training approved under section 236. is 90 days after the date of the enactment of (A) in the paragraph heading, by striking ‘‘(H) The percentage of workers who re- this Act, to receive benefits only under the ‘‘CORE INDICATORS DESCRIBED’’ and inserting ceived training approved under section 236 provisions of chapter 2 of title II of the Trade ‘‘INDICATORS OF PERFORMANCE’’; and and obtained unsubsidized employment in a Act of 1974, as in effect on such date of enact- (B) by striking subparagraph (A) and in- field related to that training.’’; and ment. serting the following: (B) in paragraph (4)— (ii) COMPUTATION OF MAXIMUM BENEFITS.— ‘‘(A) PRIMARY INDICATORS OF PERFORMANCE (i) in subparagraphs (A) and (B), by strik- Benefits received by a worker described in DESCRIBED.— ing ‘‘quarterly’’ each place it appears and in- clause (i) under chapter 2 of title II of the ‘‘(i) IN GENERAL.—The primary indicators serting ‘‘annual’’; and Trade Act of 1974 before the date of the en- of performance referred to in paragraph (ii) by striking subparagraph (C) and in- actment of this Act shall be included in any (1)(A) shall consist of— serting the following: determination of the maximum benefits for ‘‘(I) the percentage and number of workers ‘‘(C) The median earnings of workers de- which the worker is eligible under the provi- who received benefits under the trade adjust- scribed in section 239(j)(2)(A)(i)(III) during sions of chapter 2 of title II of the Trade Act

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of 1974, as in effect on the date of the enact- (ii) the provisions of chapter 3 of title II of ‘‘(A) IN GENERAL.—Except as provided in ment of this Act. the Trade Act of 1974, as in effect on such subparagraph (B), assistance may not be pro- (2) PETITIONS FILED BEFORE JANUARY 1, date of enactment, had been in effect on that vided under chapter 3 after June 30, 2022. 2014.—A worker certified as eligible to apply date during the period described in clause (i). ‘‘(B) EXCEPTION.—Notwithstanding sub- for adjustment assistance pursuant to a peti- SEC. 406. SUNSET PROVISIONS. paragraph (A), any assistance approved tion filed under section 221 of the Trade Act (a) APPLICATION OF PRIOR LAW.—Subject to under chapter 3 pursuant to a petition filed of 1974 on or before December 31, 2013, shall subsection (b), beginning on July 1, 2021, the under section 251 on or before June 30, 2022, continue to be eligible to apply for and re- provisions of chapters 2, 3, 5, and 6 of title II may be provided— ceive benefits under the provisions of chap- of the Trade Act of 1974 (19 U.S.C. 2271 et ‘‘(i) to the extent funds are available pur- ter 2 of title II of such Act, as in effect on seq.), as in effect on January 1, 2014, shall be suant to such chapter for such purpose; and December 31, 2013. in effect and apply, except that in applying ‘‘(ii) to the extent the recipient of the as- (3) QUALIFYING SEPARATIONS WITH RESPECT and administering such chapters— sistance is otherwise eligible to receive such TO PETITIONS FILED WITHIN 90 DAYS OF DATE OF (1) paragraph (1) of section 231(c) of that assistance. ENACTMENT.—Section 223(b) of the Trade Act Act shall be applied and administered as if ‘‘(2) FARMERS.— of 1974, as in effect on the date of the enact- subparagraphs (A), (B), and (C) of that para- ‘‘(A) IN GENERAL.—Except as provided in ment of this Act, shall be applied and admin- graph were not in effect; subparagraph (B), assistance may not be pro- istered by substituting ‘‘before January 1, (2) section 233 of that Act shall be applied vided under chapter 6 after June 30, 2022. 2014’’ for ‘‘more than one year before the and administered— ‘‘(B) EXCEPTION.—Notwithstanding sub- date of the petition on which such certifi- (A) in subsection (a)— paragraph (A), any assistance approved cation was granted’’ for purposes of deter- (i) in paragraph (2), by substituting ‘‘104- under chapter 6 on or before June 30, 2022, mining whether a worker is eligible to apply week period’’ for ‘‘104-week period’’ and all may be provided— for adjustment assistance pursuant to a peti- that follows through ‘‘130-week period)’’; and ‘‘(i) to the extent funds are available pur- tion filed under section 221 of the Trade Act (ii) in paragraph (3)— suant to such chapter for such purpose; and of 1974 on or after the date of the enactment (I) in the matter preceding subparagraph ‘‘(ii) to the extent the recipient of the as- of this Act and on or before the date that is (A), by substituting ‘‘65’’ for ‘‘52’’; and sistance is otherwise eligible to receive such 90 days after such date of enactment. (II) by substituting ‘‘78-week period’’ for assistance.’’. (b) TRADE ADJUSTMENT ASSISTANCE FOR ‘‘52-week period’’ each place it appears; and (b) EXCEPTIONS.—The provisions of chap- FIRMS.— (B) by applying and administering sub- ters 2, 3, 5, and 6 of title II of the Trade Act (1) CERTIFICATION OF FIRMS NOT CERTIFIED section (g) as if it read as follows: of 1974, as in effect on the date of the enact- BEFORE DATE OF ENACTMENT.— ‘‘(g) PAYMENT OF TRADE READJUSTMENT AL- ment of this Act, shall continue to apply on (A) CRITERIA IF A DETERMINATION HAS NOT LOWANCES TO COMPLETE TRAINING.—Notwith- and after July 1, 2021, with respect to— BEEN MADE.—If, as of the date of the enact- standing any other provision of this section, (1) workers certified as eligible for trade ment of this Act, the Secretary of Commerce in order to assist an adversely affected work- adjustment assistance benefits under chapter has not made a determination with respect er to complete training approved for the 2 of title II of that Act pursuant to petitions to whether to certify a firm as eligible to worker under section 236 that leads to the filed under section 221 of that Act before apply for adjustment assistance under sec- completion of a degree or industry-recog- July 1, 2021; tion 251 of the Trade Act of 1974 pursuant to nized credential, payments may be made as (2) firms certified as eligible for technical a petition described in subparagraph (C), the trade readjustment allowances for not more assistance or grants under chapter 3 of title Secretary shall make that determination than 13 weeks within such period of eligi- II of that Act pursuant to petitions filed based on the requirements of section 251 of bility as the Secretary may prescribe to ac- under section 251 of that Act before July 1, the Trade Act of 1974, as in effect on such count for a break in training or for justifi- 2021; and date of enactment. able cause that follows the last week for (3) agricultural commodity producers cer- (B) RECONSIDERATION OF DENIAL OF CERTAIN which the worker is otherwise entitled to a tified as eligible for technical or financial as- PETITIONS.—If, before the date of the enact- trade readjustment allowance under this sistance under chapter 6 of title II of that ment of this Act, the Secretary made a de- chapter if— Act pursuant to petitions filed under section termination not to certify a firm as eligible ‘‘(1) payment of the trade readjustment al- 292 of that Act before July 1, 2021. to apply for adjustment assistance under sec- lowance for not more than 13 weeks is nec- SEC. 407. EXTENSION AND MODIFICATION OF tion 251 of the Trade Act of 1974 pursuant to essary for the worker to complete the train- HEALTH COVERAGE TAX CREDIT. a petition described in subparagraph (C), the ing; (a) EXTENSION.—Subparagraph (B) of sec- Secretary shall— ‘‘(2) the worker participates in training in tion 35(b)(1) of the Internal Revenue Code of (i) reconsider that determination; and each such week; and 1986 is amended by striking ‘‘before January (ii) if the firm meets the requirements of ‘‘(3) the worker— 1, 2014’’ and inserting ‘‘before January 1, section 251 of the Trade Act of 1974, as in ef- ‘‘(A) has substantially met the perform- 2020’’. fect on such date of enactment, certify the ance benchmarks established as part of the (b) COORDINATION WITH CREDIT FOR COV- firm as eligible to apply for adjustment as- training approved for the worker; ERAGE UNDER A QUALIFIED HEALTH PLAN.— sistance. ‘‘(B) is expected to continue to make Subsection (g) of section 35 of the Internal (C) PETITION DESCRIBED.—A petition de- progress toward the completion of the train- Revenue Code of 1986 is amended— scribed in this subparagraph is a petition for ing; and (1) by redesignating paragraph (11) as para- a certification of eligibility filed by a firm or ‘‘(C) will complete the training during that graph (13), and its representative under section 251 of the period of eligibility.’’; (2) by inserting after paragraph (10) the fol- Trade Act of 1974 on or after January 1, 2014, (3) section 245(a) of that Act shall be ap- lowing new paragraphs: and before the date of the enactment of this plied and administered by substituting ‘‘(11) ELECTION.— Act. ‘‘June 30, 2022’’ for ‘‘December 31, 2007’’; ‘‘(A) IN GENERAL.—This section shall not (2) CERTIFICATION OF FIRMS THAT DID NOT (4) section 246(b)(1) of that Act shall be ap- apply to any taxpayer for any eligible cov- SUBMIT PETITIONS BETWEEN JANUARY 1, 2014, plied and administered by substituting erage month unless such taxpayer elects the AND DATE OF ENACTMENT.— ‘‘June 30, 2022’’ for ‘‘the date that is 5 years’’ application of this section for such month. (A) IN GENERAL.—The Secretary of Com- and all that follows through ‘‘State’’; ‘‘(B) TIMING AND APPLICABILITY OF ELEC- merce shall certify a firm described in sub- (5) section 256(b) of that Act shall be ap- TION.—Except as the Secretary may pro- paragraph (B) as eligible to apply for adjust- plied and administered by substituting ‘‘the vide— ment assistance under section 251 of the 1-year period beginning on July 1, 2021’’ for ‘‘(i) an election to have this section apply Trade Act of 1974, as in effect on the date of ‘‘each of fiscal years 2003 through 2007, and for any eligible coverage month in a taxable the enactment of this Act, if the firm or its $4,000,000 for the 3-month period beginning year shall be made not later than the due representative files a petition for a certifi- on October 1, 2007’’; date (including extensions) for the return of cation of eligibility under section 251 of the (6) section 298(a) of that Act shall be ap- tax for the taxable year, and Trade Act of 1974 not later than 90 days after plied and administered by substituting ‘‘the ‘‘(ii) any election for this section to apply such date of enactment. 1-year period beginning on July 1, 2021’’ for for an eligible coverage month shall apply (B) FIRM DESCRIBED.—A firm described in ‘‘each of the fiscal years’’ and all that fol- for all subsequent eligible coverage months this subparagraph is a firm that the Sec- lows through ‘‘October 1, 2007’’; and in the taxable year and, once made, shall be retary determines would have been certified (7) section 285 of that Act shall be applied irrevocable with respect to such months. as eligible to apply for adjustment assist- and administered— ‘‘(12) COORDINATION WITH PREMIUM TAX ance if— (A) in subsection (a), by substituting CREDIT.— (i) the firm or its representative had filed ‘‘June 30, 2022’’ for ‘‘December 31, 2007’’ each ‘‘(A) IN GENERAL.—An eligible coverage a petition for a certification of eligibility place it appears; and month to which the election under para- under section 251 of the Trade Act of 1974 on (B) by applying and administering sub- graph (11) applies shall not be treated as a a date during the period beginning on Janu- section (b) as if it read as follows: coverage month (as defined in section ary 1, 2014, and ending on the day before the ‘‘(b) OTHER ASSISTANCE.— 36B(c)(2)) for purposes of section 36B with re- date of the enactment of this Act; and ‘‘(1) ASSISTANCE FOR FIRMS.— spect to the taxpayer.

