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

Vol. 161 WASHINGTON, TUESDAY, NOVEMBER 10, 2015 No. 167 House of Representatives The House was not in session today. Its next meeting will be held on Monday, November 16, 2015, at 2 p.m. Senate TUESDAY, NOVEMBER 10, 2015

The Senate met at 10 a.m. and was RECOGNITION OF THE MAJORITY erans Memorial Park. Hands will be called to order by the President pro LEADER put to heart as the ‘‘Star Spangled tempore (Mr. HATCH). The PRESIDING OFFICER (Mrs. Banner’’ is played. Heads will bow in ERNST). The majority leader is recog- reverence as 106 names are read aloud, f nized. each a Kentuckian who made the ulti- mate sacrifice in the service of others, f PRAYER and each a reminder of our enduring SCHEDULE debt to America’s men and women in The Chaplain, Dr. Barry C. Black, of- Mr. MCCONNELL. Madam President, uniform. fered the following prayer: I am proud to represent the nearly Let us pray. for the information of all Senators, this morning the Senate will resume 330,000 Kentuckians who have served in Eternal Father, inspire our law- the Armed Forces. I am also proud to makers to give You their best. Striving consideration of the MILCON–VA ap- propriations bill. Several amendments represent the many thousands of sol- to serve You and country, may they diers and their families who reside in refuse to bring You the leftovers of were agreed to yesterday, and we ex- pect more to be considered before we or hail from our great Commonwealth, their time, talents, and trust. Inspired whether at Fort Knox, Fort Campbell, by Your providential movements in our complete action on the bill. Senator KIRK and Senator TESTER expect to the Blue Grass Army Depot, or beyond. world, help them to raise the bar of I recently had a chance to meet some their expectations. Remind them that wrap up consideration today, so any Senators with amendments to the bill of Kentucky’s brave soldiers, sailors, You can accomplish through them airmen, and marines who currently more than they can ask or imagine. should be talking to the two managers. We will have a rollcall vote on the serve in Afghanistan and Iraq. Sadly, a Lord, today we pay tribute to all NDAA at approximately 11:20 a.m., and NATO helicopter had just crashed in American veterans, living or dead. We I hope to vote on passage of the Kabul, killing five people, including praise You for the gift of people who MILCON–VA appropriations bill short- two American servicemembers. I was are willing to serve their country hon- ly thereafter. honored to take part in a prayer serv- orably during times of war and peace. If we complete action on NDAA, ice led by a chaplain from Lexington, Inspired by their exemplary lives, MILCON–VA, and send the long-term KY, and I note that the occupant of the grant to us all a new dimension of com- highway bill to conference later today, Chair was with me at the time. passion, courage, and competence. Use that will allow the Senate to adjourn What an incredibly humbling mo- us to touch Your world and leave it for the Veterans Day holiday. ment it was. The tragic crash is a stark better than we found it. f reminder of the incredible danger our We pray in Your great Name. Amen. service men and women face every day, COMMEMORATING VETERANS DAY and a stark reminder of what all Amer- f AND PASSING LEGISLATION SUP- icans owe them. PORTING OUR VETERANS AND Veterans should know that they have PLEDGE OF ALLEGIANCE TROOPS many champions fighting for them The President pro tempore led the Mr. MCCONNELL. Madam President, here in the Senate. One of them is Sen- Pledge of Allegiance, as follows: like many of my colleagues, I plan to ator ISAKSON, the chair of the Vet- I pledge allegiance to the Flag of the commemorate Veterans Day with the erans’ Affairs Committee. Under his United States of America, and to the Repub- people I am honored to represent here leadership, the committee has actively lic for which it stands, one nation under God, in the Senate. I will join Kentuckians sought to do right by the men and indivisible, with liberty and justice for all. at a ceremony in Shelbyville’s Vet- women who never hesitate to do right

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

S7869

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VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.000 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7870 CONGRESSIONAL RECORD — SENATE November 10, 2015 by us. He has sent important legisla- It would transform bureaucratic The Senate has voted many times tion to the Senate floor that we have waste into crucial investments for our over the years to enact these bipar- been able to pass on a bipartisan basis troops and their families, like the tisan prohibitions. We have enacted and that the President has signed into raises they have earned and the quality them in Congresses with split party law. of life programs they deserve. control. We have enacted them in Con- One law we passed would improve the It would provide hope for wounded gresses with massive, overwhelming Veterans Choice Program, for instance, warriors and extend a hand of compas- Democratic majorities. And, today, the while another, the Clay Hunt Suicide sion to heroes who struggle with men- Congress elected by the American peo- Prevention for American Veterans Act, tal health challenges. ple will express itself clearly one more would help reduce the tragedies that It would also authorize a new med- time—not once, but twice—today. befall too many of our heroes and the ical facility at Fort Knox, an impor- The President may not like this bi- heartbreak that befalls too many of tant project I have championed lit- partisan action. It may conflict with a their families. erally for years. campaign slogan from 8 or 9 years ago. Important Veterans’ Affairs Com- And at a time when our country faces But here is how one Senator put it: mittee oversight has also been brought the most ‘‘diverse and complex array of ‘‘Congress’ job is to pass legislation. to bear on an agency that has lost the crises’’ since the Second World War, as The President can veto it or he can trust of many it serves; that is, the VA. Henry Kissinger observed, Senator sign it.’’ That was then-Senator Obama Of course, there is much more to be MCCAIN’s bill would help position our as he was criticizing the idea of doing done. Veterans deserve the very best, military to confront the challenges of an ‘‘end-run around Congress.’’ and the VA crisis will not be resolved tomorrow as it offers support to the ‘‘I believe in the Constitution,’’ he easily or quickly, but working to- men and women serving in harm’s way said at the time—Senator Obama— gether, there is a lot we can do for the today. ‘‘and I will obey the Constitution of men and women who risk their all for The Defense authorization bill is leg- the United States,’’ said Senator their country. islation we typically consider every One way to do so is by passing the Obama. Those were his words then. year. It is legislation that typically They should guide his actions now. Veterans funding bill that is before us. passes with broad bipartisan support. It is a result of great work by another We expect that to finally happen again f champion of veterans, Senator KIRK, today. We expect the President to fi- RECOGNITION OF THE MINORITY chair of the Military Construction and nally sign it this time. LEADER Veterans Affairs Appropriations Sub- This should have been allowed to The PRESIDING OFFICER. The committee. Just like Senator ISAK- happen a whole lot sooner. We all know Democratic leader is recognized. SON’s Veterans’ Affairs Committee, the the unfortunate and unnecessary road- subcommittee led by the Senator from blocks the Defense authorization bill f Illinois has done great work for vet- has faced this year. We all know the MILITARY CONSTRUCTION AND erans in sending important legislation President decided to veto the version of such as this to the floor. We will pass VETERANS AFFAIRS APPROPRIA- the bill we passed last month. That TIONS BILL one important measure today. veto is particularly unfortunate and Senator KIRK’s bill would fund the puzzling, given the two chief concerns Mr. REID. Madam President, as I health care and the benefits our vet- the President cited when he vetoed it. mentioned yesterday morning, the Re- erans rely on. It would support mili- publican leader is right about a lot of tary families by funding the housing, No. 1, he said he was concerned that the bill relied upon contingency fund- what he talked about regarding the schools, and health facilities that sus- Military Construction-VA-HUD legisla- tain them. It would provide support for ing to meet the Department’s oper- ational costs. No. 2, he said he was con- tion, but the one thing he just glossed medical research, for women’s health, over is that as a result of our holding and for veterans suffering from trau- cerned that the bill again contained a clear, bipartisan prohibition on moving firm—we as a Democratic caucus hold- matic brain injury. And in Kentucky, ing firm—the veterans now have $2 bil- it would provide funding for a special Guantanamo Bay terrorists into our local communities. lion more than they would have, had operations headquarters at Fort Camp- we followed the Republicans’ lead—$2 bell, for educational facilities at Fort But the bill really hasn’t changed much since then, and the top line has billion more—allowing 70,000 veterans Knox, and for design work for a new to be treated who wouldn’t have been medical center in Louisville. now been settled by the bipartisan budget agreement. Either way, we look otherwise. So we are satisfied that this Senator KIRK’s bill would also fund bill is a good bill, and it is a good bill reforms designed to help address the forward to the Senate passing this es- sentially unchanged legislation and the because veterans are getting $2 billion crisis we have seen at the VA. These more. There are other reasons, of reforms would allow for greater na- President’s signing the bipartisan bill, along with—along with—its restric- course. I think the bipartisan support tional and regional progress in reduc- we got for the bill was important, but ing claims backlogs, and they would tions against bringing terrorists into for our veterans, the most important deploy important protections for whis- the United States, into law. part was $2 billion extra. tleblowers as well. This bill will include restrictions on It is obvious why our veterans de- bringing terrorists into the United f States, and he is going to sign it. That serve this bill right now, so let’s not FIFTH CIRCUIT COURT wait a moment longer. Let’s pass this is the right thing for our men and IMMIGRATION DECISION important legislation later today. The women in uniform, and that is the men and women who have worn our right thing for our country. Mr. REID. Madam President, the uniform have had to wait long enough Before I leave the floor, I wish to un- Fifth Circuit Court’s decision yester- for it already. derline a point I just referenced. This day was a political move that ignores We will also turn to legislation today morning the Senate will pass two bills. past precedents on Executive action on for the men and women who currently It will pass a Veterans funding bill that immigration. wear our uniform and have had to wait supports Americans who have already The Republicans have spoken out too long for it. served their country, and it will pass a against the President’s action on what When Senator MCCAIN says that it is Defense authorization bill that sup- he has done on immigration. Why did the first duty of the Federal Govern- ports Americans who are currently he do it? Because he was trapped. He ment to protect the Nation, he means serving. Each of these bills contains a had to do it because the Republicans it. He knows what it means to serve. clear, bipartisan prohibition on the refused to legislate. He knows what it means to sacrifice. President moving Guantanamo Bay And like every President before him, And in his role as chair of the Armed terrorists into the backyards of the President Obama has a legal right to Services Committee, he worked hard to American people. Both of these bills in- establish clear immigration enforce- craft a bipartisan Defense authoriza- clude restrictions on moving terrorists ment priorities and allocate resources tion bill with input from both parties. into our country. accordingly.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.001 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7871 But the attorney general of Texas side. That is why the United States and Searchlight, was shot down. He is still and 25 other Republican Governors and Israel are negotiating right now a new there. That is where his grave is. attorneys general filed a lawsuit stat- 10-year memorandum of understanding I know his family. I know his son ing that the President had exceeded his on security assistance. Much of yester- Gary and his Aunt Thelma, whom I authority. This decision affects mil- day’s meeting between the President of knew in Searchlight. lions of American families who are now the United States and the Prime Min- This good man was so gallant in the subject to being torn apart, and as ister of Israel centered on the contin- eyes of people from Nevada that a pre- many as 5 million immigrants could be ued assistance we would provide Israel. vious congressional delegation, in con- set for mass deportation. Israel’s interests have always been pro- junction with the President of the I expect the administration will tected by the United States in matters United States, decided it would be ap- swiftly appeal this decision to the Su- that come before the United Nations, propriate to name the Las Vegas Gun- preme Court and that the Court will as Israel has always protected the in- nery School, as it was called at that find the actions lawful. It is sad that terests of the United States before the time, Nellis Air Force Base. Republicans are wasting their time United Nations. Today Nellis Air Force Base, named talking about mass deportation when In recent years we have seen how res- after this man from Searchlight, is the they could be doing things to solve the olutions before the United Nations finest Air Force fighter training facil- problem, such as passing a bill that re- General Assembly and the U.N. Human ity in the world. Thousands and thou- forms our immigration system once Rights Council have unfairly targeted sands of people serve there. and for all. The Republican Party has the people of Israel. The administra- It was originally on the outskirts of neglected the lessons of the 2012 elec- tion has denounced such efforts, but we Las Vegas. Now it is in Las Vegas in a tions and has plunged over a cliff fol- also stand against Palestinian at- very populated area. No one complains lowing Donald Trump, Ben Carson, and tempts to use the United Nations to go about it. We are so proud of that Air the others. around a negotiated peace process. Force base. It is a huge facility that The Executive actions were neither a Wherever, whenever, and however, the has the finest gunnery range for Air complete nor a permanent solution to United States will always stand by Force pilots in the world. We have ex- the problems plaguing the immigration Israel. ercises there every year where pilots system, but they were a commonsense f from all over the world bring their own step in the face of inaction. aircraft from Australia, Great Britain, VETERANS DAY As Judge Carolyn Dineen King stated and other places to train there. in her dissent very clearly, ‘‘a mistake Mr. REID. Madam President, I share We in Nevada are very proud of Nellis has been made.’’ So it is now up to the the Republican leader’s hope that we Air Force Base, as is the entire mili- U.S. Supreme Court to correct this can conclude the Military Construc- tary complex in the United States. It is grave mistake—a mistake that sets not tion-VA bill later this morning. I com- a wonderful facility. Tomorrow is the only a dangerous precedent but one mend the managers of that legislation day we honor Bill Nellis and the other that is bad for families, bad for our for doing a good job. There is no Sen- gallant people who have served and are communities, and bad for the future ator I admire more than JON TESTER serving in the U.S. military. prosperity of our country. Again, as from Montana, and he has been ably Would the Chair announce the busi- Judge King said, ‘‘a mistake has been leading the direction of this bill. ness this morning. made.’’ I join with the Republican leader as f f we honor our veterans tomorrow on Veterans Day. RESERVATION OF LEADER TIME IRAN NUCLEAR AGREEMENT Madam President, I just want to take The PRESIDING OFFICER. Under Mr. REID. Madam President, today I a brief minute to talk about a veteran, the previous order, the leadership time want to address more directly the Re- whom I look to with admiration. is reserved. publican leader’s remarks that he gave Today the chaplain gave a prayer f yesterday regarding the Iran nuclear saying that he prayed for veterans who agreement. In short, no matter how have already left us and those veterans MILITARY CONSTRUCTION AND Republicans misrepresent the Iran nu- who are still alive. VETERANS AFFAIRS AND RE- clear agreement, the agreement My town is Searchlight, NV, a little LATED AGENCIES APPROPRIA- brought about the long-sought goal of tiny town with not a lot of people in it. TIONS ACT, 2016 preventing Iran from having a nuclear It has been that way for a long time. The PRESIDING OFFICER. Under weapon. The agreement is nothing For a brief period Searchlight was big- the previous order, the Senate will re- more, nothing less. It prevents Iran ger than Las Vegas. It had 3,000 people sume consideration of H.R. 2029, which from having a nuclear weapon. there. the clerk will report. f During World War II a young man The senior assistant legislative clerk who was already married and had chil- read as follows: HOSTING PRIME MINISTER dren went to a movie with his wife in A bill (H.R. 2029) making appropriations NETANYAHU Las Vegas. He came out of the movies for military construction, the Department of Mr. REID. Madam President, later and told his wife: I think I have to join. Veterans Affairs, and related agencies for today the Republican leader and I will He didn’t have to, but he felt he had to. the fiscal year ending September 30, 2016, and host Israeli Prime Minister Netanyahu, So this young man joined the U.S. for other purposes. as we have done on many other occa- Army Air Corps, which is now the U.S. Pending: sions. It is always a pleasure to meet Air Force. It was a huge sacrifice for Kirk/Tester amendment No. 2763, in the na- with Prime Minister Netanyahu and re- him and his family. He traveled with ture of a substitute. affirm America’s longstanding commit- his wife and children to Georgia where Kirk amendment No. 2764 (to amendment ment to the security of Israel. Israel he did his training and then went to No. 2763), to clarify the term ‘‘congressional knows it has an ally in the United the European theater as a pilot. defense committees.’’ States—in fact, no greater ally in the He served gallantly, bombing, straf- The PRESIDING OFFICER. Under world than our great country. ing, and all the other things you did in the previous order, the time until 11 While some Republicans in Congress the air in World War II. He had been a.m. will be equally divided in the are trying to drive a false narrative of through 68 different missions. He was usual form. acrimony between the United States through. But as happens sometimes in The Senator from Utah. and Israel, I choose to see the full pic- life, things develop that change your UNANIMOUS CONSENT REQUEST—S. RES. 312 ture, and the full picture is one of life. He volunteered for one more flight Mr. LEE. Madam President, I rise strengthened cooperation and shared because one of the other pilots was un- today to support and to request the interests. able to go. Senate’s approval of this resolution, Israel has always and will always de- On his 69th flight, somewhere over which would designate the second week pend on the United States to be by its Belgium, Bill Nellis, the boy from of November as National Pregnancy

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.006 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7872 CONGRESSIONAL RECORD — SENATE November 10, 2015 Center Week in honor of the lifesaving protected rights as a political football. ther away from the more humane and and life-affirming work of America’s Unfortunately, it makes it clear for the compassionate society that all Ameri- community-supported pregnancy cen- umpteenth time that when it comes to cans deserve. ters. improving access to affordable health If calling for recognition of these I am asking for my colleague’s unani- care for women, some Republicans are brave and noble men and women who mous consent because there is abso- determined to stand in the way of serve people at pregnancy centers lutely nothing contentious about this progress. around the country is divisive, we have resolution, S. Res. 312, nor is there any- I expect that some of my Republican significant problems, but the fact is, it thing contentious about the pregnancy colleagues will say this resolution is not. I would encourage anyone with- resource centers commemorated by shows how much they care about wom- in the sound of my voice to read S. Res. this resolution. en’s health. The truth is it shows the 312, and they will discover it is not the There are approximately 2,500 preg- opposite. It shows once again that the least bit divisive and doesn’t discuss nancy resource centers in America. Republican Party wants to interfere in anything that is the least bit con- Every single day they serve an average a woman’s medical decision. Strength- troversial. of 65,000 women and men faced with ening women’s health care doesn’t On that basis, I can’t agree with the challenging pregnancy decisions, pro- start with telling women what they modification, and I object. viding them with a wide array of re- should and should not do with their The PRESIDING OFFICER. Objec- sources. That includes, at many cen- own bodies, but that is exactly what tion is heard to the modification. ters, health care services such as preg- that resolution does. Is there objection to the original re- nancy tests, ultrasounds, and testing If my Republican colleagues really quest? Mrs. MURRAY. Madam President, I for STDs and STIs. It includes emo- want to support women’s reproductive object to the original request. tional and educational support such as care, they would work with Democrats The PRESIDING OFFICER. Objec- options counseling and parenting class- on improving access to affordable birth tion is heard. es. It includes material and logistical control under the Affordable Care Act, The Senator from Maryland. including emergency contraceptives, assistance to help new moms and dads ARMED SERVICES AUTHORIZATION BILL deal with all the little things that eas- ensuring women and families make Ms. MIKULSKI. Madam President, I ily add up to big obstacles in the first their own decisions about their health rise to speak as in morning business in few weeks and months of parenthood. care—not their bosses—and fighting terms of the bill we will be voting on at America’s pregnancy resource cen- back against efforts across the country 11:20 a.m. today, the armed services au- ters aren’t out to make a profit nor are to undermine women’s constitutionally thorization, as well as what we are they out there to push a particular po- protected health care rights. going to be voting on this afternoon, litical agenda. They are just there to It is time for Republicans to drop the which is veterans health care. They ac- help and to do so in a way that is com- political attacks on women’s health tually go hand in hand and what a passionate, considerate of individual and instead join Democrats to focus on great set of votes in a symmetry that privacy, and respectful of the equal these priorities and more like them, so shows our support for national secu- dignity of all human life. that women—not politicians, not insur- rity, our support for our U.S. military, Any way you look at it, America’s ance companies, not CFOs or CEOs— our support for our U.S. military who pregnancy resource centers deserve our are in control of their health care, as it are on Active Duty today, and then recognition and they deserve our re- should be. also for our veterans who in their spect and our gratitude. The real meas- UNANIMOUS CONSENT REQUEST—S. RES. 37 hearts are always on Active Duty. ure of their significance isn’t in the That is why I ask the Senator to Today we have the ability to actually words of a floor speech in the Senate or modify his request and instead ask show we can govern, we can pass bills the outcome of a vote, it is in the thou- unanimous consent that the HELP on a bipartisan basis that will help our sands of lives they help save from the Committee be discharged from further country be able to defend itself, show pain of abortion every year and in the consideration of S. Res. 37, and the our support to the U.S. military, and millions of teachers, soldiers, nurses, Senate proceed to its immediate con- honor our commitment to the vet- neighbors, friends, and spouses whose sideration; that the resolution be erans. I am looking forward to voting lives and contributions to our commu- agreed to, the preamble be agreed to, on the armed services authorization be- nities we might never have known had and the motions to reconsider be con- cause it does give the tools we need to it not been for the unassuming heroes sidered made and laid upon the table be able to defend ourselves. I commend down at the local pregnancy center with no intervening action or debate. Senators MCCAIN and JACK REED for who give their time to keep the lights The PRESIDING OFFICER. Will the their excellent work. on, answer the phones, and help young Senator so modify his request? Madam President, I wish to speak women find the hope and the courage Mr. LEE. Madam President, reserv- now as the vice chair of the Appropria- to choose life. ing the right to object, there is nothing tions Committee. I am so excited that Madam President, I ask unanimous divisive about this resolution I have of- we are bringing the MILCON-VA bill to consent that the Senate proceed to the fered today, nothing divisive whatso- the Senate. I have been voting for vet- immediate consideration of S. Res. 312, ever. erans ever since I have come to Con- submitted earlier today; that the reso- This simply seeks recognition of the gress. Veterans are our Nation’s he- lution be agreed to, the preamble be great work that is performed by the roes. They put their lives on the line to agreed to, and the motions to recon- men and women who staff these preg- fight for our freedom. They have made sider be considered made and laid upon nancy centers. There is nothing about tremendous sacrifices for our country. the table with no intervening action or it that is a political football, nothing Whether it is veterans who are still debate. about it that is designed to drive a alive from World War II, those who The PRESIDING OFFICER. Is there wedge. fought on Pork Chop Hill during the objection? Unlike our resolution, the resolution Korean war, the Vietnam war at The Senator from Washington. I submitted today, S. Res. 312, which Mekong Delta, and of course Desert Mrs. MURRAY. Madam President, re- mainly commends community volun- Storm, Iraq, and Afghanistan, we owe serving the right to object, I would ask teers around the country for helping our veterans a debt of gratitude. We the Senator to modify his request and young mothers and their children— want to show our gratitude not only offer a resolution that actually helps hardly divisive—the Senator’s counter- with words and yellow ribbons but with to move women’s health and rights for- proposal is divisive and controversial. deeds. I believe the best deed is to ward. My cosponsors and I only wanted to make sure we adequately fund the Vet- Simply put, the resolution that the recognize the life-affirming and life- erans’ Administration to end the back- Senator has offered is more of the saving work, the kind of work that log for disability benefits—if you same. It is another effort to pander to brings families and communities to- fought on the frontlines, you shouldn’t the extreme Republican base by using gether the counterproposal would only stand in line to get your disability ben- women’s health and constitutionally pull Americans further apart and fur- efits—and to robustly fund veterans

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.008 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7873 health care, along with other benefits the kinds of calls that were coming you made and are making on our be- this Congress has so authorized. into my Constituent Services Offices, half. It would be a mistake to send the We have accomplished a lot over the not only were they waiting in line— opposite message by further postponing years working for our veterans, and we this isn’t like just standing in line at or delaying consideration and final pas- will have a lot to do with what is in our the supermarket, this is for disability sage of this important bill before we legislation. I wish to commend the sub- benefits, for people who are in danger celebrate our veterans, honor, and re- committee chair, Senator MARK KIRK, of losing their homes and other kinds member them tomorrow. and our vice chair, Senator JON of things. So we went to work on a bi- As a member of the Military Con- TESTER, for the work they have done. partisan basis. I am proud of what we struction and Veterans Affairs Sub- As we were working on our bill this did. I am proud of our authorizers. committee, I know this bill before us summer and through the spring, vet- I see Senator ISAKSON from Georgia now is the result of bipartisan com- erans told me and they told them that is on the floor. He was a big part of the promise. I commend the leadership of the Senate funding was too spartan; reform effort. It shows our military Chairman KIRK and Ranking Member that we were underfunding our vet- knows how to win wars, but we need to TESTER, who have worked hand in hand erans and not just by a few dollars but know how we can govern so they don’t to craft the managers’ amendment that by $850 million. So we held it up, not as have to fight a war with the VA bu- they will be bringing before us today. a parliamentary ping-pong, not as a reaucracy. We hope we will be able to In May of this year, the Appropria- parliamentary temper tantrum but as make these reforms. We are not going tions Committee reported this funding a way of saying our veterans need more to throw money at it. We are going to bill by a strong vote of 21 to 9. Since money. insist on metrics. then the Bipartisan Budget Act has As a result of the budget agreement, The last point I wish to talk about is been enacted, which provides needed we are able to do this. We are on the the advance appropriations. People will additional resources to fund vital na- floor today where an amendment will say: Aren’t VA benefits mandatory? tional priorities and that will be re- be offered by Senators KIRK and They are unless we get into one of our flected in the managers’ amendment. TESTER to add $2 billion for veterans parliamentary ping-pong debates. The managers’ substitute would pro- health care, $2 billion to be determined So I worked with the Disabled Vet- vide a total of $79.7 billion in funding, by the Secretary. erans of America and a coalition of sev- which I would note represents more What do we look forward to? Well, eral voluntary veterans service organi- than $1 billion more than the Presi- lifesaving drugs. One of course is this zations—great groups: the American dent’s budget request. issue of being able to pay for hepatitis Legion, Vietnam Veterans and Iraq and This bill increases funding for our C; the other, while we are looking at Iran Veterans of America. They asked veterans in areas where they need it actual hands-on medical care, we want me to add advance appropriations to most, including mental health care and to reduce the wait times. There is too the omnibus 1 year in advance—mak- benefit claims processing, two issues much waiting at the Veterans’ Admin- ing sure we funded things 1 year in ad- which the Senator from Maryland has istration, whether you are waiting for vance—protecting them from shutdown been so active in resolving. This bill your disability claim or you are wait- and slamdown politics. We were able to also includes funds aimed at reducing ing to see your doctor or your mental do that again, and I hope we can do veterans homelessness. This is a spe- health counselor or your ophthalmol- that again this year. cial priority of mine as the chairman of ogist. We need to be able to reduce the I know I have other colleagues on the the Transportation, Housing and Urban wait times, and this is what part of floor who wish to speak now, but I wish Development Appropriations Sub- this $2 billion will do. to say we can really show we not only committee. I worked with Senator Then there are those who are not know how to fight for America and its MURRAY on this issue, and we have only chronically ill from the wounds of security, but we know how to fight for made real progress—exciting progress— war but are chronically and devastat- those who do the fighting. in reducing the number of homeless ingly injured. So we looked at those I yield the floor. veterans across this country through who are unable to care for themselves The PRESIDING OFFICER. The Sen- the VASH Program, but there is still but are being cared for at home by ator from Maine. more work to be done. In addition, this loved ones. This will add more funds to Ms. COLLINS. Madam President, I bill includes $270 million in funding for be able to help those caregivers who rise on the eve of Veterans Day to urge the Office of Rural Health, through are stepping up for their responsibility. my colleagues to support the fiscal which the Access Received Closer to So they are taking family responsi- year 2016 Military Construction and Home or the ARCH Program is funded. bility, but we have to take USA re- Veterans Affairs appropriations bill. In five pilot States in which it oper- sponsibility. That is what we fought This marks the first time in 2 years ates, ARCH ensures that rural vet- for in the $2 billion. that we have had the opportunity to erans, who often have a very difficult I urge my colleagues to move ahead debate, amend, and vote on this impor- time accessing the regular VA health and be able to vote for this bill. I do be- tant legislation on the Senate floor. It care system—particularly the VA hos- lieve this legislation, by adding the is vital to those who serve and to those pitals—can receive care closer to where money and the kind of excellent work who have served our Nation. they live and where their families live. that has been done by our authorizers, I first learned to honor our veterans I will never forget the story shared the insistence of good provisions being from my father. My father is a World with me by a Maine veteran who broke put into the bill—we are going to War II veteran who was wounded twice his hip during a terrible snow storm shrink that VA backlog. Also, we are in the Battle of the Bulge and earned and needed urgent care. The ARCH pro- going to do something else. We are his Purple Heart and his Bronze Star. gram, located at Cary Memorial Hos- going to advance funding for manda- It was he who would take me to the pa- pital in Caribou, ME, ensured he could tory veterans’ benefits. So no matter rades on Veterans Day and on Memo- receive the care he needed in his com- what government means, if we ever get rial Day and boost me high on his munity and close to his family, rather into more shutdown, slamdown, slow- shoulders. From the best vantage point than enduring a 4-hour drive over down politics due to us, the veterans’ in the parade, I would watch our vet- bumpy winter roads during a ferocious benefits will go forward. erans march by. He taught me of their snow storm to the Togas VA Medical I have been working on this backlog sacrifice and that we have a never-end- Center in Augusta, ME. ARCH has for a long time. By the time we got to ing obligation to thank those who wore made a tremendous difference for our March 2013, we were at a national the uniform of our country. veterans and continues to help those standoff. There were over 600,000 claims Passing this bill fulfills important who live in rural communities and who pending. In Maryland we had one of the obligations that we owe to our Nation’s are facing similar challenges and emer- worst claims offices in my own home- 22 million veterans, 127,000 of whom gencies. town of Baltimore. I couldn’t believe live in the great State of Maine. It The managers’ substitute also in- it. When I met with my Veterans Advi- sends an important message to our vet- creases Veterans Affairs medical serv- sory Board and stories poured out of erans: We will honor the sacrifices that ices by nearly $2 billion, including $10

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.011 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7874 CONGRESSIONAL RECORD — SENATE November 10, 2015 million for programs supporting care- tion and Veterans Affairs and Related and our family members have bravely givers. We all know of the wonderful Agencies Appropriations Act. This bi- served their country. work that Elizabeth Dole has done in partisan bill provides critical resources As the daughter of a World War II this area, and I have been very pleased for our active military, veterans, and veteran, I know the sacrifice it takes to join with my colleague Senator their families. to keep our country safe and protect PATTY MURRAY in introducing the Mili- The courage and sacrifice that define our values. Thanks to my father and tary and Veteran Caregiver Services our soldiers, sailors, airmen, marines, the countless other veterans I have had Improvement Act. The bill before us is coastguardsmen, and all the honor of meeting, I believe that going to help provide benefits for those servicemembers over the years cannot when brave individuals sign up to serve who shoulder the responsibilities asso- be understated. Major chapters in our our country, we must fulfill our prom- ciated with long-term care for criti- Nation’s rich history have been and ise to support them when they come cally injured veterans. This bill would continue to be written by our brave home. We should honor our veterans by expand comprehensive caregiver bene- servicemen and women, many of whom showing them we have their backs long fits for those who take on those respon- hail from Louisiana. after the war is over. sibilities. The very least we can do in return is While I would like to stand here and I would note, Madam President, that keep our commitments to them. It is say that our country is doing every- the Senator from Wisconsin, Senator our obligation to fund veterans’ health thing we can for the people we owe the BALDWIN, and I have a broader bill care and benefits, and this bill does most to and that we are fulfilling the dealing with caregivers that the Com- just that while also making necessary promise we made to them when we sent them off to fight for us, I believe our mittee on Health, Education, Labor reforms to the scandal-plagued Depart- work is far from over. Though Congress and Pensions is considering and I hope ment of Veterans Affairs. will be approving shortly. Our Louisiana veterans have waited a passed a sweeping bill last year to pro- In addition to the vital funds for vet- long, long time to have efficient access vide new resources and add more ac- erans programs, this bill also funds to effective health care, and they de- countability to the VA, I continue to hear from veterans across my home military construction projects, which serve much better than what has been State of Washington about care that is unfortunately had been adversely af- handed to them. That is why I have falling short. Despite structural fected—cut, delayed, deferred—as a re- worked for years to authorize new VA changes at the VA, veterans are still sult of the budget caps and the impact clinics and build interim clinics in waiting on surgeries and MRIs and on- of sequestration. Therefore, I am par- southwest Louisiana, including one in cology appointments, mental health ticularly pleased this bill includes $7.2 Lake Charles, LA, that is expected to screenings, you name it. Our veterans million in funding needed to repair, open before the Thanksgiving holiday. have already fought for our country. renovate, and upgrade the 101st Air Re- The latest National Defense Author- They should not have to fight to get fueling Wing’s fire and crash rescue ization measure has been revised to re- their health care or the benefits they station in Bangor, ME. This is funding flect the recent budget deal, which were promised, so we have to fight on for which I have strongly advocated, modified the spending caps for both and I thank the managers for including their behalf. base and war defense spending. In light As the senior member of the Senate it the bill. The 101st ‘‘MAINEiacs’’ pro- of these changes, I firmly believe the vide critical 24/7 air and ground refuel- Veterans’ Affairs Committee, I am administration should honor past committed to making this country ing services that support local military statements that current military re- operations, and this funding will work better for our veterans. Even ductions are due to defense budget cuts though there are challenges, there is strengthen their capabilities. stemming from sequestration, which I would note, Madam President, that hope. Just 2 weeks ago, we successfully have now been postponed for 2 years. I recently met with General Breedlove, passed the Homeless Veterans Services It is critically important to recognize Protection Act out of the Senate to our NATO commander, and he told me that the newly revised 2-year budget he refueled at Bangor, ME, on his way make sure a VA policy change doesn’t deal provides necessary relief for the back from Europe recently. cut off services and force veterans onto Department of Defense and allows a Madam President, I could go on and the street. That bill cleared one hurdle; on about the important programs and much-needed opportunity to avoid fur- now I call on my colleagues in the priorities in this bill. They are essen- ther cuts to the Active-Duty Army’s House to get this done. tial to providing what we owe to our troop strength. Since 2013, the U.S. I am also fighting to end the VA’s servicemembers and our veterans: safe Army alone has decreased troop outdated ban on fertility services for and reliable infrastructure so that our strength 21 percent. That is both dan- veterans so they can start families. troops can complete the missions they gerous and unacceptable. There is absolutely no reason to deny are assigned, access to medical care, I have fought against dangerously this service for members of our mili- earned compensation and benefits, and steep drawdowns and was proud to tary, especially when they are injured assistance to help our veterans success- fight this issue on the Senate floor last while fighting for our country. And I fully transition to their civilian lives. year. The United States cannot afford believe we must extend the critically Tomorrow, on Veterans Day, our Na- continued troop cuts at a time when important military caregiver support tion will pause to honor all those who military leaders say that we are facing services program to veterans of all served. Today, we have the opportunity an unprecedented number of threats. eras—a program that enables injured to say to the American people, to our I urge my colleagues to support our veterans to recover and stay in their veterans, and to those who are consid- military and to support this bipartisan homes with their families instead of ∑ ering military service to our Nation bill. being in a hospital or a nursing home. that no matter what partisan issues The PRESIDING OFFICER. The Sen- Madam President, these aren’t the may divide us, we stand united in ful- ator from Washington. only things I am working on. Because filling our commitment to those who Mrs. MURRAY. Madam President, I our veterans kept their end of the bar- serve and those who have served. ask unanimous consent to speak as in gain, we have to keep ours. That means We can send that message by passing morning business for 5 minutes. they should have access to mental this measure and sending to the Presi- The PRESIDING OFFICER. Without health care to help deal with the often dent a funding bill that takes care of objection, it is so ordered. invisible wounds of war. That means a our servicemembers, our veterans and VETERANS DAY solid path to a college degree. That their families, and that honors their Mrs. MURRAY. Madam President, means job training programs and tran- service to our great country. this Veterans Day we pause to honor sitional services so that veterans have Madam President, I yield the floor. the men and women in our military a path to good careers after their mili- (At the request of Mr. MCCONNELL, who stepped up to fight for our freedom tary service is complete. These things the following statement was ordered to and to protect our families. In my aren’t about going above and beyond; be printed in the RECORD.) home State of Washington, we have a they are the bare minimum of what our ∑ Mr. VITTER. Madam President, I lot to be thankful for. More than country should be doing to fulfill its wish to support the Military Construc- 600,000 of our friends, our neighbors, promise to care for our veterans.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.013 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7875 So as our country recommits to that build. They were 13 years into con- older, not only do they need services promise this Veterans Day, I want to struction and not even half finished. like never before, but we have been at let veterans know in my home State of This committee said that will not war for 15 years in the Middle East, and Washington and across the country stand. We passed legislation to com- we have folks coming back with com- that I will not stop fighting for them. plete the funding by taking the money plex injuries. We have men and women I again want to express my heartfelt out of VA without additional appro- who need help when they get back. thanks to all the veterans around the priations from the Congress, and more Some of these veterans would not have country who have served and for all importantly we got the VA out of the survived if they had been in any other who are still serving today. construction business. We said: You war but this one. So the pressure on I call on all of my colleagues and fel- guys are supposed to take care of the the VA is incredibly important, and if low citizens to honor our veterans health of our veterans, not—— we are going to fix the access problem, every day of the year with the kind of The PRESIDING OFFICER. The ma- if we are going to serve our veterans in action that shows them we are grateful jority time has expired, Senator. the way they need to be served, we for their service. Mr. ISAKSON. I ask unanimous con- need to pass this bill. Madam President, I yield the floor. sent to have 3 additional minutes. Let me finish with a quick story. Not The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there long ago a guy by the name of Henry— ator from Georgia. objection? a Vietnam vet from Helena, MT— Mr. ISAKSON. Madam President, I Mr. TESTER. I just need about 1 walked into my office. Henry fought in want to thank Senator KIRK and Sen- minute, JOHNNY—sorry, the Senator Vietnam. He was awarded four Purple ator TESTER for their outstanding work from Georgia. You can have every- Hearts for his combat and for his sac- on this appropriations bill; Senator thing, but just give me 1 minute. rifice. Henry walked into my office, sat MURRAY for her cooperation and help Mr. ISAKSON. How much time re- down across from my staff member, on caregivers and so many programs in mains? and said: I can’t live any more. Henry the committee; and Senator COLLINS The PRESIDING OFFICER. Approxi- was in trouble. He had behavioral and her work on MILCON. I want to en- mately 21⁄2 minutes, Senator. health problems that he needed profes- courage all my fellow Members of the Mr. ISAKSON. Well, let me just give sional help to get fixed. We were able Senate to vote favorably on this legis- you the closing, and I will leave all the to get him to the VA. The VA had a be- lation when it comes before us later juicy parts for later on. We will talk havioral health professional who was today. about those in the press release. able to help Henry, and Henry is living I want everyone to stop, take a deep The story that should be read about a good life today. breath, and think about three things: this appropriations bill is we are not Our veterans deserve no less than to No. 1, today is the 240th anniversary of letting our veterans down. We are up- make sure they get the help they need the United States Marine Corps—the lifting our veterans, and we are seeing when they need it, and that is what strongest veterans we have, veterans to it they get what they deserve. We this bill is about. So we will be voting who fought and died for us around the are seeing to it that the problems we on a managers’ package soon, and then world for 21⁄2 centuries. Tomorrow, at have seen illustrated in the papers of we will be voting on passing this bill the eleventh hour, on the eleventh day the United States of America are being and getting it to the President’s desk. of the eleventh month, we celebrate fixed. Hopefully, we can do it with a strong, the armistice of World War I and Vet- The VA is a work in progress. There healthy vote—a unanimous vote, as a erans Day in America. And today on will still be problems but not because matter of fact—because this is an im- the floor of the Senate, we are fixing of attitude or lack of funding and not portant bill not only for military con- some problems that have confronted because of a lack of commitment by struction but also for veterans. our veterans for the better part of the this Congress. We are going to do what I yield the floor. last 10 years. As the Members of the our veterans did for us. We are going to I suggest the absence of a quorum. committee who are on the floor know, stand ground, we are going to take the The PRESIDING OFFICER. The the VA literally almost collapsed 2 hill, we are going to hold the hill, and clerk will call the roll. years ago. Health services in Phoenix, we are going to see to it that those who The legislative clerk proceeded to AZ, were a disaster. People were cheat- fought and died for the United States call the roll. ing on appointments and shortening of America are rewarded, not only for Mr. MCCAIN. Madam President, I ask veteran times to make themselves look themselves and for their health care unanimous consent that the order for better. The VA had a reputation of but for their retirement benefits and the quorum call be rescinded. being the worst agency in the Federal for their loved ones as well. The PRESIDING OFFICER. Without government. I commend Senator TESTER on what objection, it is so ordered. Now, I don’t take credit for it as he has done, Senator KIRK for what he chairman, but I will tell you what your has done, and all the members of the f committee members have done—mem- committee. RELATING TO PROVISIONS OF THE bers like Senator TESTER and Senator I yield back the remainder of the BORDER PATROL AGENT PAY MURRAY. Instead of complaining about time to the distinguished Senator from REFORM ACT OF 2014 people, instead of putting targets on Montana, who can call me JOHNNY any The PRESIDING OFFICER. Under the wall and saying they are the prob- time he wants to. the previous order, the Chair lays be- lem, we decided to be part of the solu- The PRESIDING OFFICER. The Sen- fore the Senate the House message to tion. I want to recite for just a second ator from Montana. accompany S. 1356, which the clerk will what has happened in the last 10 Mr. TESTER. Madam President, I report. months. thank the Senator from Georgia. I ap- The senior assistant legislative clerk No. 1, we passed the Clay Hunt Sui- preciate his comments and very much read as follows: cide Prevention for American Veterans thank him for the compliments. This Act, and this bill funds it. It will help MILCON–VA appropriations bill is a Resolved, That the bill from the Senate (S. critically important bill. Why? Because 1356) entitled ‘‘An Act to clarify that certain to reduce the number of suicides. provisions of the Border Patrol Agent Pay Today, 22 veterans per day commit sui- we are demanding a lot from the VA. In Reform Act of 2014 will not take effect until cide, and we want that reduced to a order to demand a lot, we need to give after the Director of the Office of Personnel perfect score of zero at some point in them the tools and resources they need Management promulgates and makes effec- time. But you do that only by invest- to be successful. It would be totally un- tive regulations relating to such provisions,’’ ing funds, hiring psychiatrists, and fair to put them on the line without do pass with an amendment. making a commitment. This Senate the resources they need to take care of UNANIMOUS CONSENT AGREEMENT—H. CON. RES. and the House have done so. our veterans. 90 We had an overrun of $1.428 billion— That is important because today we Mr. MCCAIN. Madam President, I ask more than I can count to—in the Den- have unprecedented demand. Not only unanimous consent that when the Sen- ver hospital the VA was trying to are our Vietnam veterans getting ate proceeds to the consideration of H.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.014 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7876 CONGRESSIONAL RECORD — SENATE November 10, 2015 Con. Res. 90, as under the previous tem in a generation. The NDAA mod- that this is the most significant reform order, it be in order for me to offer an ernizes a 70-year-old military retire- legislation that has been passed in 30 amendment to the resolution; further, ment system and extends benefits to years, but I would also tell my col- that the amendment be agreed to and hundreds of thousands of servicemem- leagues that this is just the beginning. all other provisions under the previous bers previously excluded under the old This is the beginning of a bipartisan ef- order remain in effect. system. The legislation also makes sig- fort to reform the Pentagon, to reform The PRESIDING OFFICER (Mrs. nificant reforms to Pentagon head- the way we do business, to reform our FISCHER). Is there objection? quarters and management to ensure priorities, and to reform the way the Without objection, it is so ordered. that precious defense resources are fo- Pentagon was structured and our de- MOTION TO CONCUR cused on our warfighters rather than fense was structured. The last time it Mr. MCCAIN. Madam President, I bloated staffs. The bill identifies $11 was reformed was 30 years ago under move to concur in the House amend- billion in excessive and unnecessary legislation called Goldwater-Nichols. ment to S. 1356. spending from that request and rein- Obviously, in the last 30 years that The PRESIDING OFFICER. Under vests those savings in critical national world situation has changed dramati- the previous order, there will be 20 security priorities, including more cally—dramatically. minutes equally divided prior to a vote fighter aircraft, accelerated ship- On a bipartisan basis, working across on the motion to concur in the House building, strengthening our cyber de- the aisle and across the Capitol, I can amendment to S. 1356. fenses, and $300 million in vital assist- assure my colleagues that next year at The Senator from Arizona. ance to Ukraine to resist Russian ag- about this time, they will be seeing Mr. MCCAIN. Madam President, gression. legislation that will try to address the today the Senate will once again con- We did all of this while upholding our challenges we are now facing in the sider the National Defense Authoriza- commitments to our servicemembers, world—in a more chaotic world than tion Act. This legislation passed the retirees, and their families. The NDAA we have seen since the end of World House last week in an overwhelmingly reauthorizes over 30 special pays and War II. That is not just JOHN MCCAIN’s bipartisan vote of 370 to 58. I hope we bonuses, makes military health care opinion; that is the opinion of every will have a similarly resounding vote more portable, increases access to ur- knowledgeable, respected national se- here today. gent care facilities, strengthens sexual curity expert, ranging from Henry Kis- Today’s vote would not be possible assault prevention and response, and singer, to Madeleine Albright, to without the hard work of Chairman knocks down bureaucratic obstacles to Zbigniew Brzezinski, to Brent Scow- MAC THORNBERRY, chairman of the ensure servicemembers maintain ac- croft and others. We have to have a re- House Armed Services Committee. It cess to the medicines they need as they formed Pentagon to meet the chal- has been a privilege to work alongside transition from Active Duty. lenges. One great example of that is him and the gentleman from Wash- Finally, the legislation before us rec- cyber security. Thirty years ago there ington, Congressman SMITH, to produce ognizes that a strong national defense were no cyber attacks on the United a defense authorization bill worthy of requires supporting our friends and al- States of America. Today it is one of the troops it supports. lies and responding to common threats. the looming challenges we face. I thank my friend and colleague from With Vladimir Putin on the march, the I intend to carry on in the long tradi- Rhode Island, Senator REED, for his NDAA includes $300 million to help tion of this committee in which the dedicated work on this legislation and Ukraine resist Russian aggression, in- Senator from Rhode Island and I have his many substantive contributions cluding $50 million for lethal assist- worked in partnership in addressing that made this a better bill. ance and counter-artillery radars. As these new challenges and these grave I thank the majority leader, Senator China continues its aggressive behavior challenges to America’s security. MCCONNELL, for bringing this legisla- in the South China Sea, the NDAA will I am proud of this legislation. Could tion to the floor today and for his com- provide $50 million to assist and train we have done more? Yes. Were there mitment throughout this process to en- our allies in the region to increase different areas to which perhaps we suring we give our military the cer- maritime security and the maritime should have paid more attention? Per- tainty they need to plan and execute domain awareness. As the Taliban haps. But I would argue that this is the their missions. mounts an offensive across Afghani- most significant reform legislation in For 53 consecutive years, Congress stan, the NDAA authorizes $3.8 billion the last 30 years. has passed the National Defense Au- for the Afghanistan Security Forces I thank my friend and colleague from thorization Act. That is a testament to Fund to preserve the gains of the past Rhode Island. the vital importance of this legisla- decade and continue to degrade and de- I yield the floor. tion, which provides the authorities feat terrorists who want to attack the The PRESIDING OFFICER. The Sen- and support necessary for our military United States and our allies. ator from Rhode Island. to defend the Nation. But perhaps at no This is an ambitious piece of legisla- Mr. REED. Madam President, I rise time in the last half century has this tion, but in the times we live, we can- to speak in support of the revised Na- legislation been so critical. Our Nation not afford business as usual in the De- tional Defense Authorization Act con- confronts the most diverse and com- partment of Defense. To prepare our ference report we have before us today. plex array of crises since the end of military to confront our present and It is the result of months of collabo- World War II—the rampage of ISIL’s future national security challenges, we rative work by the Senate Armed Serv- terrorist army, Iran’s malign activities must champion the cause of defense re- ices Committee and a very thoughtful across the Middle East, Russia’s inva- form, rigorously root out Pentagon conference. I would like to join Chair- sion of Ukraine and bloody interven- waste, and invest in modernization and man MCCAIN and commend Chairman tion in Syria, China’s continued pat- next-generation technologies to main- MAC THORNBERRY of Texas and Rank- tern of assertive behavior toward its tain our military technological advan- ing Member ADAM SMITH of Wash- neighbors in the Asia-Pacific, and the tage. That is what this legislation is ington. The collaboration, the thought- list goes on, including what appears to all about. fulness, and the consideration were ex- be the recent bombing of an airliner Additionally, I would point out that traordinary and outstanding through- over Egypt which apparently caused as our citizenry and our voters are out the conference process. the loss of 244 lives, apparently an act deeply frustrated and angry about our I have to say that from my point of of terror of monumental consequences. failure to get anything done here in the view, the reason we are here today Rising to the challenges of an in- Congress of the United States, I would most fundamentally is the leadership creasingly dangerous world requires at least make the comment that our of Chairman MCCAIN on the committee. bold reforms to national defense, and highest priority and responsibility is It was thoughtful, it was bipartisan, that is what this legislation delivers. defending the Nation. I believe this leg- and it encouraged participation by all The legislation is a reform bill. This islation is an example of working not the members of the committee. There legislation delivers the most sweeping only on both sides of the aisle but on was vigorous debate and then there reforms to our defense acquisition sys- both sides of the Capitol. I would argue were votes, and that is the way this

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.016 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7877 committee and this Congress should MCCAIN and others so that for the 54th thing to do, and I am deeply dis- operate. straight year we will have a National appointed that these restrictions have Ultimately, too, I think it reflected Defense Authorization Act that will be- been included. That is why I was proud what the Chairman has always brought come the law of the United States. to cosponsor an amendment filed by to his duties as a Member of the U.S. Madam President, I yield the floor. Senator FEINSTEIN to strip these trou- Senate and before that the U.S. House Mr. LEAHY. Mr. President, earlier bling provisions from the bill. of Representatives and before that the this year, I voted in opposition to the The bill does include an extremely U.S. Navy—understanding that what fiscal year 2016 National Defense Au- significant provision: the McCain-Fein- we do here ultimately reflects and in- thorization Act, NDAA. Since the Sen- stein antitorture amendment. Last fluences and shapes the service and ate last voted on the fiscal year 2016 year, Senator FEINSTEIN and the Sen- sacrifice of millions of young Ameri- NDAA, Congress has passed and the ate Intelligence Committee did this cans in uniform. The Chairman never President has signed the new Bipar- country a great service in exposing the forgets that. He has laid out some of tisan Budget Act, which raised the dis- CIA’s horrific practices under the Bush the extraordinary reforms that have cretionary caps on spending across the administration. The McCain-Feinstein been included in this legislation, and government, averted a default, and pro- amendment is a major step toward fi- he has also indicated that we will con- vided a path forward on appropriations. nally bringing to a close that dark, tinue to work next year under his lead- The Bipartisan Budget Act also en- shameful chapter in our Nation’s his- ership on additional reforms. These re- abled authors of the NDAA to fix a tory. This provision finally codifies in forms in compensation, personnel poli- gimmick that called for spending from statute the interrogation standards in cies, and a host of others, are going to overseas contingency operations, OCO, the Army Field Manual—not just for set us and our Department of Defense funding to meet requirements that military personnel, but for intelligence on a better path forward. Again, much should have been supported by the De- agents as well. It will clearly define ac- of it is because of his leadership and his partment’s base budget. I remain con- ceptable interrogation practices and direction. cerned, however, that, in order to meet will hopefully ensure that America Previously, the National Defense Au- the new caps, budgetary authority had never engages in torture again. thorization bill came before the Senate to be cut from this bill. Specifically, I Providing certainty for the Depart- and there was one area of major dis- do not believe that readiness funds for ment’s men and women and their fami- agreement; that was the use of the the Army, the Army National Guard, lies, as well as for military planners, is overseas contingency operations fund. I and the Army Reserves should be very important, and in significant must again thank the Chairman be- slashed at the same time that many in ways, this bill accomplishes that. cause he allowed a vigorous debate, a this body are demanding more soldiers While this bill has shortcomings I hope vote on the floor, and ultimately and be sent to places like Eastern Europe. we can address in the near future, I very satisfactorily this has been re- This authorization bill will spend hun- have given my support to its adoption solved in the recent budget agreement. dreds of millions of dollars on So now we have legislation before us and will only add that, in advance of unneeded and ineffective missile de- Veterans Day and every day the men that raises the annual budget cap of fense programs, for example, while cut- the Department of Defense and other and women who serve and protect us ting the training and preparation funds agencies, and it allows our defense to deserve nothing less than the thanks of for the men and women we send over- be more forward-looking and more able a grateful nation. seas. The bill also makes significant Mr. DURBIN. Madam President, I to rationally budget going forward. I changes to the defense acquisition sys- think this has given us both the budget wish to express reluctant support for tem and, inexplicably, cuts key provi- authority and the proper direction so the fiscal year 2016 National Defense sions to support the National Guard that we can have a much more stable Authorization Act. that enjoyed support in both the Sen- Many parts of the agreement rep- and much more predictable future. ate and the House. resent bipartisan consensus between Again, I think it will be a wonderful But perhaps most importantly, I am Chairman MCCAIN, Chairman THORN- facilitator as we consider additional re- concerned that, in this new version of forms next year in the Defense Author- BERRY, Ranking Member REED, and the bill, Congress failed to reconsider ization bill. Ranking Member ADAM SMITH. We all The budget agreement also recog- the ill-advised restrictions on detainee appreciate their hard work on those nizes the fact that one of the chal- transfers from Guantanamo Bay that matters for our troops and their fami- lenges is not only those programs that are contained in this NDAA—restric- lies. are controlled by the Department of tions that President Obama cited as It provides well-deserved pay in- Defense but also other agencies that one reason for his veto of the original creases to our uniformed and defense are involved in national security. Re- version of the bill last month. I op- civilian workforce. It modernizes the lief for those agencies is also impor- posed passage of that conference report personnel benefit system to include a tant in carrying out the mission of the in part because it contained a needless government matched savings plan. It Department of Defense and protecting prohibition on transferring detainees authorizes $300 million in assistance to the American people. to the United States for detention or Ukraine, of which $50 million may be With this new NDAA, I think we have trial, and it imposed unnecessary re- lethal assistance. It codifies the Presi- been able to keep our pledge to the strictions on transferring detainees to dent’s Executive order against torture men and women in uniform of the foreign countries. and ensures that interrogations follow United States. Rather than working to address these the Army Field Manual. I wish to Let me finally conclude where I misguided provisions, Republicans in thank Senator MCCAIN and Senator began. I thank Chairman MCCAIN, Congress have evidently decided to FEINSTEIN in particular for their lead- Chairman THORNBERRY, and Ranking stand in the way of finally bringing ership on this issue. Member SMITH, but more particularly this terrible chapter to a close. They In addition, it extends the Afghan the staff. We who have the privilege of are making a grave mistake. For over Special Immigrant Visa program so serving on the Armed Services Com- a decade, the detention facility at that we may continue to keep faith mittee understand the extraordinary Guantanamo has been a stain on our with foreign translators who risked hours, the effort, the insight, and the national reputation and served as a re- their lives working with our troops. It total commitment of not only the com- cruitment tool for terrorists. Guanta- authorizes a number of military con- mittee staff members but the staffs of namo is also a tremendous waste of struction projects around the world, in- the individual members. Their efforts taxpayer dollars, costing approxi- cluding $29 million in family housing are reflected in this bill. It will not mately $3.4 million per year to main- units at Rock Island Arsenal, IL. It re- bear their names but, more impor- tain a single detainee—an astonishing authorizes the DOD–VA pilot program tantly, it will bear their work. For amount of money that could be at North Chicago, the Lovell Federal that I thank them very, very much. repurposed to keep our men and women Health Care Center. Let me urge all of my colleagues to in uniform safe. Closing Guantanamo is For these and many other reasons, I support this bill, to join Senator the morally and fiscally responsible voted for the agreement, but it is a

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.018 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7878 CONGRESSIONAL RECORD — SENATE November 10, 2015 compromise, and I must express my op- UNANIMOUS CONSENT AGREEMENT—H.R. 2029 NAYS—3 position to a few of its provisions. Mr. KIRK. Madam President, the Merkley Sanders Wyden One of those points of disagreement ranking member and I have a package NOT VOTING—6 is that the bill prevents the closure of of amendments that have been cleared Cruz Heller Rubio the U.S. military base at Guantanamo by both sides. I ask unanimous consent Graham Paul Vitter Bay, Cuba. The reality is that, every that when the Senate resumes consid- The motion was agreed to. day that it remains open, Guantanamo eration of H.R. 2029, the following prison weakens our alliances, inspires amendments be called up, reported by f our enemies, and calls into question number, and the Senate vote on the MAKING A TECHNICAL CORREC- our commitment to human rights. amendments en bloc: Moran, No. 2774; Time and again, our most senior na- TION IN THE ENROLLMENT OF S. Murkowski, No. 2775; Murkowski, No. 1356 tional security and military leaders 2776; Blumenthal, No. 2779; Blumenthal, have called for the closure of Guanta- No. 2781, Toomey, No. 2785; Sullivan, The PRESIDING OFFICER. Under namo. In addition to the national secu- No. 2786; Sullivan, No. 2787; Collins, No. the previous order, the Senate will pro- rity cost, every day that Guantanamo 2788; Cornyn, No. 2789; Bennet, No. 2795; ceed to the consideration of H. Con. remains open, we are wasting taxpayer Durbin, No. 2794; and Boxer, No. 2798. Res. 90, which the clerk will report. dollars. We are spending $3.3 million The PRESIDING OFFICER. Is there The bill clerk read as follows: per year for each detainee held at objection? A concurrent resolution (H. Con. Res. 90) Guantanamo Bay—compare that with Without objection, it is so ordered. directing the Secretary of the Senate to the estimated $78,000 that it costs to make a technical correction in the enroll- hold a detainee in a Federal super max- The PRESIDING OFFICER. Under ment of S. 1356. the previous order, the question occurs imum security prison. The PRESIDING OFFICER. The Sen- on agreeing to the motion to concur in Yet the conference agreement makes ator from Arizona. it even harder to transfer detainees to the House amendment to S. 1356. AMENDMENT NO. 2796 foreign countries, prohibits transfers Mr. DAINES. Madam President, I ask (Purpose: To modify the resolution) to the U.S., and prohibits construction for the yeas and nays. or modification of facilities in the U.S. The PRESIDING OFFICER. Is there a Mr. MCCAIN. Mr. President, I call up All of us are committed to pre- sufficient second? my amendment No. 2796. venting terrorist attacks. Terrorists There appears to be a sufficient sec- The PRESIDING OFFICER. The deserve swift and sure justice and se- ond. clerk will report. vere prison sentences. The clerk will call the roll. The bill clerk read as follows: But holding detainees at Guanta- The legislative clerk called the roll. The Senator from Arizona [Mr. MCCAIN] proposes an amendment numbered 2796. namo does not administer justice effec- Mr. CORNYN. The following Senators tively. It does not serve our national are necessarily absent: the Senator Mr. MCCAIN. Mr. President, I ask security interests, and it is incon- from Texas (Mr. CRUZ), the Senator unanimous consent that the reading of sistent with the country’s history as a from South Carolina (Mr. GRAHAM), the the amendment be dispensed with. champion of human rights. Senator from Nevada (Mr. HELLER), the The PRESIDING OFFICER. Without In order to conform to the budget Senator from Kentucky (Mr. PAUL), the objection, it is so ordered. agreement, the bill also includes $1.7 Senator from Florida (Mr. RUBIO), and (The amendment is printed in today’s billion in reductions to headquarters the Senator from Louisiana (Mr. VIT- RECORD under ‘‘Text of Amendments.’’) management personnel. Everyone in TER). The PRESIDING OFFICER. Under the Senate wants to cut the fat from Further, if present and voting, the the previous order, amendment No. the Pentagon, but we must make sure Senator from Nevada (Mr. HELLER) 2796, offered by the Senator from Ari- that these cuts are targeted toward in- would have voted ‘‘yea’’ and the Sen- zona, Mr. MCCAIN, is agreed to. efficiency and waste, as opposed to ator from Louisiana (Mr. VITTER) Under the previous order, the concur- recklessly eliminating our valued DOD would have voted ‘‘yea.’’ rent resolution, H. Con. Res. 90, as civilian workforce. amended, is agreed to. The PRESIDING OFFICER (Mr. SUL- The women and men who serve our Under the previous order, the motion Nation’s defense outside of a uniform LIVAN). Are there any other Senators in the Chamber desiring to vote? to reconsider is considered made and are our teammates in making our laid upon the table. The result was announced—yeas 91, country secure. They process military Mr. MCCAIN. Mr. President, I suggest nays 3, as follows: pay; investigate fraud, waste, and the absence of a quorum. abuse; oversee expensive weapons pro- [Rollcall Vote No. 301 Leg.] The PRESIDING OFFICER. The grams; and many more important func- YEAS—91 clerk will call the roll. tions. I am proud of each DOD civilian, Alexander Feinstein Murphy The bill clerk proceeded to call the especially those who work in Illinois, Ayotte Fischer Murray roll. and I will work to make sure that the Baldwin Flake Nelson Barrasso Franken Mr. MCCONNELL. Mr. President, I Congress supports their contributions Perdue Bennet Gardner Peters ask unanimous consent that the order to our country. Blumenthal Gillibrand Portman for the quorum call be rescinded. This is a very good agreement, these Blunt Grassley Reed The PRESIDING OFFICER. Without reservations notwithstanding. It is full Booker Hatch Reid Boozman Heinrich objection, it is so ordered. Risch of provisions which help our troops, re- Boxer Heitkamp Roberts forms the way the Pentagon does busi- Brown Hirono f Rounds ness, and provides for our military Burr Hoeven Cantwell Inhofe Sasse MILITARY CONSTRUCTION AND families. I thank Senator MCCAIN and Capito Isakson Schatz VETERANS AFFAIRS AND RE- Senator REED for their hard work and Cardin Johnson Schumer LATED AGENCIES APPROPRIA- commend the bill’s passage for the 54th Carper Kaine Scott TIONS ACT, 2016—Continued year in a row. Casey King Sessions Cassidy Kirk Shaheen Mr. MCCAIN. Madam President, I Mr. MCCONNELL. Mr. President, Coats Klobuchar Shelby what is the pending business? suggest the absence of a quorum. Cochran Lankford Stabenow The PRESIDING OFFICER. The Collins Leahy Sullivan The PRESIDING OFFICER. H.R. 2029. clerk will call the roll. Coons Lee Tester AMENDMENTS NOS. 2774, 2775, 2776, 2779, 2781, 2785, The legislative clerk proceeded to Corker Manchin Thune 2786, 2787, 2788, 2789, 2795, 2794, AND 2798 TO Cornyn Markey Tillis AMENDMENT NO. 2763 call the roll. Cotton McCain Toomey The PRESIDING OFFICER. Under Mr. KIRK. Madam President, I ask Crapo McCaskill Udall Daines unanimous consent that the order for McConnell Warner the previous order, the clerk will re- Donnelly Menendez Warren port the following amendments by the quorum call be rescinded. Durbin Mikulski Whitehouse The PRESIDING OFFICER. Without Enzi Moran number. objection, it is so ordered. Ernst Murkowski Wicker The bill clerk read as follows:

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The Senator from Illinois [Mr. KIRK], for primary and specialty care at medical cen- strategies to be employed by the Department others, proposes amendments numbered 2774, ters of the Department and from non-Depart- to address gaps in the provision of health 2785, 2786, 2787, 2788, and 2789 to amendment ment health care providers under such sec- care to veterans and the supply and demand No. 2763. tion 101; (D) an assessment of the status of of health care providers for veterans, includ- The Senator from Kentucky [Mr. MCCON- any pilot programs created by the Depart- ing the roles of tribal health providers and NELL], for Ms. MURKOWSKI, proposes amend- ment to provide care under such section 101; community providers in addressing those ments numbered 2775 and 2776 to amendment (E) an identification of the number of health gaps. No. 2763. care providers providing health care under AMENDMENT NO. 2779 The Senator from Montana [Mr. TESTER], such section 101 to veterans in rural areas, (Purpose: To require that amounts appro- for others, proposes amendments numbered broken out by primary care providers, spe- priated to the Department of Veterans Af- 2779, 2781, 2795, 2794, and 2798 to amendment cialty and subspecialty providers, and behav- fairs for medical and prosthetic research No. 2763. ioral health providers in each Veterans Inte- are used to ensure the provision of gender The amendments are as follows: grated Service Network. (8) Recommendations for such improve- appropriate prosthetics and to conduct re- AMENDMENT NO. 2774 ments to the provision of health care under search related to toxic exposure) (Purpose: To prohibit the use of funds to pay such section 101 as the Comptroller General On page 31, line 23, strike the period and for the transfers or relocations of senior considers appropriate. insert ‘‘: Provided, That such sums are allo- executives of the Department of Veterans (c) In this section, the term ‘‘congressional cated to ensure the provision of gender ap- Affairs) veterans committees’’ means the Veterans propriate prosthetics and to conduct re- At the end of title II, add the following: Affairs Committees of the United States search related to toxic exposure.’’ SEC. lll. None of the amounts appro- Senate and the House of Representatives and AMENDMENT NO. 2781 priated or otherwise made available by title the Subcommittee on Military Construction, (Purpose: To require that amounts appro- II may be used to carry out the Home Mar- Veterans Affairs and Related Agencies of the priated to the Department of Veterans Af- keting Incentive Program of the Department Committees on Appropriations of the United fairs for medical supplies and equipment of Veterans Affairs or to carry out the Ap- States Senate and the House of Representa- are used to procure gender appropriate praisal Value Offer Program of the Depart- tives. prosthetics) ment with respect to an employee of the De- AMENDMENT NO. 2776 On page 30, line 6, strike the period and in- partment in a senior executive position (as (Purpose: To require the Secretary of Vet- sert ‘‘: Provided further, That the Secretary defined in section 713(g) of title 38, United erans Affairs to submit to Congress a re- of Veterans Affairs shall ensure that States Code). port on the provision of health care to vet- amounts appropriated to the Department of AMENDMENT NO. 2775 erans in Alaska through the use of non-De- Veterans Affairs for medical supplies and partment of Veterans Affairs health care (Purpose: To require the Comptroller Gen- equipment are allocated to ensure the provi- providers) eral of the United States to submit to Con- sion of gender appropriate prosthetics.’’ gress a report evaluating the implementa- At the appropriate place, insert the fol- tion by the Department of Veterans Affairs lowing: AMENDMENT NO. 2785 of section 101 of the Veterans Access, SEC. lll. Not later than February 1, 2016, (Purpose: To prohibit the use of funds to Choice, and Accountability Act of 2014) the Secretary of Veterans Affairs shall sub- carry out Fast Letter 13-10 or create or At the appropriate place, insert the fol- mit to the Committee on Veterans’ Affairs of maintain certain patient record-keeping lowing: the Senate and the Committee on Veterans’ systems) SEC. ll. (a) Not later than one year after Affairs of the House of Representatives a re- At the end of title II, add the following: the date of the enactment of this Act, the port that supplements the report required SEC. 247. None of the amounts appropriated Comptroller General of the United States under section 4002(c) of the Surface Trans- or otherwise made available by this title shall submit to the congressional veterans portation and Veterans Health Care Choice may be used— committees a report evaluating the imple- Improvement Act of 2015 (Public Law 114–41) (1) to carry out the memorandum of the mentation by the Department of Veterans and that contains the following: Veterans Benefits Administration known as Affairs of section 101 of the Veterans Access, (1) A description of the changes in access, ‘‘Fast Letter 13-10’’, issued on May 20, 2013; Choice, and Accountability Act of 2014 (Pub- if any, of veterans in Alaska to purchased or lic Law 113–146; 38 U.S.C. 1701 note). care from the Department of Veterans Af- (2) to create or maintain any patient (b) The report required by subsection (a) fairs that have resulted from implementa- record-keeping system other than those cur- shall include, with respect to the implemen- tion of section 101 of the Veterans Access, rently approved by the Department of Vet- tation of such section 101, an evaluation of Choice, and Accountability Act of 2014 (Pub- erans Affairs Central Office in Washington, the following: lic Law 113–146), including denials of care and District of Columbia. interruptions in the course and continuity of (1) The effect of such implementation on AMENDMENT NO. 2786 the reduction in the use of purchased care by care. (Purpose: To require the Comptroller Gen- the Department, including delays or denials (2) An assessment of the performance of eral of the United States to submit to Con- of care and interruptions in courses and con- the Department in providing health care gress a report on the recruitment and re- tinuity of care. under such section 101 in Alaska, including— (2) The ability of health care providers to (A) the performance of call center service tention of health care providers by the De- meet the demand for primary, specialty, and provided to veterans; partment of Veterans Affairs) behavioral health care under such section 101 (B) the accuracy of call center information At the appropriate place, insert the fol- that cannot reasonably be provided in med- provided to veterans and health care pro- lowing: ical facilities of the Department. viders; SEC. lll. (a) Not later than 180 days (3) The efforts of the Department to recruit (C) whether health care providers are after the date of the enactment of this Act, health care providers to provide health care agreeing to provide health care under such the Comptroller General of the United States under such section 101. section 101 in each of the major communities shall submit to Congress a report on the re- (4) The accuracy of the information pro- in Alaska; cruitment and retention of health care pro- vided to veterans through call centers re- (D) gaps in the availability of health care viders by the Department of Veterans Af- garding the receipt of health care under such providers, disaggregated by primary, spe- fairs. section 101. cialty, subspecialty, and behavioral health (b) The report required by subsection (a) (5) The timeliness of referrals of veterans care; shall include the following: by the Department to health care providers (E) impediments to the provision of health (1) An identification of the ratio of vet- under such section 101. care under such section 101; and erans to health care providers of the Depart- (6) Unique issues and difficulties in the im- (F) plans to mitigate those impediments. ment, disaggregated by State. plementation of section 101 with respect to (3) An assessment of the status of health (2) An analysis of the workload of primary veterans residing in rural areas, the States care provider vacancies at the VA Alaska and specialty care providers of the Depart- of Alaska and Hawaii and states lacking a Healthcare System as of the date of sub- ment, disaggregated by State. full service VA Hospital. mittal of the report under this section, in- (3) An assessment of initiatives carried out (7) With respect to rural areas: (A) an iden- cluding impediments to filling those vacan- by the Veterans Health Administration to tification of the average wait times for vet- cies and plans to mitigate those impedi- recruit and retain health care providers of erans in rural areas to receive health care ments. the Department. under such section 101, measured from when (4) A description of the manner in which (4) An assessment of the extent to which the veteran first calls the Department or the Department plans to serve the primary, the Veterans Health Administration oversees contracted call center to request an appoint- specialty, and behavioral health care needs health care providers of the Department. ment; (B) an assessment of utilization rates of veterans in Alaska if the plan and rec- (5) Such recommendations for improving for health care provided under such section ommendations set forth in the report sub- the recruitment and retention of health care 101 in rural areas (C) an assessment of the mitted under such section 4002(c) are imple- providers of the Department as the Comp- accessibility of veterans in rural areas to mented, including a description of specific troller General considers appropriate.

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AMENDMENT NO. 2787 (5) The plans of the Secretary, including a SEC. 2ll. (a) The amount appropriated or (Purpose: To require the Secretary of Vet- timeline, to discontinue the unnecessary use otherwise made available by this title under erans Affairs to submit to Congress a re- by the Department of social security num- the heading ‘‘MEDICAL AND PROSTHETIC RE- port on the implementation by the Depart- bers. SEARCH’’ under the heading ‘‘VETERANS ment of Veterans Affairs of section 101 of (c) APPROPRIATE COMMITTEES OF CONGRESS HEALTH ADMINISTRATION’’ is hereby increased the Veterans Access, Choice, and Account- DEFINED.—In this section, the term ‘‘appro- by $8,922,462. ability Act of 2014 in rural areas) priate committees of Congress’’ means— (b) The amount appropriated or otherwise (1) the Committee on Veterans’ Affairs and made available by this title for fiscal year At the appropriate place, insert the fol- the Committee on Appropriations of the Sen- 2016 under the heading ‘‘MEDICAL SERVICES’’ lowing: ate; and under the heading ‘‘VETERANS HEALTH AD- SEC. lll. (a) Not later than 180 days (2) the Committee on Veterans’ Affairs and MINISTRATION’’ is hereby reduced by after the date of the enactment of this Act, the Committee on Appropriations of the $8,922,462. the Secretary of Veterans Affairs shall sub- House of Representatives. mit to Congress a report on the implementa- AMENDMENT NO. 2798 tion by the Department of Veterans Affairs AMENDMENT NO. 2789 (Purpose: To make available $5,000,000 for a of section 101 of the Veterans Access, Choice, (Purpose: To require the Secretary of Vet- pilot program on awarding grants to pro- and Accountability Act of 2014 (Public Law erans Affairs to submit to Congress a re- vide furniture, household items, and other 113–146; 38 U.S.C. 1701 note) in rural areas. port on wait times for medical appoint- assistance to formerly homeless veterans (b) The report required by subsection (a) ments at the South Texas Veterans Health moving into permanent housing) shall include the following: Care System of the Department of Vet- At the end of title II, add the following: (1) An identification of average wait times erans Affairs) SEC. 247. Of the amounts appropriated or for veterans in rural areas to receive health At the appropriate place, insert the fol- otherwise made available by this title for care under such section 101, measured from lowing: ‘‘MEDICAL SERVICES’’, not more than $5,000,000 when the veteran first calls the Department SEC. lll. (a) Not later than 30 days after shall be available to the Secretary of Vet- to schedule an appointment. the date of the enactment of this Act, the erans Affairs to carry out a pilot program to (2) An assessment of utilization rates for Secretary of Veterans Affairs shall submit to assess the feasibility and advisability of health care provided under such section 101 the appropriate committees of Congress a re- awarding grants to veterans service agen- in rural areas. port that includes, with respect to the South cies, veterans service organizations, and non- (3) An assessment of the accessibility of Texas Veterans Health Care System of the governmental organizations to provide fur- veterans in rural areas to primary and spe- Department of Veterans Affairs, the fol- niture, household items, and other assist- cialty care at medical centers of the Depart- lowing: ance to formerly homeless veterans who are ment and from non-Department health care (1) A description of the nature and scope of moving into permanent housing to facilitate providers under such section 101. any foreseeable increase in wait times for the settlement of such veterans in such (4) An identification of the number of medical appointments. housing. (2) An assessment of whether a shortage of health care providers providing health care The PRESIDING OFFICER. Under under such section 101 in each Veterans Inte- health care providers is the primary cause of grated Service Network. any such increase in wait times. the previous order, the question is on (5) An assessment of the status of any pilot (3) An identification of any other causes of agreeing to the amendments en bloc. programs created by the Department to pro- any such increase in wait times. The amendments (Nos. 2774, 2775, vide care under such section 101 in rural (4) A description of any action taken by 2776, 2779, 2781, 2785, 2786, 2787, 2788, 2789, areas. the Department to correct any such increase 2795, 2794, and 2798) were agreed to en in wait times. AMENDMENT NO. 2788 bloc. (5) An assessment of any issues relating to Mr. MCCONNELL. Mr. President, I (Purpose: To require a report on the use of access to care. social security numbers by the Department (6) A plan for how the Secretary will rem- ask unanimous consent that the Brown of Veterans Affairs and the plans of the edy any such increase in wait times, includ- amendment No. 2801 be called up and Secretary of Veterans Affairs to dis- ing a detailed description of steps to be agreed to, the Kirk amendment No. continue such use) taken and a timeline for completion. 2764 be withdrawn, and the Senate vote At the end of title II, add the following: (b) In this section, the term ‘‘appropriate on the Kirk amendment No. 2763, as SEC. 247. REPORT ON USE OF SOCIAL SECURITY committees of Congress’’ means— amended; further, that following the NUMBERS BY DEPARTMENT OF VET- (1) the Committee on Appropriations and disposition of the Kirk amendment No. ERANS AFFAIRS. the Committee on Veterans’ Affairs of the 2763, the bill, as amended, be read a (a) REPORT REQUIRED.—Not later than 120 Senate; and days after the date of the enactment of this (2) the Committee on Appropriations and third time and the Senate vote on pas- Act, the Secretary of Veterans Affairs shall the Committee on Veterans’ Affairs of the sage of H.R. 2029, as amended. submit to the appropriate committees of House of Representatives. The PRESIDING OFFICER. Is there Congress a report on the use of social secu- AMENDMENT NO. 2795 objection? rity numbers by the Department of Veterans (Purpose: To require the Secretary of Vet- Without objection, it is so ordered. Affairs and the plans of the Secretary to dis- erans Affairs to conduct a study on the im- AMENDMENT NO. 2801 TO AMENDMENT NO. 2763 continue the unnecessary use. pact of combat service on suicide rates and The PRESIDING OFFICER. The (b) CONTENTS.—The report required by sub- other mental health issues among mem- clerk will report the Brown amend- section (a) shall include the following: bers of the Armed Forces and veterans) (1) A list of documents and records of the ment. Department of Veterans Affairs that contain At the end of title II, add the following: The senior assistant legislative clerk SEC. 2ll. (a) Not later than 30 days after social security numbers. the date of the enactment of this Act, the read as follows: (2) A list of all government and non-gov- Secretary of Veterans Affairs shall, in con- The Senator from Montana [Mr. TESTER], ernment entities and the numbers of their sultation with the Secretary of Defense, for Mr. BROWN, proposes an amendment num- employees that have access to the social se- enter into a contract with an independent bered 2801 to amendment No. 2763. curity numbers of veterans that are stored third party described in subsection (b) to by the Department. The amendment is as follows: carry out a study on the impact of participa- (3) A description of how the Department, (Purpose: To require the Secretary of Vet- tion in combat during service in the Armed other governmental entities, and persons use erans Affairs to develop and publish an ac- Forces on suicides and other mental health social security numbers they obtain from the tion plan for improving the vocational re- issues among members of the Armed Forces Department, including a description of any habilitation services and assistance pro- and veterans. vided by the Department of Veterans Af- information sharing arrangements that the (b) An independent third party described in fairs) Secretary may have with the heads of other this subsection is an independent third party governmental entities. that has appropriate credentials to access in- At the end of title II, add the following: (4) The number of data breaches of Depart- formation in the possession of the Depart- SEC. 247. DEPARTMENT OF VETERANS AFFAIRS ment of Veterans Affairs information sys- ment of Defense and the Department of Vet- ACTION PLAN TO IMPROVE VOCA- tems that involved social security numbers erans Affairs that is necessary to carry out TIONAL REHABILITATION AND EDU- CATION. that occurred during the five-year period the study required under subsection (a). ending on the date of the enactment of this (a) IN GENERAL.—Not later than 270 days Act that the Secretary discovered or that AMENDMENT NO. 2794 after the date of the enactment of this Act, were reported to the Secretary, a description (Purpose: To modify the amounts appro- the Secretary of Veterans Affairs shall de- and status of the investigations conducted priated to the Department of Veterans Af- velop and publish an action plan for improv- by the Secretary regarding such breaches, fairs for medical services and medical and ing the services and assistance provided and a description of the plans of the Sec- prosthetic research) under chapter 31 of title 38, United States retary to remediate such breaches. At the end of title II, add the following: Code.

