October 7, 2015 CONGRESSIONAL RECORD — SENATE S7195 could matter most—in Afghanistan, in Budget Act of 1974 and the waiver pro- The clerk will call the roll. the Pacific, in Ukraine, in Iraq, and in visions of applicable budget resolu- The senior assistant legislative clerk Syria. Vetoing the NDAA would be yet tions, I move to waive all applicable called the roll. another of these failures, and it would sections of that act and applicable Mr. CORNYN. The following Senators be reminiscent of a bygone day, when budget resolutions for purposes of the are necessarily absent: the Senator the fecklessness of those days were so conference report to accompany H.R. from South Carolina (Mr. GRAHAM), the accurately described by Winston 1735, and I ask for the yeas and nays. Senator from Kansas (Mr. ROBERTS), Churchill. On the floor of the House of The PRESIDING OFFICER. Is there a and the Senator from Florida (Mr. Commons, he said: sufficient second? RUBIO). When the situation was manageable it was There appears to be a sufficient sec- The PRESIDING OFFICER (Mr. neglected, and now that it is thoroughly out ond. TOOMEY). Are there any other Senators of hand we apply too late the remedies which The yeas and nays were ordered. in the Chamber desiring to vote? then might have effected a cure. There is The PRESIDING OFFICER. Under The result was announced—yeas 70, nothing new in the story. It is as old as the the previous order, all postcloture time nays 27, as follows: sibylline books. It falls into that long, dis- has expired. mal catalogue of the fruitlessness of experi- [Rollcall Vote No. 277 Leg.] The question is on agreeing to the ence and the confirmed unteachability of YEAS—70 mankind. Want of foresight, unwillingness to motion to waive. The yeas and nays have been ordered. Alexander Fischer Murphy act when action would be simple and effec- Ayotte Flake Murray tive, lack of clear thinking, confusion of The clerk will call the roll. Barrasso Gardner Perdue counsel until the emergency comes, until The bill clerk called the roll. Bennet Grassley Peters self-preservation strikes its jarring gong— Mr. CORNYN. The following Senators Blumenthal Hatch Portman these are the features which constitute the are necessarily absent: the Senator Blunt Heinrich Risch Boozman Heitkamp endless repetition of history. from South Carolina (Mr. GRAHAM), the Rounds Burr Heller Sasse My colleagues, for 53 years Congress OBERTS Cantwell Hoeven Senator from Kansas (Mr. R ), Scott Capito Inhofe has passed a National Defense Author- and the Senator from Florida (Mr. Sessions ization Act, and at perhaps no time in Casey Isakson RUBIO). Cassidy Johnson Shaheen the past half century has this legisla- The PRESIDING OFFICER. Are there Coats Kaine Shelby tion been more important. Everywhere any other Senators in the Chamber de- Cochran King Stabenow we look around the world there are re- siring to vote? Collins Kirk Sullivan Corker Klobuchar Tester minders of exactly why we need this The yeas and nays resulted—yeas 71, Cornyn Lankford Thune National Defense Authorization Act. I nays 26, as follows: Cotton Lee Tillis understand the deeply held beliefs of [Rollcall Vote No. 276 Leg.] Crapo McCain Toomey Daines McCaskill Udall many of my colleagues about the YEAS—71 Donnelly McConnell Vitter spending issues that have divided the Alexander Feinstein Murkowski Enzi Menendez Warner Congress for the last 4 years. But this Ayotte Fischer Murphy Ernst Moran Wicker is not a spending bill. It is a policy bill. Barrasso Flake Murray Feinstein Murkowski Bennet Gardner It is a reform bill. It is a bill that ac- Perdue NAYS—27 Blumenthal Grassley Peters complishes what the Constitution de- Blunt Hatch Portman Baldwin Franken Paul mands of us and what the American Boozman Heinrich Risch Booker Gillibrand Reed people expect of us. It is a bill that Burr Heitkamp Rounds Boxer Hirono Reid Cantwell Heller Sasse Brown Leahy Sanders gives our men and women in uniform, Capito Hoeven Scott Cardin Manchin Schatz many of whom are still in harm’s way Casey Inhofe Sessions Carper Markey Schumer Cassidy Isakson around the world today, the vital au- Shaheen Coons Merkley Warren Coats Johnson Cruz Mikulski Whitehouse thorities and support they need to de- Shelby Cochran Kaine Durbin Nelson Wyden fend our Nation. And it is a bill that Collins King Stabenow deserves the support of the Senate. Corker Kirk Sullivan NOT VOTING—3 Tester I suggest the absence of a quorum. Cornyn Klobuchar Graham Roberts Rubio Thune The PRESIDING OFFICER. The Cotton Lankford Crapo Lee Tillis The conference report was agreed to. clerk will call the roll. Cruz McCain Toomey The PRESIDING OFFICER. The ma- The bill clerk proceeded to call the Udall Daines McCaskill jority leader. roll. Donnelly McConnell Vitter Mr. REID. Mr. President, I ask unan- Enzi Menendez Warner f Ernst Moran Wicker imous consent that the order for the ENERGY AND WATER DEVELOP- quorum call be rescinded. NAYS—26 MENT AND RELATED AGENCIES The PRESIDING OFFICER (Mr. Baldwin Gillibrand Reed APPROPRIATIONS ACT, 2016—MO- FLAKE). Without objection, it is so or- Booker Hirono Reid TION TO PROCEED Boxer Leahy Sanders dered. Brown Manchin Mr. REID. Mr. President, the bill be- Schatz Mr. MCCONNELL. Mr. President, I Cardin Markey Schumer move to proceed to Calendar No. 96, fore us is not fiscally responsible. Our Carper Merkley Warren H.R. 2028. troops deserve real funding, not budget Coons Mikulski Whitehouse Durbin Nelson Wyden The PRESIDING OFFICER. The gimmickry. This bill does not do the Franken Paul job. My Republican friends like to talk clerk will report the motion. about the deficit and the debt and the NOT VOTING—3 The bill clerk read as follows: need to get our fiscal house in order, Graham Roberts Rubio Motion to proceed to Calendar No. 96, H.R. but their actions speak louder than The PRESIDING OFFICER. On this 2028, a bill making appropriations for energy vote, the yeas are 71, the nays are 26. and water development and related agencies their words. Now they are supporting for the fiscal year ending September 30, 2016, legislation that increases deficit spend- Three-fifths of the Senators duly cho- and for other purposes. ing and increases the burden on our sen and sworn having voted in the af- The Senator from Utah. children and grandchildren. As a re- firmative, the motion is agreed to and sult, this bill violates the budget law. the point of order falls. TRANS-PACIFIC PARTNERSHIP Mr. President, I raise a point of order The question occurs on adoption of Mr. HATCH. Mr. President, I rise to that the pending measure violates sec- the conference report to accompany talk about the recent developments in tion 3101 of S. Con. Res. 11, the concur- H.R. 1735. U.S. trade policy and their implica- rent resolution on the budget for fiscal Mr. MCCAIN. Mr. President, I ask for tions for the future. Over this past year 2016. the yeas and nays. weekend, officials from the Obama ad- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a ministration, along with 11 other coun- ator from Arizona. sufficient second? tries, reached what they believed will Mr. MCCAIN. Mr. President, pursuant There appears to be a sufficient sec- be the final agreement on the terms of to section 904 of the Congressional ond. the Trans-Pacific Partnership or TPP.

VerDate Sep 11 2014 01:30 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.037 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7196 CONGRESSIONAL RECORD — SENATE October 7, 2015 If enacted, the TPP would be the larg- ities for trade agreements but those of this administration achieved that kind est trade agreement in history, encom- a bipartisan majority in both the of an outcome for American passing approximately and roughly 40 House and the Senate. innovators. percent of the world economy and set- The congressional negotiating objec- Aside from biologics, there are other ting standards for one of the most dy- tives that we included in the statute elements that, according to initial re- namic parts of the world, the Asia-Pa- spell out in detail what must be in- ports, may have fallen short of cific. cluded in a trade agreement in order Congress’s negotiating standards. For I will repeat what I have said many for it to get Congress’s approval. The example, there are issues with some of times before. I believe a strong TPP negotiating objectives we included in the market-access provisions on agri- agreement is essential for advancing our TPA law are not just pro forma, culture, the inclusion of product—and our Nation’s economic and strategic in- they are not suggestions or mere state- sector-specific carveouts from some of terests in the Asia-Pacific region. How- ments of Members’ preferences. They the obligations, as well as some poten- ever, while I have often touted the po- represent the view of the bipartisan tial of overreaching on labor commit- tential benefits of the TPP, I have also majority in Congress as to the rights ments. While we can’t make final de- been very clear that I will not support and obligations a trade agreement terminations on any of these issues just any TPP agreement. The United must contain when it is finalized and without seeing the final text of the States has only one chance to nego- submitted for our consideration. agreement, initial indications are that tiate, consider, and implement the I have to say no one in Congress these items could be problematic when TPP. We have to get it right. Under worked harder and longer than I did to the agreement is submitted to Con- our system of government, both the ex- get that TPA bill across the finish line. gress for approval. ecutive and legislative branches play I was joined by many of my colleagues In the end, Congress will need to take essential roles in developing and imple- on both sides of the aisle who put in a good look at the entire agreement menting our trade policy. significant time and effort as we draft- and judge whether the agreement satis- While the administration has the ed the bill, got it through the com- fies the standards we have put forward power to reach agreements with other mittee, and passed it on the floor. In in our TPA law. countries, no such agreement can go fact, if you will recall, in the Senate we Beyond the negotiating objectives, into force without Congress’s approval. ended up having to pass it twice. we need to have confidence that key Congress is not just a rubberstamp in Since the day we passed the bill, I, as elements of a TPP agreement will be this process. We have an obligation to well as many of my colleagues in both implemented and respected by our evaluate every trade agreement and de- the House and Senate, have been urg- trading partners. There are a number termine if it advances our Nation’s in- ing officials and the administration to of important elements to consider terests and serves the needs of our con- do all they can to conclude a TPP when we talk about enforcement and implementation but, for now, I will stituents. Toward that end, as I con- agreement that a majority in Congress speak once again about the intellectual tinue to review the deal that was can support. Unfortunately, when we look at some of the outcomes of the property rights. struck in Atlanta, three important For too long—indeed, for decades final round of negotiations, it is not considerations will determine whether now—American innovators and inves- clear if the administration achieved I can support this agreement. tors haven’t been able to take full ad- First, the deal must be balanced to that goal. vantage of our trade agreements be- meet the U.S. negotiating objectives For example, it is not immediately cause, quite simply, many of our trad- established under our trade promotion apparent whether the agreement con- ing partners either refuse to enforce in- authority or TPA statute which Con- tains administrable and enforceable tellectual property obligations or fail gress passed earlier this year with provisions to protect intellectual prop- to implement them all together. All erty rights similar to those found in strong bipartisan majorities in both too often, this administration has U.S. law. As you will recall, this was a the House and the Senate. Second, I looked the other way as other coun- key negotiating objective that we in- must have confidence that our trading tries steal U.S. innovation and intellec- cluded in our TPA law and a necessary partners will actually live up to the tual property. commitments they have made under component if we want our trade agree- If countries want to trade with the the agreement by implementing the ments to advance our Nation’s inter- United States, we should demand that terms and obligations included in the ests in the 21st century economy. they respect and enforce the intellec- deal. Third, the agreement must be I have serious concerns as to whether tual property rights of American busi- subjected to a thorough and rigorous the administration did enough to ac- nesses and individuals. That means in- congressional review, including in- complish this objective. This is par- cluding strong provisions protecting depth consultation with the adminis- ticularly true with the provisions that intellectual property in our trade tration. govern data exclusivity for biologics. agreements and a requirement that in- Before I talk about these factors in As you know, biologics are formulas tellectual property rights commit- more detail, I want to acknowledge the that are on the cutting edge of medi- ments be implemented before allowing many years of hard work officials in cine and have transformed major ele- the agreement to enter into force for the administration, particularly those ments of the health care landscape, our trading partners. at the office of the U.S. Trade Rep- thanks in large part to the effort and Unfortunately, implementation of resentative, have put in to get the investment of American companies. I these types of commitments is one area agreement this far. I particularly want might add, it is one of the principal in- where this administration has come up to acknowledge the hard work of the dustries where we might not only be short in the past. Before Congress can lead negotiators at USTR who have able to find treatments but also cures. approve an agreement as vast as the sacrificed for years to bring this agree- It is one of the three or four things TPP, we need to be sure this has ment to conclusion. I also want to ac- that I think can bring down health changed. We need to have detailed as- knowledge that over time they made a care costs immeasurably. surances that our trading partners will great deal of progress on a variety of I am not one to argue that parties to live up to all of their commitments and fronts, but now that the administra- a negotiation should refuse to com- a clear roadmap as to how the adminis- tion says it has reached an agreement, promise. In fact, I have come to the tration intends to hold them account- it is time for Congress to intensify its floor many times over the years and es- able. review of TPP. poused, sometimes at great lengths, Finally, I expect that pursuant to The primary standards by which I— the merits of being able to find a com- both the letter and the spirit of TPA, and I would hope all of my colleagues— promise. But—and this is an important the administration will communicate will judge this trade agreement are set point—a good compromise usually re- and work closely with Congress over forth clearly in our TPA statute. As sults in something of greater overall the coming weeks and months. In the one of the original authors of the cur- value for all the parties involved, and, short term, that means deep and mean- rent TPA law, I worked hard to ensure at least according to the information ingful consultations before the Presi- that it did not just represent my prior- now available, it is unclear whether dent signs the agreement.

VerDate Sep 11 2014 01:30 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.042 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7197 Under our TPA law, the President The legislative clerk proceeded to brought the Defense appropriations bill must inform Congress of his intent to call the roll. to the floor with a vote of 23 to 7. That sign an agreement at least 90 days be- Mr. BLUNT. Mr. President, I ask means many Democrats and many Re- fore doing so. This period is an essen- unanimous consent that the order for publicans voted for that bill, but when tial part of congressional consideration the quorum call be rescinded. we got it to the floor, we couldn’t get of the deal. Congress reserved this time The PRESIDING OFFICER. Without the number it took to bring it up. in the statute to ensure that we would objection, it is so ordered. This bill, the authorizing bill, just have ample opportunity to review the NATIONAL DEFENSE AUTHORIZATION BILL passed the Senate with 70 votes. It content of a trade agreement before it Mr. BLUNT. Mr. President, I am passed the House with 270 votes. This is signed by the President. pleased to come to the floor today to bill fully supports the number the In order for that review to take express my support for the final con- President said we needed to defend the place, Congress must have access to ference report on the National Defense country. This is like not taking yes for the full text of the agreement, includ- Authorization Act, what we need to do an answer. When the President says ing annexes and any side agreements, as a Congress to authorize the work this is how much money we need to de- before the President provides his 90-day that can be done to defend the country. fend the country, the Congress appro- notice. This is a vital element of TPA. I urge the President to sign this bill. priates the money the President says The law was designed specifically to For 54 straight years the Senate has we need to defend the country, and give Congress all the necessary tools to done its job in authorizing the things then the President says: Well, but we conduct an exhaustive evaluation of that need to be done to defend the need a lot of money for a lot of other any and all trade agreements and to country. We have passed the bill. This things too, and I am only going to be ensure that the administration is fully fulfills part of that responsibility to for what I was for—this is the Presi- defend the country. It is the first re- accountable both to Congress and to dent’s number—the amount of money I sponsibility of the Federal Government the public. was for to defend the country if I get to defend the country. This is some- There are a number of provisions and the amount of money I want to do ev- thing that can’t be better done some- timelines in the law that help us erything else. achieve these goals. I will not list them where else. It is something that has to That is not a very good formula for be done by us, and two things have to all on the floor today. Instead, I will either democracy or making the sys- happen for that to be done. We have to just say that I expect the full coopera- tem work. This has the base funding authorize the spending in the way this tion of the administration in meeting for the Department of Defense. It has bill does and then we have to appro- all of these mandates. the defense funding and the national priate the money once that spending The American people demand no less. security funding for the Department of has been authorized. There are no shortcuts. Let’s be clear. Energy. It has money involved for the The majority voted several weeks Our Nation could clearly benefit from a ago to debate the appropriating bill, overseas contingency fund that was strong TPP agreement, and I hope that but we couldn’t get even six Democrats created for when things are happening in the end that is what we get—and to join us to debate that bill. Well, now outside of the country that we didn’t these other nations can too. In the end, this bill has passed. So maybe the next anticipate. And surely that is the case. The President was just saying 3 years I hope this agreement meets all of move is to pass the bill that funds what ago that the Russians weren’t a prob- these challenges that we have thrown has just been authorized. It has passed lem. That was a Cold War idea that the out. the House, it has passed the Senate, Unfortunately, I have real reserva- and the Commander in Chief of the Russians could be a problem. He was tions as to whether the agreement United States is saying he would veto saying 3 years or 4 years ago that reached over the past weekend meets the National Defense Authorization Assad must go. Clearly, things are not working out the high standards set by Congress. I Act? will not make a definitive statement The President apparently believes as we thought. So it is probably time on the overall merits of the agreement the defense of the country is a legiti- to use the overseas contingency fund, until I have a chance to review it in its mate bargaining chip in how we spend as this does. This provides money for entirety. For now, I will just say that all other money. The President some- the intelligence-related programs. I am I am worried. I am worried that we how has latched onto this idea that he on the Senate committee that the CIA, didn’t get as good a deal as we could proposed a few years ago that all the Director of National Intelligence, have. I am worried that the adminis- spending be equal, that you take all of and others report to. They are publicly tration didn’t achieve a balanced out- the discretionary spending in the coun- not at all shy about saying that more come covering the congressional nego- try and half of that would be for de- things are coming at the country from tiating objectives set out in TPA. And, fense and half of that would be for ev- more different directions with more po- ultimately, I am worried there won’t erything else that is discretionary—an tential danger than ever before and so be enough support in Congress for this increasingly small part of the budget, they need to be funded. The activities agreement and that our country will because mandatory spending is what have stressed those agencies in a lot of end up missing out on important op- continues to grow. The discretionary ways, but another way you can stress portunities. spending, the spending that people them is not to let them know whether I hope I am wrong. I will continually think about when they think about the they are going to have the money nec- scrutinize this agreement as details Federal Government, gets smaller essary to do their job. emerge. Before I can support the TPP every year. Our allies are constantly confused by deal struck in Atlanta, I must be con- But even with that challenge in front the lack of resolve on our part. In fact, vinced that the TPP is a balanced of us, the President apparently has the when you are looking at this from agreement that complies with the TPA position that no matter how dangerous some other country and you say that law and that it has clear, the world is, no matter what is hap- the President got the amount of money implementable rules that our trading pening in Ukraine or no matter what is he wanted in a defense bill that met partners will follow. happening in Crimea, no matter what the needs that the President proposed, The TPP is a once-in-a-lifetime op- is happening in Syria, no matter what but he doesn’t want to sign the author- portunity to define high-standard rules is happening in response to the Iranian ization bill now because he is not for the Asia-Pacific and to gain real ac- agreement, you have to have more happy with all the other spending, that cess to overseas markets that our busi- money for everything else if you are is a pretty confusing message. nesses and our workers need. I intend going to have more money for defense. It is like the confusing message when to do all I can to ensure that the agree- Somehow more money for the EPA and the President draws a redline in Syria ment meets these goals. more money for the IRS are equal to but it doesn’t mean anything. But Mr. President, I suggest the absence the responsibility that the Federal when you don’t enforce the redline, of a quorum. Government has to defend the country. then not just Assad is emboldened but The PRESIDING OFFICER. The We saw a little of that, again, just a all of our adversaries are determined at clerk will call the roll. few weeks ago when the appropriators that point that there may be new ways

