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

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

Vol. 161 WASHINGTON, THURSDAY, FEBRUARY 12, 2015 No. 24 Senate The Senate met at 9:30 a.m. and was The PRESIDING OFFICER. The policy of pivoting to Asia a real one. called to order by the President pro clerk will report the motion. Past drawdowns of conventional power tempore (Mr. HATCH). The assistant legislative clerk read and failure to modernize the American f as follows: force have encouraged foes and unset- Motion to proceed to Calendar No. 5, H.R. tled friends. So it is time to invest in PRAYER 240, a bill making appropriations for the De- the platforms and the capabilities The Chaplain, Dr. Barry C. Black, of- partment of Homeland Security for the fiscal needed to address effectively China’s fered the following prayer: year ending September 30, 2015, and for other military buildup, and the next Sec- Let us pray. purposes. retary must also support the Chairman O God of light, in whom there is no CARTER NOMINATION of the Joint Chiefs of Staff when he darkness, thank You for Your love. Mr. MCCONNELL. Mr. President, provides his best military advice to the You are a guide who gently leads us. later today the Senate will consider President, especially when that advice You are a mystery but not a puzzle, the nomination of Ash Carter to be the is ignored in the White House. profound but not incomprehensible. next Secretary of Defense. In the Senate I will do all I can to You are loving but not sentimental, pa- If I could place one demand on him, support the next Secretary. That starts tient and long-suffering but not weak it would be to leave our Armed Forces today. I intend to support Ash Carter’s and indecisive. O God, You are all in a better position to deal with global nomination, but my support is condi- things that we are not but need to be. threats than they are today. As I have tioned on this request: The incoming You, O God, with steadiness and per- noted in the past, the overall con- Secretary needs to have the courage to severance, move in the lives of human- sequence of many of the President’s speak truth to power—to Congress, yes, ity and in the life of the whole world policies have been to weaken our abil- but also to his Commander in Chief. and its events. Awaken our lawmakers ity to confront Al Qaeda and its affili- I yield the floor. to Your inescapable presence. Enable ates, the Taliban, and associated RECOGNITION OF THE ACTING MINORITY LEADER them to feel You in their midst as they groups. The PRESIDING OFFICER. The as- grapple with the problems of our time. The President’s inflexible commit- sistant Democratic leader is recog- And, Lord, we thank You for the ment to campaign promises made in nized. many years of faithful service by 2008 has led to artificial deadlines for Mr. DURBIN. Mr. President, I have Kathie Alvarez. withdrawal from Afghanistan, a rushed been trying to understand what has We pray in Your great Name. Amen. withdrawal from Iraq, and Executive been holding up the funding for the De- f orders to close Guantanamo and send partment of Homeland Security. detainees back home to places such as The Department of Homeland Secu- PLEDGE OF ALLEGIANCE Yemen and Afghanistan. It has also led rity is the agency we created after 9/11 The President pro tempore led the essentially to end America’s ability to that merged 22 different agencies of our Pledge of Allegiance, as follows: capture, detain, and interrogate terror- government to make sure that 9/11 I pledge allegiance to the Flag of the ists—whether or not we are still at war never happened again. We created this United States of America, and to the Repub- with Al Qaeda. new Department, and we said to them: lic for which it stands, one nation under God, The truth is Al Qaeda was at war Keep America safe. Use our tax re- indivisible, with liberty and justice for all. with us before we went to war with sources and your best efforts to keep f them, and today we face a diffuse and America safe. Thank goodness that we versatile threat from terrorists, with have not had a repeat of that terrible RECOGNITION OF THE MAJORITY ISIL intent on striking America and tragedy of 9/11 since—under either Re- LEADER its allies. publican or Democratic Presidents. The PRESIDING OFFICER (Mr. The next Secretary of Defense needs When we started debating about HELLER). The majority leader is recog- to explain to the President that draw- funding the agencies of government in nized. ing down in Afghanistan—based on an December with an omnibus budget bill, f artificial deadline—risks the gains we the House Republicans said: We will have made there. He needs to explain fund the entire Government of the DEPARTMENT OF HOMELAND SE- that the Haqqani network and the United States, but we will not give reg- CURITY APPROPRIATIONS ACT, Taliban continue to threaten our al- ular budget appropriations to the De- 2015—MOTION TO PROCEED lies. partment of Homeland Security. They Mr. MCCONNELL. Mr. President, I The next Secretary of Defense must singled out the one department respon- move to proceed to H.R. 240. do all he can to make a declaratory sible for our safety and security and

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

S947

.