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‘‘(B) COORDINATION WITH ADVANCE PAY- respect to such month) in a taxable year be- ‘‘(i) use a countervailable subsidy rate ap- MENTS OF PREMIUM TAX CREDIT.—In the case ginning after December 31, 2013, and before plied for the same or similar program in a of a taxpayer who makes the election under the date of the enactment of this Act— countervailing duty proceeding involving the paragraph (11) with respect to any eligible (A) may be made at any time on or after same country, or coverage month in a taxable year or on be- such date of enactment and before the expi- ‘‘(ii) if there is no same or similar pro- half of whom any advance payment is made ration of the 3-year period of limitation pre- gram, use a countervailable subsidy rate for under section 7527 with respect to any month scribed in section 6511(a) with respect to a subsidy program from a proceeding that in such taxable year— such taxable year; and the administering authority considers rea- ‘‘(i) the tax imposed by this chapter for the (B) may be made on an amended return. sonable to use, and taxable year shall be increased by the excess, (g) AGENCY OUTREACH.—As soon as possible ‘‘(B) in the case of an antidumping duty if any, of— after the date of the enactment of this Act, proceeding, use any dumping margin from ‘‘(I) the sum of any advance payments the Secretaries of the Treasury, Health and any segment of the proceeding under the ap- made on behalf of the taxpayer under section Human Services, and Labor (or such Secre- plicable antidumping order. 1412 of the Patient Protection and Affordable taries’ delegates) and the Director of the ‘‘(2) DISCRETION TO APPLY HIGHEST RATE.— Care Act and section 7527 for months during Pension Benefit Guaranty Corporation (or In carrying out paragraph (1), the admin- such taxable year, over the Director’s delegate) shall carry out pro- istering authority may apply any of the ‘‘(II) the sum of the credits allowed under grams of public outreach, including on the countervailable subsidy rates or dumping this section (determined without regard to Internet, to inform potential eligible individ- margins specified under that paragraph, in- paragraph (1)) and section 36B (determined uals (as defined in section 35(c)(1) of the In- cluding the highest such rate or margin, ternal Revenue Code of 1986) of the extension without regard to subsection (f)(1) thereof) based on the evaluation by the administering of the credit under section 35 of the Internal for such taxable year, and authority of the situation that resulted in Revenue Code of 1986 and the availability of ‘‘(ii) section 36B(f)(2) shall not apply with the administering authority using an ad- the election to claim such credit retro- respect to such taxpayer for such taxable verse inference in selecting among the facts year, except that if such taxpayer received actively for coverage months beginning after December 31, 2013. otherwise available. any advance payments under section 7527 for ‘‘(3) NO OBLIGATION TO MAKE CERTAIN ESTI- TITLE V—IMPROVEMENTS TO ANTI- any month in such taxable year and is later MATES OR ADDRESS CERTAIN CLAIMS.—If the allowed a credit under section 36B for such DUMPING AND COUNTERVAILING DUTY administering authority uses an adverse in- taxable year, then section 36B(f)(2)(B) shall LAWS ference under subsection (b)(1)(A) in select- be applied by substituting the amount deter- SEC. 501. SHORT TITLE. ing among the facts otherwise available, the mined under clause (i) for the amount deter- This title may be cited as the ‘‘American administering authority is not required, for mined under section 36B(f)(2)(A).’’. Trade Enforcement Effectiveness Act’’. purposes of subsection (c) or for any other (c) EXTENSION OF ADVANCE PAYMENT PRO- SEC. 502. CONSEQUENCES OF FAILURE TO CO- purpose— GRAM.— OPERATE WITH A REQUEST FOR IN- ‘‘(A) to estimate what the countervailable FORMATION IN A PROCEEDING. (1) IN GENERAL.—Subsection (a) of section subsidy rate or dumping margin would have Section 776 of the Tariff Act of 1930 (19 7527 of the Internal Revenue Code of 1986 is been if the interested party found to have U.S.C. 1677e) is amended— amended by striking ‘‘August 1, 2003’’ and in- failed to cooperate under subsection (b)(1) serting ‘‘the date that is 1 year after the date (1) in subsection (b)— (A) by redesignating paragraphs (1) had cooperated, or of the enactment of the Trade Adjustment ‘‘(B) to demonstrate that the Assistance Reauthorization Act of 2015’’. through (4) as subparagraphs (A) through (D), respectively, and by moving such sub- countervailable subsidy rate or dumping (2) CONFORMING AMENDMENT.—Paragraph margin used by the administering authority (1) of section 7527(e) of such Code is amended paragraphs, as so redesignated, 2 ems to the right; reflects an alleged commercial reality of the by striking ‘‘occurring’’ and all that follows interested party.’’. and inserting ‘‘occurring— (B) by striking ‘‘ADVERSE INFERENCES.—If’’ ‘‘(A) after the date that is 1 year after the and inserting the following: ‘‘ADVERSE IN- SEC. 503. DEFINITION OF MATERIAL INJURY. date of the enactment of the Trade Adjust- FERENCES.— (a) EFFECT OF PROFITABILITY OF DOMESTIC ment Assistance Reauthorization Act of 2015, ‘‘(1) IN GENERAL.—If’’; INDUSTRIES.—Section 771(7) of the Tariff Act and (C) by striking ‘‘under this title, may use’’ of 1930 (19 U.S.C. 1677(7)) is amended by add- ‘‘(B) prior to the first month for which an and inserting the following: ‘‘under this ing at the end the following: advance payment is made on behalf of such title— ‘‘(J) EFFECT OF PROFITABILITY.—The Com- individual under subsection (a).’’. ‘‘(A) may use’’; and mission may not determine that there is no (d) INDIVIDUAL INSURANCE TREATED AS (D) by striking ‘‘facts otherwise available. material injury or threat of material injury QUALIFIED HEALTH INSURANCE WITHOUT RE- Such adverse inference may include’’ and in- to an industry in the United States merely GARD TO ENROLLMENT DATE.— serting the following: ‘‘facts otherwise avail- because that industry is profitable or be- (1) IN GENERAL.—Subparagraph (J) of sec- able; and cause the performance of that industry has tion 35(e)(1) of the Internal Revenue Code of ‘‘(B) is not required to determine, or make recently improved.’’. 1986 is amended by striking ‘‘insurance if the any adjustments to, a countervailable sub- (b) EVALUATION OF IMPACT ON DOMESTIC IN- eligible individual’’ and all that follows sidy rate or weighted average dumping mar- DUSTRY IN DETERMINATION OF MATERIAL IN- through ‘‘For purposes of’’ and inserting ‘‘in- gin based on any assumptions about informa- JURY.—Subclause (I) of section 771(7)(C)(iii) surance. For purposes of’’. tion the interested party would have pro- of the Tariff Act of 1930 (19 U.S.C. (2) SPECIAL RULE.—Subparagraph (J) of sec- vided if the interested party had complied 1677(7)(C)(iii)) is amended to read as follows: tion 35(e)(1) of such Code, as amended by with the request for information. ‘‘(I) actual and potential decline in output, paragraph (1), is amended by striking ‘‘insur- ‘‘(2) POTENTIAL SOURCES OF INFORMATION sales, market share, gross profits, operating ance.’’ and inserting ‘‘insurance (other than FOR ADVERSE INFERENCES.—An adverse infer- profits, net profits, ability to service debt, coverage enrolled in through an Exchange ence under paragraph (1)(A) may include’’; productivity, return on investments, return established under the Patient Protection and (2) in subsection (c)— on assets, and utilization of capacity,’’. Affordable Care Act).’’. (A) by striking ‘‘CORROBORATION OF SEC- (c) CAPTIVE PRODUCTION.—Section (e) CONFORMING AMENDMENT.—Subsection ONDARY INFORMATION.—When the’’ and in- 771(7)(C)(iv) of the Tariff Act of 1930 (19 (m) of section 6501 of the Internal Revenue serting the following: ‘‘CORROBORATION OF U.S.C. 1677(7)(C)(iv)) is amended— Code of 1986 is amended by inserting ‘‘, SECONDARY INFORMATION.— (1) in subclause (I), by striking the comma 35(g)(11)’’ after ‘‘30D(e)(4)’’. ‘‘(1) IN GENERAL.—Except as provided in and inserting ‘‘, and’’; (f) EFFECTIVE DATE.— paragraph (2), when the’’; and (2) in subclause (II), by striking ‘‘, and’’ (1) IN GENERAL.—Except as provided in (B) by adding at the end the following: and inserting a comma; and paragraph (2), the amendments made by this ‘‘(2) EXCEPTION.—The administrative au- (3) by striking subclause (III). section shall apply to coverage months in thority and the Commission shall not be re- taxable years beginning after December 31, quired to corroborate any dumping margin SEC. 504. PARTICULAR MARKET SITUATION. 2013. or countervailing duty applied in a separate (a) DEFINITION OF ORDINARY COURSE OF (2) PLANS AVAILABLE ON INDIVIDUAL MARKET segment of the same proceeding.’’; and TRADE.—Section 771(15) of the Tariff Act of FOR USE OF TAX CREDIT.—The amendment (3) by adding at the end the following: 1930 (19 U.S.C. 1677(15)) is amended by adding made by subsection (d)(2) shall apply to cov- ‘‘(d) SUBSIDY RATES AND DUMPING MARGINS at the end the following: erage months in taxable years beginning IN ADVERSE INFERENCE DETERMINATIONS.— ‘‘(C) Situations in which the administering after December 31, 2015. ‘‘(1) IN GENERAL.—If the administering au- authority determines that the particular (3) TRANSITION RULE.—Notwithstanding thority uses an inference that is adverse to market situation prevents a proper compari- section 35(g)(11)(B)(i) of the Internal Revenue the interests of a party under subsection son with the export price or constructed ex- Code of 1986 (as added by this title), an elec- (b)(1)(A) in selecting among the facts other- port price.’’. tion to apply section 35 of such Code to an el- wise available, the administering authority (b) DEFINITION OF NORMAL VALUE.—Section igible coverage month (as defined in section may— 773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 35(b) of such Code) (and not to claim the ‘‘(A) in the case of a countervailing duty U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by credit under section 36B of such Code with proceeding— striking ‘‘in such other country.’’.