VerDate Sep 11 2014 01:30 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.043 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7198 CONGRESSIONAL RECORD — SENATE October 7, 2015 to test the United States and its allies uniform formulary to ensure our troops equipped, and trained. At Fort Leonard they hadn’t thought of before. So, be- have timely access to the medicines Wood the Army trains approximately fore you know it, the Russians are in they need. 80,000 soldiers every year. While I was Crimea, the Russians are in Ukraine, The bill authorizes commonsense re- disappointed with the announced re- and now the Russians are in Syria. forms in a 70-year-old, outdated retire- ductions at Fort Leonard Wood, which What we are watching unfold in ment system. Currently, 83 percent of are scheduled to occur in 2017, the Syria—and I would want to emphasize the people who serve in the military number of uniformed positions at that ‘‘watching unfold’’ as if we were spec- don’t benefit from the retirement sys- installation will still be higher than tators in an area of the world that tem. If this bill would pass, service- they were in 2001. The Army’s decision since World War II the United States of members exiting the military have to minimize reductions at Fort Leon- America has done what was necessary more choices, resulting in about 80 per- ard Wood was a decision that I think to see that there wasn’t a Russian pres- cent of the people who leave the mili- anybody who understands the Fort ence there—is clearly the result of a tary getting a retirement benefit in- would agree with. strategy that is confusing, but it is stead of 80 percent not getting a retire- In summary, I want to say to the also pretty darn confusing when the ment benefit. President of the United States that President says he is going to veto the The bill keeps in place restrictions this bill provides for our common de- Defense authorization bill. that bring detainees to Guantanamo fense. That is his No. 1 responsibility We see China moving in the South and keep them there. It prohibits the as Commander in Chief. Blocking this China Sea in ways that we wouldn’t transfer of Guantanamo detainees to bill will keep us less safe and less se- have anticipated, taking a 5-acre island places such as Yemen, Libya, Syria and cure. So Mr. President, sign this bill. and turning it into a 3,000-acre mili- Somalia. Six and a half years after tak- Mr. President, I suggest the absence tary base. ing office, the President has never pro- of a quorum. We see Iran spreading its bad influ- duced a plan to close Guantanamo. The The PRESIDING OFFICER. The ence with the new resources that it Congress and the chairman of the Sen- clerk will call the roll. now has. ate Committee on Armed Services are The legislative clerk proceeded to When the United States leaves a still waiting to hear what his plan call the roll. leadership vacuum in the world today, might be. As terrorism spreads across Mr. LANKFORD. Mr. President, I ask bad things rush to fill that vacuum. the globe, we also don’t appear to have unanimous consent that the order for And when that happens—when there is a plan to do what needs to be done with the quorum call be rescinded. less U.S. leadership, when there is less the law of war detainees that are The PRESIDING OFFICER. Without U.S. presence, when there is less posi- brought under our control and the con- objection, it is so ordered. tive U.S. encouragement in the world— trol of our allies around the country. that almost always produces the wrong The challenges faced by the intel- Mr. LANKFORD. Mr. President, it is kinds of results, and it almost always ligence community are unlike any past not uncommon for me when I am at produces hasty decisions that cost challenges we have seen—cyber secu- home in Oklahoma to have a mom ap- America more in lives and inter- rity, maybe it is more cyber insecurity proach me at a townhall meeting or in national respect than we would have than cyber security—from defending conversations or even at a store or res- had otherwise. the critical infrastructure of the coun- taurant. What she will want to talk to The President can take a positive try to too much information on too me about is very interesting. Almost step here by just saying: OK. I am many people in too many places. Pre- always the moms who approach me going to sign this bill because 70 Sen- viously, people who wanted to get our lately want to talk to me about na- ators and 270 House Members voted for information had to be pretty close and tional security. They want to talk to this bill. If the President wants to have were likely to be detectable. Now our me about the fear they have that the a fight, there is still a fight to be had. adversaries can be in the middle of the world is spinning out of control, and We shouldn’t be having a fight about desert, somewhere in Syria or any- they are very concerned about their authorizing the money that would then where around the world, using satellite kids. They are concerned about ter- be appropriated, but there is still a technology to hack into us—as it rorism coming to the United States. fight to be had because, remember, this turned out recently our U.S. Govern- With a lot of moms in Oklahoma, there bill doesn’t spend one dime. It just cre- ment personnel records. One has to is a sense of a loss of trust that this is ates the authorization to spend money hope the military, the dot-mil, is more a safe world and a safe place. if that money is appropriated. secure than the dot-gov, but that I can’t say that is isolated. As I have This is a good bill. It is a responsible doesn’t happen if we don’t provide the talked to other Members in this body, bill. It eliminates waste and unneces- money. I seem to find the same theme coming sary spending. It trims down bloated There are a number of priorities in up over and over again. As I talk to headquarters and administrative over- my State that are reflected in this. We people at home, they want to know: Is head at the highest levels of the mili- have a great training base at St. Jo- the American government performing tary so that more money goes to the seph, MO, where C–130 aircraft pilots its primary responsibility of maintain- places where the fight is and more from all over our country and from 16 ing security and protecting American money goes to the families and the of our allied countries trained last citizens around the world? troops that defend us. It contains the year. This bill would provide the air- I would love to be able to tell them most sweeping defense acquisition re- craft upgrades for that C–130 training. yes, but quite frankly this has become forms in a generation. It helps sustain It provides the necessary resources a very chaotic world, and the chal- the quality of life for the people who for geospatial intelligence activities in lenges we face need clear messaging serve and their families. the country. about what we plan to do and our in- By the way, yesterday I introduced a The bill includes military construc- tent to actually follow up on that plan. bill along with Senator GILLIBRAND—a tion funding for a new consolidated nu- We need to have a national policy plan bill that focuses on family stability. clear stealth and deterrence facility at for defense, and then we need to follow When we were doing that, I was able to Whiteman Air Force Base. Missouri is through on that. quote the recently retired Chief of proud to have Whiteman Air Force That seems straightforward and sim- Staff of the Army, General Odierno, Base as the home of the B–2 bomber, ple. Well, the national defense author- who said the strength of the military is the stealth bomber system, where dedi- ization is one of those areas where Con- in the families of the military. cated airmen stand by at a moment’s gress and the President have for dec- This bill does things that move in the notice to let our allies know we can ades agreed on a national policy for de- right direction. It authorizes a pay reach anywhere, anytime from that fense. They have laid out that perspec- raise for those people serving below the base, and they are unlikely to know we tive, and then it is the President’s re- grade of colonel. It requires the De- are there until we get there. sponsibility as Commander in Chief to partment of Defense and the Veterans’ Finally, this bill includes critical fulfill. That is the primary responsi- Administration to establish a joint funding to keep the Army ready, bility of the U.S. Government. The

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.044 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7199 challenge is, our world is in utter tur- and destroyed an ISIL heavy machine Let’s look to the future and some of moil and that primary responsibility is gun and two ISIL fighting positions. the plans that are ongoing. not being fulfilled. Near Sultan Abdallah, one strike sup- Iran. We heard from Secretary Kerry Passage today of the National De- pressed an ISIL rocket position. Near and this administration that a nuclear fense Authorization Act by 70 to 27— Tal Afar, two strikes destroyed an ISIL deal with Iran would lead to a more which is a rare vote in the Senate, to fighting position, an ISIL trench, and peaceful Middle East. Since the agree- have that much bipartisan agreement an ISIL berm, and suppressed an ISIL ment was announced, we have seen on something—is a significant next mortar position. Near Tikrit, one Iran continue to arm the Houthi rebels step. It has passed the House already, strike destroyed four ISIL obstacles. in Yemen, continue to support it has now passed the Senate with a That was yesterday. Hezbollah and their expansion, and veto-proof majority, and it is headed to Americans have this belief that we continue to aggressively prop up the the President’s desk, and he has are disconnected. We are a nation that Syrian dictator Bashar al-Assad. Some threatened a veto, of all things, for a is engaged, but the challenge is that of us have stated quite blatantly our national plan for defense. there is no clear plan, there is no end suspicion that this deal would make There is a sentiment, an emotion game that is being laid out. In a mo- the region less stable. Indeed, in just 5 from Americans: Please get a clear na- ment when we have this many strikes years Iran could begin importing large tional policy. We feel like the world is that are happening in Syria and in amounts of conventional weapons on fire, and somebody needs to provide Iraq—and I can go on and on about under this deal. So an Iran that is al- a clear path. That is what this is, and what is happening with our Special ready supporting large amounts of ter- I am astounded by the conversation Forces in Afghanistan and across the rorism will only become better about a possible veto threat from the rest of the region, as I will describe in equipped in the days to come. President of the United States, even a moment, but at this moment, with China. They had a state visit here re- cently with lots of broad promises when it passes the Senate by a veto- this going on, the President is going to about cooperation. Meanwhile, we proof majority. veto a national defense authorization know that much of the cyber threat Where are we and what is really with this kind of bipartisan support, emanates from China. They are build- going on right now? Let’s take a look when the whole Nation is saying: Give ing islands in disputed waters—air- at the world and what is happening in us a plan because we feel insecure. fields capable of hosting military as- real time. The Middle East is abso- Currently, we are trying and failing sets there. They are beginning to build lutely rocked to its core with violence, to train and equip moderate opposition a world-class navy that could threaten and there is this perception that the forces against ISIL in Syria. Currently, our closest allies in the region. China United States is disconnected from it. I we are trying to give Kurds all the continues to be one of the world’s lead- would say that is untrue. We are just equipment they need to hold the line not providing clarity in the plan. ers in human rights violations. against ISIL. There are millions of dis- Russia. We have heard several of our At a time when we have men and placed people who are fleeing across women in harm’s way across the entire top military commanders say there is a Europe, who are trying to find some long list of threats, but the threat they Middle East, I am astounded that the place of respite. President is talking about a veto, are most concerned about is a growing In Yemen, we are supporting the Russia. Putin walked into Crimea, and which will provide even more insta- Saudi-led coalition as the Iranians are bility. Let me give an example. When I the world watched. He continues to causing a coup to become a reality in threaten eastern Ukraine, and the talk about men and women in harm’s Yemen by the Houthi rebels. way, there are many Americans who world watches. He is now expanding In Libya, there is still an unbeliev- Russian adventures into the Middle don’t hear about the ongoing battle able vacuum left by the incomplete East, supporting Iranian-backed happening now in Iraq and Syria and campaign, which resulted in ISIS get- Bashar al-Assad in Syria, and attack- how our sons and daughters are already ting a foothold in Libya and a bloody ing the moderate opposition forces at- very engaged in what is happening civil war in a very divided Libya. They tempting to defend their own families. there. There is this belief—I believe have not been able to form a central This is not a new vanguard against ter- fostered by the President—that we are government in several years now. rorism; this is an expansion of the really not there because we never talk Egypt is facing a growing terrorist ‘‘Russian Bear.’’ about it. threat in Sinai. There are all kinds of So what are we doing about it? We So let’s talk about yesterday. This is tit-for-tat violence happening right are trying to actually put out a clear yesterday over Iraq and Syria and what now in Israel between the Palestinians plan. Where are we going in national happened. Near Abu Kamal, there were and Israelis. defense? What are we going to do to three strikes from the Americans on In Africa, we are still hunting Joseph stop terrorism and the expansion of two separate ISIL crude oil collection Kony—a despicable madman—but with terrorists around the world? Instead of points. That was in Syria yesterday. In no success. AFRICOM is also trying to the White House cooperating with us, Iraq, one strike destroyed two ISIL assist forces working to kick al- they are threatening to veto the rocket rails. Near Kirkuk, two strikes Shabaab out of Somalia. Bloody sec- NDAA. It is unbelievable. It is astound- struck two separate ISIL tactical units tarian violence is breaking out in the ing that the White House is spending and destroyed two ISIL heavy machine Central African Republic. South Sudan more time trying to make a deal with guns and an ISIL fighting position. has an extremely fragile peace agree- Iran than they are trying to actually Near Kisik, three strikes suppressed ment. Boko Haram continues to rap- support our own military. What does two ISIL rocket positions, an ISIL idly grow in West Africa. this do? What does this agreement real- mortar position, and an ISIL sniper po- In Mexico and other parts of Latin ly accomplish? sition. Near Makhmur, one strike sup- America, drug thugs are running ramp- For those who aren’t familiar with pressed an ISIL heavy machine gun po- ant, and they are pushing drugs into the national defense authorization, let sition. Near Mosul, three strikes the United States in record amounts, me share a few things that are in this struck an ISIL tactical unit and de- destabilizing many of our cities. national defense authorization that the stroyed three ISIL heavy machine guns In Afghanistan, a new offensive by President is now saying he is going to and three ISIL fighting positions and the Taliban threatens to roll back the veto. suppressed an ISIL rocket position and progress we have made. Here is one: personal carry of fire- an ISIL mortar position. Near Ramadi, DNI Clapper testified that the world arms. Post commanders are empowered five strikes struck four separate ISIL is still facing an emerging and rapidly to permit a member of the Armed tactical units and destroyed three ISIL growing cyber threat. It is not just a Forces to carry appropriate firearms fighting positions, three ISIL weapons cyber threat to the American Govern- on our posts or bases. After the attack caches, two ISIL buildings, an ISIL ment, it is a threat to every American that happened in Chattanooga, this is bunker, and denied ISIL access to ter- citizen, as many American citizens something the American people have rain they were pursuing. Near Sinjar, have personally experienced in recent called out for. It is included in this bill, one strike struck an ISIL tactical unit days. to allow it.

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.046 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7200 CONGRESSIONAL RECORD — SENATE October 7, 2015 It provides for stronger cyber oper- figures—let me just give the last sev- leadership to our allies and to the ations capabilities and looks to safe- eral years. In 2013, the OCO funding was world, as well as show strength to our guard our technological superiority. $89 billion. The President signed that. adversaries that has restrained some of It ensures that military intelligence In 2014, OCO funding was $81 billion. their actions. That is missing. analysis remains a priority at the na- The President signed that. In 2015, OCO There is a huge void being left by the tional level. funding was $64 billion. The President lack of any kind of sensible policy—if The NDAA extends vital authorities signed that. This year’s OCO funding is there is a policy at all—coming out of for our forces in Afghanistan as we try $89 billion, which is right there in the this particular White House and from to deal with what is happening on the same range as the previous 4 years, but this President. This vacuum that has ground there. It authorizes the Iran this year he is saying: I can’t sign it; it been created has allowed the oppor- military power report for 10 additional has OCO funding. Can somebody tell tunity for those who seek to do us years, reflecting Congress’s view that me the difference on this? This is very harm, to do others harm, and those Iran’s illicit pursuit of a nuclear weap- similar to what has been done the last who seek to use power to achieve their ons capability and its malign military 4 years. means—literally, a blank check and a activities constitute a grave threat to His statement about Guantanamo free hand, knowing there is no order regional stability and U.S. national se- Bay and preventing funding—moving here in terms of addressing this in a curity interests. The NDAA reinforces the terrorists from Guantanamo Bay to successful way. the mission against the Islamic State the United States—I can tell you that So I thank my colleague for defining of Iraq and the Levant, ISIL. in my State people are adamantly op- this on the floor, and I certainly want Congress authorizes through this the posed to moving the terrorists from to support—and hopefully my col- European Reassurance Initiative to ad- Guantanamo Bay to the United States. leagues will pay attention to this seri- dress Russia’s employment of conven- Going all the way back, let’s say, to ous challenge that America faces with tional and unconventional warfare 2011, that NDAA prevented moving the lack of a coherent strategy and methods to counter U.S. and Western prisoners from Guantanamo; 2012, pre- lack of decisive leadership that is com- interests, whether it be in the Ukraine vented it; 2013, prevented it; 2014, pre- ing to us from the White House. or across the area—bicameral, bipar- vented it; 2015, prevented it. All of WASTEFUL SPENDING tisan efforts to provide assistance and those, the President signed, but for Mr. President, today we face some- sustainment for the military forces in some strange reason, this year the thing far less consequential but still Ukraine. President has said: It has OCO funds consequential from the standpoint that The NDAA allocates $30 million for and it deals with Guantanamo—just it is a contributor to another major DOD-unique capabilities to address the like every other year in the past. threat that Americans face. threatening levels of violence, insta- This is the season when we need to I have been engaged in everything bility, illicit trafficking of drugs, and bring clear voices and a clear mission, from major programs—done in a bipar- transnational organized crime in Cen- not politics. This is the primary mis- tisan way, with support from the Presi- tral America. sion we have as a federal government: dent, all of which have failed—to ad- Dealing with the Pacific region, this Take care of our national defense and dress this and bring us to the small, conference remains concerned about provide a clear messaging. sometimes almost ridiculous and em- America’s strategy in the Indo-Asia- I am proud of this Senate for fin- barrassing, spending that has taken Pacific region, and the NDAA requires ishing the conference report on the place here for those who are looking at the President to make a clear strategy NDAA and sending it to the President’s it from bottom up instead of from top for this ‘‘pivot to Asia.’’ desk. Now I would ask the Commander down. It is something I have tried to The Defense Department has also in Chief to stand with the troops, to identify every week—now for 23 placed greater emphasis—under this sign this, and let’s get on to providing weeks—called the waste of the week, agreement, the NDAA—on security co- some clarity in the days ahead. hopefully it will provide the kind of operation with all parts of the world to Mr. President, I yield the floor. embarrassment to my colleagues and make sure we have a consistent strat- The PRESIDING OFFICER. The Sen- knowledge of the fact that we simply egy. ator from Indiana. cannot keep spending money that we If we want to talk about individual Mr. COATS. Mr. President, first, I do not have. members of the military, this NDAA want to commend my colleague, my These waste of the week sums are changes how retirement is done. Now, partner on the Senate Intelligence substantial, into the tens of billions of 83 percent of the individuals who serve Committee, for his recent remarks de- dollars. Some are there to show the in our military don’t receive any kind livered here on the floor. American people or describe to the of retirement at the end. This allows It was our Director of National Intel- American people the fact that there is those individuals to actually be able to ligence, Admiral Clapper, who said that a significant amount of unneeded participate in retirement benefits, in in all of his 50-plus years of serving in spending, of waste, fraud, and abuse their retirement from the military, intelligence functions—first in the that occurs on an almost daily basis even if they don’t make it all the way military and now as the Director of Na- throughout all of our agencies and to 20 years. This is a dramatic shift not tional Intelligence—he has never seen a throughout Federal spending. People only in supporting the warfighter but world so troubled, he has never seen are saying: Given the kind of debt cri- in actually setting a strategy for where such a proliferation of threats, threats sis we are looking at, why are we we need to go to provide some clarity to our way of life, threats to our coun- spending hard-earned tax dollars to ad- to individuals at home and to our try, threats to our allies, threats to dress this or that or whatever? troops in the field. world order. And my colleague from Today I want to address one small The President’s statement that he is Oklahoma, Senator LANKFORD, just but yet another example of unneces- going to veto this has come under two laid out in specific detail the multitude sary Federal spending, and it involves areas. He said he is going to veto this of threats, the multitude of dysfunc- the role of robots replacing humans for because the funding mechanism comes tion and chaos that exists not just in certain functions. Those who have from the Overseas Contingency Oper- the Middle East but throughout the watched ‘‘The Jetsons’’—I don’t really ations Fund, OCO. Because the funding world. I won’t repeat any of it, but I tune in, but my grandkids do—perhaps is coming from OCO, he is going to veto thank him for bringing attention to wish that they, too, could have a Rosie it. The second thing he said: I am going the fact that we live in very uncertain the maid, the robot that cooks, cleans, to veto it because I don’t like what it times, times which require decisive and tells jokes to the Jetson family. says about Gitmo—about Guanta- leadership, and that leadership—over This obviously is a cartoon presen- namo—and keeping those individuals the years and over the centuries, world tation, but it reflects a role for robots who are terrorists who have attacked nations have pointed to the United that provides us interesting entertain- our Nation at Guantanamo. States as the democratic leadership ab- ment or perhaps the robot from ‘‘Lost The ironic part is that when I started solutely necessary to deal with these in Space’’ that played the electric gui- to pull this to be able to look at the types of issues and provide directional tar and exhibited human emotion or