VerDate Sep 11 2014 00:00 Feb 13, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S948 CONGRESSIONAL RECORD — SENATE February 12, 2015 said: We will give them temporary U.S. air, land, and sea borders; safe- was—but for one bump in the road on a funding. guard and streamline lawful trade and Thursday night—a great spirit of co- In fact, the funding for this round travel; and disrupt and dismantle operation. Amendments were being of- ends February 27, in 15 days. So we are transnational, criminal, and terrorist fered on the Democratic side and on in an almost impossible-to-explain sit- organizations. the Republican side. Some were con- uation where the agency with the pre- The list goes on and on. What is it troversial, and people didn’t want to mier responsibility of keeping America that is holding up this appropriation? vote on them. But I happened to wel- safe is not being adequately funded to It took some research, but I found come what happened on the floor. I do its job. Now, we know we live in a what is holding it up. think that active debate, deliberation, dangerous time in the world’s history. It is this young woman on the poster. and all these amendments were the Evidence continues to be shown of the Her name is Herta Llusho. Herta right thing to do, even though I dis- ruthless, barbaric tactics of extremist Llusho was brought to the United agreed with the basic bill, the Key- groups such as ISIS. States from Albania at the age of 11. stone Canadian pipeline bill that came Kayla Mueller, this magnificent She grew up in Grosse Pointe, MI, a before us. We took it through to its young woman—I believe 26 years old— suburb of Detroit. She quickly learned conclusion. taken captive by ISIS, was killed by English and became an academic star. There were countless times when any them. They murdered a Jordanian pilot She graduated from Grosse Pointe Democrat could have stood up, ob- by burning him alive. They beheaded South High School with a 4.05 grade jected and stopped the Senate for 30 the Japanese journalist. So we know point average. In high school, Herta hours or 60 hours, as we saw over the they are ruthless and barbaric, and we was a member of the varsity track past several years. We did not do that. know that they are extending their team, won an Advanced Placement We tried in a spirit of bipartisanship reach. Scholar Award, and was a member of to engage in an active debate, even on Well, we are doing what we must do the National Honor Society. an issue where we knew the Repub- with the Department of Defense when Herta went on to the University of licans would prevail. I think that was it comes to stopping them, but we are Detroit Mercy, and she graduated with the right thing to do. not doing enough when it comes to the honors with a major in electrical engi- Sadly, in the past 2 weeks, we have Department of Homeland Security be- neering. While Herta was in college, fallen back into bad habits. There has cause we are not funding this agency as she completed internships at engineer- been this insistence by Speaker BOEH- it should be funded. It has been singled ing companies, was very involved in NER that the Homeland Security bill out by the House Republicans as the her community, and volunteered at not go forward to fund this critical only agency that doesn’t receive reg- homeless shelters, tutoring programs, agency unless they can challenge ular appropriations. and in her church. President Obama on immigration We sat down with Secretary Johnson Listen to what her friends say about issues. and asked him: Well, what impact does Herta Llusho: Why are they doing this? Why are it have on you, on managing your De- I am humbled by Herta’s willingness and they endangering the safety of the partment when it comes to temporary desire to serve. I have had the privilege of United States of America? funding, as opposed to a regular budg- going to the same church at which she faith- Is it because of Herta Llusho and et? fully serves. She spends hours tutoring kids their determination to make sure this He said: I can’t make grants to fire and volunteering with the junior high Sun- spectacular young woman leaves Amer- departments in Illinois, Nevada or Ari- day school class. It’s a joy to watch so many ica, is deported back to Albania, a zona. The fire departments come to me kids run up to her at church because of the country she barely remembers? Is that and say: Our firefighters need better love they receive when they are with her. why we are doing this? If it is, it is sad. training; can you give us a Federal Herta, after she graduated, learned In fact, it borders on being disgraceful. grant for that purpose? that she could be protected from depor- We need to pass a clean Homeland Or if they need equipment to keep tation—because she is undocumented— Security bill. We need to do it now. We themselves safe, he said: I can’t give with a Presidential order called DACA. can take up the debate on immigration the grants because I am under a con- It is Deferred Action for Childhood Ar- any time the Speaker and the majority tinuing resolution. rivals, and it was an Executive order leader want to bring it up. It is within If we look at the budget for this De- by President Obama which says that their power to call the next issue we partment of Homeland Security, hon- Herta Llusho could be a DREAMer, al- are going to debate. estly, there is no real disagreement on lowed to stay in the United States, and I sincerely hope that before we leave how much they should receive. When will not be deported. for the President’s week break that we we look at this budget of $47.8 billion, It turns out that Herta Llusho is the call up this bill; that we debate it and it raises some obvious questions. reason why we can’t fund the Depart- pass it, so we can make sure America is I wish to mention for the record some ment of Homeland Security, in the safe in this age of terrorism, and then of the items the money is used for. minds of Republican leaders. They be- let’s save for another day the debate on There is $8.5 billion, roughly, for the lieve she needs to be deported first be- Herta and the thousands just like her Coast Guard. We know the Coast fore we fund the Department of Home- and what their fate and future will be Guard’s responsibilities—focusing on land Security. in the United States of America. preventing terrorist attacks; address- I hate to put that burden on Herta’s Some Republicans have stepped up ing evolving threats to our maritime shoulders, but she and many like her recently and joined us in our effort. I and transportation systems as well as are at the center of this debate—600,000 thank the Presiding Officer for the the global supply chain; preventing the young people, many of them people time he joined us on the rollcall. Yes- unauthorized acquisition, importation, such as Herta Llusho, who came to this terday, my colleague Senator KIRK, and use of chemical, biological, radio- country as children, made a great from the State of Illinois, made a logical, and explosive materials. That record in high school, have no criminal statement on this issue. He said: My is what the Coast Guard is supposed to issues whatsoever, and who want to be hope is that we pass the Homeland Se- do. I said $8.5 billion, but it looks like part of America’s future. And what we curity appropriations bill clean now. I it is $10 billion in total that is supposed are hearing from Republican leadership would think we should just pass a reg- to go to the Coast Guard. But it is is that we will not fund the Depart- ular appropriations bill under regular being held up by this continuing reso- ment of Homeland Security to protect order. Republican Senator JEFF FLAKE lution. America until they deport Herta said: To attempt to use a spending bill We have to ask ourselves: What is Llusho. That is what the House bill to try to poke a finger in the Presi- stopping us from funding the Coast says. It makes no sense whatsoever. dent’s eye is not a good move, in my Guard properly so they can protect us? We were off to a flying start in the mind. How about Customs and Border Pro- Senate. We had 3 straight weeks of de- More and more Republican Senators tection: There are $12.5 billion for Cus- bate and 30 to 40 amendments from are speaking up. I hope the leadership toms and Border Protection to secure both sides of the aisle. I thought there is listening and I hope the Speaker is