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(c) DEFINITION OF CONSTRUCTED VALUE.— redesignated by paragraph (2), to read as fol- ‘‘(4) Venting, not including grommet(s). Section 773(e) of the Tariff Act of 1930 (19 lows: ‘‘(5) Articulated elbows or knees. U.S.C. 1677b(e)) is amended— ‘‘(B) the number of exporters or producers ‘‘(6) Reinforcement in one of the following (1) in paragraph (1), by striking ‘‘business’’ subject to the investigation or review is not areas: the elbows, shoulders, seat, knees, an- and inserting ‘‘trade’’; and so large that any additional individual ex- kles, or cuffs. (2) by striking the flush text at the end and amination of such exporters or producers ‘‘(7) Weatherproof closure at the waist or inserting the following: would be unduly burdensome to the admin- front. ‘‘For purposes of paragraph (1), if a par- istering authority and inhibit the timely ‘‘(8) Multi-adjustable hood or adjustable ticular market situation exists such that the completion of the investigation or review.’’; collar. cost of materials and fabrication or other and ‘‘(9) Adjustable powder skirt, inner protec- processing of any kind does not accurately (5) by adding at the end the following: tive skirt, or adjustable inner protective cuff reflect the cost of production in the ordinary ‘‘(2) DETERMINATION OF UNDULY BURDEN- at sleeve hem. course of trade, the administering authority SOME.—In determining if an individual exam- ‘‘(10) Construction at the arm gusset that may use another calculation methodology ination under paragraph (1)(B) would be un- utilizes fabric, design, or patterning to allow under this subtitle or any other calculation duly burdensome, the administering author- radial arm movement. methodology. For purposes of paragraph (1), ity may consider the following: ‘‘(11) Odor control technology. the cost of materials shall be determined ‘‘(A) The complexity of the issues or infor- The term ‘recreational performance outer- without regard to any internal tax in the ex- mation presented in the proceeding, includ- wear’ does not include occupational outer- porting country imposed on such materials ing questionnaires and any responses there- wear. or their disposition that is remitted or re- to. ‘‘(d) For purposes of this Note, the fol- funded upon exportation of the subject mer- ‘‘(B) Any prior experience of the admin- lowing terms have the following meanings: chandise produced from such materials.’’. istering authority in the same or similar ‘‘(1) The term ‘treated with plastics’ refers SEC. 505. DISTORTION OF PRICES OR COSTS. proceeding. to textile fabrics impregnated, coated, cov- (a) INVESTIGATION OF BELOW-COST SALES.— ‘‘(C) The total number of investigations ered, or laminated with plastics, as described Section 773(b)(2) of the Tariff Act of 1930 (19 under subtitle A or B and reviews under sec- in Note 2 to chapter 59. U.S.C. 1677b(b)(2)) is amended by striking tion 751 being conducted by the admin- ‘‘(2) The term ‘sealed seams’ means seams subparagraph (A) and inserting the fol- istering authority as of the date of the deter- that have been covered by means of taping, lowing: mination. gluing, bonding, cementing, fusing, welding, ‘‘(A) REASONABLE GROUNDS TO BELIEVE OR ‘‘(D) Such other factors relating to the or a similar process so that water cannot SUSPECT.— timely completion of each such investigation pass through the seams when tested in ac- ‘‘(i) REVIEW.—In a review conducted under and review as the administering authority cordance with the current version of AATCC section 751 involving a specific exporter, considers appropriate.’’. Test Method 35. there are reasonable grounds to believe or SEC. 507. APPLICATION TO CANADA AND MEXICO. ‘‘(3) The term ‘critically sealed seams’ suspect that sales of the foreign like product Pursuant to article 1902 of the North Amer- means— have been made at prices that are less than ican Free Trade Agreement and section 408 ‘‘(A) for jackets, windbreakers, and similar the cost of production of the product if the of the North American Free Trade Agree- articles (including padded, sleeveless jack- administering authority disregarded some or ment Implementation Act (19 U.S.C. 3438), ets), sealed seams that are sealed at the all of the exporter’s sales pursuant to para- the amendments made by this title shall front and back yokes, or at the shoulders, graph (1) in the investigation or, if a review apply with respect to goods from Canada and arm holes, or both, where applicable; and has been completed, in the most recently Mexico. ‘‘(B) for trousers, overalls and bib overalls completed review. TITLE VI—TARIFF CLASSIFICATION OF and similar articles, sealed seams that are ‘‘(ii) REQUESTS FOR INFORMATION.—In an in- CERTAIN ARTICLES sealed at the front (up to the zipper or other vestigation initiated under section 732 or a SEC. 601. TARIFF CLASSIFICATION OF REC- means of closure) and back rise. review conducted under section 751, the ad- REATIONAL PERFORMANCE OUTER- ‘‘(4) The term ‘insulation for cold weather ministering authority shall request informa- WEAR. protection’ means insulation with either tion necessary to calculate the constructed (a) AMENDMENTS TO ADDITIONAL U.S. synthetic fill, down, a laminated thermal value and cost of production under sub- NOTES.—The Additional U.S. Notes to chap- backing, or other lining for thermal protec- sections (e) and (f) to determine whether ter 62 of the Harmonized Tariff Schedule of tion from cold weather. there are reasonable grounds to believe or the United States are amended— ‘‘(5) The term ‘venting’ refers to closeable suspect that sales of the foreign like product (1) in Additional U.S. Note 2— or permanent constructed openings in a gar- have been made at prices that represent less (A) by striking ‘‘For the purposes of sub- ment (excluding front, primary zipper clo- than the cost of production of the product.’’. headings’’ and all that follows through sures and grommet(s)) to allow increased ex- (b) PRICES AND COSTS IN NONMARKET ECONO- ‘‘6211.20.15’’ and inserting ‘‘For purposes of pulsion of built-up heat during outdoor ac- MIES.—Section 773(c) of the Tariff Act of 1930 this chapter’’; tivities. In a jacket, such openings are often (19 U.S.C. 1677b(c)) is amended by adding at (B) by striking ‘‘garments classifiable in positioned on the underarm seam of a gar- the end the following: those subheadings’’ and inserting ‘‘a gar- ment but may also be placed along other ‘‘(5) DISCRETION TO DISREGARD CERTAIN ment’’; and seams in the front or back of a garment. In PRICE OR COST VALUES.—In valuing the fac- (C) by striking ‘‘D 3600-81’’ and inserting trousers, such openings are often positioned tors of production under paragraph (1) for ‘‘D 3779–81’’; and on the inner or outer leg seams of a garment the subject merchandise, the administering (2) by adding at the end the following new but may also be placed along other seams in authority may disregard price or cost values notes: without further investigation if the admin- ‘‘(c) For purposes of this chapter, the term the front or back of a garment. istering authority has determined that ‘recreational performance outerwear’ means ‘‘(6) The term ‘articulated elbows or knees’ broadly available export subsidies existed or trousers (including, but not limited to, pad- refers to the construction of a sleeve (or pant particular instances of subsidization oc- dling pants, ski or snowboard pants, and ski leg) to allow improved mobility at the elbow curred with respect to those price or cost or snowboard pants intended for sale as parts (or knee) through the use of extra seams, values or if those price or cost values were of ski-suits), coveralls and bib overalls, and darts, gussets, or other means. subject to an antidumping order.’’. jackets (including, but not limited to, full ‘‘(7) The term ‘reinforcement’ refers to the SEC. 506. REDUCTION IN BURDEN ON DEPART- zip jackets, paddling jackets, ski jackets, use of a double layer of fabric or section(s) of MENT OF COMMERCE BY REDUCING and ski jackets intended for sale as parts of fabric that is abrasion-resistant or otherwise THE NUMBER OF VOLUNTARY RE- ski-suits), windbreakers, and similar articles more durable than the face fabric of the gar- SPONDENTS. (including padded, sleeveless jackets) com- ment. Section 782(a) of the Tariff Act of 1930 (19 posed of fabrics of cotton, wool, hemp, bam- ‘‘(8) The term ‘weatherproof closure’ means U.S.C. 1677m(a)) is amended— boo, silk, or manmade fiber, or a combina- a closure (including, but not limited to, lam- (1) in paragraph (1), by redesignating sub- tion of such fibers, that are either water re- inated or coated zippers, storm flaps, or paragraphs (A) and (B) as clauses (i) and (ii), sistant or treated with plastics, or both, with other weatherproof construction) that has respectively, and by moving such clauses, as critically sealed seams, and with five or been reinforced or engineered in a manner to so redesignated, 2 ems to the right; more of the following features: reduce the penetration or absorption of (2) by redesignating paragraphs (1) and (2) ‘‘(1) Insulation for cold weather protection. moisture or air through an opening in the as subparagraphs (A) and (B), respectively, ‘‘(2) Pockets, at least one of which has a garment. and by moving such subparagraphs, as so re- zippered, hook and loop, or other type of clo- ‘‘(9) The term ‘multi-adjustable hood or ad- designated, 2 ems to the right; sure. justable collar’ means, in the case of a hood, (3) by striking ‘‘INVESTIGATIONS AND RE- ‘‘(3) Elastic, drawcord, or other means of a hood into which is incorporated two or VIEWS.—In’’ and inserting the following: ‘‘IN- tightening around the waist or leg hems, in- more draw cords, adjustment tabs, or VESTIGATIONS AND REVIEWS.— cluding hidden leg sleeves with a means of elastics, or, in the case of a collar, a collar ‘‘(1) IN GENERAL.—In’’; tightening at the ankle for trousers and into which is incorporated at least one draw (4) in paragraph (1), as designated by para- tightening around the waist or bottom hem cord, adjustment tab, elastic, or similar graph (3), by amending subparagraph (B), as for jackets. component, to allow volume adjustments

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‘‘ 6201.11 Of wool or fine animal hair: 6201.11.05 Recreational performance outerwear ...... 41¢/kg + 16.3% Free (BH, CA, CL, 52.9¢/kg + 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 6201.11.10 Other ...... 41¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 52.9¢/kg + 58.5% ’’. (2) By striking subheadings 6201.12.10 and 6201.12.05 having the same degree of indenta- 6201.12.10 (as in effect on the day before the 6201.12.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.12.05 Recreational performance outerwear ...... 9.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 6201.12.20 Other ...... 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (3) By striking subheadings 6201.13.10 heading 6201.13.05 having the same degree of subheading 6201.13.10 (as in effect on the day through 6201.13.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.13.05 Recreational performance outerwear ...... 27.7% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.13.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other:

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6201.13.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 49.7¢/kg + Free (BH, CA, CL, 52.9¢/kg + 58.5% 19.7% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6201.13.40 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’.

(4) By striking subheadings 6201.19.10 and 6201.19.05 having the same degree of indenta- 6201.19.10 (as in effect on the day before the 6201.19.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.19.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6201.19.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6201.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (5) By striking subheadings 6201.91.10 and 6201.91.05 having the same degree of indenta- 6201.91.10 (as in effect on the day before the 6201.91.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.91.05 Recreational performance outerwear ...... 49.7¢/kg + Free (BH, CA, CL, 58.5% 19.7% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (OM) Other: 6201.91.10 Padded, sleeveless jackets ...... 8.5% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 7.6% (AU) 3.4% (OM) 6201.91.20 Other ...... 49.7¢/kg + Free (BH, CA, CL, 19.7% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (OM) 52.9¢/kg + 58.5% ’’. (6) By striking subheadings 6201.92.10 heading 6201.92.05 having the same degree of subheading 6201.92.10 (as in effect on the day through 6201.92.20 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.92.05 Recreational performance outerwear ...... 9.4% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6201.92.15 Water resistant...... 6.2% Free (BH, CA, CL, 37.5% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU)

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6201.92.20 Other ...... 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’.

(7) By striking subheadings 6201.93.10 heading 6201.93.05 having the same degree of subheading 6201.93.10 (as in effect on the day through 6201.93.35 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6201.93.05 Recreational performance outerwear ...... 27.7% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6201.93.20 Padded, sleeveless jackets ...... 14.9% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.25 Containing 36 percent or more by weight of wool or fine animal hair ...... 49.5¢/kg + Free (BH, CA, CL, 52.9¢/kg + 58.5% 19.6% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6201.93.30 Water resistant...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6201.93.35 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (8) By striking subheadings 6201.99.10 and 6201.99.05 having the same degree of indenta- 6201.99.10 (as in effect on the day before the 6201.99.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6201.99.05 Recreational performance outerwear ...... 4.2% Free (BH, CA, CL, 35% CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.7% (AU) Other: 6201.99.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6201.99.90 Other ...... 4.2% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.7% (AU) 35% ’’. (9) By striking subheading 6202.11.00 and in- same degree of indentation as the article de- fect on the day before the date of the enact- serting the following, with the article de- scription for subheading 6202.11.00 (as in ef- ment of this Act): scription for subheading 6202.11 having the

‘‘ 6202.11 Of wool or fine animal hair: 6202.11.05 Recreational performance outerwear ...... 41¢/kg + 16.3% Free (BH, CA, CL, 46.3¢/kg + 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM)

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6202.11.10 Other ...... 41¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% ’’.

(10) By striking subheadings 6202.12.10 and 6202.12.05 having the same degree of indenta- 6202.12.10 (as in effect on the day before the 6202.12.20 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.12.05 Recreational performance outerwear ...... 8.9% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 6202.12.20 Other ...... 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (11) By striking subheadings 6202.13.10 heading 6202.13.05 having the same degree of subheading 6202.13.10 (as in effect on the day through 6202.13.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6202.13.05 Recreational performance outerwear ...... 27.7% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.13.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.13.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 43.5¢/kg + Free (BH, CA, CL, 46.3¢/kg + 58.5% 19.7% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6202.13.40 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (12) By striking subheadings 6202.19.10 and 6202.19.05 having the same degree of indenta- 6202.19.10 (as in effect on the day before the 6202.19.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.19.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6202.19.10 Containing 70 percent or more by weight or silk or silk waste ...... Free 35% 6202.19.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’.

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‘‘ 6202.91.05 Recreational performance outerwear ...... 36¢/kg + 16.3% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (OM) Other: 6202.91.10 Padded, sleeveless jackets ...... 14% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.6% (OM) 6202.91.20 Other ...... 36¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% ’’. (14) By striking subheadings 6202.92.10 heading 6202.92.05 having the same degree of subheading 6202.92.10 (as in effect on the day through 6202.92.20 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6202.92.05 Recreational performance outerwear ...... 8.9% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.92.15 Water resistant...... 6.2% Free (BH, CA, CL, 37.5% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU) 6202.92.20 Other ...... 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’. (15) By striking subheadings 6202.93.10 heading 6202.93.05 having the same degree of subheading 6202.93.10 (as in effect on the day through 6202.93.50 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6202.93.05 Recreational performance outerwear ...... 27.7% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.93.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... 4.4% Free (BH, CA, CL, 60% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) Other: 6202.93.20 Padded, sleeveless jackets ...... 14.9% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)

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Other: 6202.93.40 Containing 36 percent or more by weight of wool or fine animal hair ...... 43.4¢/kg + Free (BH, CA, CL, 46.3¢/kg + 58.5% 19.7% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6202.93.45 Water resistant...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6202.93.50 Other ...... 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% ’’.