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.050 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7201 Michael Knight’s trusted robot side- trillion in debt, be spending any and based on an improbable but true kick KITT on ‘‘Knight Rider.’’ money, let alone $440,000, on this re- story. Back in the 1950s, hundreds of This is a little bit beyond my genera- search? Is this something the private small high schools existed across our tion, but I am told robots are now part sector could be conducting instead? small State, but no small school had of the entertainment scene. While this Certainly, if that is what the goal is. ever won the basketball State cham- makes for good television and draws My purpose throughout the Waste of pionship. In 1954, Mylan High School— viewers, we all know robots can never the Week Initiative is to drive home a rural school with an enrollment of replace the care of a human being, the the point that the Federal Government only 161 students in all four grades— care of a parent, the efforts of a teach- should be stewarding taxpayers’ dollars faced a much larger school, Muncie er, those who are reaching out to pro- for essential functions and in a way Central High School, whose enrollment vide support and encouragement for that truly helps people. was 2,200 students in the State cham- young people. Yet the National Science Let me be clear. I am not criticizing pionship game. The Mylan Indians de- Foundation is currently spending all Federal research spending or the feated the Muncie Central Bearcats to $440,855 trying to do that with robots. National Science Foundation. The gov- win the State title. It has been immor- The agency recently awarded a tax- ernment does play an important role, talized through the movie ‘‘Hoosiers,’’ payer-funded grant to develop the use as I have said, in promoting basic which any Hoosier, and hopefully peo- of ‘‘autonomous, personalized social ro- science research that cannot be done ple outside the State, watched more bots’’ in the classroom. elsewhere, but there are many private than once. I watch it on a regular The first thing that came to my mind companies that offer products that use basis. It is a great story. was what in the world does a personal- technology to help children learn. Is it Even today, Mylan’s incredible ac- ized social robot look like and how do the role of the government to also per- complishment is widely admired and you personalize a robot to provide so- form this sort of research? Just be- discussed by Hoosier basketball fans. cial interaction with children? The cause something is interesting to do Indiana high school basketball in this purpose of this grant, which began last doesn’t mean it rises to the level of pri- era produced not only this ‘‘David and month and continues until August 2017, ority, particularly at a time when we Goliath’’ episode but also another truly is to create robots that can tell stories are continuing to spend more money inspirational team. This is their 60th to children. and go deeper into debt each and every anniversary. This might be a cute thing to do. I day. En route to winning the 1954 State don’t know. Is this something the Fed- Families and small businesses have championship, Milan defeated the eral Government, at a time when we to prioritize all the time. The Federal Crispus Attucks Tigers in the semi- are in the middle of deficit spending, Government needs to do the same. So State. That is no small accomplish- evermore borrowing, should ask the let’s pull the plug or take out the bat- ment. That was a large school with an taxpayer to send out their hard-earned tery and short circuit this funding for exceptional team. At that time, tax dollars for—this kind of thing? If this grant. Crispus Attucks was an all-Black high private industry wants to do this and Today I am marking more money on school in Indianapolis. Despite their can sell the product to schools, more our ever-increasing amount of waste, loss to Milan in 1954, the Tigers were power to them, but why do we have to fraud, and abuse. We are adding $440,855 back the next year. On March 19, 1955— go to the Federal Government to do a to the nearly $117 billion that over the 60 years ago—Crispus Attucks won the test case to see if this works? We know last 22 weeks we have brought to this State title by defeating Gary Roosevelt we do basic research here. We support floor. High School 97 to 74 in that champion- that through NIH and the National 60TH ANNIVERSARY OF CRISPUS ATTUCKS ship game. Science Foundation. This is not basic CHAMPIONSHIP The next year Crispus Attucks went research. I am questioning this. Mr. President, while I am here, let undefeated, riding a 45-winning streak Let me quote from the grant descrip- me switch and for a couple of minutes to State title. The Tigers finished the tion. This will ‘‘offer unique opportuni- speak to something that I think speaks 1950s with a third championship in 1959. ties of guided, personalized and con- well of our State; that is, celebrating Crispus Attucks High School’s 1955 trolled social interaction, whatever an important anniversary. State title was one of several firsts. that means, during the delivery of a de- In Indiana, few things better per- Not only were they the first team from sired curriculum. They can play, learn sonify the Hoosier spirit of hard work Indianapolis to win the State title, and engage with children in the real and overcoming adversity, persistence, they were the first African-American world—physically, socially, and emo- and sportsmanship more than high school in the Nation to win an open tively.’’ school basketball. It is rabid in our State tournament. Maybe the effort here is to build a State, and it always has been. It de- Through the perseverance and leader- robot that can physically, socially, and fines our State. ship of their coach, Ray Crowe, the emotively connect with children. That Every year the high school basket- players learned not just the game of might work on ‘‘The Jetsons.’’ That ball season culminates in February and basketball but also valuable lessons might work on television. I can’t be- March with what we call Hoosier about discipline, patience, and perse- lieve how that works in real life. Hysteria—the postseason tournament. verance. These lessons resulted in What parent wants a preschooler to Half a century ago, the height of Hoo- back-to-back State titles, as I have be read to by a so-called social robot sier Hysteria was before school consoli- said. instead of a teacher or a parent? And dation and before the advent of class On the court, the Crispus Attucks why are we spending taxpayer dollars basketball. At that time we had one teams of the mid-1950s were led by a fu- on reading robots? Actual human single athletic class and crowned one ture professional all-star, champion, teachers provide what robots cannot. high school basketball team State and Hall of Famer named Oscar Rob- They relate to our children. They un- champion each year. For the final ertson. Oscar Robertson said of those derstand their individual needs, and game of the tournament, fans would Crispus Attucks teams: ‘‘The way we they tailor their instruction to bring fill Butler University’s historic Hinkle played and won, we did it with a lot of out the very best in our children and Fieldhouse to standing-room-only ca- class.’’ on a personalized basis. I don’t think a pacity. Throughout those weeks of The Tigers’ success on the basketball robot can adjust emotively and socially tournament, as the small, medium, and court helped tear down many lingering to different children in the classroom. large-sized schools worked their way racial barriers of that time. This team Yet obviously the teacher is trained to through the system to that champion- inspired the State of Indiana with their do that. ship game, it captured the hearts and hard work, graciousness, and sports- Even the most advanced robot can’t minds of Hoosiers in a way that noth- manship. Today I join my fellow Hoo- sense when a child is going through a ing else does. siers in marking the 60th anniversary rough time or provide the right touch This phenomena was immortalized by of this milestone and honoring this to ensure a child’s learning. Should the the award-winning 1986 movie ‘‘Hoo- team of champions. Federal Government, which is over $18 siers’’—one of my personal favorites— Mr. President, I yield the floor.

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.051 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7202 CONGRESSIONAL RECORD — SENATE October 7, 2015 The PRESIDING OFFICER (Mr. are projected to double that installed breaks for the wind and solar indus- GARDNER). The Senator from Massa- solar capacity over the next 2 years. try—the ones that are showing the tre- chusetts. We are forecast to add 8,000 megawatts mendous growth, innovation, and ca- Mr. MARKEY. Mr. President, I ask this year and 12,000 megawatts next pacity to develop new technologies unanimous consent that I be recog- year, and that is because we put smart that we can export around the planet— nized for up to 10 minutes; that fol- tax policies on the books 7 years ago. are expiring. lowing my remarks, Senator SCHATZ be Look what happened. If we go from If we look at the green generation— recognized for up to 10 minutes; and the beginning of the American Revolu- young people within our society— that following his remarks, Senator tion until 2005, we were still only in- which technology do they want us to WHITEHOUSE be recognized for up to 10 stalling 79 megawatts—just a teeny, invest in? Do they want black rotary minutes. tiny amount of solar energy. But when dial phones and coal-burning power- The PRESIDING OFFICER. Without we started putting State renewable plants or do they want the new tech- objection, it is so ordered. electricity standards on the books and nologies of the 21st Century, their gen- CLIMATE CHANGE AND TECHNOLOGY a new tax policy, it started to explode eration? Do they want the past dirty Mr. MARKEY. Mr. President, the evi- 100 times—1,000 times more solar in carbon pollution or do they want fu- dence and impacts of climate change America, by the way, with all the ex- ture clean energy? It is not even close. are clear and they are undeniable. Sci- perts saying: This can’t happen. Solar This is a choice that has to be made by entists can measure the increase of isn’t real. Wind isn’t real. You Sen- this generation. The green generation carbon dioxide in the atmosphere. They ators, you House Members, you have to expects us to be the leaders on this can measure the rising temperatures. get real. Well, this is the proof that bad issue. They can measure the increasing level policies had stopped this explosion of The oil and gas industry get $7.5 bil- of the sea. They can measure the in- these technologies. lion a year in tax breaks. The oil indus- crease in extreme rainfall. All of this By the way, the same thing is true try doesn’t need a subsidy to drill for increases the risk for extreme weather for wind power. We are projected to add oil any more than a bird needs a sub- events that threaten people and the 9,000 new megawatts of wind power in sidy to fly or a fish needs a subsidy to economy. While addressing the chal- our country this year, and we are pro- swim. They are going to do it anyway. lenges of climate change will take a jected to add another 8,000 megawatts What they do though is lobby to take comprehensive approach, we have of wind power next year. We can see away the tax breaks for solar and wind many of the policies, the workforce, what is happening with the combined because they know that will displace and the technologies we need to ad- totals of wind and solar once we put them. Our goal, of course, should be to dress the problem already. the new policies on the books. It was have a massive ramping up of these en- To illustrate that point, I want to basically an era where almost no elec- ergy technologies. tell you a tale of two tax policies—one tricity in the United States was gen- Do you want to hear an incredible for wind and solar and one for oil, gas, erated by wind and solar to the next number? The Chinese government, and coal. Let’s look at the last decade year having 5 to 6 percent of all the while the Pope was in town here in of our tale of two tax policies. electricity in America coming from Washington, announced that China was In 2005, we, the United States, in- wind and solar. It is like the explosion going to deploy wind and solar and stalled 79 total megawatts of solar in of cellphones that turned into other renewable technologies by the the United States. Seventy-nine smartphones. People didn’t have any- year 2030 that would equal the total of megawatts was a teeny amount back in thing in their pockets just 20 years all electrical generation capacity in 2005. Last year we deployed nearly 100 ago—it was like the wind and solar in- the United States of America. They are times that amount—7,000 new dustry—but we changed policies in the going to deploy all their coal, natural megawatts in the year 2014. Look at United States. We said: We can do it. gas, hydropower, wind, and solar. that. We have nearly 100 times more We can untether ourselves from a tele- Again, I said earlier that every time solar. phone line in our living rooms. We can there is a global doubling of the de- Well, what happened? First, tech- let people walk around with their ployment of solar on the planet, the nology costs plummeted. Everybody phone, and we began to make the same price of solar drops by 18 percent. has heard of a Moore’s law for semi- decisions on wind and solar. We can China is going to be doing that. conductors. It told us that today’s untether ourselves in the United States Last week India announced that they iPhones would be more powerful than from coal-generated electricity that are going to have a massive increase in last generation’s supercomputers. We emits greenhouse gases that dan- their renewable energy resources as all know Moore’s Law. We knew we gerously warm our planet, and we are well. would move from this pocket phone to now doing it. It is accelerating, and Unfortunately, the tax breaks in our an iPhone because the technology that is the beautiful part of the story. own country have already expired or keeps getting more powerful. By the end of next year, there are are going to expire for the wind and There is a Moore’s law for solar as going to be 300,000 people employed in solar industries. Our country is sup- well. Every time solar panel deploy- the wind and solar industry in the posed to be the leader. We are supposed ment doubles globally, the cost of solar United States. Right now, there are to be the technological giant on this falls by 18 percent. It is predictable. It 73,000 people building these wind tur- planet. is why we are seeing the cost of a solar bines. Steel and iron workers are out All I can say is, if we want the jobs, panel drop 70 percent since the year there doing this work right now, and it this is the sector where the jobs are 2010, and it is why costs will continue generates clean, renewable, nonpol- being created. There will be 300,000 jobs to fall. luting energy. We can do this. We are in this sector by the end of next year. Next, 30 States enacted renewable the United States of America. We are If we want to reduce greenhouse gases, electricity standards. Yes, now more the innovation giant on the planet. We this is the sector that can make it pos- than half of the States in our country can solve this problem. sible for the United States to be the have a standard to get a sizable portion What has happened with the wind in- leader. of their electricity from renewable dustry? Well, their tax break has now If we want to be the leaders to ensure sources, and finally, and most impor- expired. Has the tax break for the oil that we are acted on the message that tantly from a national policy perspec- industry expired? Oh, no. Has the tax Pope Francis delivered to the Congress tive, we passed an 8-year extension of break for the coal industry expired? just 2 weeks ago, we have to move to- the Solar Investment Tax Credit in Oh, no. ward these technologies. The Pope 2008. We gave this industry and these Those tax breaks have been on the asked us to use our technological ca- companies certainty. We now have books for 100 years. They will never ex- pacity in order to solve this problem. more than 20,000 megawatts of in- pire—never. There are too many people The Pope pretty much said three stalled solar capacity in the United who want to help the fossil fuel indus- things. No. 1, the planet is warming States. More than 60 percent of it was try here in the Senate and over in the dangerously, and the science is clear. added in just the last 2 years, and we House of Representatives, but the tax No. 2, the cause of the warming is