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The Presiding Officer laid before the Department of Veterans Affairs, including The amendment (No. 2763), as amend- Senate the following message from the steps to reduce counselor caseloads of vet- ed, was agreed to. House of Representatives: erans participating in a rehabilitation pro- The amendment was ordered to be Resolved, That the House insist upon its gram under such chapter, particularly for engrossed, and the bill to be read a amendment to the amendment of the Senate counselors who are assisting veterans with third time. to the text of the bill (H.R. 22) entitled ‘‘An traumatic brain injury and post-traumatic The bill was read the third time. Act to authorize funds for Federal-aid high- stress disorder and counselors with edu- The PRESIDING OFFICER. The bill ways, highway safety programs, and transit cational and vocational counseling work- having been read the third time, the programs, and for other purposes,’’ and ask a loads. question is, Shall the bill pass? conference with the Senate on the dis- (2) A comprehensive analysis of the reasons Mr. CRAPO. I ask for the yeas and agreeing votes of the two Houses thereon. for the disproportionately low percentage of COMPOUND MOTION veterans with service-connected disabilities nays. Mr. MCCONNELL. Mr. President, I who served in the Armed Forces after Sep- The PRESIDING OFFICER. Is there a tember 11, 2001, who opt to participate in a sufficient second? move to disagree to the amendment of rehabilitation program under such chapter There appears to be a sufficient sec- the House, agree to the request from relative to the percentage of such veterans ond. the House for a conference, and author- who use their entitlement to educational as- The clerk will call the roll. ize the Presiding Officer to appoint sistance under chapter 33 of title 38, United The senior assistant legislative clerk conferees. States Code, including an analysis of bar- called the roll. CLOTURE MOTION riers to timely enrollment in rehabilitation Mr. CORNYN. The following Senators Mr. MCCONNELL. Mr. President, I programs under chapter 31 of such title and are necessarily absent: the Senator of any barriers to a veteran enrolling in the send a cloture motion to the desk. from Texas (Mr. CRUZ), the Senator program of that veteran’s choice. The PRESIDING OFFICER. The clo- from Colorado (Mr. GARDNER), the Sen- (3) Recommendations and a proposed im- ture motion having been presented plementation plan for encouraging more vet- ator from South Carolina (Mr. GRA- under rule XXII, the Chair directs the erans with service-connected disabilities who HAM), the Senator from Nevada (Mr. clerk to read the motion. served in the Armed Forces after September HELLER), the Senator from Kentucky The bill clerk read the following: 11, 2001, to participate in rehabilitation pro- (Mr. PAUL), the Senator from Florida CLOTURE MOTION grams under chapter 31 of such title. (Mr. RUBIO), and the Senator from Lou- We, the undersigned Senators, in accord- (4) A national staff training program for isiana (Mr. VITTER). ance with the provisions of rule XXII of the vocational rehabilitation counselors of the Further, if present and voting, the Standing Rules of the Senate, do hereby Department that includes the provision of— Senator from Nevada (Mr. HELLER) move to bring to a close debate on the mo- (A) training to assist counselors in under- would have voted ‘‘yea’’ and the Sen- tion to disagree to the amendment of the standing the very profound disorientation House, agree to the request from the House experienced by veterans with service-con- ator from Louisiana (Mr. VITTER) would have voted ‘‘yea.’’ for a conference, and authorize the Presiding nected disabilities whose lives and life-plans Officer to appoint conferees with respect to have been upended and out of their control The PRESIDING OFFICER. Are there H.R. 22. because of such disabilities; any other Senators in the Chamber de- Mitch McConnell, Mike Rounds, Lamar (B) training to assist counselors in work- siring to vote? Alexander, Johnny Isakson, Deb Fisch- ing in partnership with veterans on indi- The result was announced—yeas 93, er, John Cornyn, Chuck Grassley, Thad vidual rehabilitation plans; and nays 0, as follows: Cochran, Joni Ernst, Cory Gardner, (C) training on post-traumatic stress dis- [Rollcall Vote No. 302 Leg.] John Thune, Daniel Coats, Orrin G. order and other mental health conditions YEAS—93 Hatch, John Barrasso, James M. and on moderate to severe traumatic brain Inhofe, Thom Tillis, Roy Blunt. injury that is designed to improve the abil- Alexander Feinstein Murphy ity of such counselors to assist veterans with Ayotte Fischer Murray Mr. MCCONNELL. Mr. President, I these conditions, including by providing in- Baldwin Flake Nelson ask unanimous consent that the man- Barrasso Franken Perdue datory quorum call be waived. formation on the broad spectrum of such Bennet Gillibrand Peters conditions and the effect of such conditions Blumenthal Grassley Portman The PRESIDING OFFICER. Without on an individual’s abilities and functional Blunt Hatch Reed objection, it is so ordered. limitations. Booker Heinrich Reid Mr. MCCONNELL. Mr. President, I Boozman Heitkamp Risch ask unanimous consent that the time The PRESIDING OFFICER. Under Boxer Hirono Roberts the previous order, amendment No. 2801 Brown Hoeven Rounds between 2:15 p.m. and 2:45 p.m. be is agreed to. Burr Inhofe Sanders equally divided between the two lead- Cantwell Isakson Sasse ers or their designees and that not- AMENDMENT NO. 2764 WITHDRAWN Capito Johnson Schatz withstanding rule XXVIII, at 2:45 p.m. Cardin Kaine Schumer Under the previous order, amend- the Senate vote on the motion to in- ment No. 2764 is withdrawn. Carper King Scott Casey Kirk Sessions voke cloture on the compound motion AMENDMENT NO. 2763, AS AMENDED Cassidy Klobuchar Shaheen to go to conference; further, that if clo- Under the previous order, the ques- Coats Lankford Shelby Cochran Leahy Stabenow ture is invoked, that the Senate agree tion occurs on the substitute amend- Collins Lee Sullivan to the compound motion to go to con- ment, as amended. Coons Manchin Tester ference and that Senator WICKER be The Senator from Montana. Corker Markey Thune recognized to offer a motion to instruct Cornyn McCain Tillis Mr. TESTER. Mr. President, if I may Cotton McCaskill Toomey the conferees; that there be up to 4 have 1 minute, I urge my colleagues to Crapo McConnell Udall minutes of debate equally divided on vote for this Military Construction-VA Daines Menendez Warner the motion and that following the use Donnelly Merkley Warren appropriations bill before us. Durbin Mikulski Whitehouse or yielding back of that time, the Sen- Thank-yous are in order. I thank the Enzi Moran Wicker ate then vote in relation to the Wicker chairman, Senator KIRK, and his staff, Ernst Murkowski Wyden motion; that following the disposition Bob Henke, D’Ann Lettieri, and Pat- NOT VOTING—7 of the Wicker motion, Senator rick Magnuson. I also thank Tina Cruz Heller Vitter BLUMENTHAL be recognized to offer a Evans and Chad Schulken. By the way, Gardner Paul motion to instruct the conferees; that it is Chad’s birthday today, so make Graham Rubio there be up to 4 minutes of debate sure you wish him a happy birthday. I The bill (H.R. 2029), as amended, was equally divided on the motion and that also thank Michael Baine, Tony passed. following the use or yielding back of McClain, and the other staff who The PRESIDING OFFICER. The ma- that time, the Senate then vote in rela- worked on this bill. jority leader. tion to the Blumenthal motion.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.003 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7882 CONGRESSIONAL RECORD — SENATE November 10, 2015 Mr. President, I ask to withhold my ing’’ for highway spending with Fed has no consequence. Well, actually that request until Senator CARPER arrives. capital is not paying for it at all in any $50 or $60 billion would have reduced The PRESIDING OFFICER. The Sen- economically meaningful sense. Rath- the deficit. That is where it would have ator from Delaware. er, this maneuver is a form of budg- gone. Mr. CARPER. Mr. President, I under- etary sleight-of-hand that would count This is not the way to do business. stand that a request is pending, and I funds that are already designated for We had the opportunity to fully fund a would like to reserve my right to ob- the Treasury as ‘‘new’’ revenue. robust transportation plan. Several of ject. Every year this extra money that the us—Senator DURBIN, Senator FEIN- The PRESIDING OFFICER. Is there Federal Reserve has is turned over to STEIN, and I—offered legislation, very an objection to the majority leader’s the Treasury. In fact, it may be as much like Bowles-Simpson, that would request? much as one-half trillion dollars. That actually restore the purchasing power Mr. CARPER. I have a statement I money goes into the earnings that the of the gas and diesel taxes in this coun- would like to make at this point in Federal Reserve makes, and at dif- try. We have not raised them since time. If this is the appropriate time to ferent points during the year, they 1993. do it, then I would like to do it. I would turn money over to the Treasury. Since 1993, the Federal gasoline tax like to speak for 10 minutes. What the House language says here is has been roughly 18 cents. It is now Mr. MCCONNELL. I renew my re- that we are going to reduce that worth less than a dime because of infla- quest. amount of money that would normally tion. The diesel tax, since 1993, is worth The PRESIDING OFFICER. Is there go from the Federal Reserve to the less than 15 cents. Nominally, it is 23 objection? Treasury during some part of this year, cents. Meanwhile, roads, highways, and Mr. CARPER. Reserving the right to and we are simply going to pull that bridges are more expensive. Asphalt is object. money out and use it for transpor- more expensive, as is concrete, steel, Mr. INHOFE. Will the Senator yield? tation. Now, that money was going to and labor. Instead of being able to fund Mr. CARPER. I am happy to yield. go to the Treasury anyway. It was Mr. INHOFE. There is a lot of mum- transportation in a genuine, honest going to go from the Federal Reserve bling going on. I am not sure what we kind of way, we are spending about $50 to Treasury anyway, and now we are finally decided to do. billion a year at the Federal level for Mr. CARPER. Mr. President, I will going to sort of slip in and pull that transportation. It is about one-third of speak for 10 minutes on transportation, money out and say: No, no, we are what is being spent nationally. Out of and then we will have our caucus going to use it for roads, highways, and that $50 billion, we are only raising $35 lunch. bridges. It is a sleight of hand. GAO is billion through our user fees, and we Mr. INHOFE. All right. blowing the whistle on it as well, and I just go out and borrow the money for Mr. President, I ask unanimous con- am delighted Chairman Bernanke is the rest. When we run out of money in sent that at the conclusion of the re- calling it for what it is. the general fund, we go around the marks of the Senator from Delaware, I Look, we had the opportunity to pay world and borrow money from China be recognized for up to 10 minutes. for transportation projects. We had the and other places so that we can build The PRESIDING OFFICER (Mr. opportunity to pay for roads, highways, roads, highways, and bridges. WICKER). Is there objection? and bridges, and to do it the old-fash- When the Chinese are mucking Without objection, it is so ordered. ioned way, and frankly, in a way that around in the South China Sea or the The Senator from Delaware. the chairman of our committee, Sen- Spratly Islands or some of those other Mr. CARPER. Mr. President, some- ator INHOFE, was in favor of. We have a places, we say: You can’t do that. They thing came to my attention today that tradition and history in this country of say: We thought you wanted to borrow I haven’t seen before. Actually, it is a saying that things that are worth hav- our money. If they are manipulating blog which was apparently written by ing are worth paying for, and people their currency or dumping their goods Ben Bernanke, the immediate past and businesses that use roads, high- and products into our markets, we say: Chairman of the Federal Reserve. He ways, and bridges here in the past have You can’t do that. They say: We wrote it for the Brookings Institute, said we ought to pay for the use of thought you wanted to borrow our and he talked about one of the pay-fors them. Now we are looking at a trans- money. for the transportation bill for which we portation bill that says: No, we are We should not be beholden to them or will be sending conferees to discuss going to take money from TSA—TSA to anybody else. We should fully fund later today. fee increases—and instead of using it to transportation projects, and we could As my colleagues may recall, the make our skies and aviation safer, we do that. House passed a 6-year authorization are going to steal 10 years of TSA reve- The legislation that Senators FEIN- bill for transportation—roads, high- nues and put it over here in transpor- STEIN, DURBIN, and I offered would ways, bridges, and transit—with fund- tation. We are going to take money gradually raise the tax on diesel and ing for 3 years. When we sent our legis- that ought to go to fortify our borders gasoline by 4 cents a year for 4 years, lation over to the House, they came up to make us stronger and better and then index it going forward. How with some new pay-fors. Frankly, it is equipped so we can do a better job of much money would that generate? not user fees, it is not even like pen- finding out whether what is in the That would generate about $220 billion sion smoothing, it is not like stealing trucks is really produce or some other over the next 10 years. TSA fees or Custom fees, but some- product, such as narcotics—our border Our roads, highway, and bridges get thing new. They found money—about crossings, where we have literally tens D-plus these days. Why? Because about $40 to $50 billion—in the Federal Re- of millions of dollars’ worth of trade a quarter of our bridges are in bad serve and said: Why don’t we use that going through trade every day—and in- shape and the service of our roads and for transportation spending? stead we are going to take those reve- highways is as well. People say they Interestingly enough, the former nues and put them into transportation. don’t want to pay any more money for Chairman of the Federal Reserve has There is the idea of taking money user fees on gas or diesel. Well, people written about this issue, and it has out of the Strategic Petroleum Re- paid less than $2 a gallon for gasoline been editorialized in today’s Wash- serve, where we pay $80 to $90 to $100 a at about 30,000 gas stations across ington Post, among others. I will read barrel and are now selling it for about America last week. a sentence or two out of Chairman half that and using the proceeds from My friends, as it turns out, if we ac- Bernanke’s comments, if I may, talk- that—buy high, sell low—to pay for tually did raise the price for gas and ing about the new pay-for, where we transportation. diesel by 4 cents a year for 4 years, take money from the Federal Reserve The latest trick from the House is to what would the effect be in 2020—4 and use it for transportation purposes. take the money out of the Federal Re- years from now—for average drivers? Here is what Chairman Bernanke serve when it is already going to go to The out-of-pocket impact would be says: Treasury anyway. Instead, we are about the cost of a cup of coffee a More substantively—and this is what going to take that money away from week. Meanwhile, because our roads, I want to focus on in the post—‘‘pay- the Federal Reserve and pretend like it bridges, and highways are in such lousy

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.030 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7883 shape, we, as constituents—people who that has nothing to do with roads, served that the American people are drive around this country—have an av- highways, and bridges and nothing to not stupid, but the American people erage cost of damage to our vehicles, do with businesses and people that use also want highways. That is one of the tires, steering, and rims of our tires of those transportation modes to pay for big things they want. In fact, we have over $350 a year. That is not my num- them—nothing. And now we are about a document called a Constitution that ber; that is a real number. to name conferees and go to conference says we are supposed to be doing two The other thing that is going on here on that kind of deal? The American things here: defending America, and is that we sit in traffic a lot in our people aren’t stupid. They are not stu- roads and bridges. And I think we both country these days because we are not pid. agree on the significance of that. addressing our bottlenecks and doing Do you know what a bunch of States BURUNDI what we ought to be doing in terms of around the country—like 12 States in I hope I will have time to get into upgrading our roads, highways, and the last 2 years—did when they found something because our State Depart- bridges. out they were running out of money to ment of the United States of America Every year Texas A&M does an anal- build their transportation systems in is getting involved in Burundi, in their ysis. What they do is to look at how their States? They raised their user election. They had a duly-qualified much time we sit in traffic in this fees. They actually raised them. election. The constitutional conven- country. The average driver in this Do you know what happened when tion declared that Nkurunziza, who is country sits in traffic 42 hours a year. they had elections last November? the President, had a legal election, and In cities such as Washington, DC, the Some 95 percent of the Republicans we ought to stay out of their business. numbers are more like 80 hours a year. who voted to raise their user fees were If there is time, I would like to elabo- We are not moving. We are just sitting reelected, and 90 percent of the Demo- rate on that, but I know I am com- there wasting time, wasting fuel, and crats who voted to raise their user fees peting for time. polluting the skies. We don’t have to in those 12 States were reelected. They GITMO do that. Instead of doing something didn’t pay a penalty for it. They were On the President’s Gitmo message, that is intellectually honest, what we rewarded for it. The people who voted we have—I will give a little chronology are doing is really, I think, shameful. I the other way—who voted not to raise on that. On January 22, 2009, Obama think it is shameful. the user fees—didn’t do as well. People signed an Executive order to close Initially, I was just confused by what aren’t stupid. Gitmo within the year. the House wants to do with the Federal We are going to have an opportunity On February 3 of that same year, Reserve by moving $50 to $60 billion here to name conferees and go to con- 2009, I introduced a bill to permanently out of there. Now that I understand ference, and I just want to say that prevent Gitmo detainees from being re- what they are doing, it is even more this man sitting next to me, JIM located anywhere in the United States. shameful. We can do better than this, INHOFE, is a good man. He chairs our At that time they were ready to talk and the American people deserve better Environment and Public Works Com- about relocating them to parts of my than that. mittee. Our committee reported out a State of Oklahoma, in the Fort Sill Our friends at the McKinsey Global very good 6-year authorization bill. He area. Institute spent some time last year is proud of it. Senator BOXER and I In May 2009 I authored bipartisan leg- trying to figure out if we were actually worked on it, and I am very proud of islation with Senator Danny Inouye to investing robustly in our roads, high- what we did. I commend Senator block funding to close Gitmo and to ways, and bridges in this country. They INHOFE for a great bill. That is the au- move the detainees anywhere on U.S. looked at how it would affect our GDP thorization piece. If we could just stop soil. That passed 90 to 6. and if it would have any effect on put- there, we would be fine. Unfortunately, Every year since, Congress has ting people to work. If we are willing the authorization is only half the blocked the attempts by this President to make robust investments for the game. and his administration to close Gitmo next 10 years instead of, frankly, not What was the picture of the guy they or move terrorist detainees into the much at all in terms of investments, had on the floor not long ago? It was a United States. here is what they said: We would grow picture of a cowboy wearing a big hat Every year, Congress has passed laws GDP by about 1.5 percent per year for and lying back sleeping, and the cap- that continue to limit the transfer of the next 10 years. So far this year it tion under the picture says: All hat, no these detainees, including in the con- has been somewhere between 2 and 2.5 cattle. Well, when you have a great au- ference report for the fiscal year 2016 percent. We could increase it by an- thorization bill but no real money to NDAA bill. That is what we are talking other 1.5 percent if we make these pay for it, that is really all hat, no cat- about right now. It prohibits the trans- kinds of honest investments. We are tle. I don’t think there is a better ex- ferring of Gitmo detainees to the not going to come close to making ro- ample of it that I have seen than the United States through December 31, bust investments. legislation that we are going to be con- 2016. That also tightens the restric- The McKinsey Global Institute also ferencing on very soon. tions on the detainees being trans- told us that in terms of new employ- I wish I could sit here and say it is ferred to other countries. ment, if we were actually to invest all going to work out and we will do The fiscal year NDAA also included robustly in roads, highways, and just fine, but that is not the truth. We language preventing closure of Gitmo bridges in this country, we would put have let a great opportunity pass us by. through December 31, 2016. However, 1.8 million people to work building We are about to let a great opportunity this has not prevented President roads, highways, bridges, and transit pass us by. Obama from trying to empty Gitmo systems. But we are not going to do We are worthy of a better oppor- and releasing these terrorist detainees that. tunity than that, and frankly the peo- to any country he can pay to take We are not even close to what the ple of our country deserve a better ef- them back and now threatening an Ex- McKinsey Global Institute was calling fort than that. ecutive order to bring them to the for in robust investments that would With that, I yield the floor to my United States—to the States of Colo- actually grow our GDP by 1.5 percent friend from Oklahoma. rado, South Carolina, and Kansas— each year and increase employment by The PRESIDING OFFICER. Is there against the will of the Senators from 1.8 million people. In fact, what we are objection to the request? those States, the House Members from passing here isn’t even close to the 4 Mr. CARPER. I withdraw my objec- those States, and the American people. cents a year for 4 years and indexing tion. This is not the first time the Presi- going forward. That produces $220 bil- The PRESIDING OFFICER. Without dent has gone against the will of the lion over the next 10 years. objection, it is so ordered. American people and violated our laws. What we are doing is barely keeping The Senator from Oklahoma. The President violated the law last Federal funding at $50 billion, and the Mr. INHOFE. Mr. President, let me June when he transferred the Taliban way we are doing most of that is by say in response that a couple of times Five from Gitmo in exchange for Ser- sleight of hand and by using money my good friend from Delaware has ob- geant Bergdahl, and my colleagues will

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.032 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7884 CONGRESSIONAL RECORD — SENATE November 10, 2015 remember that issue. He failed to no- state-of-the-art facility that provides DRIVE ACT—Continued tify Congress. The laws we passed said humane treatment for all detainees. The PRESIDING OFFICER. Under they had to notify Congress 30 days in When I was there, the biggest problem the previous order, the time until 2:45 advance of any transfer of terrorists to they had with the detainees was that p.m. is equally divided. any facility. His failure to adhere to they were overweight. They are all The Senator from Mississippi. the law he signed placed our Nation’s obese because they are eating so well. Mr. WICKER. Mr. President, I ask security at great risk. It is fully in compliance with the Gene- unanimous consent to speak for 10 min- Let me just mention—I carry this va Convention and provides treatment utes. with me. If people realize whom he and oversight that exceed any max- The PRESIDING OFFICER. Without turned loose, the Taliban Five—this is imum security prison in the world, as objection, it is so ordered. a statement that was made by the tested by human rights organizations Mr. WICKER. Mr. President, in a few Taliban commander. His name is such as the Red Cross, Attorney Gen- moments we are going to vote on a mo- Mullah Khan. He was talking about eral Holder, and an independent com- tion to instruct the conferees on the Mohammad Fazl. Keep in mind he was mission led by Admiral Walsh. It is a highway bill. It will be a motion to in- arguably the most dangerous person— secure location away from population struct them not to proceed with a Fed- terrorist—who was being held in centers, and it has a $12 million expedi- eral mandate that would force these Gitmo. He said: tionary legal complex. That is a court- long double trailers called twin 33s on His return is like pouring 10,000 Taliban room. We can’t use our courtrooms be- the 38 States where currently they are fighters into the battle on the side of jihad. cause of the confidentiality of informa- illegal. Now the Taliban have the right lion to lead tion that is extracted from these indi- This Senator would observe that it is them in the final moment before victory in viduals and used in the courtroom, so not often we get a chance to vote on a Afghanistan. they use the expeditionary legal com- motion that will accomplish so much. These are the kinds of people he is plex. We are going to get a chance in 30 min- turning loose. The last thing I would say is that it utes or so to vote on a motion that will According to the Office of the Direc- is clear that—and this comes from save lives. It is a motion that would tor of National Intelligence, 29 percent former CIA Director Leon Panetta. He prohibit a Federal mandate, that sup- of the detainees transferred out of was talking about the fact that our ports small business, and that would Gitmo have either been confirmed or President—talking about the way they save $1.2 billion to $1.8 billion per year suspected of returning to the fight and were able to get the bad guy, and what in highway maintenance. It is a vote killing Americans. That is how serious they have refused to understand is the that is supported by an overwhelming this is. information they extracted at Gitmo majority of the American people. This Gitmo is outside the sovereign terri- was used to actually capture Osama is a rare opportunity for us to come to- tory of the United States, which means bin Laden. gether on a motion that does all of detainees held there do not have con- Anyway, we don’t want that to hap- those things. stitutional rights. But if we put them pen, we can’t afford to let that happen, It is also a bipartisan motion to in- back in the United States, it is very and we are going to do everything we struct. It will be sponsored by the Sen- likely they would have those rights. can to keep the President from making ator from California, Senator FEIN- I have a quote from former U.S. At- that happen. This has become an obses- STEIN, and there will be bipartisan torney General Michael Mukasey, who sion of his, and we are not going to let votes for the motion on both sides of said: that happen. the aisle. The question of what constitutional rights BURUNDI Now, why are we here? The motion is may apply to aliens in government custody Lastly, I do want to mention that on here because it stems from an amend- is unsettled, but it is clear from existing ju- this whole issue in Burundi right now, ment in the Appropriations Committee risprudence that physical presence in the to the Transportation appropriations United States would be a significant, if not a we have to understand in this country that there are other nations that have bill, which would require every State decisive, factor. to allow these twin 33-foot trailers on I am also concerned about the secu- their own systems of government. They are the ones that have their elections. Federal highways. Currently some 12 rity of the people here who would have States do allow them. They have a to guard these terrorists. In this case, I happened to be there in Burundi when the court declared that right to do that, and if they made a Back when a Thomson, IL, prison was considered decision in their State leg- discussed—that was in 2009—Represent- the incumbent President, Nkurunziza, was qualified to run again, even though islatures and in consultation with their ative MARK KIRK—at that time he was departments of transportation, then in the House; that was before he was in they have a term limit. The first term was not a complete term, so that didn’t more power to them. the Senate—called the move ‘‘an un- Well, 38 States say that these trucks count, according to the court. For us to necessary risk,’’ and other Illinois are not safe and that these trucks are come in afterward and say ‘‘Well, we Members were concerned that the too long. They tell us they don’t want think the court was wrong, we don’t transfer of prisoners—some for trial them on the highways. I think we think he is qualified to run, and we are and some for indefinite detention— should respect that decision by these 38 going to withhold things from that could make the State a target for ter- States. country’’ is something we should not rorists. MARK KIRK was then and is now Who supports the Wicker-Feinstein correct that prisons holding these de- be doing in this country. motion to instruct the conferees? I go tainees will become magnets, and there I can assure my colleagues that the back to the point that this is a vote to is the very real possibility that these six Members who went with me over save lives. Who says this? AAA, a re- detainees would recruit more terror- there were all on the scene and agreed spected nationwide organization that ists. that Nkurunziza should be legitimately knows quite a bit about highway safe- We have to keep in mind that a ter- elected, and we should stay out of their ty, says support the Wicker amend- rorist is not a criminal. A terrorist is business. ment. Don’t mandate on 38 States someone who trains other people to be With that, I yield the floor. something they don’t want to do with terrorists, and that is what we would f these extra long trucks. be seeing happening in our courts. I would point out on this diagram the FBI Director Robert Mueller said RECESS size of the average passenger car. Look there is the very real possibility that The PRESIDING OFFICER. Under how much longer this proposed twin 33 Gitmo detainees will recruit more ter- the previous order, the Senate stands double rig with the tractor part on the rorists from among the Federal inmate in recess until 2:15 p.m. front is. Frankly, the American people population and continue Al Qaeda oper- Thereupon, the Senate, at 1:39 p.m., don’t want to contend with these long ations from outside the country. recessed until 2:15 p.m. and reassem- double trailers on their roads. I have been to Gitmo several times, bled when called to order by the Pre- The Advocates for Highway and Auto as has the occupier of the chair. It is a siding Officer (Mr. PORTMAN). Safety say this isn’t safe. A ‘‘yes’’ vote

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.036 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7885 on the Wicker-Feinstein motion would We need a strong vote. This is a I thank the majority leader, Senator be a vote for safety. chance to vote on how we stand with MCCONNELL, for his work and the The National Troopers Coalition—we small business in our States, with the Democratic leader, Senator REID. I also ought to listen to them—say these troopers, the sheriffs, the chiefs of po- extend my thanks to Senator CANT- trucks are not safe, and at the very lice, the trucking associations, and the WELL, who worked so hard with other least, there should be no mandate from advocates for highway safety. Senators on this side to get Ex-Im in- Washington, DC. In the time remain- I would urge my colleagues to thor- cluded in this bill. We will have the Ex- ing, I would suggest to Members and oughly consider this in the next 20 or 25 port-Import reauthorization in this legislative staff back in their offices to minutes. When you come to vote, a bill. call their local troopers in their var- ‘‘yes’’ vote will be a vote to avoid the I am very excited to get to con- ious States and see what the troopers Federal mandate. I urge my colleagues ference. My goal is just to put it on the say about this. I will tell you that to join me on a bipartisan basis—and I table, to bring to that conference the troopers in State after State say don’t believe they will join me on a bipar- bipartisan spirit we had when we did mandate these long trucks. Sheriff’s tisan basis—in allowing the 38 States this bill in the Senate. When I thank associations say don’t mandate these that opt out of this to continue to do both the majority leader and the long trucks. so, making a stand for small business, Democratic leader, it is because they Chiefs of police say don’t mandate for the States’ decisionmaking, and for put strong people on this conference. I these long, twin 33 double trailers. So safety. think it is going to be a strong con- you may ask yourself what a chief of Mr. President, I understand we are ference. We have a lot of similarities. police in a municipality has to do with going to move to a vote at 2:45 p.m. Somebody who looked at both bills said this. Aren’t we talking about inter- The PRESIDING OFFICER. That is the House bill is about 90 percent simi- state highways and big old Federal correct. lar to the Senate bill. This is a good highways? Not true at all. I don’t know Mr. WICKER. Mr. President, I ask thing. This means we don’t have to about you, but in the place where I unanimous consent that the remaining take our time because the trust fund, live, if something comes in by truck, time while we are in quorum calls be the authorization runs out very soon, they bring it right into town. So the divided equally between the parties. right before Thanksgiving. So it is a chiefs of police say: We don’t want The PRESIDING OFFICER. Without good moment for the Senate. these twin 33s on our two-lane streets; objection, it is so ordered. I think we showed leadership on both we don’t want them on the two-lane Mr. WICKER. I suggest the absence sides of the aisle on getting this bill highways. That would be the result of of a quorum. done. We continue to work well to- the mandate that is contained in the The PRESIDING OFFICER. The gether, both leaders have sent strong appropriations bill unless we turn that clerk will call the roll. conferees to the conference. I know our The senior assistant legislative clerk around. staffs are already speaking, and I am Who else is opposed to mandating proceeded to call the roll. Mrs. BOXER. Mr. President, I ask hopeful we get a strong vote, which I twin 33s on the 38 States that don’t think we are going to have in a few want them? The State trucking asso- unanimous consent that the order for the quorum call be rescinded. minutes. Am I correct it is about 3 ciations are opposed to this mandate. minutes from that vote? One would think that the truckers The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. That is would be for this. After all, if you are correct. a big enough trucking company and Mrs. BOXER. Mr. President, we are about to vote on whether we want to go Mrs. BOXER. All right. So in 3 min- you have enough money, you can buy utes I hope we have a solid vote to take the truck, haul more, and make more to conference with our Transportation bill that passed this body with well our bill to conference with the House, money. That is the idea, but we need to where I will work very closely with bear in mind that most of the truckers over 60 votes in July. We have been pushing hard—Senators on both sides Chairman SHUSTER and the rest. in the United States are small business The last point I make is I read that of the aisle—to move the House toward owners. Frankly, some of them have Congressman DEFAZIO—who is our a situation where we can finally go to told me that if this mandate on all 50 Democratic ranking member in the conference and reconcile the two bills. States is passed, they are going out of House T&I Committee—has had a very We are at that point, and I certainly business. serious eye situation and had to go for hope we get a very solid vote. We have resolutions from the Mis- emergency surgery. I wish to say my sissippi Trucking Association, the Ari- I am also hopeful the Wicker-Fein- stein motion does succeed, and I cer- heart is with him. He is a very impor- zona Trucking Association, Louisiana tant person in terms of weighing in on Trucking Association, and we have an tainly will try my best to raise it in the conference. We still have about 1.5 the transportation needs. I will work alliance of small business truckers with him, I will speak with him, and I from States that include Indiana, million unemployed construction am very hopeful that although he may Texas, Tennessee, Nebraska, Louisiana, workers since the recession. We have not be present—I hope he will be Maryland, Washington, Iowa, Mis- seen terrific job growth, but we know present for the conference—if he is not, sissippi, Arizona, Pennsylvania, Or- it hasn’t hit all the sectors, so this is I wish to reassure him that we will egon, and Arkansas—and I can go on. an extremely important bill. Also, we know that thousands in take his concerns into this conference. Trucking companies and small truck- I am looking forward to a strong ers in all of these States are saying: businesses rely on a robust highway trust fund. Whether it is the granite vote. Please don’t put us out of business by I yield the floor. having us try to compete with these people, the cement people, they are all Mr. President, I ask unanimous con- large twin 33s. for going to conference. Whether it is sent to yield back all time and proceed. I would submit to my colleagues that the international association of ma- The PRESIDING OFFICER. Without 20 minutes from now we are going to chinists or it is the labor union, the objection, all time is yielded back. chamber of commerce, the National have a vote. This is the only oppor- CLOTURE MOTION tunity that 100 Senators elected by the Association of Manufacturers, it is a The PRESIDING OFFICER. Pursuant people of the 50 States will have to ad- rare and glorious occasion to see every- to rule XXII, the Chair lays before the dress this issue. This vote we are going body come together and say: Let’s get Senate the pending cloture motion, to take in just a few moments will send a bill. which the clerk will state. a strong signal to the people in some We want to have a robust bill. We The senior assistant legislative clerk office here on Capitol Hill, in some don’t want to have a bill that is busi- read as follows: room on Capitol Hill, where they are ness as usual and this is why—we have CLOTURE MOTION 60,000 bridges that are deficient. They devising the Omnibus appropriations We, the undersigned Senators, in accord- bill. We need to send a strong signal to were not built with the kinds of traffic ance with the provisions of rule XXII of the them that we don’t want this mandate they are now withstanding in mind, so Standing Rules of the Senate, do hereby in the omnibus. We don’t want the we must have this vote to go to con- move to bring to a close debate on the mo- mandate in the highway bill. ference. tion to disagree to the amendment of the

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.042 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7886 CONGRESSIONAL RECORD — SENATE November 10, 2015 House, agree to the request from the House NAYS—7 Thirty-eight States do not want that in for a conference, and authorize the Presiding Corker Perdue Shelby their States. This bill overwhelms Officer to appoint conferees with respect to Flake Risch that. We had an amendment in the Ap- H.R. 22. Lee Sasse propriations Committee that would Mitch McConnell, Mike Rounds, Lamar NOT VOTING—11 Alexander, Johnny Isakson, Deb Fisch- prevent that. It was a tie vote. er, John Cornyn, Chuck Grassley, Thad Crapo Heller Rubio Senator WICKER and I ask you, please Cochran, Joni Ernst, Cory Gardner, Cruz Johnson Vitter don’t force States to do this before the Gardner Leahy Warner John Thune, Daniel Coats, Orrin G. Graham Paul safety work is done by the Secretary. Hatch, John Barrasso, James M. We have 4,000 people killed every year The PRESIDING OFFICER. On this Inhofe, Thom Tillis, Roy Blunt. from these trucks in all kinds of hor- vote, the yeas are 82, the nays are 7. The PRESIDING OFFICER. By unan- rific accidents—and they are not as Three-fifths of the Senators duly cho- imous consent, the mandatory quorum long as this one. These trucks would sen and sworn having voted in the af- call has been waived. not only be on the freeways, but they firmative, the motion is agreed to. would be in the villages, the towns, and The question is, Is it the sense of the Under the previous order, the com- the cities as well. Senate that debate on the motion to pound motion is agreed to. disagree to the amendment of the The Senator from Mississippi. I hope you will support this motion House, agree to the request from the to instruct to protect the 38 States and MOTION TO INSTRUCT House for a conference, and authorize say: Before you do this, do the safety Mr. WICKER. Mr. President, I have a the Presiding Officer to appoint con- investigations and tell us these trucks motion to instruct at the desk. ferees with respect to H.R. 22 shall be are safe. The PRESIDING OFFICER. The brought to a close? I yield the floor. clerk will report the motion. The yeas and nays are mandatory The legislative clerk read as follows: The PRESIDING OFFICER. Is there under the rule. time taken in opposition? The Senator from Mississippi [Mr. WICKER] The clerk will call the roll. moves that the managers on the part of the If not, the question is on agreeing to The senior assistant legislative clerk Senate at the conference on the disagreeing the motion. called the roll. votes of the two Houses on the Senate Mr. WICKER. I ask for the yeas and Mr. CORNYN. The following Senators amendment to the bill H.R. 22 be instructed nays. are necessarily absent: the Senator to insist upon the inclusion of the following The PRESIDING OFFICER. Is there a section in title XXXII: from Idaho (Mr. CRAPO), the Senator sufficient second? from Texas (Mr. CRUZ), the Senator SEC. 32ll. TRUCK TRACTOR-SEMITRAILER- There appears to be a sufficient sec- TRAILER COMBINATION LENGTH from Colorado (Mr. GARDNER), the Sen- LIMITATION. ond. ator from South Carolina (Mr. GRA- The Secretary may promulgate a rule to The clerk will call the roll. HAM), the Senator from Nevada (Mr. increase the minimum length limitation The legislative clerk called the roll. HELLER), the Senator from Wisconsin that a State may prescribe for a truck trac- Mr. CORNYN. The following Senators (Mr. JOHNSON), the Senator from Ken- tor-semitrailer-trailer combination under are necessarily absent: the Senator section 31111(b)(1)(A) of title 49, United tucky (Mr. PAUL), the Senator from from Idaho (Mr. CRAPO), the Senator Florida (Mr. RUBIO), and the Senator States Code, from 28 feet to 33 feet if the Sec- retary makes a statistically significant find- from Texas (Mr. CRUZ), the Senator from Louisiana (Mr. VITTER). ing, based on the final Comprehensive Truck from Colorado (Mr. GARDNER), the Sen- Further, if present and voting, the Size and Weight Limits Study required under ator from South Carolina (Mr. GRA- Senator from Nevada (Mr. HELLER) section 32801 of the Commercial Motor Vehi- HAM), the Senator from Nevada (Mr. would have voted ‘‘yea’’ and the Sen- cle Safety Enhancement Act of 2012 (title II HELLER), the Senator from Oklahoma ator from Louisiana (Mr. VITTER) of division C of Public Law 112–141), that (Mr. INHOFE), the Senator from Wis- would have voted ‘‘yea.’’ such increase would not have a net negative consin (Mr. JOHNSON), the Senator from impact on public safety. Mr. DURBIN. I announce that the Kentucky (Mr. PAUL), the Senator from Senator from Vermont (Mr. LEAHY) and The PRESIDING OFFICER. The Sen- Florida (Mr. RUBIO), and the Senator the Senator from Virginia (Mr. WAR- ator from Mississippi. from Louisiana (Mr. VITTER). NER) are necessarily absent. Mr. WICKER. Mr. President, I under- Further, if present and voting, the The PRESIDING OFFICER (Mr. stand I have 2 minutes. I will speak Senator from Louisiana (Mr. VITTER) LANKFORD). Are there any other Sen- briefly and then yield to Senator FEIN- would have voted ‘‘yea.’’ ators in the Chamber desiring to vote? STEIN. Mr. DURBIN. I announce that the This is what this is about, these twin The yeas and nays resulted—yeas 82, Senator from California (Mrs. BOXER), nays 7, as follows: 33 double trailers, which are longer the Senator from Vermont (Mr. than is legal in 38 States. The question [Rollcall Vote No. 303 Leg.] LEAHY), and the Senator from Virginia is whether we as a Senate, we as a Con- (Mr. WARNER) are necessarily absent. YEAS—82 gress, we as a Federal Government, are The PRESIDING OFFICER. Are there Alexander Ernst Murphy going to mandate on the 38 States that Ayotte Feinstein Murray any other Senators in the Chamber de- don’t allow these to allow them on siring to vote? Baldwin Fischer Nelson their roads at any rate. So a ‘‘yes’’ vote Barrasso Franken Peters The result was announced—yeas 56, would be a vote against the Federal Bennet Gillibrand Portman nays 31, as follows: Blumenthal Grassley Reed mandate. Blunt Hatch Reid When do you get in one fell swoop an [Rollcall Vote No. 304 Leg.] Booker Heinrich Roberts Boozman Heitkamp opportunity to vote—a vote that will YEAS—56 Rounds Boxer Hirono Baldwin Franken Perdue Sanders save lives, a vote to prevent a Federal Brown Hoeven Bennet Gillibrand Peters Schatz mandate, a vote for small business, a Burr Inhofe Blumenthal Grassley Portman Schumer vote to save $1.2 to $1.8 billion a year in Cantwell Isakson Booker Heinrich Reed Scott Capito Kaine highway maintenance, and a vote sup- Brown Hirono Reid Sessions Cardin King ported by the overwhelming majority Burr Isakson Sanders Shaheen Carper Kirk Cantwell Kaine Sasse Stabenow of the people? Casey Klobuchar Cardin King Schatz Cassidy Lankford Sullivan Vote yes not to mandate this on the Carper Klobuchar Schumer Coats Manchin Tester States. Casey Manchin Shaheen Cochran Markey Thune Coats Markey I yield the floor to the Senator from Stabenow Collins McCain Tillis Cochran McCain California. Tillis Coons McCaskill Toomey Coons McCaskill Toomey Cornyn McConnell Udall The PRESIDING OFFICER. The Sen- Donnelly Menendez Udall Cotton Menendez Warren ator from California. Durbin Merkley Warren Daines Merkley Whitehouse Ernst Mikulski Mrs. FEINSTEIN. Mr. President, if Whitehouse Donnelly Mikulski Wicker Feinstein Murphy Durbin we look at that, that is 91 feet with the Fischer Wicker Moran Wyden Murray Enzi Murkowski twin 33s and the cab, 91 feet of truck. Flake Nelson Wyden

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.045 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7887 NAYS—31 The PRESIDING OFFICER. Is there over last year’s levels, and it appro- Alexander Daines Risch objection? priates $1 billion more than the Presi- Ayotte Enzi Roberts Without objection, it is so ordered. dent asked for. Barrasso Hatch Rounds The question occurs on agreeing to It was also a bipartisan vote for lots Blunt Heitkamp Scott Boozman Hoeven Sessions the motion. of reasons. There should be no more of Capito Kirk Shelby The motion was agreed to. a bipartisan cause among all the fund- Cassidy Lankford Sullivan The Presiding Officer appointed Mr. ing bills than a bill that takes care of Collins Lee Tester Corker McConnell INHOFE, Mr. THUNE, Mr. HATCH, Ms. veterans and provides the facilities for Thune Cornyn Moran MURKOWSKI, Mrs. FISCHER, Mr. BAR- those who are serving and for their Cotton Murkowski RASSO, Mr. CORNYN, Mrs. BOXER, Mr. families’ needs. This is an important NOT VOTING—13 BROWN, Mr. NELSON, Mr. WYDEN, Mr. matter for us to address, and this is a Boxer Heller Rubio DURBIN, and Mr. SCHUMER conferees on great week for us to do it. Crapo Inhofe Vitter the part of the Senate. This bill provides specific funding for Cruz Johnson Warner The PRESIDING OFFICER. The Sen- women veterans. I was at a women’s Gardner Leahy veterans clinic in St. Louis recently. Graham Paul ator from Missouri. f This bill includes additional care for The motion was agreed to. Iraq and Afghanistan veterans. It pro- The PRESIDING OFFICER. The Sen- MORNING BUSINESS vides treatment for the kinds of trau- ator from Connecticut. Mr. BLUNT. Mr. President, I ask matic brain injuries that veterans MOTION TO INSTRUCT unanimous consent that the Senate be often leave the military with today, Mr. BLUMENTHAL. Mr. President, I in a period of morning business, with which they did not have post-9/11 and have a motion to instruct at the desk. Senators permitted to speak therein post the cowardly devices that are used The PRESIDING OFFICER. The for up to 10 minutes each. to attack our people in the service. clerk will report the motion. The PRESIDING OFFICER. Without The legislative clerk read as follows: It increases veterans funding in areas objection, it is so ordered. such as health care, benefit claims The Senator from Connecticut [Mr. Mr. BLUNT. Mr. President, I ask BLUMENTHAL] moves that the managers on processing, medical research, and tech- the part of the Senate at the conference on unanimous consent that I be allowed to nology upgrades. It also includes fund- the disagreeing votes of the two Houses on speak for up to 15 minutes. ing for construction and renovation of the House amendment to the bill H.R. 22 be The PRESIDING OFFICER. Without projects that ensure military readiness instructed to insist upon the inclusion of the objection, it is so ordered. and improve the quality of life for mili- rail safety provisions contained in the f tary families. amendment passed by the Senate on July 30, As GEN Ray Odierno, the recently re- VETERANS DAY AND LEGISLATION 2015, including the authorization of grants tired Chief of Staff of the Army, has for the installation of positive train control. SUPPORTING OUR VETERANS said, our military families are the The PRESIDING OFFICER. There AND TROOPS strength of the military. Senator will be 4 minutes of debate equally di- Mr. BLUNT. Mr. President, I am hon- vided. GILLIBRAND and I recently introduced a ored to represent nearly 500,000 Mis- The Senator from Connecticut is rec- bill—The Military Families Stability souri veterans in the Senate. Tomor- ognized. Act—that allows us to do new things. Mr. BLUMENTHAL. Mr. President, row, on Veterans Day, we pause to re- It allows families for educational or in recent years all of our constituents flect on the countless contributions professional reasons to stay longer or have seen a scourge in rail accidents. and sacrifices that the men and women leave earlier, depending on when the There have been similar accidents all who serve in uniform and have served person serving gets transferred. If around the country. This motion in- in uniform have made to our country. I there is a month of school left or a pro- sists that the Senate’s provisions be in- hope we will all use this opportunity to fessional matter that the spouse needs cluded in this conference and in what recommit ourselves not only to appre- to be a part of and needs to finish a job comes out of the conference com- ciate their service but to be sure that quickly or go to a job early, why mittee, including the authorization of the commitments our government has wouldn’t we want to allow that to hap- grants for the installation of positive made to them are commitments that pen through legislation? This legisla- train control. we move forward on and that they are tion looks at military families’ needs, This summer, with the leadership of commitments that we look at the time, among the other things it looks at. the committee chairman, Senator place, and the veterans being served Because of the dissatisfaction that THUNE, and the ranking member, BILL and decide when they need to be many of our veterans appropriately NELSON, who are both champions of changed. I think one of the things we have with the Veterans’ Administra- rail safety, in this instance it resulted have done in the last year to create tion, this bill includes necessary re- in some very key reforms, and the Sen- more choices and more competition for forms such as protection for whistle- ate passed the DRIVE Act which is not veterans is an important step in that blowers, the kind of protection that perfect—troublesome in some highway direction. construction oversight managers need, safety elements—but forward thinking When I introduced the Excellence in and it assesses some new measures for on rail safety. It includes funding for Mental Health Act with Senator STA- construction oversight so that we don’t PTC, redundant signal protection, im- BENOW, one of our biggest support have these facilities costing more than proved inspection practices, and a fol- groups for that act, which not only they should cost. lowup on the FRA’s deep dive inves- would treat behavioral health care like Frankly, if we look at competitive tigation. Along with cameras and grade all other health care but would also alternatives that veterans should have crossing, these provisions help to ad- create more opportunities to access be- available to them, it is probably a good vance the cause of rail safety. havioral health care, were the younger time to think about how we could The House has done nothing. The veterans. The Iraq and Iran veterans make that program work better—rath- House bill is completely and abjectly and the veterans from Afghanistan er than to continue to invest more lacking on rail safety, and therefore wanted to have more choices and were money in facilities that they have to this motion instructs our conferees to big supporters of not just traditional drive by—with better locations to get insist on the Senate’s provisions. I VA services but other services as well. to that would give them that choice. know that our conferees will be ex- I am pleased that the bill today steps This bill has been ready for months tremely sympathetic and supportive, forward in important ways and does now. I was disappointed the Democrats but in order to simply to express our things for veterans. The bill we just blocked consideration of this bill ear- views, I ask unanimous consent that voted on, the Military Construction lier this year, but I am pleased that we this measure be approved and that the and Veterans Affairs appropriations finally got to a bill that everybody motion be taken on a voice vote. bill, actually reached a record level of could vote for. It actually shows how I ask unanimous consent that all re- funding for veterans services. It in- shortsighted the lack of willingness maining time be yielded back. creases veterans services by $7.9 billion was to let us do our work, to bring this

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We have a real obligation to take effect. The Congress has to be involved. The care of our veterans—those who have That rule, by the way, in my State laws of the Constitution have to be re- served for our country—and I hope we would put more than 99 percent of all spected. continue to build on the work we have of the geography of Missouri under the Over and over again, even on the eve done today. control of the EPA for anything that is of Veterans Day—a celebration of those Earlier today we also passed the bi- related to water, including any water who did more than anybody else to de- partisan Defense Authorization Act, that runs off a roof, any water that fend our freedoms—even on the eve of another bill we could have gotten to runs off a parking lot, any water that Veterans Day, we need to remind our- earlier. In fact, the House passed it ear- runs down a roadside ditch. If the EPA selves what the Constitution is all lier. The President vetoed it, but now wants that authority, they need to about, what the country stands for, and that same essential bill goes back to come to the Congress and say: Change the freedoms those veterans were will- the President’s desk because some the law. Give us the authority over all ing to serve to defend. other problem has been solved that of the landmass, 99.3 percent of Mis- I yield the floor. should never have been tied to author- souri and similar amounts in many The PRESIDING OFFICER. The Sen- izing the defense of the country. other States. Give us that authority. ator from Rhode Island. Every year since 2011, the Congress Of course, the Congress wouldn’t do f has passed and the President has that. The Congress knew what they CLIMATE CHANGE signed a bill just like the bill we passed were doing when they said ‘‘navigable Mr. WHITEHOUSE. Mr. President, it today that would make it clear to the waters,’’ and the EPA has never sug- is my habit to give my ‘‘Time to Wake President that the Congress doesn’t gested to the Congress that the Con- Up’’ speeches once a week when the want the President to go forward with gress change the law. The EPA would Senate is in session. It is also a prac- his proposed changes for Guantanamo. like to change it on their own, but the tice of mine to go to other States—par- Unfortunately, the media reports sug- Sixth Circuit Court of Appeals said: ticularly States that have Republican gest that the President once again is No, you don’t have the authority to do Senators—to look at what is happening considering acting unilaterally to that. in the States and get a sense of where bring terrorists to the United States. Here is another issue that has to go the local universities and the local ex- to the Supreme Court. Apparently, the Both of these bills today said no ter- perts are with respect to climate President doesn’t mind going to the rorist can be brought to the United change. My last visit was to Ohio. I Supreme Court and doesn’t mind being States from Guantanamo. have also been to New Hampshire, It is another example of the Presi- reversed by the Supreme Court. The North Carolina, South Carolina, Geor- dent ignoring the law, deciding instead: President particularly, it appears, gia, Florida, Tennessee, and Iowa. The I am going to enforce the law I want to doesn’t mind being reversed by the Su- thing that is common across all of enforce, and I am going to ignore the preme Court if somehow the rules got those trips is that there is no denying law I want to ignore. He did that a few by the other two levels of Federal climate change in those States. The de- months ago with Executive amnesty. court, as the mercury rule did 2 years nial is the function of this building, The President decided there are some ago. Twenty-two months later, when and it is the function of the wall of laws that relate to people who are in the Supreme Court finally ruled, they money the fossil fuel industry has the country and who are here without said: No, the EPA doesn’t have the au- erected around this building. But pick documents that he doesn’t intend to thority to regulate that item in that a State university in the country and enforce. Unfortunately for the Presi- way. But even people at the EPA said: go there, and we find there is simply dent and fortunately for the law, the Well, even though we didn’t have the not climate denial. U.S. Court of Appeals for the Fifth Cir- authority, 1,500 powerplants had to I am joined today by my friend cuit ruled last night that the President close down permanently because of the SHERROD BROWN, Ohio’s senior Senator, can’t do what the President said he was rule. And they seemed to take great who was kind enough to accompany me going to do. An earlier court had im- pleasure in the fact that the rule ac- on the trip—on several parts of it, any- mediately said the President can’t do complished its goal even though the way. We went to Cleveland. We had a what he said he was going to do. law was not served and the EPA, ac- couple of meetings there together. An- This morning, I heard one of the cording to the Supreme Court, didn’t other one of my visits was to Lake spokesmen for the White House say: have the authority for that rule. Erie, which got clobbered by the Well, every legal expert we have talked On the President’s overreach, I re- cyanotic bacteria that shut down Tole- to believes the President has the au- introduced a law again this year—the do’s water system, which is also cli- thority to do this. Well, apparently Executive Needs to Faithfully Observe mate change-related. none of the legal experts they have and Respect Congressional Enactments Let me yield to the Senator from talked to are Federal judges, because of the Law Act—the ENFORCE Act— Ohio for a few moments, and then we Federal judges now, at the two levels which simply says something one can talk about Cleveland and the lake. below the Supreme Court, have decided would never think the Congress would Mr. BROWN. Mr. President, I thank that the President doesn’t have, in all have to say to the President, which is: Senator WHITEHOUSE. likelihood, the authority he says he Mr. President, you have to enforce the When I introduced Senator WHITE- has. law. Mr. President, you have taken an HOUSE to the mayor of Cleveland and to The courts, along with a bipartisan oath to uphold the Constitution. There a number of experts in Cleveland, from majority of the Congress, have taken is a way to do this job in a constitu- public health officials, to wind energy the President to task on a sweeping tional way, and there is a way to do the entrepreneurs, to community groups to new rule on waters of the United job in the way you are doing it now. whom climate change matters so States—an issue we debated here last We shouldn’t need this bill. The much, I introduced him as probably— week. The law says the EPA has the President swore to uphold the law. not just probably—there is no person in authority to regulate navigable waters With the action we took today, we see the Senate who has done a better job of in the country. For 170 years everybody another place where the Congress has focusing public attention on the understood what that meant, and I clearly spoken over and over and over threats of climate change and what it think everybody still probably under- again, and the President says: If the means to our way of life and what it stands what that means, even the peo- Congress won’t do this, I am going to means to our country. I thank Senator ple at the EPA, who want it to mean do it on my own. WHITEHOUSE for that.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.054 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7889 I want to point to what happened in means there, he also went to the Stone slurp over instead of turning the way a Toledo, OH, in 2011. This green color in Lab and he can tell us about that. Then regular boat’s wake would. One of them this picture is algae bloom. This is a he had an amazing meeting at Ohio had been doing this for 35 years and he small boat that is making its way State University with some of Amer- said: I don’t know this lake any longer. through the algae bloom. ica’s amazing climate scientists. I will I don’t know where the fish are going This wasn’t even the year Toledo kick it back to Senator WHITEHOUSE to be. For 35 years I have fished this residents lost their water supply. In and again thank him for traveling the lake, and now it is like a stranger to 2014—last August, 15 months ago— country every single week and looking me because of all these changes that algae blooms were so serious in Lake for places where climate change has are happening. Erie and in the western basin—Toledo done the most damage in terms that That is exactly what my Rhode Is- is in the western basin of Lake Erie, people can understand. His leadership land fishermen are telling me, too, Cleveland is sort of central, and then is so important. about Narragansett Bay and Rhode Is- Ashtabula and Erie, PA, are in the I thank Senator WHITEHOUSE for the land Sound. We are here with the Sen- eastern basin of Lake Erie. Again, this work he has done, and I am so grateful ator from Massachusetts. ‘‘SHELDON, it is not the most serious situation, al- he came to the city of Cleveland and is getting weird out there. SHELDON, though the algae bloom is so over- joined us. this is not my grandfather’s ocean.’’ whelming here. This green is all algae Mr. WHITEHOUSE. Well, I was very We have some responsibilities to pay bloom. The lake actually should be the happy to join the Senator. I thought attention to these people and to listen color—where you can see dark blue Frank Jackson was extremely impres- to them. here, that is normally the color of the sive on this subject. He pointed out One of the most impressive parts of lake. We can see the wake of the boat, that there are times in life when we the trip was this at Ohio State. Ohio and that is the normal color of the simply have to go to the future, and if State is host to the Byrd Polar and Cli- lake, as the boat plowed through the you decide to hang on to the past, you mate Research Center named after the algae bloom. will fail as a result of missing that famous polar explorer Admiral Byrd. The problem with Lake Erie is that curve. He said that the business com- These two scientists, Ellen Mosley- it is the most vulnerable lake because munity in Cleveland was really begin- Thompson and Lonnie Thompson, have it is the shallowest lake in the western ning to get that, beginning to take it spent their lives traveling all over the basin of Lake Erie. In this part of Lake on. So he has led with a Cleveland Cli- planet going to these incredible, far- Erie, it is only 30 feet deep. It is fed by mate Action Plan, which is one of the away places—the North Pole, the the Maumee River, which is the largest best ones in the country. South Pole, to the Greenland icecap, tributary of any river into any of the We went to a great place where they going to glaciers high in Peru, going to five Great Lakes. Keep in mind that it are growing lettuce hydroponically, 3, 4 glaciers in the faraway mountains of is 30 feet deep here, fed by farmland acres in an old building, under an open China. They drill down and take a core and commercial activity and industry glass ceiling. They are using captured sample out of the glacier and get hun- and homeowners—greater Toledo in rain water; they are recycling it. The dreds of thousands of years of data in northwest Ohio. Contrast that with people there have jobs that pay well. that core sample. Lake Superior. It is 30 feet deep here, They were the owners of the project Then there you are on the top of a and Lake Superior is 600 feet deep on and they were really vested in it. glacier in Peru or China, and you have average. And Lake Superior mostly Wasn’t the morale of the people work- to figure out how to get this core sam- drains forests, so we can see why Cleve- ing there phenomenal? It was terrific. ple back to Ohio—and it has to stay land and Toledo are so vulnerable to Dr. Aparna Bole, whom Senator frozen the whole time. So they had this climate change and so vulnerable to BROWN mentioned, was very in tune to huge logistical challenge. They con- pollution and all that has happened what was happening in minority com- quered all of that. They are two amaz- with the algae blooms. munities as a result of climate change ing people. People in Toledo—500,000 people lost from asthma, from heat. She is seeing These are all the core samples from their drinking water for 21⁄2 days. Peo- it with her young patients. She was glaciers all around the globe. Some of ple were great, stepping up from all wonderful, talking about that. At this them, because of the way climate has over southern Michigan, eastern Indi- point, because of toxic ground level dissipated the glaciers, where they ana, and northwest Ohio to ship in ozone and ragweed being triggers for drilled the core sample the glacier water for people. But it made such a— asthma attacks—she has seen so much doesn’t exist anymore. It is the last it says to us that climate change isn’t of that. She said that more than one in record of gone glaciers. the only reason this happened, but it is five African-American kids in Cleve- Here is a picture they had. This is clearly happening. We are seeing this land has asthma, and she connects it to the same site. On this side is a picture algae bloom worse and worse and worse what is happening in climate change. of the glacier. You can see striations in hot weather. Of course, we understand that in from the seasons and years going by, One other thing about this Great Rhode Island because we have the same and they took this picture from the Lake. Lake Erie is only 2 percent of all bad air days where we have to have same place. You can see how the gla- of the Great Lakes’ water—five Great kids stay indoors and elderly people cier used to be right in front of them Lakes. Lake Erie is only 2 percent of stay indoors, all because of the air and now this glacier is off in the dis- all the Great Lakes’ water because it is coming from the Midwest that has been tance. It has moved back as the cli- shallow and its surface areas are not as fouled by these coal-burning power- mate has warmed. big as the others. Fifty percent of the plants. They gave me this. This is a piece of fish of all of the Great Lakes are in Out on Lake Erie I met with some of plant matter. You can hardly see it. It Lake Erie because fish will produce the scientists from Stone Labs and a is plants that were unearthed as the and will prosper in shallower, warmer couple of the lifelong fishing captains glacier moved back, and they can date water, but the water was too warm be- who had been out there on the lake. them. Those plants were last out 6,626 cause of climate change and all of the Here are some of the water samples we years ago, when a snow covered those things that came out of that. took while we were out. It is clean plants. Snow piled on to snow and it In this meeting we had with Dr. now—this is what the water should was buried under the glacier. It stayed Aparna Bole—a pediatric specialist at look like—but back before, when the and it stayed, and thousands of years Cleveland’s University Hospital—she climate change-driven rain bursts were went by. Then, after thousands of years talked about asthma rates. We heard flooding Lake Erie with phosphorus had gone by, Jesus came and walked from others too. from the farms in the watershed, there the Earth, and then thousands more I will turn it back to Senator WHITE- was an explosion of cyanotic bacteria years came by, and now the glaciers HOUSE and ask him what he learned to the point where these guys said driv- are melting so fast that here it is. You from these meetings. He was not just ing their boats wasn’t like driving can look, and you can still see the in meetings with people in Cleveland through water, it was like driving leaves. It is squashed and old, but it learning about what climate change through pudding, and the wake would hasn’t decomposed because of the way

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These excuses go from dust storms that were written sight of the executive branch of gov- something like this: I am new, so I about in Egyptian hieroglyphics, and ernment by the Congress is as old as don’t know who to talk to and where to there is the actual dust held in the ice. the Constitution, it is a critical role, find the documents. This is the record that the climate and it is one that was intended by the For years the Department has de- science is based on, and it truly is a writers of the Constitution. I believe layed in productions, each time with marvel. oversight leads to better government, more excuses. For instance, the De- The last thing I will mention is that better laws, and actually saves the tax- partment still refuses to answer wheth- we also stopped by the Ohio State Cen- payers money. That is why this Sen- er Secretary Clinton’s private server ter for Automotive Research. Here is a ator works very hard at oversight. was approved. The Department has brandnew Camaro in the background. I went after the Reagan Defense De- failed to provide emails for Depart- They work with GM to get cars brand- partment for wasteful spending in the ment personnel communicating about spanking-new, a high-performance 1980s. I held up the Department of Jus- Secretary Clinton’s private server that American Camaro. These students are tice nominees during the Bush admin- we have strong reason to believe exist. going to take it apart and put it back istration to get my oversight letters The Department took over 2 months to together so it runs cheaper, faster, and answered, just as I am doing now with schedule a single interview with a with less fuel. They are going to make the Obama Department of State. I former employee. The Department for a hybrid Camaro with the same level of voted in support of giving the Judici- over 2 months has refused to provide performance, and it is really very im- ary Committee the authority to issue instructions it gave to Clinton attor- pressive what they are doing. They subpoenas regarding its inquiry into ney David Kendall to secure the thumb know climate change is here. That is the firing of U.S. attorneys during the drives that contained classified infor- why they are doing this stuff. Bush administration when a lot of Re- mation—even though the Department I will close out because I have other publicans didn’t want that to happen. was quoted in the news as providing Senators waiting, but I thank Senator My belief in and exercise of the over- those instructions. The Department BROWN for taking me around Cleveland, sight role by Congress is longstanding has failed to provide travel reimburse- meeting all the people we did, and tak- and nonpartisan. ments and leave documents for its em- ing me on those visits. I thank the Yesterday the Senate minority lead- ployees. On August 5 of this year, I re- folks at Ohio State. Stone Labs out on er said my investigation into the De- quested classification nondisclosure Lake Erie is an Ohio State facility. partment of State’s use of special gov- forms for Secretary Clinton, Huma The Byrd Polar and Climate Research ernment employee designations and Abedin, and Cheryl Mills. On November Center is an Ohio State facility. I met how Secretary Clinton’s private email 5, the Department provided those docu- with the John Glenn Institute folks at arrangement interfered with the Free- ments to a Freedom of Information Act Ohio State University. dom of Information Act compliance is requester but not to the committee. Look, if you are a Buckeye fan and political. This simply is not so. This in- I highlight that. The Freedom of In- you are listening, pay attention to vestigation involves many things, but formation Act request was made, but what Ohio University says about cli- it does not involve politics. His speech the same information that was sought mate change. Don’t listen to the fossil yesterday inferred that I was doing all by a congressional committee—one was fuel phonies. Listen to what your home these things for political reasons. That granted and the other so far has been State university says. These guys are is simply not true, nor is it in accord- denied. While the Department provided deadly serious. They know it is real. I ance with my reputation as an equal the documents to that requester under don’t think there is a home State uni- opportunity overseer. the Freedom of Information Act, De- versity in this country that is denying My investigation into the potential partment employees told me they had climate change, and yet this body is abuse of the special government em- been unable to find those documents. stuck in denial. It has nothing to do ployee designations and Secretary Not only has the Judiciary Com- with the facts; otherwise the home Clinton’s use of a personal email server mittee experienced unacceptable De- State universities would say something and the potential spillage of classified partment of State delays in receiving different. You can’t go home and root information is not political. It is evi- the information we request, others in- for the Buckeyes on the weekend and dence-based, and it has something to side and outside of the government then come here and deny climate do with our national security. have experienced delays as well. change and pretend you are being true Unfortunately, the Department has The Associated Press sued the State to your home State university. I don’t been largely uncooperative since June Department over the failure to satisfy care what your home State is—Iowa, of 2013. The Department’s lack of co- repeated document requests under the Oklahoma, Florida, Georgia—you name operation has caused me to place 22 Freedom of Information Act related to it. Go to the big State universities. holds on its nominees. These are not these same agents. One of these re- They understand that climate change secret holds. I have placed, according quests dates back 5 years ago. is real. to the rules of the Senate, a statement Judge Richard Leon of the U.S. Dis- What prevents us from acting isn’t in the RECORD of why those holds are trict Court for the District of Colum- information, it is the wall of special in- placed, and to correct the senior Sen- bia, the judge responsible for this case, fluence money that the fossil fuel in- ator from Nevada, my holds do not in- scolded the State Department for its dustry has built around this place, and clude 600 Foreign Service officers and failure to produce documents on time: it is time we woke up and got on with do not include individuals from Iowa. Now, any person should be able to review our business. So I will close with that. With respect to my pending requests that in one day—one day. Even the least am- I am grateful for the people in Ohio to the Department of State, I am still bitious bureaucrat could do this. who showed me around, particularly to waiting for a full production of docu- Let there be no mistake about this Dave Spangler and Paul Pacholski, ments from my June 2013 oversight re- investigation. This investigation is lifelong charter boat captains. They quest—the constitutional responsi- centered on the Freedom of Informa- make their living out on Lake Erie. bility of those of us who pass laws and tion Act, a law that is within the Judi- They know what it is like out there, appropriate money. That happened to ciary Committee’s jurisdiction. This and they know what climate change is be 21⁄2 years ago, and the State Depart- investigation is centered on potential doing to their beloved lake and their ment has still not produced the mate- abuse of the special government em- beloved way of life. rials I have requested. The Department ployee designation that allows govern- I yield the floor. has implemented several clever strate- ment employees to be paid by outside

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[From the Daily Beast, Sept. 4, 2015] This investigation is centered on po- tigating Clinton through the post-Wikileaks THE HILLARY EMAIL DOUBLE STANDARD ‘‘insider threat’’ program created to inves- tential violations of the Federal (By Danielle Brian) tigate individuals who exploited, com- Records Act and holding government How whistleblowers see their lives de- promised, or made an unauthorized disclo- officials accountable for their actions. stroyed over infractions the powerful get sure of classified information, the State De- This investigation is centered on away with. partment has spent weeks defending their whether public officials properly han- Watching the news about Hillary Clinton’s former boss and claiming dismissively that dled classified information. emails, it is remarkable to see how many nothing was classified at the time anyway. Nobody is above the law. Senior gov- people now have opinions about the over- General Petraeus, who deliberately gave ernment officials and regular employ- classification of information and the relative classified information to his lover/biog- ees should get equal treatment under merits of prosecuting people for mishandling rapher, was afforded similar latitude, with the law, and that treatment should be classified material or destroying government Senator Feinstein going so far as to make a records. public plea for clemency in his case. In the fair and objective. It should not depend Newspapers, blogs, and television reports end he was only given a paltry fine—one that on what your position is. are full of pundits explaining the law as they he will be able to pay off with less than one When it looks like the treatment is see it, with people opining about who is of his speaking engagement fees. different, we have to figure out what is right: the two Inspectors General who assert The Department of Defense Inspector Gen- going on. For example, it looks like there was classified material in her emails, eral (IG) tried to bury, and then gutted, its other government employees are sub- or the State Department, which asserts that own report that concluded then-CIA Director ject to very different treatment when the information was not classified at the Leon Panetta had released classified infor- accused of mishandling classified infor- time. mation about the Osama bin Laden raid to mation. So where were all these ‘‘experts’’ when the Zero Dark Thirty Hollywood producers. Army LTC Jason Amerine, a deco- whistleblowers accused of the same infrac- Panetta was never penalized despite the IG’s tion—mishandling classified material—were findings. rated war hero, contacted Congress to forced to spend a fortune on lawyers, were In stark comparison, even national secu- try to warn about bureaucratic prob- fired from their jobs, and were threatened rity whistleblowers who worked through lems with U.S. hostage recovery ef- with imprisonment? proper channels, including reporting to their forts, problems that he believed were The amount of time being spent by Hillary superiors, Inspectors General, and the Con- putting lives at risk. He was accused of Clinton defenders and detractors parsing gress, are faced with a white-hot vindictive improperly transmitting classified in- rules, policies, and laws on whether she frontal attack from the government. formation to Congress in the process. broke the law is maddening. That time des- NSA whistleblower Tom Drake and Justice This war hero was removed from his perately needs to be spent on transforming Department whistleblower Thomas Tamm job, was escorted out of the Pentagon, the classification system and modernizing both had armed FBI agents raid their homes. had his clearances suspended, had his electronic records retention policies, as Drake reported to the Pentagon IG and Con- promised in the Obama administration’s sec- gress about the NSA’s unconstitutional and scheduled retirement delayed indefi- ond National Action Plan for the Open Gov- wasteful overreach through its domestic sur- nitely, was fingerprinted and had a ernment Partnership nearly two years ago. veillance program (years before Edward mug shot taken, was threatened with It is hard to reconcile Clinton’s actions Snowden). Tamm also challenged the legal- court-martial, and was subject to ex- with her speech at the 2012 opening session of ity of the government’s warrantless wiretap tensive investigation. the Open Government Partnership: ‘‘In the program. After almost a year of being inves- 21st century, the United States is convinced Tamm lost his clearance and his govern- tigated, the Army decided not to court- that one of the most significant divisions ment career. Drake was prosecuted for espio- martial Lieutenant Colonel Amerine. among nations will not be north/south, east/ nage and lost his career after pleading to the Instead, he was awarded the Legion west, religious, or any other category so misdemeanor of ‘‘excceding the authorized of Merit for exceptionally meritorious much as whether they are open or closed so- use of a computer.’’ Both spent a fortune on service and was finally allowed to re- cieties. We believe that countries with open attorneys. governments, open economies, and open soci- Air Marshal Robert MacLean had to take tire. But look at how differently he, a eties will increasingly flourish. They will be- his case all the way to the Supreme Court to war hero, was treated when accused of come more prosperous, healthier, more se- prove that he had a right to reveal mishandling classified information cure, and more peaceful.’’ unclassified information to a TV reporter compared to Secretary Clinton and her She was right then. It is essential to main- about the TSA’s decision to remove air mar- associates. Where was the minority tain the records of our policymakers for his- shals from high-risk flights after 9/11. His leader in trying to help this war hero torical analysis so that the public can know disclosure forced the TSA to reverse their from these attacks from this adminis- what actions have been taken in our name plan and to better protect the public by tration? by our leaders. Clinton did not maintain keeping air marshals on cross-country Nowhere to be seen is the answer to these records. The fact is she indisputably flights. MacLean won, but he and his family broke the rules, and although that is not a had to put their lives on hold while he fought that. his case for years without a paycheck. It is apparent that some have a selec- criminal offense, it certainly is a political one. Lieutenant Colonel Jason Amerine is being tive memory when it comes to putting Even more infuriating is the disparity of investigated by the Army Criminal Inves- value on oversight and investigations. treatment between the politically powerful tigation Division over accusations of reveal- But I do not. I have been consistent in and everyday truth-tellers. High-level offi- ing classified information to Congress, which my oversight role my entire career, in- cials often receive little more than a tap on is permitted by law to receive disclosures vestigating Republicans and Demo- the wrist for mishandling classified informa- about wrongdoing in the executive branch. crats. tion. But whistleblowers seeking to expose His disclosure to Congress led the White My oversight and investigations unit wrongdoing and protect the public are al- House to overhaul its hostage recovery poli- is involved in many investigations. The most without exception subjected to over- cies. Yet his retirement from the military, vast majority of them have nothing to zealous investigations and prosecution. after an extraordinary and decorated career Rather than focusing on the distinction be- in the Army, has been put on hold indefi- do with Secretary Clinton. tween whether a person deliberately released nitely as the investigation drags on. Looking out for the public interest classified information or not, the more ap- Our system now protects the powerful and isn’t a waste of time, and I will keep at propriate lens is whether there was an in- attacks the heroes, both of which are fun- it regardless of misguided attacks on tended public benefit for that disclosure, damentally un-American. my motivations and such as protecting public health or safety or So let’s stop wasting time making politi- mischaracterizations of my work. I will revealing wrongdoing. cally expedient proclamations that serve no continue this investigation because the Of course the Secretary of State had some purpose but to score points for candidates. American people have a right to the classified information in her emails. As Bill There are real issues all the campaigns truth and government officials have an Leonard, former director of the federal Infor- should address: We need to dramatically mation Security Oversight Office, told Reu- shrink the incidence of and incentives for obligation to answer to ‘‘We the Peo- ters, information that foreign officials give overclassification. We also need to apply a ple.’’ U.S. officials in confidence is ‘‘born classi- public interest balancing test so that when Mr. President, I ask unanimous con- fied.’’ there is an alleged breach of classified infor- sent that an article dated September 4, And yes, the government is dramatically mation, the violation is weighed against the 2015, be printed in the RECORD. overclassifying information. Clinton herself benefits of the information becoming known.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.059 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7892 CONGRESSIONAL RECORD — SENATE November 10, 2015 And we need to level the playing field so that that the provision written by Citigroup Republicans—declare publicly where there aren’t different accountability stand- lobbyists last year allows a few banks they stand. If the industry wants to ards for those with clout and those without. to put taxpayers on the hook for risky push rollbacks, then I want to make it If the dialogue doesn’t change, most fed- eral employees who witnesses waste, fraud. swaps with an estimated value of near- easier to send bankers to jail when or abuse will feel the chill and decide against ly $10 trillion. And what does it mean they launder money for drug cartels or stepping forward while the politically power- to load up on swaps such as this? The when they rig foreign exchange mar- ful class will continue to be rewarded and see FDIC said: ‘‘Generally speaking, large kets or when they cheat pension funds their transgressions forgiven. volumes of derivative activity con- out of desperately needed money. Mr. GRASSLEY. I yield the floor. ducted by a [bank] would be expected If the industry wants to chip away at The PRESIDING OFFICER. The Sen- to increase its risk profile. financial oversight, then I want to ator from Massachusetts. And who is gobbling down most of have a serious, on-the-record conversa- f this $10 trillion of risk? Three huge tion about breaking up the biggest banks: Citigroup, JPMorgan Chase, and banks. Let’s start with the three that ACCOUNTABILITY FOR LARGE Bank of America—three banks, nearly are taking $10 trillion in risky business FINANCIAL INSTITUTIONS $10 trillion. onto their books: Citibank, JPMorgan Ms. WARREN. Mr. President, before Now $10 trillion is a lot of risky busi- Chase, and Bank of America. long, two must-pass pieces of legisla- ness. Just remember, the whole TARP Yes, the American people want us to tion will come to the floor, a highway bailout was less than $1 trillion. Now a get something done. They are begging bill and a government-funding bill. It few banks—a few too-big-to-fail us to do some real work, but I don’t is like ringing the dinner bell for Wall banks—are going to keep another $10 hear a lot of my constituents asking us Street banks. The lobbyists are swarm- trillion in risky business on their to water down financial rules and to do ing this place. They want to roll back books. These banks will happily suck more favors for the big banks. financial regulations, and they are down the profits when their high- So let’s put it to the American peo- working every contact they can to at- stakes bets work out, and they will ple. Are you ready to weaken Dodd- tach these rollbacks to anything that just as happily turn to the taxpayers to Frank, to give the biggest banks in the moves. bail them out when there is a prob- country more chances to take more It is a pretty neat trick. They prob- lem—all of this because the lobbyists risks and to leave you holding the bag, ably can’t get a rollback of financial persuaded Congress to do just one little or is it time for a little more account- regulations passed out in the open favor for them. ability—accountability for large finan- where Americans can see what is hap- Earlier today Congressman CUM- cial institutions that month after pening and see which Senators and MINGS and I asked the Government Ac- month are in the headlines for break- which representatives voted to gut the countability Office to do more analysis ing the law? Is it time to stop pre- rules for Wall Street banks. So they of these issues. But whatever the GAO tending and truly get rid of too big to slipped these rollbacks into must-pass finds, Congress now has 10 trillion rea- fail once and for all? We can let every legislation, which gives the financial sons to stand up to Citigroup and bring Republican and every Democrat vote in industry’s friends in Congress a lot of back the swaps pushout rule to ensure Congress on these questions. Let’s do it cover. that working families in this country— with microphones on and the cameras Of course, it is not just Wall Street families with mortgages and student rolling, but not behind closed doors and that is trying this. Lobbyists and their loans to pay and kids to take care of— out of public view. Republican allies want to weaken the aren’t on the hook again, this time for We need to vote on a highway bill. rules protecting workers, retirees, and $10 trillion of the big banks’ risky bets. We need to vote on a government fund- our environment. They want to defund Congress has one job here. Congress ing bill. And if there is anyone in this Planned Parenthood, attack civil should strengthen, not roll back, finan- Chamber, Republican or Democrat, rights laws, and shove all kinds of cial rules before one of these banks who thinks they can slip goodies for other provisions that would be terrible takes down our economy again. Wall Street into these bills without a for our country. But, as in so many But bills to hold the big banks more fight, they are very wrong. things, Wall Street is the true master accountable aren’t getting much trac- I yield the floor. of this strategy. tion around here. Instead, right now The PRESIDING OFFICER. The Sen- It has been almost 1 year since people in Congress are talking about ator from Louisiana. Citigroup lobbyists wrote a provision repealing more Dodd-Frank provisions. f to blast a hole in Dodd-Frank and, at That is right. At this very moment lob- the last minute, got it attached to a byists and Senators are plotting new VETERANS DAY government funding bill. Since the ways to take cops off the beat on Wall LUCIUS FORSYTH AND ROBERT ‘‘EMMETT’’ government would have shut down if Street and to weaken, delay or dilute STANLEY the funding bill hadn’t passed, that the rules that protect consumers and Mr. CASSIDY. Mr. President, in com- Citigroup amendment made it through hold big banks accountable and then to memoration, celebration, and honor of tacked on the back of the funding deal. hook those rollbacks either onto a bill Veterans Day, I would like to share the The provision that got blown up last to fund our highways or to keep our stories of two Louisiana heroes who year was called ‘‘Prohibition against government open. served in World War II: Lucius Forsyth Federal Government bailouts of swaps Now, Republicans say: Hey, if you and Robert ‘‘Emmett’’ Stanley—two entities.’’ The idea behind the rule is want to get something done, if you Louisianans who answered the call to pretty simple. If a bank wanted to want to repair our roads or keep the serve and did so most honorably. enter into certain risky deals—such as government open, this is the price; help Lucius Forsyth left his home in Pau- the credit default swaps that had been the big banks. lina, LA, to serve in World War II in at the heart of the 2008 crisis—it had to To be fair, Republicans are also get- his late teens as a U.S. Navy seaman bear all of the risk itself instead of ting some help from some Democrats. aboard the USS Saratoga. On February passing it along to taxpayers. That was They say: Wall Street accountability is 21, 1945, Lucius and the crew of the the provision that Congress repealed. important, but I just want to get some- Saratoga experienced the most con- Because Democrats weren’t willing thing done around here for a change; so centrated assault of World War II to shut down the government, Wall let’s go along. against a warship. The Saratoga and Street won that round. But this isn’t Well, yes, I want to get something her 3,500 sailors fought bravely as the over. Congressman ELIJAH CUMMINGS done too. Who doesn’t? But I didn’t Japanese forces attacked the ship for 3 and I decided to hunt down the impact come here to carry water for the big hours. Bombs were dropped and five of the Citigroup amendment. We banks. Japanese kamikazes crashed their air- opened an investigation, and today we If Republicans think it is time to craft into the Saratoga. released our findings. talk about financial reform, then let’s Seven levels below the main deck, There are lots of details, but here is put it all on the table and let’s have ev- Lucius knew that the impact of a bomb the takeaway. The FDIC estimates eryone in Congress—Democrats and or a kamikaze near his location would