(16) By striking subheadings 6202.99.10 and 6202.99.05 having the same degree of indenta- 6202.99.10 (as in effect on the day before the 6202.99.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6202.99.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: 6202.99.10 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6202.99.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (17) By striking subheadings 6203.41 and lowing, with the article description for sub- heading 6203.41 (as in effect on the day before 6203.41.05, and the superior text to sub- heading 6203.41 having the same degree of in- the date of the enactment of this Act): heading 6203.41.05, and inserting the fol- dentation as the article description for sub-

‘‘ 6203.41 Of wool or fine animal hair: 6203.41.05 Recreational performance outerwear ...... 41.9¢/kg + Free (BH, CA, CL, 52.9¢/kg + 58.5% 16.3% CO,IL, JO,KR, MA,MX, P, PA, PE, SG) 8% (AU) 16.7¢/kg + 6.5% (OM) Trousers, breeches and shorts: 6203.41.10 Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 9 kg per dozen ...... 7.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.8% (AU) 3% (OM) 52.9¢/kg + 58.5% ’’. (18) By striking subheadings 6203.42.10 heading 6203.42.05 having the same degree of subheading 6203.42.10 (as in effect on the day through 6203.42.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.42.05 Recreational performance outerwear ...... 16.6% Free (BH, CA, CL, 90% CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) Other: 6203.42.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6203.42.20 Bib and brace overalls ...... 10.3% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)

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6203.42.40 Other ...... 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% ’’.

(19) By striking subheadings 6203.43.10 heading 6203.43.05 having the same degree of subheading 6203.43.10 (as in effect on the day through 6203.43.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.43.05 Recreational performance outerwear ...... 27.9% Free (BH, CA, CL, 90% CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR) Other: 6203.43.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6203.43.15 Water resistant...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6203.43.20 Other ...... 14.9% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.25 Certified hand-loomed and folklore products ...... 12.2% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.30 Containing 36 percent or more by weight of wool or fine animal hair ...... 49.6¢/kg + Free (BH, CA, CL, 52.9¢/kg + 58.5% 19.7% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6203.43.35 Water resistant trousers or breeches ...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 2.8% (KR) 6203.43.40 Other ...... 27.9% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR) 90% ’’. (20) By striking subheadings 6203.49 heading 6203.49 having the same degree of in- heading 6203.49 (as in effect on the day before through 6203.49.80 and inserting the fol- dentation as the article description for sub- the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6203.49 Of other textile materials: 6203.49.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG) 1.1% (KR) Other: Of artificial fibers:

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6203.49.10 Bib and brace overalls ...... 8.5% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.6% (AU) Trousers, breeches and shorts: 6203.49.15 Certified hand-loomed and folklore products ...... 12.2% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6203.49.20 Other ...... 27.9% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6203.49.40 Containing 70 percent or more by weight of silk or silk waste ...... Free 35% 6203.49.80 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG) 1.1% (KR) 35% ’’.

(21) By striking subheadings 6204.61.10 and 6204.61.05 having the same degree of indenta- 6204.61.10 (as in effect on the day before the 6204.61.90 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6204.61.05 Recreational performance outerwear ...... 13.6% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU) Other: 6204.61.10 Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg per dozen ...... 7.6% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 3% (OM) 6.8% (AU) 6204.61.90 Other ...... 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU) 58.5% ’’. (22) By striking subheadings 6204.62.10 heading 6204.62.05 having the same degree of subheading 6204.62.10 (as in effect on the day through 6204.62.40 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6204.62.05 Recreational performance outerwear ...... 16.6% Free (BH, CA, CL, 90% CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) Other: 6204.62.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: 6204.62.20 Bib and brace overalls ...... 8.9% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6204.62.30 Certified hand-loomed and folklore products ...... 7.1% Free (BH, CA, CL, 37.5% CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)

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6204.62.40 Other ...... 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% ’’.

(23) By striking subheadings 6204.63.10 heading 6204.63.05 having the same degree of subheading 6204.63.10 (as in effect on the day through 6204.63.35 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6204.63.05 Recreational performance outerwear ...... 28.6% Free (BH, CA, CL, 90% CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR) Other: 6204.63.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down ...... Free 60% Other: Bib and brace overalls: 6204.63.12 Water resistant...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.63.15 Other ...... 14.9% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6204.63.20 Certified hand-loomed and folklore products ...... 11.3% Free (BH, CA, CL, 76% CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6204.63.25 Containing 36 percent or more by weight of wool or fine animal hair ...... 13.6% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Other: 6204.63.30 Water resistant trousers or breeches ...... 7.1% Free (BH, CA, CL, 65% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.63.35 Other ...... 28.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR) 90% ’’. (24) By striking subheadings 6204.69 heading 6204.69 having the same degree of in- heading 6204.69 (as in effect on the day before through 6204.69.90 and inserting the fol- dentation as the article description for sub- the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6204.69 Of other textile materials: 6204.69.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: Of artificial fibers: 6204.69.10 Bib and brace overalls ...... 13.6% Free (BH, CA, CL, 76% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Trousers, breeches and shorts:

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6204.69.20 Containing 36 percent or more by weight of wool or fine animal hair ...... 13.6% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 6204.69.25 Other ...... 28.6% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) Of silk or silk waste: 6204.69.40 Containing 70 percent or more by weight of silk or silk waste ...... 1.1% Free (AU, BH, CA, 65% CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 6204.69.60 Other ...... 7.1% Free (BH, CA, CL, 65% CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 6204.69.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’.

(25) By striking subheadings 6210.40.30 and 6210.40.05 having the same degree of indenta- 6210.40.30 (as in effect on the day before the 6210.40.50 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6210.40.05 Recreational performance outerwear 7.1% Free (AU, BH, CA, 65% CL, IL, JO, KR, MA, MX, OM, P, PE, SG) Other: 6210.40.30 Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric ...... 3.8% Free (AU, BH, CA, 65% CL, IL, JO, KR, MA, MX, OM, P, PE, SG) 6210.40.50 Other ...... 7.1% Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG) 65% ’’. (26) By striking subheadings 6210.50.30 and 6210.50.05 having the same degree of indenta- 6210.50.30 (as in effect on the day before the 6210.50.50 and inserting the following, with tion as the article description for subheading date of the enactment of this Act): the article description for subheading

‘‘ 6210.50.05 Recreational performance outerwear 7.1% Free (AU, BH, CA, 65% CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) Other: 6210.50.30 Having an outer surface impreg- nated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric ...... 3.8% Free (AU, BH, CA, 65% CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) 6210.50.50 Other ...... 7.1% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PE, SG) 65% ’’. (27) By striking subheading 6211.32.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.32.00 (as in ef- ment of this Act): scription for subheading 6211.32 having the

‘‘ 6211.32 Of cotton: 6211.32.05 Recreational performance outerwear ...... 8.1% Free (AU, BH, CA, 90% CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)

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6211.32.10 Other ...... 8.1% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 90% ’’.

(28) By striking subheading 6211.33.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.33.00 (as in ef- ment of this Act): scription for subheading 6211.33 having the

‘‘ 6211.33 Of man-made fibers: 6211.33.05 Recreational performance outerwear ...... 16% Free (AU, BH, CA, 76% CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 6211.33.10 Other ...... 16% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 76% ’’. (29) By striking subheadings 6211.39.05 heading 6211.39.05 having the same degree of subheading 6211.39.05 (as in effect on the day through 6211.39.90 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6211.39.05 Recreational performance outerwear ...... 2.8% Free (AU, BH, CA, 35% CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) Other: ...... 6211.39.10 Of wool or fine animal hair ...... 12% Free (AU, BH, CA, 58.5% CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 6211.39.20 Containing 70 percent or more by weight of silk or silk waste ...... 0.5% Free (AU, BH, CA, 35% CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6211.39.90 Other ...... 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% ’’. (30) By striking subheading 6211.42.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.42.00 (as in ef- ment of this Act): scription for subheading 6211.42 having the

‘‘ 6211.42 Of cotton: 6211.42.05 Recreational performance outerwear ...... 8.1% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU) 6211.42.10 Other ...... 8.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU) 90% ’’. (31) By striking subheading 6211.43.00 and same degree of indentation as the article de- fect on the day before the date of the enact- inserting the following, with the article de- scription for subheading 6211.43.00 (as in ef- ment of this Act): scription for subheading 6211.43 having the

‘‘ 6211.43 Of man-made fibers: 6211.43.05 Recreational performance outerwear ...... 16% Free (BH, CA, CL, 90% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM)

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6211.43.10 Other ...... 16% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM) 90% ’’.

(32) By striking subheadings 6211.49.10 heading 6211.49.05 having the same degree of subheading 6211.49.10 (as in effect on the day through 6211.49.90 and inserting the fol- indentation as the article description for before the date of the enactment of this Act): lowing, with the article description for sub-

‘‘ 6211.49.05 Recreational performance outerwear ...... 7.3% Free (BH, CA, CL, 35% CO, E, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU) 2.9% (KR) Other: 6211.49.10 Containing 70 percent or more by weight of silk or silk waste ...... 1.2% Free (AU, BH, CA, 35% CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6211.49.41 Of wool or fine animal hair ...... 12% Free (BH, CA, CL, 58.5% CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 8% (AU) 6211.49.90 Other ...... 7.3% Free (BH, CA, CL, CO, E, IL, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU) 2.9% (KR) 35% ’’. (c) EFFECTIVE DATE.—This section and the 64 of the Harmonized Tariff Schedule of the the use of a coated or laminated textile fab- amendments made by this section shall— United States are amended by adding at the ric.’’. (1) take effect on the 180th day after the end the following: (b) DUTY TREATMENT FOR PROTECTIVE AC- date of the enactment of this Act; and ‘‘(f) For the purposes of subheadings TIVE FOOTWEAR.—Chapter 64 of the Har- (2) apply to articles entered, or withdrawn 6402.91.42 and 6402.99.32, the term ‘protective from warehouse for consumption, on or after active footwear’ means footwear (other than monized Tariff Schedule of the United States such 180th day. footwear described in Subheading Note 1) is amended as follows: that is designed for outdoor activities, such (1) By inserting after subheading 6402.91.40 SEC. 602. DUTY TREATMENT OF PROTECTIVE AC- as hiking shoes, trekking shoes, running the following new subheading, with the arti- TIVE FOOTWEAR. shoes, and trail running shoes, the foregoing cle description for subheading 6402.91.42 hav- (a) DEFINITION OF PROTECTIVE ACTIVE FOOT- valued over $24/pair and which provides pro- ing the same degree of indentation as the ar- WEAR.—The Additional U.S. Notes to chapter tection against water that is imparted by ticle description for subheading 6402.91.40:

‘‘ 6402.91.42 Protective active footwear (except footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper and except footwear with insulation that provides protection against cold weather), whose height from the bottom of the outer sole to the top of the upper does not exceed 15.34 cm ...... 20% Free (AU, BH, CA, CL, D, E, IL, JO, KR, MA, MX, OM, P, PA, PE, R, SG) 35% ’’. (2) By inserting immediately preceding heading, with the article description for sub- indentation as the article description for subheading 6402.99.33 the following new sub- heading 6402.99.32 having the same degree of subheading 6402.99.33:

‘‘ 6402.99.32 Protective active footwear ...... 20% Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P) 1% (PA) 6% (OM) 6% (PE) 12% (CO) 20% (KR) 35% ’’. (c) STAGED RATE REDUCTIONS.—The staged (2) apply to articles entered, or withdrawn Generalized System of Preferences under reductions in special rates of duty pro- from warehouse for consumption, on or after title V of the Trade Act of 1974 (19 U.S.C. 2461 claimed for subheading 6402.99.90 of the Har- such 15th day. et seq.), the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.), and the Caribbean monized Tariff Schedule of the United States TITLE VII—MISCELLANEOUS PROVISIONS before the date of the enactment of this Act Basin Economic Recovery Act (19 U.S.C. 2701 SEC. 701. REPORT ON CONTRIBUTION OF TRADE et seq.), to the reduction of poverty and the shall be applied to subheading 6402.99.32 of PREFERENCE PROGRAMS TO RE- elimination of hunger. such Schedule, as added by subsection (b)(2), DUCING POVERTY AND ELIMI- beginning in calendar year 2016. NATING HUNGER. TITLE VIII—OFFSETS Not later than 1 year after the date of the (d) EFFECTIVE DATE.—This section and the enactment of this Act, the President shall SEC. 801. CUSTOMS USER FEES EXTENSION. amendments made by this section shall— submit to Congress a report assessing the (a) IN GENERAL.—Section 13031(j)(3)(A) of (1) take effect on the 15th day after the contribution of the trade preference pro- the Consolidated Omnibus Budget Reconcili- date of the enactment of this Act; and grams of the United States, including the ation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is