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.052 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7203 largely by human beings, and the I remember having this exact con- The National Renewable Energy Lab- science is clear. No. 3, we have a moral versation in Hawaii in 2001. In 2001, we oratory analyzed clean energy poten- responsibility. started small and passed a voluntary tial across the country and found that Ladies and gentlemen, this is a huge renewable portfolio goal that encour- ‘‘[r]enewable electricity generation day because we have Members coming aged utilities—didn’t mandate—to gen- from technologies that are commer- out to the floor to talk about this revo- erate 9 percent of their electricity from cially available today . . . is more than lution and how we can find a solution clean energy by the year 2010. The tar- adequate to supply 80 percent of the so we can deal with this issue in a posi- get, frankly, was unambitious. It was total U.S. electricity generation by the tive, affirmative job-creating way. We voluntary and it was unenforceable, year 2050.’’ can engage in massive job creation in but it was important because it was a That is with technologies available order to save all of God’s creation. We start. For some it was little and for today. As these technologies improve can do it, but we have to decide that others it was too radical, but it was a and the cost of clean energy continues we are going to be the leaders in this start. So we kept pushing. to fall, wind and solar power will be in- sector, and all I can say is that in the In 2004, we replaced the original goal creasingly competitive with electricity end we are going to win because tech- with a requirement of 20 percent clean generated from fossil fuels in States nology always triumphs—always. You energy by 2020. Two years later, we across the country. As my home State can hold it back for a while, but in the added incentives for compliance and es- of Hawaii illustrates, we just have to end it is going to ultimately change tablished penalties for noncompliance. start. our world. By the year 2100 people will In 2008, Hawaii partnered with the This is a lesson that we must take to look back and wonder why we ever did USDOE to identify the technical, regu- the international context as well. As generate electricity by the use of fossil latory, and financial barriers pre- the world meets in Paris later this fuels on our planet. venting the State from reaching its year, I urge representatives from all I thank the Presiding Officer, and I clean energy potential. This partner- countries to think of Hawaii’s experi- see that Senator SCHATZ and Senator ship, the Hawaii Clean Energy Initia- ence moving towards a zero carbon en- WHITEHOUSE have arrived. tive, was crucial to helping Hawaii re- ergy system. The climate negotiations With that, I yield back the remainder alize that a 100 percent clean energy in Paris are shaping up to be at least a of my time. goal was actually realistic. moderate success. But whatever agree- The PRESIDING OFFICER. The Sen- A year after starting this partner- ment emerges from Paris will likely be ator from Hawaii. ship, the State increased its Clean En- a political Rorschach test, which is to Mr. SCHATZ. Mr. President, I thank ergy Standard to 40 percent by 2030, es- say that some will say that we are the Senator from Massachusetts for ex- tablishing an energy efficiency stand- promising too much and others will say plaining to the public and this body ard of 30 percent and enshrining into that we should be offering more. What- what we are all becoming increasingly law the requirement to reduce emis- ever one’s predisposition about cli- aware of. The technology is there. This sions from the power sector by 70 per- mate, Paris will prove it to the world. is no longer pie in the sky. This is not cent by the year 2030. But what truly matters is not ex- hopeful ecological utopia thinking. I want to give context here. People actly what the particulars of each This is real stuff. These are real jobs thought this was totally unrealistic agreement in Paris are but what hap- that are being financed by banks and and that we would even at the first 2- pens next. It is doing the work. It is financial institutions. This is already or 3-year increment already miss our power purchase agreements. It is public upon us. goals, but what happened was the oppo- policy. It is tax incentives. It is per- I wish to tell the story of Hawaii’s site. We started exceeding our interim mits. It is public utilities commissions. clean energy transformation. Of course targets, and then we ratcheted up our It is actually getting the work done the clean energy transformation is tak- goals. Progress toward these goals across the country and across the plan- ing place across the country, but it is demonstrated that an even more ambi- et. especially true in Hawaii. For dec- tious, audacious goal of 100-percent When something as consequential as ades—since the demise of the sugar clean energy was a real possibility. climate change is on the table, it is plantation—Hawaii relied on imports So this year Governor Ige in Hawaii going to require global capital, techno- of fossil fuel for our energy needs. As signed the law requiring utilities to logical breakthroughs, and political recently as 2010, we derived nearly 90 generate all of their electricity from will. That political will will only occur percent of our electrons from burning renewable sources by 2045. We are cur- if people understand that, yes, this is a oil. In just 4 years we have driven this rently meeting or exceeding our in- problem. It is real. Yes, it is urgent, number down to around 80 percent, and terim targets, thanks in large part to and yes, it is caused by humans. But, we are on our way to a 100 percent big increases in wind power and in dis- most importantly, we can, in fact, fix clean energy target. tributed generation, especially solar it. Hawaii’s reliance on imported fuels rooftops. I yield the floor. isn’t just bad for the climate, it is also It is important to say that progress The PRESIDING OFFICER. The Sen- bad economics. We have the highest towards our clean energy goals hasn’t ator from Rhode Island. electricity rates in the country. Our impeded economic growth. Hawaii’s un- Mr. WHITEHOUSE. Mr. President, I rates are three times higher than the employment rate is among the lowest wish to join my colleagues from Massa- national average. For the privilege of in the Nation and 1.5 percent below the chusetts and Hawaii to talk about the burning LSFO, low sulfur fuel oil, we national average. tax credits for wind. are paying higher prices than anywhere Strengthening this law required con- We have had a remarkably exciting in the Nation, and so something had to sistent efforts by advocacy groups, new thing happen in Rhode Island this give. businesses, and government agencies to summer. From time to time, I am able In order to bolster our own energy se- bring about the change. It also showed to get out on Narragansett Bay and, curity and economic prospects, we the importance of taking those first over and over, whether driving on the made the decision to transition away steps down the road to a low-carbon bridges over Narragansett Bay or actu- from fossil fuels to solar, wind, and economy. Whether they seem too small ally out on Narragansett Bay, we saw geothermal. Clean energy is Hawaii’s to make a difference or too large to be the sites of these enormous barges future, but it is important to point out possible, we have to start. Once we do, traveling down the bay, bringing these that in the beginning we had naysayers ambitious goals are more within reach huge structures that were carried out, on the left, right, and center, much than they may have originally seemed. located off of Block Island, and sunk to like the current debate in the Con- Now, Hawaii is blessed in a number of the ocean floor to provide the plat- gress. There are those who think that ways, including with ample sunlight, forms for the first steel-in-water off- what we do in the clean power plan or steady winds, and volcanic energy. But shore wind energy in the country. with the carbon fee will not be nearly Hawaii is not unique in its ability to Now, we can go over to Europe and enough, and there are those who think generate substantial quantities of elec- see wind energy all over the place. We that we are doing too much too fast. tricity from clean renewable resources. are behind them in developing it, but

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.054 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7204 CONGRESSIONAL RECORD — SENATE October 7, 2015 Rhode Island is the start. And whether think $1 million is a lot of money. I am them. They are sacrosanct on our side. we saw these enormous structures that starting to get used to talking about But we put you under the bus. That is were the legs—the frames for the pylon billions of dollars being here. Trillions going to be a little hard to explain. and the turbine—or whether we saw is what the fossil fuel subsidy, in ef- So I very much hope that as we come enormous pilings that get carried out fect, is around the world, and just in together and pull together the con- there and in the same way that you the U.S. it is $700 billion in a year. Yet, tinuing resolution or the omnibus— drive a nail through the hole for a greedy, big corporations that sit and that avoids, I pray, another shutdown hanger and put it through wall, they defend that benefit to the last trench and that puts our country on a sensible take these enormous pilings that reach also want to crush the poor little wind budgetary footing going forward—this way up into the sky and drive them benefit. It is just not fair and it is just tax credit is a part of it, because we through the hollow legs of the frame- wrong. need these jobs. People are working in work and down to anchor them in the But I think we are going to be able to Rhode Island, and I will tell my col- ocean floor. prevail. We have seen some real leagues this: When you are building a So this is under construction right progress here. Bloomberg just pub- giant, enormous, big frame offshore, now. It is big. We see these barges com- lished an article that wind power is you are paying good wages. You are ing by and they are enormous. The now the cheapest electricity to paying good wages to the people who structures run hundreds of feet in the produce—cheaper than anything else— operate the barges. You are paying air. It is exciting to see this happening, in both Germany and in the United good wages to the ironworkers, the and it is part of the wind revolution Kingdom. It is a powerful industry in steelworkers, and the electrical work- that Senator MARKEY and Senator States such as Colorado and in Wyo- ers. You are paying good wages to the SCHATZ talked about. ming, where they have so much wind stevedores who are helping to load it So there is a conflict in my mind be- that they export wind energy to other up. These are really strong economic tween this exciting sight in Rhode Is- States. Iowa is probably our leader. businesses, and we want to support land—these big yellow structures com- Iowa generates nearly 30 percent of its them. ing down the bay in the bright light— electricity from wind. TPI Composites With that, I yield the floor. and then coming to the darker Halls of is a Rhode Island company. It builds I suggest the absence of a quorum. Congress and moving from that excit- composite materials in Warren, RI. The PRESIDING OFFICER. The ing sight to the tedious fight that we They have a facility in Iowa where clerk will call the roll. have over and over to protect the wind they manufacture wind turbine blades The senior assistant legislative clerk production tax credit. Over and over we and, in the last decade, they have man- proceeded to call the roll. have to go through this fight. Why? I ufactured 10,000—10,000—wind turbine Mr. HOEVEN. Mr. President, I ask will tell my colleagues why. It is be- blades. There had been a Maytag fac- unanimous consent that the order for cause opposition to the wind tax credit tory in a town called Newton, IA, and the quorum call be rescinded is one more little wriggling tentacle of the Maytag factory went bust because, The PRESIDING OFFICER. Without the fossil fuel industry. They have of course, we are offshoring jobs to objection, it is so ordered. huge tax subsidies, tax credits, and tax China. But guess what. They came in Mr. HOEVEN. Mr. President, I rise to advantages baked permanently into and started building these wind tur- speak on the issue of the fiscal year the Tax Code, and they sit on those and bines. They are really too big to ship 2016 Energy and Water Development they defend them and they are merci- from China, so it has been a boom in- appropriations bill—the bill that, in less about anybody who tries to take dustry. It has put little Newton back fact, is now before the Senate. those away. But let a little wind come on its feet. We just voted at 2 o’clock this after- along and try to get a competing tax If we don’t pass the wind production noon on the NDAA, the National De- credit of its own, and they try to crush tax credit, then States such as Wyo- fense Authorization Act. That is very it, over and over and over. ming and Colorado and Iowa that de- important because we need to pass that Nobody runs for office to come to the pend on this are really going to be legislation for our military. In fact, we Senate and says: The thing that drives hurt. This is bipartisan in these States. did, and we passed it with 70 votes. me, the thing that motivates my can- I don’t know why the fossil fuel indus- That is incredibly important because didacy is to make sure that our wind try primarily runs its mischief through the President has threatened a veto on energy in the United States gets the Republican Party here in Congress, the National Defense Authorization knocked down; let’s take their little but it doesn’t work in Iowa. In Iowa, a Act. tax credit away. Nobody runs on that. year ago, the Iowa State Senate unani- This is legislation that has passed In fact, if I recall correctly, the Pre- mously passed a resolution supporting the House, and now it has passed the siding Officer ran for office with a pic- extension of the production tax cred- Senate and it is going to the President. ture of a wind turbine in Colorado. So it—unanimously. If he vetoes it, we have to have the it is not as if there aren’t friends to So we have a really strong case to votes to override because we have to wind in this Chamber. make that this is the technology of the get that legislation done for our men But once someone gets here, the oil future. We have a fairness case to make and women in uniform. Not only, as I and fossil guys are very powerful. They that the great big brutal fossil fuel lob- spoke earlier on the floor, is it about are very remorseless. They have made byist organization shouldn’t be allowed making sure we are doing our job on immense threats to squash any action to hold on to all of its subsidies—de- behalf of our military but also on be- on climate change. And as a little side- pending on how we measure, they are half of our Nation’s defense. bar, they always try to beat the little measuring into the hundreds of billions The other thing I mentioned in re- wind energy subsidy. They will never of dollars—and, at the same time, try gard to that legislation is we also need give up their own, and their own are to squash poor little wind when it to pass the companion bill, which is much bigger. We have probably $50 bil- wants to get some subsidies in order to the Defense appropriations bill. So lion over 10 years in cash tax benefits compete with this massive and malevo- very soon we will be taking up the De- going to these companies, which are lent incumbent. fense appropriations bill, which is the the most profitable companies in the Then I think we have the practical funding that goes with the National history of the planet. They are the last politics of this, which is that in State Defense Authorization Act. We author- companies that need any help. after State after State, wind has be- ize those military programs and then If we look at people such as the come real enough that it is going to be we have to fund them. That is why the International Monetary Fund—not ex- very hard for some of our colleagues on Department of the Defense appropria- actly a liberal, green group—the Inter- the Republican side to go home and say tions bill has to be passed along with national Monetary Fund estimates to their home State industry: Sorry, the Defense Authorization Act in order that if we put in all of the subsidies we put you under the bus. We put you to get the job done for our military. I that fossil fuel gets around the world, under the bus. We protected your com- make that point because until we have it adds up to more than $5 trillion— petitors in oil and gas; we absolutely done both of those things, we have not trillion. I am from Rhode Island. I would never touch them. We protected funded the military the way we need

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.055 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7205 to. I make that point as part of a big- ment of Energy, including national nu- projects that are constructed on a ger point and that is this: The Appro- clear security and energy research and more cost-effective basis. I look for- priations Committee, of which I am a development, as well as critical infra- ward to passing this legislation so we member, has passed all 12 appropria- structure projects administered by the can advance this P3 concept. tions bills out of committee, and they Corps of Engineers and the Bureau of In fact, we have a project in Fargo, are awaiting action on the floor of the Reclamation. The Senate Appropria- ND, that is perfectly suited for this Senate. Those bills have been passed tions Committee approved this bill in type of approach. A P3 project can save with strong bipartisan votes. Instead of May. I am a member not only of this the government hundreds of millions of having each and every one of those Appropriations Committee but this dollars in construction costs, but we bills filibustered, we need to take those subcommittee, and we voted out of need to get this legislation passed so bills up and debate those bills. People committee 26 to 4. So there are 30 the Corps has the ability to start these should offer the amendments they members on the full Appropriations types of projects and get them con- have, we can debate those amend- Committee, Republicans and Demo- structed for our country. ments, and then we can vote. That is crats, and by a vote of 26 to 4 we voted I am also pleased the legislation per- our job. That is how the Senate works. in favor of this legislation. That is mits the Army Corps of Engineers to get a handful of new feasibility studies. That is what the people of this great about as bipartisan as it gets. It was Mother Nature doesn’t wait on the country send us to do. That is the work supported by all of the Republican Senate or Congress, so we have to keep of the Senate. That is regular order. members of the committee and 10 of looking at areas where we need to up- As we talk about authorizing pro- the Democratic members. grade infrastructure and respond to grams for men and women in uniform, As a member of the Senate Appro- things as they occur; for example, some we also have to pass the Defense appro- priations Subcommittee on Energy and of the recent events, as the Presiding priations bill. That will be coming be- Water Development, I thank Chairman Officer knows, which occurred in Colo- fore this Senate. I make that point be- ALEXANDER and Ranking Member FEIN- rado, the Animas River. One area I am cause what we have been facing is a fil- STEIN. They have crafted a bipartisan ibuster of all these appropriations bills. very familiar with that needs better bill within our budget framework that protection is Minot, ND, where we had We will have another test. We will have balances our energy priorities and our another test now this week, and this is a devastating flood in 2011. We need to national security preparedness. do a feasibility study to determine how on the Energy and Water Development I also commend Senate Appropria- best to make sure that flood protection appropriations bill. This is energy, tions Chairman COCHRAN and Ranking Corps of Engineers, vital fundamental is put in place. Member MIKULSKI. They brought the Finally, I am strongly supporting infrastructure for this great country. measure up in regular order, allowing funding included in the legislation for So we will see if our colleagues will amendments and debate, and they ad- improvements to water infrastructure join us. Can we join together in a bi- vanced this bill, as I said, with a very across this country. Whether it is our partisan way and advance through this strong bipartisan 26-to-4 vote. The fact ports or whether it is large or small, appropriations bill, have the debate, is, this is the first time in 6 years the this is basic infrastructure we need for offer the amendments, and get this Appropriations Committee has passed quality of life in this country. This is a work done? I hope the answer to that is all 12 appropriations bills. All 12 have long-term investment for the future of yes. We will find out over the course of been passed in a bipartisan manner, our country, the quality of life, the today and tomorrow if our colleagues awaiting action on the floor. welfare of our people, and the ability to would join together and get this work As I said, this legislation is within grow our economy. done for the American people and then the budget guidelines. The Senate En- Let me touch on a couple of areas be- on we go. ergy and Water bill includes $35.4 bil- fore I turn over the floor to our chair- We may have to deal with a Presi- lion in overall funding, which is $1.2 man. In addition to the Corps of Engi- dential veto on the National Defense billion more than last year’s funding neers, this legislation provides funding Authorization Act. If so, let’s do so. level. for the National Nuclear Security Ad- Let’s do so in a bipartisan way. Then The Energy Department’s nuclear se- ministration, the agency that develops let’s take up the appropriations bill curity program is funded at $12.3 bil- and maintains the Nation’s nuclear that goes with that Defense authoriza- lion, which is $856 million more than warheads. NNSA relies on the funding tion. Let’s make sure all 12 of these last year. The Department of Energy provided every year in the Energy and bills, all of these appropriations bills programs receive an additional $270 Water bill to preserve the Nation’s nu- are brought to this floor, people have million. This is important because our clear deterrents. It is critical that this their opportunity for the debate, peo- Nation has significant infrastructure legislation moves forward. I am par- ple can offer their amendments, and we needs, and that is what we are address- ticularly pleased the legislation meets will have our votes. If something can ing, basic infrastructure needs of this the fiscal year 2016 budget request for get 60 votes, it passes. That is the work kind. The longer we wait to improve funds needed to refurbish the W80 war- of the Senate. That is the work of the America’s infrastructure, particularly head, which is the warhead that goes Senate. If it is not done, the reason it our waterways, the higher the cost will on our nuclear cruise missiles. will not be done is because there will be. So it is very important that we get The W80 warhead is aging and needs be an ongoing filibuster. It is very im- this legislation moving. to be refurbished so it can move to the portant that the American people un- One of the ways we can cost-effec- new cruise missile being developed by derstand that because this is the work tively improve the Nation’s infrastruc- the Air Force. The W80 is critical to of the Senate, this is the work of the ture is by using public-private partner- the air leg of the Nation’s nuclear Congress, and we need to be clear about ships, P3s, to fund water projects. I triad. I am glad this legislation pro- whether we are getting that work done worked closely with Senator ALEX- vides the funding to help keep our triad or whether we continue to face a fili- ANDER, the chairman of the Energy and intact and in fact modernized. buster that does not allow us to bring Water Development Subcommittee to The bill also makes advances in our this legislation forward to debate it in include support for P3-style projects in energy security priorities. It increases an open, transparent debate. Put it out this legislation. funding for the Energy Department’s there in front of the American people, I see that our chairman has joined energy research and development, make the argument, offer the amend- us. Again, I commend him for not only which will help provide the research for ments, and vote. That is how it is done. the overall legislation but for his sup- technologies that will advance coal, That is how it is done in this democ- port for the P3s, public-private part- natural gas, oil, and other fossil energy racy. That is how it is done in this Sen- nerships. By leveraging the resources resources and innovations. This is im- ate. of the private sector, we can accelerate portant in order to pursue a true ‘‘all So I rise to talk about the merits of construction and reduce overall project of the above’’ energy policy that en- the Energy and Water Development ap- costs. This creates a win for citizens ables our country to produce both tra- propriations bill. This measure appro- who benefit from the project and a win ditional and renewable energy with priates funding for the U.S. Depart- for taxpayers who save money on better environmental stewardship.