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.041 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7893 mean certain death. Ignoring the dan- I thank the Chair, and I yield the try to make the case that is accept- ger, Lucius continued to work in the floor. able, that 21 percent of children living compartments adjacent to the ammu- The PRESIDING OFFICER (Mr. in poverty is something we can accept. nition stockpiles. Mr. President, 125 BOOZMAN). The Senator from Pennsyl- We should all be not only outraged by members of the Saratoga lost their vania. it but take action and have a sense of lives that day. f urgency to combat it. Lucius remained aboard the Saratoga There are a couple of things we can CHILD POVERTY for the rest of the war. After the Japa- do. First of all, we have to know what nese surrendered, he returned home, Mr. CASEY. Mr. President, I rise this is happening to children on a broad married Rita Bourgeois of Gonzales, afternoon to talk about a set of issues range of topics. That is why we have to LA, raised 5 children, and today is we don’t, frankly, spend enough time rely upon public policy expertise. blessed with 21 grandchildren and 20 on that relate to our children. I have There is a whole group of folks out great-grandchildren. often said—and I think it is true there in organizations. I am holding in The other Louisiana veteran I would throughout this Chamber when we talk my hand just one example. You can’t like to recognize is Robert ‘‘Emmett’’ about these issues—that we come to see it from a distance, but this is a Stanley. Born in New Orleans in 1923, this because we are concerned about kind of one-page summary by the Emmett left home shortly after grad- the future of this country when we talk Annie E. Casey Foundation—no rela- uating from high school to serve the about what happens to our children. tion to me but a great foundation that United States. He enlisted in the Navy I have always believed—and I think has tracked child well-being for years. Reserve in 1943 and served as a seaman this is a prevailing point of view here They have four categories: economic in this Chamber and across the coun- first class on the USS Luce. well-being, education, health, and the On the morning of May 4, 1945, 1 day try—that every child is born with a fourth category is family and commu- after Emmett’s 22nd birthday, Japa- light inside them, the light of the full nity. nese kamikaze pilots attacked the USS measure of their potential. Some chil- If you could see this up close, you Luce. Emmett was knocked to the deck dren don’t need a lot of help along the would notice some categories. There way. They are born into circumstances as shrapnel pierced his scalp through are 16 altogether, with 4 indicators in 4 or into families or born to parents or his steel helmet and fragmented pieces categories. there are other factors that give them If you look at the orange, wherever went into his legs. He still feels pain an advantage. They have a lot of abil- you see orange, that means the num- from those injuries today. Emmett and the other crew members ity, and they do not need much in the bers are getting worse for children. If way of intervention from any part of you see green, that means we are doing were soon given orders to abandon the our society, including the government. better. So it is a mixed report, with USS Luce after more kamikazes Some children are born with a bright some numbers getting better over the struck. Emmett swam 40 yards away light, but it may not burn as brightly last 5 years or 7 years or time incre- from the sinking ship to avoid being or shine as brightly as some other kids, ments such as that. But what has got- sucked under by the waves, but a sec- and they need a little extra help. Some ten worse since the great recession is ond explosion forced more shrapnel of those kids, if they get help when that the number of children living in into his stomach. Out of the 312 men on they are very young, can thrive and poverty has gone up. The number of the USS Luce, 126 were killed in the at- succeed and grow without any further children whose parents lack secure em- tack. help or assistance. ployment has gone up. Unfortunately, Although eligible then, Emmett did If we are serious about growing the two other indicators of poverty—chil- not receive his Purple Heart until Oc- economy, if we are serious about cre- dren in single-parent families is up, tober 17 of this year, when he was the ating jobs and creating the kind of op- meaning the number has worsened, and honoree at the U.S. Navy Birthday portunity that we say we are concerned children living in high-poverty areas is Ball. He was thrilled to be surrounded about and that we say is part of the worse. by his entire family. fabric of being an American, then we I won’t go into those numbers today, These are two stories about heroism have to be concerned about what hap- but that is just an indication that and valor, but there are many more. pens to our kids. childhood poverty has been a challenge Let me brag a little bit about a couple A lot of what I will talk about today for a long time. It got a lot worse after of young men who work on my staff. can be summarized in maybe one line: the great recession, when our economy One young man, Chris Anderson, en- As kids learn more now, they are going began to collapse and folks across the listed in the Army after completing his to earn more later. We know all the country paid the price, and a lot of college education. He could have pur- data shows that. The child who has ac- children have paid the price. sued business or graduate school, but cess to early learning will earn more So what do we do about it? One thing Chris wanted to serve our country in later in life. It also is essential that we do is to begin to see that at long the War on Terror. He did so bravely they have access to quality health care last we can’t just talk about reducing and honorably in Afghanistan clearing and the kind of security that comes child poverty. We can’t just nibble ordnance. Imagine what his mother when you have enough to eat—food se- around the edges or hope a program thought every night, knowing the job curity. here or a program there will help. We he had. Now he is a tireless advocate If we want our children to learn more have to have a strategy. In order to for VA reform so that those he served now and earn more later, we have to have a strategy, we have to have a with can get the care they need and de- make the right investments. Unfortu- goal, and the goal ought to be that we serve. nately, that child or any child won’t be reduce child poverty and take the same Another member of my staff back in able to learn more now and therefore approach, frankly, the United Kingdom Baton Rouge, Michael Eby, served in earn more later if they live a life of took a couple of years ago. the Louisiana National Guard for 9 poverty. Maybe some will get through, I will walk through some of the back- years and was awarded the National but that is very difficult. If we don’t ground, but Senator BALDWIN and Sen- Defense Medal and the Louisiana War take action against child poverty, we ator BROWN and I introduced a bill just Cross. have already erected barriers in their last week—the Child Poverty Reduc- To Lucius, Emmett, Chris, and Mi- path. tion Act—to establish that kind of a chael and all who served and serve now, Today, as of 2014, the latest numbers target to reduce child poverty. Under thank you for your service. This Vet- for child poverty in the United States the legislation, child poverty would be erans Day and every day, we remember are 21.1 percent. That number is up cut in half in 10 years. So child poverty your sacrifices, courage, and dedica- substantially since the great reces- would be cut in half in a decade. The tion to ensuring that our children, sion—a couple of percentage points— second goal would be to eliminate child their children, and we all can live in and therefore there are millions more poverty in 20 years. Deep poverty freedom in the greatest Nation in the children living in poverty. would be eliminated in 10 years—mean- world. May God bless you, your fami- In Pennsylvania, it is only a little ing the worst kind of poverty for our lies, and the United States of America. lower—19.4 percent. No one here would children and for our families.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.061 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7894 CONGRESSIONAL RECORD — SENATE November 10, 2015 To meet these goals, we would give My daughter and her classmates are sym- dren, the meals they eat in childcare an assignment to an interagency work- bols of change. They have hope for a brighter programs are the most nutritious ing group to reduce child poverty, to future and faith that the adults in their lives meals they will eat all week. In other develop a plan, and include rec- will work together to make a change. We words, absent the childcare setting, ommendations to improve coordination must do whatever it takes so that they can they will likely not have a nutritious grow up and be strong, educated adults. and efficiency of existing programs and meal in the course of a week. As work- initiatives, because there are a lot of I think Shearine gave us all an as- ing families shuttle between home, them—and we can get to those in a mo- signment, not just speaking to herself. childcare, and work, little time re- ment—along with recommendations for I think she gave us all an assignment mains for food shopping, healthy meal new legislation, new strategies, and that we have to make sure we are tak- planning or sitting down to eat healthy new approaches to focus on child pov- ing the steps necessary and essential to meals. The Child and Adult Care Food erty. do all we can to give that bright future Program provides healthy, nutritious Here is what happened in the United and to validate the faith those children meals to more than 3 million children Kingdom. In 1999, the UK established a have in us, whether we are going to each day who are either in Head Start, national child poverty target and meet our obligations to help those chil- Early Head Start or childcare pro- measured in U.S. terms the UK’s child dren—every single one of those chil- grams in both centers and family poverty target, and the policy changes dren in that class picture. childcare homes. made in conjunction with that effort Finally, the last picture is of a young I introduced this bill as well to focus, reduced Britain’s child poverty rate by boy giving his mother Gale a great improve, and strengthen this program. 50 percent in the first 10 years—a sig- smile. In this photo, Gale captures her The Child and Adult Care Improvement nificant achievement. In comparison, son’s happiness as he holds up nutri- Act would enhance several aspects of between 2000 and 2013—a little more tious bananas. It is good to have that this program, including allowing than a decade—in the United States, in the picture. When we talk about childcare centers and homes the option the child poverty rate increased by child poverty and hunger, it is not just of serving a third meal for children over 20 percent. So roughly in the same some public policy issue, some issue for who are in care for 8 or more hours a time period, as our poverty rate was a think tank to analyze. Child poverty day. going up for kids, the UK’s poverty is depicted in some of these pictures, We have a lot to do, but we cannot rate for children was going down. One but it is also in our newspapers every get to the goal of reducing child pov- of the reasons for that—not the only day of the week and in our midst. I erty by 50 percent or reducing poverty reason—is they set a target, and both hope more of us will be summoned by overall in the near term in the next sides came together—the labor party, our conscience to do something con- decade, unless we have a strategy, set a the conservatives—and the country structively about this issue. goal, and then begin to strengthen made it a goal. We haven’t done that We have a lot to do in the next cou- what works and improve the existing yet, and we need to focus on that kind ple of months. We have child nutrition programs—whether it is WIC, the Child of a goal. reauthorization, which is a great op- and Adult Care Food Program, the So one thing we need to do is to focus portunity for us to, at long last, begin SNAP program—what used to be called food stamps. Whatever the program is, on a goal and have legislation to enact to take steps in the right direction. we have to strengthen and invest in it. part of the strategy. Then, of course, The Women, Infants, and Children We can’t talk about all those lofty we can’t just stop there. We can’t just Program I mentioned before is one of terms—like ‘‘GDP growth, job growth, assume having a target and working those. One reason I am so concerned and growing economy’’ and all the toward it is enough. about where we are in the WIC Pro- wonderful things that get discussed in One of the most powerful examples in gram is that some children literally this Chamber—without a strategy for my home State of Pennsylvania over are caught in a nutrition gap. Because the last couple of years of what it our kids. they are age 5, they may be caught in We have a way to go, but I believe means to live in poverty—in this case, a gap where they are not getting school moms who were willing to tell their this commitment to our children is not meals and they are not getting nutri- just the right thing to do and it is not stories—is the effort undertaken by tion any other way. Some children can Witnesses to Hunger. That is what this just something we ought to focus on as experience this nutrition gap almost 12 something consistent with what our photograph depicts—a child who was months, almost a year being caught be- photographed by her mother. Other conscience tells us, but it is in fact a cause they turned 5. The time in this mothers were willing to take pictures great economic strategy for the coun- nutrition gap is a time when they are of their children to tell the world about try. If kids learn more now, they are neither supported by WIC nor sup- their own circumstances and to give us going to earn more later. They can’t ported by a school meals program. living proof of what it means to live in learn more now if they don’t have ac- We had the privilege recently of talk- poverty, what it means to be a child cess to early learning, if they don’t ing to a constituent from Western living in poverty. That is Witnesses to have access to healthy, nutritious Pennsylvania. Her son is currently 4 Hunger. foods, if they don’t have access to qual- This all started at Drexel University, years old. He will be enrolled in kinder- ity health care, and if we don’t protect where they gave cameras to a group of garten in the fall of 2016. When he en- them from people who would do them moms who decided to open up their rolls in school, he will get healthy harm. If we do at least four of those own lives, courageously and gener- meals, but in the next month when he things well—if we have early learning ously, and to tell us more about these turns 5, he will be cut off from the op- opportunities, opportunities to invest challenges. portunity to benefit from the WIC Pro- in food security strategies so they get The first picture after that is a pic- gram. This child loves yogurt, fruit and healthy, nutritious foods, and we make ture of a young woman by the name of vegetables and whole grains provided sure they have quality health care in Monique who is on her way to her local by the WIC Program, but he will not addition to early learning, we can WIC office—the Women, Infants, and benefit from that because of this glitch move forward in a direction that gets Children Program—the office in this in the law. So I propose a new bill, the us to the goal of making sure every part of Philadelphia. Monique says: ‘‘I Wise Investment in our Children Act, child in this country has an oppor- love WIC because it supports me by the WIC Act, to close the nutrition gap tunity to grow and to learn and to helping me nurse my baby.’’ That is a by allowing States to increase the age move in the future together. We can’t picture of her and her baby. limit for WIC to age 6. do that if all we do in Washington is The next picture is a picture of a We also have to be concerned, at the use phrases like ‘‘job creation’’ and group of classmates, and the mom’s same time focusing on making changes ‘‘economic growth’’ without a strategy name is Shearine. Shearine’s daughter to the WIC Program, to focus on an- to get our kids there. We should make joins her classmates in this photo. Here other support for our children and fam- sure every child in this country has the is what Shearine says about her cir- ilies, the Child and Adult Care Food same opportunity to learn and to grow. cumstances and what she hopes for the Program, so-called CACFB, as a qual- They can’t do that if we as the adults future: ity source of nutrition. For many chil- don’t give them that opportunity.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.062 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7895 So as we look at some of the real gress—unwisely I think—Congress can- as the Parties may agree,’’ while con- lives depicted in these photographs, I not amend this deal, we cannot strike sidering ‘‘input from non-governmental think Shearine gave us a very powerful one offending provision, apply a fili- persons or groups of the Parties.’’ message today, where she said: buster to force a supermajority of 60 It also says it will consider the find- ‘‘They,’’ meaning the children in the votes, as we have to have for most leg- ings of international fora to help ad- picture of the classroom—‘‘They have islation, or to apply a two-thirds trea- vise them. I guess one of the fora they hope for a brighter future and faith ty vote. Additionally, the White House will not be considering is a group like that the adults in their lives will work writes the implementing legislation, the National Federation of Independent together to make change.’’ which, in turn, necessarily supersedes Business, small businesses. Shearine is right. She has given me any existing American law. So this is None of these terms are defined as to an assignment, she has given 99 other what we mean by fast-track. what constitutes a nongovernmental Senators an assignment, and a lot of Today I would like to share a few person or group. What is that? other adults across the country. I be- thoughts about one aspect of this Remember, when the Founders of our lieve this is a mission worthy of a agreement, the Trans-Pacific Partner- country negotiated the Constitution, great nation, just like every other ship Commission. There is a particular they worried about every word. They major undertaking we have confronted chapter in this mammoth agreement, thought about what it would mean and and dealt with over many generations chapter 27, titled—innocuously could mean decades, centuries later. of greatness in our country. enough—‘‘Administrative and Institu- They talked about creating a new form When we talk about American tional Provisions,’’ which deals with of government on this entire continent. exceptionalism and what it means to the creation of a Trans-Pacific Part- They actually believed that could be be an American, part of being an Amer- nership Commission. possible, and it certainly has become ican is making sure every child has the Section 27.1 outlines the creation of reality. Have we given that kind of same opportunity to learn and to grow. this Commission and who is a member. thought to the power we are delegating We can do this. We can do it in a bipar- The agreement states that ‘‘each party to this Commission? How will the tisan fashion. If the United Kingdom shall be responsible for the composi- agreement be amended or modified? can reduce child poverty, the United tion of its delegation.’’ In other words, Just last week, the Secretary of States can do the same. we are empowering the Trans-Pacific State, Secretary Kerry, was in I yield the floor. Partnership countries to create a new Kazakhstan. He told the television sta- I suggest the absence of a quorum. congress of sorts—a group with dele- tion in Kazakhstan that he is inter- The PRESIDING OFFICER. The gates that goes and meets and decides ested in seeing China and Russia be clerk will call the roll. important issues that can impact ev- added to the TPP and that they would The senior assistant legislative clerk eryday lives of Americans. The Amer- consider the Philippines a prime can- proceeded to call the roll. ican representative in this Commis- didate to join in the future. That is an Mr. SESSIONS. Mr. President, I ask sion, which will operate in many ways interesting thing to announce, particu- unanimous consent that the order for like the U.N., will not be answerable to larly in Kazakhstan. Since it impacts the quorum call be rescinded. voters anywhere. How long will their the people of the United States, it The PRESIDING OFFICER. Without terms be? How will they be chosen? might be nice for him to be talking objection, it is so ordered. Will there be any restrictions on lob- more to the people of the United f bying, any requirements of trans- States. parency? Can they always meet in se- So this would create a situation in TRANS-PACIFIC PARTNERSHIP cret? Are there any ethics rules? The which new countries can be added, it Mr. SESSIONS. Mr. President, I answer is, it will be whatever the TPP appears, most any different way. would point out to our colleagues, that countries decide it will be. The point is, this global governance we now have now received the Trans- The fact that they negotiated this in authority is open-ended. The agree- Pacific Partnership Agreement. It secret for months—years, really—indi- ment states that ‘‘the Commission and amounts to 5,544 pages, not including cates that transparency is not a qual- any subsidiary body established under the dozens of side-agreements—three ity they value very highly. It is an en- this Agreement may establish rules of times the book I know the Presiding tity untethered above and outside the procedures for the conduct of its Officer knows, the Bible. It is three Constitution of the United States. All work.’’ times the length of the Bible and sev- our government agencies in the United It even covers climate regulation—a eral times the length of ObamaCare. It States must answer to the Congress lot about climate regulation. The has just been delivered to us with all and the President, the Chief Executive. agreement states that ‘‘the Parties ac- kinds of promises for good things that These institutions will not. So we need knowledge that transition to a low might result from its affirmation. to be cautious. emissions economy requires collective No American has the resources to en- All I am saying is, why do we have to action.’’ Having been a proud cold war- sure that his or her interests are being do this? Why do we have to create a rior, I have never been happy with peo- protected in this document. It is so Commission in which Vietnam or the ple who use the word ‘‘collective.’’ It long and the ramifications are so broad Sultan of Brunei gets the same vote as makes me nervous. that Congress cannot do its job to en- the President of the United States? The TPP is a living agreement. Ac- sure that the people’s interests are Section 27.2 lists several powers of cording to the U.S. Trade Representa- safeguarded by such an agreement. the Commission which should be ex- tive’s own Web site, the living agree- We already have trade deals with all pected in any regulatory body. It is ment provision is in the TPP: ‘‘. . . to the major TPP countries, except granted the power to oversee the im- enable the updating of the agreement Japan. So I will say with real con- plementation of the TPP and the power as appropriate to address trade issues fidence this is much more than trade. to supervise the work of relevant work- that emerge in the future as well as If it was, a bilateral agreement with ing groups under its jurisdiction. How- new issues that arise with the expan- Japan would fix it. We have agree- ever, then the section states this: sion of the agreement to include new ments with Australia, Chile, Canada, Under the rules, the Commission shall countries.’’ It says it is to deal with and other countries. ‘‘consider any proposal to amend or trade issues and new issues. Are those The TPP is about the goal of creating modify this Agreement,’’ to change the issues nontrade? Are they environ- a new global regulatory structure— agreement. They get to change the mental issues? Are they labor agree- what I have called a Pacific Union— agreement. We can ratify this, but they ments or other kinds of things that are transferring power from individual get to change it whenever they deem unrelated directly to trade? I think it Americans and Congress, eroding Con- appropriate. Also, the Commission is clear this would allow that to hap- gress, to an unaccountable, unelected, shall ‘‘seek the advice of non-govern- pen. international bureaucratic committee. mental persons or groups on any mat- Regardless, after the TPP is passed Because President Obama has been ter falling within the Commission’s and Congress has blessed the union, the given fast-track powers by this Con- functions’’ and ‘‘take such other action Senate will have no say in how the

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.063 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7896 CONGRESSIONAL RECORD — SENATE November 10, 2015 Commission is established or the rules barriers are nontariff, currency being framework for a transnational union by which it is governed. It is one of the most noteworthy. which supersedes the authority of Con- untethered to the Congress. Foreign workers and governments gress. Second, currency manipulation is a under the TPP are not inhibited from Finally, if it were truly about open- serious issue. It is impacting our abil- illegally undercutting American work- ing markets to U.S. producers, the ity to trade effectively today in a very ers through currency manipulation in United States would simply have nego- large way. order to export their unemployment to tiated bilateral agreements with the Paul Volcker, Chairman of the Fed- the United States. countries we need to talk to. eral Reserve during a time when he and The way this happens is, if you have We are the world’s greatest market President Reagan transformed the a business in a foreign country and the for worldwide products that are made, American economy from raging infla- world market has slowed down and and right now we give open access, in- tion and interest rates to a sound econ- your exports are slowing down, if you credibly, to foreign imports. Just look omy, said that currency manipulation devalue your currency, your product at those containerships on the Pacific could wipe out decades of trade nego- becomes cheaper and can be sold in the coast stacked to the top. It is not tiations in a matter of minutes. We United States or other countries at a working for jobs in America, it is not have seen that happen. cheaper price, and you keep your peo- working for wages in America, and it is Currency is huge and impacts so ple working and manufacturing those not working for manufacturing. We many companies. If you read the finan- widgets, whereas the country that im- have to make things. Moving to a serv- cial pages, you will see that companies ported your product lays off its work- ices economy would be failure. are worried about their bottom line in ers because it can’t compete at that Of course we want trade. Of course large part because it will be harder for price—for the widgets. It is an artifi- we want to purchase items from them to compete with foreign competi- cial way to gain market advantage. abroad. I am not saying we shouldn’t. tors who devalue their currency delib- In May of this year, I wrote the What I am asking is, are we, in negoti- erately in order to gain an advantage President and asked him simple ques- ating this trade agreement, giving even in trade. But there is no enforceable tions. This is important, colleagues. I broader access to our markets without currency mechanism in this agree- asked him to state whether the TPP getting enough in return? That is the ment, although it was fought for in would increase or decrease our trade problem. America must make things. both Houses of Congress and came deficit. He refused to answer. I asked Consumption in America should be for close, but it is not in it. him whether the TPP would increase Americans and for export. Our com- On November 5, the Wall Street Jour- or decrease the number of manufac- petitors want the opposite, and they nal wrote: ‘‘Mexico, Canada and other turing jobs in the United States. He re- have been winning, but they need us countries signaled they were open to fused to answer. I asked him how the more than we need them; thus, we have the [currency] deal when they realized TPP would affect the average hourly great power to reverse this course. it wouldn’t include binding currency wages of the American middle class. He Figuratively speaking, some of our rules that could lead to trade sanctions refused to answer. He never wrote politicians will be pushing up daisies if through the TPP.’’ This caused Ford back. All that the proponents in the they don’t listen to what the American Motor Company to immediately reject White House have said about this deal people are saying. They must listen to the TPP the day it was released. Their is that it would increase production the sound, common sense of the people spokesman argued that they could not and jobs in the export industries. But who hold the ultimate power. They ex- support a deal in which currency rules exporting is such a small part of Amer- pect us to make sure their interests are ‘‘fell outside of TPP and [failed to] in- ican industry production. They don’t legitimately defended. I don’t believe clude dispute settlement mechanisms mention how many jobs would be lost this trade agreement does that, and we will talk more about it as time goes by. to ensure global rules prohibiting cur- by the increased imports into our coun- try. I thank the Chair and yield the floor. rency manipulation are enforced.’’ Dan DiMicco, the CEO emeritus of The PRESIDING OFFICER. The Sen- This is a huge matter. Ford says that Nucor Steel, which operates steel ator from North Carolina. when they are selling an American- plants all over the Nation, wrote in his made automobile or truck in a foreign f recent book: country, they are losing thousands of REMEMBERING DOROTHY ‘‘DOT’’ The world says one thing about open mar- HELMS dollars as a result of currency manipu- kets and free trade but does another. What- lation by many of our trading partners. ever sharp cultural or political or language Mr. TILLIS. Mr. President, I have So it is hard to sell an automobile if differences may separate the Japanese from the sad duty to report to the Senate our foreign competitors have, in effect, the Chinese, or the Germans from the the passing of the first lady of North a comparative advantage on currency French, this much they all have in common: Carolina, Dorothy ‘‘Dot’’ Helms. Mrs. alone of several thousand dollars. they know how to advance and protect their Helms was known to many in this body economic interests. The administration has zero interest as the ever gracious wife of my illus- in preventing foreign market manipu- Mr. President, has my time lapsed? trious predecessor, Senator Jesse The PRESIDING OFFICER. The Sen- lations and currency manipulations, Helms. and thus the TPP will cause massive ator from Alabama, there is a 10- In fact, I chose to stand at this desk job losses. It just will. We will be less minute time limit. because it is the desk he stood behind Mr. SESSIONS. Mr. President, I ask able to compete. for the many years as he served the unanimous consent for 2 minutes to Let’s be frank. I supported the Ko- United States and the great State of rean trade agreement. We have great wrap up. The PRESIDING OFFICER. Without North Carolina in the Senate. allies in Japan and Korea and others in For 66 years Dot Helms was the rock the Pacific, but they are tough trading objection, it is so ordered. Mr. SESSIONS. They know how to upon which the Helms legacy was built. partners—competitors, if you want to advance their interests, and we have Long before she met her future hus- know the truth. They are competitors. not been effective in advancing ours. band, Dot Helms was a trailblazer in They are mercantilists. They have a It is time to take TPP off the fast North Carolina. She was the first goal. Their goal is to sell as much as track, take this off the fast track and woman to graduate from the Univer- possible to foreign countries and par- get busy defending the interests of the sity of North Carolina school of jour- ticularly to the greatest market in the American people. nalism in 1940, where she rubbed elbows world, the market they lust to gain DiMicco writes: with the likes of fellow Tar Heels, Ed- even more access to—our market. They In principle, any industrial policy would ward R. Murrow and friend and class- want to sell to us. Through a whole lot begin by saying the business of creating, mate David Brinkley. of different mechanisms, they resist making, and building things must be at the While a reporter for the legendary purchasing anything from us. Have we heart of any overreaching economic strat- owner-editor of the Raleigh News and made any progress in lessening the egy. Observer, Joseph Daniels, she met a trade deficit to Japan or Korea lately? This agreement is not just about pro- young man on the sports desk named It is not going to happen because these moting trade; it is about creating a Jesse Helms, and the rest is history.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.066 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7897 Mrs. Helms was a leader in Christian especially fun time when she shared her sto- I thank the Presiding Officer, and I causes, such as her sponsorship of the ries at night on the porch at the family cot- suggest the absence of a quorum. interdenominational children’s camp tage at Topsail Beach. The PRESIDING OFFICER. The After graduating from UNC, Mrs. Helms Willow Run at Lake Gaston. While in worked at The Raleigh News and Observer as clerk will call the roll. Washington, she taught at Gallaudet a city reporter and later as society editor. It The senior assistant legislative clerk University and actually wrote a book was while working at The News and Observer proceeded to call the roll. on great Americans who happened to that she met her future husband, a member Mr. CARPER. Mr. President, I ask be deaf. of the sports department. They were married unanimous consent that the order for In the Senate, she was the leader of on October 31, 1942, at the First Baptist the quorum call be rescinded. the Senate Ladies Bible Study, the Church in Raleigh. One summer during the The PRESIDING OFFICER (Mr. Second World War, while her husband was on TILLIS). Without objection, it is so or- Congressional Wives Prayer Group, and recruiting duty for the Navy in the eastern the U.S. Senate chapter of the Red part of North Carolina, she edited three dered. Cross. She was a confidante and pillar weekly newspapers which were published in f for many friends on both sides of the Ahoskie, NC: The Hertford County Herald, VETERANS DAY AND THE GI BILL aisle, including Elizabeth Dole, Erma The Gates County Index, and The Bertie- Byrd, Beryl Bentsen, and Linda John- Ledger Advance. Mrs. Helms also worked Mr. CARPER. Mr. President, tomor- son Robb. part time at The Star News when her hus- row is Veterans Day, and it is a special Politically, she was a close friend of band was stationed in Wilmington, NC. day for all of us who serve here and for Back in Raleigh after her husband’s dis- all of our colleagues down the hall in Ronald and Nancy Reagan. In 1976, she charge from the U.S. Navy, Mrs. Helms was took the unusual step of campaigning active in the Women’s Missionary Union of the House of Representatives. It is a tirelessly across the State of North Hayes Barton Baptist Church. She was also special day for veterans across the Carolina in support of then-Governor active in the Colonel Polk Chapter, DAR and country and around the world and their Reagan’s insurgent Presidential can- served as regent for two years. In the early families and for a lot of Americans who didacy. Needless to say, the Governor 1960s, Mrs. Helms and Mrs. Armistead value the service and sacrifice of our Maupin (Diana) were instrumental in found- carried the North Carolina primary veterans. ing the Wake County SPCA. Veterans Day is not Memorial Day. against a sitting President in no small The Helms moved to Arlington, Virginia part due to the work of Dot Helms. after Senator Helms was elected to the U.S. On Memorial Day we mourn and salute Two years ago, Gov. Pat McCrory Senate in 1972. While living there, Mrs. those who have given their all in serv- awarded Dorothy Helms the Order of Helms was active in The Spouses of the Sen- ice to our country. Veterans Day is the Long Leaf Pine for her contribu- ate and in the Senate Ladies Bible Study. really for all veterans, not just for tions to the civic and religious life of She was a volunteer at Gallaudet College for those who have paid the ultimate sac- the Deaf and wrote a series of stories enti- the Tar Heel State. Fittingly, the Gov- rifice. tled ‘‘Interesting Deaf Americans’’. Some of I was privileged to go to college. I ernor honored her with the official the stories were used in English classes at North Carolina State toast: Gallaudet and others were used in publica- won a Navy ROTC scholarship and Here’s to the land of the long leaf pine, tions of schools for the deaf The Helms went to Ohio State. I studied a little The summer land where the sun doth shine, shared a deep interest in Camp Willow Run, economics—my professors would say Where the weak grow strong and the strong a youth camp for Christ on the shores of not enough—graduated and went off to grow great, Lake Gaston in North Carolina, and Mrs. Pensacola and became a naval flight Here’s to ‘‘Down Home,’’ the old North Helms later wrote a history of the camp. officer in the late 1960s. I ended up with State! Dot loved politics, and she backed many Patrol Squadron 40 out of naval air sta- candidates through the years. She always ‘‘Where the strong grow great. . . . ’’ kept up with what was going on in the world tion, Moffett, CA. I joined my col- Dot Helms and North Carolina are one and was never without an opinion on an leagues there for several tours of duty and the same. For her family and issue. She was instrumental in the formation in Southeast Asia during the Vietnam friends and a grateful nation, we can of The Jesse Helms Center Foundation in War. turn in comfort to the Second Book of Wingate, N.C. and served on the Board of Di- When we came back to the States Timothy: ‘‘I have fought the good rectors for many years. She was also in- from overseas, I resigned my regular fight, I have finished the race, and I volved with The Helms School of Govern- commission and took a reserve com- ment at Liberty University. have kept the faith.’’ Dorothy was the rock of her family. She mission and moved from California Mr. President, I ask unanimous con- will be missed so much, but the family re- over to Delaware to enroll in the Uni- sent that the obituary of Mrs. Helms joices that they had her for so long. She was versity of Delaware’s Business School from the Jesse Helms Center Founda- predeceased by her husband, U.S. Senator and earned an MBA. tion in Monroe, NC, be printed in the Jesse Helms; her parents; her brother, Jack Literally the first week I was in RECORD. Coble, and her nephew Jack Coble, Jr. She is Delaware, in September of 1973, I got in There being no objection, the mate- survived by her children, Jane Knox (Char- my Volkswagen Karmann Ghia with a rial was ordered to be printed in the lie), Nancy Helms, and Charles Helms (Kath- rebuilt engine and drove up Route 2, leen). She is also survived by her seven Kirkwood Highway, to north Delaware RECORD, as follows: grand-children, Rob Knox (Krystin), Jennifer DOROTHY COBLE HELMS Knox (Shields Carstarphen), Mike Stuart to the VA hospital in Elsmere, which is 1919–2015 (Rachel Foster), Ellen Stuart Gaddy (Will), about halfway between Newark and Dorothy Coble Helms, wife of former U.S. Katie Stuart Power (Andy), Amelia Helms, Wilmington in northern Delaware. I Senator Jesse Helms, passed away on No- and Julie Helms; and six great grand- took my DD Form 214 in with me to vember 6, 2015. She was the daughter of the children, Maggie McGuire, Ryan Knox, Coo- present it to the folks at the hospital late Jacob Lonnie and Coral Beaty Coble. per Knox-Carstarphen, Alex Knox- to see if I was eligible for any veterans Mrs. Helms was born in Raleigh, N.C. on Carstarphen, Beatrix Gaddy, and Conrad benefits, and as it turned out I was eli- March 25, 1919. She was graduated from Hugh Power. Dot also leaves behind many other gible for benefits. Some of the benefits Morson High School in Raleigh in 1936. She family members, including the wonderful people who are forever members of the actually have their roots going all the attended Meredith College from 1936 to 1938 way back to the end of World War II before transferring to UNC-Chapel Hill, Helms Senate family. where she was graduated in 1940 with a de- f when FDR signed—I think in 1944—leg- gree in journalism. She and her roommate, islation creating the original GI bill. Doris Goerch Horton, were the first two REMEMBERING HOWARD COBLE Among the things I was eligible for was women graduates to receive degrees in jour- Mr. TILLIS. Mr. President, I will a home loan in which the VA would nalism from UNC. Both women were report- close by saying that I hope we all re- guarantee a portion of my loan so I ers for The Daily Tarheel, the school news- member another great North Caro- could buy a house sometime later, and paper. Dot, as she was called by her friends, linian who was buried just today, Con- I did. I was also eligible for some med- was the first president of The McIver Dor- gressman Howard Coble. He served 5 ical benefits, including dental benefits. mitory for Women and served on The Wom- en’s Council. She loved to write and wrote years in the North Carolina House and I didn’t realize it at the time, but the many short stories beginning when she was a 30 years in the U.S. House of Rep- VA hospital there was a World War II teenager. Later in life, she delighted her resentatives. He was a great American, relic of a hospital. The morale was not family by telling ghost stories, and it was an and he will be missed. good and the quality of service was not

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.067 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7898 CONGRESSIONAL RECORD — SENATE November 10, 2015 good. If people in the central or south- efit and do something positive with it university—the University of Dela- ern part of our State needed access to for their lives and for their families. ware, Delaware State, Wilmington Uni- a VA medical facility and they didn’t In the wake of World War II, there versity, Delaware Tech or a commu- have it there, they would have to some- was also an emergence of for-profit col- nity college in my State or public col- how make their way up to northern leges and universities and for-profit leges and universities across the coun- Delaware. It is not like driving from trade schools. They called them propri- try—they can go to those schools for one end of California to the other, but etary trade schools, and they did not free—pretty good, free. We got 250 it is a hike. We didn’t have any com- always have the best interests of the bucks a month. They can go for free. munity-based, out-patient clinics in GI at heart. They were not always in- Their tuition is paid for, books are paid Delaware or any other States either at terested in making sure that the GI for, fees are paid for, tutoring is paid the time. man or woman got the training and the for, and they get a $1,500 housing allow- That fall, those of us who were en- help they needed to qualify for jobs, to ance. That is pretty good—very good. rolled in school who were Vietnam War go out there in that day and age and be Just to make sure that we have some veterans, and in some cases other wars, gainfully employed and provide for market forces in place to ensure that were eligible for some benefits. The GIs themselves and their families. Some of these for-profit colleges and univer- who served in the Vietnam war, includ- the nonprofits that operated were very sities are really doing a good job and ing me, were eligible for a GI bill ben- good and did a great job, others not so not just taking advantage of the GIs or efit which was about $250 a month. It much. They took advantage of the GIs, of the taxpayers, we have in place may not sound like a lot of money and ultimately they took advantage of something called the 90/10 rule. It has today, but I was happy to get every taxpayers. been around for a while. The 90/10 rule penny of it. Over a period of time, back then and says that no college or university—for- I continued to fly with a new squad- in the years since then, on the heels of profit college or university, propri- ron at the naval air station in Willow the Korean and Vietnam wars, there etary school, for-profit proprietary Grove, PA—the P–3 Squadron—and emerged an effort on the part of the school or training school—can get continued to track Soviet nuclear sub- Federal Government to try to make more than 90 percent of their revenues marines in oceans all over the world as sure we put in place some market from the Federal Government. But the a ready reservist. I am one of a number forces to ensure that the for-profit 90 percent does not necessarily cover— of people in my family who have bene- schools, or proprietary schools, that it can cover Pell grants and things fited from the GI bill. My father’s gen- were offering the benefits of colleges or other than the GI bill. But the GI bill— eration served in World War II. He was universities—that that college or uni- a school can get all of their money a chief petty officer. His brother and versity would treat the GI fairly, the from Pell grants, and students who are my other uncle served in World War II. way we would want to be treated, and on the Federal dime and continue—Mr. One of them never made it home. He to make sure they got the benefits that President, I am not sure what is wrong was 19 years old in 1944 and assigned to they wanted and that the taxpayers de- with the public address system. I will the USS Suwannee. The aircraft carrier served. try another mic. That is better. There was in the Pacific Ocean when it came I think on the heels of World War II, we go. under attack by Japanese kamikaze there was an 85–15 rule that said if you Today we have a loophole in the 90/10 planes, and he lost his life. His body happen to be a proprietary school and rule that allows a college, university or was never recovered and neither were you were using the GI bill to pay for a proprietary for-profit school to get the bodies of a number of other people benefits for somebody—say you had 100 100 percent of their revenues from the who I guess were on the deck of the students; out of the 100, no more than Federal Government. It doesn’t count carrier when the attacks occurred. 85 of them could be there on the Fed- the money they get from the GI bill. It Other members of my family in my eral dime. The other 15 GIs, if you will, covers Pell grants and other Federal Dad’s generation were able to take ad- had to be there on their own or pay for aid but not the GI bill and not some- vantage of the very first GI bill, which it some way other than through the thing called tuition assistance to Ac- was signed into law in 1944 by Presi- Federal Government. That was an tive-Duty personnel. I suggest that is dent Roosevelt. What happened in the early way to introduce market forces something we need to fix. That is a wake of World War II was a very gen- into the benefits that were being pro- loophole that needs to be plugged. No erous GI bill. At the time, you could go vided so we would end up with schools college or university should make 100 to Harvard on the GI bill, and it was that were working and providing train- percent of their revenues off the Fed- basically fully paid for, plus you had a ing certificates or degrees that were eral Government. housing and living allowance. It was an worth the paper they were written on. The 90/10 rule is well-intentioned to incredible deal, and a lot of people took More recently, something emerged make sure that market forces work, advantage of that, which is good. A lot called the 90–10 rule. The GI bill had but I am sure that people getting their of the folks went to colleges and uni- come and gone. For those who got into education from a source other than the versities, but others went to trade wars in Korea and Vietnam and more Federal Government would ensure that schools. recently in the Persian Gulf in Iraq and the diploma they are getting—the cer- I never really talked to my dad about now Afghanistan—the benefits that are tificate they are getting—is worth this, but I am told that he learned how offered to folks who literally served something and they are able to trans- to do body work and to repair cars that and applied for the GI bill I think after late that into gainful employment. had been wrecked. He went to some 2007 or 2008—that is a very generous GI Several of us, including myself and kind of private school or trade school bill. We sent off about 300 Delaware Senator BLUMENTHAL, have offered leg- and learned how to do that and ended Guard men and women 2 months ago islation to close the 90/10 rule and to up working at Burleson Oldsmobile in from Delaware to go serve in some really go back to the original intent— Beckley, WV, where my sister and I cases in Afghanistan and in other cases to say that no for-profit college or uni- were born. He was able to somehow do maybe in Kuwait and at different duty versity or trade school can get more a good job there and ended up working stations around the world. But I told than 90 percent of the revenues from as a claims adjuster for Nationwide In- them when they went off to deploy the Federal Government. You can add surance and ended up running the na- that when they came back at the end in the GI bill or you can add in Pell tional school for claims adjusters for of their 6, 7, 8 months—whatever it will grants, tuition assistance for Active- Nationwide Insurance. be—that they will come back to the Duty personnel, but that cannot exceed He was a guy with a high school de- best GI bill in the history of the coun- 90 percent—and educational entities’ gree from Shady Spring High School in try. revenues. We need to restore that mar- Beckley, WV, and ended up, with the Here is what they come back to if ket force, that governing, if you will, help of the Navy and the GI bill, with they have served for, I think, 3 years. If to better ensure the integrity of these a wonderful career at Nationwide In- they have served time in those parts of programs. surance. He is sort of a poster child for the world, they come back to a GI bill So I would just say to my colleagues those who were able to take that ben- and if they went to a public college or as we approach this Veterans Day, it is

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.068 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7899 great that we are able to offer a benefit our country and why what they are ceremony. The State did not like the that provides free—I don’t care wheth- doing is wrong. message the defendant’s religious be- er a person is from North Carolina or Many Americans are unaware of the liefs conveyed and so ordered the de- from Utah; they can go to college free substantial threats religious liberty fendant to pay a potentially ruinous and get a housing allowance for $1,500 a faces here in the United States. They fine. month. But I want to make sure that look abroad to the Middle East or to The notion that government can when a GI—I don’t care if it is Army, Africa, where Islamist regimes are kill- override or punish individuals for deep- Air Force, Navy, Marines or what- ing Christians and other dissenters ly held religious beliefs merely because ever—gets their certificate or diploma, from religious orthodoxy, and suppose those beliefs deviate from prevailing it is worth the paper it is written on that by comparison, things are not so views strikes at the very heart of reli- and that they will in some cases be bad here in the United States. While it gious liberty. Religious liberty is the able to go on to graduate school or fur- is true that religious minorities in right of an individual to practice his or ther their learning, but almost in any America do not face death or serious her beliefs even in the face of govern- case that it enables them to go on to a physical harm for choosing to live ment, social or community opposition. job that enables them to be self-suffi- their faith, we must not blind ourselves If all that is needed for government to cient. to the ways in which our government override a person’s deeply held beliefs With that, I am going to yield the institutions are undermining religious is a disagreement over whether the per- floor to the chairman of the Finance liberty itself. We must instead come to son’s beliefs send the right message, Committee, on which I am privileged recognize that powerful forces in our then religious liberty is weak indeed. It to serve, and to say to both of my col- society are working actively to restrict is no longer a preferred value that gov- leagues on the floor here: My best the ability of religious believers to live ernment must make room for but rath- wishes to you and your constituents out their faith and to foist upon them er a common, run-of-the-mill interest and have a wonderful Veterans Day. I government mandates that are flatly that government can override essen- will see you all next week. Thank you. inconsistent with our most deeply held tially at will. The PRESIDING OFFICER. The Sen- beliefs. Recent court cases have undermined I begin with the courts, which I iden- ator from Utah. religious liberty and threaten the in- tified as the first front in the fight Mr. HATCH. Mr. President, I appre- tegrity of our religious institutions in against religious liberty. For a number ciate the work of the Senator from other ways as well. One case, decided of years now there has been a steady Delaware on our committee. He is one by the Supreme Court about 5 years stream of cases in which everyday of the good people around here. ago, held that schools can require stu- Americans have been sanctioned— f dent religious groups to accept non- sometimes severely—for adhering to believers as leaders, even though doing RELIGIOUS LIBERTY religious tenants that conflict with so could undermine the group’s mission Mr. HATCH. Mr. President, I rise current political orthodoxy. The exam- and install as leaders individuals who today to speak once again on the topic ples are myriad. A photographer in do not share the group’s core beliefs. of religious liberty. This is the fifth in New Mexico was fined $7,000 for declin- Other cases have sown confusion about a series of addresses I have given on ing to photograph a same-sex commit- students’ ability to express religious this vitally important subject. In my ment ceremony on the grounds that conviction in school settings. Teachers previous remarks, I have discussed why her religious beliefs teach that mar- and school administrators have barred religious liberty matters, why it is im- riage is a union between one man and students from wearing religious im- portant, and why it deserves special one woman and that she could not in agery, from affirming their faith in es- protection from government inter- good conscience lend her services to says and speeches, and from performing ference. I have also detailed the history the event. A florist in Washington religious music because they fear run- of religious liberty in the United State was fined $1,000 for declining to ning afoul of judicial prohibitions on States in order to show that the desire provide flower arrangements for a State establishment of religion. Other for religious freedom was central to same-sex wedding. And a couple in Or- officials have denied religious groups our Nation’s founding and to the very egon who owned a cake shop were or- access to State facilities to worship or idea of America. From the beginning, dered to pay $135,000 for telling a same- to hold meetings, again fearing poten- religious liberty has been a preeminent sex couple that they could not provide tial lawsuits. value in American life. Government ac- a cake for their wedding ceremony be- commodates religion—not the other cause the shop owners adhere to the But courts are not the only places way around. Lastly, in my previous re- traditional, biblically based view of where religious liberty is under attack. marks, I have sought to explain how marriage. I am sorry to say that the current ad- religion has always had a robust public The message that these court cases ministration has done much to weaken role in our society and to rebut the send is clear: If you are a religious in- religious freedom and to undermine the wrongheaded, ahistorical view that re- dividual with religiously rooted views rights of conscience. ligion is a purely private matter that that differ from the current policies of Certainly, the most notorious in- should be kept out of the public do- the State, you follow your beliefs at stance of the administration’s efforts main. your own peril. Even those who don’t to undermine religious liberty is the Today I turn to the status of reli- endorse the view that it is appropriate ObamaCare contraception mandate. gious liberty in contemporary Amer- for businesses to deny service to cus- This provision requires employers to ican life. My argument is straight- tomers on the basis of deeply held be- provide their employees access to con- forward. In ways that are both sur- liefs must concede that the fines and traceptives and abortion-inducing prising and unprecedented, religious other sanctions in these cases present a drugs even when the employer has pro- liberty is under attack here in the direct threat to religious liberty. found moral objections to such drugs. United States. I speak not merely of Note that there was no suggestion in There is a narrow exemption for houses attacks on particular practices but any of these cases that the defendant’s of worship, but countless other reli- also of attacks on the very idea of reli- refusal to provide services actually gious employers—including religious gious liberty itself—on the idea that prevented the same-sex couple from ob- schools, hospitals, and charities—must there should be room in society for be- taining the desired items. In each case, either comply with the mandate in vio- lievers to live and to worship in ways other photographers, florists, and lation of their religious beliefs or pay that differ from prevailing orthodoxy. bakers without religious or moral ob- substantial financial penalties. The campaign against religious lib- jections stood ready to assist. The The administration has also stripped erty has three prongs: the courts, the State was not stepping in to ensure funding from religious groups that Obama administration, and State legis- that the couple had access to needed refuse as a matter of conscience to toe latures. My goal today is to explain goods and services. Rather, the injury the administration’s line on abortion how each of these institutions is under- to the couple in each case was that the and contraception. In a remarkable and mining the vitality of religious life in defendant would not sanction their shortsighted move, the administration

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.070 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7900 CONGRESSIONAL RECORD — SENATE November 10, 2015 revoked funding for the U.S. Con- it was a correct argument, speaks vol- religion. RFRA says that government ference of Catholic Bishops’ relief pro- umes regarding this administration’s may not substantially burden a per- gram for victims of human trafficking dim view of religious liberty. son’s exercise of religion unless doing because the conference declined on re- More recently, the administration so is necessary to further a compelling ligious grounds to refer victims for has signaled that the forced legaliza- government interest. abortion or contraceptives. So not only tion of same-sex marriage will present The coalition that helped pass RFRA is the administration using the threat religious schools and institutions with included Members as ideologically di- of financial loss to pressure religious significant challenges in reconciling verse as Ted Kennedy, PAT LEAHY, groups to violate their beliefs, but it is school standards with Federal anti- Strom Thurmond, and Phil Gramm. also harming trafficking victims by discrimination laws. Groups from across the political spec- hindering the ability of religious At oral argument in the Obergefell trum such as the ACLU, People For the groups that differ from the administra- case, one of the Justices asked the So- American Way, the Traditional Values tion on matters of conscience to aid licitor General whether a religious Coalition, and the Christian Legal So- victims. school that opposed same-sex marriage ciety strongly supported the bill. Given The administration, too, has put Fed- would lose its tax-exempt status. The this broad ideological support, RFRA eral contractors that subscribe to tra- Solicitor General responded that ‘‘it’s passed the House without recorded op- ditional views on marriage and sexu- certainly going to be an issue.’’ With position and passed the Senate 97 to 3— ality on the horns of a terrible di- those seven words, the Solicitor Gen- nearly unanimous. For a major piece of legislation like lemma. Last year the President issued eral made clear that religious institu- RFRA to pass Congress with only three an Executive order prohibiting con- tions that adhere to traditional views recorded ‘‘no’’ votes was nearly unprec- tractors from taking into account sex- regarding marriage and sexuality— edented and indicated the breadth of ual orientation or gender identity such as by providing housing only to opposite-sex couples—will face poten- support at the time for the view that when hiring employees. The order con- religious liberty deserves special pro- tains no exemptions for contractors tially staggering financial con- sequences for their commitment to tection. with religious affiliations. Under the Twenty years later, however, the President’s order, a contractor with a their religious convictions. The third front in the fight against consensus in favor of robust protection religious mission may be forced to hire for religious liberty has splintered. religious liberty happens to be the an individual who holds views that run Whereas the Federal RFRA was able to State legislatures. In many ways what counter to that mission in order to re- pass Congress almost without opposi- we are seeing at the State level is a main eligible for Federal contracts. tion—the whole Congress, that is—re- mirror of what the administration has The President’s order thus creates the cent efforts to enact State level RFRAs been doing at the Federal level. Just as very real possibility that religiously have run into substantial resistance. the administration has stripped fund- affiliated contractors will have to Efforts in Indiana and Arizona are two ing from religious organizations that choose between impairing the integrity good examples. They ignited media refused to follow the administration’s of their organization and competing for firestorms and generated strong liberal social policies, States have Federal funds. pushback from groups who mistakenly In addition to pursuing these trou- withdrawn funding and licenses from viewed the measures as discriminatory. bling policies, the administration has groups that adhere to traditional reli- It should be emphasized both bills were also taken extreme and unsupportable gious views. Massachusetts, for exam- modeled after the Federal RFRA, but positions in court filings that if adopt- ple, passed a law requiring State-li- the political dynamics have changed so ed would undermine religious freedom. censed adoption agencies to place chil- dramatically over the last 20 years The PRESIDING OFFICER. The Sen- dren with same-sex couples. As a re- that protecting religious freedom has ator’s time has expired. sult, Catholic Charities, which had op- gone from being the rare issue on Mr. HATCH. Mr. President, I ask erated adoption services in the State which all sides agree to becoming a po- unanimous consent that I be permitted for over 100 years, was forced to shut litical hot potato. Some groups that to finish these remarks. down its adoption program. That is supported the Federal RFRA have even The PRESIDING OFFICER. Is there outrageous. Catholic Charities affili- taken the position that future RFRAs objection? ates in Illinois were similarly forced to must contain carve-outs for particular Without objection, it is so ordered. close after the State announced it groups or particular issue areas. Many Mr. HATCH. Before the Supreme would no longer provide funding to of these same groups endorsed an effort Court, the administration made the re- adoption agencies that declined to by Senate Democrats last year to ex- markable claim that Federal law au- place children with same-sex couples. empt from the Federal RFRA all Fed- thorizes the Federal Government to in- Other religiously affiliated groups and eral laws and regulations related to volve itself in the hiring and firing of schools have lost contracts, faced loss health care. Of course any carve-outs church ministers. Specifically, the ad- of accreditation, and have been denied in religious liberty protections under- ministration said that Federal anti- permission to use public facilities be- mine those protections because they discrimination laws override the First cause of their doctrinally based views limit the field on which religious lib- Amendment right of churches to select on family, marriage, and sexuality. erty has full effect. For this reason the whomever they wish as ministers and The mayor of Houston even went so far Federal RFRA contains no such carve- instead allow the administration to ac- as to subpoena internal church commu- outs. Indeed, opposition to carve-outs tually sue a church if it believes a par- nications as part of an intimidation was a key element in both assembling ticular hiring or firing was improper. campaign against churches that op- and maintaining the RFRA coalition This radical position would allow the posed a city nondiscrimination ordi- two decades ago. Even if Members had Federal Government to insert itself nance. Far from treating religious lib- varying views on the merits of certain into some of the most important deci- erty as a preeminent value, many practices, the one thing all could agree sions churches make regarding reli- States and localities have thrust it on is that religious liberty is a funda- gious doctrine and governance. aside in favor of other goals. mental universal value that should Thankfully, the Supreme Court re- Another disturbing trend at the apply equally to everyone, but the jected the administration’s position State level has been the growing oppo- price of admission for many groups unanimously. Indeed, in a striking re- sition to State religious freedom laws. today is a willingness to cut back on buke, the Court called the administra- Over 20 years ago I helped lead a broad religious liberty in instances where re- tion’s claim that the First Amendment bipartisan effort in Congress to pass ligious belief conflicts with progressive provides no more protection to a the Religious Freedom Restoration Act social goals. church in selecting its leader than it or RFRA. RFRA sought to undo a mis- Twenty years ago this sort of hos- does to a ‘‘labor union or a social club guided Supreme Court decision that tage-taking was nowhere on the agen- . . . remarkable.’’ The fact that the ad- authorized Congress and the States to da, but religious liberty has now be- ministration felt comfortable making abridge religious freedom so long as come a secondary goal or worse, an im- this argument, and apparently thought their actions did not specifically target pediment, for many liberal groups that

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.071 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7901 value what they call progressive social curring opinion, one of the judges in and on weapons, but when it comes policy over protecting the rights of be- the case called the requirement to vio- time to fulfill our obligations to vet- lievers. I hate the use of that word late one’s religious beliefs when they erans, too many in this body are not ‘‘progressive’’ because it is anything conflict with State social policy ‘‘the generous enough. but. This backtracking by many stal- price of citizenship.’’ That statement I am the only Ohioan ever to serve a wart defenders of religious liberty rep- represents a complete inversion of the full term on the Senate Veterans’ Af- resents one of the most serious ways relationship between government au- fairs Committee. I take that duty very religious freedom is under attack in thority and religious liberty in Amer- seriously. I know the Presiding Officer, this great country. ica. When we are born or become Amer- Senator TILLIS from North Carolina, I will note one other political sea ican citizens, we do not surrender our does too. That means working to end change that is undermining religious rights of conscience to the government. the VA backlog. It means putting a liberty in the United States. For many We do not pledge our allegiance to a better system in place. It means ensur- years, groups on the left have been ad- secular God. We retain our right to re- ing that our veterans have a roof over vocating for laws to prohibit discrimi- ligious liberty. Indeed, not only do we their heads and a place to call home. It nation on the basis of sexual orienta- retain our right; our government guar- means providing veterans with health tion. I am in general agreement with antees our right to freely practice our care and the educational opportunities such laws and do not believe that sex- faith in accordance with the dictates of they deserve and which they have ual orientation should be grounds for our own conscience. As the Declaration earned. discrimination or mistreatment. Many of Independence instructs, all men— of the groups advocating for these laws and women—are endowed by their Cre- Too many veterans face mental have previously been willing to include ator with certain unalienable rights, health challenges that can end in trag- exemptions for religious organizations and it is the fundamental purpose of edy. More than 8,000 veterans each year that hold traditional views on mar- government to secure those rights. take their own lives—154 a week, 22 a riage and sexuality. I believe such ex- If there is a price we pay as American day. Hundreds of thousands of veterans emptions are appropriate and strike citizens, it is not that we give up our struggle with invisible injuries. Nearly the right balance by protecting rights God-given rights, first and foremost of 300,000 have been diagnosed with post- to nondiscrimination while enabling which is the right of religious liberty, traumatic stress, and 300,000 have faced religious organizations to hold true to it is that we agree to work together to traumatic brain injuries—all because their beliefs. Indeed, I believe it is es- promote the common good of our coun- of the service they gave to us. sential for nondiscrimination laws to try. Earlier this year we passed the Clay properly accommodate religious lib- Subjugating religious beliefs to gov- Hunt Suicide Prevention for American erty, and I would actively oppose any ernment decrees is not the price of citi- Veterans Act. It is a good start yet not such law that fails to account for the zenship. To the contrary, respecting enough. We need to make sure that rights of religious believers. and honoring the fundamental rights of when servicemembers return home, Unfortunately, many groups that all Americans is the price our govern- they have the educational and the em- were previously willing to support reli- ment pays in order to enjoy the contin- ployment opportunities they need, not gious exemptions in nondiscrimination ued consent of the American people. only to survive but to thrive. laws have reversed course. For exam- Those who attack religious liberty and ple, many groups that supported last seek to devalue its place in society fun- The GI bill’s educational benefits are Congress’s Federal Employment Non- damentally misunderstands this key critical, but veterans, unfortunately, discrimination Act or ENDA, which point. have a limited amount of time before would prohibit discrimination in the Unfortunately, too many in America their GI benefits expire. In crowded workplace on the basis of sexual ori- today, from the courts to the Obama colleges—whether in North Carolina, entation, have withdrawn their support administration, to the State legisla- Oklahoma or Ohio—general education for the act because it contains a robust tures, undervalue religious freedom requirements and prerequisites often exemption for religious organizations. and view it at best as a secondary goal. fill up quickly. Many colleges and uni- This Congress, they are instead sup- People of good will in Congress and versities in my State offer priority reg- porting the Equality Act, which con- across our Nation need to recognize istration to veterans. All of our col- tains no religious exemption at all. that religious liberty is under attack leges and universities need to follow I supported ENDA because I believed and that unless we stand up and vo- Ohio’s lead. That is why I worked with it reflected the right balance between cally support the rights of believers to Senator TILLIS, the Presiding Officer, nondiscrimination and religious lib- live their faith, we will find much of on legislation to ensure that all vet- erty. I took some criticism for doing what we have fought for and much of erans and servicemembers and their so. I still believe it does reflect the what our forebears fought for swept qualifying dependents can use their GI right balance, but many groups on the away. We must fortify the rights of be- benefits to their full potential and be left have indicated they are willing to lievers to follow their conscience even guaranteed priority registration. cast religious liberty aside in further- when their fellow citizens or elected of- The Senator from North Carolina and ance of other goals. For these groups, ficials would prefer a different course. I also introduced the Fry Scholarship religious liberty no longer deserves I will have much more to say on this Enhancement Act, which would expand special protection. It is no longer a pre- topic in future remarks, but with that, eligibility for the VA’s Yellow Ribbon eminent value. Rather, it should be ac- I yield the floor. Program to help students avoid out-of- commodated only so far as it is conven- The PRESIDING OFFICER. The Sen- pocket tuition and fees for programs ient and does not interfere with other ator from Ohio. that cost more than the allowance set objectives. This is a sea change and one f by the post-9/11 GI bill. that bodes ill for the future vitality of Sadly, for too many veterans, they religious freedom. SUPPORTING OUR VETERANS are far from the goal where they should I said at the outset that religious lib- Mr. BROWN. Mr. President, this be. They struggle just to find a place to erty is under attack in America in week we honor the men and women call home. ways that are both surprising and un- who serve our Nation with honor and precedented. Certainly the willingness their families who also sacrifice— According to the U.S. Department of of former defenders of religious free- whom we do not remember enough— Housing and Urban Development, some dom to turn their backs on believers is who sacrifice so much for the service- 50,000 veterans were homeless during a both. members they love and for all of us in survey conducted on a single night in I would like to close by returning to our country. January 2014. That is 50,000 too many. the New Mexico photographer case I The sacrifice of our veterans de- It is a disgrace that after serving our mentioned earlier, for that case con- mands that we fulfill the promises we country with honor, thousands of vet- tains perhaps the most surprising and have made. This body is always willing erans are left without a roof over their unprecedented feature of all. In a con- to spend more dollars in armaments heads.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.073 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7902 CONGRESSIONAL RECORD — SENATE November 10, 2015 Earlier this month I visited the Jo- 2005, the first Honor Flight took off them to violate their faith and to be seph House in Cincinnati, where Na- from Springfield, OH. able to put into practice the principles than Pelletier and his team of dedi- A decade later, the Honor Flight Net- of ObamaCare rather than their own cated staff and volunteers provide ad- work is a national nonprofit that has personal faith. diction treatment and traditional flown 100,000 veterans, usually 40 or 50 So the Obama administration is tak- housing. or 60 at a time in a charter flight—al- ing a group of nuns called the Little A group of us meeting there, mostly ways with a caretaker because these Sisters of the Poor all the way to the veterans who are homeless or were veterans are never young. They are Supreme Court to compel them to cave homeless, listened to Britton Carter, World War II veterans. They have been on their faith. That case actually in- who was formerly homeless. He com- out of the service now for 70 years at cludes four universities from my State pleted his treatment program in the least. of Oklahoma as well that are grouped Joseph House. He now works as a case The Honor Flight Program is in 41 together with this group from the Lit- manager there helping other struggling States. I have had the honor of meeting tle Sisters of the Poor that will all veterans. a number of them. Toledo, OH, seems have to go before the Supreme Court to Veterans such as Mr. Carter have to be one which has particularly ex- validate their faith publicly in front of served our country with honor. We owe celled and is encouraging local people, the Nation while the administration them support, and we owe them coun- raising local money and getting every tries to tell them they can’t practice seling when they return home. That is single veteran from northwest Ohio their faith in America. why I joined my colleagues in intro- who was able to and wanted to join f ducing the Veteran Housing Stability these Honor Flights. Act of 2015, which would make mean- I will quote one of these volunteers. GITMO ingful improvements to services for Jim Salamon works for the Honor Mr. LANKFORD. Mr. President, we homeless veterans that would give vet- Flight Program in Dayton. He told me erans more access to permanent hous- also have news this week that the of a volunteer who goes by Ace and President is trying to push through ing opportunities. who works at an Arby’s in Maryland We know in the Veterans’ Affairs Gitmo and he is trying to change and provides discounted meals for Committee a number of things. We Gitmo through some sort of Executive Honor Flight Program attendees. Jim know that the unemployment rate of action. We don’t know exactly what said: veterans is generally higher than soci- that is. ety’s unemployment rate. We know Ace is part of Honor Flight Dayton’s fam- He seems to have this flippant atti- that veterans’ suicide rate is higher ily. We rely on Ace and he has not let us tude about what is going to happen at down. Over the last nine years Ace has saved Guantanamo Bay, saying we can move than society’s suicide rate. We know us more than $30,000 [because of Arby’s do- that veterans’ drug addiction is higher nating these meals], which pays the cost of them into the United States more than society’s drug addiction rate. We transporting 92 veterans. cheaply. Well, I would tell you—as a person who has been to Guantanamo know that veterans have suffered from With an average of 800 World War II Bay and has seen that facility and am PTSD and traumatic brain injury in veterans dying each day, the mission of very aware of what is going on there— numbers much higher than the general the Honor Flight Program is more im- we are missing one big element. The population. That is why we owe them portant now than ever. terrorists do not know who the guards so much. We in this body so rarely I am thankful to those who have think about the cost of war. are at Guantanamo Bay, Cuba. Nor do helped Honor Flight. I am thankful to We, as I said earlier, are willing to they have access to their families. those veterans and their families who send more money to buy more weap- And while they are infuriated about have done so much. ons, to spend more money in arma- Gitmo, I promise you if those prisoners I remind my colleagues, as they are ments. We are not so generous when it are moved into Colorado, Oklahoma or always eager to vote for more money comes time to take care of our vet- Kansas or any other place, the terror- for weapons, that we should understand erans. ists overseas won’t rage about Gitmo and think about the cost of war and anymore, they will then rage about f take care of our returning servicemem- Colorado or they will then rage about HONOR FLIGHTS bers. Illinois or wherever those prisoners are I yield the floor. Mr. BROWN. Mr. President, the last being held. They are not mad at Gitmo The PRESIDING OFFICER. The Sen- point I wish to make before turning to and the treatment there. They are mad ator from Oklahoma. the Senator from Oklahoma is some- that these terrorists, whom they have thing that we call Honor Flights. One f affection for, are being detained by the of the great things that have come out VETERANS DAY United States of America. Right now of the National World War II Memorial all of the individuals who are guarding is that men and women who have Mr. LANKFORD. Mr. President, there is a lot of news that is happening those individuals and keeping them de- served in World War II are now getting tained will no longer be hidden any- the opportunity to go to visit this Na- this week. There are a lot of things going on—an incredible celebration of more because terrorists could linger tional World War II Memorial. around the outside of these facilities Retired Air Force Capt. Earl Morse, veterans and the recognition they are and contact the different guards that who worked in a VA clinic in Spring- very worthy of. That is the 1 percent in are coming in and out. Suddenly, the field, OH, would often talk with his our Nation that actually secures the guards and their family members be- World War II veteran patriots. He real- security of the rest of the 99 percent of ized that for most of these veterans, our Nation. come exposed and the stakes for those their dream of seeing the memorial We could not be more grateful—mem- individuals are exposed. built on the National Mall would never bers of my own family, myself, and the He is not thinking through the real come true. So one day in 2004, Captain proud people of Oklahoma who cele- consequences of flippantly moving Morse, a pilot and a member of the air brate our veterans every single day of these individuals into the United club at Wright-Patterson Air Force the year. We are very pleased to be able States. It is a big issue that we face. Base, asked one of his patients if he to do that. f could personally fly him to Washington f free of charge. The veteran, Mr. Loy, KEYSTONE XL PIPELINE broke down in tears and accepted OBAMACARE Mr. LANKFORD. Mr. President, but I Earl’s offer. Soon Earl was offering to Mr. LANKFORD. Mr. President, we have to say this last weekend, as I was fly other World War II veterans to visit have a lot of information this week going through all the different news the memorial and soliciting help from about ObamaCare hearings. They are and the many things that we track, I other pilots. again back in the news because the ad- was quite surprised last Friday after- Eleven pilots from Wright-Patterson ministration has filed a lawsuit against noon at the way the President ad- Air Force Base volunteered. In May the Little Sisters of the Poor to compel dressed something that this Nation has

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.075 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7903 discussed for 7 years—a pipeline per- was the most jarring to me, so I want the refineries in Mexico actually prefer mit, a permit called the Keystone XL to be able to say this statement to you. the light sweet crude. We actually have Pipeline. This is reason No. 3 the President gave: more light sweet crude in America It is not a revolutionary thing. Quite ‘‘Shipping crude oil into our country than we can use and what our refin- frankly, I wish to show you something. from unstable countries would not in- eries would prefer to have. These are all the pipelines that cur- crease America’s energy security.’’ Let So in the past couple of months, Mex- rently exist in the United States. me read that to you again because I ico and the United States have worked Right now, there are 19 international was so stunned by it. This is exactly a swap from pipelines, where they are crossings of pipelines already coming from the President’s speech off of the picking up about 75,000 barrels of light into the United States, either from White House site. This is what the sweet and swapping us 75,000 barrels of Canada into the northern part of the President said off this statement. He heavier crude because they have a com- United States or from Mexico and from will not permit the Keystone Pipeline modity we want and we have a com- the South. There are already 19 of coming from Canada into the United modity they want. That is how we them. This would just be a 20th pipe- States. He said shipping dirtier crude could solve some of our energy issues, line. There is nothing different about oil into our country would not increase to actually look for what is the most that. America’s energy security. He said: efficient, whether it is purchasing it There are 60,000 miles of crude oil What has increased America’s energy secu- from a pipeline from Canada, which pipelines in the United States right rity is our strategy over the past several makes great economic sense to us, or now. There are about 63,000 miles of re- years to reduce our reliance on dirty fossil exporting our oil anywhere else around fined product pipelines. If you want to fuels from unstable parts of the world. the world, whether to Mexico or any go to natural gas, there are about Now, as I heard the President say other country. 300,000 miles of natural gas pipelines al- that, I was a little taken aback because This body knows full well the United ready in the United States. Yet this I don’t remember any other President States cannot sell our oil on the world pipeline is treated like some radical referring to Canada as an unstable part market because we have a statute in and new invention—as if we have never of the world from which we don’t want place that would have us believe we are considered a pipeline before. But what to get our energy—an unstable coun- running out of oil rather than having a surprised me so much wasn’t the 2,600- try, and saying Canada was that coun- tremendous amount, which is factually plus days that this pipeline request sat try. true, and we have particular types of on the President’s desk. What surprised So I kept reading it and rereading it, oil that like sweet crude many refin- me was his reason for actually deciding thinking maybe he was implying some- eries around the world want. We actu- not to do then the permits. That was thing else, but the problem with that is ally have more of it than we can use. the surprising part. he either means that Canada is an un- Quite frankly, last Friday afternoon We should sell that. We should put that stable country and we don’t want to be as I heard the reasons, I went back, on the open market. It is cleaner, it is reliant on them to get energy or he is read the transcript, and these were the easier to refine, and it is a way to be saying the Middle East and other coun- three reasons the President gave. He able to stabilize jobs in the United tries are unstable and we don’t want to said: No. 1, ‘‘the pipeline wouldn’t States. rely on them, so maybe we should buy make a meaningful long-term con- I have been in front of this body time from Canada instead. Either way it tribution to our economy,’’ and he en- after time with a simple statement: We makes absolutely no sense. couraged us to pass a highway bill in- can sell unleaded around the world, we But in its context—as I read it and stead because it would provide more can sell diesel around the world, we can read it and read it—the President stat- jobs. I don’t remember ever discussing sell coal around the world, and we can ed that we don’t need to have a Key- and saying: This pipeline is going to sell natural gas around the world, but stone Pipeline because Canada is un- provide as many jobs as highways. for whatever reason we can’t sell crude stable and we don’t want to buy from That has never been discussed on this oil around the world. That makes abso- unstable countries. floor. It is apples and oranges. A high- lutely no sense and we should fix it. I would tell you that since the War of way bill is public funding. It is the tax- Tens of thousands of Americans have 1812 we have gotten along with Canada payers that actually fund transpor- lost their jobs because this body has pretty well. We seem to have settled tation, and we should do highways in not acted on something as simple as our differences about 1815, and they transportation. being able to sell a product the world This is a private project that was have been a very stable trading partner wants and we have on the world mar- never intended to have as many jobs as for us. It seems nonsensical to hear the ket. It is fixable. It is not about envi- a highway. It is a pipeline. So he said President say: Because it doesn’t ronmental disaster. The world is going it is not going to provide enough jobs, produce enough jobs, I am not going to to use oil. Even the administration and and so he is not going to permit it. permit it. Because it won’t affect the quite frankly even the President in his The second reason he gave is this: price of gasoline today, I won’t permit own speech made this statement last ‘‘The pipeline would not lower gas it. And because Canada is unstable as a week: The truth is the United States prices for American consumers.’’ He trading partner, I am not going to per- will continue to rely on oil and gas. said gasoline prices are already low, mit it. And so will the world. Until some other and so we don’t need this pipeline—as The President can choose to do what- solution is out there, which no one sees if gasoline prices don’t rise and fall and ever he chooses to do, but answers like currently on the horizon, we are going we shouldn’t plan forward for the fu- this make no sense to the American to continue to use oil and gas. Why ture. people and they make no sense to en- don’t we do it the cleanest way possible Do you want to know why gasoline ergy country when we understand full and why don’t we provide American prices are low right now? It is because well the actual facts on the ground. jobs while we are doing it? over the decades, Americans have done In recent days, we have actually It is fixable. It shouldn’t be divisive. this, and we have an efficient system of started an energy swap with Mexico. It is about putting Americans back to moving energy. By the way, the pipe- Many people may not even know that. work and about helping our economy. line is the safest and least expensive You see, all oil is not the same. Heav- With that, Mr. President, I yield the way to move energy around our coun- ier crude oil is preferred by many of floor. try. So what the President is saying is our refineries in the United States. The PRESIDING OFFICER (Mr. this: What we have is enough. I don’t Quite frankly, our refineries are capa- DAINES). The Senator from Massachu- want to plan for the future anymore. I ble of separating out more of the dif- setts. don’t want to look for what is going to ferent minerals and such that are with- f help our children. Our prices are low in heavy crude or what is often called enough. I don’t care what our children sour crude. Our refineries prefer the VETERANS DAY AND CLIMATE pay in the future days. heavier crude, much like what Canada CHANGE Well, that is absurd. But, quite produces and many parts of the United Mr. MARKEY. Mr. President, tomor- frankly, the third one is the one that States and Mexico produces. Many of row is Veterans Day, and on Veterans

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.077 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7904 CONGRESSIONAL RECORD — SENATE November 10, 2015 Day it is important that we thank resolution to the Senate floor at any terioration caused by human activity. I am America’s veterans and their families time to dismantle the Clean Power convinced we can make a difference and I for their service to our Nation. Vet- Plan. Undoing it would be bad for our have no doubt that the United States—and erans Day is a time to honor all those economy, bad for our health, and bad this Congress—have an important role to play. Now is the time for courageous actions brave men and women who put them- for our national security. and strategies. selves in harm’s way so we may enjoy Now, 2014 was the hottest year in the tremendous freedoms and personal global history. Records go back all the He is right. The Pope is right. This is liberties that make our Nation the way to 1880—the warmest year. The the time for action from Congress—not greatest in the world. Such bravery de- first half of this year is now the hot- denial, not obstructionism. Now is the serves our unending gratitude. test January to June in that same time for the United States, for this We have an obligation to honor them record. The Clean Power Plan captures Senate, to be the leader in finding the all year-round by fighting to ensure the scientific urgency and the eco- global solutions to this threat of dan- they have the resources, the support, nomic opportunity necessary to avoid gerous climate change. and the protections which they have the worst consequences of climate So what the Pope did was take the earned. They fought for us, and now we change. The Clean Power Plan provides message of Christ and not deliver a need to fight for them. When we send flexibility to the States to find the so- ‘‘Sermon on the Mount,’’ he delivered a our men and women in uniform abroad, lutions to reducing carbon pollution sermon on the Hill—a sermon on the we can be confident they will do their that works best for their situations, Hill to the Members of the House and utmost to complete their missions. Our unleashing a clean energy revolution in the Senate to do everything they can mission, as Senators, is to minimize every single State in the Union. It will to reduce dangerous greenhouse gases. the need to send our armed services create jobs and save consumers billions In saying that to us, he said it as some- members into harm’s way. The root on their electricity bills. It will avert one who taught high school chemistry, causes of overseas conflict are complex almost 100,000 asthma attacks and pre- as someone who knows this issue—a and diverse, from religious divisions to vent thousands of premature deaths. Pope who taught chemistry. The Pope natural resource allocations, to demo- The climate and health benefits of the did not believe that science is at odds cratic yearnings. Increasingly, in the rule are estimated to save $34 billion to with religion. The Pope believes modern era, climate change is strain- $54 billion per year by the year 2030. science and technology is the answer to ing the strands of stability until they Using the Clean Air Act to reduce our prayers, and he called upon us to snap. carbon pollution is grounded in the Su- unleash a technological revolution to When I was chairman of the House preme Court’s 2007 decision that con- reduce these dangerous greenhouse Select Committee on Energy Independ- firmed the Environmental Protection gases. ence and Global Warming, I held a 2007 Agency’s authority to regulate carbon Why do we know that we can do this? hearing where one U.S. general told the dioxide and other heat-trapping gases It is a moral imperative. The Pope ba- story of Somalia, how drought in So- as pollutants under the Act. The Su- sically said three things: No. 1, the malia had caused a famine and how preme Court has reaffirmed that au- planet is dangerously warming and the that famine had ultimately then led to thority in two subsequent cases, and science confirms that; No. 2, human ac- and encouraged a conflict. The pattern we have used that authority to set car- tivity is largely contributing to the in Somalia is the same pattern that we bon pollution standards for vehicles. warming of the planet and the science see in other countries: drought leading These standards, along with increasing confirms that; and, No. 3, since human to famine, leading to fights between the fuel economy of our Nation’s cars beings are causing this problem, they different tribes or peoples who other- and trucks, are reducing pollution, sav- have a moral responsibility and a wise had no reason to fight. Aid came ing drivers money, and sparking inno- moral imperative to do something in from the United States, warlords vation. We will see similar benefits about it. We are the United States of started to fight over it, and that is how coming from the Clean Power Plan. America. We are the global leader in 18 U.S. service people lost their lives in Some of my colleagues in the Senate technology. We are the revolution. So what we now call ‘‘Black Hawk Down.’’ say it can’t be done. Some will say it let’s see how far we have come in a In 2010, terrible droughts in Russia will raise electricity bills. Some will very brief period of time. and China and floods in Pakistan deci- say it will kill jobs. The problem for In 2005, we installed 79 megawatts of mated wheat harvests and created a them is their claims are just not true. solar in the United States. Solar tech- global shortage. The price of wheat in- The Clean Power Plan is a plan to cre- nology had been around for genera- creased dramatically. The Middle East, ate jobs and to grow our economy. It is tions. Einstein actually won his Nobel home to the world’s top nine wheat im- a signal to the marketplace to invest Prize for breakthroughs in solar re- porters, felt it severely, especially in clean energy—in wind, in solar, and search. Yet this is where we were in since the region’s farmers struggled other renewable energy resources. That 2005; a tiny 79 megawatts was all we with their own parched fields. Much of is the 21st century. Too many people were able to install. Then we began to Syria was gripped with the worst on the Senate floor keep looking at the change policies in the United States. drought it had ever experienced. The future in a rearview mirror. They keep We began to have States across the price of bread skyrocketed across the looking backward instead of ahead, country, 30 States, which said we are region and demands for regime change unleashing the technologies of the 21st going to have more renewable elec- were not far behind. century. The green generation, the tricity in our States. We put tax As we look around the world, we can young people in our country, they breaks on the books, and look what see, hear, and feel how climate change know we can do this. They know re- happened in that very brief period of is a threat multiplier and a catalyst for newables are the technologies of the time. By 2014, nearly 7,000 megawatts conflict today. While we have to deal 21st century. If we do it, it will be a in solar were installed in 1 year, up with the consequences of climate signal to the rest of the world that the from 79, 100 times more solar, after not change that are already apparent, United States is going to lead the ef- doing anything for generations. Poli- there is still time to prevent future ca- fort to reduce greenhouse gases, while cies were put on the books. All the tastrophes. That is why President unleashing a job-creating renewable deniers, all those doubters—all of a Obama has been using the tool he has energy revolution not just for our own sudden everything they said about how in the Clean Air Act to reduce carbon country but for the entire planet. solar wasn’t practical, solar couldn’t pollution. He has used it to increase Just 2 months ago, in September, solve the problem—were confronted the fuel efficiency of America’s cars Congress had the honor of hearing from with this reality. and trucks, and now he has released Pope Francis, who shared his message This year nearly 8,000 megawatts are the Clean Power Plan, but Republicans of action. He told us the American peo- going to be installed; next year, 12,000 want to undo it with the Congressional ple can do it. He said: megawatts of solar. We are going to Review Act. I call for a courageous and responsible ef- have 40,000 megawatts of solar installed Starting next Monday in this Cham- fort to redirect our steps and to avert the by the end of next year in the United ber, Senate Republicans can bring the most serious effects of the environmental de- States—40,000—and we were doing 79

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.078 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7905 total in 2005. That is how rapidly it is about two issues that are of particular Reserve maintenance and life exten- changing. That is how many new jobs importance to me. When most look at sion, hopefully for marine terminals, are being created in America. me now, they think about energy and but effectively recognizing that we The same thing is happening in wind. more typically about Alaskan energy. I need to make sure that our SPR actu- Wind is going to be producing 20,000 am not going to disappoint tonight. I ally functions as it is intended. That new megawatts in just 2015 and 2016. would like to speak to that, but I study is underway. We will learn more, So here is the good news, and it is in- would also like to speak this evening hopefully in the spring, but the impera- credibly great. There will be 300,000 about the Strategic Petroleum Re- tive to have a functioning, workable jobs in the wind and solar sector by the serve, the SPR. We have been talking SPR is one that goes to national secu- end of next year, 300,000 people work- about it a lot of late. It has been rity, really, from an overall stability ing. There will only be 65,000 coal min- viewed as a source of revenue—a pay- argument. I remain opposed to sugges- ers, but we will have 300,000 people with for, if you will—with certain measures tions by some that we should use the these incredible jobs in wind and solar. that we have seen of late, whether it be Reserve to pay for completely unre- That is a revolution that wasn’t on the the transportation measure that we lated programs or that we simply sell books just 10 years ago. All the experts have in front of us, the budget deal off the entire stockpile, as some have said it can’t happen, it won’t work, and that was executed a couple weeks ago, suggested. it will never be successful. or other measures. As I wrote in my July report of this So these revolutions are the things I want to take a few minutes this year called ‘‘A Turbulent World,’’ we on which we have to continue to be the evening to talk about the Strategic Pe- have drawn down SPR only on a lim- leaders to ensure that we put on the troleum Reserve. I will start by first ited number of occasions. In the entire books and keep on the books so that we addressing what I will call the flagship history of the Reserve itself, only ap- are successful. There is a technological SPR. It is the very important stuff, if proximately 166 million barrels have imperative that we lead, there is an you will, within the Reserve, and that ever left the storage sites for any rea- economic imperative that we lead be- is the crude oil. I call this the flagship sons. So 166 barrels have been sold off cause these jobs get created, and there because there are five product petro- over the course of the life of the Stra- tegic Petroleum Reserve for exchanges, is a moral responsibility that the leum reserve sites in the Northeast. We United States has because we were the emergencies, tests, deficit reductions. have product reserve sites for gasoline, leading polluter for 100 years on the Everything that we have ever done distillate, and home heating oil, but planet. China has now caught up to us, that has involved a sale of the SPR to- these are relatively small reserve sites. but a lot of that CO is red, white, and tals just about 166 million barrels. 2 There are about 2 million barrels total. blue. That is this graph over here. Mr. President, I ask unanimous con- I think their effectiveness is probably Over here are the new proposed sales sent for 1 additional minute. more controversial. But the flagship to the Strategic Petroleum Reserve. If The PRESIDING OFFICER. Without SPR is truly—when we think about the we add up the barrels this Congress— objection, it is so ordered. impact, the import to our economy and the 114th Congress—has already com- Mr. MARKEY. So here is where we to a level of stability, the flagship mitted to sell for SPR modernization, are: The President is going to use all of Strategic Petroleum Reserve occupies the Bipartisan Budget Act, the DRIVE his legal authority to reach a deal in giant underground caverns along the Act, the Transportation bill, and then Paris. He will do it pursuant to the gulf coast. a bill over on the House side, the 21st United Nations Framework Convention I had the opportunity to visit the site Century Cures Act, we are looking at a on Climate Change that was signed by of one of our Strategic Petroleum Re- total of 279 million barrels to be sold President George Herbert Walker Bush serves. It holds some 695 million bar- off. That is 40 million for SPR mod- and ratified by the Senate in 1992, so rels, and they are ready to cover our ernization, 58 million for the Bipar- everything he is doing in Paris is com- Nation’s net imports for several tisan Budget Act, 21st Century Cures pletely pursuant to a treaty that was months if global energy markets Act is 80 million, and the highway bill agreed to by this body. He is doing the should spiral out of control. is 101 million. We would be selling off Clean Power Plan to reduce greenhouse The comforting reality about these 279 million barrels total. Think about gases by 30 percent by the year 2030 in flagship SPRs is that, through thick that—in the entire life of the Strategic the electric utility sector, by the Clean and thin, these reserves are rarely ever Petroleum Reserve, 166 million barrels Air Act of 1990, a law passed by the tapped. They have offered a measure of sold off. In one Congress, what we are Senate. He increased the fuel economy security and stability that I think is proposing is 279 million barrels. It is standards to 54.5 miles per gallon by unique in the history of global com- quite eye-catching. the year 2025, still the largest reduc- merce. These numbers matter. The SPR is tion of greenhouse gas in the world’s Amid higher levels of domestic pro- designed to provide 90 days of net im- history, pursuant to a law passed in duction and lower levels of imports, a port protection. It is a pretty simple 2007 by the U.S. Senate. number of reforms are being considered math equation we are dealing with. If Underlying it all is an authority for the SPR by the Department of En- we import more, we need more in stor- given to him by the Supreme Court in ergy now. There has been a lot of dis- age; if we import less, we need less. 2007, in Massachusetts versus the EPA, cussion. There is a study underway by Currently, net imports are about 5 mil- which mandated the EPA had to act if the DOE, and a discussion about up- lion barrels per day. Therefore, the they found there was an endangerment grading the distribution capacity of bare minimum we need in storage is 450 of an environment. All of this is legal, the SPR is underway, and it clearly million barrels. So if we execute all of all of it is authority the President is has merit. the sales the 114th Congress has either using, and all of it is working to create The North American energy land- approved or is considering, we dip a new era of clean energy jobs all scape has changed so quickly and so below the bare minimum that is re- across our country so that we are no dramatically that the volume of oil we quired—the 450 million barrels—by the longer preaching temperance from a can pump out of the Reserve is greater end of the 10-year window. I am going barstool to the rest of the world. We and potentially much greater than the to be releasing another report on the can now say to China and to India: You volume of oil we can actually move to cumulative impact of all these sales on too must put your reductions on the refineries. This is something we need the integrity of the Reserve, so we books. to understand and study more, but it is should be seeing that in a few days. Mr. President, I yield the floor. something that—we have congested f The PRESIDING OFFICER. The Sen- waterways, we can look at reversed ator from Alaska. pipelines and so on, ways that we can PETROLEUM ADMINISTRATION FOR DEFENSE DISTRICT 5 f figure out how we can move this oil more readily if we so need it. Ms. MURKOWSKI. Now, Mr. Presi- STRATEGIC PETROLEUM RESERVE In the measure we have just executed dent, I would like to turn quickly to a Ms. MURKOWSKI. Mr. President, I with the budget proposal, there is fund- Department of Energy proposal to con- come to the floor this evening to talk ing set aside for Strategic Petroleum struct a new petroleum product reserve