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amended by striking ‘‘September 30, 2024’’ ‘‘(A) IN GENERAL.—Except as otherwise pro- (B) by striking ‘‘$250,000’’ and inserting and inserting ‘‘July 7, 2025’’. vided by the Secretary, no deduction shall be ‘‘$500,000’’; and (b) RATE FOR MERCHANDISE PROCESSING allowed under subsection (a) unless the tax- (3) in subparagraph (C)— FEES.—Section 503 of the United States– payer receives a statement furnished under (A) by striking ‘‘$200,000’’ and inserting Korea Free Trade Agreement Implementa- section 6050S(d) which contains all of the in- ‘‘$500,000’’; and tion Act (Public Law 112–41; 125 Stat. 460) is formation required by paragraph (2) thereof. (B) by striking ‘‘$500,000’’ (prior to amend- amended by striking ‘‘June 30, 2021’’ and in- ‘‘(B) STATEMENT RECEIVED BY DEPENDENT.— ment by subparagraph (A)) and inserting serting ‘‘June 30, 2025’’. The receipt of the statement referred to in ‘‘$1,500,000’’. SEC. 802. ADDITIONAL CUSTOMS USER FEES EX- subparagraph (A) by an individual described (d) PENALTY IN CASE OF INTENTIONAL DIS- TENSION. in subsection (c)(3) shall be treated for pur- REGARD.—Section 6721(e) of such Code is (a) IN GENERAL.—Section 13031(j)(3) of the poses of subparagraph (A) as received by the amended— Consolidated Omnibus Budget Reconciliation taxpayer.’’. (1) by striking ‘‘$250’’ in paragraph (2) and Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (c) INFORMATION REQUIRED TO BE PROVIDED inserting ‘‘$500’’; and (1) in subparagraph (B)(i), by striking ON PAYEE STATEMENT.—Section 6050S(d)(2) of (2) by striking ‘‘$1,500,000’’ in paragraph ‘‘September 30, 2024’’ and inserting ‘‘Sep- such Code is amended to read as follows: (3)(A) and inserting ‘‘$3,000,000’’. ‘‘(2) the information required by subsection tember 30, 2025’’; and (e) FAILURE TO FURNISH CORRECT PAYEE (b)(2).’’. (2) by adding at the end the following: STATEMENTS.— ‘‘(D) Fees may be charged under para- (d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable (1) IN GENERAL.—Section 6722(a)(1) of such graphs (9) and (10) of subsection (a) during Code is amended— the period beginning on July 29, 2025, and years beginning after the date of the enact- ment of this Act. (A) by striking ‘‘$100’’ and inserting ‘‘$250’’; ending on September 30, 2025.’’. and (b) RATE FOR MERCHANDISE PROCESSING SEC. 805. SPECIAL RULE FOR EDUCATIONAL IN- (B) by striking ‘‘$1,500,000’’ and inserting STITUTIONS UNABLE TO COLLECT FEES.—Section 503 of the United States– ‘‘$3,000,000’’. Korea Free Trade Agreement Implementa- TINS OF INDIVIDUALS WITH RE- SPECT TO HIGHER EDUCATION TUI- (2) REDUCTION WHERE CORRECTION IN SPECI- tion Act (Public Law 112–41; 125 Stat. 460) is TION AND RELATED EXPENSES. FIED PERIOD.— amended by adding at the end the following: (a) IN GENERAL.—Section 6724 of the Inter- (A) CORRECTION WITHIN 30 DAYS.—Section ‘‘(c) FURTHER ADDITIONAL PERIOD.—For the nal Revenue Code of 1986 is amended by add- 6722(b)(1) of such Code is amended— period beginning on July 15, 2025, and ending ing at the end the following new subsection: (i) by striking ‘‘$30’’ and inserting ‘‘$50’’; on September 30, 2025, section 13031(a)(9) of ‘‘(f) SPECIAL RULE FOR RETURNS OF EDU- (ii) by striking ‘‘$100’’ and inserting ‘‘$250’’; the Consolidated Omnibus Budget Reconcili- CATIONAL INSTITUTIONS RELATED TO HIGHER and ation Act of 1985 (19 U.S.C. 58c(a)(9)) shall be EDUCATION TUITION AND RELATED EX- (iii) by striking ‘‘$250,000’’ and inserting applied and administered— PENSES.—No penalty shall be imposed under ‘‘$500,000’’. ‘‘(1) in subparagraph (A), by substituting section 6721 or 6722 solely by reason of failing (B) FAILURES CORRECTED ON OR BEFORE AU- ‘0.3464’ for ‘0.21’; and to provide the TIN of an individual on a re- GUST 1.—Section 6722(b)(2) of such Code is ‘‘(2) in subparagraph (B)(i), by substituting turn or statement required by section amended— ‘0.3464’ for ‘0.21’.’’. 6050S(a)(1) if the eligible educational institu- (i) by striking ‘‘$60’’ and inserting ‘‘$100’’; SEC. 803. TIME FOR PAYMENT OF CORPORATE ES- tion required to make such return contem- (ii) by striking ‘‘$100’’ (prior to amendment TIMATED TAXES. poraneously makes a true and accurate cer- by clause (i)) and inserting ‘‘$250’’; and Notwithstanding section 6655 of the Inter- tification under penalty of perjury (and in (iii) by striking ‘‘$500,000’’ and inserting nal Revenue Code of 1986, in the case of a such form and manner as may be prescribed ‘‘$1,500,000’’. corporation with assets of not less than by the Secretary) that it has complied with (3) LOWER LIMITATION FOR PERSONS WITH $1,000,000,000 (determined as of the end of the standards promulgated by the Secretary for GROSS RECEIPTS OF NOT MORE THAN $5,000,000.— preceding taxable year)— obtaining such individual’s TIN.’’. Section 6722(d)(1) of such Code is amended— (1) the amount of any required installment (b) EFFECTIVE DATE.—The amendments (A) in subparagraph (A)— of corporate estimated tax which is other- made by this section shall apply to returns (i) by striking ‘‘$500,000’’ and inserting wise due in July, August, or September of required to be made, and statements re- ‘‘$1,000,000’’; and 2020 shall be increased by 8 percent of such quired to be furnished, after December 31, (ii) by striking ‘‘$1,500,000’’ and inserting amount (determined without regard to any 2015. ‘‘$3,000,000’’; increase in such amount not contained in SEC. 806. PENALTY FOR FAILURE TO FILE COR- (B) in subparagraph (B)— such Code); and RECT INFORMATION RETURNS AND (i) by striking ‘‘$75,000’’ and inserting (2) the amount of the next required install- PROVIDE PAYEE STATEMENTS. ‘‘$175,000’’; and ment after an installment referred to in (a) IN GENERAL.—Section 6721(a)(1) of the (ii) by striking ‘‘$250,000’’ and inserting paragraph (1) shall be appropriately reduced Internal Revenue Code of 1986 is amended— ‘‘$500,000’’; and to reflect the amount of the increase by rea- (1) by striking ‘‘$100’’ and inserting ‘‘$250’’; (C) in subparagraph (C)— son of such paragraph. and (i) by striking ‘‘$200,000’’ and inserting SEC. 804. PAYEE STATEMENT REQUIRED TO (2) by striking ‘‘$1,500,000’’ and inserting ‘‘$500,000’’; and CLAIM CERTAIN EDUCATION TAX ‘‘$3,000,000’’. (ii) by striking ‘‘$500,000’’ (prior to amend- BENEFITS. (b) REDUCTION WHERE CORRECTION IN SPECI- ment by subparagraph (A)) and inserting (a) AMERICAN OPPORTUNITY CREDIT, HOPE FIED PERIOD.— ‘‘$1,500,000’’. SCHOLARSHIP CREDIT, AND LIFETIME LEARNING (1) CORRECTION WITHIN 30 DAYS.—Section (4) PENALTY IN CASE OF INTENTIONAL DIS- CREDIT.— 6721(b)(1) of such Code is amended— REGARD.—Section 6722(e) of such Code is (1) IN GENERAL.—Section 25A(g) of the In- (A) by striking ‘‘$30’’ and inserting ‘‘$50’’; amended— ternal Revenue Code of 1986 is amended by (B) by striking ‘‘$100’’ and inserting ‘‘$250’’; (A) by striking ‘‘$250’’ in paragraph (2) and adding at the end the following new para- and inserting ‘‘$500’’; and graph: (C) by striking ‘‘$250,000’’ and inserting (B) by striking ‘‘$1,500,000’’ in paragraph ‘‘(8) PAYEE STATEMENT REQUIREMENT.—Ex- ‘‘$500,000’’. (3)(A) and inserting ‘‘$3,000,000’’. cept as otherwise provided by the Secretary, (2) FAILURES CORRECTED ON OR BEFORE AU- (f) EFFECTIVE DATE.—The amendments no credit shall be allowed under this section GUST 1.—Section 6721(b)(2) of such Code is made by this section shall apply with respect unless the taxpayer receives a statement fur- amended— to returns and statements required to be nished under section 6050S(d) which contains (A) by striking ‘‘$60’’ and inserting ‘‘$100’’; filed after December 31, 2015. all of the information required by paragraph (B) by striking ‘‘$100’’ (prior to amendment (2) thereof.’’. by subparagraph (A)) and inserting ‘‘$250’’; SEC. 807. CHILD TAX CREDIT NOT REFUNDABLE (2) STATEMENT RECEIVED BY DEPENDENT.— and FOR TAXPAYERS ELECTING TO EX- Section 25A(g)(3) of such Code is amended by (C) by striking ‘‘$500,000’’ and inserting CLUDE FOREIGN EARNED INCOME FROM TAX. striking ‘‘and’’ at the end of subparagraph ‘‘$1,500,000’’. (A), by striking the period at the end of sub- (c) LOWER LIMITATION FOR PERSONS WITH (a) IN GENERAL.—Section 24(d) of the Inter- paragraph (B) and inserting ‘‘, and’’, and by GROSS RECEIPTS OF NOT MORE THAN nal Revenue Code of 1986 is amended by add- adding at the end the following: $5,000,000.—Section 6721(d)(1) of such Code is ing at the end the following new paragraph: ‘‘(C) a statement described in paragraph (8) amended— ‘‘(5) EXCEPTION FOR TAXPAYERS EXCLUDING and received by such individual shall be (1) in subparagraph (A)— FOREIGN EARNED INCOME.—Paragraph (1) shall treated as received by the taxpayer.’’. (A) by striking ‘‘$500,000’’ and inserting not apply to any taxpayer for any taxable (b) DEDUCTION FOR QUALIFIED TUITION AND ‘‘$1,000,000’’; and year if such taxpayer elects to exclude any RELATED EXPENSES.—Section 222(d) of such (B) by striking ‘‘$1,500,000’’ and inserting amount from gross income under section 911 Code is amended by redesignating paragraph ‘‘$3,000,000’’; for such taxable year.’’. (6) as paragraph (7), and by inserting after (2) in subparagraph (B)— (b) EFFECTIVE DATE.—The amendment paragraph (5) the following new paragraph: (A) by striking ‘‘$75,000’’ and inserting made by this section shall apply to taxable ‘‘(6) PAYEE STATEMENT REQUIREMENT.— ‘‘$175,000’’; and years beginning after December 31, 2014.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.055 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4328 CONGRESSIONAL RECORD — SENATE June 18, 2015 SEC. 808. COVERAGE AND PAYMENT FOR RENAL MCCONNELL to the bill H.R. 1295, to ex- (Purpose: To improve section 1204, relating DIALYSIS SERVICES FOR INDIVID- tend the African Growth and Oppor- to the National Guard State Partnership UALS WITH ACUTE KIDNEY INJURY. Program) (a) COVERAGE.—Section 1861(s)(2)(F) of the tunity Act, the Generalized System of Social Security Act (42 U.S.C. 1395x(s)(2)(F)) Preferences, the preferential duty On page 599, after line 21, add the fol- is amended by inserting before the semicolon treatment program for Haiti, and for lowing: the following: ‘‘, including such renal dialy- other purposes; as follows: (g) ENHANCED SCOPE OF AUTHORITY.—Sub- sis services furnished on or after January 1, section (a)(1) of such section, as amended by In the amendment subsection (b)(1) of this section, is further 2017, by a renal dialysis facility or provider Strike ‘‘3 days’’ and insert ‘‘4 days’’ of services paid under section 1881(b)(14) to amended by inserting after ‘‘activities de- an individual with acute kidney injury (as f scribed in paragraph (2)’’ the following: ‘‘, to defined in section 1834(r)(2))’’. support the security cooperation objectives of the United States,’’. (b) PAYMENT.—Section 1834 of the Social AUTHORITY FOR COMMITTEES TO Security Act (42 U.S.C. 1395m) is amended by MEET (h) PROCEDURES.—Such section, as amend- adding at the end the following new sub- ed by subsections (b) through (f) of this sec- COMMITTEE ON ENERGY AND NATURAL section: tion, is further amended— RESOURCES ‘‘(r) PAYMENT FOR RENAL DIALYSIS SERV- (1) by redesignating subsections (c) ICES FOR INDIVIDUALS WITH ACUTE KIDNEY IN- Mr. ROBERTS. Mr. President, I ask through (g) as subsections (d) through (h), JURY.— unanimous consent that the Com- respectively; and ‘‘(1) PAYMENT RATE.—In the case of renal mittee on Energy and Natural Re- (2) by inserting after subsection (b) the fol- dialysis services (as defined in subparagraph sources’ Subcommittee on Water and lowing new subsection (c): (B) of section 1881(b)(14)) furnished under this Power be authorized to meet during ‘‘(c) COORDINATION OF ACTIVITIES.—The part by a renal dialysis facility or provider Chief of the National Guard Bureau shall the session of the Senate on June 18, designate a director for each State and terri- of services paid under such section during a 2015, at 2 p.m., in room SD–366 of the year (beginning with 2017) to an individual tory to be responsible for the coordination of with acute kidney injury (as defined in para- Dirksen Senate Office Building. activities under a program established under graph (2)), the amount of payment under this The PRESIDING OFFICER. Without subsection (a) for such State or territory and part for such services shall be the base rate objection, it is so ordered. reporting on activities under the program.’’. (i) ANNUAL REPORT.—Paragraph (2)(B) of for renal dialysis services determined for COMMITTEE ON FINANCE such year under such section, as adjusted by subsection (f) of such section, as redesig- Mr. ROBERTS. Mr. President, I ask nated by subsection (h)(1) of this section, is any applicable geographic adjustment factor unanimous consent that the Com- applied under subparagraph (D)(iv)(II) of amended— such section and may be adjusted by the Sec- mittee on Finance be authorized to (1) in clause (iii), by inserting ‘‘or other retary (on a budget neutral basis for pay- meet during the session of the Senate government organizations’’ after ‘‘and secu- ments under this paragraph) by any other on June 18, 2015, at 10 a.m., in room rity forces’’; adjustment factor under subparagraph (D) of SD–215 of the Dirksen Senate Office (2) in clause (iv), by adding at the end be- such section. Building, to conduct a hearing entitled fore the period the following: ‘‘and country’’; ‘‘(2) INDIVIDUAL WITH ACUTE KIDNEY INJURY ‘‘Dead End, No Turn Around, Danger (3) in clause (v), by striking ‘‘training’’ and DEFINED.—In this subsection, the term ‘indi- inserting ‘‘activities’’; and Ahead: Challenges to the Future of (4) by adding at the end the following: vidual with acute kidney injury’ means an Highway Funding.’’ individual who has acute loss of renal func- ‘‘(vi) An assessment of the extent to which tion and does not receive renal dialysis serv- The PRESIDING OFFICER. Without the activities conducted during the previous ices for which payment is made under sec- objection, it is so ordered. year met the objectives described in clause tion 1881(b)(14).’’. SELECT COMMITTEE ON INTELLIGENCE (v).’’. Mr. ROBERTS. Mr. President, I ask ORDER FOR PRINTING SA 2066. Mr. MCCONNELL proposed unanimous consent that the Select Mr. MCCONNELL. Mr. President, I an amendment to amendment SA 2065 Committee on Intelligence be author- further ask unanimous consent that proposed by Mr. MCCONNELL (for him- ized to meet during the session of the the bill as passed by the Senate be self and Mr. HATCH) to the bill H.R. Senate on June 18, 2015, at 2:30 p.m. printed. 1295, to extend the African Growth and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Opportunity Act, the Generalized Sys- objection, it is so ordered. objection, it is so ordered. tem of Preferences, the preferential SUBCOMMITTEE ON REGULATORY AFFAIRS AND (The bill, H.R. 1735, as amended, will duty treatment program for Haiti, and FEDERAL MANAGEMENT be printed in a future edition of the for other purposes; as follows: Mr. ROBERTS. Mr. President, I ask RECORD.) At the end add the following. unanimous consent that the Sub- ‘‘This Act shall take effect 1 day after the committee on Regulatory Affairs and f date of enactment.’’ Federal Management of the Committee SA 2067. Mr. MCCONNELL proposed on Homeland Security and Govern- UNANIMOUS CONSENT AGREE- an amendment to the bill H.R. 1295, to mental Affairs be authorized to meet MENT—EXECUTIVE CALENDAR during the session of the Senate on extend the African Growth and Oppor- Mr. MCCONNELL. Mr. President, I June 18, 2015, at 9 a.m., to conduct a tunity Act, the Generalized System of ask unanimous consent that on Mon- hearing entitled, ‘‘Re-examining EPA’s Preferences, the preferential duty day, June 22, at 5 p.m., the Senate pro- Management of the Renewable Fuel treatment program for Haiti, and for ceed to executive session to the en bloc Standard Program.’’ other purposes; as follows: consideration of Executive Calendar The PRESIDING OFFICER. Without At the end add the following. Nos. 156 and 124; that there be 30 min- objection, it is so ordered. ‘‘This Act shall take effect 2 days after the utes of debate equally divided in the date of enactment.’’ f usual form; that upon the use or yield- SA 2068. Mr. MCCONNELL proposed ing back of time, the Senate proceed to NATIONAL DEFENSE AUTHORIZA- vote without intervening action or de- an amendment to amendment SA 2067 TION ACT FOR FISCAL YEAR 2016 proposed by Mr. MCCONNELL to the bill bate on the nominations in the order H.R. 1295, to extend the African Growth AMENDMENT NO. 1474, AS MODIFIED listed, and that following disposition of and Opportunity Act, the Generalized Mr. MCCONNELL. Mr. President, I the nominations the motions to recon- System of Preferences, the preferential ask unanimous consent that notwith- sider be considered made and laid upon duty treatment program for Haiti, and standing the passage of H.R. 1735, the the table; that no further motions be in for other purposes; as follows: Coons amendment No. 1474, which was order to the nominations; that any In the Instructions agreed to, be modified by replacing the statements related to the nominations Strike ‘‘2 days’’ and insert ‘‘3 days’’ text therein with the text of Coons be printed in the Record; that the amendment No. 2058. President be immediately notified of SA 2069. Mr. MCCONNELL proposed The PRESIDING OFFICER. Without the Senate’s action and the Senate an amendment to amendment SA 2068 objection, it is so ordered. then resume legislative session. proposed by Mr. MCCONNELL to the The amendment, as modified, is as The PRESIDING OFFICER. Without amendment SA 2067 proposed by Mr. follows: objection, it is so ordered.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.055 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE June 18, 2015 CONGRESSIONAL RECORD — SENATE S4329 SURFACE TRANSPORTATION (6) by redesignating section 726 as section ‘‘(2) NONPUBLIC COLLABORATIVE DISCUS- BOARD REAUTHORIZATION ACT 1325. SIONS.— OF 2015 (b) INDEPENDENT ESTABLISHMENT.—Section ‘‘(A) IN GENERAL.—Notwithstanding section 1301, as redesignated by subsection (a)(3), is 552b of title 5, a majority of the members Mr. MCCONNELL. Mr. President, I amended by striking subsection (a) and in- may hold a meeting that is not open to pub- ask unanimous consent that the Sen- serting the following: lic observation to discuss official agency ate proceed to the immediate consider- ‘‘(a) ESTABLISHMENT.—The Surface Trans- business if— ation of Calendar No. 94, S. 808. portation Board is an independent establish- ‘‘(i) no formal or informal vote or other of- The PRESIDING OFFICER. The ment of the United States Government.’’. ficial agency action is taken at the meeting; clerk will report the bill by title. (c) CONFORMING AMENDMENTS.— ‘‘(ii) each individual present at the meet- ing is a member or an employee of the Board; The senior assistant legislative clerk (1) ADMINISTRATIVE PROVISIONS.—Section 1303, as redesignated by subsection (a)(3), is and read as follows: amended— ‘‘(iii) the General Counsel of the Board is A bill (S. 808) to establish the Surface (A) by striking subsections (a), (c), (f), and present at the meeting. Transportation Board as an independent es- (g); ‘‘(B) DISCLOSURE OF NONPUBLIC COLLABO- tablishment, and for other purposes. (B) by redesignating subsections (b), (d), RATIVE DISCUSSIONS.—Except as provided There being no objection, the Senate and (e) as subsections (a), (b), and (c), respec- under subparagraph (C), not later than 2 proceeded to consider the bill. tively; and business days after the conclusion of a meet- Mr. MCCONNELL. I ask unanimous (C) by adding at the end the following: ing under subparagraph (A), the Board shall consent that the bill be read a third ‘‘(d) SUBMISSION OF CERTAIN DOCUMENTS TO make available to the public, in a place eas- CONGRESS.— ily accessible to the public— time and passed and that the motion to ‘‘(1) IN GENERAL.—If the Board submits any ‘‘(i) a list of the individuals present at the reconsider be considered made and laid budget estimate, budget request, supple- meeting; and upon the table. mental budget estimate, or other budget in- ‘‘(ii) a summary of the matters discussed The PRESIDING OFFICER. Without formation, legislative recommendation, pre- at the meeting, except for any matters the objection, it is so ordered. pared testimony for a congressional hearing, Board properly determines may be withheld The bill (S. 808) was ordered to be en- or comment on legislation to the President from the public under section 552b(c) of title grossed for a third reading, was read or to the Office of Management and Budget, 5. the third time, and passed, as follows: the Board shall concurrently submit a copy ‘‘(C) SUMMARY.—If the Board properly de- of such document to— termines matters may be withheld from the S. 808 ‘‘(A) the Committee on Commerce, public under section 555b(c) of title 5, the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Science, and Transportation of the Senate; Board shall provide a summary with as much (a) SHORT TITLE.—This Act may be cited as and general information as possible on those the ‘‘Surface Transportation Board Reau- ‘‘(B) the Committee on Transportation and matters withheld from the public. thorization Act of 2015’’. Infrastructure of the House of Representa- ‘‘(D) ONGOING PROCEEDINGS.—If a discussion (b) TABLE OF CONTENTS.—The table of con- tives. under subparagraph (A) directly relates to an tents for this Act is as follows: ‘‘(2) NO APPROVAL REQUIRED.—No officer or ongoing proceeding before the Board, the Sec. 1. Short title; table of contents. agency of the United States has any author- Board shall make the disclosure under sub- Sec. 2. References to title 49, United States ity to require the Board to submit budget es- paragraph (B) on the date of the final Board Code. timates or requests, legislative recommenda- decision. Sec. 3. Establishment of Surface Transpor- tions, prepared testimony for congressional ‘‘(E) PRESERVATION OF OPEN MEETINGS RE- tation Board as an independent hearings, or comments on legislation to any QUIREMENTS FOR AGENCY ACTION.—Nothing in establishment. officer or agency of the United States for ap- this paragraph may be construed to limit the Sec. 4. Surface Transportation Board mem- proval, comments, or review before submit- applicability of section 552b of title 5 with bership. ting such recommendations, testimony, or respect to a meeting of the members other Sec. 5. Nonpublic collaborative discussions. comments to Congress.’’. than that described in this paragraph. Sec. 6. Reports. SEC. 4. SURFACE TRANSPORTATION BOARD MEM- ‘‘(F) STATUTORY CONSTRUCTION.—Nothing Sec. 7. Authorization of appropriations. BERSHIP. in this paragraph may be construed— Sec. 8. Agent in the District of Columbia. (a) IN GENERAL.—Section 1301(b), as redes- ‘‘(i) to limit the applicability of section Sec. 9. Department of Transportation In- ignated by subsection 3(a), is amended— 552b of title 5 with respect to any informa- spector General authority. tion which is proposed to be withheld from Sec. 10. Amendment to table of sections. (1) in paragraph (1)— (A) by striking ‘‘3 members’’ and inserting the public under subparagraph (B)(ii); or Sec. 11. Procedures for rate cases. ‘‘(ii) to authorize the Board to withhold Sec. 12. Investigative authority. ‘‘5 members’’; and from any individual any record that is acces- Sec. 13. Arbitration of certain rail rates and (B) by striking ‘‘2 members’’ and inserting sible to that individual under section 552a of practices disputes. ‘‘3 members’’; and title 5, United States Code.’’. Sec. 14. Effect of proposals for rates from (2) by striking paragraph (2) and inserting multiple origins and destina- the following: SEC. 6. REPORTS. tions. ‘‘(2) At all times— (a) REPORTS.—Section 1304, as amended by Sec. 15. Reports. ‘‘(A) at least 3 members of the Board shall section 3, is further amended— Sec. 16. Criteria. be individuals with professional standing and (1) by striking the section heading and in- Sec. 17. Construction. demonstrated knowledge in the fields of serting the following: SEC. 2. REFERENCES TO TITLE 49, UNITED transportation, transportation regulation, or ‘‘§ 1304. Reports’’; STATES CODE. economic regulation; and (2) by inserting ‘‘(a) ANNUAL REPORT.—’’ Except as otherwise expressly provided, ‘‘(B) at least 2 members shall be individ- before ‘‘The Board’’; wherever in this Act an amendment or repeal uals with professional or business experience (3) by striking ‘‘on its activities.’’ and in- is expressed in terms of an amendment to, or (including agriculture) in the private sec- serting ‘‘on its activities, including each in- repeal of, a section or other provision, the tor.’’. stance in which the Board has initiated an reference shall be considered to be made to a (b) REPEAL OF OBSOLETE PROVISION.—Sec- investigation on its own initiative under this section or other provision of title 49, United tion 1301(b), as amended by this section, is chapter or subtitle IV.’’; and States Code. further amended— (4) by adding at the end the following: SEC. 3. ESTABLISHMENT OF SURFACE TRANS- (1) by striking paragraph (4); ‘‘(b) RATE CASE REVIEW METRICS.— PORTATION BOARD AS AN INDE- (2) by redesignating paragraphs (5), (6), and ‘‘(1) QUARTERLY REPORTS.—The Board shall PENDENT ESTABLISHMENT. (7) as paragraphs (4), (5), and (6), respec- post a quarterly report of rail rate review (a) REDESIGNATION OF CHAPTER 7 OF TITLE tively; and cases pending or completed by the Board 49, UNITED STATES CODE.—Title 49 is amend- (3) in paragraph (4), as redesignated, by during the previous quarter that includes— ed— striking ‘‘who becomes a member of the ‘‘(A) summary information of the case, in- (1) by moving chapter 7 after chapter 11 in Board pursuant to paragraph (4), or an indi- cluding the docket number, case name, com- subtitle II; vidual’’. modity or commodities involved, and rate (2) by redesignating chapter 7 as chapter SEC. 5. NONPUBLIC COLLABORATIVE DISCUS- review guideline or guidelines used; 13; SIONS. ‘‘(B) the date on which the rate review pro- (3) by redesignating sections 701 through Section 1303(a), as redesignated by sub- ceeding began; 706 as sections 1301 through 1306, respec- sections (a) and (c) of section 3, is amended ‘‘(C) the date for the completion of dis- tively; to read as follows: covery; (4) by striking sections 725 and 727; ‘‘(a) OPEN MEETINGS.— ‘‘(D) the date for the completion of the evi- (5) by redesignating sections 721 through ‘‘(1) IN GENERAL.—The Board shall be dentiary record; 724 as sections 1321 through 1324, respec- deemed to be an agency for purposes of sec- ‘‘(E) the date for the submission of closing tively; and tion 552b of title 5. briefs;