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.057 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7206 CONGRESSIONAL RECORD — SENATE October 7, 2015 The bill also provides support for the access and preserve irreplaceable re- NOAA office based in the great city of coal Advanced Energy Systems Pro- sources for future generations. Alpena. The Thunder Bay sanctuary is gram to research the efficiency of coal- The Wisconsin-Lake Michigan sanc- a remarkable maritime treasure. It is based power systems and enabling af- tuary proposal would preserve an 875- known as Shipwreck Alley. Through- fordable, commercially viable CO2 cap- square-mile area of Lake Michigan out history, it has been one of the most ture technologies. with waters extending from Port Wash- highly traveled and dangerous parts of It continues funding for many other ington to Two Rivers. As Michiganders the Great Lakes system. Nearly 100 research and development programs watch a pure Michigan sunset over shipwrecks have been discovered with- that will strengthen our energy future, Lake Michigan on beaches from in the sanctuary, with a wide range of not only by enabling us to produce en- Ludington south to Muskegon, the Sun vessel types that makes the collection ergy more cost-effectively and more would set over the new sanctuary di- nationally significant. dependably but also with better envi- rectly across the lake. The new sanc- The cold, clean, fresh water of the ronmental stewardship. tuary has 29 known shipwrecks, 15 of Great Lakes keeps shipwrecks in excel- I will start to wrap up and turn the which are listed in the National Reg- lent condition, and the archaeological floor over to our esteemed colleague istry of Historic Places, with many of research that is conducted at Thunder from the other side of the aisle and the those wrecks almost completely in- Bay is world class. outstanding Senators who are members tact—a very rare occurrence. Research Pictured here is the helm of the F.T. of the committee who are here and shows the proposed sanctuary includes Barney, a two-masted schooner located looking to speak in support of this very 123 reported vessel losses, so there are at a depth of 160 feet near Rogers City. important legislation, but I want to many more wrecks to discover in these On October 23, 1868, the F.T. Barney finish on the aspect I started on ear- waters. was en route from Cleveland to Mil- lier. Local community leaders in Wis- waukee with a cargo of coal when it We have passed all 12 appropriations consin deserve much of the credit for was run into by the schooner T.J. bills out of committee. This is the fun- building the support needed to move Bronson. The ship sank in less than 2 damental work of the Senate, making this proposal forward, but it would not minutes in very deep water. The wreck sure we fund the government, we fund have made it to this point without the is one of the most complete you will the enterprise we are talking about, tireless work of my friend and col- find anywhere, with masts and deck and we do so within the budget that league Senator BALDWIN of Wisconsin. equipment still in place. was duly and properly passed by this In 2013, Senator BALDWIN urged the Another impressive wreck, lying at a Senate and by this House—by the Con- National Oceanic and Atmospheric Ad- depth of only 18 feet near Alpena, is the gress. This is the work we need to do. ministration, or NOAA, to reopen the wooden steam barge Monohansett. On That means we have to proceed to public nomination process for the first November 23 of 1907, the ship burned at these bills, that we have to offer the time in 20 years, and she continues to the water’s edge at Thunder Bay Is- opportunity for debate, the oppor- advocate for additional funding for na- land. Today, the Monohansett’s wreck tunity for amendments, debate those tional marine sanctuaries through her lies in three sections. The stern portion amendments, and vote. That is our job. role on the Senate Appropriations has hull features, propeller, and shaft That is our responsibility. That is how Committee. all in place, and the boiler is nearby. we get the work done for the American Earlier this year, I was pleased to in- You can still go up to Alpena and people who sent us to do just that. troduce a bill with Senator BALDWIN take a glass-bottom boat to tour these This is good legislation. These bills and my good friend Senator STABENOW wrecks and see the crystal waters of were passed with bipartisan support. called the Great Lakes Maritime Herit- Lake Huron, and you can even snorkel As I said in the case of this bill, 26 in age Assessment Act, which would re- or scuba dive amongst some of the favor, only 4 opposed. Let’s get going. quire NOAA to review maritime herit- most well-preserved ships. It is truly a Let’s get the work done we were sent age resources in the Great Lakes and one-of-a-kind and once-in-a-lifetime to do. suggest areas worthy of designation. experience. With that, Mr. President, I yield the In addition, I teamed up with Sen- Not only is Thunder Bay the only floor. ator BALDWIN to introduce the Water- freshwater marine sanctuary among The PRESIDING OFFICER (Mr. LEE). front Community Revitalization and the 14 marine-protected areas—at least The Senator from Michigan. Resiliency Act, which can work hand until these two new proposals—but it is WISCONSIN-LAKE MICHIGAN NATIONAL MARINE in hand with marine sanctuaries to unique in that it is also a State under- SANCTUARY boost the local economies of waterfront water preserve. It is jointly managed Mr. PETERS. Mr. President, this communities across the Great Lakes by NOAA and the State of Michigan. A week I was pleased to hear some good and the country. The bill would im- joint management committee makes news about a very special place in the prove areas along the water to increase major policy, budget, and management Great Lakes. On the bottom of Lake access to public space, grow business decisions, and an advisory council rep- Michigan, right off the shores of Wis- development, and create a new vision resents the community’s interests. It is consin, lies an incredible collection of for waterfronts that can boost tourism, part of the local community up north, shipwrecks. People across the Great recreation, and small business. and it is refreshing to see local, State, Lakes region, especially in Wisconsin The administration also identified and Federal officials all working to- but also in my home State of Michigan another new potential sanctuary, the gether to protect a national treasure. and elsewhere, recognize that this Mallows Bay—Potomac River National The Thunder Bay sanctuary is a stretch of Lake Michigan is a national Marine Sanctuary, which is a 14- major tourist draw and economic driv- treasure because of its historical sig- square-mile stretch of the tidal Poto- er for the area, and the Great Lakes nificance and its great beauty. mac River with the largest ‘‘ghost Maritime Heritage Center in Alpena Through a bottom-up community- fleet’’ of World War I wooden steam- attracts out-of-State visitors and edu- driven process, many people teamed up ship wrecks and one of the most eco- cates school groups. to put together a proposal to protect logically valuable waterscapes and Over the last decade or so, the bene- this area as a National Marine Sanc- landscapes in Maryland. fits of preserving Thunder Bay were tuary. The Obama administration lis- These two sanctuary proposals, if fi- widely recognized, and a process was tened, and this week they announced nalized, would be the first sanctuaries set in motion to expand the boundaries they will be moving forward to estab- established since 2000 and would be just of the sanctuary. In September of 2014, lish a Wisconsin-Lake Michigan Na- the 15th and 16th additions to the na- after holding many meetings and com- tional Marine Sanctuary. tional marine sanctuaries network. pleting a thorough environmental im- A National Marine Sanctuary des- The last addition to the network was pact statement, Thunder Bay was ex- ignation, as Michiganders know from in 2000, and that was Michigan’s very panded from 448 square miles to 4,300 firsthand experience, helps to improve own Thunder Bay National Marine square miles, driven by strong public access and resources for special mari- Sanctuary and Underwater Preserve, and congressional support. This map time places in order to enhance visitor located in Lake Huron, with the main shows the original boundaries and the

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.058 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7207 new expanded boundaries. The process Perhaps the greatest violation of Watchdog.org, a national watchdog was successful in part because of the congressional intent that has evolved group that has followed abuses of the work of Senator STABENOW, and, of over the years is the manner in which program closely over many years, has course, my predecessor, Senator Carl so much of the investment money com- also identified another problematic, Levin, who was a champion for the ing into targeted employment areas gerrymandered targeted employment Great Lakes every day of his long serv- has been directed toward lavish—and I area. They reported that a 21-story res- ice here in the Senate. mean lavish—building projects in well- idential building project, which in- As we move forward to protect the to-do urban areas, not in the areas of cluded trendy restaurants and shops, Great Lakes and other valuable marine high unemployment and not in rural was built with foreign investments de- resources in the Great Lakes and areas, as the 1990 law implied. Four- spite its location in an upscale neigh- across the country, we must devote ro- star hotels and commercial office borhood with only 0.8 percent unem- bust resources to these deserving buildings are being built with foreign ployment. places. Many agencies, including investment dollars in very affluent These are just a few examples, yet NOAA, are operating on shoestring urban neighborhoods rather than the they point to a clear problem with this budgets. While their work is impressive high-unemployment and rural areas program. as they stretch their funding, the bene- which Congress intended to benefit. When it was created by Congress, we fits these designations bring to com- This has been done by gerrymandering set two different investment levels and munities such as Alpena and the sur- the boundaries of the targeted employ- clearly tried to steer foreign capital to rounding area are sustainable and pro- ment areas to include at one end the high-unemployment and rural areas. vide a foundation for the local econ- affluent census tract in which the Obviously, I am showing you that has omy. building project is located and at the not been fulfilled by the way this pro- As a member of the Commerce, other end, perhaps many miles away, a gram has finally evolved. Science, and Transportation Com- census tract with high unemployment. The Wall Street Journal reports that mittee, with jurisdiction over NOAA In other words, the word ‘‘gerry- at least 80 percent of program money is and the National Marine Sanctuary mandering’’ is the word that is used in going to projects that wouldn’t qualify System, I am committed to working forming some congressional districts as being in targeted employment areas every day on protecting the Great that are very strangely arranged so without ‘‘some form of gerry- Lakes and the fantastic waters and ma- somebody can be reelected to office. mandering.’’ Meanwhile, the article rine places within the boundaries of The same approach is being used here adds, people wanting to raise money the United States of America. to form a targeted employment area to for projects in rural areas and low-in- I yield the floor. get all of this money into urban areas come parts of cities say they find it in- The PRESIDING OFFICER. The Sen- that are very affluent. creasingly hard to compete. ator from Iowa. One of the most notorious examples Even the Washington Post has be- EB–5 REGIONAL CENTER INVESTMENT PROGRAM of this gerrymandering, to push the come fed up with the way in which the Mr. GRASSLEY. Mr. President, there boundaries, is the Hudson Yards intent of Congress has been violated. In is an immigration program that is out project, a group of luxury apartment a September 6 editorial, after dis- of control and not conforming to the buildings and office towers in Midtown cussing the program’s numerous eco- reason the program was put into effect Manhattan—in midtown Manhattan, nomic and integrity failings and sug- in the first place. It needs to be re- meaning New York. gesting that the program lapse, the formed or it needs to be eliminated. So Even the Wall Street Journal, which Post writes: ‘‘The EB–5 program is sup- I come to the floor to talk about this never met a business project it did not posed to favor distressed economic immigration program known as the like, reported on how this program has areas, but the definition of a needy EB–5 regional center investment pro- been abused. The Wall Street Journal zone has been stretched to include gram and the serious concerns I have explained how the Hudson Yards nearly the whole country, including about continuing this program without project qualifies for the lower invest- hot downtown real estate markets.’’ reforms. The program was just ex- ment threshold despite the affluent I wish to end by saying, again, that tended in the continuing resolution to Midtown location of the project be- the program is in need of reform. In keep the government funded, but I cause the boundaries of the targeted June, Senator LEAHY and I introduced want to talk about changes that need employment area were manipulated— S. 1501, a bill that would substantially to be made before and if it is extended or let me say gerrymandered—to in- reform the program by improving pro- again. clude a public housing project in Upper gram oversight, addressing national se- The EB–5 program was created in Manhattan. curity vulnerabilities and restoring the 1990. A foreign national under this pro- Another project that flies in the face program to its original intent. I hope gram can invest $1 million in a new of congressional intent—meaning the my colleagues will look at this very bi- commercial enterprise that creates 10 intent of the 1990 law—is located in partisan bill and will take an oppor- full-time jobs, and then, in turn, that Lower Manhattan near Wall Street. As tunity to understand how this program person receives lawful permanent resi- the New York Times reported, the Bat- is being used and abused and review the dence and then, if they want to, citi- tery Maritime Building has been classi- proposal that Senator LEAHY and I zenship. The required investment fied as being located in a targeted em- have put out there. amount is only $500,000 if the invest- ployment area based on a gerry- Mr. President, I refer my colleagues ment is made in what is called a tar- mandered area that ‘‘snakes up to the Wall Street Journal article geted employment area, defined to be a through the Lower East Side, skirting ‘‘U.S. Visa For Cash Plan Funds Lux- rural area or an area with high unem- the wealthy enclaves of Battery Park ury Towers—Program to spur jobs in ployment. The EB–5 program allows in- City and TriBeCa, and then jumps poor areas supports projects in well-off vestors to pool their investments for a across the East River to annex the Far- neighborhoods,’’ dated September 10, project, and they can meet the job-cre- ragut Houses project in Brooklyn.’’ In 2015, by Eliot Brown; the Watchdog.org ation requirements by providing evi- other words, the developers did every- article ‘‘Upscale Dallas project cashes dence of not direct jobs but evidence of thing they could to include the Far- in on EB–5 visa program,’’ dated Sep- indirect jobs. ragut Houses project, which is a public tember 24, 2015, by Kenric Ward; an ar- In previous speeches on the floor, I housing community, to come in at the ticle from the Washington Post ‘‘It’s have talked about the national secu- lower investment level. The New York time for the corporate visa giveaway to rity and integrity issues associated Times went on to say that ‘‘the small go away,’’ dated September 6, 2015; and with the program. I have detailed the census tract that contains the Far- the New York Times article ‘‘Rules risks, and I have expressed concern ragut Houses has become a go-to-area Stretched as Green Cards Go to Inves- about the lack of oversight by the ad- for developers seeking to use the visa tors,’’ dated December 18, 2011, by Pat- ministration. Today, I will focus on program: its unemployed residents rick McGeehan. one particular abuse of the program have been counted towards three I yield the floor. and how this program does not fulfill projects already.’’ That is the New The PRESIDING OFFICER. The Sen- the intent of the law passed in 1990. York Times. ator from Arkansas.

VerDate Sep 11 2014 01:45 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.059 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7208 CONGRESSIONAL RECORD — SENATE October 7, 2015 ARKANSAS AND 25TH ANNIVERSARY OF NATIONAL to debate it, amend it, pass it, send it votes in the Senate. It was a bipartisan RICE MONTH to the President, and do the same with bill. Mr. BOOZMAN. Mr. President, the the other 11 appropriations bills that We passed a long-term highway bill rare blend of soil type, environment, our Appropriations Committee has re- after we had 34 short-term highway and availability of water make Arkan- ported, we could easily say that this bills. sas an ideal location for rice to thrive year in the Senate is one of the most There was a permanent fix of what and grow, making Arkansas the Na- productive years in a long, long time. we call the doc fix—the way we pay tion’s largest producer of rice. No. 2: the other point I wish to make doctors for Medicare payments. A long- Last year, production in the Natural is the importance of this bill. Ben term permanent solution passed this State accounted for more than 50 per- Bernanke, the retired Chairman of the body. It is now the law after 17 short- cent of rice produced in the country. Federal Reserve Board wrote an article term fixes. This law changed the way Farmers in more than half of Arkan- in the Wall Street Journal this week in we pay for doctors so that we pay them sas’ counties grow rice; 96 percent of which he said that you cannot rely on more for quality rather than fee-for- those are family owned and operated. the Federal Reserve Board to create service. As the No. 1 producer of this crop, jobs in a growth economy in the United We have dealt with what happens Arkansas has a unique role in the in- States, and that what you need to do is when a terrorist calls from Afghani- dustry. That is why I am proud to rec- have better educational opportunities, stan to Nashville on the phone. That is ognize the 25th anniversary of National more research, and you need supercom- the USA FREEDOM Act. It is now the Rice Month. I am also proud to pro- puting. I would add to this that you law. mote policies that enable our farmers need to have infrastructure. This bill, We passed the Defense authorization to manage risk and ensure that high- the Energy and Water bill, has all of bill, terrorism risk insurance, and the quality U.S. rice remains a staple on those things. It is a pro-growth bill for Iran review act. Waiting in the wings is tables throughout the globe. the United States of America. the chemical safety bill, which has bi- This industry is not only contrib- Let me take the first point first. This partisan support, and—believe this—it uting to a nutritious and balanced diet, is the first time in 6 years that the Ap- is 39 years since it has last been it is also an economic engine. Arkan- propriations Committee has reported touched. And there is a cybersecurity sas, Mississippi, Louisiana, Missouri, all 12 appropriations bills. You might bill right after that. California, and Texas all produce rice. find that unusual because that is the That is an impressive list of accom- Nationwide, this industry accounts for Appropriations Committee’s basic job. plishments for this Senate. Think of 125,000 jobs and contributes more than As much as it is for the Grand Ole Opry what we could say if we had spent June $34 billion to the economy. In Arkan- to sing, our job is to pass appropria- and July, as we should have, debating sas, it accounts for more than 25,000 tions bills. That is article I of the Con- the appropriations bills. jobs. The rice industry stands to ben- stitution. It is the first time in 6 years. Now let’s move to the Energy and efit from a change in policies toward The bills are all sitting there waiting. Water appropriations bill. On May 21, Cuba because it is a staple of the Cuban Most of them passed in a bipartisan it was approved by the Appropriations diet. way. Committee. The Senator from Cali- The U.S. Department of Agriculture The one that we are bringing to the fornia, Mrs. FEINSTEIN, and I rec- estimates that U.S. rice exports could floor tomorrow passed 26 to 4 on May 2. ommended it, and 26 Senators voted for increase up to $365 million per year if Senator FEINSTEIN and I worked on it it and 4 voted against it. It stays with- financing and travel restrictions were with most of the Members of this body. in the law. The law that we passed and lifted. Arkansas’s agriculture secretary It is a very good bill, passed in a bipar- the President signed tells us what we recently said that the economic impact tisan way. have to spend. What would usually happen in a prop- on the Natural State’s rice industry Yet Democrats said: Well, we are not erly functioning Senate is that we could be about $30 million. Rice pro- going to let you bring it to the floor would spend the two months of June duction is efficient. More rice is being because we think you should spend and July dealing with those 12 appro- produced on less land, using less water more than that. priations bills. That would mean that and energy than 20 years ago. As great Well, maybe we should, but the law not just the members of the Appropria- stewards of the land, rice farmers are says we should spend what we spent. So tions Committee would have a chance committed to protecting and pre- we followed the law. to vote on them. It would mean that serving our natural resources. When you block our bill and don’t the Senator from Utah, who is not on Arkansas’ location on the Mississippi allow it to be brought to the floor, the Appropriations Committee, would Flyway makes it a duck-hunting cap- what do you do? You cut 70 Senators have a chance to make his points about ital of the world and draws hunters out of having a say on the Energy and the appropriations bills, which is part from around the globe. Water appropriations bill. And what of his job here, yet he is shut out of I am proud to support our rice indus- does that mean? They don’t have a say try and celebrate 25 years of recog- that. Why? Because Democrats say: We over it. They don’t have a say over nu- nizing National Rice Month. clear weapons. I yield back the remainder of my won’t even let you bring them to the Half of our bill is about national de- time. floor. The PRESIDING OFFICER. The Sen- It is an extraordinary thing to do. fense. Are we properly funding nuclear ator from Tennessee. But despite that, I want you to know weapons? They don’t have a say over Mr. ALEXANDER. Mr. President, I what this body has accomplished. In National Laboratories, the laboratories thank the Democratic Senators for the last 7 months or 8 months we where we are inventing new ways to their courtesy. We are running a little passed the Keystone Pipeline. The manufacture that will help grow jobs. behind, and they have allowed me to go President vetoed it. We overruled the They don’t have a say over how much on and make my remarks. ambush elections rule from the NLRB, money we are going to spend on the I ask the Chair to let me know when and the President vetoed it. Missouri River floods. They don’t have 12 minutes have expired of my 15 min- But listen to all the things we ac- a say over how much money we are utes. complished with the cooperation of going to spend on the locks and the The PRESIDING OFFICER. The Sen- Democrats on the other side of the dams that we have. The Panama Canal ator will be so notified. aisle. Then, as I said, if we could add is widening, and if we don’t deepen our Mr. ALEXANDER. Mr. President, to- the appropriations bills, we would have harbors, the ships are going to go to morrow we will be voting on the En- the most productive Senate in many, Cuba. So we want them to go to Savan- ergy and Water Development appro- many years. There is the trade author- nah, Mobile, and to other places like priations bill. I come to the floor to ity law. It passed, and it is law. that. make two points about that very im- We fixed No Child Left Behind, and They don’t have a say over nuclear portant legislation. we ended the common core mandate. waste. Where do we put nuclear waste? No. 1: if our Democratic friends We reversed the trend of the national So the Democrats, by blocking the bill would allow us to vote on it, allow us school board, and we did it with 81 from coming to the floor, have cut