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.080 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7906 CONGRESSIONAL RECORD — SENATE November 10, 2015 on the west coast. We call this PADD 5, of the land in our State. More than 10 letting a State that wants to produce short for Petroleum Administration for billion barrels of oil are buried under oil go ahead and produce the oil? To me Defense District 5. PADD 5 is impor- our onshore Federal lands alone, to say that is sound, strategic thinking. That tant because it consumes 17 percent of nothing of what is held in our offshore would be a policy that benefits us in- the Nation’s gasoline, 13 percent of its waters but remain almost universally stead of simply costing more money diesel fuel, and 30 percent of its jet inaccessible to American explorers and that we don’t have. That is the kind of fuel. producers. That includes about 10 bil- thinking that I believe our Nation and At the same time, PADD 5 is geo- lion barrels in the nonwilderness por- our future generations should have. graphically isolated, according to the tion of ANWR, where we are asking for f Energy Information Administration. permission to develop 2,000 acres or 0.01 INTERNET SERVICES AND TECH- The approximately 30 refineries oper- percent of the surface of the refuge. NOLOGY RESOURCES USAGE ating on the west coast are responsible That is all we are asking to access. Be- RULES for supplying nearly all of its petro- yond our ANWR resources, we have at leum products. least another 900 million barrels in our Mr. BLUNT. Mr. President, I wish to The argument for a product reserve National Petroleum Reserve, which is inform all Senators that on November is relatively straightforward. Because an area that is specifically reserved for 9, 2015, the Committee on Rules and PADD 5 is separated from the rest of development. The estimate on the 900 Administration adopted the U.S. Sen- the country by the Rocky Mountains million barrels there is that it is likely ate Internet Services and Technology and from the world by the Pacific far too low. Resources Usage Rules which will su- Ocean, a stockpile of refined fuel For the record, I would add that persede and replace the U.S. Senate should be established. That is the argu- Alaskans overwhelmingly support de- Internet Services Usage Rules and ment that is out there. I don’t oppose a velopment of both of these areas. More Policies previously adopted in 2008. study of this concept, but I can see the than 70 percent of Alaskans want de- Given the many advances in tech- pitfalls out there. PADD 5 imports over velopment, understanding the signifi- nology since the last regulations were 1 million barrels of crude oil and petro- cant economic benefits it will bring adopted, an update was required to fa- leum products each day, suggesting and the strong record of environmental cilitate the use of modern communica- that it really is not cut off from the stewardship we have in the State. tion tools. The new regulations mod- world in the first place. And bear in We have an opportunity. We have an ernize our rules so Senate offices can mind the size of the district that we opportunity to develop our resources in utilize new technologies, such as third- are talking about. Any stockpile would order to create jobs, generate revenues, party social networking sites and data have to be really enormous to have sig- and bolster our Nation’s security and analytics, to more effectively commu- nificant impact. competitiveness. By doing this, we can nicate with constituents. Finally, would Federal gasoline re- actually address not just one but two While in some cases, outmoded re- serves supplement or replace commer- threats: First, the Trans-Alaska Pipe- strictions on these technologies have cial stocks? That is a question that line is just one-third full; in large part been eased, certain restrictions nec- needs to be asked. because of the anti-energy decisions essarily remain in place including pro- So perhaps the solution is not a re- made by this administration and the hibitions on campaign content or links fined product reserve at all but instead west coast is more vulnerable to supply on official sites, for example. The regu- a return to basics, and that basic is disruptions as a result of falling pro- lations should be reviewed carefully to crude oil. After all, there are reasons duction. see where new methods have been au- we chose crude oil instead of the prod- You think about a crisis situation in thorized as well as what restrictions ucts when we first created the Reserve. the Middle East. The west coast will remain. By and large, that rationale hasn’t need more oil. Its refineries are ready These rules are effective imme- changed. First, oil is better suited, to run Alaskan crude and Alaskans are diately. I hope Senate offices will be chemically and economically, for long- ready to ship it, but there is nothing to able to make use of the new tech- term storage underground, we don’t ship because the oil is still in the nologies and methods they authorize to have seasonal specifications on oil as ground and there is no way to trans- enhance constituent communications. we do on gasoline, and oil can be proc- port it from the North Slope to the ter- Mr. President, I ask unanimous con- essed into an array of products while minals along the southern coast of the sent that the text of the rules as adopt- gasoline cannot. State. ed be printed in the RECORD. Very quickly, taking this back to I am not talking about keeping our There being no objection, the mate- Alaska, a gasoline reserve on the west oil in pristine condition, never to be rial was ordered to be printed in the coast of any size would be small pota- used. Energy is not fine china that you RECORD, as follows: toes when compared to the incredible keep up on a shelf. The Strategic Pe- U.S. SENATE INTERNET SERVICES AND TECH- resource base we have in Alaska. For troleum Reserve is not a petroleum NOLOGY RESOURCES USAGE RULES ADOPTED decades now, tankers have shipped preserve. Our strategic stocks, barrels BY THE COMMITTEE ON RULES AND ADMINIS- North Slope crude to the line of refin- ready to go, should rarely be tapped, TRATION ON NOVEMBER 9, 2015 eries that stretch from Anacortes, WA, but Alaskan resources are already part 1.0 DEFINITIONS down to Los Angeles. Drivers up and of the daily life of Californians, Hawai- For purposes of these Rules, the following down the coast fuel their cars with gas- ians. The resource must be accessible, terms shall have the meaning specified— 1.1 Senate Office. Means— oline that is refined from this Alaskan though, but first they need to be 1.1.1 A Member or Member office; oil every day. accessed. 1.1.2 A Committee Chair, Committee Alaska North Slope crude oil is Opening Alaska’s resources now Ranking Member or Committee office; chemically similar to the kinds of oil would ensure that more oil is trans- 1.1.3 Senate Officers; and stored in the SPR. In fact, according to ported through TAPS. A healthy pipe- 1.1.4 Leadership Offices. the Department of Energy, over 30 mil- line would ensure that oil can be 1.2 Senate Rules Committee. Means the U.S. lion barrels of Alaskan oil have been Senate Committee on Rules and Administra- shipped from Alaska to fuel the west tion. stored in the Strategic Petroleum Re- coast refineries when they need it and 1.3 Senate Internet Services. Include, but serve. West coast refineries are opti- help ensure that energy remains afford- are not limited to, the Senate Computer Net- mized to run Alaskan crude. The able for the west coast. work, World Wide Web, electronic mail, Trans-Alaska Pipeline System is only Instead of constructing an entirely blogs, Podcasts, and streaming media used pumping about 500,000 barrels per day, new product reserve, as some are con- for official purposes. down from 2 million barrels per day at templating, perhaps what we should do 1.4 Senate Technology Resources. Include, its peak. So there is plenty of room in is preserve the infrastructure we have but are not limited to,— 1.4.1 Hardware such as servers, computers, our already built, already operating already built and leverage it to boost laptops, telephones, cell phones, wireless de- pipeline. The problem is—and you have our energy security. Why would we vices, and software that are owned, managed, heard me say this before—the Federal want to build a reserve when you can maintained, leased, or otherwise provided by Government controls some 60 percent prevent a shortage in the first place by the U.S. Senate or a Senate office; and

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.081 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7907 1.4.2 Handheld communications devices, 2.4 Oversight of Internet and Information maintained by the Committee Chair or the including tablet computers, and associated Security. It is the responsibility of each Sen- Committee Ranking Member, must include information technology services, including ate office to oversee the use of Senate Inter- the name of the Committee or an abbrevia- dual use devices that meet the limited excep- net Services and Senate technology re- tion thereof, but may not include a Mem- tion provided by the Senate Select Com- sources by that office and to ensure their use ber’s name. mittee on Ethics. is consistent with the requirements of these 4.3.3 Senate Officer. The username, display 1.5 Official Senate Office Website. Means a Rules and applicable laws and regulations. name, or title of a Senate Officer’s website website supported by Senate resources and The office has sole responsibility for effec- must include the name of the Office or an ab- dedicated to official business of the Senate tively applying and complying with informa- breviation thereof, but may not include the Office. tion security guidelines set out by the Sen- Officer’s name. 1.6 Official Third-Party Website. A Third- ate Sergeant-At-Arms. 4.3.4 Leadership Office. The username, dis- Party Website means any website or online 2.5 Decorum Rule. Use of Senate Internet play name, or title of the Leadership Office application, profile, or channel residing out- Services and Senate technology resources to website must include the name of the Office side of the Senate.gov domain and available impute to another Senator or to other Sen- or an abbreviation thereof. to the general public, including but not lim- ators any conduct or motive unworthy or un- 4.3.5 Identifying Statement. The website ited to social media (e.g., Facebook, Twitter, becoming a Senator, or to refer offensively shall display a statement identifying the ac- etc.). An Official Third-Party Website is a to any State of the Union, is prohibited. count or profile as the ‘‘official account of’’ Third-Party Website that a Senate Office 2.6 Personal Use. Senate Internet Services the Member, Committee, Leadership Office, uses for official business pursuant to these and Senate technology resources are pro- or Senate Officer, as applicable. rules. vided for the conduct of official business. 4.4 Use of the Senate Seal. Use of any like- 1.7 Official Website. Means an Official Sen- Personal use is permitted on a de minimis ness of the Seal of the United States Senate ate Office Website or Official Third-Party basis only in a manner that does not super- on a non-Senate website or application is Website. sede or contradict these Rules such as the prohibited. 1.8 Official Business. Means activities and general rule prohibiting the use of Senate 4.5 Security. Use of an Official Third-Party duties which directly or indirectly pertain to Internet Resources and Senate technology Website determined to pose a possible threat the legislative process or to any congres- resources for campaign, fundraising, com- to the security of the Senate computer net- sional representative functions generally, or mercial and promotional purposes. work shall be discontinued, per the direction to the functioning, working, or operating of 3.0 OFFICIAL SENATE OFFICE WEBSITES of the Senate Rules Committee, until the the Congress and the performance of official risk is fully assessed and the risk mitigated 3.1 Host Domain. An Official Senate Office duties in connection therewith, and shall in- to a level acceptable to the Senate Rules Website must be located in the ‘‘senate.gov’’ clude, but not be limited to, the conveying of Committee. host domain. information to the public, and the requesting 4.6 Last Day of a Member’s Term. A Mem- 3.2 URL Name. The URL name of an Offi- and collection of the views of the public (in- ber’s official account on an Official Third- cial Senate Office Website located in the cluding through surveys, opinion polls, and Party Website cannot be supported by Sen- ‘‘senate.gov’’ domain is limited to one of the web data analytics), or the views and infor- ate resources beyond the last day of the mation of other governmental entities, as a following formulations— 3.2.1 Member Website. Must contain the Member’s term. Official Third-Party guide or a means of assistance in the per- Websites must be deactivated or converted formance of those functions. Member’s last name. 3.2.2 Committee or Senate Officer Website, at the expiration of the term. Converted 1.9 Campaign Purposes. Include, but are third-party websites cannot be supported not limited to,— including a Committee website maintained by the Committee Chair or the Committee Ranking with Senate resources and may no longer be 1.9.1 Solicitation of political support for identified as official. the sender or any other person or political Member. Must contain the name of the Com- 5.0 LINKS BETWEEN WEBSITES party, or a vote or financial assistance for mittee or title of the Senate Officer. any candidate for any political office; or 3.2.3 Leadership Offices. Must contain the 5.1 The following is prohibited— 1.9.2 Matter which mentions a Member or name of, or acronym for, the office. For ex- 5.1.1 Linking or posting from an Official a staff member of a Member as a candidate ample, the offices of the Senate Majority Website to campaign, fundraising, commer- for political office, or which constitutes elec- Leader, Senate Minority Leader, Senate Ma- cial, or promotional sites except as provided tioneering, or which advocates the election jority Whip and Senate Minority Whip for in section 5.3. or defeat of any individuals, or a political websites may utilize: Majority Leader, Ma- 5.1.2 Linking or posting from an Official party. jority Whip, Minority Leader, Minority Website to a Member’s campaign or personal 1.10 Commercial Purposes. Include, but are Whip, Republican Leader, Republican Whip, website. not limited to, direct or indirect pursuit of Democratic Leader, Democratic Whip, as ap- 5.1.3 Linking or posting from a campaign private commercial business activities or propriate, to access the website directly or website controlled by or under the direction profit-making ventures or advertising there- via a URL redirection. Web domains are to of a Member or group of Members to an Offi- for, direct or indirect solicitation of funds or be surrendered in the event of a change in cial Website. the purchase of goods or services, and identi- leadership. 5.2 The following is permitted— fication and solicitation of investors or other 3.3 Task Force, Caucus, and Issue-Oriented 5.2.1 Linking or posting from an Official sources of capital for for-profit enterprises. Websites. Use of the ‘‘senate.gov’’ host do- Website to another Official Website of the 1.11 Fundraising Purposes. Include, but are main for task force, caucus, or other issue- same Member. not limited to, direct or indirect solicitation oriented websites is prohibited. However, 5.2.2 Linking or posting from an Official of funds, pledges or other types of contribu- this does not prohibit a Member from ref- Website to another Member, Committee, tions, e.g., for political parties or campaigns, erencing such issues or a task force on an Of- Leadership Office, or Senate Officer’s Official nonprofit or charitable organizations, or dis- ficial Website. Website. aster or humanitarian relief efforts. 3.4 Senate Staff. Senate staff are prohib- 5.2.3 Linking or posting from a Member’s 1.12 Promotional Purposes. Include, but are ited from establishing or maintaining an Of- personal website to a Member’s Official not limited to, publicizing or advertising a ficial Senate Office Website in their own Website. product, organization, institution, or ven- name in the ‘‘senate.gov’’ domain. 5.2.4 Linking or posting from a Member’s ture so as to increase sales or public aware- 4.0 OFFICIAL THIRD-PARTY WEBSITES AND Official Website to an official government ness. OFFICIAL ACCOUNTS website, including an official federal, state, or local government site. 2.0 SCOPE, RESPONSIBILITIES, AND PROHIBITED 4.1 In General. A Senate office may main- 5.3 Linking or posting from an Official USES tain an official account or official public pro- Website to non-governmental sites (includ- 2.1 . Use of Sen- file for each Official Third-Party Website. Official Business Use Only ing commercial and promotional sites) only ate Internet Services and Senate technology 4.2 The Senate Rules Committee main- for official business purposes is permitted, resources is for activities and duties directly tains a non-exhaustive list of approved sites provided the Senate office does not endorse, connected with the official business of the that have a terms-of-service agreement with direct, control, support or discourage action Senate. the Senate. Use of an Official Third-Party by the non-governmental organization by 2.2 Prohibited Uses. Use of Senate Internet Website not on the approved list may be re- means of the post or link. Links to fund- Services and Senate technology resources for stricted for security reasons and/or for fail- raising or campaign sites do not fit within campaign, fundraising, commercial, or pro- ure to comply with applicable Senate rules this exception and are prohibited. motional purposes is prohibited, except for and regulations. authorized ‘‘dual use devices’’ which, subject 4.3 An Official Third-Party Website shall 6.0 SPECIAL RULES FOR 60-DAY MORATORIUM to certain restrictions, may be used for both identify itself as follows— PERIOD campaign and official business purposes. 4.3.1 Member. The username, display 6.1 For purposes of this section, the fol- 2.3 Use of Official Websites. Information name, or title of the Member’s website must lowing terms shall have the meaning speci- provided on or through an Official Website include the title ‘‘U.S. Senator’’ or an abbre- fied— must relate to activities and duties directly viation thereof and the Member’s last name. 6.1.1 Moratorium period. Means the 60 days connected with the official and representa- 4.3.2 Committee. The username, display immediately preceding the date of any pri- tional business of the Senate. name, or title of the website, including one mary or general election (whether regular,

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.044 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7908 CONGRESSIONAL RECORD — SENATE November 10, 2015 special, or runoff) in which the Member is a tation and community development, the-board reductions to headquarters candidate. and medical research. A strong econ- operations were made by the Depart- 6.1.2 Uncontested candidate. When the Sen- omy and strong communities are the ment of Defense implementing this ate Rules Committee receives written cer- tification from the appropriate state official backbone of our national security, and bill. In talking with military com- that the Member’s candidacy may not be we should not divide our country into manders, I know that cuts at command contested under state law, that candidate is two Americas—defense on one side and headquarters to include U.S. Pacific uncontested. A Member running for re-elec- everyone else on the other. That is not Command, U.S. Pacific Fleet, U.S. Ma- tion in a state that permits write-in votes the way Congress should be doing busi- rine Corps Forces, Pacific, U.S. Army for the Member’s election shall be considered ness, and that is why our military lead- Pacific and Pacific Air Forces, which a contested candidate and is subject to the ers, led by Secretary of Defense Carter, are all based in Hawaii, would impact restrictions in this section. opposed the earlier versions of this our soldiers, sailors, airmen, and ma- 6.1.3 Mass communication. Means an elec- tronic communication including, but not year’s NDAA. rines. limited to, posting to an Official Website, The bill, which we passed 91–3 today, We need to ensure that any reduc- automated telephone calls for events such as comes after passage of the Bipartisan tions are carefully thought out and Tele-Town Halls, and electronic mail trans- Budget Act, which provides balanced take into account the assigned mis- mission of substantially identical content to relief from cuts to ensure we have a sions and right sizing of headquarters 500 or more recipients. strong defense and a strong economy. I to adequately support the demands we 6.2 During the moratorium period, no supported this revised bill. While it was place on our operational forces. I will Member office may seek constituent input or not a perfect bill, it is the result of a inquiries (such as online petitions or opinion closely monitor the Pentagon’s imple- polls) via a mass communication using Sen- bipartisan compromise by the Con- mentation of these provisions going ate Internet Services unless the Member is gress. The fiscal year 2016 NDAA pro- forward. an uncontested candidate. Nor shall a Mem- vides the men and women of our Armed In addition, I want to ensure that the ber do so on behalf of another Member unless Forces with the resources and equip- men and women of the Department the other Member is an uncontested can- ment they need to defend our Nation who travel for extended periods of time didate. and protect its interests. on official business are reimbursed for 6.3 No Member office may transmit an un- I commend Chairman MCCAIN and food and lodging at appropriate levels. solicited mass communication during the Ranking Member REED for their leader- moratorium period unless the Member is an Last year the Department changed how uncontested candidate. A mass communica- ship on the Senate Armed Services these workers are reimbursed, and the tion to a subscriber list or a post on an Offi- Committee in creating and shepherding bill passed today directs the Govern- cial Website available to voluntary followers this vital legislation through this ment Accountability Office, GAO, to is deemed to be solicited and is therefore chamber. The outstanding and bipar- review the issue and report back to permitted during the moratorium period tisan efforts of committee members Congress. I will be tracking the GAO (subject to the limitations of 6.2). will allow the defense authorization report on this important issue, as well 6.4 Communications in the normal course bill to become law for the 54th consecu- of Senate official business such as in direct as the Department’s implementation of response to a constituent, another Member tive year. their extended Temporary Travel Duty, of Congress, or a federal, state or local gov- I am proud to serve alongside Chair- TDY, policy. ernment official and a news release to the man WICKER as ranking member of the While the passage of this legislation communications media are permitted during Seapower Subcommittee and want to is critical, it still contains misguided the moratorium period. thank him for leading the sub- provisions I have long disagreed with 6.5 A Member subject to the restrictions committee which helps ensure that our and that negatively affect our security, in this section shall display the following Navy and Marine Corps forces are as well as the men and women who de- statement on the Member’s Official Senate trained and equipped to conduct the Website homepage: ‘‘Pursuant to Senate Pol- fend this Nation. An area I strongly icy, petitions, opinion polls and unsolicited vital missions they are tasked to com- disagree with is in regard to the re- mass electronic communications cannot be plete. A strong and prepared Navy and strictions on transferring prisoners initiated by this office for the 60-day period Marines is absolutely essential to our from Guantanamo Bay. These harm immediately before the date of a primary or national security strategies in the our security interests and continue to general election. Subscribers currently re- Asia-Pacific region, and this bill sup- undermine our leadership on human ceiving electronic communications from this ports those efforts. rights. We need to work towards a solu- office who wish to unsubscribe may do so This NDAA includes a number of pro- tion to close this facility. here (link).’’ The words ‘‘Senate Policy’’ visions that reaffirm the importance of Despite these concerns, this legisla- must be hypertext linked to these rules dis- the rebalance to the Asia-Pacific; sup- played on the Member’s home page. tion is a product of a sincere bipartisan 6.6 A Member may not use another Senate port the men and women who serve in and bicameral effort to provide the office such as a Senate committee to cir- our military and the Hawaii National men and women of our military the cumvent these Rules. Guard; invest in Hawaii’s military tools and resources it needs to defend f bases, schools, and facilities and those our great Nation. that assess the ballistic missile capa- NATIONAL DEFENSE bilities of rouge nations and the cur- f AUTHORIZATION rent capacity to defend Hawaii against OBSERVING VETERANS DAY Ms. HIRONO. Mr. President, on the missile threats. eve of Veterans Day and the 240th Our support of the rebalance to the Mr. CARDIN. Mr. President, I wish to Birthday of the United States Marine Asia-Pacific is critical. Maintenance of commemorate Veterans Day and to Corps, I rise to speak about the fiscal stability in this region cannot be un- thank all those who have served our year 2016 National Defense Authoriza- derestimated. Continued engagement country for their extraordinary brav- tion Act, NDAA. and partnership with our friends and ery and sacrifice. This legislation has taken a circui- allies in the region is invaluable. By As many of my colleagues know, tous route to get to where it is today. extending the State Partnership Pro- President Woodrow Wilson first estab- The President correctly vetoed the gram, we not only hone the capabilities lished this holiday—originally known original bill as it was a flawed product. and readiness of our National Guard, as Armistice Day—on November 11, It was flawed in the sense that it un- but we gain the dual benefit of enhanc- 1919, to honor the brave Americans who fairly exempted the defense budget ing our partnerships and the capacity fought and died in World War I. After from the same draconian budget caps of regional neighbors. the end of World War II, Armistice Day on nondefense programs by utilizing However, I do have some concerns was expanded to honor all veterans of the overseas contingency operations, with the final bill that I intend to work our military services, and the holiday’s OCO. While this approach would have on going forward. name was changed to Veterans Day. funded the defense bill, it neglected our While my colleagues and I continue My home State of Maryland has a economic security and left unaddressed to work to reduce redundancy and in- long and proud military tradition dat- important national priorities including crease efficiencies with in our military, ing to the first militiamen who set foot law enforcement, education, transpor- I would have serious concerns if across- in the Maryland Colony in 1634; to the

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.044 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7909 War of 1812, where our soldiers fa- ANNIVERSARY OF THE DEATH OF ration to people of all nations who seek mously held Fort McHenry and our na- KEN SARO-WIWA relief from corporate abuse, govern- tional anthem, the ‘‘Star-Spangled Mr. WHITEHOUSE. Mr. President, ment corruption, and environmental Banner,’’ was penned; through both today marks a dark milestone on the ruin. We will remember his noble fight world wars; Korea; Vietnam; the Per- long road to environmental justice. for the basic right of a people to live in sian Gulf war; and our most recent con- Twenty years ago, Nigerian environ- harmony with the Earth. flicts in Iraq and Afghanistan. Mary- mental and human rights activist Ken f land’s veterans and troops represent Saro-Wiwa was hanged, along with NATIONAL DISABILITY the best of our State and our Nation. eight fellow defendants, following an Earlier this year, I had an oppor- EMPLOYMENT AWARENESS MONTH internationally denounced military tri- tunity to help present a Congressional Mr. SCOTT. Mr. President, for Na- bunal. Gold Medal to former Tuskegee Air- Saro-Wiwa was a well-known author tional Disability Employment Aware- man William A. Colbert, Jr., a lifelong and television producer in his native ness Month last month, I congratulate Marylander. Mr. Colbert enlisted in the Nigeria before he chose to devote him- and honor the Palmetto Goodwill in Army Air Force in 1943 and achieved self full time to the causes of the North Charleston, SC, for their out- the rank of flight officer at the Ogoni, a minority ethnic group of standing commitment to service and Tuskegee Army Air Field. While Mr. about 500,000 farmers and fishermen work with the AbilityOne Program. Colbert never saw combat, he learned In 1974, a small group of citizens in who hail from the Niger Delta. As to fly with the best and became a full- the Charleston area wanted to address president of the Movement for the Sur- fledged Red Tail. And as part of the the lack of opportunity for persons first all-Black combat unit in the U.S. vival of Ogoni People—MOSOP—he with disabilities. The Palmetto Good- Armed Forces, Mr. Colbert and his fel- fought against the exploitation of will of South Carolina has answered low servicemen broke through racial Ogoni lands and the Ogoni people the call of service by becoming a part barriers without any expectation of themselves by the oil drilling oper- of the United States AbilityOne Com- fame or fanfare. Their distinguished ations of Royal Dutch Shell. mission network with their Champions As the oil industry grew to represent service and enduring courage played a Program. critical role in the later desegregation the main source of revenue for the Ni- The Palmetto Goodwill has success- of our Nation’s military. Mr. Colbert gerian Government, the delta land- fully implemented the Champions Pro- always considered his contribution to scape was ravaged by oil spills and acid gram which aims to empower citizens the Tuskegee Airmen and his service to rain. Fertile farmland turned to oil- of South Carolina that are blind or pos- our country simply as what he was soaked wasteland. The region’s fish and sessing a disability. Through providing called to do as a citizen. Mr. Colbert wildlife were wiped out—along with the employment opportunities, the Pal- passed away in early June but not be- livelihood of the Ogoni. Out of the en- metto Goodwill is making strides to fore we were finally able to thank him tire 5,000-person workforce employed continue the mission of National Dis- for his extraordinary service to our Na- by Shell in Nigeria, less than 100 were ability Employment Awareness Month tion. Ogoni. throughout the year. Currently 85 per- While we were able to honor Mr. Under Ken Saro-Wiwa’s leadership, cent of their employed staff is persons Colbert, there are thousands of other MOSOP organized hundreds of thou- with a disability. I applaud the stellar veterans who remain nameless. That is sands of Ogoni to demand environ- work of the Champions Program and why on August 5, 2015, I introduced the mental remediation, compensation for therefore recognize the Palmetto Good- Korean War Veterans Memorial Wall of past damages, and a share in oil reve- will. nues. The regime of dictator General Remembrance Act of 2015, S. 1982, f along with the senior Senator from Ar- Sani Abacha responded with a brutal kansas, Mr. BOOZMAN. Our legislation campaign of occupation, mass arrest, TRIBUTE TO MELISSA authorizes the addition of a Wall of Re- rape, execution, and the burning of KALTENBACH membrance to the existing Korean War Ogoni villages. In May 1994, Saro-Wiwa Ms. STABENOW. Mr. President, I Veterans Memorial in Washington, DC. was abducted from his home and wish to honor the service and retire- The Wall of Remembrance would list brought up on charges in connection ment of one of my dear friends and the names of members of the Armed with the murder of four Ogoni leaders. most respected employees, Melissa Forces of the United States who died in He was tried and convicted by a mili- Kaltenbach. Melissa has served me and theater in the Korean war, as well as tary tribunal that governments and the people of Michigan with infinite the number of servicemembers who human rights organizations worldwide loyalty and dedication for the past 27 were wounded in action, are listed as condemned as fraudulent. years. missing in action, or who were pris- On November 10, 1995, Ken Saro-Wiwa Melissa began working for me in the oners of war during the Korean war. was put to death. Michigan House of Representatives and Authorizing a wall of remembrance ‘‘The only crime he and his col- continued her service with me in the here in the United States is just one leagues had committed,’’ reads Saro- State Senate, U.S. House, and now in way we can help ensure that those who Wiwa’s citation for the prestigious the U.S. Senate as my director of con- gave the ultimate sacrifice while serv- Godman Environmental Prize, ‘‘was to stituent services. ing our country in the ‘‘forgotten war’’ demand sound environmental practices In so many ways, Melissa’s job is one are no longer forgotten. and to ask for compensation for the of if not the most important jobs on As America celebrates Veterans Day, devastation of Ogoni territories.’’ my staff. That is because her work im- we stand united in honoring the acts of A human rights lawsuit brought by pacts people where it matters most—in selfless service from our Nation’s vet- Saro-Wiwa’s son and other victims’ their daily lives. Her compassion to- erans. Our veterans and military men families in U.S. Federal court alleged ward the people of Michigan and under- and women and their families need to that Shell bribed at least two witnesses standing of the problems they face has know that we remember them not just in the 1995 tribunal and that Shell’s been instrumental in setting the high on Veterans Day but every single day manager in Nigeria offered Saro- standards for constituent services in of the year. Our veterans have pro- Wiwa’s brother, another jailed activist, my office and throughout the State of tected our country and defended our release from captivity in exchange for Michigan. values. These Americans are the brav- abandoning the movement. That suit She has a unique ability to listen and est among us, and we applaud the innu- was settled by Shell for $15.5 million, understand the needs of people, and she merable sacrifices that they and their just days before going to trial in 2009, demonstrates grace and respect for the loved ones have made for this great following a protracted legal battle. dignity of others, even in the most country. As we celebrate Veterans Day, The Ogoni cause has been taken up stressful times and most difficult cir- our thoughts and prayers are also with by other Ogoni, both within Nigeria cumstances. She has gone above and ‘‘veterans to be’’—the men and women and living in exile, including Saro- beyond in so many ways—incredible who are currently serving our country, Wiwa’s sons. The struggle and death of empathy, unwavering loyalty, and infi- especially those in harm’s way. Ken Saro-Wiwa serve as a lasting inspi- nite patience.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.023 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7910 CONGRESSIONAL RECORD — SENATE November 10, 2015 There really aren’t enough words to Over his long and distinguished ca- not have to pay for any meals or re- describe Melissa’s contributions to my reer, he has truly become a hallmark of freshments and will receive a com- office and to my success in serving the CU football games. I thank him for his memorative shirt and a hat. The fund- people of Michigan over these many many years of excellent broadcasting ing will also go towards the wreaths for years. She has been the go-to person on and wish him a very happy birthday.∑ the ceremonies that will be held at my team to mentor new staff, handle f each memorial and a group photo at challenging cases, and answer those the Capitol to commemorate their spe- WELCOMING RITCHIE COUNTY questions that don’t seem to fall into cial day. VETERANS TO THE NATION’S anyone else’s job description. I am so proud of Kirsten. She has CAPITAL We all wish Melissa continued suc- truly set an extraordinary example for cess and happiness with her family as ∑ Mr. MANCHIN. Mr. President, I wish her generation by giving back to those she begins this new chapter in her life, to recognize with, overwhelming pride, who have served this country and those joining her husband, Tim, in full-time a group of courageous veterans from who have protected our freedoms. It is retirement. Ritchie County, WV, who are visiting the devotion and drive of young people Her friendship and commitment to our Nation’s Capital this Thursday. On like Kirsten that bring our commu- me and to the people of Michigan have behalf of our State and Nation, it is a nities together. I wish her the best of been immeasurable, as is my gratitude true honor and privilege to recognize luck in her future endeavors, and I for her decades of service. While my these heroic men and women and their commend her for making an enormous staff and I will miss her presence in our families for their brave service and sac- impact on the lives of our veterans office, she will forever be an invaluable rifice as they tour the memorials built through this veterans appreciation member and leader of ‘‘Team Stabe- in their honor. tour. now.’’ I have always said that West Virginia Mr. President, I am filled with pride is one of the most patriotic States in f every time I meet the patriots who this great Nation, and we are so proud have served our country, and I am so ADDITIONAL STATEMENTS of the number of veterans and Active- pleased to welcome West Virginia’s Duty members who have served our most courageous veterans who are all country with honor and distinction. heroes to Washington, DC. I encourage REMEMBERING HACKETT MAYOR The 20 veterans and their family mem- JEFF T. HARPER all of my colleagues to join me in sa- bers who are traveling to Washington, luting them. They truly inspire us all ∑ Mr. BOOZMAN. Mr. President, I wish DC, embody our State’s history and as we are reminded of their selfless to recognize the life and legacy of the contributions to the freedom of this service. It is because of their bravery mayor of Hackett, AR, Jeff Harper, Nation. They may represent different that all Americans enjoy the greatest who passed away on Thursday, Novem- generations of warriors, but no matter liberties and freedoms in the world. We ber 5, 2015. the war or the era, no matter the rank, whole heartedly thank them.∑ Affectionately known as Papa Bear each and every one of them coura- f to many, Mayor Harper dedicated his geously answered the call of duty to life to serving the citizens of Hackett. defend our Nation and protect the free- TRIBUTE TO JUDGE GEORGE Mayor Harper worked for the street de- doms we enjoy as Americans. In our HEALY partment and served as a firefighter for time of need, they stepped forward and ∑ Mr. WHITEHOUSE. Mr. President, I a decade, eventually becoming the fire said, ‘‘I’ll do it—I’ll protect this coun- wish to pay tribute to a Rhode Islander chief of Hackett. His commitment to try.’’ whom I have known and admired for the city of Hackett led him to run for This trip will be a truly moving and nearly 30 years: George Healy, chief mayor. He was elected in 2014 and special experience for these veterans, judge of our State’s Workers’ Com- served Hackett honorably the entirety many of whom have never been to the pensation Court, who retired in July of his all too short time in office. memorials that were built for their after 24 years on the bench. A number I am greatly appreciative for Mayor service. It will include wreath-laying of George’s colleagues will be gath- Harper’s noble service to the city of ceremonies at the monuments that ering on November 19 to honor his Hackett and the State of Arkansas. My commemorate the wars in which many years of service, and it is indeed my prayers are with his wife Trini, his have served, including the Vietnam honor to say a few words about him three children, and all those who are Veterans Memorial, Korean War Vet- today. mourning him during this trying time. erans Memorial, and the National I first came to know George Healy I hope they find comfort knowing that World War II Memorial. They will also amidst a genuine crisis in Rhode Is- he made a positive impact on his com- be touring Arlington National Ceme- land: the near-collapse of our State’s munity.∑ tery and have private time for a workers’ compensation system in 1991. f wreath-laying ceremony at the Tomb Here is how a 1991 report by the Rhode of the Unknown Soldier. TRIBUTE TO LARRY ZIMMER Island Department of Economic Devel- Mr. President, it is also tremen- opment summed up the situation. ∑ Mr. GARDNER. Mr. President, I wish dously important to recognize that this The financial burden borne by employers to honor the voice of CU Buffalo foot- visit would not have been possible had simply become too great. Insurers had ball, Mr. Larry Zimmer, who will be without the hard work and determina- begun to exit the Rhode Island marketplace. calling his last game and celebrating tion of an inspirational young Ritchie And, most importantly, the financial protec- his 80th birthday on November 13. County native, Kirsten Seese. Kirsten tion required for our state’s injured workers Mr. Zimmer joined the University of is a Ritchie County High School senior was being placed in jeopardy. Colorado broadcasting team in 1971. He who aspires to be a nurse one day. She Indeed, when compared with our New has since led a career filled with many was inspired to coordinate this trip as England neighbors, our average claim awards and distinctions, which high- her prenursing senior project after costs were through the roof. In 1990, light his dedication to CU sports. He is hearing about a group of veterans that the average claim in Rhode Island was a five-time winner of the Colorado had recently traveled to Washington, $12,638, more than three times higher Sportscaster of the Year award and re- DC, to visit the memorials sponsored than the average claim in Vermont and cipient of the esteemed Chris Schenkel by their community. significantly higher than Massachu- Award, given to those who dedicate Kirsten wasted no time. She went to setts, Connecticut, and New Hamp- their talents to college football. Even businesses in Ritchie County with the shire, which collectively had average more important than these awards, goal of organizing a 100 percent free claim costs in the range of $6,000 to however, is the respect and admiration veterans appreciation tour. In just 3 $7,000. This was simply unsustainable. he has earned from the students and weeks, Kirsten raised enough money Enter George Healy who until that faculty at the University of Colorado for 20 veterans, their family members, time had been a civil litigator and and all those who tune in to Buffalo and local volunteers to visit to Wash- workers’ compensation practitioner. football. ington, DC, absolutely free. They will Our Governor at the time, Bruce

VerDate Sep 11 2014 06:10 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.034 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7911 Sundlun, appointed George and a hand- EXECUTIVE MESSAGES REFERRED ficiency Standards for New Federal Commer- cial and Multi-Family High-Rise Residential ful of other stakeholders to a task As in executive session the Presiding force that was given a bold directive: Buildings’ Baseline Standards Update’’ Officer laid before the Senate messages ((RIN1904–AD39) (Docket No. EERE–2014–BT– Reduce the cost of the system without from the President of the United reducing benefits. As Governor STD–0047)) received during adjournment of States submitting sundry nominations the Senate in the Office of the President of Sundlun’s legal counsel at the time, I and a withdrawal which were referred the Senate on November 6, 2015; to the Com- had the honor of leading the task force, to the appropriate committees. mittee on Energy and Natural Resources. but I relied greatly on George for his (The messages received today are EC–3483. A communication from the Sec- expertise on the system. Working to- retary of Energy, transmitting proposed leg- printed at the end of the Senate gether with our colleagues, we were islation; to the Committee on Energy and able to develop a plan that protected proceedings.) Natural Resources. workers, reduced costs, eliminated f EC–3484. A communication from the Direc- pending rate increases, stabilized the tor of the Regulatory Management Division, MESSAGE FROM THE HOUSE Environmental Protection Agency, transmit- workers’ compensation market, elimi- At 10:52 a.m., a message from the ting, pursuant to law, the report of a rule en- nated fraud, and prevented a collapse House of Representatives, delivered by titled ‘‘Approval and Promulgation of Imple- of the system. Mrs. Cole, one of its reading clerks, an- mentation Plans; State of Missouri; Control One of the hallmarks of the reform of Petroleum Liquid Storage, Loading and was the creation of the Workers’ Com- nounced that the House agrees to the Transfer’’ (FRL No. 9936–72–Region 7) re- pensation Court, which hears and de- amendment of the Senate to the title ceived in the Office of the President of the cides all disputes involving an injured of the bill (H.R. 22) to authorize funds Senate on November 4, 2015; to the Com- employee and an employer relating to for Federal-aid highways, highway mittee on Environment and Public Works. workers’ compensation benefits. Gov- safety programs, and transit programs, EC–3485. A communication from the Direc- tor of the Regulatory Management Division, ernor Sundlun appointed George to be and for other purposes, further, that the House insists upon its amendment Environmental Protection Agency, transmit- among the inaugural class of the ting, pursuant to law, the report of a rule en- court’s judges after its creation in 1991. to the amendment of the Senate to the titled ‘‘Approval and Promulgation of Imple- George was then appointed chief judge text of the bill, asks a conference with mentation Plans; North Carolina Infrastruc- by Governor Don Carcieri in 2004. the Senate on the disagreeing votes of ture Requirements for the 2008 8-hour Ozone Now, as George Healy looks back on the two Houses thereon, and appoints National Ambient Air Quality Standards’’ his career, I hope he will rule it a suc- the following Members as managers of (FRL No. 9936–60–Region 4) received in the cess. I certainly do. The reforms he the conference on the part of the Office of the President of the Senate on No- helped lead reduced average claim House: vember 4, 2015; to the Committee on Environ- From the Committee on Transpor- ment and Public Works. costs in Rhode Island from $12,638 in EC–3486. A communication from the Direc- 1991 to just $5,179 in 2007. The reduction tation and Infrastructure, for consider- tor of the Regulatory Management Division, came about not from benefit cuts but ation of the House amendment and the Environmental Protection Agency, transmit- from system reforms, quick court ac- Senate amendment, and modifications ting, pursuant to law, the report of a rule en- tion, injury prevention, and getting committed to conference: Messrs. SHU- titled ‘‘Approval and Promulgation of Imple- people quickly back to work. A 2009 re- STER, DUNCAN of Tennessee, GRAVES of mentation Plans; Louisiana; Major Source port by the International Workers’ Missouri, Mrs. MILLER of Michigan, Permitting State Implementation Plan’’ (FRL No. 9936–45–Region 6) received in the Compensation Foundation put it this Messrs. CRAWFORD, BARLETTA, Office of the President of the Senate on No- FARENTHOLD, GIBBS, DENHAM, RIBBLE, way: ‘‘When both claim frequency and vember 4, 2015; to the Committee on Environ- severity are considered (taking into ac- PERRY, WOODALL, KATKO, BABIN, ment and Public Works. count all employees, whether or not in- HARDY, GRAVES of Louisiana, DEFAZIO, EC–3487. A communication from the Direc- jured) . . . Rhode Island stands out as Ms. NORTON, Mr. NADLER, Ms. BROWN of tor of the Regulatory Management Division, the state with the lowest average med- Florida, Ms. EDDIE BERNICE JOHNSON of Environmental Protection Agency, transmit- ical cost per employee per year in the Texas, Messrs. CUMMINGS, LARSEN of ting, pursuant to law, the report of a rule en- entire country.’’ Because of George’s Washington, CAPUANO, Mrs. NAPOLI- titled ‘‘Air Plan Approval; Ohio; Revised Format for Materials Being Incorporated by work, Rhode Island is now a model sys- TANO, Messrs. LIPINSKI, COHEN, and tem for the rest of the country. Reference’’ (FRL No. 9933–71–Region 5) re- SIRES. ceived in the Office of the President of the In short, thanks in large part to f Senate on November 4, 2015; to the Com- George’s hard work and his years of mittee on Environment and Public Works. service on the bench, Rhode Island EXECUTIVE AND OTHER EC–3488. A communication from the Direc- workers can rest assured that, if they COMMUNICATIONS tor of the Regulatory Management Division, get hurt on the job, their State’s insur- The following communications were Environmental Protection Agency, transmit- ance program will be there for them. laid before the Senate, together with ting, pursuant to law, the report of a rule en- That is a proud and meaningful legacy accompanying papers, reports, and doc- titled ‘‘Air Plan Approval; Ohio; Test Meth- to leave behind. In addition to all of ods; Error Correction’’ (FRL No. 9936–54–Re- uments, and were referred as indicated: gion 5) received in the Office of the President George’s accomplishments on the EC–3480. A communication from the Direc- of the Senate on November 4, 2015; to the bench, I will always remember him for tor of the Regulatory Management Division, Committee on Environment and Public his humility, gentle demeanor, and re- Environmental Protection Agency, transmit- Works. spect toward those who appeared before ting, pursuant to law, the report of a rule en- EC–3489. A communication from the Direc- him. I will also be grateful for his titled ‘‘Acetamiprid; Pesticide Tolerances’’ tor of the Regulatory Management Division, friendship through the years, and I (FRL No. 9936–12) received in the Office of Environmental Protection Agency, transmit- hope George enjoys many peaceful the President of the Senate on November 4, ting, pursuant to law, the report of a rule en- years of retirement, knowing that his 2015; to the Committee on Agriculture, Nu- titled ‘‘Air Plan Approval; TN; Knox County trition, and Forestry. efforts have improved the lives of Emissions Statements’’ (FRL No. 9936–57–Re- EC–3481. A communication from the Chief gion 4) received in the Office of the President countless others. I wish him the best as Counsel, Federal Emergency Management of the Senate on November 4, 2015; to the he enjoys much deserved family time Agency, Department of Homeland Security, Committee on Environment and Public with his lovely wife Ruth, his son Tim transmitting, pursuant to law, the report of Works. and his wife Jewel, his son Paul and his a rule entitled ‘‘Suspension of Community EC–3490. A communication from the Direc- wife Meghan, and George’s three grand- Eligibility’’ ((44 CFR Part 64) (Docket No. tor of the Regulatory Management Division, children, Quinn, Jack, and Charlotte. FEMA–2015–0001)) received in the Office of Environmental Protection Agency, transmit- Godspeed, my friend.∑ the President of the Senate on November 4, ting, pursuant to law, the report of a rule en- 2015; to the Committee on Banking, Housing, titled ‘‘Air Plan Approval; TN; Reasonably f and Urban Affairs. Available Control Measures and Redesigna- MESSAGES FROM THE PRESIDENT EC–3482. A communication from the Assist- tion for the TN Portion of the Chattanooga ant General Counsel for Legislation, Regula- 1997 Annual PM2.5 Nonattainment Area’’ Messages from the President of the tion and Energy Efficiency, Office of Energy (FRL No. 9936–55–Region 4) received in the United States were communicated to Efficiency and Renewable Energy, Depart- Office of the President of the Senate on No- the Senate by Mr. Williams, one of his ment of Energy, transmitting, pursuant to vember 4, 2015; to the Committee on Environ- secretaries. law, the report of a rule entitled ‘‘Energy Ef- ment and Public Works.

VerDate Sep 11 2014 06:10 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.022 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7912 CONGRESSIONAL RECORD — SENATE November 10, 2015 EC–3491. A communication from the Direc- mittee on Homeland Security and Govern- By Mr. CORKER, from the Committee on tor of the Regulatory Management Division, mental Affairs. Foreign Relations, without amendment and Environmental Protection Agency, transmit- EC–3501. A communication from the Chair- with a preamble: ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- S. Res. 302. A resolution expressing the titled ‘‘Approval of California Air Plan Revi- bia, transmitting, pursuant to law, a report sense of the Senate in support of Israel and sions, Place County Air Pollution Control on D.C. Act 21–174, ‘‘Rent Control Hardship in condemnation of Palestinian terror at- District’’ (FRL No. 9935–65–Region 9) re- Petition Limitation Temporary Amendment tacks. ceived in the Office of the President of the Act of 2015’’; to the Committee on Homeland Senate on November 4, 2015; to the Com- Security and Governmental Affairs. f mittee on Environment and Public Works. EC–3502. A communication from the Chair- EC–3492. A communication from the Presi- man of the Council of the District of Colum- INTRODUCTION OF BILLS AND dent of the United States, transmitting, pur- bia, transmitting, pursuant to law, a report JOINT RESOLUTIONS suant to law, a notification of the Presi- on D.C. Act 21–175, ‘‘ABLE Program Trust dent’s intent to enter into a free trade agree- Establishment Temporary Act of 2015’’; to The following bills and joint resolu- ment, known as the Trans-Pacific Partner- the Committee on Homeland Security and tions were introduced, read the first ship (TPP) Agreement; to the Committee on Governmental Affairs. and second times by unanimous con- Finance. EC–3503. A communication from the Chair- sent, and referred as indicated: man of the Council of the District of Colum- EC–3493. A communication from the Presi- By Mr. INHOFE (for himself and Mr. dent of the United States, transmitting, pur- bia, transmitting, pursuant to law, a report on D.C. Act 21–192, ‘‘Closing of a Public Alley NELSON): suant to law, the notification of the Presi- S. 2262. A bill to amend title XVIII of the dent’s intent to suspend the application of in Square 369, S.O. 13–07989, Act of 2015’’; to the Committee on Homeland Security and Social Security Act to cover screening com- duty-free treatment to all African Growth puted tomography colonography as a and Opportunity-eligible goods in the agri- Governmental Affairs. EC–3504. A communication from the Chair- colorectal cancer screening test under the cultural sector for the Republic of South Af- man of the Council of the District of Colum- Medicare program; to the Committee on Fi- rica; to the Committee on Finance. nance. EC–3494. A communication from the Chief bia, transmitting, pursuant to law, a report By Mr. BLUNT (for himself and Mr. of the Publications and Regulations Branch, on D.C. Act 21–193, ‘‘Testing Integrity MANCHIN): Internal Revenue Service, Department of the Amendment Act of 2015’’; to the Committee S. 2263. A bill to encourage effective, vol- Treasury, transmitting, pursuant to law, the on Homeland Security and Governmental Af- untary private sector investments to recruit, report of a rule entitled ‘‘General Allocation fairs. EC–3505. A communication from the Chair- employ, and retain men and women who and Accounting Regulations Under Section man of the Council of the District of Colum- have served in the United States military 141; Remedial Actions for Tax-Exempt bia, transmitting, pursuant to law, a report with annual Federal awards to private sector Bonds’’ ((RIN1545–BB23; RIN1545–BC07; and on D.C. Act 21–194, ‘‘Closing of a Public Alley employers recognizing such investments, and RIN1545–BH48) (TD 9741)) received during ad- in Square 197, S.O., 15–23895, Act of 2015’’; to for other purposes; to the Committee on journment of the Senate in the Office of the the Committee on Homeland Security and Health, Education, Labor, and Pensions. President of the Senate on November 6, 2015; Governmental Affairs. By Mr. BENNET: to the Committee on Finance. EC–3506. A communication from the Chair- EC–3495. A communication from the Chief S. 2264. A bill to amend the Internal Rev- man of the Council of the District of Colum- of the Publications and Regulations Branch, enue Code of 1986 to strengthen the child tax bia, transmitting, pursuant to law, a report Internal Revenue Service, Department of the credit; to the Committee on Finance. on D.C. Act 21–195, ‘‘James Bunn Way Des- Treasury, transmitting, pursuant to law, the By Mr. UDALL (for himself and Mr. ignation Act of 2015’’; to the Committee on report of a rule entitled ‘‘Preparer Tax Iden- MORAN): Homeland Security and Governmental Af- tification Number (PTIN) User Fee Update’’ S. 2265. A bill to improve the provision of fairs. ((RIN1545–BN03) (TD 9742)) received during health care by the Department of Veterans EC–3507. A communication from the Chief Affairs to veterans in rural and highly rural adjournment of the Senate in the Office of of Staff, Media Bureau, Federal Communica- the President of the Senate on November 6, areas, and for other purposes; to the Com- tions Commission, transmitting, pursuant to mittee on Veterans’ Affairs. 2015; to the Committee on Finance. law, the report of a rule entitled ‘‘Revitaliza- EC–3496. A communication from the Chief By Mr. GRASSLEY (for himself, Mr. tion of the AM Radio Service’’ ((FCC 15–142) of the Publications and Regulations Branch, DURBIN, Mr. NELSON, Mr. (MB Docket No. 13–249)) received in the Of- Internal Revenue Service, Department of the BLUMENTHAL, and Mr. BROWN): fice of the President of the Senate on No- Treasury, transmitting, pursuant to law, the S. 2266. A bill to amend the Immigration vember 4, 2015; to the Committee on Com- report of a rule entitled ‘‘Unpaid Losses Dis- and Nationality Act to reform and reduce merce, Science, and Transportation. fraud and abuse in certain visa programs for count Factors and Payment Patterns for EC–3508. A communication from the Chief 2015’’ (Rev. Proc. 2015–52) received during ad- aliens working temporarily in the United of Staff, Media Bureau, Federal Communica- States, and for other purposes; to the Com- journment of the Senate in the Office of the tions Commission, transmitting, pursuant to President of the Senate on November 6, 2015; mittee on the Judiciary. law, the report of a rule entitled ‘‘Expanding By Mrs. MURRAY (for herself, Mr. to the Committee on Finance. the Economic and Innovation Opportunities EC–3497. A communication from the Chief CASEY, Ms. HIRONO, Ms. BALDWIN, Mr. of Spectrum Through Incentive Auctions; of the Publications and Regulations Branch, BOOKER, Mr. KAINE, and Mr. Channel Sharing by Full Power and Class A Internal Revenue Service, Department of the FRANKEN): Stations Outside the Broadcast Television Treasury, transmitting, pursuant to law, the S. 2267. A bill to amend the Higher Edu- Spectrum Incentive Auction Context’’ ((FCC report of a rule entitled ‘‘Salvage Discount cation Act of 1965 to improve the financial 15–139) (GN Docket No. 12–268 and MB Docket Factors and Payment Patterns for 2015’’ aid process for homeless children and youths No. 15–137)) received in the Office of the (Rev. Proc. 2015–54) received during adjourn- and foster care children and youth; to the President of the Senate on November 4, 2015; ment of the Senate in the Office of the Presi- Committee on Health, Education, Labor, and to the Committee on Commerce, Science, dent of the Senate on November 6, 2015; to Pensions. and Transportation. By Mr. CORNYN (for himself and Mr. the Committee on Finance. EC–3509. A communication from the Direc- MANCHIN): EC–3498. A communication from the Chair- tor, Bureau of Transportation Statistics, De- man of the Council of the District of Colum- S. 2268. A bill to award a Congressional partment of Transportation, transmitting, Gold Medal to the United States Army Dust bia, transmitting, pursuant to law, a report pursuant to law, a report entitled ‘‘Two Dec- on D.C. Act 21–171, ‘‘Fiscal Year 2015 and Fis- Off crews of the Vietnam War, collectively, ades of Change in Transportation: Reflec- in recognition of their extraordinary her- cal Year 2016 Revised Budget Request Ad- tions from Transportation Statistics Annual justment Temporary Act of 2015’’; to the oism and life-saving actions in Vietnam; to Reports, 1994–2014’’; to the Committee on the Committee on Banking, Housing, and Committee on Homeland Security and Gov- Commerce, Science, and Transportation. ernmental Affairs. Urban Affairs. EC–3499. A communication from the Chair- f By Mr. KIRK (for himself and Mr. man of the Council of the District of Colum- REPORTS OF COMMITTEES MANCHIN): bia, transmitting, pursuant to law, a report S. 2269. A bill to establish the Government on D.C. Act 21–172, ‘‘Higher Education Licen- The following reports of committees Transformation Board to make certain rec- sure Commission Temporary Act of 2015’’; to were submitted: ommendations to improve the economy of the Committee on Homeland Security and By Mr. THUNE, from the Committee on the United States and the efficiency and ef- Governmental Affairs. Commerce, Science, and Transportation: fectiveness of Federal programs; to the Com- EC–3500. A communication from the Chair- Report to accompany S. 1334, a bill to mittee on Homeland Security and Govern- man of the Council of the District of Colum- strengthen enforcement mechanisms to stop mental Affairs. bia, transmitting, pursuant to law, a report illegal, unreported, and unregulated fishing, By Mr. FRANKEN (for himself, Mr. on D.C. Act 21–173, ‘‘Sexual Assault Victim to amend the Tuna Conventions Act of 1950 COONS, Mr. MARKEY, Mr. Rights Task Force Report Extension Tem- to implement the Antigua Convention, and BLUMENTHAL, Mrs. FEINSTEIN, Ms. porary Amendment Act of 2015’’; to the Com- for other purposes (Rept. No. 114–166). WARREN, and Mr. DURBIN):

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.014 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7913 S. 2270. A bill to address voluntary location Species Act of 1973, and for other purposes; (Mrs. MURRAY) was added as a cospon- tracking of electronic communications de- to the Committee on Environment and Pub- sor of S. 429, a bill to amend title XIX vices, and for other purposes; to the Com- lic Works. of the Social Security Act to provide a mittee on the Judiciary. f standard definition of therapeutic fos- By Ms. STABENOW (for herself, Mr. FRANKEN, and Mr. COONS): SUBMISSION OF CONCURRENT AND ter care services in Medicaid. S. 2271. A bill to amend the Internal Rev- SENATE RESOLUTIONS S. 553 enue Code of 1986 to provide credits for the The following concurrent resolutions At the request of Mr. CORKER, the production of renewable chemicals and in- name of the Senator from North Caro- vestments in renewable chemical production and Senate resolutions were read, and referred (or acted upon), as indicated: lina (Mr. TILLIS) was added as a co- facilities, and for other purposes; to the sponsor of S. 553, a bill to marshal re- Committee on Finance. By Mr. LEE (for himself, Mrs. ERNST, By Mr. DURBIN (for himself, Mr. REED, Mr. RISCH, Mr. CASSIDY, Mr. SES- sources to undertake a concerted, Ms. WARREN, and Mr. BLUMENTHAL): SIONS, Mr. INHOFE, Mr. WICKER, Mr. transformative effort that seeks to S. 2272. A bill to amend the Higher Edu- COCHRAN, Mr. HATCH, Mr. GRASSLEY, bring an end to modern slavery, and for cation Act of 1965 regarding proprietary in- Mr. ROUNDS, Mr. BLUNT, Mr. DAINES, other purposes. stitutions of higher education in order to Mr. MCCONNELL, Mr. SCOTT, Mr. S. 602 protect students and taxpayers; to the Com- COATS, Mr. PORTMAN, Mr. MORAN, Mr. At the request of Mr. WYDEN, the mittee on Health, Education, Labor, and JOHNSON, Mr. LANKFORD, Mr. SASSE, name of the Senator from Arizona (Mr. Pensions. Mr. ROBERTS, Mr. ENZI, Mr. BOOZMAN, By Mr. BOOKER: Mr. RUBIO, and Mr. CRUZ): MCCAIN) was added as a cosponsor of S. S. 2273. A bill to require the Administrator S. Res. 312. A resolution designating the 602, a bill to amend title 38, United of the Small Business Administration to es- week beginning November 8, 2015, as ‘‘Na- States Code, to consider certain time tablish an incubator and accelerator grant tional Pregnancy Center Week’’ to recognize spent by members of reserve compo- program for veterans and members of the the vital role that community-supported nents of the Armed Forces while re- Armed Forces; to the Committee on Small pregnancy centers (also known as pregnancy ceiving medical care from the Sec- Business and Entrepreneurship. care and pregnancy resource centers) play in retary of Defense as active duty for By Mr. TESTER (for himself, Ms. saving lives and serving women and men CANTWELL, Mr. UDALL, Mr. FRANKEN, faced with difficult pregnancy decisions; to purposes of eligibility for Post-9/11 and Mr. DAINES): the Committee on the Judiciary. Educational Assistance, and for other S. 2274. A bill to provide for rental assist- purposes. f ance for homeless or at-risk Indian veterans; S. 640 to the Committee on Indian Affairs. ADDITIONAL COSPONSORS By Ms. KLOBUCHAR (for herself, Mr. At the request of Mr. FLAKE, the S. 122 COATS, and Mr. MERKLEY): name of the Senator from Oklahoma S. 2275. A bill to provide for automatic ac- At the request of Mr. MCCAIN, the (Mr. LANKFORD) was added as a cospon- quisition of United States citizenship for cer- name of the Senator from Maine (Mr. sor of S. 640, a bill to amend the Clean tain internationally adopted individuals, and KING) was added as a cosponsor of S. Air Act to delay the review and revi- for other purposes; to the Committee on the 122, a bill to amend the Federal Food, sion of the national ambient air qual- Judiciary. Drug, and Cosmetic Act to allow for ity standards for ozone. By Mrs. FISCHER (for herself, Mr. the personal importation of safe and af- S. 746 BOOKER, Mr. DAINES, and Mr. PETERS): fordable drugs from approved phar- At the request of Mr. WHITEHOUSE, S. 2276. A bill to amend title 49, United macies in Canada. the name of the Senator from North States Code, to provide enhanced safety in S. 210 Dakota (Ms. HEITKAMP) was added as a pipeline transportation, and for other pur- At the request of Mr. KAINE, his cosponsor of S. 746, a bill to provide for poses; to the Committee on Commerce, name was added as a cosponsor of S. the establishment of a Commission to Science, and Transportation. 210, a bill to amend the Internal Rev- Accelerate the End of Breast Cancer. By Mr. CASEY: S. 2277. A bill to amend the Internal Rev- enue Code of 1986 to allow a credit S. 804 enue Code of 1986 to allow a credit for vet- against income tax for amounts paid At the request of Mrs. SHAHEEN, the eran first-time homebuyers and for adaptive by a spouse of a member of the Armed name of the Senator from Maine (Mr. housing and mobility improvements for dis- Forces for a new State license or cer- KING) was added as a cosponsor of S. abled veterans, and for other purposes; to the tification required by reason of a per- 804, a bill to amend title XVIII of the Committee on Finance. manent change in the duty station of Social Security Act to specify coverage By Mr. SCHATZ: such member to another State. S. 2278. A bill to promote the availability of continuous glucose monitoring de- of additional unlicensed spectrum for inno- S. 275 vices, and for other purposes. vation and investment, and for other pur- At the request of Mr. ISAKSON, the S. 885 poses; to the Committee on Commerce, name of the Senator from Maine (Mr. At the request of Ms. WARREN, the Science, and Transportation. KING) was added as a cosponsor of S. name of the Senator from Virginia (Mr. By Mr. MERKLEY (for himself, Mr. 275, a bill to amend title XVIII of the WARNER) was added as a cosponsor of S. ROUNDS, Mr. TILLIS, Mrs. SHAHEEN, Social Security Act to provide for the Mr. WARNER, Mr. BROWN, Mr. WYDEN, 885, a bill to direct the Architect of the and Mr. TESTER): coverage of home as a site of care for Capitol to place in the United States S. 2279. A bill to require the Secretary of infusion therapy under the Medicare Capitol a chair honoring American Veterans Affairs to carry out a program to program. Prisoners of War/Missing in Action. increase efficiency in the recruitment and S. 299 S. 901 hiring by the Department of Veterans Affairs At the request of Mr. FLAKE, the of health care workers that are undergoing At the request of Mr. KAINE, his separation from the Armed Forces, to create name of the Senator from Michigan name was added as a cosponsor of S. uniform credentialing standards for certain (Mr. PETERS) was added as a cosponsor 901, a bill to establish in the Depart- health care professionals of the Department, of S. 299, a bill to allow travel between ment of Veterans Affairs a national and for other purposes; to the Committee on the United States and Cuba. center for research on the diagnosis Veterans’ Affairs. S. 417 and treatment of health conditions of By Mr. SULLIVAN (for himself, Ms. At the request of Ms. KLOBUCHAR, the the descendants of veterans exposed to HEITKAMP, Mr. GRASSLEY, and Mr. name of the Senator from Mississippi toxic substances during service in the LEAHY): S. 2280. A bill to promote pro bono legal (Mr. WICKER) was added as a cosponsor Armed Forces that are related to that services as a critical way in which to em- of S. 417, a bill to encourage spectrum exposure, to establish an advisory power survivors of domestic violence; consid- licensees to make unused spectrum board on such health conditions, and ered and passed. available for use by rural and smaller for other purposes. By Mr. JOHNSON (for himself and Mr. carriers in order to expand wireless S. 979 BARRASSO): coverage. S. 2281. A bill to direct the Secretary of the At the request of Mr. NELSON, the Interior to reissue final rules relating to list- S. 429 name of the Senator from Washington ing of the gray wolf in the Western Great At the request of Ms. BALDWIN, the (Ms. CANTWELL) was added as a cospon- Lakes and Wyoming under the Endangered name of the Senator from Washington sor of S. 979, a bill to amend title 10,

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.021 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7914 CONGRESSIONAL RECORD — SENATE November 10, 2015 United States Code, to repeal the re- S. 1883 York (Mrs. GILLIBRAND) were added as quirement for reduction of survivor an- At the request of Mr. REED, the name cosponsors of S. 2123, a bill to reform nuities under the Survivor Benefit of the Senator from New York (Mr. sentencing laws and correctional insti- Plan by veterans’ dependency and in- SCHUMER) was added as a cosponsor of tutions, and for other purposes. demnity compensation, and for other S. 1883, a bill to maximize discovery, S. 2147 purposes. and accelerate development and avail- At the request of Mr. PORTMAN, the S. 1133 ability, of promising childhood cancer name of the Senator from Nebraska At the request of Mr. FRANKEN, the treatments, and for other purposes. (Mrs. FISCHER) was added as a cospon- name of the Senator from New Jersey S. 1886 sor of S. 2147, a bill to amend the Em- (Mr. BOOKER) was added as a cosponsor At the request of Ms. CANTWELL, the ployee Retirement Income Security of S. 1133, a bill to amend title 9 of the name of the Senator from Hawaii (Mr. Act of 1974 and the Internal Revenue United States Code with respect to ar- SCHATZ) was added as a cosponsor of S. Code of 1986 with respect to participant bitration. 1886, a bill to reauthorize the Inte- votes on the suspension of benefits under multiemployer plans in critical S. 1539 grated Coastal and Ocean Observation and declining status. At the request of Mrs. MURRAY, the System Act of 2009 and for other pur- name of the Senator from California poses. S. 2151 At the request of Mr. THUNE, the (Mrs. FEINSTEIN) was added as a co- S. 1893 name of the Senator from New Hamp- sponsor of S. 1539, a bill to amend the At the request of Mrs. MURRAY, the shire (Ms. AYOTTE) was added as a co- Richard B. Russell National School name of the Senator from Michigan sponsor of S. 2151, a bill to amend the Lunch Act to establish a permanent, (Ms. STABENOW) was added as a cospon- Public Health Service Act to provide nationwide summer electronic benefits sor of S. 1893, a bill to reauthorize and liability protections for volunteer transfer for children program. improve programs related to mental practitioners at health centers under health and substance use disorders. S. 1559 section 330 of such Act. S. 1915 At the request of Ms. AYOTTE, the S. 2170 name of the Senator from Pennsyl- At the request of Ms. AYOTTE, the At the request of Mrs. ERNST, the vania (Mr. TOOMEY) was added as a co- name of the Senator from West Vir- name of the Senator from Utah (Mr. sponsor of S. 1559, a bill to protect vic- ginia (Mrs. CAPITO) was added as a co- HATCH) was added as a cosponsor of S. tims of domestic violence, sexual as- sponsor of S. 1915, a bill to direct the 2170, a bill to amend title 38, United sault, stalking, and dating violence Secretary of Homeland Security to States Code, to improve the ability of from emotional and psychological make anthrax vaccines and health care professionals to treat vet- trauma caused by acts of violence or antimicrobials available to emergency erans through the use of telemedicine, threats of violence against their pets. response providers, and for other pur- and for other purposes. S. 1562 poses. S. 2220 At the request of Mr. WYDEN, the S. 1916 At the request of Mr. BROWN, the names of the Senator from New Jersey At the request of Mr. THUNE, the name of the Senator from Maine (Mr. (Mr. BOOKER) and the Senator from name of the Senator from Nebraska KING) was added as a cosponsor of S. New Mexico (Mr. HEINRICH) were added (Mrs. FISCHER) was added as a cospon- 2220, a bill to amend title XXVII of the as cosponsors of S. 1562, a bill to amend sor of S. 1916, a bill to include skilled Public Health Service Act to provide the Internal Revenue Code of 1986 to re- nursing facilities as a type of health for a special enrollment period for form taxation of alcoholic beverages. care provider under section 254(h) of pregnant women, and for other pur- S. 1608 the Communications Act of 1934. poses. At the request of Mrs. FEINSTEIN, the S. 2021 S. 2225 name of the Senator from Rhode Island At the request of Mr. BOOKER, the At the request of Mr. TILLIS, the (Mr. REED) was added as a cosponsor of name of the Senator from Minnesota names of the Senator from Maine (Ms. S. 1608, a bill to protect the safety of (Mr. FRANKEN) was added as a cospon- COLLINS) and the Senator from Texas the national airspace system from the sor of S. 2021, a bill to prohibit Federal (Mr. CORNYN) were added as cosponsors hazardous operation of consumer agencies and Federal contractors from of S. 2225, a bill to amend the Immigra- drones, and for other purposes. requesting that an applicant for em- tion and Nationality Act to establish S. 1742 ployment disclose criminal history an H–2B temporary non-agricultural work visa program and for other pur- At the request of Ms. HEITKAMP, the record information before the appli- poses. name of the Senator from Oregon (Mr. cant has received a conditional offer, S. RES. 299 MERKLEY) was added as a cosponsor of and for other purposes. At the request of Mrs. FEINSTEIN, the S. 1742, a bill to improve the provision S. 2042 name of the Senator from Florida (Mr. of postal services to rural areas of the At the request of Mrs. MURRAY, the United States. name of the Senator from New York NELSON) was added as a cosponsor of S. Res. 299, a resolution honoring the life, (Mr. SCHUMER) was added as a cospon- S. 1816 legacy, and example of former Israeli sor of S. 2042, a bill to amend the Na- At the request of Mr. ROUNDS, the Prime Minister Yitzhak Rabin on the tional Labor Relations Act to strength- name of the Senator from New Hamp- twentieth anniversary of his death. shire (Ms. AYOTTE) was added as a co- en protections for employees wishing S. RES. 302 sponsor of S. 1816, a bill to provide re- to advocate for improved wages, hours, At the request of Mr. BLUMENTHAL, lief to community banks, to promote or other terms or conditions of employ- ment and to provide for stronger rem- the names of the Senator from South access to capital for community banks, Dakota (Mr. THUNE), the Senator from edies for interference with these rights, and for other purposes. Missouri (Mrs. MCCASKILL), the Sen- and for other purposes. S. 1856 ator from Wisconsin (Mr. JOHNSON), the S. 2103 At the request of Mr. BLUMENTHAL, Senator from Georgia (Mr. PERDUE), the name of the Senator from New At the request of Mr. DONNELLY, the the Senator from Louisiana (Mr. VIT- Mexico (Mr. HEINRICH) was added as a name of the Senator from Arizona (Mr. TER), the Senator from Mississippi (Mr. cosponsor of S. 1856, a bill to amend MCCAIN) was added as a cosponsor of S. WICKER), the Senator from New Mexico title 38, United States Code, to provide 2103, a bill to modify a provision relat- (Mr. HEINRICH), the Senator from Ten- for suspension and removal of employ- ing to adjustments of certain State ap- nessee (Mr. ALEXANDER) and the Sen- ees of the Department of Veterans Af- portionments for Federal highway pro- ator from Illinois (Mr. DURBIN) were fairs for performance or misconduct grams, and for other purposes. added as cosponsors of S. Res. 302, a that is a threat to public health or S. 2123 resolution expressing the sense of the safety and to improve accountability of At the request of Mr. GRASSLEY, the Senate in support of Israel and in con- employees of the Department, and for names of the Senator from Kansas (Mr. demnation of Palestinian terror at- other purposes. ROBERTS) and the Senator from New tacks.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.017 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7915 At the request of Mr. NELSON, his (3) nearing the end of World War II, the (17) Dust Off crew members are among the name was added as a cosponsor of S. United States Army began using helicopters most highly decorated soldiers in American Res. 302, supra. for medical evacuation and years later, dur- military history; ing the Korean War, these helicopter air am- (18) in early 1964, Major Charles L. Kelly At the request of Mr. BROWN, his bulances were responsible for transporting was the Commanding Officer of the 57th Med- name was added as a cosponsor of S. 17,700 United States casualties; ical Detachment (Helicopter Ambulance), Res. 302, supra. (4) during the Vietnam War, with the use Provisional, in Soc Trang, South Vietnam; S. RES. 310 of helicopter air ambulances, United States (19) Major Kelly helped to forge the Dust At the request of Mr. JOHNSON, the Army Dust Off crews pioneered the concept Off call-sign into history as one of the most name of the Senator from Georgia (Mr. of dedicated and rapid medical evacuation welcomed phrases to be heard over the radio and rescued almost 900,000 United States, by wounded soldiers in perilous and dire situ- PERDUE) was added as a cosponsor of S. ations; Res. 310, a resolution condemning the South Vietnamese, and other allied sick and wounded, as well as wounded enemy forces; (20) in 1964, Major Kelly was killed in ac- ongoing sexual violence against women (5) helicopters proved to be a revolutionary tion as he gallantly maneuvered his aircraft and children from Yezidi, Christian, tool to assist those injured on the battle- to save a wounded American soldier and sev- Shabak, Turkmen, and other religious field; eral Vietnamese soldiers and boldly replied, communities by Islamic State of Iraq (6) highly skilled and intrepid, Dust Off after being warned to stay away from the and Syria militants and urging the crews were able to operate the helicopters landing zone due to the ferocity of enemy fire, ‘‘When I have your wounded.’’; prosecution of the perpetrators and and land them on almost any terrain in near- ly any weather to pick up wounded, after (21) General William Westmoreland, Com- those complicit in these crimes. mander, Military Assistance Command, which the Dust Off crews could provide care AMENDMENT NO. 2770 Vietnam (1964–1968), singled out Major Kelly to these patients while transporting them to as an example of ‘‘the greatness of the At the request of Mr. MCCAIN, the ready medical facilities; human spirit’’ and highlighted his famous name of the Senator from Tennessee (7) the vital work of the Dust Off crews re- reply as an inspiration to all in combat; (Mr. ALEXANDER) was added as a co- quired consistent combat exposure and often (22) General Creighton Abrams, Westmore- proved to be the difference between life and sponsor of amendment No. 2770 in- land’s successor (1968–1972), and former Chief death for wounded personnel; tended to be proposed to H.R. 2029, a of Staff of the United States Army, high- (8) the revolutionary concept of a dedi- bill making appropriations for military lighted the heroism of Dust Off crews, ‘‘A cated combat life-saving system was cul- construction, the Department of Vet- special word about the Dust Offs . . . Courage tivated and refined by United States Army above and beyond the call of duty was sort of erans Affairs, and related agencies for Dust Off crews during 11 years of intense routine to them. It was a daily thing, part of the fiscal year ending September 30, conflict in and above the jungles of South the way they lived. That’s the great part, 2016, and for other purposes. Vietnam; and it meant so much to every last man who (9) innovative and resourceful Dust Off AMENDMENT NO. 2788 served there. Whether he ever got hurt or crews in Vietnam were responsible for taking At the request of Ms. COLLINS, the not, he knew Dust Off was there.’’; the new concept of helicopter medical evacu- name of the Senator from Montana (23) Dust Off crews possessed unique skills ation, born just a few years earlier, and revo- and traits that made them highly successful (Mr. TESTER) was added as a cosponsor lutionizing it to meet and surpass the pre- in aeromedical evacuation in Vietnam, in- of amendment No. 2788 proposed to viously unattainable goal of delivering a bat- cluding indomitable courage, extraordinary H.R. 2029, a bill making appropriations tlefield casualty to an operating table within aviation skill and sound judgment under fire, for military construction, the Depart- the vaunted ‘‘golden hour’’; high-level medical expertise, and an un- (10) some Dust Off units in Vietnam oper- ment of Veterans Affairs, and related equaled dedication to the preservation of ated so efficiently that they were able to de- agencies for the fiscal year ending Sep- human life; liver a patient to a waiting medical facility tember 30, 2016, and for other purposes. (24) members of the United States Armed on an average of 33 minutes from the receipt Forces on the ground in Vietnam had their f of the mission, which saved the lives of confidence and battlefield prowess reinforced countless personnel in Vietnam, and this leg- STATEMENTS ON INTRODUCED knowing that there were heroic Dust Off acy continues for modern-day Dust Off crews just a few minutes from the fight, BILLS AND JOINT RESOLUTIONS crews; which was instrumental to their well-being, (11) the inherent danger of being a member By Mr. CORNYN (for himself and willingness to fight, and morale; of a Dust Off crew in Vietnam meant that Mr. MANCHIN): (25) military families in the United States there was a 1 in 3 chance of being wounded or S. 2268. A bill to award a Congres- knew that their loved ones would receive the killed; sional Gold Medal to the United States quickest and best possible care in the event (12) many battles during the Vietnam War of a war-time injury, thanks to the Dust Off Army Dust Off crews of the Vietnam raged at night, and members of the Dust Off crews; War, collectively, in recognition of crews often found themselves searching for a (26) the willingness of Dust Off crews to their extraordinary heroism and life- landing zone in complete darkness, in bad also risk their lives to save helpless civilians saving actions in Vietnam; to the Com- weather, over mountainous terrain, and all left an immeasurably positive impression on while being the target of intense enemy fire mittee on Banking, Housing, and the people of Vietnam and exemplified the as they attempted to rescue the wounded, Urban Affairs. finest American ideals of compassion and hu- which caused Dust Off crews to suffer a rate Mr. CORNYN. Mr. President, I ask manity; and of aircraft loss that was more than 3 times unanimous consent that the text of the (27) Dust Off crews from the Vietnam War that of all other types of combat helicopter hailed from every State in the United States bill be printed in the RECORD. missions in Vietnam; and represented numerous ethnic, religious, There being no objection, the text of (13) the 54th Medical Detachment typified and cultural backgrounds. the bill was ordered to be printed in the constant heroism displayed by Dust Off the RECORD, as follows: crews in Vietnam, over the span of a 10- SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) PRESENTATION AUTHORIZED.—The S. 2268 month tour, with only 3 flyable helicopters and 40 soldiers in the unit, evacuating 21,435 Speaker of the House of Representatives and Be it enacted by the Senate and House of Rep- the President pro tempore of the Senate patients in 8,644 missions while being air- resentatives of the United States of America in shall make appropriate arrangements for the borne for 4,832 hours; Congress assembled, presentation, on behalf of Congress, of a sin- (14) collectively, the members of the 54th gle gold medal of appropriate design in honor SECTION 1. SHORT TITLE. Medical Detachment earned 78 awards for This Act may be cited as the ‘‘Dust Off of the Dust Off crews of the Vietnam War, valor, including 1 Medal of Honor, 1 Distin- collectively, in recognition of their heroic Crews of the Vietnam War Congressional guished Service Cross, 14 Silver Star Medals, Gold Medal Act’’. military service, which saved countless lives 26 Distinguished Flying Crosses, 2 Bronze and contributed directly to the defense of SEC. 2. FINDINGS. Star Medals for valor, 4 Air Medals for valor, our country. The Congress finds that— 4 Soldier’s Medals, and 26 Purple Heart Med- (b) DESIGN AND STRIKING.—For the pur- (1) a United States Army Dust Off crew- als; poses of the award referred to in subsection man is a helicopter crew member who served (15) the 54th Medical Detachment displayed (a), the Secretary of the Treasury shall honorably in the Vietnam War aboard a heli- heroism on a daily basis and set the standard strike the gold medal with suitable emblems, copter air ambulance under the radio call for all Dust Off crews in Vietnam; devices, and inscriptions, to be determined sign ‘‘Dust Off’’; (16) 5 members of the 54th Medical Detach- by the Secretary, in consultation with the (2) Dust Off crews performed aeromedical ment are in the Dust Off Hall of Fame, 3 are Secretary of Defense. evacuation for United States, Vietnamese, in the Army Aviation Hall of Fame, and 1 is (c) SMITHSONIAN INSTITUTION.— and allied forces inside South Vietnam from the only United States Army aviator in the (1) IN GENERAL.—Following the award of May 1962 through March 1973. National Aviation Hall of Fame; the gold medal in honor of the Dust Off