VerDate Sep 11 2014 00:00 Feb 13, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.002 S12FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 12, 2015 CONGRESSIONAL RECORD — SENATE S949 listening. If we want a debate on immi- As Under Secretary of Defense for ocrat. There is no opposition to Loret- gration, let’s have it. I am anxious to Acquisition, Technology and Logistics, ta Lynch. tell the story of Herta and many others he was renowned for breaking through Why are they holding up this impor- and to appeal to my colleagues on a bi- bureaucratic logjams to get our troops tant appointment by President Obama? partisan basis to come up with sensible what they needed, when they needed it. Why don’t we consider that this after- immigration reform. But let us not We talked about this at some length noon? It can be done, and it should be withhold funding from this critical when we met in my office a few weeks done very quickly. agency while we are embroiled in this ago. How can we continue, I asked him, Nobody has questioned her record as political squabble. to reform DOD so that it will be able to a Federal prosecutor. She has twice be- I yield the floor. rise to the occasion of today’s chal- fore been unanimously confirmed to serve as U.S. Attorney for the Eastern RESERVATION OF LEADER TIME lenges? District of New York. She has been vet- The PRESIDING OFFICER. Under As part of the discussion, I was pleased to hear his appreciation for the ted and examined and questioned to a the previous order, the leadership time fare-thee-well. She testified before the is reserved. organic industrial base of the Depart- ment of Defense, especially one near Senate Judiciary Committee for nearly f and dear to my heart, the Rock Island 8 hours, answering every question, in- MORNING BUSINESS Arsenal in Illinois. cluding 600 written questions that were He recalled his experience in Afghan- sent to her. The PRESIDING OFFICER. Under It is time to move forward and con- istan as he tried to bring our troops the the previous order, the Senate will be firm this obviously well-qualified and body armor and armored humvees they in a period of morning business for 1 historic nominee. hour, with Senators permitted to speak needed. He also recalled working along- The Senate Judiciary Committee will therein for up to 10 minutes, with the side the great dedicated employees at have the opportunity to report Ms. Democrats controlling the first half the Rock Island Arsenal as they deliv- Lynch out this week. We have the op- and the majority controlling the final ered the necessary lifesaving equip- portunity to confirm her immediately. half. ment to our troops and rolled it off There is no reason for further delay. The Senator from Illinois. their assembly lines in record time. What are the Senate Republicans try- I am confident Dr. Carter can steer f ing to prove by holding up an obviously the Department of Defense through dif- qualified nominee for a critically im- CARTER NOMINATION ficult times and provide the President portant agency such as the Department with the best policy advice to deal with Mr. DURBIN. Mr. President, I rise to of Justice? our Nation’s challenges. He has my full express my support for the President’s I hope the spirit of bipartisanship support. nominee, Dr. Ashton Carter, to serve as shown in that committee can be shown our Nation’s 25th Secretary of Defense. f on the floor of the Senate. LYNCH NOMINATION Mr. President, I yield the floor. SECRETARY OF DEFENSE CHUCK HAGEL I suggest the absence of a quorum. Let me first say a few words of Mr. DURBIN. Mr. President, while I The PRESIDING OFFICER. The thanks to Chuck Hagel, our former col- am pleased the Senate is moving, and clerk will call the roll. league in the Senate, who has served as moving quickly, on Ashton Carter, I The assistant legislative clerk pro- Secretary of Defense. He is a friend, he am troubled that my colleagues across ceeded to call the roll. has had a long career in public service, the aisle are delaying consideration of Mr. MURPHY. Mr. President, I ask