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.072 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7209 their own Members out of having a say the source of the research that pro- tion and Republicans say: Well, look at about this. Half of the Energy and duces the jobs that gives us our family what you did to us in the last election. Water bill funds national defense ac- incomes. One of them is in Tennessee, We are going to block all your appro- tivities, and the other half of it funds the Oak Ridge National Laboratory. I priations bills because we would like to other essential non-defense items. And was there the other day. They have a spend less. We won’t ever do any appro- all the Democrats asked for was 3 per- new thing called additive manufac- priations bills again in the Senate be- cent more funding than what we’re al- turing, where they are 3–D printing cause one body or the other blocks the ready spending in the bill. automobiles. Let me say that again: 3– amount of money. We are supposed to What I said in the Appropriations D printing automobiles or parts of vote on that. Committee was this: You know, this is automobiles. It may revolutionize In the last Congress the Democrats really a pretty good way to budget. manufacturing in America and the were in control, and they wouldn’t Let’s appropriate it as if we had 97 per- world as much as unconventional gas bring the appropriations bills to the cent of what you want, and if we get 3 and oil has revolutionized our national floor. percent more in the discussion at the energy policy. The PRESIDING OFFICER. The Sen- end of the year, then we will add it. Do other Senators—the other 70 who ator has consumed 12 minutes. That shouldn’t be hard to do. We could are not on the Appropriations Com- Mr. ALEXANDER. I thank the Chair. do it in 24 hours. mittee—not want to have a say about I will conclude within the next 3 min- The way the Senate is supposed to how much we spend on our National utes, and I thank my Democratic work is the Energy and Water bill is Laboratories? friends for their courtesy. supposed to come to the floor. We are What about how much we spend for In the last Congress, when Democrats supposed to debate it, we are supposed nuclear weapons? We had a big debate had the majority and Republicans had to amend it, and we are supposed to in this body over the proper level of the minority, the Committee on Appro- send it to the President. If he doesn’t spending for nuclear weapons. We had a priations completed its work in a bi- like it, he can veto it and send it back. big debate over something called the partisan way on most bills, but the ma- That is what should happen. START treaty, which regulated the jority wouldn’t bring the bills to the If Senators don’t like the bill now, weapons that we were getting rid of. floor last year. Or when it did, it they can block it. They can vote We agreed at the time that we would wouldn’t let the Republicans offer against it after we amend it. They can spend a certain amount of money to amendments to it. They were afraid vote against it after we conference make sure we could defend the coun- Senators might have their say. with the House. That takes 60 votes try. Do Senators not want to have a This year we are in the majority for too. If the President vetoes it, it takes say about that? the first time in 6 years. In a bipar- 67 votes to override the President’s So why do we not pass appropriations tisan way we produced 12 appropria- veto. bills that were ready in May, debate tions bills out of 12. We would like to My friends on the other side said: them in a day or two, and send them to bring them to the floor, but they are Well, that takes too much time. the President? If the President doesn’t saying no. We are not even going to What do you mean it takes too much like them, under the Constitution he vote on them. We are not even going to time? That is what we are here to do. can veto them and send them back. amend them. We are not even going to We are elected to have a say on these If we are spending 97 percent of what debate, even though if they do not like issues. This is $1 trillion in funding for he thinks he should spend and he wants the bill at the end of that process, they the national defense of the United to veto it for that reason and then send can kill it with 60 votes. They can kill States of America and for its essential it back to us and if we decide after ne- it after it comes out of conference with services—locks, dams, national labora- gotiations to spend 3 percent more, we 60 votes. And if the President vetoes it, tories, and where we put the nuclear can add 3 percent in 24 hours, send it it can take 60 votes to override. waste—and the Democrats are saying: back to him, and that is the end of the We don’t even want to vote on the ap- result. We don’t have time to do appropria- propriations bills. We don’t even want This is not the way the Senate is sup- tions bills here? Traditionally, we have to have a say about them. We don’t posed to operate. always consumed June and July for the even want to send them to the Presi- I hope that my friends on the Demo- 12 appropriations bills. Previous Con- dent for him to consider. cratic side will recognize that they gresses have had time to do it. We Let’s take an example. The bill in- would like to have a say in our nuclear should have time to do it. cludes funding for inland waterways. weapons policy, and that they would Let me conclude where I started. Those are the avenues that carry the like to have a say in how much we This has been a very productive Sen- commerce that creates the jobs in spend on our National Laboratories. ate. Most of that work has been be- America. They need to be in good This bill has a record level of funding cause of bipartisan cooperation, wheth- shape. We have agreed on that in a bi- for the Office of Science—as written, er it was the trade bill, the bill to fix partisan way. We have even asked the the highest ever in this bill. You don’t No Child Left Behind, the highway bill, barge owners to pay more to go want to vote on that? You don’t want the doc fix—paying doctors for quality through the locks, to which they have to support that? You want to cut that? instead of fees—the USA Freedom Act, agreed, and our bill matches what the You want to stop that? the Defense Authorization Act, the barge owners are paying and increases I don’t want to stop it. I want us to Terrorism Risk Insurance Act, or the the funding for inland waterways in support research. I want to support our Iran review act. And we have chemical Kentucky—Olmsted Locks and Dams, national laboratories. I want to sup- safety and cybersecurity waiting. That and Kentucky Lock—and Chickamauga port national defense. I want deeper is all the result of cooperation between Lock in Tennessee. harbors all around our coast. I want in- Democrats and Republicans. Why can It also provides $1.254 billion from land waterways that aren’t broken we not do that on appropriations bills, the harbor maintenance trust fund. down. I want us to move ahead in this which is our most basic responsibility? That means we will be spending more country. We did it in committee. I couldn’t to deepen harbors in Savannah, This bill is a pro-growth national de- have a better person to work with than Charleston, Texas, Memphis, Jackson- fense bill. It came out of the Com- Senator FEINSTEIN. That vote was 26 to ville, Mobile, and Louisiana, in mittee on Appropriations with 26 votes 4. It involves our national defense, it Pascagoula, Big Sandy Harbor, Cleve- for it, 4 votes against it. Senator FEIN- involves our growth, and it involves land Harbor, Anchorage Harbor, and STEIN and I worked with almost every our security. I would hope every Sen- Wilmington Harbor. Do Senators not Senator in this body for it. Why should ator would want to have a say on those want to have a say about that? Do you we not consider an appropriations bill issues tomorrow when we vote. So I not want to support that or oppose that has that kind of support? hope they will vote yes on the Energy that if you think it is too much? Now, if we get on that path every and Water bill tomorrow—yes to con- What about the National Labora- time we change majorities here—let’s sidering it; and then after we have con- tories? The National Laboratories are say the Democrats win the next elec- sidered it and debated it, we can send it

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.074 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7210 CONGRESSIONAL RECORD — SENATE October 7, 2015 over to the House, come up with a con- ple in our states and all across the Na- fishing was outside dollars that ference, and we can see what they tion that enjoy public lands have ac- wouldn’t have been there otherwise. think. cess to them. They probably used some of the fishing That is the way the Senate ought to The issue is important to us, and in access—some of the 150-plus fishing ac- work. I am eager to see the Senate get the energy bill we passed out of the cess the Land and Water Conservation back to that, and I think the American Senate Energy Committee, I worked Fund has helped developed—when they people are as well. with my colleague, Senator MUR- enjoyed the great outdoors in Montana. I thank the Chair and my colleagues KOWSKI, on a bipartisan basis to include The Land and Water Conservation for their courtesy, and I yield the floor. a permanent reauthorization of the Fund also supports over 60,000 jobs. We The PRESIDING OFFICER. The Sen- LWCF. talk about economic development all ator from Washington. And I was joined by 31 Senators to in- the time. We talk about how if we LAND AND WATER CONSERVATION FUND troduce the American Energy Innova- tweak our Tax Code or if we build this Ms. CANTWELL. Mr. President, I tion Act that also permanently reau- piece of infrastructure or if we make come to the floor tonight to talk about thorized and fully funded the LWCF. this education program more afford- something I would like to see done in So you can see from these two pieces able, it can have an incredible impact the United States Senate—passage of of legislation that there was a lot of on our economy. But the fact is, if you reauthorization of the Land and Water support from our colleagues for main- want to talk about economic develop- Conservation Fund. taining this vital program that is used ment, if you want to talk about dollars Definitely the Senate and Congress by cities, counties, and jurisdictions in invested for a return, the Land and have disappointed us in not passing the my State and in my colleagues’ states Water Conservation Fund is an incred- Export-Import Bank reauthorization— and many others across the nation and ible investment. which is something I am a big pro- that it is a vital tool for helping us to To help preserve these lands and cre- ponent of. And now, here we are with thrive in our outdoor economy. We ate these accesses, Montana has re- the Land and Water Conservation want to see this legislation reauthor- ceived some $540 million from the Land Fund. ized as soon as possible. and Water Conservation Fund—money For the first time in 51 years since I thank my colleagues again from that has been very well spent. Mon- this program was created, it has ex- New Mexico and Montana again for tanans used this Land and Water Con- pired. being here and for their leadership on servation Fund to preserve more than My colleagues are here on the floor this issue. 8,000 acres of elk habitat in Meagher to join me—I thank the Senator from The PRESIDING OFFICER. The Sen- County, known as the Tenderfoot. Montana and the Senator from New ator from Montana. Montanans used the Land and Water Mexico—to talk about why this is such Mr. TESTER. Mr. President, I want Conservation Fund to protect some of a vital program to all of our States and to thank Senators CANTWELL and HEIN- the most pristine habitat in the lower why we should have it reauthorized im- RICH for not giving up on the Land and 48, from conservation easements in the mediately. Water Conservation Fund, and I need Rocky Mountain Front to acquisitions The bill creating the Land and Water to point out that while there are three in the Crown of the Continent. Conservation Fund was championed by of us Democrats standing here, we While Montanans certainly benefit Senator Scoop Jackson at the request speak for our entire caucus. We believe from the fund, there are Land and of then President Kennedy. Why? Be- that the LWCF is something that needs Water Conservation Fund projects in cause the American population was to be reauthorized and, quite frankly, nearly every county of the United growing and there was a need for out- needs to be fully funded. States. Yes, this fund is responsible for door recreation, open space, and public We are not going to play games with protecting prime hunting and fishing, lands. this issue. We are working to get this but it is also responsible for building The Land and Water Conservation bill passed—not for show, not for poli- trails and improving parks, play- Fund was created to help protect some tics, but because it is good for our grounds, and ball fields in every State of our most popular national parks, economy. And I will get into that in a in the country. That is why Congress forests, public lands, and iconic places. second. must reauthorize the Land and Water For me, this is an incredibly impor- There was a Republican gentleman Conservation Fund—to protect our best tant program because it has provided who served in the Presidency of this outdoor places and to reestablish this opportunities for hunting, fishing, hik- great country some time ago—Teddy critical tool to build our communities ing and other recreational uses that so Roosevelt—who called on Americans to in a way that will make future genera- many people use when traveling to the cherish our Nation’s vast natural re- tions proud. Pacific Northwest for vacation or for sources and to ensure that we safely With that, Mr. President, if it is ap- their livelihood. pass them on to future generations. propriate, I would like to ask my good Those of us who are from States with After all, they are the birthright of friend from New Mexico a question. large amounts of public lands recognize every American. That is what the Land I thank Senator HEINRICH for being the importance of outdoor recreation. and Water Conservation Fund is all here today. My question is, As he Nationwide outdoor recreation sup- about. comes from New Mexico, is the Land ports more than 6 million jobs. This is We take special pride in our public and Water Conservation Fund some- an economy in and of itself. In the lands in Montana. They are a part of thing Senator HEINRICH hears about State of Washington, outdoor recre- our way of life. We have just over 1 from his residents? ation contributes more than $11.7 bil- million people in our great State, but Mr. HEINRICH. Mr. President, let me lion annually to Washington’s econ- we lead the Nation in the percentage of thank my colleague from Montana. I omy. It is clear that protecting our residents who hunt, fish, hike, and think one of the great things about public lands is good for both our envi- enjoy our public lands. And the Land New Mexico and Montana is that we ronment and our economy. and Water Conservation Fund is a big are both from States that absolutely The Land and Water Conservation reason for that. cherish the outdoors, and we have a lot Fund has been credited each year with Montana’s outdoor economy brings of constituents who care about the ac- funds from outer continental shelf oil in nearly $6 billion a year. Let me say tivities that generate so much income and gas revenues. The success of that that again. The outdoor economy, sup- from the outdoors. program has helped us authorize and ported by the Land and Water Con- Obviously, I hear from an enormous make these investments for the Amer- servation Fund, brings in nearly $6 bil- number of my constituents asking us ican people, as I said, for more than 50 lion a year. to reauthorize and permanently au- years. Last week, when I flew out of Mon- thorize the Land and Water Conserva- We are here to remind our colleagues tana, there were several fishermen who tion Fund—to fund the Land and Water that we are going to put up a fight were flying out with me. They didn’t Conservation Fund. In fact, recently until we get the conservation fund re- live in Montana. All the money they there was a letter which was sent to authorized. And to make sure that peo- brought into the State while they were me but was also sent to the chair of the