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.019 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7916 CONGRESSIONAL RECORD — SENATE November 10, 2015 Crews of the Vietnam War, the gold medal monthly housing stipend provided under the thorizing committees a report that contains, shall be given to the Smithsonian Institu- Post-9/11 Veterans Educational Assistance for each proprietary institution of higher tion, where it will be available for display as Program under chapter 33 of title 38, United education that receives assistance under appropriate and available for research. States Code. title IV and as provided in the audited finan- (2) SENSE OF CONGRESS.—It is the sense of ‘‘(C) IMPLEMENTATION OF NON-FEDERAL REV- cial statements submitted to the Secretary Congress that the Smithsonian Institution ENUE REQUIREMENT.—In making calculations by each institution pursuant to the require- should also make the gold medal awarded under subparagraph (A), an institution of ments of section 487(c)— pursuant to this Act available for display higher education shall— ‘‘(i) the amount and percentage of such in- elsewhere, particularly at appropriate loca- ‘‘(i) use the cash basis of accounting; stitution’s revenues received from Federal tions associated with the Vietnam War, and ‘‘(ii) consider as revenue only those funds funds; and that preference should be given to locations generated by the institution from— ‘‘(ii) the amount and percentage of such in- affiliated with the Smithsonian Institution. ‘‘(I) tuition, fees, and other institutional stitution’s revenues received from other SEC. 4. DUPLICATE MEDALS. charges for students enrolled in programs el- sources.’’. (b) REPEAL OF EXISTING REQUIREMENTS.— The Secretary may strike and sell dupli- igible for assistance under title IV; Section 487 of the Higher Education Act of cates in bronze of the gold medal struck pur- ‘‘(II) activities conducted by the institu- 1965 (20 U.S.C. 1094) is amended— suant to section 3 under such regulations as tion that are necessary for the education and (1) in subsection (a)— the Secretary may prescribe, at a price suffi- training of the institution’s students, if such (A) by striking paragraph (24); cient to cover the cost thereof, including activities are— ‘‘(aa) conducted on campus or at a facility (B) by redesignating paragraphs (25) labor, materials, dies, use of machinery, and under the control of the institution; through (29) as paragraphs (24) through (28), overhead expenses, and the cost of the gold ‘‘(bb) performed under the supervision of a respectively; medal. member of the institution’s faculty; and (C) in paragraph (24)(A)(ii) (as redesignated SEC. 5. NATIONAL MEDALS. ‘‘(cc) required to be performed by all stu- by subparagraph (B)), by striking ‘‘sub- The medal struck pursuant to this Act is a dents in a specific educational program at section (e)’’ and inserting ‘‘subsection (d)’’; national medal for purposes of chapter 51 of the institution; and and title 31, United States Code. ‘‘(III) a contractual arrangement with a (D) in paragraph (26) (as redesignated by Federal agency for the purpose of providing subparagraph (B)), by striking ‘‘subsection By Mr. DURBIN (for himself, Mr. job training to low-income individuals who (h)’’ and inserting ‘‘subsection (g)’’; REED, Ms. WARREN, and Mr. are in need of such training; (2) by striking subsection (d); BLUMENTHAL): ‘‘(iii) presume that any Federal funds that (3) by redesignating subsections (e) S. 2272. A bill to amend the Higher are disbursed or delivered to an institution through (j) as subsections (d) through (i), re- Education Act of 1965 regarding propri- on behalf of a student or directly to a stu- spectively; (4) in subsection (f)(1) (as redesignated by etary institutions of higher education dent will be used to pay the student’s tui- tion, fees, or other institutional charges, re- paragraph (3)), by striking ‘‘subsection in order to protect students and tax- gardless of whether the institution credits (e)(2)’’ and inserting ‘‘subsection (d)(2)’’; and payers; to the Committee on Health, such funds to the student’s account or pays (5) in subsection (g)(1) (as redesignated by Education, Labor, and Pensions. such funds directly to the student, except to paragraph (3)), by striking ‘‘subsection Mr. DURBIN. Mr. President, I ask the extent that the student’s tuition, fees, or (a)(27)’’ in the matter preceding subpara- unanimous consent that the text of the other institutional charges are satisfied by— graph (A) and inserting ‘‘subsection (a)(26)’’. ‘‘(I) grant funds provided by an outside (c) CONFORMING AMENDMENTS.—The Higher bill be printed in the RECORD. Education Act of 1965 (20 U.S.C. 1001 et seq.) There being no objection, the text of source that— ‘‘(aa) has no affiliation with the institu- is amended— the bill was ordered to be printed in tion; and (1) in section 152 (20 U.S.C. 1019a)— the RECORD, as follows: ‘‘(bb) shares no employees with the institu- (A) in subsection (a)(1)(A), by striking S. 2272 tion; and ‘‘subsections (a)(27) and (h) of section 487’’ and inserting ‘‘subsections (a)(26) and (g) of Be it enacted by the Senate and House of Rep- ‘‘(II) institutional scholarships described in clause (v); section 487’’; and resentatives of the United States of America in (B) in subsection (b)(1)(B)(i)(I), by striking Congress assembled, ‘‘(iv) include no loans made by an institu- tion of higher education as revenue to the ‘‘section 487(e)’’ and inserting ‘‘section SECTION 1. SHORT TITLE. school, except for payments made by stu- 487(d)’’; This Act may be cited as the ‘‘Protecting dents on such loans; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), Our Students and Taxpayers Act of 2015’’ or ‘‘(v) include a scholarship provided by the by striking ‘‘section 487(a)(25)’’ each place ‘‘POST Act of 2015’’. institution— the term appears and inserting ‘‘section SEC. 2. 85/15 RULE. ‘‘(I) only if the scholarship is in the form of 487(a)(24)’’; (a) IN GENERAL.—Section 102(b) of the monetary aid based upon the academic (3) in section 496(c)(3)(A) (20 U.S.C. Higher Education Act of 1965 (20 U.S.C. achievements or financial need of students, 1099b(c)(3)(A)), by striking ‘‘section 487(f)’’ 1002(b)) is amended— disbursed to qualified student recipients dur- and inserting ‘‘section 487(e)’’; and (1) in paragraph (1)— ing each fiscal year from an established re- (4) in section 498(k)(1) (20 U.S.C. (A) in subparagraph (D), by striking ‘‘and’’ stricted account; and 1099c(k)(1)), by striking ‘‘section 487(f)’’ and after the semicolon; ‘‘(II) only to the extent that funds in that inserting ‘‘section 487(e)’’. (B) in subparagraph (E), by striking the pe- account represent designated funds, or in- riod and inserting ‘‘; and’’; and come earned on such funds, from an outside By Mrs. FISCHER (for herself, (C) by adding at the end the following: source that— Mr. BOOKER, Mr. DAINES, and ‘‘(F) meets the requirements of paragraph ‘‘(aa) has no affiliation with the institu- Mr. PETERS): (2).’’; tion; and S. 2276. A bill to amend title 49, (2) by redesignating paragraph (2) as para- ‘‘(bb) shares no employees with the institu- United States Code, to provide en- graph (3); and tion; and hanced safety in pipeline transpor- (3) by inserting after paragraph (1) the fol- ‘‘(vi) exclude from revenues— tation, and for other purposes; to the lowing: ‘‘(I) the amount of funds the institution re- Committee on Commerce, Science, and ‘‘(2) REVENUE SOURCES.— ceived under part C of title IV, unless the in- Transportation. ‘‘(A) IN GENERAL.—In order to qualify as a stitution used those funds to pay a student’s proprietary institution of higher education institutional charges; Mr. DAINES. Mr. President, I rise under this subsection, an institution shall ‘‘(II) the amount of funds the institution today along with my colleagues Sen- derive not less than 15 percent of the institu- received under subpart 4 of part A of title IV; ators FISCHER, BOOKER, and PETERS to tion’s revenues from sources other than Fed- ‘‘(III) the amount of funds provided by the introduce the Securing America’s Fu- eral funds, as calculated in accordance with institution as matching funds for any Fed- ture Energy: Protecting our Infrastruc- subparagraphs (B) and (C). eral program; ture of Pipelines and Enhancing Safe- ‘‘(B) FEDERAL FUNDS.—In this paragraph, ‘‘(IV) the amount of Federal funds provided ty, SAFE PIPES, Act, reauthorizing the term ‘Federal funds’ means any Federal to the institution to pay institutional the Pipeline and Hazardous Material financial assistance provided, under this Act charges for a student that were refunded or Safety Administration, PHMSA. Safe or any other Federal law, through a grant, returned; and and secure pipeline infrastructure is contract, subsidy, loan, guarantee, insur- ‘‘(V) the amount charged for books, sup- ance, or other means to a proprietary insti- plies, and equipment, unless the institution critical to our nation, and is especially tution, including Federal financial assist- includes that amount as tuition, fees, or important to Montanans—for economic ance that is disbursed or delivered to an in- other institutional charges. opportunity and environmental protec- stitution or on behalf of a student or to a ‘‘(D) REPORT TO CONGRESS.—Not later than tion. student to be used to attend the institution, July 1, 2016, and by July 1 of each succeeding We had a great bipartisan group of except that such term shall not include any year, the Secretary shall submit to the au- Senators working on this legislation. I

VerDate Sep 11 2014 06:10 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.028 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7917 would like to thank Senator FISCHER Whereas many charitable organizations Whereas Care Net affiliated pregnancy cen- for traveling to Billings, Montana to banded together on November 13, 1971, to ters— chair the first in a series of hearings on form the first United States association of (1) have saved more than 462,000 babies since 2008; and pipeline safety and coordinating efforts nonprofit organizations dedicated to res- cuing as many lives as possible from abor- (2) saved 73,000 babies in 2014 alone; to write this important legislation. Ad- tion; Whereas Heartbeat International reports ditionally, I thank Senators BOOKER Whereas, as of 2013, there were approxi- that Heartbeat International affiliated preg- and PETERS for their work drafting this mately 2,500 pregnancy centers in the United nancy centers rescue 160,000 babies from the legislation. States; risk of abortion each year; In Montana, we have some of the Whereas women in every part of the United Whereas, in the last 7 years, 8 of 10 women country’s most pristine wild spaces States turn to pregnancy centers for help, considering abortion when they entered a along with an abundance on natural re- hope, and healing; Care Net affiliated pregnancy care and re- source center ended up choosing life; sources. Montana produces approxi- Whereas pregnancy centers are local, non- profit organizations that provide vital and Whereas, in the last 7 years, Care Net af- mately 30 million barrels of crude oil, compassionate support to women and men filiated pregnancy centers— 63 billion cubic feet of natural gas, and faced with difficult pregnancy decisions; (1) provided 698,649 free ultrasound scans; 42 million short tons of coal annually. Whereas pregnancy centers reach more (2) provided parenting support and edu- We export 60 percent of this energy. than 2,300,000 people each year through a cation to 828,190 individuals; The oil and gas industries support the combination of client services, including— (3) provided material resources to more than 1,200,000 individuals; and employment of over 43,000 Montanans. (1) pregnancy tests; (2) ultrasound and medical services; (4) administered 2,100,000 pregnancy tests; Likewise, Montana’s unspoiled moun- (3) options counseling and education; and Whereas the 24-hour Option Line of Heart- tains and streams is the main (4) parenting and childbirth classes; beat International— motivator for many visiting Montana. Whereas, every day in the United States, (1) helps carry out a mission of reaching The tourism industry supports the em- pregnancy centers assist an average of 6,500 and rescuing as many lives as possible ployment of over 53,000 Montanans. people, including women and men of all ages around the world through an effective net- It is needless to say, but it is impera- and backgrounds; work of life-affirming pregnancy help cen- ters; and tive that both jobs are protected. This Whereas some pregnancy centers offer spe- cific medical services, including— (2) answers questions by phone, text, legislation does just that, by improving (1) consultation with a licensed medical email, or chat before connecting an indi- pipeline inspection report turnaround professional; vidual with the local pregnancy help organi- times, increasing focus on pipeline (2) limited ultrasound for pregnancy con- zation of the individual where the individual river crossings, helping fill vacant in- firmation; and will receive 1-on-1, compassionate, caring spector positions, facilitating commu- (3) testing for sexually transmitted infec- support; nications between PHMSA and State tions and diseases; Whereas, in 2014 Heartbeat International Whereas the National Institute of Family received their 2,000,000th contact through the agencies, and enabling PHMSA to con- and Life Advocates— Option Line; duct safety research with industry ex- (1) provides life-affirming pregnancy cen- Whereas the Care Net Pregnancy Decision perts. ters with legal counsel, education, and train- Line is the only national hotline that pro- I look forward to continue my work, ing; vides immediate pregnancy decision coach- along with my colleagues, on enhanc- (2) has assisted hundreds of pregnancy cen- ing by highly trained coaches; ing pipeline safety, protecting our eco- ters in becoming medical clinics; and Whereas Heartbeat International reports (3) represented nearly 1,000 pregnancy cen- the existence of 413 maternity homes in the nomic and environmental resources, ters that operate as medical clinics today; and shepherding this legislation across United States; Whereas approximately 30,000 Americans Whereas, in 2008, Care Net, Heartbeat the finish line. volunteer at community-supported preg- International, the National Institute of f nancy centers each year, offering more than Family and Life Advocates, and other groups 5,700,000 hours of uncompensated work; issued a statement entitled ‘‘Our Commit- SUBMITTED RESOLUTIONS Whereas the approximately 1,000 medical ment of Care and Competence’’, which— pregnancy centers that provide limited (1) addresses issues including— ultrasound deliver limited ultrasound at lit- (A) scientific and medical accuracy; SENATE RESOLUTION 312—DESIG- tle or no cost to women; (B) truth in advertising; NATING THE WEEK BEGINNING Whereas, in 2010, close to 230,000 (C) compassion; NOVEMBER 8, 2015, AS ‘‘NA- ultrasounds were performed at pregnancy (D) nondiscrimination; medical centers; (E) patient confidentiality; TIONAL PREGNANCY CENTER (F) staff training; and WEEK’’ TO RECOGNIZE THE Whereas pregnancy centers understand that each pregnancy decision is an emotional (G) a consistent life ethic; and VITAL ROLE THAT COMMUNITY- and private choice, and compassionate staff (2) expands the determination of the preg- SUPPORTED PREGNANCY CEN- and trained volunteers of pregnancy cen- nancy help movement to comply with appli- TERS (ALSO KNOWN AS PREG- ters— cable legal requirements regarding— NANCY CARE AND PREGNANCY (1) provide each patient with educational (A) employment; materials; and (B) fundraising; RESOURCE CENTERS) PLAY IN (C) financial management; SAVING LIVES AND SERVING (2) offer each patient emotional support and care to help each patient through dif- (D) taxation; (E) medical licensure; and WOMEN AND MEN FACED WITH ficult situations; (F) operation standards; and DIFFICULT PREGNANCY DECI- Whereas close to 78 percent of pregnancy Whereas less than 10 percent of the income SIONS centers in the United States offer specialized of pregnancy centers in the United States de- Mr. LEE (for himself, Mrs. ERNST, parenting education— (1) through direct services on premises; or rives from governmental sources, which en- Mr. RISCH, Mr. CASSIDY, Mr. SESSIONS, (2) in nearby churches, schools, or other lo- sures that pregnancy centers— Mr. INHOFE, Mr. WICKER, Mr. COCHRAN, cations; (1) minimize burdens on each taxpayer; and (2) engage local communities to provide Mr. HATCH, Mr. GRASSLEY, Mr. ROUNDS, Whereas nearly every pregnancy care and sustainable support: Now, therefore, be it Mr. BLUNT, Mr. DAINES, Mr. MCCON- resource center provides clients with mate- Resolved, That the Senate— rial support for pregnancy and infant care, NELL, Mr. SCOTT, Mr. COATS, Mr. (1) designates the week beginning Novem- which may include— PORTMAN, Mr. MORAN, Mr. JOHNSON, ber 8, 2015, as ‘‘National Pregnancy Center (1) maternity clothing; Mr. LANKFORD, Mr. SASSE, Mr. ROB- (2) baby clothes and furniture; Week’’; ERTS, Mr. ENZI, Mr. BOOZMAN, Mr. (3) housing assistance; or (2) supports the important work of preg- RUBIO, and Mr. CRUZ) submitted the (4) nutritional counseling and resources; nancy centers across the United States; following resolution; which was re- Whereas pregnancy centers— (3) appreciates and recognizes the thou- ferred to the Committee on the Judici- (1) do not discriminate based on age, race, sands of volunteers and staff of pregnancy ary: nationality, creed, religious affiliation, dis- centers in the United States who give mil- ability, or arbitrary circumstances; and lions of hours of service each year to women S. RES. 312 (2) take special care to provide help to un- and men who are faced with difficult preg- Whereas, for more than 100 years, young derserved minority populations; nancy decisions; and women facing unplanned pregnancies have Whereas pregnancy centers have com- (4) recognizes the importance of— found support from charitable organizations mitted to engaging fathers so that they can (A) protecting life; and ranging from Catholic Charities and Jewish acquire the skills necessary to become in- (B) assisting women and men in need as Maternity Homes to the Salvation Army; volved and responsible fathers; they bring children into the world.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\G10NO6.039 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7918 CONGRESSIONAL RECORD — SENATE November 10, 2015 AMENDMENTS SUBMITTED AND to the bill S. 1356, to clarify that certain pro- amendment SA 2763 proposed by Mr. PROPOSED visions of the Border Patrol Agent Pay Re- KIRK (for himself, Mr. TESTER, and Ms. form Act of 2014 will not take effect until SA 2791. Mr. CORNYN (for himself and Mr. MIKULSKI) to the bill H.R. 2029, making after the Director of the Office of Personnel appropriations for military construc- CRUZ) submitted an amendment intended to Management promulgates and makes effec- be proposed to amendment SA 2763 proposed tive regulations relating to such provisions; tion, the Department of Veterans Af- by Mr. KIRK (for himself, Mr. TESTER, and which was ordered to lie on the table. fairs, and related agencies for the fiscal Ms. MIKULSKI) to the bill H.R. 2029, making SA 2805. Mr. THUNE (for Mr. CRUZ (for year ending September 30, 2016, and for appropriations for military construction, the himself, Mr. NELSON, Mr. RUBIO, Mr. PETERS, other purposes; which was ordered to Department of Veterans Affairs, and related Mr. GARDNER, and Mrs. MURRAY)) submitted lie on the table; as follows: agencies for the fiscal year ending Sep- an amendment intended to be proposed by At the end of title II, add the following: tember 30, 2016, and for other purposes; which Mr. Thune to the bill H.R. 2262, to facilitate was ordered to lie on the table. a pro-growth environment for the developing SEC. 2lll. EXPANSION OF CHOICE PROGRAM SA 2792. Mr. MCCAIN submitted an amend- OF DEPARTMENT OF VETERANS AF- commercial space industry by encouraging FAIRS. ment intended to be proposed to amendment private sector investment and creating more (a) ELIMINATION OF SUNSET.— SA 2763 proposed by Mr. KIRK (for himself, stable and predictable regulatory conditions, Mr. TESTER, and Ms. MIKULSKI) to the bill (1) IN GENERAL.—Section 101 of the Vet- and for other purposes. erans Access, Choice, and Accountability Act H.R. 2029, supra; which was ordered to lie on SA 2806. Ms. MURKOWSKI (for Mr. ISAK- of 2014 (Public Law 113–146; 38 U.S.C. 1701 the table. SON) proposed an amendment to the bill S. note) is amended— SA 2793. Ms. BALDWIN submitted an 1203, to amend title 38, United States Code, (A) by striking subsection (p); and amendment intended to be proposed to to improve the processing by the Depart- (B) by redesignating subsections (q), (r), amendment SA 2763 proposed by Mr. KIRK ment of Veterans Affairs of claims for bene- (s), and (t) as subsections (p), (q), (r), and (s), (for himself, Mr. TESTER, and Ms. MIKULSKI) fits under laws administered by the Sec- respectively. to the bill H.R. 2029, supra; which was or- retary of Veterans Affairs, and for other pur- (2) CONFORMING AMENDMENTS.—Such sec- dered to lie on the table. poses. SA 2794. Mr. DURBIN submitted an amend- SA 2807. Ms. MURKOWSKI (for Mr. tion is amended— (A) in subsection (i)(2), by striking ‘‘during ment intended to be proposed to amendment BLUMENTHAL) proposed an amendment to the SA 2763 proposed by Mr. KIRK (for himself, resolution S. Res. 302, expressing the sense of the period in which the Secretary is author- Mr. TESTER, and Ms. MIKULSKI) to the bill the Senate in support of Israel and in con- ized to carry out this section pursuant to H.R. 2029, supra. demnation of Palestinian terror attacks. subsection (p)’’; and SA 2795. Mr. BENNET submitted an SA 2808. Ms. MURKOWSKI (for Mr. (B) in subsection (p)(2), as redesignated by amendment intended to be proposed to BLUMENTHAL) proposed an amendment to the paragraph (1)(B), by striking subparagraph amendment SA 2763 proposed by Mr. KIRK resolution S. Res. 302, supra. (F). (b) EXPANSION OF ELIGIBILITY.— (for himself, Mr. TESTER, and Ms. MIKULSKI) f to the bill H.R. 2029, supra. (1) IN GENERAL.—Subsection (b) of such sec- SA 2796. Mr. MCCAIN submitted an amend- TEXT OF AMENDMENTS tion is amended to read as follows: ‘‘(b) ELIGIBLE VETERANS.—A veteran is an ment intended to be proposed by him to the SA 2791. Mr. CORNYN (for himself concurrent resolution H. Con. Res. 90, direct- eligible veteran for purposes of this section and Mr. CRUZ) submitted an amend- ing the Secretary of the Senate to make a if the veteran is enrolled in the patient en- technical correction in the enrollment of S. ment intended to be proposed to rollment system of the Department of Vet- 1356. amendment SA 2763 proposed by Mr. erans Affairs established and operated under SA 2797. Mr. BLUNT (for himself and Mrs. KIRK (for himself, Mr. TESTER, and Ms. section 1705 of title 38, United States Code, MCCASKILL) submitted an amendment in- MIKULSKI) to the bill H.R. 2029, making including any such veteran who has not re- tended to be proposed to amendment SA 2763 appropriations for military construc- ceived hospital care or medical services from proposed by Mr. KIRK (for himself, Mr. tion, the Department of Veterans Af- the Department and has contacted the De- TESTER, and Ms. MIKULSKI) to the bill H.R. partment seeking an initial appointment fairs, and related agencies for the fiscal from the Department for the receipt of such 2029, making appropriations for military con- year ending September 30, 2016, and for struction, the Department of Veterans Af- care or services.’’. fairs, and related agencies for the fiscal year other purposes; which was ordered to (2) CONFORMING AMENDMENTS.—Such sec- ending September 30, 2016, and for other pur- lie on the table; as follows: tion is amended— poses; which was ordered to lie on the table. At the appropriate place, insert the fol- (A) in subsection (c)(1)— SA 2798. Mr. TESTER (for Mrs. BOXER) pro- lowing: (i) in the matter preceding subparagraph posed an amendment to amendment SA 2763 SEC. lll. (a) Not later than 30 days after (A), by striking ‘‘In the case of an eligible proposed by Mr. KIRK (for himself, Mr. the date of the enactment of this Act, the veteran described in subsection (b)(2)(A), the TESTER, and Ms. MIKULSKI) to the bill H.R. Secretary of Veterans Affairs shall submit to Secretary shall, at the election of the eligi- 2029, supra. the appropriate committees of Congress a re- ble veteran’’ and inserting ‘‘The Secretary SA 2799. Mr. THUNE (for himself and Mr. port that includes, with respect to the South shall, at the election of an eligible veteran’’; ROUNDS) submitted an amendment intended Texas Veterans Health Care System of the and to be proposed to amendment SA 2763 pro- Department of Veterans Affairs, the fol- (ii) in subparagraph (A), by striking ‘‘de- posed by Mr. KIRK (for himself, Mr. TESTER, lowing: scribed in such subsection’’ and inserting ‘‘of and Ms. MIKULSKI) to the bill H.R. 2029, (1) A description of the nature and scope of the Veterans Health Administration’’; supra; which was ordered to lie on the table. any foreseeable increase in wait times for (B) in subsection (f)(1), by striking ‘‘sub- SA 2800. Mr. THUNE submitted an amend- medical appointments. section (b)(1)’’ and inserting ‘‘subsection ment intended to be proposed to amendment (2) An assessment of whether a shortage of (b)’’; SA 2763 proposed by Mr. KIRK (for himself, health care providers is the primary cause of (C) in subsection (g), by striking paragraph Mr. TESTER, and Ms. MIKULSKI) to the bill any such increase in wait times. (3); and H.R. 2029, supra; which was ordered to lie on (3) An identification of any other causes of (D) in subsection (p)(2)(A), as redesignated the table. any such increase in wait times. by subsection (a)(1)(B), by striking ‘‘, SA 2801. Mr. TESTER (for Mr. BROWN (for (4) A description of any action taken by disaggregated by—’’ and all that follows himself and Mr. TILLIS)) proposed an amend- the Department to correct any such increase through ‘‘subsection (b)(2)(D)’’. ment to amendment SA 2763 proposed by Mr. in wait times. (c) EFFECTIVE DATE.—The amendments KIRK (for himself, Mr. TESTER, and Ms. MI- (5) An assessment of any issues relating to made by this section shall apply with respect KULSKI) to the bill H.R. 2029, supra. access to care. to hospital care and medical services fur- SA 2802. Mr. LEE submitted an amendment (6) A plan for how the Secretary will rem- nished under section 101 of the Veterans Ac- intended to be proposed to amendment SA edy any such increase in wait times, includ- cess, Choice, and Accountability Act of 2014 2763 proposed by Mr. KIRK (for himself, Mr. ing a detailed description of steps to be (Public Law 113–146; 38 U.S.C. 1701 note) on TESTER, and Ms. MIKULSKI) to the bill H.R. taken and a timeline for completion. and after the date that is 90 days after the 2029, supra; which was ordered to lie on the (b) In this section, the term ‘‘appropriate date of the enactment of this Act. table. committees of Congress’’ means— SA 2803. Mr. LEE submitted an amendment (1) the Committee on Appropriations and SA 2793. Ms. BALDWIN submitted an intended to be proposed to amendment SA the Committee on Veterans’ Affairs of the amendment intended to be proposed to 2763 proposed by Mr. KIRK (for himself, Mr. Senate; and amendment SA 2763 proposed by Mr. TESTER, and Ms. MIKULSKI) to the bill H.R. (2) the Committee on Appropriations and KIRK (for himself, Mr. TESTER, and Ms. 2029, supra; which was ordered to lie on the the Committee on Veterans’ Affairs of the table. House of Representatives. MIKULSKI) to the bill H.R. 2029, making SA 2804. Mrs. FEINSTEIN (for herself, Mr. appropriations for military construc- DURBIN, and Mr. LEAHY) submitted an SA 2792. Mr. MCCAIN submitted an tion, the Department of Veterans Af- amendment intended to be proposed by her amendment intended to be proposed to fairs, and related agencies for the fiscal

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 13,018 13,018 002 0601102A DEFENSE RESEARCH SCIENCES ...... 239,118 259,118 Basic research program increase ...... [20,000] 003 0601103A UNIVERSITY RESEARCH INITIATIVES ...... 72,603 72,603 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...... 100,340 100,340 SUBTOTAL BASIC RESEARCH ...... 425,079 445,079

APPLIED RESEARCH 005 0602105A MATERIALS TECHNOLOGY...... 28,314 28,314 006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ...... 38,374 38,374 007 0602122A TRACTOR HIP...... 6,879 6,879 008 0602211A AVIATION TECHNOLOGY...... 56,884 56,884 009 0602270A ELECTRONIC WARFARE TECHNOLOGY ...... 19,243 19,243 010 0602303A MISSILE TECHNOLOGY...... 45,053 53,053 A2/AD Anti-Ship Missile Study ...... [8,000 ] 011 0602307A ADVANCED WEAPONS TECHNOLOGY ...... 29,428 29,428 012 0602308A ADVANCED CONCEPTS AND SIMULATION ...... 27,862 27,862 013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ...... 68,839 68,839 014 0602618A BALLISTICS TECHNOLOGY...... 92,801 92,801 015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...... 3,866 3,866 016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ...... 5,487 5,487 017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ...... 48,340 48,340 018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ...... 55,301 55,301 019 0602709A NIGHT VISION TECHNOLOGY ...... 33,807 33,807 020 0602712A COUNTERMINE SYSTEMS...... 25,068 25,068 021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 23,681 23,681 022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...... 20,850 20,850 023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ...... 36,160 36,160 024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ...... 12,656 12,656 025 0602784A MILITARY ENGINEERING TECHNOLOGY ...... 63,409 63,409 026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY...... 24,735 24,735 027 0602786A WARFIGHTER TECHNOLOGY...... 35,795 35,795 028 0602787A MEDICAL TECHNOLOGY...... 76,853 76,853 SUBTOTAL APPLIED RESEARCH ...... 879,685 887,685

ADVANCED TECHNOLOGY DEVELOPMENT 029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ...... 46,973 46,973

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

030 0603002A MEDICAL ADVANCED TECHNOLOGY ...... 69,584 69,584 031 0603003A AVIATION ADVANCED TECHNOLOGY ...... 89,736 89,736 032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...... 57,663 57,663 033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...... 113,071 113,071 034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY ...... 5,554 5,554 035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ...... 12,636 12,636 037 0603009A TRACTOR HIKE...... 7,502 7,502 038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...... 17,425 17,425 039 0603020A TRACTOR ROSE...... 11,912 11,912 040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ...... 27,520 27,520 041 0603130A TRACTOR NAIL...... 2,381 2,381 042 0603131A TRACTOR EGGS...... 2,431 2,431 043 0603270A ELECTRONIC WARFARE TECHNOLOGY ...... 26,874 26,874 044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ...... 49,449 49,449 045 0603322A TRACTOR CAGE...... 10,999 10,999 046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 177,159 177,159 047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ...... 13,993 13,993 048 0603607A JOINT SERVICE SMALL ARMS PROGRAM ...... 5,105 5,105 049 0603710A NIGHT VISION ADVANCED TECHNOLOGY ...... 40,929 40,929 050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ...... 10,727 10,727 051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ...... 20,145 20,145 052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ...... 38,163 38,163 053 0603794A C3 ADVANCED TECHNOLOGY ...... 37,816 37,816 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 895,747 895,747

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ...... 10,347 10,347 055 0603308A ARMY SPACE SYSTEMS INTEGRATION ...... 25,061 25,061 056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 49,636 49,636 057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV ...... 13,426 13,426 058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ...... 46,749 46,749 060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 6,258 6,258 061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ...... 13,472 13,472 062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ...... 7,292 7,292 063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ...... 8,813 8,813 065 0603790A NATO RESEARCH AND DEVELOPMENT ...... 6,075 6,075 067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ...... 21,233 21,233 068 0603807A MEDICAL SYSTEMS—ADV DEV ...... 31,962 31,962 069 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ...... 22,194 22,194 071 0604100A ANALYSIS OF ALTERNATIVES ...... 9,805 9,805 072 0604115A TECHNOLOGY MATURATION INITIATIVES ...... 40,917 40,917 073 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) ...... 30,058 30,058 074 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) ...... 155,361 155,361 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 498,659 498,659

SYSTEM DEVELOPMENT & DEMONSTRATION 076 0604201A AIRCRAFT AVIONICS...... 12,939 12,939 078 0604270A ELECTRONIC WARFARE DEVELOPMENT ...... 18,843 18,843 079 0604280A JOINT TACTICAL RADIO ...... 9,861 9,861 080 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...... 8,763 8,763 081 0604321A ALL SOURCE ANALYSIS SYSTEM ...... 4,309 4,309 082 0604328A TRACTOR CAGE...... 15,138 15,138 083 0604601A INFANTRY SUPPORT WEAPONS ...... 74,128 80,628 Army requested realignment ...... [1,500 ] Soldier Enhancement Program ...... [5,000 ] 085 0604611A JAVELIN ...... 3,945 3,945 087 0604633A AIR TRAFFIC CONTROL ...... 10,076 10,076 088 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ...... 40,374 40,374 089 0604710A NIGHT VISION SYSTEMS—ENG DEV ...... 67,582 67,582 090 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...... 1,763 1,763 091 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ...... 27,155 27,155 092 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV ...... 24,569 24,569 093 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ...... 23,364 23,364 094 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ...... 8,960 8,960 095 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ...... 9,138 9,138 096 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ...... 21,622 21,622 097 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...... 99,242 99,242 098 0604802A WEAPONS AND MUNITIONS—ENG DEV ...... 21,379 21,379 099 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ...... 48,339 48,339 100 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ...... 2,726 2,726 101 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV ...... 45,412 45,412 102 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ...... 55,215 55,215 104 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ...... 163,643 163,643 105 0604820A RADAR DEVELOPMENT...... 12,309 12,309 106 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ...... 15,700 15,700 107 0604823A FIREFINDER ...... 6,243 6,243 108 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ...... 18,776 18,776 109 0604854A ARTILLERY SYSTEMS—EMD...... 1,953 1,953 110 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ...... 67,358 67,358 111 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ...... 136,011 121,011 Restructure program ...... [–15,000] 112 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ...... 230,210 230,210

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

113 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ...... 13,357 13,357 114 0605031A JOINT TACTICAL NETWORK (JTN) ...... 18,055 18,055 115 0605032A TRACTOR TIRE...... 5,677 5,677 116 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ...... 77,570 101,570 Apache Survivability Enhancements—Army Unfunded Requirement ...... [24,000 ] 117 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ...... 18,112 78,112 Apache Survivability Enhancements—Army Unfunded Requirement ...... [60,000] 118 0605350A WIN-T INCREMENT 3—FULL NETWORKING ...... 39,700 39,700 119 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) ...... 12,987 12,987 120 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 88,866 74,966 EMD contract delays ...... [–13,900] 121 0605456A PAC–3/MSE MISSILE...... 2,272 2,272 122 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ...... 214,099 214,099 123 0605625A MANNED GROUND VEHICLE ...... 49,247 39,247 Funding ahead of need ...... [–10,000] 124 0605626A AERIAL COMMON SENSOR ...... 2 2 125 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ...... 10,599 10,599 126 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DE- 32,486 32,486 VELOPMENT PH. 127 0605830A AVIATION GROUND SUPPORT EQUIPMENT ...... 8,880 8,880 128 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ...... 152,288 152,288 129 0303032A TROJAN—RH12 ...... 5,022 5,022 130 0304270A ELECTRONIC WARFARE DEVELOPMENT ...... 12,686 12,686 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 2,068,950 2,120,550

RDT&E MANAGEMENT SUPPORT 131 0604256A THREAT SIMULATOR DEVELOPMENT ...... 20,035 20,035 132 0604258A TARGET SYSTEMS DEVELOPMENT ...... 16,684 16,684 133 0604759A MAJOR T&E INVESTMENT ...... 62,580 62,580 134 0605103A RAND ARROYO CENTER ...... 20,853 20,853 135 0605301A ARMY KWAJALEIN ATOLL ...... 205,145 205,145 136 0605326A CONCEPTS EXPERIMENTATION PROGRAM ...... 19,430 19,430 138 0605601A ARMY TEST RANGES AND FACILITIES ...... 277,646 277,646 139 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ...... 51,550 51,550 140 0605604A SURVIVABILITY/LETHALITY ANALYSIS...... 33,246 33,246 141 0605606A AIRCRAFT CERTIFICATION...... 4,760 4,760 142 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ...... 8,303 8,303 143 0605706A MATERIEL SYSTEMS ANALYSIS ...... 20,403 20,403 144 0605709A EXPLOITATION OF FOREIGN ITEMS ...... 10,396 10,396 145 0605712A SUPPORT OF OPERATIONAL TESTING ...... 49,337 49,337 146 0605716A ARMY EVALUATION CENTER ...... 52,694 52,694 147 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...... 938 938 148 0605801A PROGRAMWIDE ACTIVITIES...... 60,319 60,319 149 0605803A TECHNICAL INFORMATION ACTIVITIES ...... 28,478 28,478 150 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ...... 32,604 24,604 Program reduction ...... [–8,000] 151 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 3,186 3,186 152 0605898A MANAGEMENT HQ—R&D...... 48,955 48,955 SUBTOTAL RDT&E MANAGEMENT SUPPORT ...... 1,027,542 1,019,542

OPERATIONAL SYSTEMS DEVELOPMENT 154 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...... 18,397 18,397 155 0603813A TRACTOR PULL...... 9,461 9,461 156 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS ...... 4,945 4,945 157 0607133A TRACTOR SMOKE...... 7,569 7,569 158 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ...... 69,862 69,862 159 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ...... 66,653 66,653 160 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ...... 37,407 37,407 161 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM ...... 1,151 1,151 162 0607139A IMPROVED TURBINE ENGINE PROGRAM ...... 51,164 51,164 163 0607140A EMERGING TECHNOLOGIES FROM NIE ...... 2,481 2,481 164 0607141A LOGISTICS AUTOMATION...... 1,673 1,673 166 0607665A FAMILY OF BIOMETRICS ...... 13,237 13,237 167 0607865A PATRIOT PRODUCT IMPROVEMENT ...... 105,816 105,816 169 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ...... 40,565 40,565 171 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) ...... 35,719 35,719 172 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ...... 257,167 354,167 Stryker Lethality Upgrades ...... [97,000] 173 0203740A MANEUVER CONTROL SYSTEM ...... 15,445 15,445 175 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 364 364 176 0203758A DIGITIZATION ...... 4,361 4,361 177 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 3,154 3,154 178 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ...... 35,951 35,951 179 0203808A TRACTOR CARD...... 34,686 34,686 180 0205402A INTEGRATED BASE DEFENSE—OPERATIONAL SYSTEM DEV ...... 10,750 10,750 181 0205410A MATERIALS HANDLING EQUIPMENT ...... 402 402 183 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM ...... 64,159 64,159 184 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ...... 17,527 17,527 185 0208053A JOINT TACTICAL GROUND SYSTEM ...... 20,515 20,515 187 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 12,368 12,368 188 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ...... 31,154 31,154 189 0303141A GLOBAL COMBAT SUPPORT SYSTEM ...... 12,274 12,274

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

190 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ...... 9,355 9,355 191 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 7,053 7,053 193 0305179A INTEGRATED BROADCAST SERVICE (IBS) ...... 750 750 194 0305204A TACTICAL UNMANNED AERIAL VEHICLES ...... 13,225 13,225 195 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ...... 22,870 22,870 196 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 25,592 25,592 199 0305233A RQ–7 UAV...... 7,297 7,297 201 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ...... 3,800 3,800 202 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ...... 48,442 48,442 202A 9999999999 CLASSIFIED PROGRAMS...... 4,536 4,536 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 1,129,297 1,226,297

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 6,924,959 7,093,559

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES ...... 116,196 125,196 Defense University Research Instumentation Program increase ...... [9,000 ] 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 19,126 19,126 003 0601153N DEFENSE RESEARCH SCIENCES ...... 451,606 479,106 Basic research program increase ...... [27,500] SUBTOTAL BASIC RESEARCH ...... 586,928 623,428

APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH ...... 68,723 68,723 005 0602123N FORCE PROTECTION APPLIED RESEARCH ...... 154,963 154,963 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...... 49,001 49,001 007 0602235N COMMON PICTURE APPLIED RESEARCH ...... 42,551 42,551 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...... 45,056 45,056 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ...... 115,051 115,051 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ...... 42,252 62,252 Service Life Extension for the AGOR Ship ...... [20,000 ] 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ...... 6,119 6,119 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ...... 123,750 142,350 Accelerate undersea warfare research ...... [18,600] 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ...... 179,686 179,686 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ...... 37,418 37,418 SUBTOTAL APPLIED RESEARCH ...... 864,570 903,170

ADVANCED TECHNOLOGY DEVELOPMENT 015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 37,093 37,093 016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 38,044 38,044 017 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ...... 34,899 34,899 018 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 137,562 137,562 019 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ...... 12,745 12,745 020 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ...... 258,860 258,860 021 0603680N MANUFACTURING TECHNOLOGY PROGRAM ...... 57,074 57,074 022 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ...... 4,807 4,807 023 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ...... 13,748 13,748 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ...... 66,041 66,041 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY ...... 1,991 1,991 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 662,864 662,864

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 026 0603207N AIR/OCEAN TACTICAL APPLICATIONS ...... 41,832 41,832 027 0603216N AVIATION SURVIVABILITY...... 5,404 5,404 028 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ...... 3,086 3,086 029 0603251N AIRCRAFT SYSTEMS...... 11,643 11,643 030 0603254N ASW SYSTEMS DEVELOPMENT ...... 5,555 5,555 031 0603261N TACTICAL AIRBORNE RECONNAISSANCE ...... 3,087 3,087 032 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ...... 1,636 1,636 033 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 118,588 113,588 LDUUV development growth ...... [–5,000 ] 034 0603506N SURFACE SHIP TORPEDO DEFENSE ...... 77,385 77,385 035 0603512N CARRIER SYSTEMS DEVELOPMENT ...... 8,348 8,348 036 0603525N PILOT FISH...... 123,246 123,246 037 0603527N RETRACT LARCH...... 28,819 28,819 038 0603536N RETRACT JUNIPER...... 112,678 112,678 039 0603542N RADIOLOGICAL CONTROL...... 710 710 040 0603553N SURFACE ASW...... 1,096 1,096 041 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 87,160 93,360 Accelerate unmanned underwater vehicle development ...... [10,000 ] Universal launch and recovery module unfunded outyear tail ...... [–3,800 ] 042 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ...... 10,371 10,371 043 0603563N SHIP CONCEPT ADVANCED DESIGN ...... 11,888 11,888 044 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...... 4,332 4,332 045 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...... 482,040 482,040 046 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ...... 25,904 25,904 047 0603576N CHALK EAGLE...... 511,802 511,802 048 0603581N LITTORAL COMBAT SHIP (LCS) ...... 118,416 118,416 049 0603582N COMBAT SYSTEM INTEGRATION ...... 35,901 35,901 050 0603595N OHIO REPLACEMENT...... 971,393 971,393

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

051 0603596N LCS MISSION MODULES ...... 206,149 206,149 052 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ...... 8,000 8,000 053 0603609N CONVENTIONAL MUNITIONS...... 7,678 7,678 054 0603611M MARINE CORPS ASSAULT VEHICLES ...... 219,082 219,082 055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ...... 623 623 056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 18,260 18,260 057 0603658N COOPERATIVE ENGAGEMENT...... 76,247 76,247 058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ...... 4,520 4,520 059 0603721N ENVIRONMENTAL PROTECTION...... 20,711 20,711 060 0603724N NAVY ENERGY PROGRAM ...... 47,761 47,761 061 0603725N FACILITIES IMPROVEMENT...... 5,226 5,226 062 0603734N CHALK CORAL...... 182,771 182,771 063 0603739N NAVY LOGISTIC PRODUCTIVITY ...... 3,866 3,866 064 0603746N RETRACT MAPLE...... 360,065 360,065 065 0603748N LINK PLUMERIA...... 237,416 237,416 066 0603751N RETRACT ELM...... 37,944 37,944 067 0603764N LINK EVERGREEN...... 47,312 47,312 068 0603787N SPECIAL PROCESSES...... 17,408 17,408 069 0603790N NATO RESEARCH AND DEVELOPMENT ...... 9,359 9,359 070 0603795N LAND ATTACK TECHNOLOGY ...... 887 887 071 0603851M JOINT NON-LETHAL WEAPONS TESTING ...... 29,448 29,448 072 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 91,479 91,479 073 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 67,360 67,360 074 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) ...... 48,105 127,205 Full ship shock trials for CVN–78 ...... [79,100] 075 0604122N REMOTE MINEHUNTING SYSTEM (RMS) ...... 20,089 20,089 076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ...... 18,969 18,969 077 0604279N ASE SELF-PROTECTION OPTIMIZATION ...... 7,874 7,874 078 0604292N MH-XX ...... 5,298 5,298 079 0604454N LX (R)...... 46,486 75,486 LX(R) Acceleration ...... [29,000] 080 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) ...... 3,817 3,817 081 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ...... 9,595 9,595 082 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT .... 29,581 25,246 Maritime concept generation and development growth ...... [–4,335 ] 083 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ...... 285,849 285,849 084 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DE- 36,656 36,656 VELOPMENT PH. 085 0303354N ASW SYSTEMS DEVELOPMENT—MIP ...... 9,835 9,835 086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ...... 580 580 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 5,024,626 5,129,591

SYSTEM DEVELOPMENT & DEMONSTRATION 087 0603208N TRAINING SYSTEM AIRCRAFT ...... 21,708 21,708 088 0604212N OTHER HELO DEVELOPMENT ...... 11,101 11,101 089 0604214N AV–8B AIRCRAFT—ENG DEV ...... 39,878 39,878 090 0604215N STANDARDS DEVELOPMENT...... 53,059 53,059 091 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ...... 21,358 21,358 092 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ...... 4,515 4,515 093 0604221N P–3 MODERNIZATION PROGRAM ...... 1,514 1,514 094 0604230N WARFARE SUPPORT SYSTEM ...... 5,875 5,875 095 0604231N TACTICAL COMMAND SYSTEM ...... 81,553 81,553 096 0604234N ADVANCED HAWKEYE...... 272,149 264,149 Cost growth ...... [–8,000] 097 0604245N H–1 UPGRADES...... 27,235 27,235 098 0604261N ACOUSTIC SEARCH SENSORS ...... 35,763 35,763 099 0604262N V–22A ...... 87,918 87,918 100 0604264N AIR CREW SYSTEMS DEVELOPMENT ...... 12,679 12,679 101 0604269N EA–18 ...... 56,921 56,921 102 0604270N ELECTRONIC WARFARE DEVELOPMENT ...... 23,685 23,685 103 0604273N EXECUTIVE HELO DEVELOPMENT ...... 507,093 507,093 104 0604274N NEXT GENERATION JAMMER (NGJ) ...... 411,767 403,767 Contract delays ...... [–8,000] 105 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ...... 25,071 25,071 106 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 443,433 421,133 Aegis development support growth ...... [–22,300] 107 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...... 747 747 108 0604329N SMALL DIAMETER BOMB (SDB) ...... 97,002 84,644 F–18 integration contract delay ...... [–12,358] 109 0604366N STANDARD MISSILE IMPROVEMENTS ...... 129,649 129,649 110 0604373N AIRBORNE MCM...... 11,647 11,647 111 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIA- 2,778 2,778 TION. 112 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING ...... 23,695 23,695 113 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE (UCLASS) 134,708 484,708 SYSTEM. Competitive air vehicle risk reduction activities ...... [300,000 ] Government and industry source selection preparation ...... [50,000 ] 114 0604501N ADVANCED ABOVE WATER SENSORS ...... 43,914 43,914 115 0604503N SSN–688 AND TRIDENT MODERNIZATION ...... 109,908 109,908 116 0604504N AIR CONTROL...... 57,928 57,928 117 0604512N SHIPBOARD AVIATION SYSTEMS ...... 120,217 120,217

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

118 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ...... 241,754 241,754 119 0604558N NEW DESIGN SSN ...... 122,556 122,556 120 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ...... 48,213 60,213 Accelerate submarine combat and weapon system modernization ...... [12,000 ] 121 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...... 49,712 49,712 122 0604574N NAVY TACTICAL COMPUTER RESOURCES ...... 4,096 4,096 123 0604580N VIRGINIA PAYLOAD MODULE (VPM) ...... 167,719 167,719 124 0604601N MINE DEVELOPMENT...... 15,122 15,122 125 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...... 33,738 33,738 126 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 8,123 8,123 127 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ...... 7,686 7,686 128 0604727N JOINT STANDOFF WEAPON SYSTEMS ...... 405 405 129 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 153,836 153,836 130 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ...... 99,619 99,619 131 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 116,798 116,798 132 0604761N INTELLIGENCE ENGINEERING...... 4,353 4,353 133 0604771N MEDICAL DEVELOPMENT...... 9,443 9,443 134 0604777N NAVIGATION/ID SYSTEM...... 32,469 32,469 135 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ...... 537,901 537,901 136 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ...... 504,736 504,736 137 0604810M JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—MARINE CORPS ...... 59,265 20,800 Program delay ...... [–38,465 ] 138 0604810N JOINT STRIKE FIGHTER FOLLOW ON DEVELOPMENT—NAVY ...... 47,579 21,244 Program delay ...... [–26,335 ] 139 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ...... 5,914 5,914 140 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ...... 89,711 89,711 141 0605212N CH–53K RDTE...... 632,092 632,092 142 0605220N SHIP TO SHORE CONNECTOR (SSC) ...... 7,778 7,778 143 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 25,898 25,898 144 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ...... 247,929 247,929 145 0204202N DDG–1000 ...... 103,199 103,199 146 0304231N TACTICAL COMMAND SYSTEM—MIP ...... 998 998 147 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ...... 17,785 17,785 148 0305124N SPECIAL APPLICATIONS PROGRAM ...... 35,905 35,905 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 6,308,800 6,555,342

MANAGEMENT SUPPORT 149 0604256N THREAT SIMULATOR DEVELOPMENT ...... 30,769 30,769 150 0604258N TARGET SYSTEMS DEVELOPMENT ...... 112,606 112,606 151 0604759N MAJOR T&E INVESTMENT ...... 61,234 61,234 152 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 6,995 6,995 153 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ...... 4,011 4,011 154 0605154N CENTER FOR NAVAL ANALYSES ...... 48,563 48,563 155 0605285N NEXT GENERATION FIGHTER ...... 5,000 5,000 157 0605804N TECHNICAL INFORMATION SERVICES ...... 925 925 158 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ...... 78,143 78,143 159 0605856N STRATEGIC TECHNICAL SUPPORT ...... 3,258 3,258 160 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ...... 76,948 76,948 161 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...... 132,122 132,122 162 0605864N TEST AND EVALUATION SUPPORT ...... 351,912 351,912 163 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ...... 17,985 17,985 164 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 5,316 5,316 165 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...... 6,519 6,519 166 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...... 13,649 13,649 SUBTOTAL MANAGEMENT SUPPORT ...... 955,955 955,955

OPERATIONAL SYSTEMS DEVELOPMENT 174 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...... 107,039 107,039 175 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ...... 46,506 46,506 176 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...... 3,900 4,700 Accelerate combat rapid attack weapon ...... [800] 177 0101402N NAVY STRATEGIC COMMUNICATIONS ...... 16,569 16,569 178 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ...... 18,632 11,132 TIPS program growth ...... [–7,500] 179 0204136N F/A–18 SQUADRONS...... 133,265 133,265 181 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ...... 62,867 51,067 Joint aerial layer network growth ...... [–11,800] 182 0204228N SURFACE SUPPORT...... 36,045 36,045 183 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ...... 25,228 25,228 184 0204311N INTEGRATED SURVEILLANCE SYSTEM ...... 54,218 54,218 185 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ...... 11,335 11,335 186 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...... 80,129 65,629 Block II test assets early to need ...... [–14,500] 187 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 39,087 39,087 188 0204574N CRYPTOLOGIC DIRECT SUPPORT ...... 1,915 1,915 189 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ...... 46,609 46,609 190 0205601N HARM IMPROVEMENT...... 52,708 16,164 AARGM extended range program growth ...... [–36,544 ] 191 0205604N TACTICAL DATA LINKS ...... 149,997 149,997 192 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 24,460 24,460 193 0205632N MK–48 ADCAP...... 42,206 47,706 Accelerate torpedo upgrades ...... [5,500]

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

194 0205633N AVIATION IMPROVEMENTS...... 117,759 117,759 195 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 101,323 101,323 196 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ...... 67,763 67,763 197 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) ...... 13,431 13,431 198 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ...... 56,769 48,669 Project delays ...... [–8,100] 199 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 20,729 20,729 200 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ...... 13,152 13,152 201 0206629M AMPHIBIOUS ASSAULT VEHICLE ...... 48,535 48,535 202 0207161N TACTICAL AIM MISSILES ...... 76,016 76,016 203 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 32,172 32,172 208 0303109N SATELLITE COMMUNICATIONS (SPACE) ...... 53,239 53,239 209 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) ...... 21,677 21,677 210 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ...... 28,102 28,102 211 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 294 294 213 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC) ...... 599 599 214 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ...... 6,207 6,207 215 0305204N TACTICAL UNMANNED AERIAL VEHICLES ...... 8,550 8,550 216 0305205N UAS INTEGRATION AND INTEROPERABILITY ...... 41,831 41,831 217 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 1,105 1,105 218 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 33,149 33,149 219 0305220N RQ–4 UAV...... 227,188 227,188 220 0305231N MQ–8 UAV...... 52,770 52,770 221 0305232M RQ–11 UAV...... 635 635 222 0305233N RQ–7 UAV...... 688 688 223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 4,647 4,647 224 0305239M RQ–21A ...... 6,435 6,435 225 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT ...... 49,145 49,145 226 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ...... 9,246 9,246 227 0305421N RQ–4 MODERNIZATION...... 150,854 150,854 228 0308601N MODELING AND SIMULATION SUPPORT ...... 4,757 4,757 229 0702207N DEPOT MAINTENANCE (NON-IF) ...... 24,185 24,185 231 0708730N MARITIME TECHNOLOGY (MARITECH) ...... 4,321 4,321 231A 9999999999 CLASSIFIED PROGRAMS...... 1,252,185 1,252,185 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 3,482,173 3,410,029

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 17,885,916 18,240,379

RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES ...... 329,721 352,221 Basic research program increase ...... [22,500] 002 0601103F UNIVERSITY RESEARCH INITIATIVES ...... 141,754 141,754 003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 13,778 13,778 SUBTOTAL BASIC RESEARCH ...... 485,253 507,753

APPLIED RESEARCH 004 0602102F MATERIALS ...... 125,234 125,234 005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ...... 123,438 123,438 006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...... 100,530 100,530 007 0602203F AEROSPACE PROPULSION...... 182,326 182,326 008 0602204F AEROSPACE SENSORS...... 147,291 147,291 009 0602601F SPACE TECHNOLOGY...... 116,122 116,122 010 0602602F CONVENTIONAL MUNITIONS...... 99,851 99,851 011 0602605F DIRECTED ENERGY TECHNOLOGY ...... 115,604 115,604 012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ...... 164,909 164,909 013 0602890F HIGH ENERGY LASER RESEARCH ...... 42,037 42,037 SUBTOTAL APPLIED RESEARCH ...... 1,217,342 1,217,342

ADVANCED TECHNOLOGY DEVELOPMENT 014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ...... 37,665 47,665 Metals Affordability Initiative ...... [10,000] 015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...... 18,378 18,378 016 0603203F ADVANCED AEROSPACE SENSORS ...... 42,183 42,183 017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...... 100,733 100,733 018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ...... 168,821 168,821 019 0603270F ELECTRONIC COMBAT TECHNOLOGY ...... 47,032 47,032 020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ...... 54,897 54,897 021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...... 12,853 12,853 022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ...... 25,448 25,448 023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ...... 48,536 48,536 024 0603605F ADVANCED WEAPONS TECHNOLOGY ...... 30,195 30,195 025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ...... 42,630 52,630 Maturation of advanced manufacturing for low-cost sustainment ...... [10,000 ] 026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION ...... 46,414 46,414 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 675,785 695,785

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ...... 5,032 5,032 029 0603438F SPACE CONTROL TECHNOLOGY ...... 4,070 4,070 030 0603742F COMBAT IDENTIFICATION TECHNOLOGY ...... 21,790 21,790 031 0603790F NATO RESEARCH AND DEVELOPMENT ...... 4,736 4,736

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

033 0603830F SPACE SECURITY AND DEFENSE PROGRAM ...... 30,771 30,771 034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ...... 39,765 39,765 036 0604015F LONG RANGE STRIKE ...... 1,246,228 556,228 Delayed EMD contract award ...... [–690,000 ] 037 0604317F TECHNOLOGY TRANSFER...... 3,512 8,512 Technology transfer program increase ...... [5,000 ] 038 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM ...... 54,637 54,637 040 0604422F WEATHER SYSTEM FOLLOW-ON ...... 76,108 51,108 Unjustified increase and analysis of alternatives ...... [–25,000 ] 044 0604857F OPERATIONALLY RESPONSIVE SPACE ...... 6,457 19,957 SSA, Weather, or Launch Activities ...... [13,500 ] 045 0604858F TECH TRANSITION PROGRAM ...... 246,514 246,514 046 0605230F GROUND BASED STRATEGIC DETERRENT ...... 75,166 75,166 049 0207110F NEXT GENERATION AIR DOMINANCE ...... 8,830 8,830 050 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) ...... 14,939 14,939 051 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 142,288 142,288 052 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ...... 81,732 96,732 Increase USCC Cyber Operations Technology Development ...... [15,000 ] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 2,062,575 1,381,075

SYSTEM DEVELOPMENT & DEMONSTRATION 055 0604270F ELECTRONIC WARFARE DEVELOPMENT ...... 929 929 056 0604281F TACTICAL DATA NETWORKS ENTERPRISE ...... 60,256 60,256 057 0604287F PHYSICAL SECURITY EQUIPMENT ...... 5,973 5,973 058 0604329F SMALL DIAMETER BOMB (SDB)—EMD ...... 32,624 32,624 059 0604421F COUNTERSPACE SYSTEMS...... 24,208 24,208 060 0604425F SPACE SITUATION AWARENESS SYSTEMS ...... 32,374 32,374 061 0604426F SPACE FENCE...... 243,909 243,909 062 0604429F AIRBORNE ELECTRONIC ATTACK ...... 8,358 8,358 063 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ...... 292,235 292,235 064 0604602F ARMAMENT/ORDNANCE DEVELOPMENT...... 40,154 40,154 065 0604604F SUBMUNITIONS ...... 2,506 2,506 066 0604617F AGILE COMBAT SUPPORT ...... 57,678 57,678 067 0604706F LIFE SUPPORT SYSTEMS ...... 8,187 8,187 068 0604735F COMBAT TRAINING RANGES ...... 15,795 15,795 069 0604800F F–35—EMD ...... 589,441 589,441 071 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD ...... 84,438 184,438 EELV Program—Rocket Propulsion System Development ...... [100,000 ] 072 0604932F LONG RANGE STANDOFF WEAPON ...... 36,643 16,143 Contract delay ...... [–20,500] 073 0604933F ICBM FUZE MODERNIZATION ...... 142,551 142,551 074 0605213F F–22 MODERNIZATION INCREMENT 3.2B ...... 140,640 140,640 075 0605214F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ...... 3,598 3,598 076 0605221F KC–46 ...... 602,364 402,364 Program decrease ...... [–200,000 ] 077 0605223F ADVANCED PILOT TRAINING ...... 11,395 11,395 078 0605229F CSAR HH–60 RECAPITALIZATION ...... 156,085 156,085 080 0605431F ADVANCED EHF MILSATCOM (SPACE) ...... 228,230 228,230 081 0605432F POLAR MILSATCOM (SPACE) ...... 72,084 72,084 082 0605433F WIDEBAND GLOBAL SATCOM (SPACE) ...... 56,343 52,343 Excess to need ...... [–4,000 ] 083 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ...... 47,629 47,629 084 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM ...... 271,961 271,961 085 0101125F NUCLEAR WEAPONS MODERNIZATION ...... 212,121 212,121 086 0207171F F–15 EPAWSS...... 186,481 186,481 087 0207701F FULL COMBAT MISSION TRAINING ...... 18,082 18,082 088 0305176F COMBAT SURVIVOR EVADER LOCATOR ...... 993 993 089 0307581F NEXTGEN JSTARS...... 44,343 44,343 091 0401319F PRESIDENTIAL AIRCRAFT REPLACEMENT (PAR) ...... 102,620 102,620 092 0701212F AUTOMATED TEST SYSTEMS ...... 14,563 14,563 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 3,847,791 3,723,291

MANAGEMENT SUPPORT 093 0604256F THREAT SIMULATOR DEVELOPMENT ...... 23,844 23,844 094 0604759F MAJOR T&E INVESTMENT ...... 68,302 73,302 Airborne Sensor Data Correlation Project ...... [5,000 ] 095 0605101F RAND PROJECT AIR FORCE ...... 34,918 34,918 097 0605712F INITIAL OPERATIONAL TEST & EVALUATION ...... 10,476 10,476 098 0605807F TEST AND EVALUATION SUPPORT ...... 673,908 673,908 099 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 21,858 21,858 100 0605864F SPACE TEST PROGRAM (STP) ...... 28,228 28,228 101 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 40,518 40,518 102 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ...... 27,895 27,895 103 0606017F REQUIREMENTS ANALYSIS AND MATURATION ...... 16,507 16,507 104 0606116F SPACE TEST AND TRAINING RANGE DEVELOPMENT ...... 18,997 18,997 106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ...... 185,305 176,727 Excess to need ...... [–8,578 ] 107 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ...... 4,841 4,841 108 0702806F ACQUISITION AND MANAGEMENT SUPPORT ...... 15,357 15,357 109 0804731F GENERAL SKILL TRAINING ...... 1,315 1,315 111 1001004F INTERNATIONAL ACTIVITIES...... 2,315 2,315 SUBTOTAL MANAGEMENT SUPPORT ...... 1,174,584 1,171,006

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

OPERATIONAL SYSTEMS DEVELOPMENT 112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT ...... 350,232 350,232 113 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ...... 10,465 10,465 114 0604445F WIDE AREA SURVEILLANCE ...... 24,577 24,577 117 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ...... 69,694 10,694 Forward financing, excluding funding for audit readiness ...... [–59,000 ] 118 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...... 26,718 26,718 119 0605278F HC/MC–130 RECAP RDT&E ...... 10,807 10,807 121 0101113F B–52 SQUADRONS...... 74,520 74,520 122 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ...... 451 451 123 0101126F B–1B SQUADRONS...... 2,245 2,245 124 0101127F B–2 SQUADRONS...... 108,183 108,183 125 0101213F MINUTEMAN SQUADRONS...... 178,929 178,929 126 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...... 28,481 28,481 127 0101314F NIGHT FIST—USSTRATCOM...... 87 87 128 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS ...... 5,315 5,315 131 0105921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES ...... 8,090 8,090 132 0205219F MQ–9 UAV...... 123,439 123,439 134 0207131F A–10 SQUADRONS...... 16,200 A–10 restoration: operational flight program development ...... [16,200] 135 0207133F F–16 SQUADRONS...... 148,297 198,297 AESA Radar Integration ...... [50,000] 136 0207134F F–15E SQUADRONS...... 179,283 192,079 Transfer from procurement ...... [12,796] 137 0207136F MANNED DESTRUCTIVE SUPPRESSION ...... 14,860 14,860 138 0207138F F–22A SQUADRONS...... 262,552 262,552 139 0207142F F–35 SQUADRONS...... 115,395 53,921 Program delay ...... [–61,474 ] 140 0207161F TACTICAL AIM MISSILES ...... 43,360 43,360 141 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 46,160 46,160 143 0207224F COMBAT RESCUE AND RECOVERY ...... 412 412 144 0207227F COMBAT RESCUE—PARARESCUE...... 657 657 145 0207247F AF TENCAP...... 31,428 31,428 146 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ...... 1,105 1,105 147 0207253F COMPASS CALL...... 14,249 14,249 148 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 103,942 103,942 149 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...... 12,793 12,793 150 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...... 21,193 21,193 151 0207412F CONTROL AND REPORTING CENTER (CRC) ...... 559 559 152 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...... 161,812 161,812 153 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ...... 6,001 6,001 155 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...... 7,793 7,793 156 0207444F TACTICAL AIR CONTROL PARTY-MOD ...... 12,465 12,465 157 0207448F C2ISR TACTICAL DATA LINK ...... 1,681 1,681 159 0207452F DCAPES ...... 16,796 16,796 161 0207590F SEEK EAGLE...... 21,564 21,564 162 0207601F USAF MODELING AND SIMULATION ...... 24,994 24,994 163 0207605F WARGAMING AND SIMULATION CENTERS ...... 6,035 6,035 164 0207697F DISTRIBUTED TRAINING AND EXERCISES ...... 4,358 4,358 165 0208006F MISSION PLANNING SYSTEMS ...... 55,835 55,835 167 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS ...... 12,874 12,874 168 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ...... 7,681 7,681 171 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ...... 5,974 5,974 177 0301400F SPACE SUPERIORITY INTELLIGENCE ...... 13,815 13,815 178 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ...... 80,360 80,360 179 0303001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ...... 3,907 3,907 180 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 75,062 75,062 181 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ...... 46,599 46,599 183 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ...... 2,470 2,470 186 0304260F AIRBORNE SIGINT ENTERPRISE ...... 112,775 112,775 189 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...... 4,235 4,235 192 0305110F SATELLITE CONTROL NETWORK (SPACE) ...... 7,879 5,879 Unjustified increase in systems engineering ...... [–2,000 ] 193 0305111F WEATHER SERVICE...... 29,955 29,955 194 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ...... 21,485 21,485 195 0305116F AERIAL TARGETS...... 2,515 2,515 198 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ...... 472 472 199 0305145F ARMS CONTROL IMPLEMENTATION ...... 12,137 12,137 200 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 361 361 203 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ...... 3,162 3,162 204 0305174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT ...... 1,543 1,543 205 0305179F INTEGRATED BROADCAST SERVICE (IBS) ...... 7,860 7,860 206 0305182F SPACELIFT RANGE SYSTEM (SPACE) ...... 6,902 6,902 207 0305202F DRAGON U–2...... 34,471 34,471 209 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ...... 50,154 60,154 Wide Area Surveillance Capability ...... [10,000] 210 0305207F MANNED RECONNAISSANCE SYSTEMS ...... 13,245 13,245 211 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 22,784 22,784 212 0305219F MQ–1 PREDATOR A UAV ...... 716 716 213 0305220F RQ–4 UAV...... 208,053 203,053 Program delays ...... [–5,000]

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

214 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ...... 21,587 21,587 215 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) ...... 43,986 43,986 216 0305238F NATO AGS...... 197,486 138,400 Transfer to Procurement for NATO AWACS ...... [–59,086] 217 0305240F SUPPORT TO DCGS ENTERPRISE ...... 28,434 28,434 218 0305265F GPS III SPACE SEGMENT ...... 180,902 180,902 220 0305614F JSPOC MISSION SYSTEM ...... 81,911 81,911 221 0305881F RAPID CYBER ACQUISITION ...... 3,149 3,149 222 0305913F NUDET DETECTION SYSTEM (SPACE) ...... 14,447 14,447 223 0305940F SPACE SITUATION AWARENESS OPERATIONS ...... 20,077 20,077 225 0308699F SHARED EARLY WARNING (SEW) ...... 853 853 226 0401115F C–130 AIRLIFT SQUADRON ...... 33,962 33,962 227 0401119F C–5 AIRLIFT SQUADRONS (IF) ...... 42,864 22,864 Forward financing ...... [–20,000 ] 228 0401130F C–17 AIRCRAFT (IF) ...... 54,807 54,807 229 0401132F C–130J PROGRAM...... 31,010 31,010 230 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ...... 6,802 6,802 231 0401219F KC–10S ...... 1,799 1,799 232 0401314F OPERATIONAL SUPPORT AIRLIFT ...... 48,453 48,453 233 0401318F CV–22 ...... 36,576 36,576 235 0408011F SPECIAL TACTICS / COMBAT CONTROL ...... 7,963 7,963 236 0702207F DEPOT MAINTENANCE (NON-IF) ...... 1,525 1,525 237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ...... 112,676 68,400 Program growth ...... [–44,276 ] 238 0708611F SUPPORT SYSTEMS DEVELOPMENT ...... 12,657 12,657 239 0804743F OTHER FLIGHT TRAINING ...... 1,836 1,836 240 0808716F OTHER PERSONNEL ACTIVITIES ...... 121 121 241 0901202F JOINT PERSONNEL RECOVERY AGENCY ...... 5,911 5,911 242 0901218F CIVILIAN COMPENSATION PROGRAM ...... 3,604 3,604 243 0901220F PERSONNEL ADMINISTRATION...... 4,598 4,598 244 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ...... 1,103 1,103 246 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ...... 101,840 101,840 246A 9999999999 CLASSIFIED PROGRAMS...... 12,780,142 12,780,142 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 17,010,339 16,848,499

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 26,473,669 25,544,751

RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH INITIATIVE ...... 38,436 38,436 002 0601101E DEFENSE RESEARCH SCIENCES ...... 333,119 333,119 003 0601110D8Z BASIC RESEARCH INITIATIVES ...... 42,022 42,022 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ...... 56,544 56,544 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ...... 49,453 54,453 STEM program increase ...... [5,000] 006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS ...... 25,834 35,834 Program increase ...... [10,000] 007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 46,261 46,261 SUBTOTAL BASIC RESEARCH ...... 591,669 606,669

APPLIED RESEARCH 008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ...... 19,352 19,352 009 0602115E BIOMEDICAL TECHNOLOGY...... 114,262 114,262 010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ...... 51,026 51,026 011 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES ...... 48,226 48,226 012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ...... 356,358 356,358 014 0602383E BIOLOGICAL WARFARE DEFENSE ...... 29,265 29,265 015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 208,111 208,111 016 0602668D8Z CYBER SECURITY RESEARCH ...... 13,727 13,727 018 0602702E TACTICAL TECHNOLOGY...... 314,582 309,582 Multi-azimuth defense fast intercept round engagement system ...... [–5,000 ] 019 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ...... 220,115 201,721 Program decrease ...... [–18,394 ] 020 0602716E ELECTRONICS TECHNOLOGY...... 174,798 174,798 021 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ...... 155,415 155,415 022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH ...... 8,824 8,824 023 1160401BB SOF TECHNOLOGY DEVELOPMENT ...... 37,517 37,517 SUBTOTAL APPLIED RESEARCH ...... 1,751,578 1,728,184

ADVANCED TECHNOLOGY DEVELOPMENT 024 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ...... 25,915 25,915 026 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...... 71,171 111,171 Program increase ...... [40,000] 027 0603133D8Z FOREIGN COMPARATIVE TESTING ...... 21,782 21,782 028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT 290,654 290,654 030 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ...... 12,139 12,139 031 0603177C DISCRIMINATION SENSOR TECHNOLOGY ...... 28,200 28,200 032 0603178C WEAPONS TECHNOLOGY...... 45,389 7,367 High Power Directed Energy—Missile Destruct ...... [–26,055 ] Move to support Multiple Object Kill Vehicle ...... [–11,967 ] 033 0603179C ADVANCED C4ISR...... 9,876 9,876 034 0603180C ADVANCED RESEARCH...... 17,364 17,364

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ...... 18,802 18,802 036 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)—THEATER CAPABILITY ...... 2,679 2,679 037 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ...... 64,708 51,458 Unjustified growth ...... [–13,250] 038 0603286E ADVANCED AEROSPACE SYSTEMS ...... 185,043 185,043 039 0603287E SPACE PROGRAMS AND TECHNOLOGY ...... 126,692 126,692 040 0603288D8Z ANALYTIC ASSESSMENTS...... 14,645 14,645 041 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ...... 59,830 49,830 Program decrease ...... [–10,000 ] 042 0603294C COMMON KILL VEHICLE TECHNOLOGY ...... 46,753 7,195 MOKV Concept Development ...... [–39,558] 043 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT ...... 140,094 140,094 044 0603527D8Z RETRACT LARCH...... 118,666 108,666 Program decrease ...... [–10,000 ] 045 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 43,966 23,966 Program decrease ...... [–20,000 ] 046 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ...... 141,540 116,540 Program decrease ...... [–25,000 ] 047 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...... 6,980 6,980 050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ...... 157,056 142,056 Unjustified growth ...... [–15,000] 051 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ...... 33,515 41,015 Efforts to counter-ISIL and Russian aggression ...... [7,500 ] 052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ...... 16,543 16,543 053 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY ...... 29,888 29,888 054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...... 65,836 65,836 055 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ...... 79,037 89,037 Trusted Source Implementation for Field Programmable Gate Arrays Study ...... [10,000 ] 056 0603727D8Z JOINT WARFIGHTING PROGRAM ...... 9,626 5,000 Program decrease ...... [–4,626 ] 057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 79,021 79,021 058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ...... 201,335 201,335 059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ...... 452,861 432,861 Excessive program growth ...... [–20,000] 060 0603767E SENSOR TECHNOLOGY...... 257,127 257,127 061 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT ...... 10,771 10,771 062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...... 15,202 15,202 063 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...... 90,500 65,500 Unjustified growth ...... [–25,000] 066 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ...... 18,377 18,377 067 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 82,589 82,589 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ...... 37,420 37,420 069 0303310D8Z CWMD SYSTEMS...... 42,488 42,488 070 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...... 57,741 57,741 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 3,229,821 3,066,865

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 071 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P ...... 31,710 31,710 073 0603600D8Z WALKOFF ...... 90,567 90,567 074 0603714D8Z ADVANCED SENSORS APPLICATION PROGRAM ...... 15,900 15,900 075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ...... 52,758 52,758 076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT ...... 228,021 228,021 077 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ...... 1,284,891 1,284,891 077A 0603XXXX MULTIPLE-OBJECT KILL VEHICLE ...... 81,525 Divert attitude control systems technology to support Multi-Object Kill Vehicle ...... [10,000] Establish MOKV Program of Record ...... [71,525 ] 078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ...... 172,754 172,754 079 0603884C BALLISTIC MISSILE DEFENSE SENSORS ...... 233,588 233,588 080 0603890C BMD ENABLING PROGRAMS ...... 409,088 409,088 080A 0603XXXC WEAPONS TECHNOLOGY—HIGH POWER DE ...... 26,055 High Power Directed Energy—Missile Destruct ...... [26,055 ] 081 0603891C SPECIAL PROGRAMS—MDA...... 400,387 400,387 082 0603892C AEGIS BMD...... 843,355 843,355 083 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ...... 31,632 31,632 084 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ...... 23,289 23,289 085 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND 450,085 437,785 COMMUNICATI. Future Spirals concurrency with multiple ongoing efforts and excess growth ...... [–12,300 ] 086 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ...... 49,570 49,570 087 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ...... 49,211 49,211 088 0603906C REGARDING TRENCH...... 9,583 9,583 089 0603907C SEA BASED X-BAND RADAR (SBX) ...... 72,866 72,866 090 0603913C ISRAELI COOPERATIVE PROGRAMS ...... 102,795 267,595 Arrow 3 ...... [19,500 ] Arrow System Improvement Program ...... [45,500 ] David’s Sling ...... [99,800] 091 0603914C BALLISTIC MISSILE DEFENSE TEST ...... 274,323 274,323 092 0603915C BALLISTIC MISSILE DEFENSE TARGETS ...... 513,256 513,256 093 0603920D8Z HUMANITARIAN DEMINING...... 10,129 10,129 094 0603923D8Z COALITION WARFARE...... 10,350 10,350 095 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ...... 1,518 11,518 Program Increase ...... [10,000]

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

096 0604115C TECHNOLOGY MATURATION INITIATIVES ...... 96,300 96,300 097 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ...... 469,798 469,798 098 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DE- 3,129 3,129 VELOPMENT. 103 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY AS- 25,200 25,200 SESSMENTS. 105 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...... 137,564 137,564 106 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ...... 278,944 298,944 Redesigned kill vehicle development ...... [20,000] 107 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST ...... 26,225 26,225 108 0604878C AEGIS BMD TEST ...... 55,148 55,148 109 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ...... 86,764 86,764 110 0604880C LAND-BASED SM–3 (LBSM3) ...... 34,970 34,970 111 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ...... 172,645 172,645 112 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST ...... 64,618 64,618 114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ...... 2,660 2,660 115 0305103C CYBER SECURITY INITIATIVE ...... 963 963 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES ...... 6,816,554 7,106,634

SYSTEM DEVELOPMENT AND DEMONSTRATION 116 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ...... 8,800 8,800 117 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ...... 78,817 88,817 Concept development by the Army of a CPGS option ...... [5,000 ] Concept development by the Navy of a CPGS option ...... [5,000 ] 118 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ...... 303,647 303,647 119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) ...... 23,424 23,424 120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ...... 14,285 14,285 121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ...... 7,156 7,156 122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ...... 12,542 42 DCMA program decrease ...... [–12,500] 123 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 191 191 124 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ...... 3,273 3,273 125 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ...... 5,962 5,962 126 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION ...... 13,412 13,412 127 0605075D8Z DCMO POLICY AND INTEGRATION ...... 2,223 2,223 128 0605080S DEFENSE AGENCY INTIATIVES (DAI)—FINANCIAL SYSTEM ...... 31,660 31,660 129 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) ...... 13,085 13,085 130 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ...... 7,209 7,209 131 0303141K GLOBAL COMBAT SUPPORT SYSTEM ...... 15,158 13,794 Early to need ...... [–1,364 ] 132 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) ...... 4,414 4,414 SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION ...... 545,258 541,394

MANAGEMENT SUPPORT 133 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ...... 5,581 5,581 134 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ...... 3,081 3,081 135 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) ...... 229,125 229,125 136 0604942D8Z ASSESSMENTS AND EVALUATIONS ...... 28,674 21,674 Program decrease ...... [–7,000 ] 138 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ...... 45,235 45,235 139 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 24,936 24,936 141 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ...... 35,471 35,471 144 0605142D8Z SYSTEMS ENGINEERING...... 37,655 37,655 145 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ...... 3,015 3,015 146 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ...... 5,287 5,287 147 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ...... 5,289 5,289 148 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ...... 2,120 2,120 149 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 102,264 102,264 158 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY 2,169 2,169 TRANSFER. 159 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ...... 13,960 13,960 160 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...... 51,775 51,775 161 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION ...... 9,533 9,533 162 0605804D8Z DEVELOPMENT TEST AND EVALUATION ...... 17,371 21,371 Program increase ...... [4,000] 163 0605898E MANAGEMENT HQ—R&D...... 71,571 71,571 164 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...... 4,123 4,123 165 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ...... 1,946 1,946 166 0204571J JOINT STAFF ANALYTICAL SUPPORT ...... 7,673 7,673 169 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 10,413 10,413 170 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ...... 971 971 171 0305193D8Z CYBER INTELLIGENCE...... 6,579 6,579 173 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—MHA ...... 43,811 43,811 174 0901598C MANAGEMENT HQ—MDA...... 35,871 35,871 176 0903230D8W WHS—MISSION OPERATIONS SUPPORT—IT ...... 1,072 1,072 177A 9999999999 CLASSIFIED PROGRAMS...... 49,500 49,500 SUBTOTAL MANAGEMENT SUPPORT ...... 856,071 853,071

OPERATIONAL SYSTEM DEVELOPMENT 178 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...... 7,929 7,929 179 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFOR- 1,750 1,750 MATION MANA.

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‘‘SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2016 Agreement Line Element Item Request Authorized

180 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) .... 294 294 181 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT ...... 22,576 22,576 182 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT ...... 1,901 1,901 183 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS 8,474 8,474 (G-TSCMIS). 184 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) ...... 33,561 33,561 186 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,061 3,061 187 0208045K C4I INTEROPERABILITY...... 64,921 64,921 189 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ...... 3,645 3,645 193 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ...... 963 963 194 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ...... 10,186 10,186 195 0303126K LONG-HAUL COMMUNICATIONS—DCS...... 36,883 36,883 196 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 13,735 13,735 197 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ...... 6,101 6,101 198 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ...... 43,867 43,867 199 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ...... 8,957 8,957 200 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ...... 146,890 146,890 201 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ...... 21,503 21,503 202 0303153K DEFENSE SPECTRUM ORGANIZATION ...... 20,342 20,342 203 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ...... 444 444 205 0303610K TELEPORT PROGRAM...... 1,736 1,736 206 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ...... 65,060 65,060 210 0305103K CYBER SECURITY INITIATIVE ...... 2,976 2,976 215 0305186D8Z POLICY R&D PROGRAMS ...... 4,182 4,182 216 0305199D8Z NET CENTRICITY...... 18,130 18,130 218 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 5,302 5,302 221 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 3,239 3,239 225 0305327V INSIDER THREAT...... 11,733 11,733 226 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ...... 2,119 2,119 234 0708011S INDUSTRIAL PREPAREDNESS...... 24,605 19,245 DLA Uniform Research ...... [–5,360 ] 235 0708012S LOGISTICS SUPPORT ACTIVITIES ...... 1,770 1,770 236 0902298J MANAGEMENT HQ—OJCS...... 2,978 2,978 237 1105219BB MQ–9 UAV...... 18,151 23,151 Medium Altitude Long Endurance Tactical (MALET) MQ–9 Unmanned Aerial Vehicle ...... [5,000 ] 238 1105232BB RQ–11 UAV...... 758 758 240 1160403BB AVIATION SYSTEMS...... 173,934 189,134 MC–130 Terrain Following/Terrain Avoidance Radar Program ...... [15,200 ] 241 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ...... 6,866 6,866 242 1160408BB OPERATIONAL ENHANCEMENTS...... 63,008 63,008 243 1160431BB WARRIOR SYSTEMS...... 25,342 25,342 244 1160432BB SPECIAL PROGRAMS...... 3,401 3,401 245 1160480BB SOF TACTICAL VEHICLES ...... 3,212 3,212 246 1160483BB MARITIME SYSTEMS...... 63,597 63,597 247 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 3,933 3,933 248 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 10,623 10,623 248A 9999999999 CLASSIFIED PROGRAMS...... 3,564,272 3,564,272 SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ...... 4,538,910 4,553,750

UNDISTRIBUTED 249 XXXXXXX DEFENSE WIDE CYBER VULNERABILITY ASSESSMENT ...... 200,000 Assess all major weapon systems for cyber vulnerability ...... [200,000 ] 251 XXXXXXX TECHNOLOGY OFFSET INITIATIVE ...... 300,000 Supports innovative technology development ...... [300,000 ] SUBTOTAL UNDISTRIBUTED ...... 500,000

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 18,329,861 18,956,567

OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION ...... 76,838 76,838 002 0605131OTE LIVE FIRE TEST AND EVALUATION ...... 46,882 46,882 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ...... 46,838 46,838 SUBTOTAL MANAGEMENT SUPPORT ...... 170,558 170,558

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ...... 170,558 170,558

TOTAL RDT&E ...... 69,784,963 70,005,814’’.