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.089 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4330 CONGRESSIONAL RECORD — SENATE June 18, 2015 ‘‘(F) the date on which the Board issued ‘‘(2) issue findings and recommendations which the development of the evidentiary the final decision; and for actions to address the problems referred record is completed under clause (ii). ‘‘(G) a brief summary of the final decision; to in paragraph (1); and ‘‘(iv) A final Board decision shall be issued ‘‘(2) WEBSITE POSTING.—Each quarterly re- ‘‘(3) submit periodic reports to the Com- not later than 180 days after the date on port shall be posted on the Board’s public mittee on Commerce, Science, and Transpor- which the evidentiary record is completed website.’’. tation of the Senate, and the Committee on under clause (ii). (b) COMPILATION OF COMPLAINTS AT SUR- Transportation and Infrastructure of the ‘‘(B) The Board may extend a timeline FACE TRANSPORTATION BOARD.— House of Representatives that describe any under subparagraph (A) after a request from (1) IN GENERAL.—Section 1304, as amended progress made in implementing actions to any party or in the interest of due process.’’. by subsection (a), is further amended by add- address the problems referred to in para- (c) PROCEDURES.—Not later than 180 days ing at the end the following: graph (1). after the date of the enactment of this Act, ‘‘(c) COMPLAINTS.— ‘‘(c) ACCESS TO INFORMATION.—In carrying the Surface Transportation Board shall ini- ‘‘(1) IN GENERAL.—The Board shall estab- out this section, the Inspector General may tiate a proceeding to assess procedures that lish and maintain a database of complaints exercise authorities granted to the Inspector are available to parties in litigation before received by the Board. General under subsections (a) and (b) of sec- courts to expedite such litigation and the po- ‘‘(2) QUARTERLY REPORTS.—The Board shall tion 6 of the Inspector General Act of 1978 (5 tential application of any such procedures to post a quarterly report of formal and infor- U.S.C. App.). rate cases. mal service complaints received by the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (d) EXPIRED RAIL SERVICE CONTRACT LIMI- Board during the previous quarter that in- ‘‘(1) FUNDING.—There are authorized to be TATION.—Section 10709 is amended by strik- cludes— appropriated to the Secretary of Transpor- ing subsection (h). ‘‘(A) the date on which the complaint was tation for use by the Inspector General of SEC. 12. INVESTIGATIVE AUTHORITY. received by the Board; the Department of Transportation such sums (a) AUTHORITY TO INITIATE INVESTIGA- ‘‘(B) a list of the type of each complaint; as may be necessary to cover expenses asso- TIONS.—Section 11701(a) is amended— ‘‘(C) the geographic region of each com- ciated with activities pursuant to the au- (1) by striking ‘‘only on complaint’’ and in- plaint; and thority exercised under this section. serting ‘‘on the Board’s own initiative or ‘‘(D) the resolution of each complaint, if ‘‘(2) REIMBURSABLE AGREEMENT.—In the ab- upon receiving a complaint pursuant to sub- appropriate. sence of an appropriation under this sub- section (b)’’; and ‘‘(3) WRITTEN CONSENT.—The quarterly re- section for an expense referred to in para- (2) by adding at the end the following: ‘‘If port may identify a complainant that sub- graph (1), the Inspector General and the the Board finds a violation of this part in a mitted an informal complaint only upon the Board shall have a reimbursement agree- proceeding brought on its own initiative, any written consent of the complainant. ment to cover such expense.’’. remedy from such proceeding may only be ‘‘(4) WEBSITE POSTING.—Each quarterly re- SEC. 10. AMENDMENT TO TABLE OF SECTIONS. applied prospectively.’’. port shall be posted on the Board’s public The table of sections for chapter 13, as re- (b) LIMITATIONS ON INVESTIGATIONS OF THE website.’’. designated by section 3(a), is amended to BOARD’S INITIATIVE.—Section 11701, as SEC. 7. AUTHORIZATION OF APPROPRIATIONS. read as follows: amended by subsection (a), is further amend- Section 1305, as redesignated by section 3, ‘‘CHAPTER 13—SURFACE ed by adding at the end the following: is amended by striking paragraphs (1) TRANSPORTATION BOARD ‘‘(d) In any investigation commenced on through (3) and inserting the following: ‘‘I—ESTABLISHMENT the Board’s own initiative, the Board shall— ‘‘(1) $33,000,000 for fiscal year 2016; ‘‘(1) not later than 30 days after initiating ‘‘Sec. ‘‘(2) $35,000,000 for fiscal year 2017; the investigation, provide written notice to ‘‘1301. Establishment of Board ‘‘(3) $35,500,000 for fiscal year 2018; the parties under investigation, which shall ‘‘1302. Functions. ‘‘(4) $35,500,000 for fiscal year 2019; and state the basis for such investigation; ‘‘1303. Administrative provisions. ‘‘(2) only investigate issues that are of na- ‘‘(5) $36,000,000 for fiscal year 2020.’’. ‘‘1304. Reports. tional or regional significance; SEC. 8. AGENT IN THE DISTRICT OF COLUMBIA. ‘‘1305. Authorization of appropriations. ‘‘(3) permit the parties under investigation (a) DESIGNATION OF AGENT AND SERVICE OF ‘‘1306. Reporting official action. to file a written statement describing any or NOTICE.—Section 1323, as redesignated by ‘‘II—ADMINISTRATIVE section 3(a), is amended— all facts and circumstances concerning a ‘‘1321. Powers. (1) in subsection (a), by striking ‘‘in the matter which may be the subject of such in- ‘‘1322. Board action. District of Columbia,’’; and vestigation; ‘‘1323. Service of notice in Board proceedings. (2) in subsection (c), by striking ‘‘in the ‘‘(4) make available to the parties under in- ‘‘1324. Service of process in court pro- District of Columbia’’. vestigation and Board members— ceedings. (b) SERVICE OF PROCESS IN COURT PRO- ‘‘(A) any recommendations made as a re- ‘‘1325. Railroad-Shipper Transportation Advi- CEEDINGS.—Section 1324(a), as redesignated sult of the investigation; and sory Council. by section 3(a), is amended by striking ‘‘in ‘‘(B) a summary of the findings that sup- ‘‘1326. Authority of the Inspector General.’’. the District of Columbia’’ each place such port such recommendations; phrase appears. SEC. 11. PROCEDURES FOR RATE CASES. ‘‘(5) to the extent practicable, separate the (a) SIMPLIFIED PROCEDURE.—Section investigative and decisionmaking functions SEC. 9. DEPARTMENT OF TRANSPORTATION IN- SPECTOR GENERAL AUTHORITY. 10701(d)(3) is amended to read as follows: of staff; ‘‘(3) The Board shall maintain 1 or more ‘‘(6) dismiss any investigation that is not Subchapter II of chapter 13, as redesig- simplified and expedited methods for deter- concluded by the Board with administrative nated by section 3(a)(2), is amended by in- mining the reasonableness of challenged finality within 1 year after the date on which serting after section 1325, as redesignated by rates in those cases in which a full stand- it was commenced; and section 3(a)(6), the following: alone cost presentation is too costly, given ‘‘(7) not later than 90 days after receiving ‘‘§ 1326. Authority of the Inspector General the value of the case.’’. the recommendations and summary of find- ‘‘(a) IN GENERAL.—The Inspector General of (b) EXPEDITED HANDLING; RATE REVIEW ings under paragraph (4)— the Department of Transportation, in ac- TIMELINES.—Section 10704(d) is amended— ‘‘(A) dismiss the investigation if no further cordance with the mission of the Inspector (1) by striking ‘‘(d) Within 9 months’’ and action is warranted; or General to prevent and detect fraud and all that follows through ‘‘railroad rates.’’ ‘‘(B) initiate a proceeding to determine if a abuse, shall have authority to review only and inserting the following: provision under this part has been violated. the financial management, property manage- ‘‘(d)(1) The Board shall maintain proce- ‘‘(e)(1) Any parties to an investigation ment, and business operations of the Surface dures to ensure the expeditious handling of against whom a violation is found as a result Transportation Board, including internal ac- challenges to the reasonableness of railroad of an investigation begun on the Board’s own counting and administrative control sys- rates.’’; and initiative may, not later than 60 days after tems, to determine the Board’s compliance (2) by adding at the end the following: the date of the order of the Board finding with applicable Federal laws, rules, and reg- ‘‘(2)(A) Except as provided under subpara- such a violation, institute an action in the ulations. graph (B), in a stand-alone cost rate chal- United States court of appeals for the appro- ‘‘(b) DUTIES.—In carrying out this section, lenge, the Board shall comply with the fol- priate judicial circuit for de novo review of the Inspector General shall— lowing timeline: such order in accordance with chapter 7 of ‘‘(1) keep the Chairman of the Board, the ‘‘(i) Discovery shall be completed not later title 5. Committee on Commerce, Science, and than 150 days after the date on which the ‘‘(2) The court— Transportation of the Senate, and the Com- challenge is initiated. ‘‘(A) shall have jurisdiction to enter a mittee on Transportation and Infrastructure ‘‘(ii) The development of the evidentiary judgment affirming, modifying, or setting of the House of Representatives fully and record shall be completed not later than 155 aside, in whole or in part, the order of the currently informed about problems relating days after the date on which discovery is Board; and to administration of the internal accounting completed under clause (i). ‘‘(B) may remand the proceeding to the and administrative control systems of the ‘‘(iii) The closing brief shall be submitted Board for such further action as the court Board; not later than 60 days after the date on may direct.’’.