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.063 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7211 Energy and Natural Resources Com- eral, and this Land and Water Con- dle. As I told some folks the other day mittee—to the chair and to the rank- servation Fund allows access to those in Montana, we need to bring these ing member, the good Senator from public lands. folks around who think this is just ex- Washington. It was signed by dozens of There are some in this body and cess government spending because, businesses saying: Hey, this is impor- there are some in this country who quite frankly, there are a lot of places tant to our bottom line. Please extend don’t think the Federal Government where there is excess government the Land and Water Conservation should own one stitch of land. Well, spending in our budget. This is not one Fund. Please continue to support this without those opportunities and our of them. This is a good program that bipartisan legacy of standing up for our outdoor economy, No. 1, our way of life helps promote a great way of outdoor natural resources in this country. would change forever in States such as life and also helps promote our econ- My good friend from Montana men- Montana, and No. 2, our economy omy. tioned the scale of what that means in would be severely distressed. Mr. HEINRICH. Ironically, the his State, and it is not a dissimilar So, you bet, I hear from sports men money in the Land and Water Con- story in New Mexico. In fact, over $6 and women, because when they want to servation Fund is not tax dollars. It is billion annually comes from outdoor go hunting and fishing, they go to literally a deal that goes back five dec- recreation activities, and 68,000 jobs in those Federal public lands. That is ades now where we opened up large our State are directly related to out- where the good habitat is that they can swaths of our natural resources, our oil door recreation. access, and that is where the good fish- and gas offshore, and took a percentage In fact, when I go home this week- eries are that they can access. of that and invested it back into pro- end, we are going to be celebrating the So this is very important. For those tecting our natural resources. Obvi- Valles Caldera National Preserve and in this body who want to see this pro- ously, those are natural resources that its management by the National Park gram go away, they are literally driv- are one-time. You only get to drill for Service. That was a property that for ing a nail in the coffin of rural Amer- oil and produce natural gas one time. decades my constituents could not ac- ica’s economy. So the idea was that we would invest cess. They could not hunt; they could Mr. HEINRICH. I would ask my col- that in something to protect our envi- not fish. It was private property. It was league from Montana—we have heard a ronment, to protect our conservation because of the Land and Water Con- lot about reform. When we had the lands, and to make a permanent con- servation Fund that this place, which hearing in front of the Energy and Nat- tribution to that level of conservation. Mr. TESTER. That is absolutely cor- had really been on the radar screen of ural Resources Committee, we heard people on both sides of the aisle talk- rect. the National Park Service since the One of the things that makes this ing about how well this program early part of the last century—prob- moment in time so important when it ably since the 1930s—could come into works. comes to the Land and Water Con- Does the Senator think the opposi- public ownership and now be one of the servation Fund is that we are losing tion that is holding this up, that is true gems in the entire Nation of our habitat, we are losing fisheries every holding back the majority of this public lands. day. There will be limited opportuni- We are going to be celebrating that body—a bipartisan majority, I would ties to keep these pristine lands avail- with our constituents on Saturday. The add—does the Senator from Montana able for hunting and fishing in the fu- Secretary of Interior is coming. There think that reform is really what this is ture, but the habitat will be gone if we are literally 100,000 acres of some of the about or is it about a more basic, more don’t deal with it. That is why it is most spectacular high-elevation grass- ideological opposition to public lands very important not only to reauthorize lands and conifer forests and trout and the current efforts to either sell off the Land and Water Conservation Fund streams and elk habitat that we have or transfer those public lands that our but to fully fund it so we can take care ever seen, and there are businesses that constituents rely on for access to go of these landscapes that help support rely on that. Tourism is an enormous camping, to go hunting, to go rock incredibly great elk and deer and trout part of our economy in New Mexico. So climbing, to recreate, to spend time fisheries. It is very important. Plus, this is something which has been abso- with their families? there are a lot more opportunities in lutely crucial to our State’s economy, Mr. TESTER. It is hard to say what our great outdoors, and the Land and especially in the midst of the last dec- the agenda is. I do know that earlier Water Conservation Fund really helps ade and the challenges we have had this year there was a proposal put out people enjoy life and have quality of economically. I know one of the groups to use the Land and Water Conserva- life. And I am not just talking about who will be there on Saturday are the tion Fund for fighting forest fires. Now the folks who have incredibly thick sportsmen, who care about utilizing there is a proposal put out to use the wallets; I am talking about everyday, the outdoors. Land and Water Conservation Fund to average Americans who work for a liv- I would ask my colleague from Mon- manage forests. ing and work darned hard for a living tana if in Montana he hears from peo- The fact is, the Land and Water Con- and want to be able to enjoy some of ple who hunt and fish, as I do in New servation Fund works. It works to cre- the great things this country has to Mexico, about the importance this par- ate habitat, and it works to access that offer. ticular legislation has had in pro- habitat. It also works for playgrounds Mr. HEINRICH. That is absolutely tecting habitat and protecting access and parks and ball fields all across this right. I hear from constituents all the to the places that regular, blue-collar country. time who will never be able to afford folks can go to hunt and fish. If we take a look at our overall budg- one of those $5 or $10,000 elk hunts on Mr. TESTER. Absolutely. We hear et and what we spend on a lot of stuff private land but who can enter the lot- from sports men and women nearly around here, $900 million for a nation- tery every year and who do and often- every day, if not every day. wide program that impacts so many times rely on that to get their family Here is where the problem is, and people, that impacts our economy in through the winter and to also just pull this is why we need to get the Land and such a very positive way—there must their family together in a tradition Water Conservation Fund authorized be some agenda out there that I cannot they have had as a part of who they are and funded—and funded at $900 million, see to do away with this fund. It makes for years and years. I might add. If you want to go hunting no sense to me. And it is particularly On Saturday, when we go to cele- and fishing today in this country, frustrating to see folks on the other brate the Valles Caldera National Pre- things have changed from the way they side of the aisle come down here to the serve, I am going to be taking my fly were 30 or 40 years ago. You used to be floor and bring their friends in and say: rod, and I am looking forward to spend- able to access private lands and go I am going to make this glorious ing the dollars that will go back into hunting and fishing, and you still can, speech about this Land and Water Con- our State’s game and fish coffers to but there are many fewer acres. So the servation Fund, and then I want you to make sure that resource is there again real opportunity to go hunting and stop the unanimous consent. and again and again. That is what this fishing in this country is on our public The bottom line is that things get Land and Water Conservation Fund is lands, whether those are State or Fed- done in here when we work in the mid- all about.

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.064 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7212 CONGRESSIONAL RECORD — SENATE October 7, 2015 Mr. TESTER. Mr. President, I yield it, can be directed only by reason and convic- be a universal human right, a pillar of the floor. tion, not by force or violence; and therefore our Nation, and a fundamental free- The PRESIDING OFFICER. The Sen- all men are equally entitled to the free exer- dom. ator from Utah. cise of religion, according to the dictates of In subsequent speeches, I will explore conscience. RELIGIOUS FREEDOM the responsibility of government re- Mr. HATCH. Mr. President, a few This understanding of religious free- garding an inalienable and preeminent weeks ago I inaugurated a series of dom did not end with America’s found- right such as religious freedom, but I speeches about religious freedom. In ing generation. In 1853 the Senate For- want to note two things at this point. the first speech, I said that the rights eign Relations Committee approved a First, as the Declaration of Independ- of conscience and religious exercise go resolution asserting that in treaties ence asserts, government exists to se- to the very heart of who we are as with foreign nations, the United States cure inalienable rights. Second, if a human beings and how we make sense should secure for our citizens residing right is preeminent, it must be prop- out of this world. No decisions are abroad ‘‘the right of worshipping God, erly accommodated when government more fundamental to human existence freely and openly, according to the dic- takes actions such as enacting legisla- than those regarding our relationship tates of their own conscience.’’ The tion and issuing regulations. to the Divine, and no act of govern- committee report on this resolution de- The status of religious freedom is ment is more invasive of individual lib- scribed religious freedom as funda- that it is inalienable and preeminent. erty than compelling a person to vio- mental, allowing the ‘‘utmost latitude Let me turn now to exploring the sub- late his or her sincerely chosen reli- and freedom of conscience’’ so that stance of religious freedom in terms of gious beliefs. This is why religious free- each individual ‘‘is absolutely free to both its depth, or what religion free- dom in and of itself is so important and act in conformity to his own convic- dom is, and its breadth, or those to must be specially protected. tions.’’ whom religious freedom belongs. Last week I spoke about religious The fact that religious freedom is in- First, depth. Starting in the early freedom in practice here in America. alienable leads to another aspect of its 17th century, religious freedom in At no time in world history has reli- status. In his 1785 ‘‘Memorial and Re- America has been understood to be gious freedom been such an integral monstrance against Religious Assess- grounded in the individual right of con- part of a nation’s origin and character. ments,’’ Madison explained that reli- science. Roger Williams established a As Congress said when we unanimously gious exercise ‘‘is precedent, both in settlement in 1636 for those he de- enacted the International Religious order of time and in degree of obliga- scribed as the distressed of conscience, Freedom Act in 1998, the right to free- tion, to the claims of civil society.’’ and subsequent town agreements and dom of religion undergirds the very ori- Supreme Court Justice Arthur Gold- ordinances restricted government to gin and existence of the United States. berg once wrote that to America’s civil things and protected the liberty of Professor Michael McConnell, direc- Founders, religious freedom was pre- conscience. tor of the Constitutional Law Center at eminent among fundamental rights. This liberty of conscience encom- Stanford, describes how, by the time Presidents and Congress have simi- passes not only what an individual be- the Bill of Rights was ratified, America larly identified the status of religious lieves but also how an individual acts had ‘‘already experienced 150 years of a freedom as preeminent among rights. on that belief. The Maryland Tolera- higher degree of religious diversity In his 1941 State of the Union Address, tion Act of 1649, for example, provided than had existed anywhere in the for example, President Franklin Roo- that no person shall be troubled ‘‘in re- world.’’ sevelt included religious freedom as spect of his or her religion nor in the Together, those two speeches told one of four essential human freedoms. some of the story of religious freedom free exercise thereof.’’ Just 4 years later, the United States The Virginia Declaration of Rights in America. Today I will build on that signed the Universal Declaration of foundation and examine the status and was the model for the Bill of Rights in Human Rights, which asserts that reli- the U.S. Constitution. The free exercise the substance of religious freedom. gious freedom is an inalienable right More fully understanding these three of religion is the first individual right universal to all members of the human aspects of religious freedom—its story, listed in the First Amendment. That family. its status, and its substance—will help phrase, the ‘‘free exercise of religion,’’ The last several Presidents have us better evaluate where we are today is very important—extremely impor- issued annual proclamations declaring and inform where we should go in the tant. The First Amendment protects January 16 to be Religious Freedom future. not simply certain exercises of religion The status of religious freedom can Day. Those proclamations, by Presi- or the exercise of religion by certain be summarized as inalienable and pre- dents of both parties, have said that re- parties but the free exercise of religion eminent. James Madison repeatedly ligious freedom is a core value of our itself. identified the free exercise of religion democracy, that it is essential to our Religious freedom is more than reli- according to conviction and conscience dignity as human beings, and that no gious speech, which would be otherwise as an inalienable right. To America’s freedom is more fundamental than the protected by the First Amendment, or Founders, as they expressed in the Dec- right to practice one’s religious beliefs. attending a worship service on the Sab- laration of Independence, inalienable Turning to Congress, the House For- bath. It is, as Madison put it, the freely rights have two dimensions. They come eign Affairs Committee in 1955 ap- chosen manner of discharging the duty from God, not from government, and proved a resolution ‘‘reaffirming the an individual believes he or she owes to these rights are endowed—that is, they rights of the people of the world to God. are inseparable from us and part of our freedom of religion.’’ The committee This robust substance of religious very humanity. Government did not said that this resolution ‘‘recognizes freedom is described in the Universal provide them, and government cannot that the basic strength of the United Declaration of Human Rights, which take them away. States is spiritual and that all races, the United States signed in 1948. Arti- When Virginia developed its Con- people, and nations of the world share cle 18 states: ‘‘Everyone has the right stitution in 1776, George Mason’s draft with us a dependence on such to freedom of thought, conscience and of a declaration of rights said that the strength.’’ religion; this right includes freedom to exercise of religion should receive the I mentioned earlier that Congress in change his religion or belief, and free- fullest toleration by government. 1998 unanimously enacted the Inter- dom, either alone or in community Madison objected and offered language national Religious Freedom Act. This with others and in public or private, to that became section 16 of the Virginia body passed it by a vote of 98 to 0. manifest his religion or belief in teach- Declaration of Rights, setting what one Twenty-one Senators serving today—12 ing, practice, worship and observance.’’ scholar calls a new standard for free- Republicans and 9 Democrats—voted That is the Universal Declaration of dom of conscience. Here is Madison’s for this legislation. So did Vice Presi- Human Rights. language. He said: dent JOE BIDEN and Secretary of State The United States signed the Hel- That religion, or the duty which we owe to John Kerry when they served here. sinki Accords in 1975. Section VII de- our Creator, and the manner of discharging That law declares religious freedom to clares the signatories ‘‘will recognize

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.062 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7213 and respect the right of the individual This holding was consistent with the comes more and more intrusive. In to profess and practice, alone or in path of American history regarding re- fact, it is the increasing reach of gov- community with others, religion or be- ligious freedom. The protection of ernment that makes vigilance about lief in accordance with the dictates of something, after all, goes hand in hand protecting religious freedom more, not his own conscience.’’ Such rights de- with that thing’s value. If religious less, important. Requiring a compel- rive from ‘‘the inherent dignity of the freedom is inalienable and preeminent, ling reason to restrict religious prac- human person and are essential for his then it must be properly protected by tice identifies religious practice as im- full and free development.’’ law. portant. Requiring only a rational rea- In 1992, the United States ratified the All of that changed in 1990. In a case son to restrict religious practice iden- International Covenant on Civil and titled ‘‘Employment Division v. tifies it as worth very little. Political Rights. Article 18 echoes the Smith,’’ two Oregon State employees It is hard to overstate the impact of same robust definition of religious were fired for using peyote, a con- the Smith decision. It stopped dead in freedom as the right, individually or in trolled substance, in their Native its tracks the long and steady progress community with others, in public or in American religious ceremonies. The toward real protection for religious private, to believe and to practice one’s law did not single out religious use of freedom. Government has its greatest religion. This robust description ex- this drug, but its application to these impact on religion today not by direct presses the depth of religious freedom. individuals seriously inhibited the suppression but by indirect restriction. The second dimension to the sub- practice of their religion. The Court If the status of religious freedom as in- stance of religious freedom is its should have applied the Sherbert alienable and preeminent compels its breadth or its application across soci- standard and required the State to protection, then reducing that status, ety. Earlier I mentioned the Maryland show a compelling justification for ap- as the Court did in Smith, opens reli- Toleration Act of 1649, which protected plying this law against religious adher- gious freedom to restriction and prohi- the free exercise of religion. It did so, ents. bition. however, only for Trinitarian Chris- Instead, the Court turned the Congress responded to the Smith de- tians. The Puritans of Massachusetts Sherbert standard on its head. The cision by enacting the Religious Free- Bay Colony outlawed the Quakers and Court did exactly what it had rejected dom Restoration Act, or RFRA. We punished heretics. In fact, Roger Wil- in Sherbert less than 30 years earlier, were motivated by the very under- liams went to what would become holding that the government needs standing of religious freedom that the Rhode Island after being banished from nothing more than a rational reason Supreme Court had abandoned; name- Massachusetts because of his religious for a general law or regulation that re- ly, that religious freedom is inalien- beliefs. stricts the practice of religion. In other able and preeminent. RFRA does by In those days, religious freedom had words, so long as the government is not statute what the First Amendment is depth but not much breadth. Yet seeds explicitly targeting religion, the First supposed to do. Under RFRA, govern- were being planted. In 1657, residents of Amendment provides no protection at ment may substantially burden the ex- a community known today as Flush- all for the free exercise of religion, as ercise of religion only if doing so is the ing, NY, signed a petition called the that case held. The Court effectively least restrictive means of achieving a ‘‘Flushing Remonstrance.’’ This peti- demoted religious freedom from a fun- compelling governmental purpose. tion protested a ban on certain reli- damental right to little more than an Congress enacted RFRA for one sim- gious practices that prevented the optional fringe benefit. ple reason. While the First Amendment Quakers from worshipping, and the In my opening statement at the Sen- protected the free exercise of religion signers stated they would let everyone ate Judiciary Committee’s hearing in itself, by changing what First Amend- decide for themselves how to worship. September 1992 on a legislative re- ment means, the Supreme Court in America’s Founders were the ones sponse to this decision, I said the Smith put the free exercise of religion who asserted most directly that reli- Smith standard is ‘‘the lowest level of itself at risk. The Court made every ex- gious freedom is inalienable and, ac- protection the Court could have af- ercise of religion by everyone vulner- cordingly, established its breadth in forded religious conduct.’’ able to governmental restriction, inter- the First Amendment. Rather than In Smith, the Court made it sound as ference, and even prohibition. RFRA being limited to adherents of a par- if the Sherbert decision had spawned restored religious freedom by setting a ticular faith, this protection applies to an epidemic of people using religious standard of protection that reflects the anyone acting according to the dic- objections to obeying laws. The truth true value of what it protects and ap- tates of conscience. is that Courts had not applied the plies that standard across the board. The status and substance of religious Sherbert standard strictly at all but This principle is so powerful that freedom became concretely reflected in with what the Congressional Research RFRA not only passed Congress almost Supreme Court decisions in the 20th Service has described as a light hand. unanimously, but it was supported by a century. In Sherbert v. Verner, a In the years between the Court’s deci- coalition of unprecedented ideological woman was fired from a State govern- sion and Sherbert establishing the breadth. That consensus existed be- ment job for refusing to work on Satur- compelling interest standard and its cause we rejected numerous requests to day as required by her Seventh-Day decision in Smith abandoning that go beyond setting the standard and dic- Adventist faith. The Supreme Court af- standard, Federal courts rejected more tate how it should be applied in certain firmed that the door to government than 85 percent of religious exercise cases. We refused to do that in RFRA regulation of religious belief was claims. because the First Amendment does not ‘‘tightly shut’’ and set a standard that Government today compromises, bur- do that. We set the right standard and only barely opened the door to govern- dens, and even prohibits the exercise of left its application to the courts in in- ment regulation of religious behavior. religion not by overt assault but by dividual cases. The Court said that government limi- covert impact. Zoning ordinances can In a 1994 religious exercise case, Jus- tations on religiously motivated con- restrict where churches may meet, tice David Souter urged the Court to duct could be justified only by ‘‘the whether they may expand their meet- reconsider its decision in Smith and gravest abuses, endangering interests.’’ ing places, and what services they may described what is truly at stake. He Therefore, the Court said, Government offer; religious institutions may be wrote: ‘‘The extent to which the Free must have more than a mere rational forced to hire individuals who do not Exercise Clause requires government reason for restricting religious prac- share their faith; and regulations may to refrain from impeding religious ex- tice. In 1981, the Supreme Court re- prohibit individuals from wearing ercise defines nothing less than the re- affirmed the Sherbert standard by items required by their faith or require spective relationships in our constitu- holding that government may ‘‘justify employees to work on their Sabbath. tional democracy of the individual to an inroad on religious liberty by show- If government exists to secure in- government and to God.’’ ing that it is the least restrictive alienable rights such as religious free- Properly understanding the status means of achieving some compelling dom, it must properly respect and ac- and substance of religious freedom nat- state interest.’’ commodate that right even as it be- urally puts those relationships in