SA 2797. Mr. BLUNT (for himself and other purposes; which was ordered to cludes, with respect to each medical center Mrs. MCCASKILL) submitted an amend- lie on the table; as follows: of the Department that has not had a perma- ment intended to be proposed to At the end of title II, add the following: nent Director for a period of more than 30 amendment SA 2763 proposed by Mr. SEC. 2ll. Not later than 30 days after the days as of the date of submittal of the re- KIRK (for himself, Mr. TESTER, and Ms. date of the enactment of this Act, the Sec- port, the following: retary of Veterans Affairs shall submit to (1) A description of the nature and scope of MIKULSKI) to the bill H.R. 2029, making the Committee on Veterans’ Affairs of the appropriations for military construc- the lack of permanent leadership at the med- Senate and the Committee on Veterans’ Af- ical center. tion, the Department of Veterans Af- fairs of the House of Representatives a re- (2) An assessment of whether the lack of fairs, and related agencies for the fiscal port on leadership at medical centers of the permanent leadership at the medical center year ending September 30, 2016, and for Department of Veterans Affairs that in-

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.035 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7932 CONGRESSIONAL RECORD — SENATE November 10, 2015 is related to an increase in wait times for (A) Veterans who are members of Indian (A)(i) decrease the quality of health care medical appointments at the medical center. tribes. provided to veterans who are beneficiaries of (3) An assessment of whether the lack of (B) Veterans who live in rural or highly the Indian Health Service; and permanent leadership at the medical center rural areas. (ii) impede the access of such veterans to is related to inconsistencies in the quality of (5) An analysis of how each realignment health care; or health care delivered and the environment in will impact access to and enrollment in (B) substantially decrease the quality of or which health care is delivered. posttraumatic stress disorder programs and access to health care by individuals receiv- (4) A description of any action taken by residential rehabilitation treatment pro- ing health care from the Department of Vet- the Department to correct the lack of per- grams of the Department and the capacity of erans Affairs or beneficiaries of the Indian manent leadership at the medical center. such programs to provide services within Health Service. (5) A plan for how the Secretary will rem- each Veterans Integrated Service Network (b) Not later than 45 days after the date of edy the lack of permanent leadership at the and nationally. the enactment of this Act, the Secretary of medical center, including a detailed descrip- (b) The actions described in this subsection Veterans Affairs shall submit to Congress a tion of steps to be taken and a timeline for are the following: report that contains— completion. (1) The closure of a medical facility of the (1) the number, disaggregated by State, of Department. veterans who are beneficiaries of the Indian SA 2798. Mr. TESTER (for Mrs. (2) The use of any funds of the Department Health Service and have received health care BOXER) proposed an amendment to to prepare any environment impact state- at a medical facility of the Department of amendment SA 2763 proposed by Mr. ment that is related to the closure of a med- Veterans Affairs; KIRK (for himself, Mr. TESTER, and Ms. ical facility of the Department. (2) the number, disaggregated by State and (3) Any action that— MIKULSKI) to the bill H.R. 2029, making calendar year, of veterans who are bene- appropriations for military construc- (A) diminishes the ability of veterans to ficiaries of the Indian Health Service and receive health care from the Department, or tion, the Department of Veterans Af- were referred to a medical facility of the De- diminishes the quality of such health care; partment from a facility of the Indian fairs, and related agencies for the fiscal and Health Service during the period beginning year ending September 30, 2016, and for (B) is related to the closure of a medical on January 1, 2010, and ending on December other purposes; as follows: facility of the Department. 31, 2015; and At the end of title II, add the following: (c) In this section— (3) an update on efforts of the Department SEC. 247. Of the amounts appropriated or (1) the term ‘‘appropriate committees of to streamline health care for veterans who otherwise made available by this title for Congress’’ means— are beneficiaries of the Indian Health Serv- ‘‘MEDICAL SERVICES’’, not more than $5,000,000 (A) the Committee on Appropriations and ice and have received health care at a med- shall be available to the Secretary of Vet- the Committee on Veterans’ Affairs of the ical facility of the Department and at a fa- erans Affairs to carry out a pilot program to Senate; and cility of the Indian Health Service, includ- assess the feasibility and advisability of (B) the Committee on Appropriations and ing— awarding grants to veterans service agen- the Committee on Veterans’ Affairs of the (A) any changes to the provision of health cies, veterans service organizations, and non- House of Representatives; and care required under the Indian Health Care governmental organizations to provide fur- (2) the term ‘‘Indian tribe’’ has the mean- Improvement Act (25 U.S.C. 1601 et seq.); and niture, household items, and other assist- ing given that term in section 4 of the Indian (B) any barriers to efficiently streamlining ance to formerly homeless veterans who are Self-Determination and Education Assist- the provision of health care to veterans who moving into permanent housing to facilitate ance Act (25 U.S.C. 450b). are beneficiaries of the Indian Health Serv- the settlement of such veterans in such ice. housing. SA 2800. Mr. THUNE submitted an amendment intended to be proposed to (c) In this section— (1) the term ‘‘appropriate committees of SA 2799. Mr. THUNE (for himself and amendment SA 2763 proposed by Mr. Congress’’ means— Mr. ROUNDS) submitted an amendment KIRK (for himself, Mr. TESTER, and Ms. (A) the Committee on Veterans’ Affairs intended to be proposed to amendment MIKULSKI) to the bill H.R. 2029, making and the Committee on Indian Affairs of the SA 2763 proposed by Mr. KIRK (for him- appropriations for military construc- Senate; and self, Mr. TESTER, and Ms. MIKULSKI) to tion, the Department of Veterans Af- (B) the Committee on Veterans’ Affairs the bill H.R. 2029, making appropria- fairs, and related agencies for the fiscal and the Committee on Natural Resources of tions for military construction, the De- year ending September 30, 2016, and for the House of Representatives; partment of Veterans Affairs, and re- other purposes; which was ordered to (2) the term ‘‘beneficiaries of the Indian lie on the table; as follows: Health Service’’ means individuals eligible lated agencies for the fiscal year end- for assistance from the Indian Health Serv- ing September 30, 2016, and for other At the end of title II, add the following: ice; and purposes; which was ordered to lie on SEC. 2ll. (a)(1) Notwithstanding any (3) the term ‘‘Indian tribe’’ has the mean- the table; as follows: other provision of law and except as provided ing given that term in section 4 of the Indian in paragraph (3), the Secretary of Veterans Self-Determination and Education Assist- At the end of title II, add the following: Affairs and the Director of the Indian Health SEC. 2ll. (a) The Secretary of Veterans ance Act (25 U.S.C. 450b). Service shall enter into a memorandum of Affairs may not carry out any action de- understanding, in consultation with Indian scribed in subsection (b) at a medical facility tribes that are impacted by the memo- SA 2801. Mr. TESTER (for Mr. BROWN of the Department of Veterans Affairs lo- randum of understanding, on a national or (for himself and Mr. TILLIS)) proposed cated in Veterans Integrated Service Net- regional basis, that authorizes the Indian an amendment to amendment SA 2763 work 23 as part of a planned realignment of Health Service to pay to the Department of services from the Department until the Sec- proposed by Mr. KIRK (for himself, Mr. Veterans Affairs copayments owed to the De- retary has submitted to the appropriate TESTER, and Ms. MIKULSKI) to the bill partment by veterans who are beneficiaries H.R. 2029, making appropriations for committees of Congress a report that in- of the Indian Health Service for services ren- cludes the following: dered by the Department, including services military construction, the Department (1) A national realignment strategy for the rendered under a contract with a non-De- of Veterans Affairs, and related agen- Veterans Health Administration that in- partment health care provider, to such vet- cies for the fiscal year ending Sep- cludes a detailed description of realignment erans pursuant to a referral from a facility tember 30, 2016, and for other purposes; plans within each Veterans Integrated Serv- of the Indian Health Service under the pur- as follows: ice Network. chased and referred care program of the In- At the end of title II, add the following: (2) An explanation of the process by which dian Health Service. such realignment plans were developed and (2) In entering into a memorandum of un- SEC. 247. DEPARTMENT OF VETERANS AFFAIRS coordinated within each Veterans Integrated derstanding under paragraph (1), the Sec- ACTION PLAN TO IMPROVE VOCA- Service Network. retary of Veterans Affairs and the Director TIONAL REHABILITATION AND EDU- (3) An analysis of the cost versus the ben- of the Indian Health Service shall take into CATION. efit of each realignment included in such re- account any findings from the report re- (a) IN GENERAL.—Not later than 270 days alignment plans, including the cost of re- quired under subsection (b). after the date of the enactment of this Act, placing services furnished directly by the (3) The Secretary of Veterans Affairs and the Secretary of Veterans Affairs shall de- Department of Veterans Affairs with services the Director of the Indian Health Service are velop and publish an action plan for improv- provided under a contract with a non-De- not required to enter into a memorandum of ing the services and assistance provided partment entity. understanding under paragraph (1) if the Sec- under chapter 31 of title 38, United States (4) An analysis of how each realignment retary and the Director jointly certify to the Code. will impact health care within each Veterans appropriate committees of Congress that (b) ELEMENTS.—The plan required by sub- Integrated Service Network for the following such a memorandum of understanding section (a) shall include each of the fol- veterans: would— lowing:

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.038 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7933 (1) A comprehensive analysis of, and rec- MIKULSKI) to the bill H.R. 2029, making TITLE III—OFFICE OF SPACE COMMERCE ommendations and a proposed implementa- appropriations for military construc- Sec. 301. Renaming of office of space com- tion plan for remedying workload manage- tion, the Department of Veterans Af- mercialization. ment challenges at regional offices of the fairs, and related agencies for the fiscal Sec. 302. Functions of the office of space Department of Veterans Affairs, including commerce. steps to reduce counselor caseloads of vet- year ending September 30, 2016, and for other purposes; which was ordered to TITLE IV—SPACE RESOURCE erans participating in a rehabilitation pro- EXPLORATION AND UTILIZATION gram under such chapter, particularly for lie on the table; as follows: counselors who are assisting veterans with At the appropriate place, insert the fol- Sec. 401. Short title. traumatic brain injury and post-traumatic lowing: Sec. 402. Title 51 amendment. stress disorder and counselors with edu- SEC. lll. None of the funds appropriated Sec. 403. Disclaimer of extraterritorial sov- cational and vocational counseling work- or otherwise made available by title II may ereignty. loads. be used to pay any award or bonus under (c) REFERENCES TO TITLE 51, UNITED STATES (2) A comprehensive analysis of the reasons chapter 45 or 53 of title 5, United States CODE.—Except as otherwise expressly pro- for the disproportionately low percentage of Code, to any employee of the Office of Con- vided, wherever in this Act an amendment or veterans with service-connected disabilities struction and Facilities Management of the repeal is expressed in terms of an amend- who served in the Armed Forces after Sep- Department of Veterans Affairs. ment to, or repeal of, a section or other pro- tember 11, 2001, who opt to participate in a vision, the reference shall be considered to rehabilitation program under such chapter SA 2804. Mrs. FEINSTEIN (for her- be made to a section or other provision of relative to the percentage of such veterans self, Mr. DURBIN, and Mr. LEAHY) sub- title 51, United States Code. who use their entitlement to educational as- mitted an amendment intended to be TITLE I—SPURRING PRIVATE AEROSPACE sistance under chapter 33 of title 38, United proposed by her to the bill S. 1356, to COMPETITIVENESS AND ENTREPRE- States Code, including an analysis of bar- clarify that certain provisions of the NEURSHIP riers to timely enrollment in rehabilitation Border Patrol Agent Pay Reform Act SEC. 101. SHORT TITLE. programs under chapter 31 of such title and of 2014 will not take effect until after This title may be cited as the ‘‘Spurring of any barriers to a veteran enrolling in the the Director of the Office of Personnel Private Aerospace Competitiveness and En- program of that veteran’s choice. Management promulgates and makes trepreneurship Act of 2015’’ or ‘‘SPACE Act (3) Recommendations and a proposed im- of 2015’’. plementation plan for encouraging more vet- effective regulations relating to such provisions; which was ordered to lie on SEC. 102. INTERNATIONAL LAUNCH COMPETI- erans with service-connected disabilities who TIVENESS. the table; as follows: served in the Armed Forces after September (a) SENSE OF CONGRESS.—It is the sense of 11, 2001, to participate in rehabilitation pro- Strike sections 1031 through 1034. Congress that it is in the public interest to grams under chapter 31 of such title. update the methodology used to calculate (4) A national staff training program for SA 2805. Mr. THUNE (for Mr. CRUZ the maximum probable loss from claims vocational rehabilitation counselors of the (for himself, Mr. NELSON, Mr. RUBIO, under section 50914 of title 51, United States Department that includes the provision of— Mr. PETERS, Mr. GARDNER, and Mrs. Code, with a validated risk profile approach (A) training to assist counselors in under- MURRAY)) submitted an amendment in- in order to consistently compute valid and standing the very profound disorientation tended to be proposed by Mr. THUNE to reasonable maximum probable loss values. experienced by veterans with service-con- the bill H.R. 2262, to facilitate a pro- (b) IMPLEMENTATION.—Not later than 180 nected disabilities whose lives and life-plans days after the date of enactment of this Act, have been upended and out of their control growth environment for the developing commercial space industry by encour- the Secretary of Transportation, in consulta- because of such disabilities; tion with the commercial space sector and (B) training to assist counselors in work- aging private sector investment and insurance providers, shall— ing in partnership with veterans on indi- creating more stable and predictable (1) evaluate the methodology used to cal- vidual rehabilitation plans; and regulatory conditions, and for other culate the maximum probable loss from (C) training on post-traumatic stress dis- purposes; as follows: claims under section 50914 of title 51, United order and other mental health conditions Strike all after the enacting clause and in- States Code, and, if necessary, develop a plan and on moderate to severe traumatic brain sert the following: to update that methodology; injury that is designed to improve the abil- SECTION 1. SHORT TITLE; TABLE OF CONTENTS; (2) in evaluating or developing a plan under ity of such counselors to assist veterans with REFERENCES. paragraph (1)— these conditions, including by providing in- (a) SHORT TITLE.—This Act may be cited as (A) ensure that the Federal Government is formation on the broad spectrum of such the ‘‘U.S. Commercial Space Launch Com- not exposed to greater costs than intended conditions and the effect of such conditions petitiveness Act’’. and that launch companies are not required on an individual’s abilities and functional (b) TABLE OF CONTENTS.—The table of con- to purchase more insurance coverage than limitations. tents of this Act is as follows: necessary; and (B) consider the impact of the cost to both Mr. LEE submitted an Sec. 1. Short title; table of contents; ref- SA 2802. erences. the industry and the Government of imple- amendment intended to be proposed to TITLE I—SPURRING PRIVATE AERO- menting an updated methodology; and amendment SA 2763 proposed by Mr. SPACE COMPETITIVENESS AND ENTRE- (3) submit the evaluation, and any plan, to KIRK (for himself, Mr. TESTER, and Ms. PRENEURSHIP the Committee on Commerce, Science, and MIKULSKI) to the bill H.R. 2029, making Sec. 101. Short title. Transportation of the Senate and the Com- appropriations for military construc- Sec. 102. International launch competitive- mittee on Science, Space, and Technology of tion, the Department of Veterans Af- ness. the House of Representatives. fairs, and related agencies for the fiscal Sec. 103. Indemnification for space flight (c) INDEPENDENT ASSESSMENT.—Not later year ending September 30, 2016, and for participants. than 270 days after the date the evaluation is Sec. 104. Launch license flexibility. submitted under subsection (b)(3), the Comp- other purposes; which was ordered to Sec. 105. Licensing report. troller General shall submit to the Com- lie on the table; as follows: Sec. 106. Federal jurisdiction. mittee on Commerce, Science, and Transpor- At the appropriate place, insert the fol- Sec. 107. Cross waivers. tation of the Senate and the Committee on lowing: Sec. 108. Space authority. Science, Space, and Technology of the House SEC. ll. None of the amounts appro- Sec. 109. Orbital traffic management. of Representatives an assessment of— Sec. 110. Space surveillance and situational priated or otherwise made available by this (1) the analysis and conclusions provided awareness data. Act (or an amendment made by this Act) by the Secretary of Transportation in the shall be used to implement, administer, or Sec. 111. Consensus standards and extension of certain safety regulation re- evaluation, and any plan, under subsection enforce any wage requirement under sub- (b); chapter IV of chapter 31 of title 40, United quirements. Sec. 112. Government astronauts. (2) the implementation schedule proposed States Code, except with respect to any con- Sec. 113. Streamline commercial space by the Secretary in the plan described in tract that is in existence on or prior to the launch activities. paragraph (1); date that is 30 days after the date of enact- Sec. 114. Operation and utilization of the (3) the suitability of the plan described in ment of this Act or made pursuant to an in- ISS. paragraph (1) for implementation; and vitation for bids outstanding on the date Sec. 115. State commercial launch facilities. (4) any further actions needed to imple- that is 30 days after such date of enactment. Sec. 116. Space support vehicles study. ment the plan described in paragraph (1) or Sec. 117. Space launch system update. otherwise accomplish the purpose of this sec- SA 2803. Mr. LEE submitted an TITLE II—COMMERCIAL REMOTE tion. amendment intended to be proposed to SENSING (d) LAUNCH LIABILITY EXTENSION.—Section amendment SA 2763 proposed by Mr. Sec. 201. Annual reports. 50915(f) is amended by striking ‘‘December 31, KIRK (for himself, Mr. TESTER, and Ms. Sec. 202. Statutory update report. 2016’’ and inserting ‘‘September 30, 2025’’.

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FEDERAL JURISDICTION. management of space traffic and orbital ac- (A) in paragraph (4), by adding at the end Section 50914 is amended by adding at the tivities. the following: end the following: (c) CONTENTS.—The study shall include the ‘‘(E) space flight participants.’’; and ‘‘(g) FEDERAL JURISDICTION.—Any claim by following: (B) by adding at the end the following: a third party or space flight participant for (1) An assessment of current regulations, ‘‘(5) Subparagraph (E) of paragraph (4) death, bodily injury, or property damage or best practices, and industry standards that ceases to be effective September 30, 2025.’’; loss resulting from an activity carried out apply to space traffic management and or- and under the license shall be the exclusive juris- bital debris mitigation. (2) in section 50915(a)— diction of the Federal courts.’’. (2) An assessment of current statutory au- (A) in paragraph (1), by striking ‘‘a li- SEC. 107. CROSS WAIVERS. thorities granted to the Federal Communica- censee or transferee under this chapter, a Section 50914(b)(1) is amended to read as tions Commission, the Department of Trans- contractor, subcontractor, or customer of follows: portation, and the Department of Commerce the licensee or transferee, or a contractor or ‘‘(1)(A) A launch or reentry license issued that apply to space traffic management and subcontractor of a customer, but not against or transferred under this chapter shall con- orbital debris mitigation and how those a space flight participant,’’ and inserting ‘‘a tain a provision requiring the licensee or agencies utilize and coordinate those au- person described in paragraph (3)(A)’’; and transferee to make a reciprocal waiver of thorities. (B) by adding at the end the following: claims with applicable parties involved in (3) A review of all space traffic manage- ‘‘(3)(A) A person described in this subpara- launch services or reentry services under ment and orbital debris requirements under graph is— which each party to the waiver agrees to be treaties and other international agreements ‘‘(i) a licensee or transferee under this responsible for personal injury to, death of, to which the United States is a signatory, chapter; or property damage or loss sustained by it or and other nonbinding international arrange- ‘‘(ii) a contractor, subcontractor, or cus- its own employees resulting from an activity ments in which the United States partici- tomer of the licensee or transferee; carried out under the applicable license. pates, and the manner and extent to which ‘‘(iii) a contractor or subcontractor of a ‘‘(B) In this paragraph, the term ‘applica- the Federal Government complies with those customer; or ble parties’ means— requirements and arrangements. ‘‘(iv) a space flight participant. ‘‘(i) contractors, subcontractors, and cus- (4) An assessment of existing Federal Gov- ‘‘(B) Clause (iv) of subparagraph (A) ceases tomers of the licensee or transferee; ernment assets used to conduct space traffic to be effective September 30, 2025.’’. ‘‘(ii) contractors and subcontractors of the management and space situational aware- SEC. 104. LAUNCH LICENSE FLEXIBILITY. customers; and ness. Section 50906 is amended— ‘‘(iii) space flight participants. (5) An assessment of the risk to space traf- (1) in subsection (d)— ‘‘(C) Clause (iii) of subparagraph (B) ceases fic management associated with smallsats (A) in the matter preceding paragraph (1), to be effective September 30, 2025.’’. and any necessary Government coordination by striking ‘‘that will be launched or reen- SEC. 108. SPACE AUTHORITY. for their launch and utilization to avoid con- gestion of the orbital environment and im- tered’’ and inserting ‘‘or reusable launch ve- (a) IN GENERAL.—Not later than 120 days hicles that will be launched into a suborbital after the date of enactment of this Act, the prove space situational awareness. trajectory or reentered under that permit’’; Director of the Office of Science and Tech- (6) An assessment of existing private sector (B) by amending paragraph (1) to read as nology Policy, in consultation with the Sec- information sharing activities associated follows: retary of State, the Secretary of Transpor- with space situational awareness and space ‘‘(1) research and development to test de- tation, the Administrator of the National traffic management. sign concepts, equipment, or operating tech- Aeronautics and Space Administration, the (7) Recommendations related to the appro- niques;’’; and heads of other relevant Federal agencies, and priate framework for the protection of the (C) in paragraph (3)— the commercial space sector, shall— health, safety, and welfare of the public and (i) by striking ‘‘prior to obtaining a li- (1) assess current, and proposed near-term, economic vitality of the space industry. (d) REPORT.—Not later than 1 year after cense’’; and commercial non-governmental activities the date of enactment of this Act, the Ad- (ii) by inserting ‘‘or vehicle’’ after ‘‘design conducted in space; ministrator shall submit to the Committee of the rocket’’; (2) identify appropriate authorization and (2) in subsection (e)— on Commerce, Science, and Transportation supervision authorities for the activities de- of the Senate and the Committee on Science, (A) in paragraph (1), by striking ‘‘sub- scribed in paragraph (1); orbital rocket design’’ and inserting ‘‘sub- Space, and Technology of the House of Rep- (3) recommend an authorization and super- resentatives the study required in subsection orbital rocket or suborbital rocket design, or vision approach that would prioritize safety, for a particular reusable launch vehicle or (b). utilize existing authorities, minimize bur- (e) DEPARTMENT OF DEFENSE AUTHORI- reusable launch vehicle design,’’; and dens to the industry, promote the U.S. com- TIES.— (B) in paragraph (2), by inserting ‘‘or mercial space sector, and meet the United (1) SENSE OF CONGRESS.—It is the sense of launch vehicle’’ after ‘‘the suborbital rock- States obligations under international trea- Congress that the Department of Defense et’’; ties; and plays a vital and unique role in protecting (3) by amending subsection (g) to read as (4) submit to the Committee on Commerce, national security assets in space. follows: Science, and Transportation of the Senate (2) RULE OF CONSTRUCTION.—Nothing in this ‘‘(g) The Secretary may issue a permit and the Committee on Science, Space, and section may be construed to affect the au- under this section notwithstanding any li- Technology of the House of Representatives thority of the Secretary of Defense as it re- cense issued under this chapter. The issuance a report on the activities described in para- lates to safeguarding the national security. of a license under this chapter may not in- graphs (1), (2), and (3). validate a permit issued under this section.’’; SEC. 110. SPACE SURVEILLANCE AND SITUA- (b) EXCEPTION.—Nothing in this section TIONAL AWARENESS DATA. and shall apply to the activities of the ISS na- Not later than 120 days after the date of (4) in subsection (h), by inserting ‘‘or reus- tional laboratory as described in section 504 enactment of this Act, the Secretary of able launch vehicle’’ after ‘‘suborbital rock- of the National Aeronautics and Space Ad- Transportation in concurrence with the Sec- et’’. ministration Authorization Act of 2010 (42 retary of Defense shall— SEC. 105. LICENSING REPORT. U.S.C. 18354), including any research or de- (1) in consultation with the heads of other Not later than 120 days after the date of velopment projects utilizing the ISS na- relevant Federal agencies, study the feasi- enactment of this Act, the Secretary of tional laboratory. bility of processing and releasing safety-re- Transportation shall submit to the Com- SEC. 109. ORBITAL TRAFFIC MANAGEMENT. lated space situational awareness data and mittee on Commerce, Science, and Transpor- (a) SENSE OF CONGRESS.—It is the sense of information to any entity consistent with tation of the Senate and the Committee on the Congress that an improved framework national security interests and public safety Science, Space, and Technology of the House may be necessary for space traffic manage- obligations of the United States; and of Representatives a report on approaches ment of United States Government assets (2) submit a report on the feasibility study for streamlining the licensing and permit- and United States private sector assets in to the Committee on Commerce, Science, ting process of launch vehicles, reentry vehi- outer space and orbital debris mitigation. and Transportation of the Senate and the cles, or components of launch or reentry ve- (b) STUDY.—Not later than 90 days after Committee on Science, Space, and Tech- hicles, to enable non-launch flight oper- the date of enactment of this Act, the Ad- nology of the House of Representatives. ations related to space transportation. The ministrator of the National Aeronautics and SEC. 111. CONSENSUS STANDARDS AND EXTEN- report shall include approaches to improve Space Administration, in consultation with SION OF CERTAIN SAFETY REGULA- efficiency, reduce unnecessary costs, resolve the Secretary of Transportation, the Chair of TION REQUIREMENTS. inconsistencies, remove duplication, and the Federal Communications Commission, Section 50905(c) is amended— minimize unwarranted constraints. The re- the Secretary of Commerce, and the Sec- (1) in paragraph (1), by inserting ‘‘IN GEN- port shall also include an assessment of ex- retary of Defense, shall enter into an ar- ERAL.—’’ before ‘‘The Secretary’’;

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(2) in paragraph (2), by inserting ‘‘REGULA- mittee on Science, Space, and Technology of Commercial Crew Development Program, au- TIONS.—’’ before ‘‘Regulations’’; the House of Representatives a report speci- thorized in section 402 of the National Aero- (3) by striking paragraph (3); fying key industry metrics that might indi- nautics and Space Administration Author- (4) by redesignating paragraph (4) as para- cate readiness of the commercial space sec- ization Act of 2010 (124 Stat. 2820; Public Law graph (10); tor and the Department of Transportation to 111–267). It is the sense of Congress that the (5) by inserting after paragraph (2) the fol- transition to a safety framework that may authority delegated to the Administration lowing: include regulations under paragraph (9) that by the amendment made by subsection (d) of ‘‘(3) FACILITATION OF STANDARDS.—The Sec- considers space flight participant, govern- this section should be used for that purpose. retary shall continue to work with the com- ment astronaut, and crew safety. (c) DEFINITION OF GOVERNMENT ASTRO- mercial space sector, including the Commer- ‘‘(7) REPORTS.—Not later than March 31 of NAUT.—Section 50902 is amended— cial Space Transportation Advisory Com- each of 2018 and 2022, the Secretary, in con- (1) by redesignating paragraphs (4) through mittee, or its successor organization, to fa- sultation and coordination with the commer- (22) as paragraphs (7) through (25), respec- cilitate the development of voluntary indus- cial space sector, including the Commercial tively; and try consensus standards based on rec- Space Transportation Advisory Committee, (2) by inserting after paragraph (3) the fol- ommended best practices to improve the or its successor organization, shall submit to lowing: safety of crew, government astronauts, and the Committee on Commerce, Science, and ‘‘(4) ‘government astronaut’ means an indi- space flight participants as the commercial Transportation of the Senate and the Com- vidual who— space sector continues to mature. mittee on Science, Space, and Technology of ‘‘(A) is designated by the National Aero- ‘‘(4) COMMUNICATION AND TRANSPARENCY.— the House of Representatives a report that nautics and Space Administration under sec- Nothing in this subsection shall be construed identifies the activities, described in this tion 20113(n); to limit the authority of the Secretary to subsection and subsection (d) most appro- ‘‘(B) is carried within a launch vehicle or discuss potential regulatory approaches, po- priate for a new safety framework that may reentry vehicle in the course of his or her tential performance standards, or any other include regulatory action, if any, and a pro- employment, which may include perform- topic related to this subsection with the posed transition plan for such safety frame- ance of activities directly relating to the commercial space industry, including obser- work. launch, reentry, or other operation of the vations, findings, and recommendations from ‘‘(8) INDEPENDENT REVIEW.—Not later than launch vehicle or reentry vehicle; and the Commercial Space Transportation Advi- December 31, 2022, an independent systems ‘‘(C) is either— sory Committee, or its successor organiza- engineering and technical assistance organi- ‘‘(i) an employee of the United States Gov- tion, prior to the issuance of a notice of pro- zation or standards development organiza- ernment, including the uniformed services, posed rulemaking. Such discussions shall not tion contracted by the Secretary shall sub- engaged in the performance of a Federal be construed to permit the Secretary to pro- mit to the Committee on Commerce, function under authority of law or an Execu- mulgate industry regulations except as oth- Science, and Transportation of the Senate tive act; or erwise provided in this section. and the Committee on Science, Space, and ‘‘(ii) an international partner astronaut. ‘‘(5) INTERIM VOLUNTARY INDUSTRY CON- Technology of the House of Representatives ‘‘(5) ‘international partner astronaut’ SENSUS STANDARDS REPORTS.— an assessment of the readiness of the com- means an individual designated under Arti- ‘‘(A) IN GENERAL.—Not later than Decem- mercial space industry and the Federal Gov- cle 11 of the International Space Station ber 31, 2016, and every 30 months thereafter ernment to transition to a safety framework Intergovernmental Agreement, by a partner until December 31, 2021, the Secretary, in that may include regulations. As part of the to that agreement other than the United consultation and coordination with the com- review, the contracted organization shall States, as qualified to serve as an Inter- mercial space sector, including the Commer- evaluate— national Space Station crew member. cial Space Transportation Advisory Com- ‘‘(A) the progress of the commercial space ‘‘(6) ‘International Space Station Intergov- mittee, or its successor organization, shall industry in adopting voluntary industry con- ernmental Agreement’ means the Agreement submit to the Committee on Commerce, sensus standards as reported by the Sec- Concerning Cooperation on the International Science, and Transportation of the Senate retary in the interim assessments included Space Station, signed at Washington Janu- and the Committee on Science, Space, and in the reports under paragraph (5); ary 29, 1998 (TIAS 12927).’’. Technology of the House of Representatives (d) POWERS OF THE NATIONAL AERONAUTICS a report on the progress of the commercial ‘‘(B) the progress of the commercial space AND SPACE ADMINISTRATION IN PERFORMANCE space transportation industry in developing industry toward meeting the key industry metrics identified by the report under para- OF FUNCTIONS.—Section 20113 is amended by voluntary industry consensus standards that adding at the end the following: promote best practices to improve industry graph (6), including the knowledge and oper- ational experience obtained by the commer- ‘‘(n) IDENTIFICATION OF GOVERNMENT AS- safety. TRONAUTS.—For purposes of a license issued ‘‘(B) CONTENTS.—The report shall include, cial space industry while providing services for compensation or hire; and or transferred by the Secretary of Transpor- at a minimum— tation under chapter 509 to launch a launch ‘‘(i) any voluntary industry consensus ‘‘(C) whether the areas identified in the re- ports under paragraph (5) are appropriate for vehicle or to reenter a reentry vehicle car- standards that have been accepted by the in- rying a government astronaut (as defined in dustry at large; regulatory action, or further development of voluntary industry consensus standards, section 50902), the Administration shall des- ‘‘(ii) the identification of areas that have ignate a government astronaut in accord- the potential to become voluntary industry considering the progress evaluated in sub- paragraphs (A) and (B) of this paragraph. ance with requirements prescribed by the consensus standards that are currently under Administration.’’. consideration by the industry at large; ‘‘(9) LEARNING PERIOD.—Beginning on Octo- ber 1, 2023, the Secretary may propose regu- (e) DEFINITION OF LAUNCH.—Paragraph (7) ‘‘(iii) an assessment from the Secretary on of section 50902, as redesignated, is amended the general progress of the industry in lations under this subsection without regard to subparagraphs (C) and (D) of paragraph by striking ‘‘and any payload, crew, or space adopting voluntary industry consensus flight participant’’ and inserting ‘‘and any standards; (2). The development of any such regulations shall take into consideration the evolving payload or human being’’. ‘‘(iv) any lessons learned about voluntary (f) DEFINITION OF LAUNCH SERVICES.—Para- standards of the commercial space flight in- industry consensus standards, best practices, graph (9) of section 50902, as redesignated, is dustry as identified in the reports published and commercial space launch operations; amended by striking ‘‘payload, crew (includ- under paragraphs (5), (6), and (7).’’; and ‘‘(v) any lessons learned associated with ing crew training), or space flight partici- (6) in paragraph (10), as redesignated, by the development, potential application, and pant’’ and inserting ‘‘payload, crew (includ- inserting ‘‘RULE OF CONSTRUCTION.—’’ before acceptance of voluntary industry consensus ing crew training), government astronaut, or ‘‘Nothing’’. standards, best practices, and commercial space flight participant’’. space launch operations; and SEC. 112. GOVERNMENT ASTRONAUTS. (g) DEFINITION OF REENTER AND REENTRY.— ‘‘(vi) recommendations, findings, or obser- (a) FINDINGS AND PURPOSE.—Section Paragraph (16) of section 50902, as redesig- vations from the Commercial Space Trans- 50901(15) is amended by inserting ‘‘, govern- nated, is amended by striking ‘‘and its pay- portation Advisory Committee, or its suc- ment astronauts,’’ after ‘‘crew’’ each place it load, crew, or space flight participants, if cessor organization, on the progress of the appears. any,’’ and inserting ‘‘and its payload or industry in developing voluntary industry (b) SENSE OF CONGRESS.—The National Aer- human beings, if any,’’. consensus standards that promote best prac- onautics and Space Administration has a (h) DEFINITION OF REENTRY SERVICES.— tices to improve industry safety. need to fly government astronauts (as de- Paragraph (17) of section 50902, as redesig- ‘‘(6) REPORT.—Not later than 270 days after fined in section 50902 of title 51, United nated, is amended by striking ‘‘payload, crew the date of enactment of the SPACE Act of States Code, as amended) within commercial (including crew training), or space flight par- 2015, the Secretary, in consultation and co- launch vehicles and reentry vehicles under ticipant, if any,’’ and inserting ‘‘payload, ordination with the commercial space sec- chapter 509 of that title. This need was iden- crew (including crew training), government tor, including the Commercial Space Trans- tified by the Secretary of Transportation astronaut, or space flight participant, if portation Advisory Committee, or its suc- and the Administrator of the National Aero- any,’’. cessor organization, shall submit to the nautics and Space Administration due to the (i) DEFINITION OF SPACE FLIGHT PARTICI- Committee on Commerce, Science, and intended use of commercial launch vehicles PANT.—Paragraph (20) of section 50902, as re- Transportation of the Senate and the Com- and reentry vehicles developed under the designated, is amended to read as follows:

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.039 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7936 CONGRESSIONAL RECORD — SENATE November 10, 2015 ‘‘(20) ‘space flight participant’ means an in- (2) facilitate Government, State, and pri- cation set that satisfies the requirements dividual, who is not crew or a government vate sector involvement in enhancing U.S. identified in paragraph (1)(A). astronaut, carried within a launch vehicle or launch sites and facilities; (3) DEFINITIONS.—For purposes of this sub- reentry vehicle.’’. (3) protect public health and safety, safety section— (j) DEFINITION OF THIRD PARTY.—Paragraph of property, national security interests, and (A) any applicable definitions set forth in (24)(E) of section 50902, as redesignated, is foreign policy interests of the United States; section 50902 of title 51, United States Code, amended by inserting ‘‘, government astro- and shall apply; nauts,’’ after ‘‘crew’’. (4) consult with the head of another execu- (B) the terms ‘‘launch’’, ‘‘reenter’’, and (k) RESTRICTIONS ON LAUNCHES, OPER- tive agency, including the Secretary of De- ‘‘reentry’’ include landing of a launch vehi- ATIONS, AND REENTRIES; SINGLE LICENSE OR fense or the Administrator of the National cle or reentry vehicle; and PERMIT.—Section 50904(d) is amended by Aeronautics and Space Administration, as (C) the terms ‘‘United States Government striking ‘‘activities involving crew or space necessary to provide consistent application launch site’’ and ‘‘United States Government flight participants’’ and inserting ‘‘activities of licensing requirements under chapter 509 reentry site’’ include any necessary facility, involving crew, government astronauts, or of title 51, United States Code. at that location, that is commercially oper- space flight participants’’. (c) REQUIREMENTS.— ated on United States Government property. (l) LICENSE APPLICATIONS AND REQUIRE- (1) IN GENERAL.—The Secretary of Trans- SEC. 114. OPERATION AND UTILIZATION OF THE MENTS; APPLICATIONS.—Section 50905 is portation under section 50918 of title 51, ISS. amended— United States Code, and subject to section (a) SENSE OF CONGRESS.—It is the sense of (1) in subsection (a)(2), by striking ‘‘crews 50905(b)(2)(C) of that title, shall consult with Congress that— and space flight participants’’ and inserting the Secretary of Defense, the Administrator (1) maximum utilization of partnerships, ‘‘crew, government astronauts, and space of the National Aeronautics and Space Ad- scientific research, commercial applications, flight participants’’; ministration, and the heads of other execu- and exploration test bed capabilities of the (2) in subsection (b)(2)(D), by striking tive agencies, as appropriate— ISS is essential to ensuring the greatest re- ‘‘crew or space flight participants’’ and in- (A) to identify all requirements that are turn on investments made by the United serting ‘‘crew, government astronauts, or imposed to protect the public health and States and its international partners in the space flight participants’’; and safety, safety of property, national security development, assembly, and operations of (3) in subsection (c)— interests, and foreign policy interests of the that unique facility; and (A) in paragraph (1), by striking ‘‘crew and United States relevant to any commercial (2) every effort should be made to ensure space flight participants’’ and inserting launch of a launch vehicle or commercial re- that decisions regarding the service life of ‘‘crew, government astronauts, and space entry of a reentry vehicle; and the ISS are based on the station’s projected flight participants’’; and (B) to evaluate the requirements identified capability to continue providing effective (B) in paragraph (2), by striking ‘‘to crew in subparagraph (A) and, in coordination and productive research and exploration test or space flight participants’’ each place it with the licensee or transferee and the heads bed capabilities. appears and inserting ‘‘to crew, government of the relevant executive agencies— (b) CONTINUATION OF THE INTERNATIONAL astronauts, or space flight participants’’. (i) determine whether the satisfaction of a SPACE STATION.— (m) MONITORING ACTIVITIES.—Section requirement of one agency could result in (1) IN GENERAL.—Section 501 of the Na- 50907(a) is amended by striking ‘‘at a site the satisfaction of a requirement of another tional Aeronautics and Space Administra- used for crew or space flight participant agency; and tion Authorization Act of 2010 (42 U.S.C. training’’ and inserting ‘‘at a site not owned (ii) resolve any inconsistencies and remove 18351) is amended— or operated by the Federal Government or a any outmoded or duplicative requirements (A) in the heading, by striking ‘‘THROUGH foreign government used for crew, govern- or approvals of the Federal Government rel- 2020’’; and ment astronaut, or space flight participant evant to any commercial launch of a launch (B) in subsection (a), by striking ‘‘through training’’. vehicle or commercial reentry of a reentry at least 2020’’ and inserting ‘‘through at least (n) ADDITIONAL SUSPENSIONS.—Section vehicle. 2024’’. 50908(d)(1) is amended by striking ‘‘to crew or (2) REPORTS.—Not later than 180 days after (2) MAINTENANCE OF THE UNITED STATES space flight participants’’ each place it ap- the date of enactment of this Act, and annu- SEGMENT AND ASSURANCE OF CONTINUED OPER- pears and inserting ‘‘to any human being’’. ally thereafter until the Secretary of Trans- ATIONS OF THE INTERNATIONAL SPACE STA- (o) RELATIONSHIP TO OTHER EXECUTIVE portation determines no outmoded or dupli- TION.—Section 503 of the National Aero- AGENCIES, LAWS, AND INTERNATIONAL OBLIGA- cative requirements or approvals of the Fed- nautics and Space Administration Author- TIONS; NONAPPLICATION.—Section 50919(g) is eral Government exist, the Secretary of ization Act of 2010 (42 U.S.C. 18353) is amend- amended to read as follows: Transportation, in consultation with the ed— ‘‘(g) NONAPPLICATION.— Secretary of Defense, the Administrator of (A) in subsection (a), by striking ‘‘through ‘‘(1) IN GENERAL.—This chapter does not the National Aeronautics and Space Admin- at least September 30, 2020’’ and inserting apply to— istration, the commercial space sector, and ‘‘through at least September 30, 2024’’; and ‘‘(A) a launch, reentry, operation of a the heads of other executive agencies, as ap- (B) in subsection (b)(1), by striking ‘‘In car- launch vehicle or reentry vehicle, operation propriate, shall submit to the Committee on rying out subsection (a), the Administrator’’ of a launch site or reentry site, or other Commerce, Science, and Transportation of and inserting ‘‘The Administrator’’. space activity the Government carries out the Senate, the Committee on Science, (3) RESEARCH CAPACITY ALLOCATION AND IN- for the Government; or Space, and Technology of the House of Rep- TEGRATION OF RESEARCH PAYLOADS.—Section ‘‘(B) planning or policies related to the resentatives, and the congressional defense 504(d) of the National Aeronautics and Space launch, reentry, operation, or activity under committees a report that includes the fol- Administration Authorization Act of 2010 (42 subparagraph (A). lowing: U.S.C. 18354(d)) is amended by striking ‘‘Sep- ‘‘(2) RULE OF CONSTRUCTION.—The following (A) A description of the process for the ap- tember 30, 2020’’ each place it appears and in- activities are not space activities the Gov- plication for and approval of a permit or li- serting ‘‘at least September 30, 2024’’. ernment carries out for the Government cense under chapter 509 of title 51, United (4) MAINTAINING USE THROUGH AT LEAST under paragraph (1): States Code, for the commercial launch of a 2024.—Section 70907 is amended to read as fol- ‘‘(A) A government astronaut being carried launch vehicle or commercial reentry of a lows: within a launch vehicle or reentry vehicle reentry vehicle, including the identification ‘‘§ 70907. Maintaining use through at least under this chapter. of— 2024 ‘‘(B) A government astronaut performing (i) any unique requirements for operating ‘‘(a) POLICY.—The Administrator shall take activities directly relating to the launch, re- on a United States Government launch site, all necessary steps to ensure that the Inter- entry, or other operation of the launch vehi- reentry site, or launch property; and national Space Station remains a viable and cle or reentry vehicle under this chapter.’’. (ii) any inconsistent, outmoded, or duplica- productive facility capable of potential SEC. 113. STREAMLINE COMMERCIAL SPACE tive requirements or approvals. United States utilization through at least LAUNCH ACTIVITIES. (B) A description of current efforts, if any, September 30, 2024. (a) SENSE OF CONGRESS.—It is the sense of to coordinate and work across executive ‘‘(b) NASA ACTIONS.—In furtherance of the Congress that eliminating duplicative re- agencies to define interagency processes and policy under subsection (a), the Adminis- quirements and approvals for commercial procedures for sharing information, avoiding trator shall ensure, to the extent prac- launch and reentry operations will promote duplication of effort, and resolving common ticable, that the International Space Sta- and encourage the development of the com- agency requirements. tion, as a designated national laboratory— mercial space sector. (C) Recommendations for legislation that ‘‘(1) remains viable as an element of over- (b) REAFFIRMATION OF POLICY.—Congress may further— all exploration and partnership strategies reaffirms that the Secretary of Transpor- (i) streamline requirements in order to im- and approaches; tation, in overseeing and coordinating com- prove efficiency, reduce unnecessary costs, ‘‘(2) is considered for use by all NASA mis- mercial launch and reentry operations, resolve inconsistencies, remove duplication, sion directorates, as appropriate, for tech- should— and minimize unwarranted constraints; and nically appropriate scientific data gathering (1) promote commercial space launches and (ii) consolidate or modify requirements or technology risk reduction demonstra- reentries by the private sector; across affected agencies into a single appli- tions; and

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.039 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7937 ‘‘(3) remains an effective, functional vehi- (A) in the heading, by striking ‘‘space shut- TITLE II—COMMERCIAL REMOTE SENSING cle providing research and test bed capabili- tle’’ and inserting ‘‘space launch system’’; SEC. 201. ANNUAL REPORTS. ties for the United States through at least and (a) IN GENERAL.—Subchapter III of chapter September 30, 2024.’’. (B) by striking ‘‘space shuttle’’ and insert- 601 is amended by adding at the end the fol- (5) TECHNICAL AND CONFORMING AMEND- ing ‘‘space launch system’’; lowing: MENTS.— (3) by amending section 70102 to read as fol- ‘‘§ 60126. Annual reports (A) TABLE OF CONTENTS OF 2010 ACT.—The lows: ‘‘(a) IN GENERAL.—The Secretary shall sub- item relating to section 501 in the table of ‘‘§ 70102. Space launch system use policy mit a report to the Committee on Com- contents in section 1(b) of the National Aero- merce, Science, and Transportation of the nautics and Space Administration Author- ‘‘(a) IN GENERAL.—The Space Launch Sys- Senate and the Committee on Science, ization Act of 2010 (124 Stat. 2806) is amended tem may be used for the following cir- Space, and Technology of the House of Rep- by striking ‘‘through 2020’’. cumstances: resentatives not later than 180 days after the (B) TABLE OF CONTENTS OF CHAPTER 709.— ‘‘(1) Payloads and missions that contribute date of enactment of the U.S. Commercial The table of contents for chapter 709 is to extending human presence beyond low- Space Launch Competitiveness Act, and an- amended by amending the item relating to Earth orbit and substantially benefit from nually thereafter, on— section 70907 to read as follows: the unique capabilities of the Space Launch ‘‘(1) the Secretary’s implementation of sec- ‘‘70907. Maintaining use through at least System. tion 60121, including— 2024.’’. ‘‘(2) Other payloads and missions that sub- ‘‘(A) a list of all applications received in SEC. 115. STATE COMMERCIAL LAUNCH FACILI- stantially benefit from the unique capabili- the previous calendar year; TIES. ties of the Space Launch System. ‘‘(B) a list of all applications that resulted (a) SENSE OF CONGRESS.—It is the sense of ‘‘(3) On a space available basis, Federal in a license under section 60121; Congress that— Government or educational payloads that ‘‘(C) a list of all applications denied and an (1) State involvement, development, own- are consistent with NASA’s mission for ex- explanation of why each application was de- ership, and operation of launch facilities can ploration beyond low-Earth orbit. nied, including any information relevant to enable growth of the Nation’s commercial ‘‘(4) Compelling circumstances, as deter- the interagency adjudication process of a li- suborbital and orbital space endeavors and mined by the Administrator. censing request; support both commercial and Government ‘‘(b) AGREEMENTS WITH FOREIGN ENTI- ‘‘(D) a list of all applications that required space programs; TIES.—The Administrator may plan, nego- additional information; and (2) State launch facilities and the people tiate, or implement agreements with foreign ‘‘(E) a list of all applications whose dis- and property in the affected launch areas of entities for the launch of payloads for inter- position exceeded the 120 day deadline estab- those facilities may be subject to risks re- national collaborative efforts relating to lished in section 60121(c), the total days over- sulting from an activity carried out under a science and technology using the Space due for each application that exceeded such license under chapter 509 of title 51, United Launch System. deadline, and an explanation for the delay; States Code; and ‘‘(c) COMPELLING CIRCUMSTANCES.—Not ‘‘(2) all notifications and information pro- (3) to ensure the success of the commercial later than 30 days after the date the Admin- vided to the Secretary under section 60122; launch industry and the safety of the people istrator makes a determination under sub- and and property in the affected launch areas of section (a)(4), the Administrator shall trans- ‘‘(3) a description of all actions taken by those facilities, States and State launch fa- mit to the Committee on Commerce, the Secretary under the administrative au- cilities should seek to take proper measures Science, and Transportation of the Senate thority granted by paragraphs (4), (5), and (6) to protect themselves, to the extent of their and the Committee on Science of the House of section 60123(a). potential liability for involvement in launch of Representatives written notification of ‘‘(b) CLASSIFIED ANNEXES.—Each report services or reentry services, and compensate the Administrator’s intent to select the under subsection (a) may include classified third parties for possible death, bodily in- Space Launch System for a specific mission annexes as necessary to protect the disclo- sure of sensitive or classified information. jury, or property damage or loss resulting under that subsection, including justifica- from an activity carried out under a license ‘‘(c) SUNSET.—The reporting requirement tion for the determination.’’; under this section terminates effective Sep- under chapter 509 of title 51, United States (4) in section 70103— Code, to which the State or State launch fa- tember 30, 2020.’’. (A) in the heading, by striking ‘‘SPACE cility is involved in the launch services or (b) TABLE OF CONTENTS.—The table of con- SHUTTLE’’ and inserting ‘‘SPACE LAUNCH SYS- reentry services. tents of chapter 601 is amended by inserting TEM’’; and after the item relating to section 60125 the (b) REPORT.—Not later than 1 year after (B) in subsection (b), by striking ‘‘space the date of enactment of this Act, the Comp- following: shuttle’’ each place it appears and inserting ‘‘60126. Annual reports.’’. troller General shall submit to the Com- ‘‘space launch system’’; and SEC. 202. STATUTORY UPDATE REPORT. mittee on Commerce, Science, and Transpor- (5) by adding at the end the following: tation of the Senate and the Committee on Not later than 1 year after the date of en- Science, Space, and Technology of the House ‘‘§ 70104. Definition of Space Launch System actment of this Act, the Secretary of Com- merce, in consultation with the heads of of Representatives a report on the potential ‘‘In this chapter, the term ‘Space Launch other appropriate Federal agencies and the inclusion of all government property, includ- System’ means the Space Launch System National Oceanic and Atmospheric Adminis- ing State and municipal property, in the ex- authorized under section 302 of the National tration’s Advisory Committee on Commer- isting indemnification regime established Aeronautics and Space Administration Au- cial Remote Sensing, shall submit to the under section 50914 of title 51, United States thorization Act of 2010 (42 U.S.C. 18322).’’. Committee on Commerce, Science, and Code. (b) TECHNICAL AND CONFORMING AMEND- Transportation of the Senate and the Com- SEC. 116. SPACE SUPPORT VEHICLES STUDY. MENTS.— mittee on Science, Space, and Technology of (a) IN GENERAL.—Not later than 1 year (1) TABLE OF CHAPTERS.—The table of chap- the House of Representatives a report on after the date of enactment of this Act, the ters of title 51 is amended by amending the statutory updates necessary to license pri- Comptroller General shall submit to the item relating to chapter 701 to read as fol- vate remote sensing space systems. In pre- Committee on Commerce, Science, and lows: paring the report, the Secretary shall take Transportation of the Senate and the Com- into account the need to protect national se- mittee on Science, Space, and Technology of ‘‘701. Use of space launch system or curity while maintaining United States pri- the House of Representatives a report on the alternatives ...... 70101’’. vate sector leadership in the field, and re- use of space support vehicle services in the (2) TABLE OF CONTENTS OF CHAPTER 701.— flect the current state of the art of remote commercial space industry. The table of contents of chapter 701 is sensing systems, instruments, or tech- (b) CONTENTS.—This report shall include— amended— nologies. (1) the extent to which launch providers (A) in the item relating to section 70101, by TITLE III—OFFICE OF SPACE COMMERCE rely on such services as part of their busi- striking ‘‘space shuttle’’ and inserting ‘‘space launch system’’; SEC. 301. RENAMING OF OFFICE OF SPACE COM- ness models; MERCIALIZATION. (B) in the item relating to section 70102, by (2) the statutory, regulatory, and market (a) CHAPTER HEADING.— striking ‘‘Space shuttle’’ and inserting barriers to the use of such services; and (1) AMENDMENT.—The heading for chapter ‘‘Space launch system’’; (3) recommendations for legislative or reg- 507 is amended by striking ‘‘COMMER- (C) in the item relating to section 70103, by ulatory action that may be needed to ensure CIALIZATION’’ and inserting ‘‘COM- striking ‘‘space shuttle’’ and inserting reduced barriers to the use of such services if MERCE’’. ‘‘space launch system’’; and such use is a requirement of the industry. (2) CONFORMING AMENDMENT.—The item re- SEC. 117. SPACE LAUNCH SYSTEM UPDATE. (D) by adding at the end the following: lating to chapter 507 in the table of chapters (a) IN GENERAL.—Chapter 701 is amended— ‘‘70104. Definition of Space Launch System.’’. for title 51 is amended by striking ‘‘Commer- (1) in the heading by striking ‘‘SPACE (3) REQUIREMENT TO PROCURE COMMERCIAL cialization’’ and inserting ‘‘Commerce’’. SHUTTLE’’ and inserting ‘‘SPACE LAUNCH SPACE TRANSPORTATION SERVICES.—Section (b) DEFINITION OF OFFICE.—Section 50701 is SYSTEM’’; 50131(a) of chapter 51 is amended by inserting amended by striking ‘‘Commercialization’’ (2) in section 70101— ‘‘or in section 70102’’ after ‘‘in this section’’. and inserting ‘‘Commerce’’.

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(c) RENAMING.—Section 50702(a) is amended ‘‘(b) REPORT.—Not later than 180 days after term preservation of the scientific data re- by striking ‘‘Commercialization’’ and insert- the date of enactment of this section, the sulting from research funded by the Depart- ing ‘‘Commerce’’. President shall submit to Congress a report ment. SEC. 302. FUNCTIONS OF THE OFFICE OF SPACE on commercial exploration for and commer- (3) An explanation of the factors used to COMMERCE. cial recovery of space resources by United evaluate the merit of data management Section 50702(c) is amended by striking States citizens that specifies— plans of research funded by the Veterans ‘‘Commerce.’’ and inserting ‘‘Commerce, in- ‘‘(1) the authorities necessary to meet the Health Administration. cluding— international obligations of the United (4) An explanation of the process of the De- ‘‘(1) to foster the conditions for the eco- States, including authorization and con- partment in effect that enables stakeholders nomic growth and technological advance- tinuing supervision by the Federal Govern- to petition a change to the embargo period ment of the United States space commerce ment; and for a specific field and the factors considered industry; ‘‘(2) recommendations for the allocation of during such process. ‘‘(2) to coordinate space commerce policy responsibilities among Federal agencies for On page 33, line 6, strike ‘‘45’’ and insert issues and actions within the Department of the activities described in paragraph (1). ‘‘72’’. Commerce; ‘‘§ 51303. Asteroid resource and space re- On page 43, strike lines 7 through 11 and in- ‘‘(3) to represent the Department of Com- source rights sert the following: merce in the development of United States ‘‘A United States citizen engaged in com- (a) IN GENERAL.—In carrying out the edu- policies and in negotiations with foreign mercial recovery of an asteroid resource or a cation and training program required under countries to promote United States space space resource under this chapter shall be section 7302(a)(1) of title 38, United States commerce; entitled to any asteroid resource or space re- Code, the Secretary of Veterans Affairs shall ‘‘(4) to promote the advancement of United source obtained, including to possess, own, include education and training of marriage States geospatial technologies related to transport, use, and sell the asteroid resource and family therapists and licensed profes- space commerce, in cooperation with rel- or space resource obtained in accordance sional mental health counselors. evant interagency working groups; and with applicable law, including the inter- (b) EFFECTIVE DATE.—Subsection (a) shall ‘‘(5) to provide support to Federal Govern- national obligations of the United States.’’. take effect on the date that is one year after ment organizations working on Space-Based (b) TABLE OF CHAPTERS.—The table of the date of the enactment of this Act. Positioning Navigation, and Timing policy, chapters for title 51 is amended by adding at Beginning on page 43, strike line 19 and all including the National Coordination Office the end of the items for subtitle V the fol- that follows through page 44, line 9. for Space-Based Position, Navigation, and lowing: Beginning on page 65, strike line 3 and all Timing.’’. ‘‘513. Space resource commercial ex- that follows through page 70, line 8. TITLE IV—SPACE RESOURCE ploration and utilization ...... 51301’’. Beginning on page 91, strike line 22 and all EXPLORATION AND UTILIZATION SEC. 403. DISCLAIMER OF EXTRATERRITORIAL that follows through page 92, line 1, and in- SOVEREIGNTY. SEC. 401. SHORT TITLE. sert the following: It is the sense of Congress that by the en- This title may be cited as the ‘‘Space Re- (a) IN GENERAL.—During the 10-year period actment of this Act, the United States does source Exploration and Utilization Act of beginning on September 26, 2015, the second not thereby assert sovereignty or sovereign 2015’’. sentence of subsection (c) of section 3684 of or exclusive rights or jurisdiction over, or title 38, United States Code, shall be ap- SEC. 402. TITLE 51 AMENDMENT. the ownership of, any celestial body. plied— (a) IN GENERAL.—Subtitle V is amended by adding at the end the following: (1) by substituting ‘‘$8’’ for ‘‘$12’’; and SA 2806. Ms. MURKOWSKI (for Mr. (2) by substituting ‘‘$12’’ for ‘‘$15’’. ‘‘CHAPTER 513—SPACE RESOURCE COM- ISAKSON) proposed an amendment to (b) CONFORMING AMENDMENT.—Section 406 MERCIAL EXPLORATION AND UTILIZA- the bill S. 1203, to amend title 38, of the Department of Veterans Affairs Expir- TION United States Code, to improve the ing Authorities Act of 2014 (Public Law 113– ‘‘Sec. processing by the Department of Vet- 175; 38 U.S.C. 3684 note), as amended by sec- ‘‘51301. Definitions. tion 410 of the Department of Veterans Af- ‘‘51302. Commercial exploration and commer- erans Affairs of claims for benefits under laws administered by the Sec- fairs Expiring Authorities Act of 2015 (Public cial recovery. Law 114–58), is hereby repealed. ‘‘51303. Asteroid resource and space resource retary of Veterans Affairs, and for rights. other purposes; as follows: SA 2807. Ms. MURKOWSKI (for Mr. Beginning on page 29, strike line 1 and all ‘‘§ 51301. Definitions BLUMENTHAL) proposed an amendment ‘‘In this chapter: that follows through page 32, line 20, and in- sert the following: to the resolution S. Res. 302, expressing ‘‘(1) ASTEROID RESOURCE.—The term ‘aster- the sense of the Senate in support of oid resource’ means a space resource found SEC. 112. REPORTS ON PUBLIC ACCESS TO DE- on or within a single asteroid. PARTMENT OF VETERANS AFFAIRS Israel and in condemnation of Pales- RESEARCH. ‘‘(2) SPACE RESOURCE.— tinian terror attacks; as follows: (a) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—The term ‘space re- On page 5, line 1, strike ‘‘the President after the date of the enactment of this Act source’ means an abiotic resource in situ in and’’. and not later than one year after the date of outer space. the enactment of this Act, the Secretary of ‘‘(B) INCLUSIONS.—The term ‘space re- Veterans Affairs shall submit to the Com- SA 2808. Ms. MURKOWSKI (for Mr. source’ includes water and minerals. mittee on Veterans’ Affairs of the Senate BLUMENTHAL) proposed an amendment ‘‘(3) UNITED STATES CITIZEN.—The term and the Committee on Veterans’ Affairs of to the resolution S. Res. 302, expressing ‘United States citizen’ has the meaning the House of Representatives a report on in- the sense of the Senate in support of given the term ‘citizen of the United States’ creasing public access to scientific publica- in section 50902. Israel and in condemnation of Pales- tions and digital data from research funded tinian terror attacks; as follows: ‘‘§ 51302. Commercial exploration and com- by the Department of Veterans Affairs. Insert after the eleventh whereas clause of mercial recovery (b) CONTENTS.—The report submitted under the preamble the following: ‘‘(a) IN GENERAL.—The President, acting subsection (a) shall include the following: through appropriate Federal agencies, (1) Identification of where on the Internet Whereas President Barack Obama con- shall— website of the Department the public will be demned in the strongest terms Palestinian ‘‘(1) facilitate commercial exploration for able to access results of research funded by violence against innocent Israeli citizens and and commercial recovery of space resources the Department or be referred to other expressed his ‘‘strong belief that Israel has by United States citizens; sources to access the results of research not just the right, but the obligation to pro- ‘‘(2) discourage government barriers to the funded by the Department. tect itself’’; development in the United States of eco- (2) A description of the progress made by f nomically viable, safe, and stable industries the Department in meeting public access re- for commercial exploration for and commer- quirements set forth in the Federal Register AUTHORITY FOR COMMITTEES TO cial recovery of space resources in manners notice entitled ‘‘Policy and Implementation MEET consistent with the international obligations Plan for Public Access to Scientific Publica- of the United States; and tions and Digital Data from Research Fund- COMMITTEE ON ARMED SERVICES ‘‘(3) promote the right of United States ed by the Department of Veterans Affairs’’ Mr. MCCONNELL. Mr. President, I citizens to engage in commercial exploration (80 Fed. Reg. 60751), including the following: ask unanimous consent that the Com- for and commercial recovery of space re- (A) Compliance of Department investiga- mittee on Armed Services be author- sources free from harmful interference, in tors with requirements relating to ensuring accordance with the international obliga- that research funded by the Department is ized to meet during the session of the tions of the United States and subject to au- accessible by the public. Senate on November 10, 2015, at 9 a.m. thorization and continuing supervision by (B) Ensuring data management plans of The PRESIDING OFFICER. Without the Federal Government. the Department include provisions for long- objection, it is so ordered.

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COMMITTEE ON FOREIGN RELATIONS Sec. 115. Examination and treatment by De- Sec. 304. Reports on educational levels attained Mr. MCCONNELL. Mr. President, I partment of Veterans Affairs for by certain members of the Armed ask unanimous consent that the Com- emergency medical conditions and Forces at time of separation from mittee on Foreign Relations be author- women in labor. the Armed Forces. ized to meet during the session of the Subtitle C—Improvement of Medical Workforce TITLE IV—EMPLOYMENT AND TRANSITION Senate on November 10, 2015, at 9:45 Sec. 121. Inclusion of mental health profes- MATTERS a.m. sionals in education and training Sec. 401. Required coordination between Direc- program for health personnel of The PRESIDING OFFICER. Without tors for Veterans’ Employment the Department of Veterans Af- and Training with State depart- objection, it is so ordered. fairs. ments of labor and veterans af- COMMITTEE ON FOREIGN RELATIONS Sec. 122. Expansion of qualifications for li- fairs. Mr. MCCONNELL. Mr. President, I censed mental health counselors Sec. 402. Report on job fairs attended by one- ask unanimous consent that the Com- of the Department of Veterans Af- stop career center employees at mittee on Foreign Relations be author- fairs to include doctoral degrees. which such employees encounter Sec. 123. Requirement that physician assistants veterans. ized to meet during the session of the employed by the Department of Senate on November 10, 2015, at 10 a.m., Sec. 403. Review of challenges faced by employ- Veterans Affairs receive competi- ers seeking to hire veterans and to conduct a hearing entitled ‘‘Update tive pay. sharing of information among on the Campaign against ISIS in Sec. 124. Report on medical workforce of the Federal agencies that serve vet- Syria.’’ Department of Veterans Affairs. erans. The PRESIDING OFFICER. Without TITLE II—COMPENSATION AND OTHER Sec. 404. Review of Transition GPS Program objection, it is so ordered. BENEFITS MATTERS Core Curriculum. SELECT COMMITTEE ON INTELLIGENCE Subtitle A—Benefits Claims Submission Sec. 405. Modification of requirement for provi- sion of preseparation counseling. Mr. MCCONNELL. Mr. President, I Sec. 201. Participation of veterans service orga- ask unanimous consent that the Select nizations in Transition Assistance TITLE V—VETERAN SMALL BUSINESS Program. MATTERS Committee on Intelligence be author- Sec. 202. Requirement that Secretary of Vet- Sec. 501. Modification of treatment under con- ized to meet during the session of the erans Affairs publish the average tracting goals and preferences of Senate on November 10, 2015, at 2:30 time required to adjudicate timely Department of Veterans Affairs and untimely appeals. p.m. for small businesses owned by vet- Sec. 203. Determination of manner of appear- The PRESIDING OFFICER. Without erans of small businesses after ance for hearings before Board of objection, it is so ordered. death of disabled veteran owners. Veterans’ Appeals. f Sec. 502. Treatment of businesses after deaths Subtitle B—Practices of Regional Offices of servicemember-owners for pur- 21ST CENTURY VETERANS Relating to Benefits Claims poses of Department of Veterans BENEFITS DELIVERY ACT Sec. 211. Comptroller General review of claims Affairs contracting goals and Ms. MURKOWSKI. Mr. President, I processing performance of re- preferences. gional offices of Veterans Benefits TITLE VI—BURIAL MATTERS ask unanimous consent that the Sen- Administration. ate proceed to the immediate consider- Sec. 212. Inclusion in annual budget submission Sec. 601. Department of Veterans Affairs study ation of Calendar No. 267, S. 1203. of information on capacity of Vet- on matters relating to burial of The PRESIDING OFFICER. The erans Benefits Administration to unclaimed remains of veterans in clerk will report the bill by title. process benefits claims. national cemeteries. The legislative clerk read as follows: Sec. 213. Report on staffing levels at regional TITLE VII—OTHER MATTERS offices of Department of Veterans A bill (S. 1203) to amend title 38, United Sec. 701. Honoring as veterans certain persons Affairs after transition to Na- States Code, to improve the processing by who performed service in the re- tional Work Queue. the Department of Veterans Affairs of claims serve components of the Armed Sec. 214. Annual report on progress in imple- for benefits under laws administered by the Forces. menting Veterans Benefits Man- Secretary of Veterans Affairs, and for other Sec. 702. Report on Laotian military support of agement System. Armed Forces of the United States purposes. Sec. 215. Report on plans of Secretary of Vet- There being no objection, the Senate during Vietnam War. erans Affairs to reduce inventory Sec. 703. Restoration of prior reporting fee mul- proceeded to consider the bill, which of non-rating workload. tipliers. had been reported from the Committee Sec. 216. Sense of Congress on increased trans- TITLE I—HEALTH CARE MATTERS on Veterans’ Affairs, with an amend- parency relating to claims for ment to strike all after the enacting benefits and appeals of decisions Subtitle A—Expansion and Improvement of relating to benefits in Monday Health Care Benefits clause and insert in lieu thereof the Morning Workload Report. SEC. 101. IMPROVED ACCESS TO APPROPRIATE following: Subtitle C—Other Benefits Matters IMMUNIZATIONS FOR VETERANS. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 221. Modification of pilot program for use (a) INCLUSION OF RECOMMENDED ADULT IM- (a) SHORT TITLE.—This Act may be cited as of contract physicians for dis- MUNIZATIONS AS MEDICAL SERVICES.— the ‘‘21st Century Veterans Benefits Delivery ability examinations. (1) COVERED BENEFIT.—Subparagraph (F) of and Other Improvements Act’’. Sec. 222. Development of procedures to increase section 1701(9) of title 38, United States Code, is (b) TABLE OF CONTENTS.—The table of con- cooperation with National Guard amended to read as follows: tents for this Act is as follows: Bureau. ‘‘(F) immunizations against infectious dis- Sec. 1. Short title; table of contents. Sec. 223. Review of determination of certain eases, including each immunization on the rec- TITLE I—HEALTH CARE MATTERS service in Philippines during ommended adult immunization schedule at the World War II. time such immunization is indicated on that Subtitle A—Expansion and Improvement of Sec. 224. Reports on Department disability med- schedule;’’. Health Care Benefits ical examinations and prevention (2) RECOMMENDED ADULT IMMUNIZATION Sec. 101. Improved access to appropriate immu- of unnecessary medical examina- SCHEDULE DEFINED.—Section 1701 of such title is nizations for veterans. tions. amended by adding after paragraph (9) the fol- Sec. 102. Expansion of provision of chiropractic Sec. 225. Sense of Congress on submittal of in- lowing new paragraph: care and services to veterans. formation relating to claims for ‘‘(10) The term ‘recommended adult immuniza- Subtitle B—Health Care Administration disabilities incurred or aggravated tion schedule’ means the schedule established Sec. 111. Expansion of availability of prosthetic by military sexual trauma. (and periodically reviewed and, as appropriate, and orthotic care for veterans. TITLE III—EDUCATION MATTERS revised) by the Advisory Committee on Immuni- Sec. 112. Public access to Department of Vet- Sec. 301. Retention of entitlement to edu- zation Practices established by the Secretary of erans Affairs research and data cational assistance during certain Health and Human Services and delegated to sharing between Departments. additional periods of active duty. the Centers for Disease Control and Preven- Sec. 113. Revival of Intermediate Care Techni- Sec. 302. Reports on progress of students receiv- tion.’’. cian Pilot Program of Department ing Post-9/11 Educational Assist- (b) INCLUSION OF RECOMMENDED ADULT IM- of Veterans Affairs. ance. MUNIZATIONS IN ANNUAL REPORT.—Section Sec. 114. Transfer of health care provider Sec. 303. Secretary of Defense report on level of 1704(1)(A) of such title is amended— credentialing data from Secretary education attained by those who (1) in clause (i), by striking ‘‘and’’ at the end; of Defense to Secretary of Vet- transfer entitlement to Post-9/11 (2) in clause (ii), by striking the period at the erans Affairs. educational assistance. end and inserting ‘‘; and’’; and

VerDate Sep 11 2014 06:41 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00071 Fmt 0637 Sfmt 6333 E:\CR\FM\A10NO6.032 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7940 CONGRESSIONAL RECORD — SENATE November 10, 2015 (3) by inserting after clause (ii) the following on Veterans’ Affairs of the House of Representa- (iv) For each such manuscript, the name and new clause: tives a report setting forth a plan for carrying issue number or volume number, as the case may ‘‘(iii) to provide veterans each immunization out subsection (a). The Secretary shall develop be, of the journal or other publication in which on the recommended adult immunization sched- the plan in consultation with veterans service such manuscript was published. ule at the time such immunization is indicated organizations, institutions of higher education (c) RECOMMENDATIONS FOR DATA SHARING BE- on that schedule.’’. with accredited degree programs in prosthetics TWEEN DEPARTMENT OF VETERANS AFFAIRS AND (c) REPORT TO CONGRESS.— and orthotics, and representatives of the pros- DEPARTMENT OF DEFENSE.—Not later than one (1) IN GENERAL.—Not later than two years thetics and orthotics field. year after the effective date specified in sub- after the date of the enactment of this Act, the (c) FUNDING.— section (e), the Department of Veterans Affairs- Secretary of Veterans Affairs shall submit to the (1) AUTHORIZATION OF APPROPRIATIONS.— Department of Defense Joint Executive Com- Committee on Veterans’ Affairs of the Senate There is hereby authorized to be appropriated mittee established by section 320(a) of title 38, and the Committee on Veterans’ Affairs of the for fiscal year 2017 for the Department of Vet- United States Code, shall submit to the Sec- House of Representatives a report on the devel- erans Affairs, $5,000,000 to carry out this sec- retary of Veterans Affairs and the Secretary of opment and implementation by the Department tion. Defense options and recommendations for the of Veterans Affairs of quality measures and (2) AVAILABILITY.—The amount authorized to establishment of a program for long-term co- metrics, including targets for compliance, to en- be appropriated by paragraph (1) shall remain operation and data sharing between and within sure that veterans receiving medical services available for expenditure until September 30, the Department of Veterans Affairs and the De- under chapter 17 of title 38, United States Code, 2019. partment of Defense to facilitate research on receive each immunization on the recommended (d) EFFECTIVE DATE.—This section shall take outcomes of military service, readjustment after adult immunization schedule at the time such effect on the date that is one year after the date combat deployment, and other topics of impor- immunization is indicated on that schedule. of the enactment of this Act. tance to the following: (1) Veterans. (2) RECOMMENDED ADULT IMMUNIZATION SEC. 112. PUBLIC ACCESS TO DEPARTMENT OF (2) Members of the Armed Forces. SCHEDULE DEFINED.—In this subsection, the term VETERANS AFFAIRS RESEARCH AND (3) Family members of veterans. ‘‘recommended adult immunization schedule’’ DATA SHARING BETWEEN DEPART- MENTS. (4) Family members of members of the Armed has the meaning given that term in section Forces. (a) ESTABLISHMENT OF INTERNET WEBSITE.— 1701(10) of title 38, United States Code, as added (5) Members of communities that have a sig- The Secretary of Veterans Affairs shall make by subsection (a)(2). nificant population of veterans or members of available on an Internet website of the Depart- SEC. 102. EXPANSION OF PROVISION OF CHIRO- the Armed Forces. PRACTIC CARE AND SERVICES TO ment of Veterans Affairs available to the public (d) EXECUTIVE AGENCY DEFINED.—In this sec- VETERANS. the following: tion, the term ‘‘executive agency’’ has the mean- (a) PROGRAM FOR PROVISION OF CHIROPRACTIC (1) Data files that contain information on re- ing given that term in section 133 of title 41, CARE AND SERVICES TO VETERANS.—Section search of the Department. United States Code. 204(c) of the Department of Veterans Affairs (2) A data dictionary on each data file. (e) EFFECTIVE DATE.—This section shall take Health Care Programs Enhancement Act of 2001 (3) Instructions for how to obtain access to effect on the date that is one year after the date (Public Law 107–135; 115 Stat. 2459; 38 U.S.C. each data file for use in research. of the enactment of this Act. 1710 note) is amended— (b) PUBLIC ACCESS TO MANUSCRIPTS ON DE- SEC. 113. REVIVAL OF INTERMEDIATE CARE (1) by inserting ‘‘(1)’’ before ‘‘The program’’; PARTMENT FUNDED RESEARCH.— TECHNICIAN PILOT PROGRAM OF and (1) IN GENERAL.—Beginning not later than 18 DEPARTMENT OF VETERANS AF- (2) by adding at the end the following new months after the effective date specified in sub- FAIRS. paragraph: section (e), the Secretary shall require, as a con- (a) REVIVAL.—The Secretary of Veterans Af- ‘‘(2) The program shall be carried out at not dition on the use of any data gathered or formu- fairs shall revive the Intermediate Care Techni- fewer than two medical centers or clinics in lated from research funded by the Department, cian Pilot Program of the Department of Vet- each Veterans Integrated Service Network by that any final, peer-reviewed manuscript pre- erans Affairs that was carried out by the Sec- not later than two years after the date of the pared for publication that uses such data be retary between January 2013 and February 2014. (b) TECHNICIANS.— enactment of the 21st Century Veterans Benefits submitted to the Secretary for deposit in the dig- (1) SELECTION.—The Secretary shall select not Delivery and Other Improvements Act, and at ital archive under paragraph (2) and publica- tion under paragraph (3). less than 45 intermediate care technicians to not fewer than 50 percent of all medical centers participate in the pilot program. in each Veterans Integrated Service Network by (2) DIGITAL ARCHIVE.—Not later than 18 months after the effective date specified in sub- (2) FACILITIES.— not later than three years after such date of en- (A) IN GENERAL.—Any intermediate care tech- section (e), the Secretary shall— actment.’’. nician hired pursuant to paragraph (1) may be (A) establish a digital archive consisting of (b) EXPANDED CHIROPRACTOR SERVICES AVAIL- assigned to a medical facility of the Department manuscripts described in paragraph (1); or ABLE TO VETERANS.— as determined by the Secretary for purposes of (1) MEDICAL SERVICES.—Paragraph (6) of sec- (B) partner with another executive agency to compile such manuscripts in a digital archive. this section. tion 1701 of title 38, United States Code, is (B) PRIORITY.—In assigning intermediate care (3) PUBLIC AVAILABILITY.— amended by adding at the end the following technicians under subparagraph (A), the Sec- (A) AVAILABILITY OF ARCHIVE.—The Secretary new subparagraph: retary shall give priority to facilities at which shall ensure that the digital archive under para- ‘‘(H) Chiropractic services.’’. veterans have the longest wait times for ap- graph (2) and the contents of such archive are (2) REHABILITATIVE SERVICES.—Paragraph (8) pointments for the receipt of hospital care or available to the public via a publicly accessible of such section is amended by inserting ‘‘chiro- medical services from the Department, as deter- Internet website at no cost to the public. practic,’’ after ‘‘counseling,’’. mined by the Secretary for purposes of this sec- (B) AVAILABILITY OF MANUSCRIPTS.—The Sec- (3) PREVENTIVE HEALTH SERVICES.—Paragraph tion. retary shall ensure that each manuscript sub- (9) of such section is amended— (c) TERMINATION.—The Secretary shall carry mitted to the Secretary under paragraph (1) is (A) by redesignating subparagraphs (F) out the pilot program under subsection (a) dur- available to the public under subparagraph (A) through (K) as subparagraphs (G) through (L), ing the three-year period beginning on the effec- not later than one year after the official date on respectively; and tive date specified in subsection (e). which the manuscript is otherwise published. (B) by inserting after subparagraph (E) the (d) HOSPITAL CARE AND MEDICAL SERVICES (4) CONSISTENT WITH COPYRIGHT LAW.—The following new subparagraph (F): DEFINED.—In this section, the terms ‘‘hospital Secretary shall carry out this subsection in a ‘‘(F) periodic and preventive chiropractic ex- care’’ and ‘‘medical services’’ have the meanings manner consistent with applicable copyright aminations and services;’’. given such terms in section 1701 of title 38, law. Subtitle B—Health Care Administration United States Code. (5) ANNUAL REPORT.— (e) EFFECTIVE DATE.—This section shall take SEC. 111. EXPANSION OF AVAILABILITY OF PROS- (A) IN GENERAL.—Not later than one year effect on the date that is one year after the date THETIC AND ORTHOTIC CARE FOR after the date the Secretary begins making of the enactment of this Act. VETERANS. manuscripts available to the public under this SEC. 114. TRANSFER OF HEALTH CARE PROVIDER (a) ESTABLISHMENT OR EXPANSION OF AD- subsection and not less frequently than once CREDENTIALING DATA FROM SEC- VANCED DEGREE PROGRAMS TO EXPAND AVAIL- each year thereafter, the Secretary shall submit RETARY OF DEFENSE TO SECRETARY ABILITY OF PROVISION OF CARE.—The Secretary to the Committee on Veterans’ Affairs of the OF VETERANS AFFAIRS. of Veterans Affairs shall work with institutions Senate and the Committee on Veterans’ Affairs (a) IN GENERAL.—In a case in which the Sec- of higher education to develop partnerships for of the House of Representatives a report on the retary of Veterans Affairs hires a covered health the establishment or expansion of programs of implementation of this subsection during the care provider, the Secretary of Defense shall, advanced degrees in prosthetics and orthotics in most recent one-year period. after receiving a request from the Secretary of order to improve and enhance the availability of (B) CONTENTS.—Each report submitted under Veterans Affairs for the credentialing data of high quality prosthetic and orthotic care for vet- subparagraph (A) shall include for the period of the Secretary of Defense relating to such health erans. the report: care provider, transfer to the Secretary of Vet- (b) REPORT.—Not later than one year after (i) The number of manuscripts submitted erans Affairs such credentialing data. the effective date specified in subsection (d), the under paragraph (1). (b) COVERED HEALTH CARE PROVIDERS.—For Secretary shall submit to the Committee on Vet- (ii) The titles of such manuscripts. purposes of this section, a covered provider is a erans’ Affairs of the Senate and the Committee (iii) The authors of such manuscripts. health care provider who—

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00072 Fmt 0637 Sfmt 6333 E:\CR\FM\A10NO6.046 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7941 (1) is or was employed by the Secretary of De- hospital of the Department has an emergency ‘‘(i) placing the health of the individual (or, fense; medical condition that has not been stabilized, with respect to a pregnant woman, the health of (2) provides or provided health care related the hospital may not transfer the individual un- the woman or her unborn child) in serious jeop- services as part of such employment; and less— ardy; (3) was credentialed by the Secretary of De- ‘‘(A)(i) the individual (or a legally responsible ‘‘(ii) serious impairment to bodily functions; fense. person acting on behalf of the individual), after or (c) POLICIES AND REGULATIONS.—The Sec- being informed of the obligations of the hospital ‘‘(iii) serious dysfunction of any bodily organ retary of Veterans Affairs and the Secretary of under this section and of the risk of transfer, re- or part; or Defense shall establish such policies and pro- quests, in writing, transfer to another medical ‘‘(B) with respect to a pregnant woman who is mulgate such regulations as may be necessary to facility; having contractions— carry out this section. ‘‘(ii) a physician of the Department has ‘‘(i) that there is inadequate time to effect a (d) CREDENTIALING DEFINED.—In this section, signed a certification that, based upon the in- safe transfer to another hospital before delivery; the term ‘‘credentialing’’ means the systematic formation available at the time of transfer, the or process of screening and evaluating qualifica- medical benefits reasonably expected from the ‘‘(ii) that transfer may pose a threat to the tions and other credentials, including licensure, provision of appropriate medical treatment at health or safety of the woman or the unborn required education, relevant training and expe- another medical facility outweigh the increased child. rience, and current competence and health sta- risks to the individual and, in the case of labor, ‘‘(3)(A) The term ‘to stabilize’ means, with re- tus. to the unborn child from effecting the transfer; spect to an emergency medical condition de- (e) EFFECTIVE DATE.—This section shall take or scribed in paragraph (2)(A), to provide such effect on the date that is one year after the date ‘‘(iii) if a physician of the Department is not medical treatment of the condition as may be of the enactment of this Act. physically present in the emergency department necessary to assure, within reasonable medical SEC. 115. EXAMINATION AND TREATMENT BY DE- at the time an individual is transferred, a quali- probability, that no material deterioration of the PARTMENT OF VETERANS AFFAIRS fied medical person (as defined by the Secretary condition is likely to result from or occur during FOR EMERGENCY MEDICAL CONDI- for purposes of this section) has signed a certifi- the transfer of the individual from a facility, or, TIONS AND WOMEN IN LABOR. cation described in clause (ii) after a physician with respect to an emergency medical condition (a) IN GENERAL.—Subchapter VIII of chapter of the Department, in consultation with the per- described in paragraph (2)(B), to deliver (in- 17 of title 38, United States Code, is amended by son, has made the determination described in cluding the placenta). inserting after section 1784 the following new such clause, and subsequently countersigns the ‘‘(B) The term ‘stabilized’ means, with respect section: certification; and to an emergency medical condition described in ‘‘§ 1784A. Examination and treatment for ‘‘(B) the transfer is an appropriate transfer to paragraph (2)(A), that no material deterioration emergency medical conditions and women that facility. of the condition is likely, within reasonable in labor ‘‘(2) A certification described in clause (ii) or medical probability, to result from or occur dur- ‘‘(a) IN GENERAL.—In the case of a hospital of (iii) of paragraph (1)(A) shall include a sum- ing the transfer of the individual from a facility, the Department that has an emergency depart- mary of the risks and benefits upon which the or, with respect to an emergency medical condi- ment, if any individual comes to the hospital or certification is based. tion described in paragraph (2)(B), that the the campus of the hospital and a request is ‘‘(3) For purposes of paragraph (1)(B), an ap- woman has delivered (including the placenta). made on behalf of the individual for examina- propriate transfer to a medical facility is a ‘‘(4) The term ‘transfer’ means the movement tion or treatment for a medical condition, the transfer— (including the discharge) of an individual out- hospital must provide for an appropriate med- ‘‘(A) in which the transferring hospital pro- side the facilities of a hospital of the Depart- ical screening examination within the capability vides the medical treatment within its capacity ment at the direction of any person employed by of the emergency department, including ancil- that minimizes the risks to the health of the in- (or affiliated or associated, directly or indi- lary services routinely available to the emer- dividual and, in the case of a woman in labor, rectly, with) the hospital, but does not include gency department, to determine whether or not the health of the unborn child; such a movement of an individual who— an emergency medical condition exists. ‘‘(B) in which the receiving facility— ‘‘(A) has been declared dead; or ‘‘(B) leaves the facility without the permission ‘‘(b) NECESSARY STABILIZING TREATMENT FOR ‘‘(i) has available space and qualified per- of any such person.’’. EMERGENCY MEDICAL CONDITIONS AND LABOR.— sonnel for the treatment of the individual; and (b) CLERICAL AMENDMENT.—The table of sec- (1) If any individual comes to a hospital of the ‘‘(ii) has agreed to accept transfer of the indi- tions at the beginning of chapter 17 of such title Department that has an emergency department vidual and to provide appropriate medical treat- is amended by inserting after the item relating or the campus of such a hospital and the hos- ment; ‘‘(C) in which the transferring hospital sends to section 1784 the following new item: pital determines that the individual has an to the receiving facility all medical records (or emergency medical condition, the hospital must ‘‘Sec. 1784A. Examination and treatment for copies thereof) available at the time of the provide either— emergency medical conditions and ‘‘(A) within the staff and facilities available transfer relating to the emergency medical con- women in labor.’’. at the hospital, for such further medical exam- dition for which the individual has presented, Subtitle C—Improvement of Medical ination and such treatment as may be required including— Workforce ‘‘(i) observations of signs or symptoms; to stabilize the medical condition; or ‘‘(ii) preliminary diagnosis; SEC. 121. INCLUSION OF MENTAL HEALTH PRO- ‘‘(B) for transfer of the individual to another ‘‘(iii) treatment provided; FESSIONALS IN EDUCATION AND medical facility in accordance with subsection ‘‘(iv) the results of any tests; and TRAINING PROGRAM FOR HEALTH (c). ‘‘(v) the informed written consent or certifi- PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS. ‘‘(2) A hospital is deemed to meet the require- cation (or copy thereof) provided under para- ment of paragraph (1)(A) with respect to an in- In carrying out the education and training graph (1)(A); program required under section 7302(a)(1) of dividual if the hospital offers the individual the ‘‘(D) in which the transfer is effected through title 38, United States Code, the Secretary of further medical examination and treatment de- qualified personnel and transportation equip- Veterans Affairs shall include education and scribed in that paragraph and informs the indi- ment, including the use of necessary and medi- training of marriage and family therapists and vidual (or a person acting on behalf of the indi- cally appropriate life support measures during licensed professional mental health counselors. vidual) of the risks and benefits to the indi- the transfer; and vidual of such examination and treatment, but ‘‘(E) that meets such other requirements as SEC. 122. EXPANSION OF QUALIFICATIONS FOR the individual (or a person acting on behalf of LICENSED MENTAL HEALTH COUN- the Secretary considers necessary in the interest SELORS OF THE DEPARTMENT OF the individual) refuses to consent to the exam- of the health and safety of individuals trans- ination and treatment. The hospital shall take VETERANS AFFAIRS TO INCLUDE ferred. DOCTORAL DEGREES. all reasonable steps to secure the written in- ‘‘(d) DEFINITIONS.—In this section: Section 7402(b)(11)(A) of title 38, United States formed consent of the individual (or person) to ‘‘(1) The term ‘campus’ means, with respect to Code, is amended by inserting ‘‘or doctoral de- refuse such examination and treatment. a hospital of the Department— gree’’ after ‘‘master’s degree’’. ‘‘(3) A hospital is deemed to meet the require- ‘‘(A) the physical area immediately adjacent ment of paragraph (1) with respect to an indi- SEC. 123. REQUIREMENT THAT PHYSICIAN AS- to the main buildings of the hospital; SISTANTS EMPLOYED BY THE DE- vidual if the hospital offers to transfer the indi- ‘‘(B) other areas and structures that are not PARTMENT OF VETERANS AFFAIRS vidual to another medical facility in accordance strictly contiguous to the main buildings but are RECEIVE COMPETITIVE PAY. with subsection (c) and informs the individual located not less than 250 yards from the main Section 7451(a)(2) of title 38, United States (or a person acting on behalf of the individual) buildings; and Code, is amended— of the risks and benefits to the individual of ‘‘(C) any other areas determined by the Sec- (1) by redesignating subparagraph (B) as sub- such transfer, but the individual (or a person retary to be part of the campus of the hospital. paragraph (C); acting on behalf of the individual) refuses to ‘‘(2) The term ‘emergency medical condition’ (2) by inserting after subparagraph (A) the consent to the transfer. The hospital shall take means— following new subparagraph (B): all reasonable steps to secure the written in- ‘‘(A) a medical condition manifesting itself by ‘‘(B) Physician assistant.’’; and formed consent of the individual (or person) to acute symptoms of sufficient severity (including (3) in subparagraph (C), as redesignated by refuse such transfer. severe pain) such that the absence of immediate paragraph (1), by striking ‘‘and registered ‘‘(c) RESTRICTING TRANSFERS UNTIL INDI- medical attention could reasonably be expected nurse’’ and inserting ‘‘registered nurse, and VIDUAL STABILIZED.—(1) If an individual at a to result in— physician assistant’’.