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(c) RULEMAKINGS FOR INVESTIGATIONS OF ‘‘(d) ARBITRATION DECISIONS.—Any decision ‘‘(2) PRACTICE DISPUTES.—The damage THE BOARD’S INITIATIVE.—Not later than 1 reached in an arbitration process under this award for practice disputes may not exceed year after the date of the enactment of this section— $2,000,000. Act, the Board shall issue rules, after notice ‘‘(1) shall be consistent with sound prin- ‘‘(3) RATE DISPUTES.— and comment rulemaking, for investigations ciples of rail regulation economics; ‘‘(A) MONETARY LIMIT.—The damage award commenced on its own initiative that— ‘‘(2) shall be in writing; for rate disputes, including any rate pre- (1) comply with the requirements of sec- ‘‘(3) shall contain findings of fact and con- scription, may not exceed $25,000,000. tion 11701(d) of title 49, United States Code, clusions; ‘‘(B) TIME LIMIT.—Any rate prescription as added by subsection (b); ‘‘(4) shall be binding upon the parties; and shall be limited to not longer than 5 years (2) satisfy due process requirements; and ‘‘(5) shall not have any precedential effect from the date of the arbitral decision. (3) take into account ex parte constraints. in any other or subsequent arbitration dis- ‘‘(h) BOARD REVIEW.—If a party appeals a SEC. 13. ARBITRATION OF CERTAIN RAIL RATES pute. decision under this section to the Board, the AND PRACTICES DISPUTES. ‘‘(e) TIMELINES.— Board may review the decision under this N ENERAL (a) I G .—Chapter 117 is amended ‘‘(1) SELECTION.—An arbitrator or panel of section to determine if— by adding at the end the following: arbitrators shall be selected not later than 14 ‘‘(1) the decision is consistent with sound ‘‘§ 11708. Voluntary arbitration of certain rail days after the date of the Board’s decision to principles of rail regulation economics; rates and practices disputes initiate arbitration. ‘‘(2) a clear abuse of arbitral authority or ‘‘(a) IN GENERAL.—Not later than 1 year ‘‘(2) EVIDENTIARY PROCESS.—The evi- discretion occurred; after the date of the enactment of the Sur- dentiary process of the voluntary and bind- ‘‘(3) the decision directly contravenes stat- face Transportation Board Reauthorization ing arbitration process shall be completed utory authority; or Act of 2015, the Board shall promulgate regu- not later than 90 days after the date on ‘‘(4) the award limitation under subsection lations to establish a voluntary and binding which the arbitration process is initiated un- (g) was violated.’’. arbitration process to resolve rail rate and less— (b) CONFORMING AMENDMENT.—The table of practice complaints subject to the jurisdic- ‘‘(A) a party requests an extension; and contents for chapter 117 is amended by add- tion of the Board. ‘‘(B) the arbitrator or panel of arbitrators, ing at the end the following: ‘‘(b) COVERED DISPUTES.—The voluntary as applicable, grants such extension request. ‘‘11708. Voluntary arbitration of certain rail and binding arbitration process established ‘‘(3) DECISION.—The arbitrator or panel of rates and practice disputes.’’. pursuant to subsection (a)— arbitrators, as applicable, shall issue a deci- SEC. 14. EFFECT OF PROPOSALS FOR RATES ‘‘(1) shall apply to disputes involving— sion not later than 30 days after the date on FROM MULTIPLE ORIGINS AND DES- ‘‘(A) rates, demurrage, accessorial charges, which the evidentiary record is closed. TINATIONS. misrouting, or mishandling of rail cars; or ‘‘(4) EXTENSIONS.—The Board may extend (a) IN GENERAL.—Not later than 90 days ‘‘(B) a carrier’s published rules and prac- any of the timelines under this subsection after the date of the enactment of this Act, tices as applied to particular rail transpor- upon the agreement of all parties in the dis- the Comptroller General of the United States tation; pute. shall commence a study of rail transpor- ‘‘(2) shall not apply to disputes— ‘‘(f) ARBITRATORS.— tation contract proposals containing mul- ‘‘(A) to obtain the grant, denial, stay, or tiple origin-to-destination movements. revocation of any license, authorization, or ‘‘(1) IN GENERAL.—Unless otherwise agreed by all of the parties, an arbitration under (b) REPORT.—Not later than 1 year after exemption; commencing the study required under sub- ‘‘(B) to prescribe for the future any con- this section shall be conducted by an arbi- trator or panel of arbitrators, which shall be section (a), the Comptroller General shall duct, rules, or results of general, industry- submit a report containing the results of the wide applicability; selected from a roster, maintained by the Board, of persons with rail transportation, study to— ‘‘(C) to enforce a labor protective condi- (1) the Committee on Commerce, Science, tion; or economic regulation, professional or busi- ness experience, including agriculture, in the and Transportation of the Senate; and ‘‘(D) that are solely between 2 or more rail (2) the Committee on Transportation and carriers; and private sector. ‘‘(2) INDEPENDENCE.—In an arbitration Infrastructure of the House of Representa- ‘‘(3) shall not prevent parties from inde- tives. pendently seeking or utilizing private arbi- under this section, the arbitrators shall per- tration services to resolve any disputes the form their duties with diligence, good faith, SEC. 15. REPORTS. parties may have. and in a manner consistent with the require- (a) REPORT ON RATE CASE METHODOLOGY.— ‘‘(c) ARBITRATION PROCEDURES.— ments of impartiality and independence. Not later than 1 year after the date of the ‘‘(1) IN GENERAL.—The Board— ‘‘(3) SELECTION.— enactment of this Act, the Surface Transpor- ‘‘(A) may make the voluntary and binding ‘‘(A) IN GENERAL.—If the parties cannot tation Board shall submit a report to the arbitration process established pursuant to mutually agree on an arbitrator, or the lead congressional committees referred to in sec- subsection (a) available only to the relevant arbitrator of a panel of arbitrators, the par- tion 14(b) that— parties; ties shall select the arbitrator or lead arbi- (1) indicates whether current large rate ‘‘(B) may make the voluntary and binding trator from the roster by alternately strik- case methodologies are sufficient, not un- arbitration process available only— ing names from the roster until only 1 name duly complex, and cost effective; ‘‘(i) after receiving the written consent to remains meeting the criteria set forth in (2) indicates whether alternative meth- arbitrate from all relevant parties; and paragraph (1). odologies exist, or could be developed, to ‘‘(ii)(I) after the filing of a written com- ‘‘(B) PANEL OF ARBITRATORS.—If the parties streamline, expedite, and address the com- plaint; or agree to select a panel of arbitrators, instead plexity of large rate cases; and ‘‘(II) through other procedures adopted by of a single arbitrator, the panel shall be se- (3) only includes alternative methodolo- the Board in a rulemaking proceeding; lected under this subsection as follows: gies, which exist or could be developed, that ‘‘(C) with respect to rate disputes, may ‘‘(i) The parties to a dispute may mutually are consistent with sound economic prin- make the voluntary and binding arbitration select 1 arbitrator from the roster to serve as ciples. process available only to the relevant parties the lead arbitrator of the panel of arbitra- (b) QUARTERLY REPORTS.—Beginning not if the rail carrier has market dominance (as tors. later than 60 days after the date of the enact- determined under section 10707); and ‘‘(ii) If the parties cannot mutually agree ment of this Act, the Surface Transportation ‘‘(D) may initiate the voluntary and bind- on a lead arbitrator, the parties shall select Board shall submit quarterly reports to the ing arbitration process not later than 40 days a lead arbitrator using the process described congressional committees referred to in sec- after the date on which a written complaint in subparagraph (A). tion 14(b) that describes the Surface Trans- is filed or through other procedures adopted ‘‘(iii) In addition to the lead arbitrator se- portation Board’s progress toward addressing by the Board in a rulemaking proceeding. lected under this subparagraph, each party the issues raised in each unfinished regu- ‘‘(2) LIMITATION.—Initiation of the vol- to a dispute shall select 1 additional arbi- latory proceeding, regardless of whether the untary and binding arbitration process shall trator from the roster, regardless of whether proceeding is subject to a statutory or regu- preclude the Board from separately review- the other party struck out the arbitrator’s latory deadline. ing a complaint or dispute related to the name under subparagraph (A). SEC. 16. CRITERIA. same rail rate or practice in a covered dis- ‘‘(4) COST.—The parties shall share the Section 10704(a)(2) is amended by inserting pute involving the same parties. costs incurred by the Board and arbitrators ‘‘for the infrastructure and investment need- ‘‘(3) RATES.—In resolving a covered dispute equally, with each party responsible for pay- ed to meet the present and future demand for involving the reasonableness of a rail car- ing its own legal and other associated arbi- rail services and’’ after ‘‘management,’’. rier’s rates, the arbitrator or panel of arbi- tration costs. SEC. 17. CONSTRUCTION. trators, as applicable, shall consider the ‘‘(g) RELIEF.— Nothing in this Act may be construed to Board’s methodologies for setting maximum ‘‘(1) IN GENERAL.—Subject to the limita- affect any suit commenced by or against the lawful rates, giving due consideration to the tions set forth in paragraphs (2) and (3), an Surface Transportation Board, or any pro- need for differential pricing to permit a rail arbitral decision under this section may ceeding or challenge pending before the Sur- carrier to collect adequate revenues (as de- award the payment of damages or rate pre- face Transportation Board, before the date of termined under section 10704(a)(2)). scriptive relief. the enactment of this Act.