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.065 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7214 CONGRESSIONAL RECORD — SENATE October 7, 2015 order. Misunderstanding or distorting These remarks are very important are creating positive press coverage for those principles interferes with these because a lot of people don’t realize a lot of people who want to believe this relationships and imperils this funda- that religious freedom is not as free as stuff—and the President is seeking to mental human right. the original Founding Fathers expected solidify his legacy—most of these In 1997, the Supreme Court held that it to be. Even though we have had some pledges are empty and only place the RFRA applies only to the Federal Gov- very interesting cases, not the least of United States in a position of economic ernment because the Congress did not which was the Religious Freedom Res- hardship, while other countries con- have authority to extend its protection toration Act case, we are not there as tinue on their current trajectory with to State and local government. As far as true and noble protection of reli- CO2 emissions. Smith had done, this decision made gious freedom throughout this country. Let’s start with India. On Friday we every religious practice by everyone Fortunately, most States do respect received a report from India. I didn’t vulnerable to government restriction. this, and fortunately, hopefully, most see it personally until 2 days ago. It By these two decisions, the Supreme governmental people respect this as was the most recent country to submit Court ensured that no one in America well. But that is not enough. We need its domestic global warming plan. In- had either constitutional or statutory to change these things and get reli- dia’s plan will cost—and I am stating protection to practice their faith. gious freedom the preeminent position what they have in the plan they have I introduced the Religious Liberty it really holds as the first clause of the presented—$2.5 trillion over the next 15 Protection Act in June 1998 to reestab- First Amendment. years. Do the math. That is approxi- lish the religious freedom that the Su- I yield the floor. mately $160 billion a year in costs in preme Court had again taken away, The PRESIDING OFFICER (Mr. order for them to do what is expected having been an author of the Religious TILLIS). The Senator from Oklahoma. of them as a developing country. Their Freedom Restoration Act. Like RFRA INTERNATIONAL COMMITMENTS ON CARBON pledge is based on a premise that devel- did, this legislation set a tough legal EMISSIONS oped countries—that is us, the United standard reflecting the true status and Mr. INHOFE. Mr. President, we are a States, always picking up the bills— substance of religious freedom and left little more than a month away from will pick up these costs by financing it to the courts to apply this standard the United Nations climate conference the Green Climate Fund. to individual cases. Unfortunately, al- in Paris. The countries continue to roll President Obama has pledged $3 bil- though it had bipartisan support, con- out their international pledges to re- lion to go to the Green Climate Fund, sideration of this bill stalled in the duce carbon emissions in an attempt to but the Senate and House appropri- 105th Congress. control global warming. I can’t believe ators have pledged zero, nothing, no I next introduced a Religious Land it, but this is the 21st year they have money. If you stop and look at one Use and Institutionalized Persons Act done this. country, such as India, with an esti- to protect religious freedom for as I wrote a book once about this, and mated cost of $2.5 trillion, $3 billion is many and as completely as possible. It the last chapter is the longest chapter. such a minuscule fraction, it is not set the same rigorous standard for gov- It talks about the motivation and why even measurable. That isn’t going to ernment interference in the practice of the United Nations wants to get into happen, and so the President cannot religion, requiring that such actions be this thing and what is in it for them. deliver on that promise. the least restrictive means of achiev- I think we all know that every time India’s approach to addressing its ing a compelling government purpose. the United Nations does something, it carbon emissions is a continuation of Within 2 weeks both the Senate and is contrary to the interest of the the rich-poor country divide that has House had passed this legislation with- United States. We write a letter, which plagued the United Nations process in out objection. As he had done with is usually a threat to withhold funding, achieving climate agreement from the RFRA, President Bill Clinton signed and that really gets them upset. Of very start. That is what prompted the this legislation into law. course, what they really want is to Byrd-Hagel resolution of 1997. I remem- It is shocking how little it took—just have something there that they can ber it so well. I was sitting in this two Supreme Court decisions—to stall draw on so that they don’t have to be Chamber. I had only been here for 3 America’s centuries-long journey of re- obligated to any of the countries that years at that time. We all agreed to it. ligious freedom. As a result, the law are participating. It passed 95 to 0. It was unanimous. Ev- today does not adequately protect reli- Anyway, this is not the time to get eryone who was in the Chamber at the gious freedom. You and I can claim the into that, but I am just saying that time voted for it. It said: We are not First Amendment’s protection only if this is the 21st year they have had this going to come back. They were really the Federal Government explicitly tar- conference, and every year the same addressing this to Clinton and Gore gets our religious practice. The First thing happens: The 192 countries get in during their administration. Gore had Amendment is not available at all there and they follow the lead of the gone down to see his friends in Central when State and local governments re- United States by saying that they are America, I guess it was—I am not strict or even prohibit religious prac- going to be reducing their emissions, sure—to put this thing together. He tice altogether. Even the legislation and of course it doesn’t happen. said: We are going to join you in this passed unanimously by Congress is un- In 2009, Copenhagen hosted such a commitment to reduce CO2 emissions. available when State and local govern- meeting. I remember going over there, Well, that sounded good until they ments restrict religious freedom. and some of the people who attended at came back and they had the Kyoto We live in troubled times, and many that time were Barack Obama, Hillary Convention. They never submitted it to things we once took for granted are Clinton, and John Kerry—Clinton and this body because no treaty can be being challenged and even attacked. Kerry were in the Senate at that ratified unless it is ratified by the Sen- Today the rhetoric about religious time—BARBARA BOXER, and NANCY ate. We never even saw it. What is the freedom does not match the reality. PELOSI. They all went over to assure reason for that? The reason is they In his 1810 State of the Union Ad- everyone in Copenhagen that the knew it wouldn’t pass because the dress, President James Madison said United States was going to pass cap- Byrd-Hagel amendment—and several of that a well-instructed people can alone and-trade legislation. us were cosponsors of that—said that be a free people. The more we under- So I waited until they had all fin- we won’t agree and ratify any conven- stand how religious freedom is inalien- ished their business, and I went over. It tion that comes to us and doesn’t treat able and preeminent, how it is deep in was the shortest trip to Europe I had the developing countries like the devel- substance and broad in application, the ever taken. I was there 3 hours. I was oped countries. Unless it does one of better equipped we are to promote and the one-man truth squad. I said: You two things, we will reject it: one, if it defend it. Only then will government have been hearing from all of these hurts us economically—of course they not only pay lipservice to the funda- leaders, but it is not going to happen. all do—and two, if China doesn’t have mental right to religious freedom but We are not going to pass it. And of to do the same thing we have to do. will provide for and properly accommo- course we didn’t. Well, that is what happened, and of date it so that it will be a reality for We are going through the same thing course none of these things have all of us. now. While the verbal commitments passed.

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.066 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE October 7, 2015 CONGRESSIONAL RECORD — SENATE S7215 Now the President is trying to do because as China’s economy has grown, regulating other industrial sectors, in- with regulations what he failed to be so has its demand for electricity. China cluding agriculture. So it is not just oil able to do through legislation, and we is the largest consumer and importer of and gas and some of these emitters. It are seeing that every day in the com- coal in the world, accounting for 50 is everybody, and it is not going to mittee that I am fortunate enough to percent of global consumption. Fifty happen because it can’t happen. It chair, the Environment and Public percent of the global consumption of doesn’t work. Works Committee. All of these rules coal is in one country—China. After that committee hearing, I led a are coming before us, and these rules Over the next decade, China is ex- letter with 10 other Senators to the are a result of things they tried to do pected to bring a new coal-fired power- President requesting a detailed re- legislatively, but they couldn’t do—the plant online every 10 days to give it the sponse for just how the United States WOTUS rule. electricity it demands. Unlike the intends to meet the pledge of 26- to 28- If you talk to farmers and ranchers United States, China does not have percent emissions reduction by 2025. It in America, they will say that of all other inexpensive energy sources. has been 3 months, and we still haven’t the regulations that come from the Where we in the United States are ben- received a response. So they have been EPA that are the most damaging to efiting from cheap natural gas, China saying this. We are saying: How are farmers and ranchers, it is the WOTUS doesn’t have the technology and re- you going to do it? Three months have rule, and that is the waters of the sources to do it, so they can’t do that. gone by, and we still don’t know how United States. The Chair is certainly Even though we have this huge shale he plans to do it. very familiar with this. That means revolution in this country where we When we go to these other countries, that while we have had State jurisdic- are producing oil and natural gas— they assume that America is like they tion over our water for many years, it which brings up the other thing we are; if the President says it, he means had one exception, and that is for navi- need to do, and that is to do away with it, and he is going to try to make it gable waters. the export ban on natural gas and oil. happen. With his pledge to the inter- I think all of us who are conserv- But China doesn’t have the technology national community, the President is setting up the American economy to atives would agree that the Federal to do that, so all they can use is coal. suffer great pain for no gain. Government should have jurisdiction And to continue to support the world’s Now, his Clean Power Plan lacks over navigable waters because that af- largest economy, which China is, China credibility. The EPA does not even fects a lot more than just States. So will have no choice but to break its bother to assess the minuscule environ- they tried to do that with legislation. promise of hitting its emission peak by mental benefits associated with the That legislation was offered 6 years ago 2030, and that is not going to happen. Clean Power Plan and with the cost of by Senator Feingold of the Senate, who Russia has pledged to reduce its car- the plan. We are talking about some- is from Wisconsin, and Congressman bon emissions between 25 and 30 per- thing that would be upwards of $400 bil- Oberstar, who is from Minnesota. Not cent by 2030. Here is the sticking point. lion a year. That is very similar to only did we overwhelmingly defeat Russia made this projection based on when they tried to do this with cap- their legislation, but we defeated them its carbon emissions baseline of 1990. and-trade legislation. at the polls in the next election, so it By playing with numbers, Russia’s I had the occasion and I do this: gives you an idea of the unpopularity commitment will actually allow it to Every time I hear a big number, I go of this. Since the President was not increase emissions between 700 and 900 back to my State of Oklahoma and I do able to do it with legislation, he tried tons in 2030. a calculation. I find out how many to do it with regulation. Well, that is Then there is Mexico, South Korea, families in my State of Oklahoma filed the way it is with CO2 emissions. and South Africa. All of them will have a Federal tax return, and then I do the So India sent their plan over. They made pledges not cut emissions but to math. As it turned out, that would cost are the third largest CO2 emitter, only slow the growth—not to cut emissions about $3,000 per family. Now, to some behind China and the United States. Its but slow the growth. In other words, people who believe the world is coming demand for coal is expected to surpass these countries are committing to in- to an end and global warming is caus- U.S. consumption by the end of the creased emissions through 2030. In the ing it, that might sound like: Well, decade unless the United States helps meantime, President Obama is com- $3,000 a family is not that big a deal. front India the cash it needs to execute mitting the United States to cut—not But let’s remember—and I would re- its trillion-dollar climate plan, but slow the growth but cut—its emissions mind the Chair—that it was just a that is not happening. As a Member of from 26 to 28 percent by 2025. Nobody short while ago when Lisa Jackson, this body, we will do everything we can knows how they came to those years. who was the President’s nominee and to stop it, and we will be successful. We There is no plan that we have seen that eventually became the Director of the know for a fact that is not what Amer- would do that. But this promise is also EPA, was asked by me on live TV in ica wants to do. just as hollow as what we have been our committee: If we do pass any of Now we have China. It has pledged to hearing from these other countries these things, either by regulation or by peak its carbon emissions around 2030 that I previously mentioned. legislation, will that have the effect of and increase its renewables to 20 per- Not only does the President not have reducing CO2 emissions worldwide? She cent of the primary energy use. Subse- the backing of the Senate and the said: No, because this isn’t where the quent to its commitment, China also American people, but outside groups problem is. It is in China. It is in India announced a nationwide cap-and-trade are finding that the President’s meth- and in these other countries that I system alongside a newfound partner- ods to achieve these reductions mentioned before. So we would be ship between U.S. cities. While all of through climate regulations—pri- doing that. Even if you are a believer these commitments—that is, they have marily the Clean Power Plan—are in the doom philosophy, we would be partnership cities that say ‘‘We will do faulty. According to a recent analysis doing it in a way that is not going to it in our State if you do it over by the U.S. Chamber, the President’s work. there’’—they sound good to the media, intended nationally determined con- So despite all the costs they have, but the facts don’t pan out because it tribution is about 33 percent short of the President’s climate regulations is nothing more than business as usual. meeting its stated target. So that is would only reduce CO2 concentrations At the end of the day, the country gets not going to work by 0.2 percent. Global average tempera- to increase its emissions for the next 15 On July 8, David Bookbinder, former ture rise would be—would be, I say, not years. Here is what they call an agree- Sierra Club chief climate counsel, tes- will be but would be—reduced only by ment that is in the best interest of re- tified before the committee that I .0016 degrees Farenheit. It could not ducing CO2 worldwide. Yet they are chair about his own analysis that has even be measurable. And the sea level committing not to reduce but to in- found an even greater gap. It was in rise would be reduced by 0.2 millime- crease their emissions for the next 15 this same hearing where it was stated ters, which is the thickness of two years, until 2030. that to close the gap in the President’s human hairs. When they first made their commit- climate commitment, the United So it is no wonder the President is ment—I called it a nonbinding charade States would likely have to consider working so hard to circumvent

VerDate Sep 11 2014 02:24 Oct 08, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G07OC6.068 S07OCPT1 emcdonald on DSK67QTVN1PROD with SENATE S7216 CONGRESSIONAL RECORD — SENATE October 7, 2015 Congress’s role in committing the So the Constitution says the most ‘‘American dominance in seas, in the United States to the agreement. important thing we do is defending skies, and in space can no longer be I only say this because we are now America. It is our constitutional duty taken for granted.’’ This is America, getting close to December and we have to do it. and people are thinking that the Presi- been through this so many times be- The NDAA contains provisions that dent might even veto this bill. fore, and this isn’t going to be any dif- take care of military men and women— Admiral Winnefeld, who is Vice Chief ferent. There is going to be a dif- the pay, the benefits, the bonuses, the of Staff, said: ‘‘There could be for the ference, and that is that they are not new starts, the reenlistment bonuses, first time in my career instances where going to attempt to do it by passing military construction, and all of this we may be asked to respond to a crisis legislation. They want to circumvent stuff. This bill addresses things such as and we will have to say that we can- Congress because they know Congress additional protections for victims of not.’’ reports to the people and the people sexual assault. It is a good bill, and General Dempsey, Chairman of the don’t want this. most of the members of this committee Joint Chiefs of Staff, says we are put- I can remember when global warm- have been to the floor today and have ting our military on a path where ‘‘the ing—when they had their annual Gal- talked about. force is so degraded and so unready’’ lup poll every March. It used to be that I just wanted to mention a couple of that it would be ‘‘immoral to use it.’’ when asked what were the critical con- things that may have been overlooked General Dempsey labels it ‘‘unlike cerns about America, global warming by some of the other speakers. They any in his lifetime.’’ was always—in 2002, 2003, 2004, and should be focusing on accomplishing So the passage of this legislation is 2005—between first and second place of their missions instead of wondering if absolutely necessary. We have passed the greatest concern. Do we know what this bill authorizes spending priorities it. We have done the responsible thing. it is today? Out of 15, it is number 15. critical to our national security and And I think we need to be sure that we So the people have caught on. They supports the resources requirement of use full pressure to make sure the know it will be the largest tax increase the Department of Defense. While this President does not veto this bill, be- in history and that it will not accom- bill does not contain every provision cause he is toying with a veto. plish anything. that the Senate wanted, that I wanted, We have never seen anything like Mr. President, what is our timing sit- that the House wanted, and that the this in the history of this country. We uation? President would like to have, the final have a level of threat to America, and The PRESIDING OFFICER. There language is overall good policy for our we are going to have to make sure that are no time limitations. national defense. It provides authoriza- we pass this bill. I am very proud that NATIONAL DEFENSE AUTHORIZATION BILL tions in a timely manner. This vital it was passed by the majority in the Mr. INHOFE. Mr. President, I wish to piece of legislation sets the course for Senate. make some other comments because our national security and provides for I know I am the last speaker tonight. something very good happened, and it our Nation’s nearly 2.1 million all-vol- I suggest the absence of a quorum, just is not normally the case. We passed the unteer force. to see if there is any last message that Defense authorization bill. Here we are I was a product of the draft many has to be given. in the midst of over two decades of years ago. I have often said that is one The PRESIDING OFFICER. The wars and we are being challenged on all of the things that this country prob- clerk will call the roll. fronts—from national states to ter- ably ought to go back to. We wouldn’t The senior assistant legislative clerk rorist organizations and extremists to have a lot of the problems today if we proceeded to call the roll. cyber and lone-wolf attacks. Our mili- had to have kids go through the dis- Mr. MCCONNELL. Mr. President, I tary is directly engaged in Asia, Africa, cipline and the appreciation for our ask unanimous consent that the order Eastern Europe, Syria, Afghanistan, country. But nonetheless, this is an for the quorum call be rescinded. and Iraq, and the demands that this all-volunteer force, and it has worked The PRESIDING OFFICER. Without country is placing on them continues beautifully. objection, it is so ordered. to increase. It is greater than anything I make it a point, when I go to Af- f I have ever seen in the years I have ghanistan or Iraq or Africa and these been here and probably the greatest in places where we have troops stationed, MORNING BUSINESS history in terms of the numbers of to sit down in the mess halls, to go out Mr. MCCONNELL. Mr. President, I threats to America from different in the field and eat with them or listen ask unanimous consent that the Sen- countries. to the problems they have and try to ate be in a period of morning business, Yesterday we voted to pass the Na- boost them up a little bit because they with Senators permitted to speak tional Defense Authorization Act, or know that under this administration, therein for up to 10 minutes each. the NDAA, for the 54th consecutive which I have called the disarming of The PRESIDING OFFICER. Without year. I have been worried. The last few America, defending America is not the objection, it is so ordered. years we ended up passing it not this high priority that it should be. This is f early but passing it in December. If we a time when each service chief, sec- had gone to December 31 in those years RECOGNIZING COASTAL RIDGE retary, and combatant commander has ELEMENTARY SCHOOL or even in this year, all of a sudden our testified that no service will be able to people wouldn’t get hazard pay and meet the wartime requirements under Ms. COLLINS. Mr. President, I wish they wouldn’t get reenlistment bonuses sequestration. to commend Coastal Ridge Elementary and we couldn’t let that happen. So I The President and many people in School in York, ME, on being named a am glad we did it earlier this year. I this body wanted sequestration to take 2015 National Blue Ribbon School of think it is the most important bill we place but only for domestic purposes as Excellence. This year, Coastal Ridge pass every year. well as military, and we are saying this Elementary was one of only 335 schools It is our constitutional duty to pro- is where the problem is. Let’s look at across the country and one of only two vide oversight over the President and Secretary Carter, our Secretary of De- schools from Maine to receive this his administration. There is an old fense. He said recently: prestigious recognition of high accom- wornout document that nobody reads Readiness remains at troubling levels plishment by the U.S. Department of anymore. It is called the Constitution. across the force. Even with the fiscal year Education. If we read article I, section 8 of the 2016 budget, the Army, Navy, and Marine Created in 1982, the Blue Ribbon Constitution, it tells us what we are Corps won’t reach their readiness goals until Schools Award honors schools that are supposed to be doing—No. 1, defending 2020 and the Air Force until 2023. either academically superior in their America, and No. 2, roads and high- At a time when former Secretary States or that demonstrate significant ways. I am very glad we passed the Hagel says—listen to this. I don’t know gains in student achievement. The highway bill. It is over in the House, why more people in America didn’t schools singled out for this national and I am optimistic they will be able to hear this. This is the Secretary of De- recognition are models of high edu- pass it over there as well. fense, Secretary Hagel, who said: cational standards and accountability.

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