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SEC. 124. REPORT ON MEDICAL WORKFORCE OF (4) An update on the efforts of the Secretary (1) IN GENERAL.—Not later than 39 months THE DEPARTMENT OF VETERANS AF- to offer training opportunities in telemedicine to after the date of the enactment of this Act, the FAIRS. medical residents in medical facilities of the De- Secretary shall submit to the Committee on Vet- (a) IN GENERAL.—Not later than 120 days partment that use telemedicine, consistent with erans’ Affairs of the Senate and the Committee after the date of the enactment of this Act, the medical residency program requirements estab- on Veterans’ Affairs of the House of Representa- Secretary of Veterans Affairs shall submit to the lished by the Accreditation Council for Grad- tives a report on whether publication pursuant Committee on Veterans Affairs of the Senate uate Medical Education, as required in section to subsection (a)(1) has had an effect on the and the Committee on Veterans Affairs of the 108(b) of the Honoring America’s Veterans and number of timely appeals filed. House of Representatives a report on the med- Caring for Camp Lejeune Families Act of 2012 (2) CONTENTS.—The report required by para- ical workforce of the Department of Veterans (Public Law 112–154; 38 U.S.C. 7406 note). graph (1) shall include the following: Affairs. (5) An assessment of the development and im- (A) The number of appeals and timely appeals (b) ELEMENTS.—The report required by sub- plementation by the Secretary of succession that were filed during the one-year period end- section (a) shall include the following: planning policies to address the prevalence of ing on the effective date specified in subsection (1) With respect to licensed professional men- vacancies in positions in the Veterans Health (a)(2). tal health counselors and marriage and family Administration of more than 180 days, including (B) The number of appeals and timely appeals therapists of the Department— the development of an enterprise position man- that were filed during the one-year period end- (A) how many such counselors and therapists agement system to more effectively identify, ing on the date that is two years after the effec- are currently enrolled in the mental health pro- track, and resolve such vacancies. tive date specified in subsection (a)(2). fessionals trainee program of the Department; (6) A description of the actions taken by the (c) DEFINITIONS.—In this section: (B) how many such counselors and therapists Secretary, in consultation with the Director of (1) APPEAL.—The term ‘‘appeal’’ means a no- are expected to enroll in the mental health pro- the Office of Personnel Management, to address tice of disagreement filed pursuant to section fessionals trainee program of the Department any impediments to the timely appointment and 7105(a) of title 38, United States Code, in re- during the 180-day period beginning on the date determination of qualifications for Directors of sponse to notice of the result of an initial review of the submittal of the report; Veterans Integrated Service Networks and Med- or determination regarding a claim for a benefit (C) a description of the eligibility criteria for ical Directors of the Department. under a law administered by the Secretary of such counselors and therapists as compared to Veterans Affairs. TITLE II—COMPENSATION AND OTHER other behavioral health professions in the De- (2) TIMELY.—The term ‘‘timely’’ with respect BENEFITS MATTERS partment; to an appeal means that the notice of disagree- (D) a description of the objectives, goals, and Subtitle A—Benefits Claims Submission ment was filed not more than 180 days after the timing of the Department with respect to in- SEC. 201. PARTICIPATION OF VETERANS SERVICE date of mailing of the notice of the result of the creasing the representation of such counselors ORGANIZATIONS IN TRANSITION AS- initial review or determination described in and therapists in the behavioral health work- SISTANCE PROGRAM. paragraph (1). force of the Department; and (a) SENSE OF CONGRESS.—It is the sense of (3) UNTIMELY.—The term ‘‘untimely’’ with re- (E) a description of the actions taken by the Congress that the Secretary of Defense, in col- spect to an appeal means the notice of disagree- Secretary, in consultation with the Director of laboration with the Secretary of Labor, the Sec- ment was filed more than 180 days after the date the Office of Personnel Management, to create retary of Homeland Security, and the Secretary of mailing of the notice of the result of the ini- an occupational series for such counselors and of Veterans Affairs, should establish a process tial review or determination described in para- therapists and a timeline for the creation of by which a representative of a veterans service graph (1). such an occupational series. organization may be present at any portion of SEC. 203. DETERMINATION OF MANNER OF AP- (2) A breakdown of spending by the Depart- the program carried out under section 1144 of PEARANCE FOR HEARINGS BEFORE ment in connection with the education debt re- title 10, United States Code, relating to the sub- BOARD OF VETERANS’ APPEALS. duction program of the Department under sub- mittal of claims to the Secretary of Veterans Af- (a) IN GENERAL.—Section 7107 of title 38, chapter VII of chapter 76 of title 38, United fairs for compensation under chapter 11 or 13 of United States Code, is amended— States Code, including— title 38, United States Code. (1) by striking subsection (e); (A) the amount spent by the Department in (b) REPORT.— (2) by redesignating subsections (d) and (f) as debt reduction payments during the three-year (1) IN GENERAL.—Not later than 18 months subsections (f) and (g), respectively; period preceding the submittal of the report after the date of the enactment of this Act, the (3) by inserting after subsection (c) the fol- disaggregated by the medical profession of the Secretary of Defense shall submit to Congress a lowing new subsections (d) and (e): individual receiving the payments; report on participation of veterans service orga- ‘‘(d)(1) Subject to paragraph (2), a hearing be- (B) a description of how the Department nizations in the program carried out under sec- fore the Board shall be conducted, as the Board prioritizes such spending by medical profession, tion 1144 of title 10, United States Code. considers appropriate— including an assessment of whether such pri- (2) CONTENTS.—The report required by para- ‘‘(A) in person; or ority reflects the five occupations identified in graph (1) shall include the following: ‘‘(B) through picture and voice transmission, the most recent determination by the Inspector (A) An assessment of the compliance of facili- by electronic or other means, in such manner General of the Department of Veterans Affairs ties of the Department of Defense with the di- that the appellant is not present in the same lo- as having the largest staffing shortages in the rectives included in the memorandum of the Sec- cation as the member or members of the Board Veterans Health Administration; and retary of Defense entitled ‘‘Installation Access during the hearing. (C) a description of the actions taken by the and Support Services for Nonprofit Non-Federal ‘‘(2) Upon request by an appellant, a hearing Secretary to increase the effectiveness of such Entities’’ and dated December 23, 2014. before the Board shall be conducted, as the ap- spending for purposes of recruitment of health (B) The number of military bases that have pellant considers appropriate— care providers to the Department, including ef- complied with such directives. ‘‘(A) in person; or forts to more consistently include eligibility for (C) How many veterans service organizations ‘‘(B) through picture and voice transmission the education debt reduction program in va- have been present at a portion of a program as as described in paragraph (1)(B). cancy announcements of positions for health described in subsection (a). ‘‘(e)(1) In a case in which a hearing before the care providers at the Department. (c) VETERANS SERVICE ORGANIZATION DE- Board is to be conducted through picture and (3) A description of any impediments to the FINED.—In this section, the term ‘‘veterans serv- voice transmission as described in subsection delivery by the Department of telemedicine serv- ice organization’’ means any organization rec- (d)(1)(B), the Secretary shall provide suitable ices to veterans and any actions taken by the ognized by the Secretary for the representation facilities and equipment to the Board or other Department to address such impediments, in- of veterans under section 5902 of title 38. components of the Department to enable an ap- cluding with respect to— SEC. 202. REQUIREMENT THAT SECRETARY OF pellant located at an appropriate facility within (A) restrictions under Federal or State laws; VETERANS AFFAIRS PUBLISH THE the area served by a regional office to partici- (B) licensing or credentialing issues for health AVERAGE TIME REQUIRED TO ADJU- pate as so described. care providers, including non-Department DICATE TIMELY AND UNTIMELY AP- ‘‘(2) Any hearing conducted through picture health care providers, practicing telemedicine PEALS. and voice transmission as described in sub- with a veteran located in a different State; (a) PUBLICATION REQUIREMENT.— section (d)(1)(B) shall be conducted in the same (C) the effect of limited broadband access or (1) IN GENERAL.—On an ongoing basis, the manner as, and shall be considered the equiva- limited information technology capabilities on Secretary of Veterans Affairs shall make avail- lent of, a personal hearing.’’; and the delivery of health care; able to the public the following: (4) in subsection (f)(1), as redesignated by (D) the distance a veteran is required to travel (A) The average length of time to adjudicate paragraph (2), by striking ‘‘An appellant may to access a facility or clinic with telemedicine a timely appeal. request’’ and all that follows through ‘‘office of capabilities; (B) The average length of time to adjudicate the Department’’ and inserting ‘‘In a case in (E) the effect on the provision of telemedicine an untimely appeal. which a hearing before the Board is to be con- services to veterans of policies of and limited li- (2) EFFECTIVE DATE.—Paragraph (1) shall ducted in person, the hearing shall be held at ability protection for certain entities; and take effect on the date that is one year after the the principal location of the Board or at a facil- (F) issues relating to reimbursement and trav- date of the enactment of this Act and shall ity of the Department located within the area el limitations for veterans that affect the partici- apply until the date that is three years after the served by a regional office of the Department’’. pation of non-Department health care providers date of the enactment of this Act. (b) CONFORMING AMENDMENT.—Subsection in the telemedicine program. (b) REPORT.— (a)(1) of such section is amended by striking ‘‘in

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Department of Veterans Affairs, the following: (c) EFFECTIVE DATE.—The amendment made (2) A description of the actions the Secretary (A) The number of fully developed claims for by subsection (a) shall apply with respect to will take to improve the processing of such benefits under the laws administered by the Sec- cases received by the Board of Veterans’ Ap- claims. retary that have been received. peals pursuant to notices of disagreement sub- (3) An assessment of the actions identified by (B) The number of claims described in sub- mitted on or after the date of the enactment of the Secretary under paragraph (2) in the pre- paragraph (A) that are pending a decision. this Act. vious year and an identification of the effects of (C) The number of claims described in sub- Subtitle B—Practices of Regional Offices those actions. paragraph (A) that have been pending a deci- Relating to Benefits Claims (c) EFFECTIVE DATE.—This section shall apply sion for more than 125 days. with respect to any budget submitted as de- (2) Enhanced information on appeals of deci- SEC. 211. COMPTROLLER GENERAL REVIEW OF scribed in subsection (a) with respect to any fis- CLAIMS PROCESSING PERFORMANCE sions relating to claims for benefits under the OF REGIONAL OFFICES OF VET- cal year after fiscal year 2017. laws administered by the Secretary that are ERANS BENEFITS ADMINISTRATION. SEC. 213. REPORT ON STAFFING LEVELS AT RE- pending, including information contained in the (a) REVIEW REQUIRED.—Not later than 15 GIONAL OFFICES OF DEPARTMENT reports of the Department entitled ‘‘Appeals months after the effective date specified in sub- OF VETERANS AFFAIRS AFTER TRAN- Pending’’ and ‘‘Appeals Workload By Station’’. SITION TO NATIONAL WORK QUEUE. section (e), the Comptroller General of the Not later than 15 months after the date of the Subtitle C—Other Benefits Matters United States shall complete a review of the re- enactment of this Act, the Secretary of Veterans SEC. 221. MODIFICATION OF PILOT PROGRAM FOR gional offices of the Veterans Benefits Adminis- Affairs shall submit to the Committee on Vet- USE OF CONTRACT PHYSICIANS FOR tration to help the Veterans Benefits Adminis- erans’ Affairs of the Senate and the Committee DISABILITY EXAMINATIONS. tration achieve more consistent performance in on Veterans’ Affairs of the House of Representa- Section 504 of the Veterans’ Benefits Improve- the processing of claims for disability compensa- tives a report on the criteria and procedures ment Act of 1996 (Public Law 104–275; 38 U.S.C. tion. that the Secretary will use to determine appro- 5101 note) is amended— (b) ELEMENTS.—The review required by sub- priate staffing levels at the regional offices of (1) by redesignating subsections (c) and (d) as section (a) shall include the following: the Department once the Department has subsections (d) and (e), respectively; and (1) An identification of the following: (2) by inserting after subsection (b) the fol- (A) The factors, including management prac- transitioned to using the National Work Queue for the distribution of the claims processing lowing new subsection (c): tices, that distinguish higher performing re- ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— gional offices from other regional offices with workload. SEC. 214. ANNUAL REPORT ON PROGRESS IN IM- ‘‘(1) IN GENERAL.—Notwithstanding any law respect to claims for disability compensation. regarding the licensure of physicians, a physi- (B) The best practices employed by higher per- PLEMENTING VETERANS BENEFITS MANAGEMENT SYSTEM. cian described in paragraph (2) may conduct an forming regional offices that distinguish the per- (a) IN GENERAL.—Not later than each of one examination pursuant to a contract entered into formance of such offices from other regional of- year, two years, and three years after the date under subsection (a) at any location in any fices. of the enactment of this Act, the Secretary of State, the District of Columbia, or a Common- (C) Such other management practices or tools Veterans Affairs shall submit to Congress a re- wealth, territory, or possession of the United as the Comptroller General determines could be port on the progress of the Secretary in imple- States, so long as the examination is within the used to improve the performance of regional of- menting the Veterans Benefits Management Sys- scope of the authorized duties under such con- fices. tem. tract. (2) An assessment of the effectiveness of com- (b) CONTENTS.—Each report required by sub- ‘‘(2) PHYSICIAN DESCRIBED.—A physician de- munication with respect to the processing of section (a) shall include the following: scribed in this paragraph is a physician who— claims for disability compensation between the (1) An assessment of the current functionality ‘‘(A) has a current license to practice the regional offices and veterans service organiza- of the Veterans Benefits Management System. health care profession of the physician; and tions and caseworkers employed by Members of (2) Recommendations submitted to the Sec- ‘‘(B) is performing authorized duties for the Congress. retary by employees of the Department of Vet- Department of Veterans Affairs pursuant to a (c) REPORT.—Not later than 15 months after erans Affairs who are involved in processing contract entered into under subsection (a).’’. the effective date specified in subsection (e), the claims for benefits under the laws administered SEC. 222. DEVELOPMENT OF PROCEDURES TO IN- Comptroller General shall submit to the Com- by the Secretary, including veterans service rep- mittee on Veterans’ Affairs of the Senate and CREASE COOPERATION WITH NA- resentatives, rating veterans service representa- TIONAL GUARD BUREAU. the Committee on Veterans’ Affairs of the House tives, and decision review officers, for such leg- (a) IN GENERAL.—The Secretary of Veterans of Representatives a report on the results of the islative or administrative action as the employ- Affairs and the Chief of the National Guard Bu- review completed under subsection (a). ees consider appropriate to improve the proc- reau shall jointly develop and implement proce- (d) VETERANS SERVICE ORGANIZATION DE- essing of such claims. dures, including requirements relating to timeli- FINED.—In this section, the term ‘‘veterans serv- (3) Recommendations submitted to the Sec- ness, to improve the timely provision to the Sec- ice organization’’ means any organization rec- retary by veterans service organizations who use retary of such information in the possession of ognized by the Secretary for the representation the Veterans Benefits Management System for the Chief as the Secretary requires to process of veterans under section 5902 of title 38, United such legislative or administrative action as the claims submitted to the Secretary for benefits States Code. veterans service organizations consider appro- under the laws administered by the Secretary. (e) EFFECTIVE DATE.—This section shall take priate to improve such system. EPORT.—Not later than one year after effect on the date that is 270 days after the date (b) R (c) VETERANS SERVICE ORGANIZATION DE- the implementation of the procedures under sub- of the enactment of this Act. FINED.—In this section, the term ‘‘veterans serv- section (a), the Secretary and the Chief shall SEC. 212. INCLUSION IN ANNUAL BUDGET SUB- ice organization’’ means any organization rec- jointly submit to Congress a report describing— MISSION OF INFORMATION ON CA- ognized by the Secretary for the representation (1) the requests for information relating to PACITY OF VETERANS BENEFITS AD- of veterans under section 5902 of title 38, United MINISTRATION TO PROCESS BENE- records of members of the National Guard made FITS CLAIMS. States Code. by the Secretary to the Chief pursuant to such (a) IN GENERAL.—Along with the supporting SEC. 215. REPORT ON PLANS OF SECRETARY OF procedures; and information included in the budget submitted to VETERANS AFFAIRS TO REDUCE IN- (2) the timeliness of the responses of the Chief VENTORY OF NON-RATING WORK- to such requests. Congress by the President pursuant to section LOAD. 1105(a) of title 31, United States Code, the Presi- Not later than 120 days after the date of the SEC. 223. REVIEW OF DETERMINATION OF CER- dent shall include information on the capacity enactment of this Act, the Secretary of Veterans TAIN SERVICE IN PHILIPPINES DUR- ING WORLD WAR II. of the Veterans Benefits Administration to proc- Affairs shall submit to the Committee on Vet- (a) IN GENERAL.—The Secretary of Veterans ess claims for benefits under the laws adminis- erans’ Affairs of the Senate and the Committee Affairs, in consultation with the Secretary of tered by the Secretary of Veterans Affairs, in- on Veterans’ Affairs of the House of Representa- Defense and such military historians as the Sec- cluding information described in subsection (b), tives a report that details the plans of the Sec- retary of Defense recommends, shall review the during the fiscal year covered by the budget retary to reduce the inventory of work items list- process used to determine whether a covered in- with which the information is submitted. ed in the Monday Morning Workload Report dividual served in support of the Armed Forces (b) INFORMATION DESCRIBED.—The informa- under End Products 130, 137, 173, 290, 400, 600, of the United States during World War II in ac- tion described in this subsection is the following: 607, 690, 930, and 960. (1) An estimate of the average number of cordance with section 1002(d) of title X of Divi- claims for benefits under the laws administered SEC. 216. SENSE OF CONGRESS ON INCREASED sion A of the American Recovery and Reinvest- TRANSPARENCY RELATING TO by the Secretary, excluding such claims com- CLAIMS FOR BENEFITS AND AP- ment Act of 2009 (Public Law 111–5; 38 U.S.C. pleted during mandatory overtime, that a single PEALS OF DECISIONS RELATING TO 107 note) for purposes of determining whether full-time equivalent employee of the Administra- BENEFITS IN MONDAY MORNING such covered individual is eligible for payments tion can process in a year, based on the fol- WORKLOAD REPORT. described in such section. lowing: It is the sense of Congress that the Secretary (b) COVERED INDIVIDUALS.—In this section, a (A) A time and motion study that the Sec- of Veterans Affairs should include in each Mon- covered individual is any individual who timely retary shall conduct on the processing of such day Morning Workload Report published by the submitted a claim for benefits under subsection claims. Secretary the following: (c) of section 1002 of title X of Division A of the

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(1) IN GENERAL.—Not later than 18 months rating percentage of disability. (d) PROHIBITION ON BENEFITS FOR DISQUALI- after the date of the enactment of this Act, the (4) Of the covered claims under paragraph (1) FYING CONDUCT UNDER NEW PROCESS PURSUANT Secretary shall submit to the Committee on Vet- that were denied— TO REVIEW.—If pursuant to the review con- erans’ Affairs of the Senate and the Committee (A) the three most common reasons given by ducted under subsection (a) the Secretary of on Veterans’ Affairs of the House of Representa- the Secretary under section 5104(b)(1) of title 38, Veterans Affairs determines to establish a new tives a report on the efforts of the Secretary in United States Code, for such denials; and process for the making of payments as described reducing the necessity for in-person disability (B) the number of denials that were based on in that subsection, the process shall include examinations and other efforts to comply with the failure of a veteran to report for a medical mechanisms to ensure that individuals are not the provisions of section 5125 of title 38, United examination. treated as covered individuals for purposes of States Code. (5) Of the covered claims under paragraph (1) such payments if such individuals engaged in (2) CONTENTS.—The report required by para- that were resubmitted to the Secretary after de- any disqualifying conduct during service de- graph (1) shall include the following: nial in a previous adjudication— scribed in that subsection, including collabora- (A) Criteria used by the Secretary to deter- (A) the number of such claims submitted to or tion with the enemy or criminal conduct. mine if a claim is eligible for the Acceptable considered by the Secretary during such fiscal SEC. 224. REPORTS ON DEPARTMENT DISABILITY Clinical Evidence initiative. year; MEDICAL EXAMINATIONS AND PRE- (B) The number of claims determined to be eli- (B) the number and percentage of such VENTION OF UNNECESSARY MED- gible for the Acceptable Clinical Evidence initia- claims— ICAL EXAMINATIONS. tive during the period beginning on the date of (i) submitted by each gender; (a) REPORT ON DISABILITY MEDICAL EXAMINA- the initiation of the initiative and ending on the (ii) that were approved, including the number TIONS FURNISHED BY DEPARTMENT OF VETERANS date of the enactment of this Act, and percentage of such approved claims sub- AFFAIRS.— disaggregated— mitted by each gender; and (1) IN GENERAL.—Not later than 18 months (i) by fiscal year; and (iii) that were denied, including the number after the date of the enactment of this Act, the (ii) by claims determined eligible based in and percentage of such denied claims submitted Secretary of Veterans Affairs shall submit to the whole or in part on medical evidence provided by each gender; Committee on Veterans’ Affairs of the Senate by a private health care provider. (C) the number and percentage, listed by each and the Committee on Veterans’ Affairs of the (C) The total number of claims determined to gender, of claims assigned to each rating per- House of Representatives a report on the fur- be eligible for the Acceptable Clinical Evidence centage of disability; and nishing of general medical and specialty medical initiative that required an employee of the De- (D) of such claims that were again denied— examinations by the Department of Veterans Af- partment to supplement the evidence with infor- (i) the three most common reasons given by fairs for purposes of adjudicating claims for mation obtained during a telephone interview the Secretary under section 5104(b)(1) of such benefits under laws administered by the Sec- with a claimant or health care provider. title for such denials; and retary. (D) Information on any other initiatives or ef- (ii) the number of denials that were based on (2) CONTENTS.—The report submitted under forts, including Disability Benefits Question- the failure of a veteran to report for a medical paragraph (1) shall include the following: naires, of the Department to further encourage examination. (A) The number of general medical examina- the use of medical evidence provided by a pri- (6) The number of covered claims that, as of tions furnished by the Department during the vate health care provider and reliance upon re- the end of such fiscal year, are pending and, period of fiscal years 2011 through 2014 for pur- ports of a medical examination administered by separately, the number of such claims on ap- poses of adjudicating claims for benefits under a private physician if the report is sufficiently peal. laws administered by the Secretary. complete to be adequate for the purposes of ad- (7) The average number of days that covered (B) The number of general medical examina- judicating a claim. claims take to complete beginning on the date tions furnished by the Department during the (E) A plan— on which the claim is submitted. period of fiscal years 2011 through 2014 for pur- (i) to measure, track, and prevent the ordering (c) DEFINITIONS.—In this section: poses of adjudicating a claim in which a com- of unnecessary medical examinations when the (1) COVERED CLAIMS.—The term ‘‘covered prehensive joint examination was conducted, provision by a claimant of a medical examina- claims’’ means claims for disability compensa- but for which no disability relating to a joint, tion administered by a private physician in sup- tion submitted to the Secretary based on post- bone, or muscle had been asserted as an issue in port of a claim for benefits under chapter 11 or traumatic stress disorder alleged to have been the claim. 15 of title 38, United States Code, is adequate for incurred or aggravated by military sexual trau- (C) The number of specialty medical examina- the purpose of making a decision on that claim; ma. tions furnished by the Department during the and (2) MILITARY SEXUAL TRAUMA.—The term period of fiscal years 2011 through 2014 for pur- (ii) that includes the actions the Secretary ‘‘military sexual trauma’’ shall have the mean- poses of adjudicating a claim. will take to eliminate any request by the De- ing specified by the Secretary for purposes of (D) The number of specialty medical examina- partment for a medical examination in the case tions furnished by the Department during the this section and shall include ‘‘sexual harass- of a claim for benefits under chapter 11 or 15 of ment’’ (as so specified). period of fiscal years 2011 through 2014 for pur- such title in support of which a claimant sub- poses of adjudicating a claim in which one or mits medical evidence or a medical opinion pro- TITLE III—EDUCATION MATTERS more joint examinations were conducted. vided by a private health care provider that is SEC. 301. RETENTION OF ENTITLEMENT TO EDU- (E) A summary with citations to any medical competent, credible, probative, and otherwise CATIONAL ASSISTANCE DURING and scientific studies that provide a basis for de- adequate for purposes of making a decision on CERTAIN ADDITIONAL PERIODS OF termining that three repetitions is adequate to that claim. ACTIVE DUTY. (a) EDUCATIONAL ASSISTANCE ALLOWANCE.— determine the effect of repetitive use on func- SEC. 225. SENSE OF CONGRESS ON SUBMITTAL OF tional impairments. INFORMATION RELATING TO CLAIMS Section 16131(c)(3)(B)(i) of title 10, United States (F) The names of all examination reports, in- FOR DISABILITIES INCURRED OR AG- Code, is amended by striking ‘‘or 12304’’ and in- cluding general medical examinations and Dis- GRAVATED BY MILITARY SEXUAL serting ‘‘12304, 12304a, or 12304b’’. ability Benefits Questionnaires, used for evalua- TRAUMA. (b) EXPIRATION DATE.—Section 16133(b)(4) of tion of compensation and pension disability (a) IN GENERAL.—It is the sense of Congress such title is amended by striking ‘‘or 12304’’ and claims which require measurement of repeated that the Secretary of Veterans Affairs should inserting ‘‘12304, 12304a, or 12304b’’. ranges of motion testing and the number of ex- submit to Congress information on the covered SEC. 302. REPORTS ON PROGRESS OF STUDENTS aminations requiring such measurements which claims submitted to the Secretary during each RECEIVING POST-9/11 EDUCATIONAL were conducted in fiscal year 2014. fiscal year, including the information specified ASSISTANCE. (G) The average amount of time taken by an in subsection (b). (a) IN GENERAL.—Chapter 33 of title 38, individual conducting a medical examination to (b) ELEMENTS.—The information specified in United States Code, is amended— perform the three repetitions of movement of this subsection with respect to each fiscal year (1) in subsection 3325(c)— each joint. is the following: (A) in paragraph (2), by striking ‘‘and’’ after (H) A discussion of whether there are more ef- (1) The number of covered claims submitted to the semicolon; ficient and effective scientifically reliable meth- or considered by the Secretary during such fis- (B) by redesignating paragraph (3) as para- ods of testing for functional loss on repetitive cal year. graph (4); and

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(C) by inserting after paragraph (2) the fol- (b) EFFECTIVE DATE.—The amendment made (B) The roles and responsibilities of each Fed- lowing new paragraph (3): by subsection (a) shall take effect on the date eral department participating in the Transition ‘‘(3) the information received by the Secretary that is one year after the date of the enactment GPS Program and whether the various roles and under section 3326 of this title; and’’; and of this Act. responsibilities of the Federal departments are (2) by adding at the end the following new SEC. 402. REPORT ON JOB FAIRS ATTENDED BY adequately aligned with one another. section: ONE-STOP CAREER CENTER EMPLOY- (C) The allotment of time spent on issues ‘‘§ 3326. Report on student progress EES AT WHICH SUCH EMPLOYEES under the jurisdiction of each Federal depart- ENCOUNTER VETERANS. ‘‘As a condition on approval under chapter 36 ment participating in the Transition GPS Pro- (a) IN GENERAL.—Section 136(d)(1) of the of this title of a course offered by an edu- gram and whether the allotment is adequate to Workforce Investment Act of 1998 (29 U.S.C. cational institution (as defined in section 3452 of provide members of the Armed Forces with all 2871(d)(1)) is amended by adding at the end the this title), each year, each educational institu- the information the members need regarding im- following new sentence: ‘‘The report also shall tion (as so defined) that received a payment in portant benefits that can assist members in include information, for the year preceding the that year on behalf of an individual entitled to transitioning out of military service. year the report is submitted, on the number of educational assistance under this chapter shall (D) Whether any of the information in the job fairs attended by One-Stop Career Center submit to the Secretary such information re- three optional tracks in the Transition GPS Pro- employees at which the employees had contact garding the academic progress of the individual gram Core Curriculum should be addressed more with a veteran, and the number of veterans con- as the Secretary may require.’’. appropriately in mandatory tracks rather than tacted at each such job fair.’’. (b) CLERICAL AMENDMENT.—The table of sec- optional tracks. (b) EFFECTIVE DATE.—The amendment made tions at the beginning of such chapter is amend- (E) The benefits of and obstacles to estab- by subsection (a) shall take effect on the date ed by adding at the end the following new item: lishing— that is one year after the date of the enactment ‘‘3326. Report on student progress.’’. of this Act. (i) a standard implementation plan of long- (c) EFFECTIVE DATE.—The amendments made term outcome measures for the Transition GPS SEC. 403. REVIEW OF CHALLENGES FACED BY EM- Program; and by this section shall take effect on the date that PLOYERS SEEKING TO HIRE VET- is one year after the date of the enactment of ERANS AND SHARING OF INFORMA- (ii) a comprehensive system of metrics for such this Act. TION AMONG FEDERAL AGENCIES measures. SEC. 303. SECRETARY OF DEFENSE REPORT ON THAT SERVE VETERANS. (b) REPORT.— LEVEL OF EDUCATION ATTAINED BY (a) REVIEW.— (1) IN GENERAL.—Not later than 120 days after THOSE WHO TRANSFER ENTITLE- (1) IN GENERAL.—The Secretary of Labor, in the date of the enactment of this Act, the Sec- MENT TO POST-9/11 EDUCATIONAL consultation with the Secretary of Defense and retary of Defense, in consultation with the Sec- ASSISTANCE. the Secretary of Veterans Affairs, shall conduct retary of Veterans Affairs and the Secretary of (a) IN GENERAL.—Section 3325(b)(1) of title 38, a review of— Labor, shall submit to the appropriate commit- United States Code, is amended— (A) the challenges faced by employers seeking tees of Congress a report on the review con- (1) in subparagraph (B), by striking ‘‘and’’ to hire veterans; and ducted under subsection (a). after the semicolon; and (B) information sharing among Federal de- (2) by adding at the end the following new (2) CONTENTS.—The report required by para- partments and agencies that serve veterans and graph (1) shall include the following: subparagraph: members of the Armed Forces who are sepa- (A) Recommendations for improving the De- ‘‘(D) indicating the highest level of education rating from service. partment of Defense Transition GPS Program attained by each individual who transfers a (2) MATTERS REVIEWED.—In conducting the Core Curriculum in order to more accurately ad- portion of the individual’s entitlement to edu- review required by paragraph (1), the Secretary dress the needs of members of the Armed Forces cational assistance under section 3319 of this of Labor shall examine the following: title; and’’. (A) The barriers employers face in gaining in- transitioning out of military service. (b) EFFECTIVE DATE.—The amendments made formation identifying veterans who are seeking (B) Recommendations for improving the roles by subsection (a) shall take effect on the date jobs. and responsibilities described in subsection that is one year after the date of the enactment (B) The extent and quality of information (a)(2)(B). of this Act. sharing among Federal departments and agen- (C) Recommendations for improving the allot- SEC. 304. REPORTS ON EDUCATIONAL LEVELS AT- cies that serve veterans and members of the ment of time described in subsection (a)(2)(C). TAINED BY CERTAIN MEMBERS OF Armed Forces who are separating from service, (D) Such recommendations as the Secretary of THE ARMED FORCES AT TIME OF including how the departments and agencies Defense may have regarding the optional and SEPARATION FROM THE ARMED may more easily connect employers with such mandatory tracks in the Transition GPS Pro- FORCES. veterans and members. gram Core Curriculum. (a) ANNUAL REPORTS REQUIRED.—Each Sec- (b) REPORT.— (E) Such recommendations as the Secretary of retary concerned shall submit to Congress each (1) IN GENERAL.—Not later than 120 days after Defense may have with respect to the outcome year a report on the educational levels attained the effective date specified in subsection (c), the measures and metrics described in subsection by members of the Armed Forces described in Secretary of Labor shall submit to the appro- (a)(2)(E). subsection (b) under the jurisdiction of such priate committees of Congress a report on the re- (F) Identification of such other areas of con- Secretary who separated from the Armed Forces view conducted under subsection (a). cern as the Secretary of Defense may have with during the preceding year. (2) CONTENTS.—The report required by para- respect to the Transition GPS Program and such (b) COVERED MEMBERS.—The members of the graph (1) shall include the following: recommendations for legislative or administra- Armed Forces described in this subsection are (A) Recommendations for addressing the bar- tive action as the Secretary may have to address members of the Armed Forces who transferred riers described in subsection (a)(2)(A). such concerns. unused education benefits to family members (B) Recommendations for improving informa- (3) APPROPRIATE COMMITTEES OF CONGRESS pursuant to section 3319 of title 38, United tion sharing described in subsection (a)(2)(B). DEFINED.—In this subsection, the term ‘‘appro- States Code, while serving as members of the (3) APPROPRIATE COMMITTEES OF CONGRESS priate committees of Congress’’ means— Armed Forces. DEFINED.—In this subsection, the term ‘‘appro- (A) the Committee on Armed Services and the (c) SECRETARY CONCERNED DEFINED.—In this priate committees of Congress’’ means— Committee on Veterans’ Affairs of the Senate; section, the term ‘‘Secretary concerned’’ has the (A) the Committee on Armed Services and the and meaning given that term in section 101 of title Committee on Veterans’ Affairs of the Senate; (B) the Committee on Armed Services and the 38, United States Code. and (d) EFFECTIVE DATE.—This section shall take (B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of effect on the date that is one year after the date Committee on Veterans’ Affairs of the House of Representatives. of the enactment of this Act. Representatives. SEC. 405. MODIFICATION OF REQUIREMENT FOR TITLE IV—EMPLOYMENT AND TRANSITION (c) EFFECTIVE DATE.—This section shall take PROVISION OF PRESEPARATION COUNSELING. MATTERS effect on the date that is one year after the date (a) CLARIFICATION OF REQUIREMENT FOR 180 SEC. 401. REQUIRED COORDINATION BETWEEN of the enactment of this Act. CONTINUOUS DAYS OF ACTIVE DUTY SERVICE.— DIRECTORS FOR VETERANS’ EM- SEC. 404. REVIEW OF TRANSITION GPS PROGRAM PLOYMENT AND TRAINING WITH CORE CURRICULUM. Subparagraph (A) of section 1142(a)(4) of title STATE DEPARTMENTS OF LABOR (a) REVIEW.— 10, United States Code, is amended by inserting AND VETERANS AFFAIRS. (1) IN GENERAL.—The Secretary of Defense, in ‘‘continuous’’ before ‘‘180 days’’. (a) IN GENERAL.—Section 4103 of title 38, consultation with the Secretary of Veterans Af- (b) EXCLUSION OF TRAINING FROM PERIODS OF United States Code, is amended by adding at the fairs and the Secretary of Labor, shall conduct ACTIVE DUTY.—Such section is further amended end the following new subsection: a review of the Department of Defense Transi- by adding at the end the following new sub- ‘‘(c) COORDINATION WITH STATE DEPARTMENTS tion GPS Program Core Curriculum in effect on paragraph: OF LABOR AND VETERANS AFFAIRS.—Each Direc- the date of the enactment of this Act. ‘‘(C) For purposes of subparagraph (A), the tor for Veterans’ Employment and Training for (2) MATTERS REVIEWED.—The review shall ex- term ‘active duty’ does not include full-time a State shall coordinate the Director’s activities amine the following: training duty, annual training duty, and at- under this chapter with the State department of (A) The Department of Defense Transition tendance, while in the active military service, at labor and the State department of veterans af- GPS Program Core Curriculum in effect on the a school designated as a service school by law or fairs.’’. date of the enactment of this Act. by the Secretary concerned.’’.

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00077 Fmt 0637 Sfmt 6333 E:\CR\FM\A10NO6.046 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7946 CONGRESSIONAL RECORD — SENATE November 10, 2015 TITLE V—VETERAN SMALL BUSINESS shall take effect on the date of the enactment of (2) whether the current classification by the MATTERS this Act and shall apply with respect to the Civilian/Military Service Review Board of the SEC. 501. MODIFICATION OF TREATMENT UNDER deaths of members of the Armed Forces occur- Department of Defense of service by individuals CONTRACTING GOALS AND PREF- ring on or after such date. of Hmong ethnicity is appropriate; and ERENCES OF DEPARTMENT OF VET- TITLE VI—BURIAL MATTERS (3) such recommendations as the Secretary of ERANS AFFAIRS FOR SMALL BUSI- Veterans Affairs may have for legislative action. SEC. 601. DEPARTMENT OF VETERANS AFFAIRS NESSES OWNED BY VETERANS OF (b) APPROPRIATE COMMITTEES OF CONGRESS.— STUDY ON MATTERS RELATING TO SMALL BUSINESSES AFTER DEATH In this section, the term ‘‘appropriate commit- OF DISABLED VETERAN OWNERS. BURIAL OF UNCLAIMED REMAINS OF VETERANS IN NATIONAL CEME- tees of Congress’’ means— (a) IN GENERAL.—Section 8127(h) of title 38, TERIES. (1) the Committee on Armed Services and the United States Code, is amended— (a) STUDY AND REPORT REQUIRED.—Not later Committee on Veterans’ Affairs of the Senate; (1) in paragraph (3), by striking ‘‘rated as’’ than one year after the effective date specified and and all that follows through ‘‘disability.’’ and in subsection (d), the Secretary of Veterans Af- (2) the Committee on Armed Services and the inserting a period; and fairs shall— Committee on Veterans’ Affairs of the House of (2) in paragraph (2), by amending subpara- (1) complete a study on matters relating to the Representatives. graph (C) to read as follows: interring of unclaimed remains of veterans in (c) EFFECTIVE DATE.—This section shall take ‘‘(C) The date that— national cemeteries under the control of the Na- effect on the date that is one year after the date ‘‘(i) in the case of a surviving spouse of a vet- tional Cemetery Administration; and of the enactment of this Act. eran with a service-connected disability rated as (2) submit to Congress a report on the findings SEC. 703. RESTORATION OF PRIOR REPORTING 100 percent disabling or who dies as a result of of the Secretary with respect to the study re- FEE MULTIPLIERS. a service-connected disability, is 10 years after quired under paragraph (1). During the 10-year period beginning on Sep- the date of the veteran’s death; or (b) MATTERS STUDIED.—The matters studied tember 26, 2015, the second sentence of sub- ‘‘(ii) in the case of a surviving spouse of a vet- under subsection (a)(1) shall include the fol- section (c) of section 3684 of title 38, United eran with a service-connected disability rated as lowing: States Code, shall be applied— less than 100 percent disabling who does not die (1) Determining the scope of issues relating to (1) by substituting ‘‘$7’’ for ‘‘$12’’; and as a result of a service-connected disability, is unclaimed remains of veterans, including an es- (2) by substituting ‘‘$11’’ for ‘‘$15’’. three years after the date of the veteran’s timate of the number of unclaimed remains of Ms. MURKOWSKI. Mr. President, I death.’’. veterans. ask unanimous consent that the Isak- (b) EFFECTIVE DATE.—The amendments made (2) Assessing the effectiveness of the proce- son amendment be agreed to; the com- by subsection (a) shall take effect on the date dures of the Department of Veterans Affairs for mittee-reported substitute, as amend- that is 180 days after the date of the enactment working with persons or entities having custody ed, be agreed to; the bill, as amended, of this Act and shall apply with respect to ap- of unclaimed remains to facilitate interment of plications received pursuant to section 8127(f)(2) unclaimed remains of veterans in national ceme- be read a third time and passed; the of title 38, United States Code, that are verified teries under the control of the National Ceme- title amendment be agreed to, and the on or after such date. tery Administration. motions to reconsider be considered SEC. 502. TREATMENT OF BUSINESSES AFTER (3) Assessing State and local laws that affect made and laid upon the table. DEATHS OF SERVICEMEMBER-OWN- the ability of the Secretary to inter unclaimed The PRESIDING OFFICER. Without ERS FOR PURPOSES OF DEPART- remains of veterans in national cemeteries under objection, it is so ordered. MENT OF VETERANS AFFAIRS CON- the control of the National Cemetery Adminis- TRACTING GOALS AND PREF- The amendment (No. 2806) was agreed tration. to, as follows: ERENCES. (4) Developing recommendations for such leg- (a) IN GENERAL.—Section 8127 of title 38, islative or administrative action as the Secretary (Purpose: To improve the bill) United States Code, is amended— considers appropriate. Beginning on page 29, strike line 1 and all (1) by redesignating subsections (i) through (l) (c) METHODOLOGY.— that follows through page 32, line 20, and in- as subsections (j) through (m), respectively; and (1) NUMBER OF UNCLAIMED REMAINS.—In esti- sert the following: (2) by inserting after subsection (h) the fol- mating the number of unclaimed remains of vet- SEC. 112. REPORTS ON PUBLIC ACCESS TO DE- lowing new subsection (i): erans under subsection (b)(1), the Secretary may PARTMENT OF VETERANS AFFAIRS ‘‘(i) TREATMENT OF BUSINESSES AFTER DEATH review such subset of applicable entities as the RESEARCH. OF SERVICEMEMBER-OWNER.—(1) If a member of Secretary considers appropriate, including a (a) IN GENERAL.—Not later than 180 days the Armed Forces owns at least 51 percent of a subset of funeral homes and coroner offices that after the date of the enactment of this Act small business concern and such member is possess unclaimed veterans remains. and not later than one year after the date of killed in line of duty in the active military, (2) ASSESSMENT OF STATE AND LOCAL LAWS.— the enactment of this Act, the Secretary of naval, or air service, the surviving spouse or de- In assessing State and local laws under sub- Veterans Affairs shall submit to the Com- pendent child of such member who acquires section (b)(3), the Secretary may assess such mittee on Veterans’ Affairs of the Senate such ownership rights in such small business sample of applicable State and local laws as the and the Committee on Veterans’ Affairs of concern shall, for the period described in para- Secretary considers appropriate in lieu of re- the House of Representatives a report on in- graph (2), be treated as if the surviving spouse viewing all applicable State and local laws. creasing public access to scientific publica- or dependent child were a veteran with a serv- (d) EFFECTIVE DATE.—This section shall take tions and digital data from research funded ice-connected disability for purposes of deter- effect on the date that is one year after the date by the Department of Veterans Affairs. mining the status of the small business concern of the enactment of this Act. (b) CONTENTS.—The report submitted under as a small business concern owned and con- TITLE VII—OTHER MATTERS subsection (a) shall include the following: trolled by veterans for purposes of contracting (1) Identification of where on the Internet goals and preferences under this section. SEC. 701. HONORING AS VETERANS CERTAIN PER- website of the Department the public will be SONS WHO PERFORMED SERVICE IN ‘‘(2) The period referred to in paragraph (1) is THE RESERVE COMPONENTS OF THE able to access results of research funded by the period beginning on the date on which the ARMED FORCES. the Department or be referred to other member of the Armed Forces dies and ending on Any person who is entitled under chapter 1223 sources to access the results of research the date as follows: of title 10, United States Code, to retired pay for funded by the Department. ‘‘(A) In the case of a surviving spouse, the nonregular service or, but for age, would be en- (2) A description of the progress made by earliest of the following dates: titled under such chapter to retired pay for non- the Department in meeting public access re- ‘‘(i) The date on which the surviving spouse regular service shall be honored as a veteran but quirements set forth in the Federal Register remarries. shall not be entitled to any benefit by reason of notice entitled ‘‘Policy and Implementation ‘‘(ii) The date on which the surviving spouse this honor. Plan for Public Access to Scientific Publica- relinquishes an ownership interest in the small SEC. 702. REPORT ON LAOTIAN MILITARY SUP- tions and Digital Data from Research Fund- business concern and no longer owns at least 51 PORT OF ARMED FORCES OF THE ed by the Department of Veterans Affairs’’ percent of such small business concern. UNITED STATES DURING VIETNAM (80 Fed. Reg. 60751), including the following: ‘‘(iii) The date that is ten years after the date WAR. (A) Compliance of Department investiga- of the member’s death. (a) IN GENERAL.—Not later than one year tors with requirements relating to ensuring ‘‘(B) In the case of a dependent child, the ear- after the effective date specified in subsection that research funded by the Department is liest of the following dates: (c), the Secretary of Veterans Affairs, in con- accessible by the public. ‘‘(i) The date on which the surviving depend- sultation with the Secretary of Defense and (B) Ensuring data management plans of ent child relinquishes an ownership interest in such agencies and individuals as the Secretary the Department include provisions for long- the small business concern and no longer owns of Veterans Affairs considers appropriate, shall term preservation of the scientific data re- at least 51 percent of such small business con- submit to the appropriate committees of Con- sulting from research funded by the Depart- cern. gress a report on— ment. ‘‘(ii) The date that is ten years after the date (1) the extent to which Laotian military forces (3) An explanation of the factors used to of the member’s death.’’. provided combat support to the Armed Forces of evaluate the merit of data management (b) EFFECTIVE DATE.—Subsection (i) of section the United States between February 28, 1961, plans of research funded by the Veterans 8127 of such title, as added by subsection (a), and May 15, 1975; Health Administration.

VerDate Sep 11 2014 06:41 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.046 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7947 (4) An explanation of the process of the De- Sec. 122. Expansion of qualifications for li- TITLE IV—EMPLOYMENT AND partment in effect that enables stakeholders censed mental health coun- TRANSITION MATTERS to petition a change to the embargo period selors of the Department of Sec. 401. Required coordination between Di- for a specific field and the factors considered Veterans Affairs to include doc- rectors for Veterans’ Employ- during such process. toral degrees. ment and Training with State On page 33, line 6, strike ‘‘45’’ and insert Sec. 123. Report on medical workforce of the departments of labor and vet- ‘‘72’’. Department of Veterans Af- erans affairs. On page 43, strike lines 7 through 11 and in- fairs. Sec. 402. Report on job fairs attended by sert the following: one-stop career center employ- (a) IN GENERAL.—In carrying out the edu- TITLE II—COMPENSATION AND OTHER cation and training program required under BENEFITS MATTERS ees at which such employees encounter veterans. section 7302(a)(1) of title 38, United States Subtitle A—Benefits Claims Submission Code, the Secretary of Veterans Affairs shall Sec. 403. Review of challenges faced by em- include education and training of marriage Sec. 201. Participation of veterans service ployers seeking to hire veterans and family therapists and licensed profes- organizations in Transition As- and sharing of information sional mental health counselors. sistance Program. among Federal agencies that (b) EFFECTIVE DATE.—Subsection (a) shall Sec. 202. Requirement that Secretary of Vet- serve veterans. take effect on the date that is one year after erans Affairs publish the aver- Sec. 404. Review of Transition GPS Program the date of the enactment of this Act. age time required to adjudicate Core Curriculum. Beginning on page 43, strike line 19 and all timely and untimely appeals. Sec. 405. Modification of requirement for that follows through page 44, line 9. Sec. 203. Determination of manner of ap- provision of preseparation Beginning on page 65, strike line 3 and all pearance for hearings before counseling. that follows through page 70, line 8. Board of Veterans’ Appeals. TITLE V—VETERAN SMALL BUSINESS Beginning on page 91, strike line 22 and all MATTERS that follows through page 92, line 1, and in- Subtitle B—Practices of Regional Offices sert the following: Relating to Benefits Claims Sec. 501. Modification of treatment under (a) IN GENERAL.—During the 10-year period contracting goals and pref- Sec. 211. Comptroller General review of beginning on September 26, 2015, the second erences of Department of Vet- claims processing performance sentence of subsection (c) of section 3684 of erans Affairs for small busi- title 38, United States Code, shall be ap- of regional offices of Veterans nesses owned by veterans of plied— Benefits Administration. small businesses after death of (1) by substituting ‘‘$8’’ for ‘‘$12’’; and Sec. 212. Inclusion in annual budget submis- disabled veteran owners. (2) by substituting ‘‘$12’’ for ‘‘$15’’. sion of information on capacity Sec. 502. Treatment of businesses after (b) CONFORMING AMENDMENT.—Section 406 of Veterans Benefits Adminis- deaths of servicemember-own- of the Department of Veterans Affairs Expir- tration to process benefits ers for purposes of Department ing Authorities Act of 2014 (Public Law 113– claims. of Veterans Affairs contracting 175; 38 U.S.C. 3684 note), as amended by sec- Sec. 213. Report on staffing levels at re- goals and preferences. tion 410 of the Department of Veterans Af- gional offices of Department of TITLE VI—BURIAL MATTERS fairs Expiring Authorities Act of 2015 (Public Veterans Affairs after transi- Sec. 601. Department of Veterans Affairs Law 114–58), is hereby repealed. tion to National Work Queue. study on matters relating to The committee-reported amendment Sec. 214. Annual report on progress in imple- burial of unclaimed remains of in the nature of a substitute, as amend- menting Veterans Benefits veterans in national ceme- ed, was agreed to. Management System. teries. Sec. 215. Report on plans of Secretary of The bill (S. 1203), as amended, was or- TITLE VII—OTHER MATTERS dered to be engrossed for a third read- Veterans Affairs to reduce in- ventory of non-rating work- Sec. 701. Honoring as veterans certain per- ing, was read the third time, and sons who performed service in passed, as follows: load. Sec. 216. Sense of Congress on increased the reserve components of the S. 1203 transparency relating to claims Armed Forces. Be it enacted by the Senate and House of Rep- for benefits and appeals of deci- Sec. 702. Report on Laotian military support resentatives of the United States of America in sions relating to benefits in of Armed Forces of the United Congress assembled, Monday Morning Workload Re- States during Vietnam War. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. port. Sec. 703. Restoration of prior reporting fee (a) SHORT TITLE.—This Act may be cited as multipliers. Subtitle C—Other Benefits Matters the ‘‘21st Century Veterans Benefits Delivery TITLE I—HEALTH CARE MATTERS and Other Improvements Act’’. Sec. 221. Modification of pilot program for Subtitle A—Expansion and Improvement of (b) TABLE OF CONTENTS.—The table of con- use of contract physicians for Health Care Benefits tents for this Act is as follows: disability examinations. Sec. 1. Short title; table of contents. SEC. 101. IMPROVED ACCESS TO APPROPRIATE Sec. 222. Development of procedures to in- IMMUNIZATIONS FOR VETERANS. TITLE I—HEALTH CARE MATTERS crease cooperation with Na- (a) INCLUSION OF RECOMMENDED ADULT IM- tional Guard Bureau. Subtitle A—Expansion and Improvement of MUNIZATIONS AS MEDICAL SERVICES.— Health Care Benefits Sec. 223. Review of determination of certain (1) COVERED BENEFIT.—Subparagraph (F) of Sec. 101. Improved access to appropriate im- service in Philippines during section 1701(9) of title 38, United States Code, munizations for veterans. World War II. is amended to read as follows: Sec. 102. Expansion of provision of chiro- Sec. 224. Sense of Congress on submittal of ‘‘(F) immunizations against infectious dis- practic care and services to vet- information relating to claims eases, including each immunization on the erans. for disabilities incurred or ag- recommended adult immunization schedule Subtitle B—Health Care Administration gravated by military sexual at the time such immunization is indicated Sec. 111. Expansion of availability of pros- trauma. on that schedule;’’. thetic and orthotic care for vet- TITLE III—EDUCATION MATTERS (2) RECOMMENDED ADULT IMMUNIZATION erans. SCHEDULE DEFINED.—Section 1701 of such Sec. 112. Reports on public access to Depart- Sec. 301. Retention of entitlement to edu- title is amended by adding after paragraph ment of Veterans Affairs re- cational assistance during cer- (9) the following new paragraph: search. tain additional periods of active ‘‘(10) The term ‘recommended adult immu- Sec. 113. Revival of Intermediate Care Tech- duty. nization schedule’ means the schedule estab- nician Pilot Program of Depart- Sec. 302. Reports on progress of students re- lished (and periodically reviewed and, as ap- ment of Veterans Affairs. ceiving Post-9/11 Educational propriate, revised) by the Advisory Com- Sec. 114. Transfer of health care provider Assistance. mittee on Immunization Practices estab- credentialing data from Sec- Sec. 303. Secretary of Defense report on lished by the Secretary of Health and Human retary of Defense to Secretary level of education attained by Services and delegated to the Centers for of Veterans Affairs. those who transfer entitlement Disease Control and Prevention.’’. Subtitle C—Improvement of Medical to Post-9/11 educational assist- (b) INCLUSION OF RECOMMENDED ADULT IM- Workforce ance. MUNIZATIONS IN ANNUAL REPORT.—Section Sec. 121. Inclusion of mental health profes- Sec. 304. Reports on educational levels at- 1704(1)(A) of such title is amended— sionals in education and train- tained by certain members of (1) in clause (i), by striking ‘‘and’’ at the ing program for health per- the Armed Forces at time of end; sonnel of the Department of separation from the Armed (2) in clause (ii), by striking the period at Veterans Affairs. Forces. the end and inserting ‘‘; and’’; and

VerDate Sep 11 2014 06:41 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.045 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7948 CONGRESSIONAL RECORD — SENATE November 10, 2015 (3) by inserting after clause (ii) the fol- the Secretary shall submit to the Committee may be assigned to a medical facility of the lowing new clause: on Veterans’ Affairs of the Senate and the Department as determined by the Secretary ‘‘(iii) to provide veterans each immuniza- Committee on Veterans’ Affairs of the House for purposes of this section. tion on the recommended adult immuniza- of Representatives a report setting forth a (B) PRIORITY.—In assigning intermediate tion schedule at the time such immunization plan for carrying out subsection (a). The Sec- care technicians under subparagraph (A), the is indicated on that schedule.’’. retary shall develop the plan in consultation Secretary shall give priority to facilities at (c) REPORT TO CONGRESS.— with veterans service organizations, institu- which veterans have the longest wait times (1) IN GENERAL.—Not later than two years tions of higher education with accredited de- for appointments for the receipt of hospital after the date of the enactment of this Act, gree programs in prosthetics and orthotics, care or medical services from the Depart- the Secretary of Veterans Affairs shall sub- and representatives of the prosthetics and ment, as determined by the Secretary for mit to the Committee on Veterans’ Affairs of orthotics field. purposes of this section. the Senate and the Committee on Veterans’ (c) FUNDING.— (c) TERMINATION.—The Secretary shall Affairs of the House of Representatives a re- (1) AUTHORIZATION OF APPROPRIATIONS.— carry out the pilot program under subsection port on the development and implementa- There is hereby authorized to be appro- (a) during the three-year period beginning on tion by the Department of Veterans Affairs priated for fiscal year 2017 for the Depart- the effective date specified in subsection (e). of quality measures and metrics, including ment of Veterans Affairs, $5,000,000 to carry (d) HOSPITAL CARE AND MEDICAL SERVICES targets for compliance, to ensure that vet- out this section. DEFINED.—In this section, the terms ‘‘hos- erans receiving medical services under chap- (2) AVAILABILITY.—The amount authorized pital care’’ and ‘‘medical services’’ have the ter 17 of title 38, United States Code, receive to be appropriated by paragraph (1) shall re- meanings given such terms in section 1701 of each immunization on the recommended main available for expenditure until Sep- title 38, United States Code. adult immunization schedule at the time tember 30, 2019. (e) EFFECTIVE DATE.—This section shall (d) EFFECTIVE DATE.—This section shall such immunization is indicated on that take effect on the date that is one year after take effect on the date that is one year after schedule. the date of the enactment of this Act. the date of the enactment of this Act. (2) RECOMMENDED ADULT IMMUNIZATION SEC. 114. TRANSFER OF HEALTH CARE PROVIDER SEC. 112. REPORTS ON PUBLIC ACCESS TO DE- CREDENTIALING DATA FROM SEC- SCHEDULE DEFINED.—In this subsection, the PARTMENT OF VETERANS AFFAIRS RETARY OF DEFENSE TO SEC- term ‘‘recommended adult immunization RESEARCH. RETARY OF VETERANS AFFAIRS. schedule’’ has the meaning given that term (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—In a case in which the in section 1701(10) of title 38, United States after the date of the enactment of this Act Secretary of Veterans Affairs hires a covered Code, as added by subsection (a)(2). and not later than one year after the date of health care provider, the Secretary of De- SEC. 102. EXPANSION OF PROVISION OF CHIRO- the enactment of this Act, the Secretary of fense shall, after receiving a request from PRACTIC CARE AND SERVICES TO Veterans Affairs shall submit to the Com- the Secretary of Veterans Affairs for the VETERANS. mittee on Veterans’ Affairs of the Senate credentialing data of the Secretary of De- (a) PROGRAM FOR PROVISION OF CHIRO- and the Committee on Veterans’ Affairs of fense relating to such health care provider, PRACTIC CARE AND SERVICES TO VETERANS.— the House of Representatives a report on in- transfer to the Secretary of Veterans Affairs Section 204(c) of the Department of Veterans creasing public access to scientific publica- such credentialing data. Affairs Health Care Programs Enhancement tions and digital data from research funded (b) COVERED HEALTH CARE PROVIDERS.—For Act of 2001 (Public Law 107–135; 115 Stat. 2459; by the Department of Veterans Affairs. purposes of this section, a covered provider 38 U.S.C. 1710 note) is amended— (b) CONTENTS.—The report submitted under is a health care provider who— (1) by inserting ‘‘(1)’’ before ‘‘The pro- subsection (a) shall include the following: (1) is or was employed by the Secretary of gram’’; and (1) Identification of where on the Internet Defense; (2) by adding at the end the following new website of the Department the public will be (2) provides or provided health care related paragraph: able to access results of research funded by services as part of such employment; and ‘‘(2) The program shall be carried out at the Department or be referred to other (3) was credentialed by the Secretary of not fewer than two medical centers or clinics sources to access the results of research Defense. in each Veterans Integrated Service Network funded by the Department. (c) POLICIES AND REGULATIONS.—The Sec- by not later than two years after the date of (2) A description of the progress made by retary of Veterans Affairs and the Secretary the enactment of the 21st Century Veterans the Department in meeting public access re- of Defense shall establish such policies and Benefits Delivery and Other Improvements quirements set forth in the Federal Register promulgate such regulations as may be nec- Act, and at not fewer than 50 percent of all notice entitled ‘‘Policy and Implementation essary to carry out this section. medical centers in each Veterans Integrated Plan for Public Access to Scientific Publica- (d) CREDENTIALING DEFINED.—In this sec- Service Network by not later than three tions and Digital Data from Research Fund- tion, the term ‘‘credentialing’’ means the years after such date of enactment.’’. ed by the Department of Veterans Affairs’’ systematic process of screening and evalu- (b) EXPANDED CHIROPRACTOR SERVICES (80 Fed. Reg. 60751), including the following: ating qualifications and other credentials, AVAILABLE TO VETERANS.— (A) Compliance of Department investiga- including licensure, required education, rel- (1) MEDICAL SERVICES.—Paragraph (6) of tors with requirements relating to ensuring evant training and experience, and current section 1701 of title 38, United States Code, is that research funded by the Department is competence and health status. amended by adding at the end the following accessible by the public. (e) EFFECTIVE DATE.—This section shall new subparagraph: (B) Ensuring data management plans of take effect on the date that is one year after ‘‘(H) Chiropractic services.’’. the Department include provisions for long- the date of the enactment of this Act. (2) REHABILITATIVE SERVICES.—Paragraph term preservation of the scientific data re- SEC. 115. EXAMINATION AND TREATMENT BY DE- (8) of such section is amended by inserting sulting from research funded by the Depart- PARTMENT OF VETERANS AFFAIRS ‘‘chiropractic,’’ after ‘‘counseling,’’. ment. FOR EMERGENCY MEDICAL CONDI- (3) PREVENTIVE HEALTH SERVICES.—Para- TIONS AND WOMEN IN LABOR. (3) An explanation of the factors used to graph (9) of such section is amended— (a) IN GENERAL.—Subchapter VIII of chap- evaluate the merit of data management (A) by redesignating subparagraphs (F) ter 17 of title 38, United States Code, is plans of research funded by the Veterans through (K) as subparagraphs (G) through amended by inserting after section 1784 the Health Administration. (L), respectively; and following new section: (4) An explanation of the process of the De- (B) by inserting after subparagraph (E) the partment in effect that enables stakeholders ‘‘§ 1784A. Examination and treatment for following new subparagraph (F): to petition a change to the embargo period emergency medical conditions and women ‘‘(F) periodic and preventive chiropractic for a specific field and the factors considered in labor examinations and services;’’. during such process. ‘‘(a) IN GENERAL.—In the case of a hospital Subtitle B—Health Care Administration SEC. 113. REVIVAL OF INTERMEDIATE CARE of the Department that has an emergency SEC. 111. EXPANSION OF AVAILABILITY OF PROS- TECHNICIAN PILOT PROGRAM OF department, if any individual comes to the THETIC AND ORTHOTIC CARE FOR DEPARTMENT OF VETERANS AF- hospital or the campus of the hospital and a VETERANS. FAIRS. request is made on behalf of the individual (a) ESTABLISHMENT OR EXPANSION OF AD- (a) REVIVAL.—The Secretary of Veterans for examination or treatment for a medical VANCED DEGREE PROGRAMS TO EXPAND Affairs shall revive the Intermediate Care condition, the hospital must provide for an AVAILABILITY OF PROVISION OF CARE.—The Technician Pilot Program of the Department appropriate medical screening examination Secretary of Veterans Affairs shall work of Veterans Affairs that was carried out by within the capability of the emergency de- with institutions of higher education to de- the Secretary between January 2013 and Feb- partment, including ancillary services rou- velop partnerships for the establishment or ruary 2014. tinely available to the emergency depart- expansion of programs of advanced degrees (b) TECHNICIANS.— ment, to determine whether or not an emer- in prosthetics and orthotics in order to im- (1) SELECTION.—The Secretary shall select gency medical condition exists. prove and enhance the availability of high not less than 72 intermediate care techni- ‘‘(b) NECESSARY STABILIZING TREATMENT quality prosthetic and orthotic care for vet- cians to participate in the pilot program. FOR EMERGENCY MEDICAL CONDITIONS AND erans. (2) FACILITIES.— LABOR.—(1) If any individual comes to a hos- (b) REPORT.—Not later than one year after (A) IN GENERAL.—Any intermediate care pital of the Department that has an emer- the effective date specified in subsection (d), technician hired pursuant to paragraph (1) gency department or the campus of such a

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.053 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7949 hospital and the hospital determines that ‘‘(i) has available space and qualified per- the Department at the direction of any per- the individual has an emergency medical sonnel for the treatment of the individual; son employed by (or affiliated or associated, condition, the hospital must provide either— and directly or indirectly, with) the hospital, but ‘‘(A) within the staff and facilities avail- ‘‘(ii) has agreed to accept transfer of the does not include such a movement of an indi- able at the hospital, for such further medical individual and to provide appropriate med- vidual who— examination and such treatment as may be ical treatment; ‘‘(A) has been declared dead; or required to stabilize the medical condition; ‘‘(C) in which the transferring hospital ‘‘(B) leaves the facility without the permis- or sends to the receiving facility all medical sion of any such person.’’. ‘‘(B) for transfer of the individual to an- records (or copies thereof) available at the (b) CLERICAL AMENDMENT.—The table of other medical facility in accordance with time of the transfer relating to the emer- sections at the beginning of chapter 17 of subsection (c). gency medical condition for which the indi- such title is amended by inserting after the ‘‘(2) A hospital is deemed to meet the re- vidual has presented, including— item relating to section 1784 the following quirement of paragraph (1)(A) with respect ‘‘(i) observations of signs or symptoms; new item: to an individual if the hospital offers the in- ‘‘(ii) preliminary diagnosis; ‘‘Sec. 1784A. Examination and treatment for dividual the further medical examination ‘‘(iii) treatment provided; emergency medical conditions and treatment described in that paragraph ‘‘(iv) the results of any tests; and and women in labor.’’. and informs the individual (or a person act- ‘‘(v) the informed written consent or cer- Subtitle C—Improvement of Medical ing on behalf of the individual) of the risks tification (or copy thereof) provided under Workforce and benefits to the individual of such exam- paragraph (1)(A); ination and treatment, but the individual (or ‘‘(D) in which the transfer is effected SEC. 121. INCLUSION OF MENTAL HEALTH PRO- a person acting on behalf of the individual) through qualified personnel and transpor- FESSIONALS IN EDUCATION AND TRAINING PROGRAM FOR HEALTH refuses to consent to the examination and tation equipment, including the use of nec- PERSONNEL OF THE DEPARTMENT treatment. The hospital shall take all rea- essary and medically appropriate life sup- OF VETERANS AFFAIRS. sonable steps to secure the written informed port measures during the transfer; and (a) IN GENERAL.—In carrying out the edu- consent of the individual (or person) to ‘‘(E) that meets such other requirements cation and training program required under refuse such examination and treatment. as the Secretary considers necessary in the section 7302(a)(1) of title 38, United States ‘‘(3) A hospital is deemed to meet the re- interest of the health and safety of individ- Code, the Secretary of Veterans Affairs shall quirement of paragraph (1) with respect to uals transferred. include education and training of marriage an individual if the hospital offers to trans- ‘‘(d) DEFINITIONS.—In this section: and family therapists and licensed profes- fer the individual to another medical facility ‘‘(1) The term ‘campus’ means, with re- sional mental health counselors. in accordance with subsection (c) and in- spect to a hospital of the Department— (b) EFFECTIVE DATE.—Subsection (a) shall forms the individual (or a person acting on ‘‘(A) the physical area immediately adja- take effect on the date that is one year after behalf of the individual) of the risks and ben- cent to the main buildings of the hospital; the date of the enactment of this Act. efits to the individual of such transfer, but ‘‘(B) other areas and structures that are SEC. 122. EXPANSION OF QUALIFICATIONS FOR the individual (or a person acting on behalf not strictly contiguous to the main buildings LICENSED MENTAL HEALTH COUN- of the individual) refuses to consent to the but are located not less than 250 yards from SELORS OF THE DEPARTMENT OF transfer. The hospital shall take all reason- the main buildings; and VETERANS AFFAIRS TO INCLUDE able steps to secure the written informed ‘‘(C) any other areas determined by the DOCTORAL DEGREES. consent of the individual (or person) to Secretary to be part of the campus of the Section 7402(b)(11)(A) of title 38, United refuse such transfer. hospital. States Code, is amended by inserting ‘‘or ‘‘(c) RESTRICTING TRANSFERS UNTIL INDI- ‘‘(2) The term ‘emergency medical condi- doctoral degree’’ after ‘‘master’s degree’’. VIDUAL STABILIZED.—(1) If an individual at a tion’ means— SEC. 123. REPORT ON MEDICAL WORKFORCE OF hospital of the Department has an emer- ‘‘(A) a medical condition manifesting itself THE DEPARTMENT OF VETERANS gency medical condition that has not been by acute symptoms of sufficient severity (in- AFFAIRS. stabilized, the hospital may not transfer the cluding severe pain) such that the absence of (a) IN GENERAL.—Not later than 120 days individual unless— immediate medical attention could reason- after the date of the enactment of this Act, ‘‘(A)(i) the individual (or a legally respon- ably be expected to result in— the Secretary of Veterans Affairs shall sub- sible person acting on behalf of the indi- ‘‘(i) placing the health of the individual mit to the Committee on Veterans Affairs of vidual), after being informed of the obliga- (or, with respect to a pregnant woman, the the Senate and the Committee on Veterans tions of the hospital under this section and health of the woman or her unborn child) in Affairs of the House of Representatives a re- of the risk of transfer, requests, in writing, serious jeopardy; port on the medical workforce of the Depart- transfer to another medical facility; ‘‘(ii) serious impairment to bodily func- ment of Veterans Affairs. ‘‘(ii) a physician of the Department has tions; or (b) ELEMENTS.—The report required by sub- signed a certification that, based upon the ‘‘(iii) serious dysfunction of any bodily section (a) shall include the following: information available at the time of trans- organ or part; or (1) With respect to licensed professional fer, the medical benefits reasonably expected ‘‘(B) with respect to a pregnant woman mental health counselors and marriage and from the provision of appropriate medical who is having contractions— family therapists of the Department— treatment at another medical facility out- ‘‘(i) that there is inadequate time to effect (A) how many such counselors and thera- weigh the increased risks to the individual a safe transfer to another hospital before de- pists are currently enrolled in the mental and, in the case of labor, to the unborn child livery; or health professionals trainee program of the from effecting the transfer; or ‘‘(ii) that transfer may pose a threat to the Department; ‘‘(iii) if a physician of the Department is health or safety of the woman or the unborn (B) how many such counselors and thera- not physically present in the emergency de- child. pists are expected to enroll in the mental partment at the time an individual is trans- ‘‘(3)(A) The term ‘to stabilize’ means, with health professionals trainee program of the ferred, a qualified medical person (as defined respect to an emergency medical condition Department during the 180-day period begin- by the Secretary for purposes of this section) described in paragraph (2)(A), to provide such ning on the date of the submittal of the re- has signed a certification described in clause medical treatment of the condition as may port; (ii) after a physician of the Department, in be necessary to assure, within reasonable (C) a description of the eligibility criteria consultation with the person, has made the medical probability, that no material dete- for such counselors and therapists as com- determination described in such clause, and rioration of the condition is likely to result pared to other behavioral health professions subsequently countersigns the certification; from or occur during the transfer of the indi- in the Department; and vidual from a facility, or, with respect to an (D) a description of the objectives, goals, ‘‘(B) the transfer is an appropriate transfer emergency medical condition described in and timing of the Department with respect to that facility. paragraph (2)(B), to deliver (including the to increasing the representation of such ‘‘(2) A certification described in clause (ii) placenta). counselors and therapists in the behavioral or (iii) of paragraph (1)(A) shall include a ‘‘(B) The term ‘stabilized’ means, with re- health workforce of the Department; and summary of the risks and benefits upon spect to an emergency medical condition de- (E) a description of the actions taken by which the certification is based. scribed in paragraph (2)(A), that no material the Secretary, in consultation with the Di- ‘‘(3) For purposes of paragraph (1)(B), an deterioration of the condition is likely, with- rector of the Office of Personnel Manage- appropriate transfer to a medical facility is in reasonable medical probability, to result ment, to create an occupational series for a transfer— from or occur during the transfer of the indi- such counselors and therapists and a ‘‘(A) in which the transferring hospital vidual from a facility, or, with respect to an timeline for the creation of such an occupa- provides the medical treatment within its emergency medical condition described in tional series. capacity that minimizes the risks to the paragraph (2)(B), that the woman has deliv- (2) A breakdown of spending by the Depart- health of the individual and, in the case of a ered (including the placenta). ment in connection with the education debt woman in labor, the health of the unborn ‘‘(4) The term ‘transfer’ means the move- reduction program of the Department under child; ment (including the discharge) of an indi- subchapter VII of chapter 76 of title 38, ‘‘(B) in which the receiving facility— vidual outside the facilities of a hospital of United States Code, including—