VerDate Sep 11 2014 04:49 Jun 19, 2015 Jkt 049060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.081 S18JNPT1 emcdonald on DSK67QTVN1PROD with SENATE S4332 CONGRESSIONAL RECORD — SENATE June 18, 2015 CONGRATULATING THE CHICAGO CONGRATULATING THE GOLDEN deadline for all first-degree amend- BLACKHAWKS ON WINNING THE STATE WARRIORS FOR WINNING ments to both H.R. 2146 and H.R. 1295 2015 STANLEY CUP THE 2015 NATIONAL BASKETBALL be at 4 p.m., Monday, June 22. ASSOCIATION CHAMPIONSHIP The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I objection, it is so ordered. ask unanimous consent that the Sen- ask unanimous consent that the Sen- ate proceed to the immediate consider- ate proceed to the immediate consider- f ation of S. Res. 205, submitted earlier ation of S. Res. 206, submitted earlier today. today. ORDERS FOR MONDAY, JUNE 22, The PRESIDING OFFICER. The 2015 The PRESIDING OFFICER. The clerk will report the resolution by clerk will report the resolution by Mr. MCCONNELL. Mr. President, I title. now ask unanimous consent that when title. The senior assistant legislative clerk the Senate completes its business read as follows: The senior assistant legislative clerk today, it adjourn until 3 p.m. on Mon- read as follows: A resolution (S. Res. 206) congratulating day, June 22; that following the prayer the Golden State Warriors for winning the A resolution (S. Res. 205) congratulating 2015 National Basketball Association Cham- and pledge, the morning hour be the Chicago Blackhawks on winning the 2015 pionship. deemed expired, the Journal of pro- Stanley Cup. There being no objection, the Senate ceedings be approved to date, and the proceeded to consider the resolution. time for the two leaders be reserved for There being no objection, the Senate Mr. MCCONNELL. Mr. President, I their use later in the day; that fol- proceeded to consider the resolution. ask unanimous consent that the reso- lowing leader remarks, the Senate be Mr. MCCONNELL. Mr. President, I lution be agreed to, the preamble be in a period of morning business until 5 ask unanimous consent that the reso- agreed to, and the motions to recon- p.m., with Senators permitted to speak lution be agreed to, the preamble be sider be considered made and laid upon therein for up to 10 minutes each. The PRESIDING OFFICER. Without agreed to, and the motions to recon- the table with no intervening action or debate. objection, it is so ordered. sider be considered made and laid upon The PRESIDING OFFICER. Without the table with no intervening action or objection, it is so ordered. f debate. The resolution (S. Res. 206) was The PRESIDING OFFICER. Without agreed to. ADJOURNMENT UNTIL MONDAY, The preamble was agreed to. objection, it is so ordered. JUNE 22, 2015, AT 3 P.M. (The resolution, with its preamble, is The resolution (S. Res. 205) was printed in today’s RECORD under ‘‘Sub- Mr. MCCONNELL. If there is no fur- agreed to. mitted Resolutions.’’) ther business to come before the Sen- ate, I ask unanimous consent that it f The preamble was agreed to. stand adjourned under the previous (The resolution, with its preamble, is FILING DEADLINE—H.R. 2146 AND order. printed in today’s RECORD under ‘‘Sub- H.R. 1295 There being no objection, the Senate, mitted Resolutions.’’) Mr. MCCONNELL. Mr. President, I at 7:02 p.m., adjourned until Monday, ask unanimous consent that the filing June 22, 2015, at 3 p.m.

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