and he is a veteran of Vietnam. The Loretta Lynch, the President’s nomi- unanimous consent that the order for people of Nebraska rewarded him by nee for Attorney General of the United the quorum call be rescinded. asking him to represent them in the States. It has been 96 days since the The PRESIDING OFFICER. Without United States Senate. President announced the nomination. objection, it is so ordered. As our Nation’s first person of en- This is longer than any other Attorney Mr. MURPHY. Mr. President, I ask listed rank to serve as Secretary of De- General nominee has had to wait in re- unanimous consent to speak for up to fense, he had a unique, ground-level cent memory. By way of comparison, 15 minutes. view on matters of war and peace, and the Democratic-controlled Senate con- The PRESIDING OFFICER. Without a strong commitment to our troops. I firmed Michael Mukasey as Attorney objection, it is so ordered. thank Chuck Hagel for his service and General in 53 days, Eric Holder in 64 f his family for their sacrifices over the days. AUMF last 2 years. I sat through the hearings with Lo- Mr. MURPHY. Mr. President, to her Dr. Carter has an impressive and dis- retta Lynch, and I listened to the ques- high school classmates it was pretty tinguished record of service as well in tions, particularly from the Republican clear what kind of person Kayla government, as an adviser and as a side, because most all Democrats I Mueller was going to turn out to be. As scholar. He has what it takes to be a know of are supporting her. I listened a teenager she took up the causes of great Secretary of Defense. to the questions on the Republican side the disenfranchised and the dispos- His credentials as one of our Nation’s and I came to the inescapable conclu- sessed, such as when she joined a cam- top security policy experts are well es- sion that Republican Senators were paign to stop the city of Flagstaff from tablished. He earned a bachelor’s de- going to refuse any effort to renomi- using recycled wastewater to make gree in physics and medieval history nate Eric Holder for Attorney General. snow on a set of peaks the Hopi people from Yale and his doctorate in theo- That is all they had to say. Their considered to be sacred. She later went retical physics from Oxford. He has grievance was with the sitting Attor- to the most dangerous place on Earth served as faculty chair at Harvard and ney General, who has announced he is because people there needed help. She is the author of 11 books. leaving as soon as his successor is cho- saw suffering on an unimaginable As singularly impressive as this is, sen. I listened carefully for any criti- scale, brought on by a vicious civil war Dr. Carter is also very much a doer. He cism of Loretta Lynch and I didn’t inside Syria and Iraq, and she wanted has served no fewer than 11 Secretaries hear it. to make it better. of Defense, including Leon Panetta and Then they had the panel of public No one is responsible for her death Chuck Hagel. He has four times been witnesses. That is a panel that has a except for ISIL. They killed her, as awarded the Department’s Distin- majority of Republican-chosen wit- they did James Foley, Steven Sotloff, guished Service Medal, as well as the nesses and Democratic witnesses. Early Abdul-Rahman, Peter Kassig, and Defense Intelligence Medal. on, I believe Senator LEAHY asked the thousands of individual innocent Iraqis As an assistant secretary during the question of all the witnesses there: and Syrians over the course of the last Clinton administration, he was instru- How many of you who are on this pub- year. mental in removing nuclear stockpiles lic panel oppose the nomination of Lo- It has been a long time since the from the former Soviet states of retta Lynch for Attorney General? Not world has seen such evil. This is a bru- Ukraine, Kazakhstan, and Belarus. one—not one Republican, not one Dem- tal inhuman terrorist organization

VerDate Sep 11 2014 00:00 Feb 13, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.003 S12FEPT1 smartinez on DSK4TPTVN1PROD with SENATE