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.053 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7950 CONGRESSIONAL RECORD — SENATE November 10, 2015 (A) the amount spent by the Department the Secretary of Homeland Security, and the days after the date of mailing of the notice in debt reduction payments during the three- Secretary of Veterans Affairs, should estab- of the result of the initial review or deter- year period preceding the submittal of the lish a process by which a representative of a mination described in paragraph (1). report disaggregated by the medical profes- veterans service organization may be present (3) UNTIMELY.—The term ‘‘untimely’’ with sion of the individual receiving the pay- at any portion of the program carried out respect to an appeal means the notice of dis- ments; under section 1144 of title 10, United States agreement was filed more than 180 days after (B) a description of how the Department Code, relating to the submittal of claims to the date of mailing of the notice of the result prioritizes such spending by medical profes- the Secretary of Veterans Affairs for com- of the initial review or determination de- sion, including an assessment of whether pensation under chapter 11 or 13 of title 38, scribed in paragraph (1). such priority reflects the five occupations United States Code. SEC. 203. DETERMINATION OF MANNER OF AP- identified in the most recent determination (b) REPORT.— PEARANCE FOR HEARINGS BEFORE by the Inspector General of the Department (1) IN GENERAL.—Not later than 18 months BOARD OF VETERANS’ APPEALS. of Veterans Affairs as having the largest after the date of the enactment of this Act, (a) IN GENERAL.—Section 7107 of title 38, staffing shortages in the Veterans Health the Secretary of Defense shall submit to United States Code, is amended— Administration; and Congress a report on participation of vet- (1) by striking subsection (e); (C) a description of the actions taken by erans service organizations in the program (2) by redesignating subsections (d) and (f) the Secretary to increase the effectiveness of carried out under section 1144 of title 10, as subsections (f) and (g), respectively; such spending for purposes of recruitment of United States Code. (3) by inserting after subsection (c) the fol- health care providers to the Department, in- (2) CONTENTS.—The report required by lowing new subsections (d) and (e): cluding efforts to more consistently include paragraph (1) shall include the following: ‘‘(d)(1) Subject to paragraph (2), a hearing eligibility for the education debt reduction (A) An assessment of the compliance of fa- before the Board shall be conducted, as the program in vacancy announcements of posi- cilities of the Department of Defense with Board considers appropriate— tions for health care providers at the Depart- the directives included in the memorandum ‘‘(A) in person; or ment. of the Secretary of Defense entitled ‘‘Instal- ‘‘(B) through picture and voice trans- (3) A description of any impediments to the lation Access and Support Services for Non- mission, by electronic or other means, in delivery by the Department of telemedicine profit Non-Federal Entities’’ and dated De- such manner that the appellant is not services to veterans and any actions taken cember 23, 2014. present in the same location as the member by the Department to address such impedi- (B) The number of military bases that have or members of the Board during the hearing. ments, including with respect to— complied with such directives. ‘‘(2) Upon request by an appellant, a hear- (A) restrictions under Federal or State (C) How many veterans service organiza- ing before the Board shall be conducted, as laws; tions have been present at a portion of a pro- the appellant considers appropriate— (B) licensing or credentialing issues for gram as described in subsection (a). ‘‘(A) in person; or health care providers, including non-Depart- (c) VETERANS SERVICE ORGANIZATION DE- ‘‘(B) through picture and voice trans- ment health care providers, practicing tele- FINED.—In this section, the term ‘‘veterans mission as described in paragraph (1)(B). medicine with a veteran located in a dif- service organization’’ means any organiza- ‘‘(e)(1) In a case in which a hearing before ferent State; tion recognized by the Secretary for the rep- the Board is to be conducted through picture (C) the effect of limited broadband access resentation of veterans under section 5902 of and voice transmission as described in sub- or limited information technology capabili- title 38. section (d)(1)(B), the Secretary shall provide ties on the delivery of health care; SEC. 202. REQUIREMENT THAT SECRETARY OF suitable facilities and equipment to the (D) the distance a veteran is required to VETERANS AFFAIRS PUBLISH THE Board or other components of the Depart- travel to access a facility or clinic with tele- AVERAGE TIME REQUIRED TO ADJU- ment to enable an appellant located at an medicine capabilities; DICATE TIMELY AND UNTIMELY AP- appropriate facility within the area served PEALS. (E) the effect on the provision of telemedi- by a regional office to participate as so de- (a) PUBLICATION REQUIREMENT.— cine services to veterans of policies of and scribed. (1) IN GENERAL.—On an ongoing basis, the ‘‘(2) Any hearing conducted through pic- limited liability protection for certain enti- Secretary of Veterans Affairs shall make ture and voice transmission as described in ties; and available to the public the following: subsection (d)(1)(B) shall be conducted in the (F) issues relating to reimbursement and (A) The average length of time to adju- same manner as, and shall be considered the travel limitations for veterans that affect dicate a timely appeal. equivalent of, a personal hearing.’’; and the participation of non-Department health (B) The average length of time to adju- (4) in subsection (f)(1), as redesignated by care providers in the telemedicine program. dicate an untimely appeal. paragraph (2), by striking ‘‘An appellant may (4) An update on the efforts of the Sec- (2) EFFECTIVE DATE.—Paragraph (1) shall request’’ and all that follows through ‘‘office retary to offer training opportunities in tele- take effect on the date that is one year after of the Department’’ and inserting ‘‘In a case medicine to medical residents in medical fa- the date of the enactment of this Act and in which a hearing before the Board is to be cilities of the Department that use telemedi- shall apply until the date that is three years conducted in person, the hearing shall be cine, consistent with medical residency pro- after the date of the enactment of this Act. held at the principal location of the Board or gram requirements established by the Ac- (b) REPORT.— at a facility of the Department located with- creditation Council for Graduate Medical (1) IN GENERAL.—Not later than 39 months in the area served by a regional office of the Education, as required in section 108(b) of after the date of the enactment of this Act, Department’’. the Honoring America’s Veterans and Caring the Secretary shall submit to the Committee (b) CONFORMING AMENDMENT.—Subsection for Camp Lejeune Families Act of 2012 (Pub- on Veterans’ Affairs of the Senate and the (a)(1) of such section is amended by striking lic Law 112–154; 38 U.S.C. 7406 note). Committee on Veterans’ Affairs of the House ‘‘in subsection (f)’’ and inserting ‘‘in sub- (5) An assessment of the development and of Representatives a report on whether pub- section (g)’’. implementation by the Secretary of succes- lication pursuant to subsection (a)(1) has had (c) EFFECTIVE DATE.—The amendment sion planning policies to address the preva- an effect on the number of timely appeals made by subsection (a) shall apply with re- lence of vacancies in positions in the Vet- filed. spect to cases received by the Board of Vet- erans Health Administration of more than (2) CONTENTS.—The report required by erans’ Appeals pursuant to notices of dis- 180 days, including the development of an en- paragraph (1) shall include the following: agreement submitted on or after the date of terprise position management system to (A) The number of appeals and timely ap- the enactment of this Act. more effectively identify, track, and resolve peals that were filed during the one-year pe- such vacancies. Subtitle B—Practices of Regional Offices riod ending on the effective date specified in Relating to Benefits Claims (6) A description of the actions taken by subsection (a)(2). the Secretary, in consultation with the Di- SEC. 211. COMPTROLLER GENERAL REVIEW OF (B) The number of appeals and timely ap- CLAIMS PROCESSING PERFORM- rector of the Office of Personnel Manage- peals that were filed during the one-year pe- ment, to address any impediments to the ANCE OF REGIONAL OFFICES OF riod ending on the date that is two years VETERANS BENEFITS ADMINISTRA- timely appointment and determination of after the effective date specified in sub- TION. qualifications for Directors of Veterans Inte- section (a)(2). (a) REVIEW REQUIRED.—Not later than 15 grated Service Networks and Medical Direc- (c) DEFINITIONS.—In this section: months after the effective date specified in tors of the Department. (1) APPEAL.—The term ‘‘appeal’’ means a subsection (e), the Comptroller General of TITLE II—COMPENSATION AND OTHER notice of disagreement filed pursuant to sec- the United States shall complete a review of BENEFITS MATTERS tion 7105(a) of title 38, United States Code, in the regional offices of the Veterans Benefits Subtitle A—Benefits Claims Submission response to notice of the result of an initial Administration to help the Veterans Bene- SEC. 201. PARTICIPATION OF VETERANS SERVICE review or determination regarding a claim fits Administration achieve more consistent ORGANIZATIONS IN TRANSITION AS- for a benefit under a law administered by the performance in the processing of claims for SISTANCE PROGRAM. Secretary of Veterans Affairs. disability compensation. (a) SENSE OF CONGRESS.—It is the sense of (2) TIMELY.—The term ‘‘timely’’ with re- (b) ELEMENTS.—The review required by Congress that the Secretary of Defense, in spect to an appeal means that the notice of subsection (a) shall include the following: collaboration with the Secretary of Labor, disagreement was filed not more than 180 (1) An identification of the following:

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.053 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7951 (A) The factors, including management mittee on Veterans’ Affairs of the Senate are pending, including information con- practices, that distinguish higher performing and the Committee on Veterans’ Affairs of tained in the reports of the Department enti- regional offices from other regional offices the House of Representatives a report on the tled ‘‘Appeals Pending’’ and ‘‘Appeals Work- with respect to claims for disability com- criteria and procedures that the Secretary load By Station’’. pensation. will use to determine appropriate staffing Subtitle C—Other Benefits Matters (B) The best practices employed by higher levels at the regional offices of the Depart- SEC. 221. MODIFICATION OF PILOT PROGRAM performing regional offices that distinguish ment once the Department has transitioned FOR USE OF CONTRACT PHYSICIANS the performance of such offices from other to using the National Work Queue for the FOR DISABILITY EXAMINATIONS. regional offices. distribution of the claims processing work- Section 504 of the Veterans’ Benefits Im- (C) Such other management practices or load. provement Act of 1996 (Public Law 104–275; 38 tools as the Comptroller General determines SEC. 214. ANNUAL REPORT ON PROGRESS IN IM- U.S.C. 5101 note) is amended— could be used to improve the performance of PLEMENTING VETERANS BENEFITS (1) by redesignating subsections (c) and (d) regional offices. MANAGEMENT SYSTEM. as subsections (d) and (e), respectively; and (2) An assessment of the effectiveness of (a) IN GENERAL.—Not later than each of (2) by inserting after subsection (b) the fol- communication with respect to the proc- one year, two years, and three years after lowing new subsection (c): the date of the enactment of this Act, the essing of claims for disability compensation ‘‘(c) LICENSURE OF CONTRACT PHYSICIANS.— Secretary of Veterans Affairs shall submit to between the regional offices and veterans ‘‘(1) IN GENERAL.—Notwithstanding any law service organizations and caseworkers em- Congress a report on the progress of the Sec- regarding the licensure of physicians, a phy- ployed by Members of Congress. retary in implementing the Veterans Bene- sician described in paragraph (2) may con- (c) REPORT.—Not later than 15 months fits Management System. duct an examination pursuant to a contract ONTENTS.—Each report required by after the effective date specified in sub- (b) C entered into under subsection (a) at any lo- subsection (a) shall include the following: section (e), the Comptroller General shall cation in any State, the District of Colum- (1) An assessment of the current submit to the Committee on Veterans’ Af- bia, or a Commonwealth, territory, or pos- functionality of the Veterans Benefits Man- fairs of the Senate and the Committee on session of the United States, so long as the agement System. Veterans’ Affairs of the House of Representa- examination is within the scope of the au- (2) Recommendations submitted to the tives a report on the results of the review thorized duties under such contract. Secretary by employees of the Department completed under subsection (a). ‘‘(2) PHYSICIAN DESCRIBED.—A physician de- (d) VETERANS SERVICE ORGANIZATION DE- of Veterans Affairs who are involved in proc- scribed in this paragraph is a physician FINED.—In this section, the term ‘‘veterans essing claims for benefits under the laws ad- who— service organization’’ means any organiza- ministered by the Secretary, including vet- ‘‘(A) has a current license to practice the tion recognized by the Secretary for the rep- erans service representatives, rating vet- health care profession of the physician; and resentation of veterans under section 5902 of erans service representatives, and decision ‘‘(B) is performing authorized duties for title 38, United States Code. review officers, for such legislative or admin- the Department of Veterans Affairs pursuant (e) EFFECTIVE DATE.—This section shall istrative action as the employees consider to a contract entered into under subsection take effect on the date that is 270 days after appropriate to improve the processing of (a).’’. the date of the enactment of this Act. such claims. (3) Recommendations submitted to the SEC. 222. DEVELOPMENT OF PROCEDURES TO IN- SEC. 212. INCLUSION IN ANNUAL BUDGET SUB- CREASE COOPERATION WITH NA- MISSION OF INFORMATION ON CA- Secretary by veterans service organizations TIONAL GUARD BUREAU. PACITY OF VETERANS BENEFITS AD- who use the Veterans Benefits Management (a) IN GENERAL.—The Secretary of Vet- MINISTRATION TO PROCESS BENE- System for such legislative or administra- FITS CLAIMS. erans Affairs and the Chief of the National tive action as the veterans service organiza- Guard Bureau shall jointly develop and im- (a) IN GENERAL.—Along with the sup- tions consider appropriate to improve such porting information included in the budget plement procedures, including requirements system. relating to timeliness, to improve the timely submitted to Congress by the President pur- (c) VETERANS SERVICE ORGANIZATION DE- provision to the Secretary of such informa- suant to section 1105(a) of title 31, United FINED.—In this section, the term ‘‘veterans tion in the possession of the Chief as the Sec- States Code, the President shall include in- service organization’’ means any organiza- retary requires to process claims submitted formation on the capacity of the Veterans tion recognized by the Secretary for the rep- to the Secretary for benefits under the laws Benefits Administration to process claims resentation of veterans under section 5902 of administered by the Secretary. for benefits under the laws administered by title 38, United States Code. (b) REPORT.—Not later than one year after the Secretary of Veterans Affairs, including SEC. 215. REPORT ON PLANS OF SECRETARY OF information described in subsection (b), dur- the implementation of the procedures under VETERANS AFFAIRS TO REDUCE IN- subsection (a), the Secretary and the Chief ing the fiscal year covered by the budget VENTORY OF NON-RATING WORK- with which the information is submitted. LOAD. shall jointly submit to Congress a report de- (b) INFORMATION DESCRIBED.—The informa- Not later than 120 days after the date of scribing— tion described in this subsection is the fol- the enactment of this Act, the Secretary of (1) the requests for information relating to lowing: Veterans Affairs shall submit to the Com- records of members of the National Guard (1) An estimate of the average number of mittee on Veterans’ Affairs of the Senate made by the Secretary to the Chief pursuant claims for benefits under the laws adminis- and the Committee on Veterans’ Affairs of to such procedures; and tered by the Secretary, excluding such the House of Representatives a report that (2) the timeliness of the responses of the claims completed during mandatory over- details the plans of the Secretary to reduce Chief to such requests. time, that a single full-time equivalent em- the inventory of work items listed in the SEC. 223. REVIEW OF DETERMINATION OF CER- ployee of the Administration can process in Monday Morning Workload Report under TAIN SERVICE IN PHILIPPINES DUR- ING WORLD WAR II. a year, based on the following: End Products 130, 137, 173, 290, 400, 600, 607, (A) A time and motion study that the Sec- 690, 930, and 960. (a) IN GENERAL.—The Secretary of Vet- retary shall conduct on the processing of erans Affairs, in consultation with the Sec- SEC. 216. SENSE OF CONGRESS ON INCREASED retary of Defense and such military histo- such claims. TRANSPARENCY RELATING TO (B) Such other information relating to CLAIMS FOR BENEFITS AND AP- rians as the Secretary of Defense rec- such claims as the Secretary considers ap- PEALS OF DECISIONS RELATING TO ommends, shall review the process used to propriate. BENEFITS IN MONDAY MORNING determine whether a covered individual (2) A description of the actions the Sec- WORKLOAD REPORT. served in support of the Armed Forces of the retary will take to improve the processing of It is the sense of Congress that the Sec- United States during World War II in accord- such claims. retary of Veterans Affairs should include in ance with section 1002(d) of title X of Divi- (3) An assessment of the actions identified each Monday Morning Workload Report pub- sion A of the American Recovery and Rein- by the Secretary under paragraph (2) in the lished by the Secretary the following: vestment Act of 2009 (Public Law 111–5; 38 previous year and an identification of the ef- (1) With respect to each regional office of U.S.C. 107 note) for purposes of determining fects of those actions. the Department of Veterans Affairs, the fol- whether such covered individual is eligible (c) EFFECTIVE DATE.—This section shall lowing: for payments described in such section. apply with respect to any budget submitted (A) The number of fully developed claims (b) COVERED INDIVIDUALS.—In this section, as described in subsection (a) with respect to for benefits under the laws administered by a covered individual is any individual who any fiscal year after fiscal year 2017. the Secretary that have been received. timely submitted a claim for benefits under (B) The number of claims described in sub- subsection (c) of section 1002 of title X of Di- SEC. 213. REPORT ON STAFFING LEVELS AT RE- GIONAL OFFICES OF DEPARTMENT paragraph (A) that are pending a decision. vision A of the American Recovery and Rein- OF VETERANS AFFAIRS AFTER (C) The number of claims described in sub- vestment Act of 2009 (Public Law 111–5; 38 TRANSITION TO NATIONAL WORK paragraph (A) that have been pending a deci- U.S.C. 107 note) based on service as described QUEUE. sion for more than 125 days. in subsection (d) of that section. Not later than 15 months after the date of (2) Enhanced information on appeals of de- (c) REPORT.—Not later than 90 days after the enactment of this Act, the Secretary of cisions relating to claims for benefits under the date of the enactment of this Act, the Veterans Affairs shall submit to the Com- the laws administered by the Secretary that Secretary of Veterans Affairs shall submit to

VerDate Sep 11 2014 05:51 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.053 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7952 CONGRESSIONAL RECORD — SENATE November 10, 2015 the Committee on Veterans’ Affairs of the and, separately, the number of such claims the date that is one year after the date of the Senate and the Committee on Veterans’ Af- on appeal. enactment of this Act. fairs of the House of Representatives a re- (7) The average number of days that cov- SEC. 304. REPORTS ON EDUCATIONAL LEVELS AT- port detailing any findings, actions taken, or ered claims take to complete beginning on TAINED BY CERTAIN MEMBERS OF recommendations for legislative action with the date on which the claim is submitted. THE ARMED FORCES AT TIME OF respect to the review conducted under sub- (c) DEFINITIONS.—In this section: SEPARATION FROM THE ARMED section (a). (1) COVERED CLAIMS.—The term ‘‘covered FORCES. (d) PROHIBITION ON BENEFITS FOR DISQUALI- claims’’ means claims for disability com- (a) ANNUAL REPORTS REQUIRED.—Each Sec- FYING CONDUCT UNDER NEW PROCESS PURSU- pensation submitted to the Secretary based retary concerned shall submit to Congress ANT TO REVIEW.—If pursuant to the review on post-traumatic stress disorder alleged to each year a report on the educational levels conducted under subsection (a) the Secretary have been incurred or aggravated by mili- attained by members of the Armed Forces of Veterans Affairs determines to establish a tary sexual trauma. described in subsection (b) under the juris- new process for the making of payments as (2) MILITARY SEXUAL TRAUMA.—The term diction of such Secretary who separated described in that subsection, the process ‘‘military sexual trauma’’ shall have the from the Armed Forces during the preceding shall include mechanisms to ensure that in- meaning specified by the Secretary for pur- year. dividuals are not treated as covered individ- poses of this section and shall include ‘‘sex- (b) COVERED MEMBERS.—The members of uals for purposes of such payments if such ual harassment’’ (as so specified). the Armed Forces described in this sub- individuals engaged in any disqualifying con- section are members of the Armed Forces TITLE III—EDUCATION MATTERS duct during service described in that sub- who transferred unused education benefits to section, including collaboration with the SEC. 301. RETENTION OF ENTITLEMENT TO EDU- family members pursuant to section 3319 of enemy or criminal conduct. CATIONAL ASSISTANCE DURING title 38, United States Code, while serving as SEC. 224. SENSE OF CONGRESS ON SUBMITTAL CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY. members of the Armed Forces. OF INFORMATION RELATING TO (c) SECRETARY CONCERNED DEFINED.—In (a) EDUCATIONAL ASSISTANCE ALLOWANCE.— CLAIMS FOR DISABILITIES IN- this section, the term ‘‘Secretary concerned’’ CURRED OR AGGRAVATED BY MILI- Section 16131(c)(3)(B)(i) of title 10, United has the meaning given that term in section TARY SEXUAL TRAUMA. States Code, is amended by striking ‘‘or 101 of title 38, United States Code. (a) IN GENERAL.—It is the sense of Congress 12304’’ and inserting ‘‘12304, 12304a, or (d) EFFECTIVE DATE.—This section shall that the Secretary of Veterans Affairs 12304b’’. take effect on the date that is one year after should submit to Congress information on (b) EXPIRATION DATE.—Section 16133(b)(4) the covered claims submitted to the Sec- of such title is amended by striking ‘‘or the date of the enactment of this Act. retary during each fiscal year, including the 12304’’ and inserting ‘‘12304, 12304a, or TITLE IV—EMPLOYMENT AND information specified in subsection (b). 12304b’’. TRANSITION MATTERS (b) ELEMENTS.—The information specified SEC. 302. REPORTS ON PROGRESS OF STUDENTS SEC. 401. REQUIRED COORDINATION BETWEEN in this subsection with respect to each fiscal RECEIVING POST-9/11 EDUCATIONAL DIRECTORS FOR VETERANS’ EM- year is the following: ASSISTANCE. PLOYMENT AND TRAINING WITH (1) The number of covered claims sub- (a) IN GENERAL.—Chapter 33 of title 38, STATE DEPARTMENTS OF LABOR mitted to or considered by the Secretary United States Code, is amended— AND VETERANS AFFAIRS. during such fiscal year. (1) in subsection 3325(c)— (a) IN GENERAL.—Section 4103 of title 38, (2) Of the covered claims under paragraph (A) in paragraph (2), by striking ‘‘and’’ United States Code, is amended by adding at (1), the number and percentage of such after the semicolon; the end the following new subsection: claims— (B) by redesignating paragraph (3) as para- ‘‘(c) COORDINATION WITH STATE DEPART- (A) submitted by each gender; graph (4); and MENTS OF LABOR AND VETERANS AFFAIRS.— (B) that were approved, including the num- (C) by inserting after paragraph (2) the fol- Each Director for Veterans’ Employment ber and percentage of such approved claims lowing new paragraph (3): and Training for a State shall coordinate the submitted by each gender; and ‘‘(3) the information received by the Sec- Director’s activities under this chapter with (C) that were denied, including the number retary under section 3326 of this title; and’’; the State department of labor and the State and percentage of such denied claims sub- and department of veterans affairs.’’. mitted by each gender. (2) by adding at the end the following new (b) EFFECTIVE DATE.—The amendment (3) Of the covered claims under paragraph section: made by subsection (a) shall take effect on (1) that were approved, the number and per- the date that is one year after the date of the ‘‘§ 3326. Report on student progress centage, listed by each gender, of claims as- enactment of this Act. signed to each rating percentage of dis- ‘‘As a condition on approval under chapter SEC. 402. REPORT ON JOB FAIRS ATTENDED BY ability. 36 of this title of a course offered by an edu- ONE-STOP CAREER CENTER EM- (4) Of the covered claims under paragraph cational institution (as defined in section PLOYEES AT WHICH SUCH EMPLOY- (1) that were denied— 3452 of this title), each year, each edu- EES ENCOUNTER VETERANS. (A) the three most common reasons given cational institution (as so defined) that re- (a) IN GENERAL.—Section 136(d)(1) of the by the Secretary under section 5104(b)(1) of ceived a payment in that year on behalf of Workforce Investment Act of 1998 (29 U.S.C. title 38, United States Code, for such denials; an individual entitled to educational assist- 2871(d)(1)) is amended by adding at the end and ance under this chapter shall submit to the the following new sentence: ‘‘The report also (B) the number of denials that were based Secretary such information regarding the shall include information, for the year pre- on the failure of a veteran to report for a academic progress of the individual as the ceding the year the report is submitted, on medical examination. Secretary may require.’’. the number of job fairs attended by One-Stop (5) Of the covered claims under paragraph (b) CLERICAL AMENDMENT.—The table of Career Center employees at which the em- (1) that were resubmitted to the Secretary sections at the beginning of such chapter is ployees had contact with a veteran, and the after denial in a previous adjudication— amended by adding at the end the following number of veterans contacted at each such (A) the number of such claims submitted new item: job fair.’’. to or considered by the Secretary during ‘‘3326. Report on student progress.’’. (b) EFFECTIVE DATE.—The amendment such fiscal year; (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on (B) the number and percentage of such made by this section shall take effect on the the date that is one year after the date of the claims— date that is one year after the date of the en- enactment of this Act. (i) submitted by each gender; actment of this Act. SEC. 403. REVIEW OF CHALLENGES FACED BY EM- (ii) that were approved, including the num- SEC. 303. SECRETARY OF DEFENSE REPORT ON PLOYERS SEEKING TO HIRE VET- ber and percentage of such approved claims LEVEL OF EDUCATION ATTAINED BY ERANS AND SHARING OF INFORMA- submitted by each gender; and THOSE WHO TRANSFER ENTITLE- TION AMONG FEDERAL AGENCIES (iii) that were denied, including the num- MENT TO POST-9/11 EDUCATIONAL THAT SERVE VETERANS. ber and percentage of such denied claims ASSISTANCE. (a) REVIEW.— submitted by each gender; (a) IN GENERAL.—Section 3325(b)(1) of title (1) IN GENERAL.—The Secretary of Labor, in (C) the number and percentage, listed by 38, United States Code, is amended— consultation with the Secretary of Defense each gender, of claims assigned to each rat- (1) in subparagraph (B), by striking ‘‘and’’ and the Secretary of Veterans Affairs, shall ing percentage of disability; and after the semicolon; and conduct a review of— (D) of such claims that were again denied— (2) by adding at the end the following new (A) the challenges faced by employers (i) the three most common reasons given subparagraph: seeking to hire veterans; and by the Secretary under section 5104(b)(1) of ‘‘(D) indicating the highest level of edu- (B) information sharing among Federal de- such title for such denials; and cation attained by each individual who partments and agencies that serve veterans (ii) the number of denials that were based transfers a portion of the individual’s enti- and members of the Armed Forces who are on the failure of a veteran to report for a tlement to educational assistance under sec- separating from service. medical examination. tion 3319 of this title; and’’. (2) MATTERS REVIEWED.—In conducting the (6) The number of covered claims that, as (b) EFFECTIVE DATE.—The amendments review required by paragraph (1), the Sec- of the end of such fiscal year, are pending made by subsection (a) shall take effect on retary of Labor shall examine the following:

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(A) The barriers employers face in gaining (2) CONTENTS.—The report required by respect to applications received pursuant to information identifying veterans who are paragraph (1) shall include the following: section 8127(f)(2) of title 38, United States seeking jobs. (A) Recommendations for improving the Code, that are verified on or after such date. (B) The extent and quality of information Department of Defense Transition GPS Pro- SEC. 502. TREATMENT OF BUSINESSES AFTER sharing among Federal departments and gram Core Curriculum in order to more accu- DEATHS OF SERVICEMEMBER-OWN- agencies that serve veterans and members of rately address the needs of members of the ERS FOR PURPOSES OF DEPART- the Armed Forces who are separating from Armed Forces transitioning out of military MENT OF VETERANS AFFAIRS CON- service, including how the departments and service. TRACTING GOALS AND PREF- ERENCES. agencies may more easily connect employers (B) Recommendations for improving the (a) IN GENERAL.—Section 8127 of title 38, with such veterans and members. roles and responsibilities described in sub- United States Code, is amended— (b) REPORT.— section (a)(2)(B). (1) by redesignating subsections (i) through (1) IN GENERAL.—Not later than 120 days (C) Recommendations for improving the al- (l) as subsections (j) through (m), respec- after the effective date specified in sub- lotment of time described in subsection tively; and section (c), the Secretary of Labor shall sub- (a)(2)(C). (2) by inserting after subsection (h) the fol- mit to the appropriate committees of Con- (D) Such recommendations as the Sec- lowing new subsection (i): gress a report on the review conducted under retary of Defense may have regarding the op- ‘‘(i) TREATMENT OF BUSINESSES AFTER subsection (a). tional and mandatory tracks in the Transi- DEATH OF SERVICEMEMBER-OWNER.—(1) If a (2) CONTENTS.—The report required by tion GPS Program Core Curriculum. member of the Armed Forces owns at least 51 paragraph (1) shall include the following: (E) Such recommendations as the Sec- percent of a small business concern and such (A) Recommendations for addressing the retary of Defense may have with respect to member is killed in line of duty in the active barriers described in subsection (a)(2)(A). the outcome measures and metrics described military, naval, or air service, the surviving (B) Recommendations for improving infor- in subsection (a)(2)(E). spouse or dependent child of such member mation sharing described in subsection (F) Identification of such other areas of who acquires such ownership rights in such (a)(2)(B). concern as the Secretary of Defense may small business concern shall, for the period (3) APPROPRIATE COMMITTEES OF CONGRESS have with respect to the Transition GPS described in paragraph (2), be treated as if DEFINED.—In this subsection, the term ‘‘ap- Program and such recommendations for leg- the surviving spouse or dependent child were propriate committees of Congress’’ means— islative or administrative action as the Sec- a veteran with a service-connected disability (A) the Committee on Armed Services and retary may have to address such concerns. for purposes of determining the status of the PPROPRIATE COMMITTEES OF CONGRESS the Committee on Veterans’ Affairs of the (3) A small business concern as a small business DEFINED.—In this subsection, the term ‘‘ap- Senate; and concern owned and controlled by veterans propriate committees of Congress’’ means— (B) the Committee on Armed Services and for purposes of contracting goals and pref- (A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the erences under this section. House of Representatives. the Committee on Veterans’ Affairs of the ‘‘(2) The period referred to in paragraph (1) (c) EFFECTIVE DATE.—This section shall Senate; and is the period beginning on the date on which take effect on the date that is one year after (B) the Committee on Armed Services and the member of the Armed Forces dies and the date of the enactment of this Act. the Committee on Veterans’ Affairs of the ending on the date as follows: SEC. 404. REVIEW OF TRANSITION GPS PROGRAM House of Representatives. ‘‘(A) In the case of a surviving spouse, the CORE CURRICULUM. SEC. 405. MODIFICATION OF REQUIREMENT FOR earliest of the following dates: (a) REVIEW.— PROVISION OF PRESEPARATION ‘‘(i) The date on which the surviving COUNSELING. (1) IN GENERAL.—The Secretary of Defense, spouse remarries. (a) CLARIFICATION OF REQUIREMENT FOR 180 in consultation with the Secretary of Vet- ‘‘(ii) The date on which the surviving CONTINUOUS DAYS OF ACTIVE DUTY SERVICE.— erans Affairs and the Secretary of Labor, spouse relinquishes an ownership interest in Subparagraph (A) of section 1142(a)(4) of title shall conduct a review of the Department of the small business concern and no longer 10, United States Code, is amended by insert- Defense Transition GPS Program Core Cur- owns at least 51 percent of such small busi- ing ‘‘continuous’’ before ‘‘180 days’’. riculum in effect on the date of the enact- ness concern. (b) EXCLUSION OF TRAINING FROM PERIODS ment of this Act. ‘‘(iii) The date that is ten years after the OF ACTIVE DUTY.—Such section is further (2) MATTERS REVIEWED.—The review shall amended by adding at the end the following date of the member’s death. examine the following: new subparagraph: ‘‘(B) In the case of a dependent child, the (A) The Department of Defense Transition ‘‘(C) For purposes of subparagraph (A), the earliest of the following dates: GPS Program Core Curriculum in effect on term ‘active duty’ does not include full-time ‘‘(i) The date on which the surviving de- the date of the enactment of this Act. training duty, annual training duty, and at- pendent child relinquishes an ownership in- (B) The roles and responsibilities of each tendance, while in the active military serv- terest in the small business concern and no Federal department participating in the ice, at a school designated as a service school longer owns at least 51 percent of such small Transition GPS Program and whether the by law or by the Secretary concerned.’’. business concern. various roles and responsibilities of the Fed- ‘‘(ii) The date that is ten years after the TITLE V—VETERAN SMALL BUSINESS eral departments are adequately aligned date of the member’s death.’’. MATTERS with one another. (b) EFFECTIVE DATE.—Subsection (i) of sec- (C) The allotment of time spent on issues SEC. 501. MODIFICATION OF TREATMENT UNDER tion 8127 of such title, as added by subsection under the jurisdiction of each Federal de- CONTRACTING GOALS AND PREF- (a), shall take effect on the date of the enact- partment participating in the Transition ERENCES OF DEPARTMENT OF VET- ERANS AFFAIRS FOR SMALL BUSI- ment of this Act and shall apply with respect GPS Program and whether the allotment is NESSES OWNED BY VETERANS OF to the deaths of members of the Armed adequate to provide members of the Armed SMALL BUSINESSES AFTER DEATH Forces occurring on or after such date. Forces with all the information the members OF DISABLED VETERAN OWNERS. TITLE VI—BURIAL MATTERS need regarding important benefits that can (a) IN GENERAL.—Section 8127(h) of title 38, assist members in transitioning out of mili- SEC. 601. DEPARTMENT OF VETERANS AFFAIRS United States Code, is amended— STUDY ON MATTERS RELATING TO tary service. (1) in paragraph (3), by striking ‘‘rated as’’ BURIAL OF UNCLAIMED REMAINS OF (D) Whether any of the information in the and all that follows through ‘‘disability.’’ VETERANS IN NATIONAL CEME- three optional tracks in the Transition GPS and inserting a period; and TERIES. Program Core Curriculum should be ad- (2) in paragraph (2), by amending subpara- (a) STUDY AND REPORT REQUIRED.—Not dressed more appropriately in mandatory graph (C) to read as follows: later than one year after the effective date tracks rather than optional tracks. ‘‘(C) The date that— specified in subsection (d), the Secretary of (E) The benefits of and obstacles to estab- ‘‘(i) in the case of a surviving spouse of a Veterans Affairs shall— lishing— veteran with a service-connected disability (1) complete a study on matters relating to (i) a standard implementation plan of long- rated as 100 percent disabling or who dies as the interring of unclaimed remains of vet- term outcome measures for the Transition a result of a service-connected disability, is erans in national cemeteries under the con- GPS Program; and 10 years after the date of the veteran’s death; trol of the National Cemetery Administra- (ii) a comprehensive system of metrics for or tion; and such measures. ‘‘(ii) in the case of a surviving spouse of a (2) submit to Congress a report on the find- (b) REPORT.— veteran with a service-connected disability ings of the Secretary with respect to the (1) IN GENERAL.—Not later than 120 days rated as less than 100 percent disabling who study required under paragraph (1). after the date of the enactment of this Act, does not die as a result of a service-con- (b) MATTERS STUDIED.—The matters stud- the Secretary of Defense, in consultation nected disability, is three years after the ied under subsection (a)(1) shall include the with the Secretary of Veterans Affairs and date of the veteran’s death.’’. following: the Secretary of Labor, shall submit to the (b) EFFECTIVE DATE.—The amendments (1) Determining the scope of issues relating appropriate committees of Congress a report made by subsection (a) shall take effect on to unclaimed remains of veterans, including on the review conducted under subsection the date that is 180 days after the date of the an estimate of the number of unclaimed re- (a). enactment of this Act and shall apply with mains of veterans.

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Without (b) CONFORMING AMENDMENT.—Section 406 interment of unclaimed remains of veterans objection, it is so ordered. in national cemeteries under the control of of the Department of Veterans Affairs Expir- the National Cemetery Administration. ing Authorities Act of 2014 (Public Law 113– The bill (S. 2280) was ordered to be (3) Assessing State and local laws that af- 175; 38 U.S.C. 3684 note), as amended by sec- engrossed for a third reading, was read fect the ability of the Secretary to inter un- tion 410 of the Department of Veterans Af- the third time, and passed, as follows: claimed remains of veterans in national fairs Expiring Authorities Act of 2015 (Public S. 2280 cemeteries under the control of the National Law 114–58), is hereby repealed. Be it enacted by the Senate and House of Rep- Cemetery Administration. The title amendment was agreed to, resentatives of the United States of America in (4) Developing recommendations for such as follows: Congress assembled, legislative or administrative action as the Amend the title so as to read: ‘‘A bill to SECTION 1. SHORT TITLE. Secretary considers appropriate. This Act may be cited as the ‘‘Pro bono amend title 38, United States Code, to im- (c) METHODOLOGY.— Work to Empower and Represent Act of 2015’’ prove the furnishing of health care to vet- (1) NUMBER OF UNCLAIMED REMAINS.—In es- or ‘‘POWER Act’’. timating the number of unclaimed remains erans by the Department of Veterans Affairs, to improve the processing by the Depart- SEC. 2. FINDINGS. of veterans under subsection (b)(1), the Sec- Congress finds the following: retary may review such subset of applicable ment of claims for disability compensation, and for other purposes.’’. (1) Extremely high rates of domestic vio- entities as the Secretary considers appro- lence, dating violence, sexual assault, and priate, including a subset of funeral homes f stalking exist at the local, State, and na- and coroner offices that possess unclaimed SPACE ACT OF 2015 tional levels and such violence or behavior veterans remains. harms the most vulnerable members of our (2) ASSESSMENT OF STATE AND LOCAL Ms. MURKOWSKI. Mr. President, I society. LAWS.—In assessing State and local laws ask unanimous consent that the Com- (2) According to a study commissioned by under subsection (b)(3), the Secretary may mittee on Commerce, Science, and the Department of Justice, nearly 25 percent assess such sample of applicable State and Transportation be discharged from fur- of women suffer from domestic violence dur- local laws as the Secretary considers appro- ther consideration of H.R. 2262 and the ing their lifetime. priate in lieu of reviewing all applicable (3) Proactive efforts should be made avail- State and local laws. Senate proceed to its immediate con- sideration. able in all forums to provide pro bono legal (d) EFFECTIVE DATE.—This section shall services and eliminate the violence that de- take effect on the date that is one year after The PRESIDING OFFICER. Without stroys lives and shatters families. the date of the enactment of this Act. objection, it is so ordered. (4) A variety of factors cause domestic vio- TITLE VII—OTHER MATTERS The clerk will report the bill by title. lence, dating violence, sexual assault, and SEC. 701. HONORING AS VETERANS CERTAIN The legislative clerk read as follows: stalking, and a variety of solutions at the PERSONS WHO PERFORMED SERV- An bill (H.R. 2262) to facilitate a pro- local, State, and national level are necessary ICE IN THE RESERVE COMPONENTS growth environment for the developing com- to combat such violence or behavior. OF THE ARMED FORCES. mercial space industry by encouraging pri- (5) According to the National Network to Any person who is entitled under chapter vate sector investment and creating more End Domestic Violence, which conducted a 1223 of title 10, United States Code, to retired stable and predictable regulatory conditions, census including almost 1,700 assistance pro- pay for nonregular service or, but for age, and for other purposes. grams, over the course of 1 day in September would be entitled under such chapter to re- There being no objection, the Senate 2014, more than 10,000 requests for services, tired pay for nonregular service shall be hon- including legal representation, were not met. ored as a veteran but shall not be entitled to proceeded to consider the bill. (6) Pro bono assistance can help fill this any benefit by reason of this honor. Ms. MURKOWSKI. Mr. President, I need by providing not only legal representa- SEC. 702. REPORT ON LAOTIAN MILITARY SUP- ask unanimous consent that the Cruz tion, but also access to emergency shelter, PORT OF ARMED FORCES OF THE substitute amendment at the desk be transportation, and childcare. UNITED STATES DURING VIETNAM agreed to, the bill, as amended, be read (7) Research and studies have dem- WAR. a third time and passed, and the mo- onstrated that the provision of legal assist- (a) IN GENERAL.—Not later than one year tion to reconsider be considered made ance to victims of domestic violence, dating after the effective date specified in sub- and laid upon the table. violence, sexual assault, and stalking re- section (c), the Secretary of Veterans Af- duces the probability of such violence or be- fairs, in consultation with the Secretary of The PRESIDING OFFICER. Without havior reoccurring in the future and can help Defense and such agencies and individuals as objection, it is so ordered. survivors move forward. the Secretary of Veterans Affairs considers The amendment (No. 2805) in the na- (8) Legal representation increases the pos- appropriate, shall submit to the appropriate ture of a substitute was agreed to. sibility of successfully obtaining a protec- committees of Congress a report on— (The amendment is printed in today’s tive order against an attacker, preventing (1) the extent to which Laotian military RECORD under ‘‘Text of Amendments.’’) further mental and physical injury to a vic- forces provided combat support to the Armed The amendment was ordered to be tim and his or her family, demonstrated by Forces of the United States between Feb- engrossed, and the bill to be read a a study that found that 83 percent of victims ruary 28, 1961, and May 15, 1975; third time. represented by an attorney were able to ob- (2) whether the current classification by tain a protective order compared to 32 per- the Civilian/Military Service Review Board The bill was read the third time. cent of victims without an attorney. of the Department of Defense of service by The bill (H.R. 2262), as amended, was (9) The American Bar Association Model individuals of Hmong ethnicity is appro- passed. Rules include commentary that ‘‘every law- priate; and f yer, regardless of professional prominence or (3) such recommendations as the Secretary professional workload, has a responsibility of Veterans Affairs may have for legislative PRO BONO WORK TO EMPOWER to provide legal services to those unable to action. AND REPRESENT ACT OF 2015 pay, and personal involvement in the prob- (b) APPROPRIATE COMMITTEES OF CON- Ms. MURKOWSKI. Mr. President, I lems of the disadvantaged can be one of the GRESS.—In this section, the term ‘‘appro- ask unanimous consent that the Sen- most rewarding experiences in the life of a priate committees of Congress’’ means— ate proceed to the immediate consider- lawyer’’. (1) the Committee on Armed Services and (10) As representatives of the Department the Committee on Veterans’ Affairs of the ation of S. 2280, introduced earlier of Justice, the duty of United States Attor- Senate; and today. neys is to present ‘‘equal and impartial jus- (2) the Committee on Armed Services and The PRESIDING OFFICER. The tice to all its citizens,’’ which should in- the Committee on Veterans’ Affairs of the clerk will report the bill by title. clude, especially, survivors of domestic vio- House of Representatives. The legislative clerk read as follows: lence, dating violence, sexual assault, and (c) EFFECTIVE DATE.—This section shall A bill (S. 2280) to promote pro bono legal stalking who might not otherwise know how take effect on the date that is one year after services as a critical way in which to em- to seek advice and protection. the date of the enactment of this Act. power survivors of domestic violence. (11) As Federal leaders who have knowl- SEC. 703. RESTORATION OF PRIOR REPORTING edge of domestic violence, dating violence, FEE MULTIPLIERS. There being no objection, the Senate sexual assault, and stalking in their local- (a) IN GENERAL.—During the 10-year period proceeded to consider the bill. ities, United States Attorneys should en- beginning on September 26, 2015, the second Ms. MURKOWSKI. Mr. President, I courage lawyers to provide pro bono re- sentence of subsection (c) of section 3684 of ask unanimous consent that the bill be sources in an effort to help victims of such

VerDate Sep 11 2014 06:41 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.053 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 10, 2015 CONGRESSIONAL RECORD — SENATE S7955 violence or behavior to escape the cycle of ate proceed to executive session to con- on Monday, November 16, the Senate abuse. sider the following nominations placed proceed to executive session to con- (12) A dedicated army of pro bono attor- on the Secretary’s desk in the Foreign sider the following nomination: Cal- neys focused on this mission will inspire oth- Service: PN643, PN800, and PN877; that endar No. 141; that there be 30 minutes ers to devote efforts to this cause and will raise awareness of the scourge of domestic the nominations be confirmed en bloc; of debate on the nomination; that fol- violence, dating violence, sexual assault, and the motions to reconsider be consid- lowing the use or yielding back of stalking throughout the country. ered made and laid upon the table with time, the Senate vote on the nomina- (13) Communities, by providing awareness no intervening action or debate; that tion without intervening action or de- of pro bono legal services and assistance to no further motions be in order to any bate; that following disposition of the survivors of domestic violence, dating vio- of the nominations; that the President nomination, the motion to reconsider lence, sexual assault, and stalking, will em- be immediately notified of the Senate’s be considered made and laid upon the power those survivors to move forward with action and the Senate then resume leg- table with no intervening action or de- their lives. islative session. bate; that no further motions be in SEC. 3. U.S. ATTORNEYS TO PROMOTE EMPOWER- MENT EVENTS. The PRESIDING OFFICER. Without order to the nomination; that any (a) IN GENERAL.—Not later than 1 year objection, it is so ordered. statements related to the nomination after the date of enactment of this Act, and The nominations considered and con- be printed in the RECORD; that the not less often than once each year there- firmed en bloc are as follows: President be immediately notified of after, each United States Attorney, or his or NOMINATIONS PLACED ON THE SECRETARY’S the Senate’s action and the Senate her designee, for each judicial district shall lead not less than 1 public event, in partner- DESK then resume legislative session. ship with a State, local, tribal, or territorial FOREIGN SERVICE The PRESIDING OFFICER. Without domestic violence service provider or coali- PN643 FOREIGN SERVICE nominations objection, it is so ordered. tion and a State or local volunteer lawyer (101) beginning Jennifer Ann Amos, and end- f project, promoting pro bono legal services as ing Holly Rothe Wielkoszewski, which nomi- a critical way in which to empower survivors nations were received by the Senate and ap- MILITARY CONSTRUCTION AND of domestic violence, dating violence, sexual peared in the Congressional Record of July 8, VETERANS AFFAIRS AND RE- assault, and stalking and engage citizens in 2015. LATED AGENCIES APPROPRIA- assisting those survivors. PN800 FOREIGN SERVICE nominations TIONS ACT, 2016 (b) DISTRICTS CONTAINING INDIAN TRIBES (127) beginning Kreshnik Alikaj, and ending AND TRIBAL ORGANIZATIONS.—During each 3- Brett David Ziskie, which nominations were COMMITTEE-REPORTED SUBSTITUTE AMENDMENT year period, a United States Attorney, or his received by the Senate and appeared in the WITHDRAWN or her designee, for a judicial district that Congressional Record of September 8, 2015. contains an Indian tribe or tribal organiza- Ms. MURKOWSKI. Mr. President, I PN877–1 FOREIGN SERVICE nominations tion (as those terms are defined in section 4 ask unanimous consent that not with- (404) beginning Jason Douglas Kalbfleisch, of the Indian Self-Determination and Edu- standing the passage of H.R. 2029, the and ending Stuart MacKenzie Hatcher, which cation Assistance Act (25 U.S.C. 450b)) shall committee-reported substitute be with- nominations were received by the Senate and lead not less than 1 public event promoting drawn. pro bono legal services under subsection (a) appeared in the Congressional Record of Sep- tember 21, 2015. The PRESIDING OFFICER. Without in partnership with an Indian tribe or tribal objection, it is so ordered. organization with the intent of increasing Mr. REID. Mr. President, I am the provision of pro bono legal services for pleased that the Senate passed several f Indian or Alaska Native victims of domestic lists for more than 600 career pro- SUPPORTING ISRAEL AND CON- violence, dating violence, sexual assault, and motions in the Foreign Service. I spoke stalking. DEMNING PALESTINIAN TERROR earlier this week about these pro- (c) REQUIREMENTS.—Each United States ATTACKS Attorney shall— motions, and I am pleased that Senator (1) have discretion on the design, organiza- GRASSLEY has allowed these lists to Ms. MURKOWSKI. Mr. President, I tion, and implementation of the public pass this evening. ask unanimous consent that the Sen- events required under subsection (a); and Regardless of which party controlled ate proceed to the immediate consider- (2) in conducting a public event under sub- the Senate, Foreign Service promotion ation of Calendar No. 292, S. Res. 302. section (a), seek to maximize the local im- lists have moved without political in- The PRESIDING OFFICER. The pact of the event and the provision of access terference. That is until recently. In clerk will report the resolution by to high-quality pro bono legal services by title. survivors of domestic violence, dating vio- August, Senator GRASSLEY decided to lence, sexual assault, and stalking. block the promotions of more than 20 The legislative clerk read as follows: SEC. 4. REPORTING REQUIREMENTS. career officials in order to pursue the A resolution (S. Res. 302) expressing the (a) REPORT TO THE ATTORNEY GENERAL.— same agenda we saw the Republicans sense of the Senate in support of Israel and Not later than October 30 of each year, each go after with the Benghazi committee. in condemnation of Palestinian terror at- tacks. United States Attorney shall submit to the I have spoken with Senator GRASS- Attorney General a report detailing each LEY about this issue. Holding back the There being no objection, the Senate public event conducted under section 3 dur- proceeded to consider the resolution. ing the previous fiscal year. promotions of career Foreign Service (b) REPORT TO CONGRESS.— officers is not the way the Senate Ms. MURKOWSKI. Mr. President, I (1) IN GENERAL.—Not later than January 1 should be operating. The 20 officials ask unanimous consent that the of each year, the Attorney General shall sub- that are still being blocked include of- Blumenthal amendment to the resolu- mit to Congress a compilation and summary ficers stationed in Cambodia, Kenya, tion be agreed to; the resolution, as of each report received under subsection (a) Rwanda, Ethiopia, and other nations. amended, be agreed to; the Blumenthal for the previous fiscal year. Although I am pleased about the Sen- amendment to the preamble be agreed (2) REQUIREMENT.—Each comprehensive re- ate passing more than 600 promotions to; the preamble, as amended, be port submitted under paragraph (1) shall in- agreed to; and the motions to recon- clude an analysis of how each public event this evening, the senior Senator from meets the goals set forth in this Act, as well Iowa should drop his holds on career sider be considered made and laid upon as suggestions on how to improve future pub- diplomats and give these 20 officials the table with no intervening action or lic events. the promotions they have earned. debate. The PRESIDING OFFICER. Without SEC. 5. FUNDING. f The Department of Justice shall use exist- objection, it is so ordered. ing funds to carry out the requirements of LEGISLATIVE SESSION The amendment (No. 2807) was agreed this Act. The PRESIDING OFFICER. The Sen- to, as follows: f ate will now resume legislative session. (Purpose: To urge the international commu- EXECUTIVE SESSION f nity to condemn the Palestinian terror at- tacks) UNANIMOUS CONSENT AGREE- On page 5, line 1, strike ‘‘the President EXECUTIVE CALENDAR MENT—EXECUTIVE CALENDAR and’’. Ms. MURKOWSKI. Mr. President, I Ms. MURKOWSKI. Mr. President, I The resolution (S. Res. 302), as ask unanimous consent that the Sen- ask unanimous consent that at 5 p.m. amended, was agreed to.

VerDate Sep 11 2014 06:41 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\CR\FM\A10NO6.049 S10NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S7956 CONGRESSIONAL RECORD — SENATE November 10, 2015 The amendment (No. 2808) was agreed Whereas Israel has in recent weeks been (10) encourages President Abbas to con- to, as follows: subjected to an alarming wave of terrorism tinue strengthening and maintaining secu- (Purpose: To add a whereas clause regarding directed against innocent civilians by Pal- rity cooperation with Israel; President Obama’s condemnation of Pales- estinians armed with knives, meat cleavers, (11) reiterates that Palestinian political tinian violence against innocent Israeli guns, and cars; goals will never be achieved through vio- citizens) Whereas there have been approximately 69 lence; and such attacks since the beginning of October (12) calls on all parties to return to the ne- Insert after the eleventh whereas clause of gotiating table immediately and without the preamble the following: 2015, leaving 11 Israelis dead and another 145 Whereas President Barack Obama con- wounded; preconditions, as direct discussions remain demned in the strongest terms Palestinian Whereas United States citizens have lost the best avenue to ending the Israeli-Pales- violence against innocent Israeli citizens and their lives as a result of these terrorist at- tinian conflict. expressed his ‘‘strong belief that Israel has tacks, including Richard Lakin and Eitam f not just the right, but the obligation to pro- Henkin; tect itself’’; Whereas these random, gruesome attacks ORDERS FOR MONDAY, NOVEMBER 16, 2015 The preamble, as amended, was are intended to instill a sense of fear among agreed to. the people of Israel leading their normal Ms. MURKOWSKI. Mr. President, I The resolution, as amended, with its lives, and also destabilize security for both ask unanimous consent that when the Palestinians and Israelis; preamble, as amended, reads as follows: Whereas President Barack Obama con- Senate completes its business today, it S. RES. 302 demned in the strongest terms Palestinian adjourn under the provisions of H. Con. Whereas Israel is a democratic ally and violence against innocent Israeli citizens and Res. 92 until 3 p.m., Monday, November major strategic partner of the United States, expressed his ‘‘strong belief that Israel has 16; that following the prayer and as codified by the United States-Israel Stra- not just the right, but the obligation to pro- pledge, the morning hour be deemed tegic Partnership Act of 2014 (Public Law tect itself’’; expired, the Journal of proceedings be 113–296), and cooperation between Israel and Whereas Israel, Jordan, and the United approved to date, and the time for the the United States continues to increase in States have reached an agreement regarding two leaders be reserved for their use importance with a swiftly shifting security the installation of surveillance cameras on later in the day; further, that following situation in the Middle East and North Afri- the Temple Mount in accordance with the re- ca; spective responsibilities of the Israeli au- leader remarks, the Senate be in a pe- Whereas Jerusalem is an undivided city, thorities and the Jordanian Waqf; riod of morning business, with Sen- eternal capital of Israel, holiest city for the Whereas President Abbas has helped to fuel ators permitted to speak therein for up Jewish people, central to the worship of the current violence in recent weeks by to 10 minutes each until 5 p.m.; finally, three monotheistic religions, and unique in falsely casting Israel as the brutal aggressor that at 5 p.m., the Senate then proceed the Middle East region as a city of religious in multiple public speeches, refusing to con- to executive session as under the pre- tolerance where Israel guarantees access, se- demn the lethal terror attacks, and failing vious order. curity, and respect for the three monothe- to acknowledge Israel’s right to self-defense; The PRESIDING OFFICER. Without istic religions to worship in peace at holy Whereas President Abbas’ statements are objection, it is so ordered. sites; part of a pattern of incitement among Pales- Whereas, upon Israel securing control of tinian leaders that includes denial of the f Jerusalem in 1967, it has maintained a policy Jewish heritage of Jerusalem, paying month- ORDER FOR ADJOURNMENT of keeping the Haram Al Sharif specifically ly salaries to the families of imprisoned Pal- open for Muslim prayer, welcoming over estinian terrorists, praising slain terrorists Ms. MURKOWSKI. Mr. President, if 3,500,000 regular worshipers annually; as martyrs, demonizing Jews in official Pal- there is no further business to come be- Whereas the Government of Israel upholds estinian Authority media, and encouraging fore the Senate, I ask unanimous con- the 1994 Treaty of Peace Between the State attacks on social media; and sent that it stand adjourned under the of Israel and the Hashemite Kingdom of Jor- Whereas Palestinian leaders have repeat- previous order, following the remarks dan, which states in Article Nine that each edly threatened to suspend cooperation and party ‘‘will provide freedom of access to of Senator SESSIONS for 10 minutes. further encouraged violence by blaming The PRESIDING OFFICER. Without places of religious and historical signifi- Israel for killing Palestinian perpetrators of cance,’’ as well as ‘‘act together to promote these heinous crimes: Now, therefore, be it objection, it is so ordered. interfaith relations among the three mono- The Senator from Alabama. theistic religions, with the aim of working Resolved, That the Senate— Mr. SESSIONS. Mr. President, I (1) condemns these brutal attacks in the toward religious understanding, moral com- thank the Presiding Officer, and I mitment, freedom of religious worship, and harshest terms possible; thank Senator MURKOWSKI for her tolerance and peace’’; (2) welcomes Israel’s commitment to the Whereas Yasser Arafat, Chairman of the continued maintenance of the status quo on courtesy. Palestine Liberation Organization (PLO), the Temple Mount; f (3) urges the international community to committed in his exchange of letters with FIFTH CIRCUIT COURT DECISION Israeli Prime Minister Yitzhak Rabin on join in forcefully condemning these Pales- September 9, 1993, that ‘‘the PLO renounces tinian terror attacks; Mr. SESSIONS. Mr. President, we the use of terrorism and other acts of vio- (4) clarifies that there is no justification had a very important court of appeals lence and will assume responsibility over all for these types of attacks and that there is a ruling last night. The Fifth Circuit PLO elements and personnel in order to as- direct correlation between the recent up- Court of Appeals reviewed the injunc- surge in violence and Arab incitement re- sure their compliance,’’ and under the subse- tion that had been issued by Judge quent 1995 Oslo II Accord, the Palestinians garding the Temple Mount; pledged to ‘‘abstain from incitement, includ- (5) stands with the people of Israel during Hanen in Texas, that blocked the ing hostile propaganda . . . [and to] take these difficult days; President’s determination to carry out legal measures to prevent such incitement (6) supports Israel’s right to self-defense his DAPA Executive amnesty plan. The by any organizations, groups or individuals and rejects any suggestion of the moral court found it improper and unlawful, within their jurisdiction’’; equivalence of Israeli security personnel pro- and ordered it to be stopped. Whereas the President of the Palestinian tecting its citizens from senseless violence It recalls for us the fact that when Authority, Mahmoud Abbas, wrongly an- and terrorists intent to deliberately take in- the President announced he was going nounced during the tenth anniversary of nocent lives; to do this no matter what—before the Yasser Arafat’s death in November 2014 that (7) supports the agreement reached to in- Israel has no claim to Jerusalem, that the stall surveillance cameras on the Temple election—great public outcry arose. Temple Mount will not be allowed to be Mount according to the arrangements to be Then he said—for political reasons, ob- ‘‘contaminated’’ by Jews, and that Jewish determined between the parties; viously—well, I am not going to do it prayer on the Temple Mount would lead to a (8) calls upon President Abbas to stop all before the election, but I will do it ‘‘devastating religious war’’; incitement by Palestinian officials and by after the election. That is when I will Whereas President Abbas falsely claimed Palestinian media, to strongly and unequivo- issue this Executive amnesty and give during his address to the United Nations cally demand an end to the violence, and to lawful presence and Federal benefits General Assembly in September 2015 that the take all steps necessary to halt these at- and Social Security cards and work au- Government of Israel has used ‘‘brutal force tacks; to impose its plans to undermine the Islamic (9) expresses support and admiration for in- thorization to millions of people—4.3 and Christian sanctities in Jerusalem’’ and dividuals and organizations working to en- million here in the country illegally. It announced that the Palestinian Authority is courage cooperation between Israelis and is a dramatic thing. So the country no longer bound by the Oslo Accords; Palestinians; was in an uproar about it. It was a big

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The President didn’t have au- tion to any illegal alien in the United I hope the American people under- thority to take people Congress has States—an untenable position in light of the stand that somewhere in this system said are here illegally and give them Immigration and Nationality Act’s intricate system of immigration classifications and there is a commitment to law and to food stamps, health care, Medicaid, and employment eligibility. Even with ‘‘special propriety and to the right of Congress. work authorization. It went against deference’’ to the Secretary, the INA flatly Congress is going to have to continue the law. He couldn’t do that. And he does not permit the reclassification of mil- to work on this. It should boldly assert found that this was such an egregious lions of illegal aliens as lawfully present and its prerogative to pass laws and its pre- action that it needed to be stopped now thereby make them newly eligible for a host rogative not to fund Executive amnes- through an injunction before the trial of federal and state benefits, including work ties, or any other program we don’t even completed. So it was that injunc- authorization. think is worthy of being funded. tion, that blocking of the President’s That is an absolute refutation of the Mr. President, I thank the Chair and amnesty, that went up on appeal to the President’s position, as well it should yield the floor. Fifth Circuit, and they upheld Judge be, because anybody who is familiar Hanen’s decision. with that debate last year knew that it f First, 26 States—over half the was bogus. The American people knew ADJOURNMENT UNTIL MONDAY, States—participated in this litigation that argument was bogus, and the NOVEMBER 16, 2015, AT 3 P.M. against the President’s order, and they court affirmed it just last night with were found to have legal standing. clarity and consistency. The PRESIDING OFFICER. The Sen- Then the court found this critical They said: Well, historically, the ate stands adjourned until 3 p.m. on legal fact: They found that the States Secretaries have done some of these Monday, November 16, under the provi- that were objecting to the President’s things. sions of H. Con. Res. 92. order were likely to succeed in the The court doubted that. Thereupon, the Senate, at 7:05 p.m., final court ruling and on appeal. They Quote: adjourned until Monday, November 16, found that it would likely succeed. And Historical practice that is so far afield 2015, at 3 p.m. they noted this, referring to the Sec- from the challenged program sheds no light f retary of Homeland Security: on the Secretary’s authority to implement DAPA. Indeed, as the district court recog- At its core, this case is about the Sec- nized, the President explicitly stated that CONFIRMATIONS retary’s decision to change the immigration ‘‘it was the failure of Congress to enact such classification of millions of illegal aliens on Executive nominations confirmed by a program that prompted him . . . to ‘change a class-wide basis. the Senate November 10, 2015: the law.’’’ FOREIGN SERVICE The Court went on to say: He asked for this. He asked for legis- DAPA would make 4.3 million otherwise lation to do this, and the House of Rep- FOREIGN SERVICE NOMINATIONS BEGINNING WITH removable aliens eligible for lawful presence, JENNIFER ANN AMOS AND ENDING WITH HOLLY ROTHE resentatives said no. And he did it any- WIELKOSZEWSKI, WHICH NOMINATIONS WERE RECEIVED employment authorization, and associated BY THE SENATE AND APPEARED IN THE CONGRESSIONAL benefits, and we must be guided to a degree way. And the court of appeals slapped RECORD ON JULY 8, 2015. by common sense as to the manner in which that down as being above the powers of FOREIGN SERVICE NOMINATIONS BEGINNING WITH KRESHNIK ALIKAJ AND ENDING WITH BRETT DAVID Congress is likely to delegate a policy deci- the President of the United States, as ZISKIE, WHICH NOMINATIONS WERE RECEIVED BY THE sion of such economic and political mag- indeed it is. SENATE AND APPEARED IN THE CONGRESSIONAL nitude to an administrative agency. RECORD ON SEPTEMBER 8, 2015. The court found that this DAPA Pro- FOREIGN SERVICE NOMINATIONS BEGINNING WITH They basically were saying that they gram is foreclosed by Congress’s care- JASON DOUGLAS KALBFLEISCH AND ENDING WITH STU- ART MACKENZIE HATCHER, WHICH NOMINATIONS WERE see no evidence that such a huge event ful plan. Quote: ‘‘The program is ‘mani- RECEIVED BY THE SENATE AND APPEARED IN THE CON- would be delegated to the administra- festly contrary to statute’ and there- GRESSIONAL RECORD ON SEPTEMBER 21, 2015. tive bureaucrats at the Department of fore was properly enjoined.’’ f Homeland Security. Congress, in fact, I The President of the United States believe—and the court went on to say— has a duty to the law, a duty to enforce WITHDRAWAL explicitly laid out how we deal with the law whether he likes it or not, and Executive Message transmitted by this. he has a duty to carry out the law. the President to the Senate on Novem- The Fifth Circuit rejected President That is his oath. He is the Chief Execu- ber 10, 2015 withdrawing from further Obama’s claim that he could issue em- tive. He is the person responsible for Senate consideration the following ployment documents—the right to ensuring that the laws of the United nomination: work in America—to persons illegally States are carried out, and he breached here in any way he sees fit. That is his duty and took steps to absolutely AIR FORCE NOMINATION OF BRIG. GEN. RANDALL R. BALL, TO BE MAJOR GENERAL, WHICH WAS SENT TO THE what the administration argued. eviscerate law passed by Congress. And SENATE ON FEBRUARY 4, 2015.

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House of Representatives to S. 1356, National Defense Authorization Act. Senate passed H.R. 2029, Military Construction and Veterans Affairs and Related Agencies Appropriations Act, as amended. Senate Adopted: Chamber Action Kirk (for Moran) Amendment No. 2774 (to Routine Proceedings, pages S7869–S7957 Amendment No. 2763), to prohibit the use of funds Measures Introduced: Twenty bills and one resolu- to pay for the transfers or relocations of senior execu- tion were introduced, as follows: S. 2262–2281, and tives of the Department of Veterans Affairs. S. Res. 312. Pages S7912–13 Page S7879 Measures Reported: McConnell (for Murkowski) Amendment No. 2775 (to Amendment No. 2763), to require the Report to accompany S. 1334, to strengthen en- Comptroller General of the United States to submit forcement mechanisms to stop illegal, unreported, to Congress a report evaluating the implementation and unregulated fishing, to amend the Tuna Conven- by the Department of Veterans Affairs of section 101 tions Act of 1950 to implement the Antigua Con- of the Veterans Access, Choice, and Accountability vention. (S. Rept. No. 114–166) Act of 2014. Page S7879 S. Res. 302, expressing the sense of the Senate in McConnell (for Murkowski) Amendment No. support of Israel and in condemnation of Palestinian 2776 (to Amendment No. 2763), to require the Sec- terror attacks. Page S7912 retary of Veterans Affairs to submit to Congress a re- Measures Passed: port on the provision of health care to veterans in National Defense Authorization Act: Senate Alaska through the use of non-Department of Vet- agreed to H. Con. Res. 90, directing the Secretary erans Affairs health care providers. Page S7879 of the Senate to make a technical correction in the Tester (for Blumenthal) Amendment No. 2779 (to enrollment of S. 1356, after taking action on the fol- Amendment No. 2763), to require that amounts ap- lowing amendment proposed thereto: Page S7878 propriated to the Department of Veterans Affairs for Adopted: medical and prosthetic research are used to ensure McCain Amendment No. 2796, to modify the res- the provision of gender appropriate prosthetics and olution. Page S7878 to conduct research related to toxic exposure. Military Construction and Veterans Affairs and Page S7879 Related Agencies Appropriations Act: By a unani- Tester (for Blumenthal) Amendment No. 2781 (to mous vote of 93 yeas (Vote No. 302), Senate passed Amendment No. 2763), to require that amounts ap- H.R. 2029, making appropriations for military con- propriated to the Department of Veterans Affairs for struction, the Department of Veterans Affairs, and medical supplies and equipment are used to procure related agencies for the fiscal year ending September gender appropriate prosthetics. Page S7879 30, 2016, after withdrawing the committee reported Kirk (for Toomey/Casey) Amendment No. 2785 substitute amendment, and taking action on the fol- (to Amendment No. 2763), to prohibit the use of lowing amendments proposed thereto: funds to carry out Fast Letter 13–10 or create or maintain certain patient record-keeping systems. Pages S7871–75, S7878–81 Page S7879 D1203

VerDate Sep 11 2014 06:33 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 smartinez on DSK4TPTVN1PROD with DIGEST D1204 CONGRESSIONAL RECORD — DAILY DIGEST November 10, 2015 Kirk (for Sullivan/Murkowski) Amendment No. to veterans by the Department of Veterans Affairs, 2786 (to Amendment No. 2763), to require the to improve the processing by the Department of Comptroller General of the United States to submit claims for disability compensation, after agreeing to to Congress a report on the recruitment and reten- the committee amendment in the nature of a sub- tion of health care providers by the Department of stitute, the title amendment, and the following Veterans Affairs. Page S7879 amendment proposed thereto: Pages S7939–54 Kirk (for Sullivan) Amendment No. 2787 (to Murkowski (for Isakson) Amendment No. 2806, Amendment No. 2763), to require the Secretary of relating to reports on public access to Department of Veterans Affairs to submit to Congress a report on Veterans Affairs research. Page S7946 the implementation by the Department of Veterans SPACE Act: Committee on Commerce, Science, Affairs of section 101 of the Veterans Access, Choice, and Transportation was discharged from further con- and Accountability Act of 2014 in rural areas. sideration of H.R. 2262, to facilitate a pro-growth Page S7880 environment for the developing commercial space in- Kirk (for Collins) Amendment No. 2788 (to dustry by encouraging private sector investment and Amendment No. 2763), to require a report on the creating more stable and predictable regulatory con- use of social security numbers by the Department of ditions, and the bill was then passed, after agreeing Veterans Affairs and the plans of the Secretary of to the following amendment proposed thereto: Veterans Affairs to discontinue such use. Page S7880 Kirk (for Cornyn/Cruz) Amendment No. 2789 (to Page S7954 Amendment No. 2763), to require the Secretary of Murkowski (for Cruz) Amendment No. 2805, in Veterans Affairs to submit to Congress a report on the nature of a substitute. Page S7954 wait times for medical appointments at the South Promote Pro Bono Legal Services: Senate passed Texas Veterans Health Care System of the Depart- S. 2280, to promote pro bono legal services as a crit- ment of Veterans Affairs. Page S7880 ical way in which to empower survivors of domestic Tester (for Bennet) Amendment No. 2795 (to violence. Pages S7954–55 Amendment No. 2763), to require the Secretary of Expressing Support of Israel: Senate agreed to S. Veterans Affairs to conduct a study on the impact Res. 302, expressing the sense of the Senate in sup- of combat service on suicide rates and other mental port of Israel and in condemnation of Palestinian ter- health issues among members of the Armed Forces ror attacks, after agreeing to the following amend- and veterans. Page S7880 ments proposed thereto: Pages S7955–56 Tester (for Durbin) Amendment No. 2794 (to Murkowski (for Blumenthal) Amendment No. Amendment No. 2763), to modify the amounts ap- 2807, to urge the international community to con- propriated to the Department of Veterans Affairs for demn the Palestinian terror attacks. Page S7955 medical services and medical and prosthetic research. Murkowski (for Blumenthal) Amendment No. Page S7880 2808, to add a whereas clause regarding President Tester (for Boxer) Amendment No. 2798 (to Obama’s condemnation of Palestinian violence Amendment No. 2763), to make available against innocent Israeli citizens. Page S7956 $5,000,000 for a pilot program on awarding grants to provide furniture, household items, and other as- House Messages: sistance to formerly homeless veterans moving into National Defense Authorization Act: By 91 yeas permanent housing. Page S7880 to 3 nays (Vote No. 301), Senate agreed to the mo- Tester (for Brown/Tillis) Amendment No. 2801 tion to concur in the amendment of the House of (to Amendment No. 2763), to require the Secretary Representatives to S. 1356, to clarify that certain of Veterans Affairs to develop and publish an action provisions of the Border Patrol Agent Pay Reform plan for improving the vocational rehabilitation serv- Act of 2014 will not take effect until after the Di- ices and assistance provided by the Department of rector of the Office of Personnel Management pro- Veterans Affairs. Page S7880 mulgates and makes effective regulations relating to Kirk/Tester Amendment No. 2763, in the nature such provisions. Pages S7875–78 of a substitute. Pages S7871, S7881 Developing a Reliable and Innovative Vision for Withdrawn: the Economy Act—Motions To Instruct Con- Kirk Amendment No. 2764 (to Amendment No. ferees: Senate began consideration of the amendment 2763), to clarify the term ‘‘congressional defense of the House of Representatives to the amendment committees.’’ Pages S7871, S7881 of the Senate to H.R. 22, to authorize funds for Fed- 21st Century Veterans Benefits Delivery Act: eral-aid highways, highway safety programs, and Senate passed S. 1203, to amend title 38, United transit programs, disagreed to the amendment of the States Code, to improve the furnishing of health care House of Representatives to the amendment of the

VerDate Sep 11 2014 06:33 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 smartinez on DSK4TPTVN1PROD with DIGEST November 10, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D1205 Senate to the bill, agreed to the request from the back of time, Senate vote on confirmation of the House of Representatives for a conference, and au- nomination, without intervening action or debate; thorized the Presiding Officer to appoint conferees, and that no further motions be in order to the nomi- after taking action on the following motions to in- nation. Page S7955 struct conferees on the part of the Senate on the dis- Nominations Confirmed: Senate confirmed the fol- agreeing votes of the two Houses on the bill to be lowing nominations: instructed to insist on the inclusion in the final con- Routine lists in the Foreign Service. ference report the following motions proposed there- Pages S7955, S7957 to: Pages S7881–87 Adopted: Nominations Received: Senate received the fol- By 56 yeas to 31 nays (Vote No. 304), Wicker lowing nominations: Motion to Instruct Conferees to insist upon inclusion Beth F. Cobert, of California, to be Director of the of the following section in title XXXII: Truck Trac- Office of Personnel Management for a term of four tor-Semitrailer-Trailer Combination Length Limita- years. tion. The Secretary may promulgate a rule to in- A routine list in the Foreign Service. crease the minimum length limitation that a State Pages S7955, S7957 may prescribe for a truck tractor-semitrailer-trailer Nomination Withdrawn: Senate received notifica- combination under section 31111(b)(1)(A) of title tion of withdrawal of the following nomination: 49, United States Code, from 28 feet to 33 feet if 1 Air Force nomination in the rank of general. the Secretary makes a statistically significant finding, Page S7957 based on the final Comprehensive Truck Size and Weight Limit Study required under section 32801 Messages from the House: Page S7911 of the Commercial Motor Vehicle Safety Enhance- Executive Communications: Pages S7911–12 ment Act of 2012 (title II of division C of Public Additional Cosponsors: Pages S7913–15 Law 112–141), that such increase would not have a Statements on Introduced Bills/Resolutions: net negative impact on public safety. Pages S7886–87 Blumenthal Motion to Instruct Conferees to insist Pages S7915–17 upon the inclusion of the rail safety provisions con- Additional Statements: Pages S7910–11 tained in the amendment passed by the Senate on Amendments Submitted: Pages S7918–38 July 30, 2015, including the authorization of grants for the installment of positive train control. Authorities for Committees to Meet: Pages S7938–39 Page S7887 During consideration of this measure today, Senate Record Votes: Four record votes were taken today. also took the following action: (Total—304) Pages S7878, S7881, S7886–87 By 82 yeas to 7 nays (Vote No. 303), three-fifths Adjournment: Senate convened at 10 a.m. and ad- of those Senators duly chosen and sworn, having journed, pursuant to the provisions of H. Con. Res. voted in the affirmative, Senate agreed to the motion 92, at 7:05 p.m., until 3 p.m. on Monday, Novem- to close further debate on the motion to disagree to ber 16, 2015. (For Senate’s program, see the remarks the amendment of the House of Representatives to of the Acting Majority Leader in today’s Record on the amendment of the Senate to the bill, agree to page S7957.) the request from the House of Representatives for a conference, and authorize the Presiding Officer to appoint conferees. Page S7886 Committee Meetings The Chair was authorized to appoint the following conferees on the part of the Senate: Senators Inhofe, (Committees not listed did not meet) Thune, Hatch, Murkowski, Fischer, Barrasso, Cor- nyn, Boxer, Brown, Nelson, Wyden, Durbin, and GOLDWATER-NICHOLS REFORM Schumer. Page S7887 Committee on Armed Services: Committee concluded a Hall Nomination—Agreement: A unanimous-con- hearing to examine 30 years of Goldwater-Nichols sent-time agreement was reached providing that at 5 reform, after receiving testimony from John J. p.m., on Monday, November 16, 2015, Senate begin Hamre, Center for Strategic and International Stud- consideration of the nomination of LaShann ies, on behalf of the Defense Policy Board Advisory Moutique DeArcy Hall, of New York, to be United Committee, James R. Locher III, Joint Special Oper- States District Judge for the Eastern District of New ations University, and Jim Thomas, Center for Stra- York; that there be 30 minutes of debate on the tegic and Budgetary Assessments, all of Washington, nomination, and that following the use or yielding D.C.

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BUSINESS MEETING Washington on February 4, 2010, with a Protocol Committee on Foreign Relations: Committee ordered fa- signed the same day, as corrected by exchanges of vorably reported the following business items: notes effected February 25, 2011, and February 10 S. 2184, to direct the President to establish and 21, 2012, and a related agreement effected by guidelines for United States foreign development and exchange of notes (the ‘‘related Agreement’’) on Feb- economic assistance programs, with an amendment ruary 4, 2010 (Treaty Doc. 112–08); in the nature of a substitute; The Protocol Amending the Convention on Mu- H.R. 515, to protect children from exploitation, tual Administrative Assistance in Tax Matters, done especially sex trafficking in tourism, by providing at Paris on May 27, 2010 (the ‘‘proposed Protocol’’), advance notice of intended travel by registered child- which was signed by the United States on May 27, sex offenders outside the United States to the gov- 2010 (Treaty Doc. 112–05); ernment of the country of destination, requesting The Protocol Amending the Convention between foreign governments to notify the United States the United States of America and the Kingdom of when a known child-sex offender is seeking to enter Spain for the Avoidance of Double Taxation and the the United States, with amendments; Prevention of Fiscal Evasion with Respect to Taxes S. Res. 302, expressing the sense of the Senate in on Income and its Protocol, signed at Madrid on support of Israel and in condemnation of Palestinian February 22, 1990 (Treaty Doc. 113–04); terror attacks; The Convention between the United States of An original resolution calling upon the President America and the Republic of Poland for the Avoid- to condemn the ongoing sexual violence against ance of Double Taxation and the Prevention of Fiscal women and children from Yezidi, Christian, Shabak, Evasion with Respect to Taxes on Income, signed on Turkmen, and other religious communities by Is- February 13, 2013, at Warsaw (Treaty Doc. lamic State of Iraq and Syria militants and to urge 113–05); the prosecution of the perpetrators and those The Protocol Amending the Convention between complicit in these crimes; the Government of the United States of America and Protocol Amending the Convention between the the Government of Japan for the Avoidance of Dou- United States of America and the Swiss Confed- ble Taxation and the Prevention of Fiscal Evasion eration for the Avoidance of Double Taxation with with respect to Taxes on Income and a related agree- Respect to Taxes on Income, signed at Washington ment entered into by an exchange of notes (together on October 2, 1996, signed on September 23, 2009, the ‘‘proposed Protocol’’), both signed on January at Washington, as corrected by an exchange of notes 24, 2013, at Washington, together with correcting effected November 16, 2010 and a related agreement notes exchanged March 9 and March 29, 2013 (Trea- effected by an exchange of notes on September 23, ty Doc. 114–01); and 2009 (Treaty Doc. 112–01); The nominations of Linda I. Etim, of Wisconsin, Protocol Amending the Convention between the to be an Assistant Administrator of the United Government of the United States of America and the States Agency for International Development, Ken- Government of the Grand Duchy of Luxembourg for neth Damian Ward, of Virginia, for the rank of Am- the Avoidance of Double Taxation and the Preven- bassador during his tenure of service as United States tion of Fiscal Evasion with Respect to Taxes on In- Representative to the Organization for the Prohibi- come and Capital, signed on May 20, 2009, at Lux- tion of Chemical Weapons, John Morton, of Massa- embourg (the ‘‘proposed Protocol’’) and a related chusetts, to be Executive Vice President of the Over- agreement effected by the exchange of notes also seas Private Investment Corporation, and Roberta S. signed on May 20, 2009 (Treaty Doc. 111–08); Jacobson, of Maryland, to be Ambassador to the Convention between the Government of the United Mexican States, Marc Jonathan Sievers, of United States of America and the Government of the Maryland, to be Ambassador to the Sultanate of Republic of Hungary for the Avoidance of Double Oman, Elisabeth I. Millard, of Virginia, to be Am- Taxation and the Prevention of Fiscal Evasion with bassador to the Republic of Tajikistan, Deborah R. Respect to Taxes on Income, signed on February 4, Malac, of Virginia, to be Ambassador to the Repub- 2010, at Budapest (the ‘‘proposed Convention’’) and lic of Uganda, Lisa J. Peterson, of Virginia, to be a related agreement effected by an exchange of notes Ambassador to the Kingdom of Swaziland, H. Dean on February 4, 2010 (Treaty Doc. 111–07); Pittman, of the District of Columbia, to be Ambas- The Convention between the Government of the sador to the Republic of Mozambique, Peter Wil- United States of America and the Government of the liam Bodde, of Maryland, to be Ambassador to Republic of Chile for the Avoidance of Double Tax- Libya, and Thomas A. Shannon, Jr., of Virginia, to ation and the Prevention of Fiscal Evasion with Re- be an Under Secretary (Political Affairs), all of the spect to Taxes on Income and Capital, signed in Department of State.

VerDate Sep 11 2014 06:33 Nov 11, 2015 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10NO5.REC D10NOPT1 smartinez on DSK4TPTVN1PROD with DIGEST November 10, 2015 CONGRESSIONAL RECORD — DAILY DIGEST D1207 ISIS IN SYRIA INTELLIGENCE Committee on Foreign Relations: Committee received a Select Committee on Intelligence: Committee met in closed briefing on the campaign against ISIS in Syria closed session to receive a briefing on certain intel- from Brett McGurk, Deputy Special Presidential ligence matters from officials of the intelligence Envoy for the Global Coalition to Counter ISIL, De- community. partment of State. h House of Representatives H.R. 623, to amend the Homeland Security Act Chamber Action of 2002 to authorize the Department of Homeland The House was not in session today. The House Security to establish a social media working group. is scheduled to meet at 2 p.m. on Monday, Novem- Signed on November 5, 2015. (Public Law 114–80) ber 16, 2015, pursuant to the provisions of H. Con. H.R. 774, to strengthen enforcement mechanisms Res. 92. to stop illegal, unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to im- Committee Meetings plement the Antigua Convention. Signed on Novem- No hearings were held. ber 5, 2015. (Public Law 114–81) H.R. 1442, to designate the facility of the United States Postal Service located at 90 Cornell Street in Joint Meetings Kingston, New York, as the ‘‘Staff Sergeant Robert No joint committee meetings were held. H. Dietz Post Office Building’’. Signed on Novem- f ber 5, 2015. (Public Law 114–82) H.R. 1884, to designate the facility of the United NEW PUBLIC LAWS States Postal Service located at 206 West Commer- (For last listing of Public Laws, see DAILY DIGEST, p. D1174) cial Street in East Rochester, New York, as the ‘‘Of- H.R. 313, to amend title 5, United States Code, ficer Daryl R. Pierson Memorial Post Office Build- to provide leave to any new Federal employee who ing’’. Signed on November 5, 2015. (Public Law is a veteran with a service-connected disability rated 114–83) at 30 percent or more for purposes of undergoing H.R. 3059, to designate the facility of the United medical treatment for such disability. Signed on No- States Postal Service located at 4500 SE 28th Street, vember 5, 2015. (Public Law 114–75) Del City, Oklahoma, as the James Robert Kalsu Post H.R. 322, to designate the facility of the United Office Building. Signed on November 5, 2015. States Postal Service located at 16105 Swingley (Public Law 114–84) Ridge Road in Chesterfield, Missouri, as the ‘‘Sgt. S. 1362, to amend title XI of the Social Security Zachary M. Fisher Post Office’’. Signed on Novem- Act to clarify waiver authority regarding programs of ber 5, 2015. (Public Law 114–76) all-inclusive care for the elderly (PACE programs). H.R. 323, to designate the facility of the United Signed on November 5, 2015. (Public Law 114–85) States Postal Service located at 55 Grasso Plaza in St. S. 2162, to establish a 10-year term for the service Louis, Missouri, as the ‘‘Sgt. Amanda N. Pinson Post of the Librarian of Congress. Signed on November 5, Office’’. Signed on November 5, 2015. (Public Law 2015. (Public Law 114–86) 114–77) f H.R. 324, to designate the facility of the United States Postal Service located at 11662 Gravois Road COMMITTEE MEETINGS FOR WEDNESDAY, in St. Louis, Missouri, as the ‘‘Lt. Daniel P. Riordan NOVEMBER 11, 2015 Post Office’’. Signed on November 5, 2015. (Public (Committee meetings are open unless otherwise indicated) Law 114–78) H.R. 558, to designate the facility of the United Senate States Postal Service located at 55 South Pioneer No meetings/hearings scheduled. Boulevard in Springboro, Ohio, as the ‘‘Richard ‘Dick’ Chenault Post Office Building’’. Signed on House November 5, 2015. (Public Law 114–79) No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, November 16 2 p.m., Monday, November 16

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House was not in session morning business (not to extend beyond 5 p.m.), Senate today. The House is scheduled to meet at 2 p.m. on will begin consideration of the nomination of LaShann Monday, November 16, 2015, pursuant to the provisions Moutique DeArcy Hall, to be United States District of H. Con. Res. 92. Judge for the Eastern District of New York, with a vote on confirmation of the nomination at approximately 5:30 p.m.

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